HomeMy WebLinkAbout1.0 Application1
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GARFIELD COUNTY
RECEIVED
JAN 2 6 2006
Building & Planning Department GARFIELD COUNTY
108 8th Street, Suite 201 BUILDING & PLANNING
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
AMENDED AND CORRECTED PLATS APPLICATION
GENERAL INFORMATION
(To be completed by the applicant.)
> Street Address / General Location of Property: just east of Divide Creek Road
between County Road 335 and the Colorado River
➢ Legal Description: Lots 1-6, Riverview Ranch Subdivision and 2 Parcels
in SW S12, T6S, R92W of the 6th P.M.
> Subdivision Name: Riverview Ranch Subdivision
> Description of Proposal: realign the lot lines for Lots 1-6 to include
the lands in the parcel of land on the North border of Lots 1-6 to the
middle of the Colorado River.
> Name of Property Owner (Applicant): Robert M. Regulski
> Address: P.O. Box 9 Telephone: 625-2410
> City: Rifle State: co Zip Code:81650 FAX: 625-2410
> Name of Owner's Representative, if any (Planner, Attorney, etc):
STUVER, LeMoine & Clifton, P.C., Barbara L. Clifton
> Address: P.O. Box 907 Telephone: 625-1887
> City: Rifle State: CO Zip Code: 81650 FAX: 625-4448
STAFF USE ONLY
> Doc. No.: Date Submitted: TC Date:
> Planner: Hearing Date:
> Zone District:
1
Last Revised: 11/21/02
I. PROCEDURAL REQUIREMENTS
A. One of the following 3 procedures shall apply to a request for an Amended or
Corrected Plat.
1. Application for an amendment to a recorded plat may be made, if the amendment a) does
not increase the number of subdivision lots or dwelling units, b) results in the major
relocation of a road or add new roads, or c) does not result in the relocation of property
lines between more than two adjacent properties.
An application for an amended plat shall be considered by the Board at a regularly
scheduled public meeting. If approved, the amended plat shall comply with plat
requirements outlined below (subsection B).
2. An application for an amendment to a plat of an existing subdivision, established prior to
County subdivision regulations, that does not have an approved Preliminary Plan to verify
the consistency with the proposed amended plat, or that results in the relocation of property
lines between more than two (2) adjacent properties, shall be subject to the criteria and
public meeting requirements as follows:
A. The Board shall not approve an application for an amended plat as mentioned
above unless the applicant has satisfied the following criteria:
1) All Garfield County zoning requirements will be met;
2) All lots created will have legal access to a public right-of-way and any necessary
access easements have been obtained or are in the process of being obtained;
3) Provision has been made for an adequate source of water in terms of both the
legal and physical quality, quantity and dependability, and a suitable type of
sewage disposal to serve each proposed lot;
4) All applicable state and local environmental health and safety requirements
have been met or are in the process of being met;
5) Provision has been made for any required road or storm drainage
improvements;
6) Fire protection has been approved by the appropriate fire district;
7) Any necessary drainage, irrigation or utility easements have been obtained or
are in the process of being obtained; and
8) School fees, taxes and special assessments have been paid.
B. The Board shall consider the amended plat request at a public hearing.
The applicant shall be solely responsible for the publication, posting and mailing of
all notices and shall present proof of publication and mailing at or before the
meeting. If proper notice has not occurred, the public hearing will not occur.
Notice for the meeting shall be given as follows:
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(1) Notice by publication, including the name of the applicant, description of the
subject lot, a description of the proposed amendment and nature of the meeting,
and the date, time and place for the hearing shall be given once in a newspaper
of general circulation in that portion of the County in which the subject property
is located at least thirty (30) but not more than sixty (60) days prior to the date of
such meeting, and proof of publication shall be presented at hearing by the
applicant.
(2) Notice by mail, containing information as described under paragraph (1) above,
shall be mailed to all owners of record as shown in the County Assessor's Office
of lots within two hundred feet (200') of the subject lot and to all owners of
mineral interest in the subject property at least thirty (30) but not more than sixty
(60) days prior to such meeting time by certified return receipt mail, and receipts
shall be presented at the meeting by the applicant.
(3)
The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning
Department. The posting must take place at least thirty (30) but not more than
sixty (60) days prior to the hearing date and is the sole responsibility of the
applicant to post the notice, and ensure that it remains posted until and during
the date of the hearing.
If approved, the corrected plat shall comply with the requirements outlined below
(subsection B).
3. A correction may be made to an approved plat, if the sole purpose is to correct technical
errors such as minor surveying errors and drafting errors, and the correction is consistent
with the approved Preliminary Plan. Within thirty (30) days of being deemed in technical
compliance, the corrected plat shall be brought before the Board at a regularly scheduled
public meeting for review and decision.
If approved, the corrected plat shall comply with the requirements outlined below
(subsection B).
B. Upon approval of an Amended or Corrected Plat by the Board, the following plat
requirements shall apply:
A plat titled "Amended Final Plat of (subdivision name)" shall be signed and dated by the County
Surveyor, then signed and dated by the Chairman of the Board, as a consent agenda item, at a
regularly scheduled Board meeting, and recorded in the Clerk and Recorder's Office of Garfield
County within ninety (90) days of Board approval.
The Amended Plat shall meet the minimum Colorado Revised Statues ("CRS") standards for land
survey plats, as required by Colorado state law, and approved by the County Surveyor and shall
include at least the information as outlined in Section 5:22 [Final Plat Requirements] of the Garfield
County Subdivision Regulations.
C. Application process steps:
1. Submit this completed application form, base fee, and all submittal requirements outlined below
to the Garfield County Planning Department. It will be received and given to a Staff Planner
who will review the application for technical compliance (completeness).
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2. Once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete and will request additional copies for the Board to review.
In addition, shall the request require a public hearing, Staff will also send you a "Public Notice
Form(s)" indicating the time and date of your hearing before the Board. Prior to the public
hearing, Staff will provide you with a Staff Memorandum regarding your requested amended or
corrected plat.
3. The Applicant is required to appear before the Board at the time and date of the public hearing
or public meeting at which time the Board will consider the request. Should the request require
a public hearing, the Applicant shall provide proof, at the hearing, that proper notice was
provided.
4. Once the Board makes a decision regarding the amended or corrected plat request, Staff will
provide the Applicant with a follow-up letter outlining the action taken by the Board.
II. APPLICATION SUBMITTAL REQUIREMENTS
(The following steps outline how an amended or corrected plat application review process works
in Garfield County.)
A. The following application submittal requirements shall only be applicable to Procedure 1
and 3 listed above in the "Procedural Requirements" section of this application. The
application for an amended plat or corrected plat shall be submitted with the following:
1. A narrative explanation of the reason for the application.
2. The consent of all land owners involved. Copy of the deed showing ownership of the
parcel(s), or a letter from the property owner(s), if other than the applicant.
3. A plat shall illustrate the parcel(s) prior to adjustment and subsequent adjustment.
4. The Applicant shall sign the "Agreement For Payment" form and provide the Base Fee
with the application. (see attached fee schedule for amount)
5. Provide 2 copy of the Application. Staff will request additional copies once the
application has been deemed technically complete.
B. For Procedure 2 listed above in the "Procedural Requirements" section of this application,
the following supplemental information shall be submitted with the application:
1. Narrative explaining why the amended plat is being requested.
2. A plat shall illustrate the parcel(s) prior to adjustment and following the adjustment.
The plat shall delineated the fathering and receiving parcel(s) and/or boundary
line(s) prior to adjustment, and the parcel(s) or boundary line(s)
transferred/relocated following the adjustment.
3. Copy of the deed showing ownership of the parcel(s), or a letter from the property
owner(s), if other than the applicant.
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4. Names and addresses of owners of record of land immediately adjoining and within
two hundred feet (200') of the proposed amended plat, mineral owners and lessees
of mineral owners of record of the property to be a part of the amended plat, and
tenants of any structure proposed for conversion.
5. Evidence of the soil types and characteristics of each type.
6. Proof of legal and adequate source of domestic water for each lot created (which
may consist of proof described in Section 8:42(D) of the Subdivision Regulations),
method of sewage disposal, and letter of approval of fire protection plan from
appropriate fire district.
7 If connection to a community or municipal water or sewer system is proposed, a
letter from the governing body stating a willingness to serve.
8. The Applicant shall sign the "Agreement For Payment" form and provide the Base
Fee with the application. (see attached fee schedule for amount)
9. Provide 2 copies of the Application. Staff will request additional copies once the
application has been deemed technically complete.
I have read the statements above
correc and a fat- o the bes
have provided the required attached information which is
(Signature of applicant/owner)
5
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and ROBERT M. REGULSKI
(hereinafter APPLICANT) agree as follows:
. 1. APPLICANT has submitted to COUNTY an application for AMENDED PLAT FOR
RIVERVIEW'. RANCH SUBDIVISION (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for
the administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision
plan.
ROBERT M. REGULSKI
Print Name
Mailing Address: P • O •
BOX 9
RTFLE, CO 81650
10/2004
Page 4
PETITION FOR A MENDED PLAT
RIVERVIEW RANCH SUBDIVISION
ROBERT M. REGULSKI, APPLICANT
NARRATIVE
Pursuant to the Subdivision Regulations of Garfield County, Colorado §6:00, adopted April
23, 1984, as amended, Robert M. Regulski (Applicant) petitions the Board of County Commissioners
of Garfield County, Colorado to amend the recorded plat of Riverview Ranch Subdivision for the
reasons stated below.
1. Applicant owns Riverview Ranch Subdivision. Applicant also owns two adjacent
unplatted parcels in the SW of Section 12, Township 6 South, Range 92 West of the 6th Principal
Meridian. One of the parcels is located between the north boundary of Lots 1-6 and the centerline
of the Colorado River and the other is located west of Lot 1. Copies of the deeds demonstrating
ownership is attached as Exhibit A.
2. The purpose of this request is to modify and realign the lot lines for Lots 1-6,
Riverview Ranch Subdivision, to include the adjacent parcel located to the north and a portion of
the adjacent parcel to the west. This would allow each of Lots 1-6 to encompass the property to the
centerline of the Colorado River and to straighten the lot lines for each lot making Lots 1-6 more
marketable. There would be no increase in the number of lots in the Riverview Ranch Subdivision.
3. The lots as amended meet all Garfield County zoning requirements for A/I zoning.
4. Access for Lots 1-6 is via an internal loop, Shore Road, onto County Road 335.
Shore Road is already constructed pursuant to the original subdivision approval. No change in the
location of Shore Road is proposed. All road impact fees have been paid.
5. Each lot is supplied with domestic water via an individual water well. Each water
well has already been permitted and drilled. The water supply is decreed in Case No. 99CW 176 with
augmentation water supplied from a contract with Colorado River Water Conservation District. A
well pump test for the well drilled on Lot 6 and a water analysis done in conjunction with the
original subdivision. Copies of the well permits, Court Decree, water augmentation contract, pump
test and water analysis are attached as Exhibit B.
6. The sewage system for each lot will be through individual sewage disposal systems
(ISDS). The large lot size, from 5.61 to 8.61 acres, provides adequate space for a septic tank and
leach field as well as adequate separation from the potable water supply. At the time of original
subdivision approval, Hepworth-Pawlak provided percolation testing results showing that ISDS is
acceptable.
7. As demonstrated by a comparison of the drainage study and utility plans for the
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original subdivision approval, no additional drainage or utility easements are required.
8. All schooYlmpact fees have been paid.
9. In further support of this Petition, the following are submitted herewith:
a. A proposed amended plat;
b. A schedule of names and addresses of owners of record of lands within 200
feet of the amended plat boundary, and mineral owners and lessees of record, (Exhibit C);
(Exhibit D);
E); and
c. Soil types and characteristics from USDA Soil and Conservation Service,
d. An approval letter from Burning Mountain Fire Protection District, (Exhibit
e. The authorization set forth below.
I authorize Stuver, LeMoi
AUTHORIZATION
l fton, '.C. to re iresent me in his matter.
deir( "Zeit
Rob -rt M. uls
2
ihi4iBi::i:nis.f.i: - - —_ - �'.tl"•-� "'1ti -° „n., ::o�..LCcv-.+awy:Ki._«w
477788 B-940 P-45 05/08/95 03:36P PG 1 OF 2 • REC DOC NOT
MIIDRED ALSDORF GARFIELD C *JNIY CLQ AND RECORDER 10.00 19.85
SPECIAL WARRANTY DEED
THIS DEED. Made this 5th day of Hay
THE PARLOUR. INC., A COLORADO CORPORATION
of the said County of
—Dos REGULSKI
?oirtrt
1995 . between
BOULDER and State of COLORADO . grantor. and
whose legal address is 0045 MID VALLEY DRIVE,
NEW CASTLE, CO 81647
of the said County of GARFIELD and State of COLORADO . grantee:
DOC FEE $19.85
WITNESS, that thc grantor, for and in consideration of thc sum of good and valuable
consideration and ten DOLLARS. the receipt and sufficiency of w1 kh is hereby
acknowledged. has granted, bargained, sold and conveyed. and by these presents docs grant, bargain. sdl. convey and confirm. unto the
grantee, his heirs and assigns forcer. all the real property, together with improvements, if any. situate. Lying and being is the said
County of GARFIELD and State of Colorado described as follows:
SEE EXHIBIT "A"
TOGETHER WITH 108 SHARES IN THE WARD & REYNOLDS DITCH COMPANY AND ALL OF GRANTOR'S
RIGHTS TO A NATURAL ;AS TAP WHICH IS APPURTENANT TO THE REAL PROPERTY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO.
IN THE EVENT THAT THE GRANTEE HEREIN SHALL SUBDLVIDE THE REAL PROPERTY BEING
CONVEYED HEREIN, GRANTEE SHALL GRANT A RIGHT OF FIRST REFUSAL TO GRANTOR TO
PURCHASE SUBDIVIDED PROPERTY.
/niA;64 44k1dnbkbu'V 1bel //
TOGETHER with all.aud singular the hereditaments and appurtenances thereto belonging. or in anywise appertaining, and the reversion
and reversions, remainder and remainders, rents, issues and profits thereof, and all thc estate. right, title. interest, claim and demand what-
soever of the grantor. either in law or equity, of. in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO ITOLI) the said premises above bargained and described with the appurtenances. unto the grantee , his heirs and
assigns forever. The grantor. for himself. his heirs, and personal representatives or successors. do covenant and agree that he shall .rid will
WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantor, his heirs and
assigns. against all and every person or persons claiming the whole or any part thereof, by. through or under the grantor. The singular
number shall include the plural. thc plural and the singular. and thc use of any gender shall he applicable to all genders.
IN WITNESS WHEREOF. the grantor has executed this decd on the date sct forth above.
THE PARLOUR, INC., A COLORADO
CORPORATI
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•�i, ij' i•
�Y /C I K R
Sonne
J995
95 of COLORADO I
�` I ss
�County of --�T
. The foregoing instrument was aa.u..wledgcd heli.re me this dm i.f may
by Mary Cahill Knauer an President of The Parlour, Inc., a Colorado
PRESIDENT
x/88 B-940 P'-48 05/04/14 t 030 11 Ri a OF 2
.
SCHEDULE A
•
.ORDER NO: 95023806 C-3
PROPERTY DESCRIPTION'.
• 'EXHIBIT A
A parcel of land situated Ln Section 12, Township 6 South, Range
92 Hest of the 6th Principal Meridian, County of Garfield, State
of Colorado, .ore particularly described as follows,
Commencing at an iron post and brass cap properly marked and
found In place for the North Quarter Corner of Section 7,
Township 6 South, Range.91 Hest of the 6th Principal Meridian,
thence 5.,57'21']9" H. 7128.11 feet,to a point on the Horth
right-of-way of County Road No. ]35, the True Point If Beginning;
(whence the East Quarter Corner of said Section 7, a rock
properly marked and found in place, bears N. 81']]'20" E. 8700.41
leetlt
thence N. 11'29'10" H. along a line running 5.00 feet easterly
of the centerline of an existing water pipeline. 288.07 feet
to a point in an existing fence line,
thence N. 81']2'30" E. along said fence 274.55 feet,
thence N. 26.11'04' E. along said fence 24.23 feet;
thence N. 80']0'25' E. along said fence 114.0] feet;
thence leaving said fence N. 03'43'38' H. 320.17 feet to the
headgate of an existing ditch on the south bank of the Colorado
River)
thence S. 84'30'14' E. 501.14 feet)
thence N. 81'22'24' E. 727.16 feet to a.point of intersection
with the centerline of a gulch; ' •
thence leaving said south bank 3. 13'52'34' E. along said center-
line elf gulch, 174.31 feet,
thence 5. 48'03'12" E. along said centerline 121.91 feet)
thence S. 27'56'41' E. along said centerline 446.28 feet;
thence 5. 01'52'47' E. along said centerline 403.72 feet;
thence S. 11'26'42' H. along said centerline 266.41 feet)
thence S. 00.12']9" E. along said centerline 92.43 feet to a
point on the north right-of-way of County Road No. 335;
thence N. 83'28'24" H. along said north right-of-way 141.16 feet)
thence along said north right-of-way along a curve to the right,
having a central angle of 21'33'26" and radius of 838.8] feet, a
distance of 315.61 feet (chord bears N. 72.41'40' H. 313.75 feet);
thence along said north right-of-way H. 61.54'57' H. 15].62 feet;
thence along said north right-of-way along a curve to the left,
having a central angle of 02'14'38" and radius of 1141.22 feet,
a distance of 44.70 feet (chord bears N. 63'02'18' H. 44.69 feet);
thence along said north right-of-way N. 64'09'36" H. 523.71 feet;
thence along said north right-of-way along a curve to the left,
having a central angle of 05'20'57" and radius of 1054.62 feet,
a distance of 98.46 feet (chord bears N. 66'50'04' H. 98.42
feet); •
thence along said north right-of-way N. 69'30:]2" H. 207.37
feet,
thence along said north right-of-way along a curve to the left,
9"
radius of
aadistanceeofr198.24al 1feet (charde of 5bears dN. 78'45'31614feet,9
H.197.38
feet);
thenc-,along said north right-of-way N. 88.00']2" 14.,129.75 feet;
thence along said north right-of-way line along a curve to the
right, having a central angle of 51'37'0]" and radius of 185.79
feet, a distance of 167.38 feet (chard bears N. 62'11'59" H.
161.77 feet) to the True Point of Beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
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11111111111111 111 111111111 I111
02 10:36R B1333 P434 M RLSDORF
.00 D 17.50 GARFIELD COUNTY CO
WARRANTY DEED
THIS DEED, Made this day of February, 2002, between Thomas Bradtke, of the
County of Garfield and State of Colorado, Grantor, and Robert M. Regulski, whose legal address is
P.O. Box 9, Rifle, Colorado 81650, of the County of Garfield, State of Colorado, Grantee:
WITNESSETH, That the Grantor for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain,
sell, convey and confirm, unto the Grantee, his heirs, successors and assigns forever, all the real
property, together with improvements, if any, situate, lying and being in the County of Garfield, State
of Colorado described as follows:
That real property described on Exhibit A attached hereto and incorporated herein by
this reference.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,
or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues
and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the
Grantor, either in law or equity, of, in and to the above -bargained premises, with the hereditaments
and appurtenances.
TO HAVE AND TO HOLD the said premises above -bargained and described, with the
appurtenances, unto the Grantee, his heirs, successors and assigns forever. And the Grantor, for
himself, his heirs, successors and assigns, does covenant, grant, bargain, and agree to and with the
Grantee, his heirs successors or assigns, that at the time of the ensealing and delivery of these
presents, is well seized of the premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful
authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the
same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever, except subject to the lien of the
2002 general property taxes, easements described in deed recorded in Book 525 at Page 909, prior
mineral reservations recorded in Book 443 at Page 516, easements for irrigation ditches in place and
in use, easement recorded in Book 486 at Page 953, and terms and conditions of agreement recorded
in Book 525 at Page 914.
The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained
premises in the quiet and peaceable possession of the Grantee, his heirs, successors and assigns,
against all and every person or persons lawfully claiming the whole or any part thereof. The singular
number include the plural, the plural the singular, and the use of any gender shall be applicable to
all genders.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
STATE OF COLORADO
) ss
COUNTY OF GARFIELD
Thomas Bradtke
The foregoing instrument was acknowledged before me this a$' day of Ve 1.ALtc\.( ,
2002, by Thomas Bradtke.
Witness my hand and official seal.
My Commission Expires: pq�
DENNP ROOF
NOTARY PUBLIC
STATE OF COLORADO
My Commission E oires 09/27/2005
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03/01/200202 10:30 81333 P435 M ALSDORF
of 2 R 10.00 D 17.50 GARFIELD COUNTY CO
EXHIBIT A
PARCEL 1
qarcel of land situated in Section 12, Township 6 South, Range 92 West of the 6th Principal Meridian,
p of Garfield State of Colorado, more articularly described as follows:
County p
'
Commencing at an post and brass cap properly marked and found in place for the North Quarter
Ton the Principal Meridian,
Corner of Section 7, Township 6 South, Range 91 West of
TRUE POINT OF BEGINNING; South 59°33'O '
West 029.29 feet to a point on an existing fence line the
thence North 11°29'10" West along a line running 5.00 feet Easterly of the centerline of an existing water
pipeline, 522.35 feet to a point on the South Bank of the Colorado River;
thence South 76°52'21" East
'25"
st 114.03 feet; thence
490.76 feet; thence South 03°43'38" East 320.17
outhfeet; 81°32'30'G e Westt274.550feet toethe TRUE POINT OF
South 26°11'04" West 24.23 feet; thence
BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
TOGETHER WITH a 20 foot pipeline and access easement lying 5 feet Easterly and 15 feet Westerly of the
centerline of an existing water pipeline described as follows: a 91 West of the 6' P.M.;
Commencing at said North Quarter Comer of Section 7, Township 6 South, Rang
thence South 57°27'51" West 7128.52 feet to a pointon the or North 69367t of way
of said County Road No. 335,
the TRUE POINT OF BEGINNING, thence North ,119
TOGETHER WITH a 20 foot access easement Tying 10 feet to either side of the centerline of an existing road
described as follows:
Commencing at said North Quarter corner of Section 7, Township
6 of way of said County Road Na 3 5,
e 91 West of the 6th P.M.;
thence South 60°14'45" West 7103.28 feet to a point on property ne of the
the TRUE POINT OF BEGINNING; thence North 83°39'55" East 98.84 feet to the Easterly prop Y
parcel described above.
.*411I111I11111111111111111111111111
x,73002 10:41A B1333 P436 M ALSDORF
f.00 D 17.50 GARFIELD COUNTY CO
WARRANTY DEED
THIS DEED, Made this c781' day of February, 2002, between Thomas Bradtke, of the
County of Garfield and State of Colorado, Grantor, and Robert M. Regulski, whose legal address is
P.O. Box 9, Rifle, Colorado 81650, of the County of Garfield, State of Colorado, Grantee:
WITNESSETH, That the Grantor for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain,
sell, convey and confirm, unto the Grantee, his heirs, successors and assigns forever, all the real
property, together with improvements, ifany, situate, lying and being in the County of Garfield, State
of Colorado described as follows:
e1 That real property described on Exhibit A attached hereto and incorporated herein by
this reference.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,
or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues
and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the
Grantor, either in law or equity, of, in and to the above -bargained premises, with the hereditaments
and appurtenances.
TO HAVE AND TO HOLD the said premises above -bargained and described, with the
appurtenances, unto the Grantee, his heirs, successors and assigns forever. And the Grantor, for
himself, his heirs, successors and assigns, does covenant, grant, bargain, and agree to and with the
Grantee, his heirs successors or assigns, that at the time of the ensealing and delivery of these
presents, is well seized of the premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful
authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the
same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever, except subject to the 2002 general
property taxes and that the same is subject to any interest in said property affected by the southerly
meander of the Colorado River.
The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained
premises in the quiet and peaceable possession of the Grantee, his heirs, successors and assigns,
against all and every person or persons lawfully claiming the whole or any part thereof. The singular
number include the plural, the plural the singular, and the use of any gender shall be applicable to
all genders.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
STATE OF COLORADO
ss
COUNTY OF GARFIELD
7
Thomas Bradtke
The foregoing instrument was acknowledged before me this {•" day of ��.t ,
2002, by
Witness my hand and official seal.
My Commission Expires:
DENNA ROOF
NOTARY Pi1BUC
STATE OF COLORADO
Ms Commission Expires 0912712005
Notary Public
�lrc \ 6.
u.Vcr .E Lc ln'lo tv\c t• C,
L1 30ct0-1
i� �� , CO Sty
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f 1111111111111111f1111111111 III 1111 iiil
:i 03/01/2002 10:41A B1333 P437 M ALSDOR
0 2 R 10.00 D 17.50 GARFIELD COUNTY CO
2
EXHIBIT A
PARCEL 2
A parcel of land situated between the existing South Bank of the Colorado River and the existing centerline
of the Colorado River in Section 12, Township 6 South, Range 92 West of the Sixth Principal Meridian,
Garfield County, Colorado, more particularly described as follows:
Commencing at an iron post and brass cap properly marked and found in place for the North Quarter
Corner of Section 7, Township 6 South, Range 91 West of the Sixth Principal Meridian, thence South
63°40'14" West 6877.32 feet to a point on said South Bank of the Colorado River, the TRUE POINT OF
BEGINNING (whence the East 1/4 Corner of said Section 7 bears North 86°50'38" East 8780.79 feet); thence
North 15°59'31" East 278.03 feet to said centerline of the Colorado River; thence along said centerline
South 74°00'29" East 955.43 feet; thence along said centerline North 81°14'10" East 684.18 feet; thence
leaving said centerline South 08°45'50" East 160.55 feet to the point of intersection of said South Bank of
the Colorado River with the centerline of a gulch running North and South; thence along said South Bank
South 81°22'24" West 727.16 feet; thence along said South Bank North 84°30'14" West 501.14 feet to the
headgate of an existing ditch; thence along said South Bank North 76°52'21" West 490.76 feet to the TRUE
POINT OF BEGINNING.
,1-111111 11111 1111 111E1 ILII III 11111 1111 1111
--pa/26/2003 10:31A 81510 P419 M ALSDORF
R 21.00 D 0.00 GARFIELD COUNTY CO
AFFIDAVIT AND NOTICE REGARDING
BOUNDARY LINE ADJUSTMENT
The undersigned being first sworn upon thereof, deposes and states as follows:
1. I am the owner of real property in the unincorporated area of Garfield County, which
is described in Exhibit A and Exhibit B and which are attached hereto and incorporated herein by
this reference.
2. The real property parcels described in Exhibit A and Exhibit B are assigned Assessor's
Parcel Numbers 2179-123-00-466 and 2179-123-00-467, respectively.
2. I am desirous of adjusting the boundary lines of the two lots and sign this Affidavit
and Notice in accordance with the Garfield County Subdivision Regulations of 1984.
3. I hereby represent that no new lots will be created and, therefore, that Garfield
County will not be required to issue any building permits, other than what it would be required to
issue for the already existing lots.
4. I hereby represent that none of the parcels of property involved in this boundary line
adjustment is part of a previously platted subdivision of record.
5. I hereby represent that the boundary line adjustment made reference to herein will
not cause the loss of access by road or to utilities, to any parcel of property involved.
6. I hereby authorize Garfield County to record a copy of this Affidavit with the Garfield
County Clerk and Recorder, and to furnish this Affidavit to the Garfield County Assessor.
FURTHER AFFIANT SAYETH NOT.
DONE this aJ ✓ day of
F
Uhf
Page 1 of 2
, 2003.
Robert M. Regulski
T r ."
4 1 LI ER LE7n41.J wird, %.�•
.2, i r'PNEy:, AT LAW
. TST T-iRRD 51 KEETIt
-
I�
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111111 1111111111111111 11111111 11111 11111111
8/26/2003 10:31A B1510 P420 M ALSDORF
R 21.00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing Affidavit and Notice Regarding Boundary Adjustment was acknowledged
before me on this � day of August, 2003, by Robert M. Regulski.
Witness my hand and official seal.
My commission expires:
` 7 )d
Notary PubiYc
Page 2 of 2
IIIII 111111111 1111111 11111lIl 11111 11111111
,48/26/2003 10 31A B1510 P421 M ALSDORF
R 21.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT A-1
PARCEL NO. 2719-123-00-466
PRIOR TO BOUNDARY LINE ADJUSTMENT
r J..
A TRACT OF LAND SITUATED IN THE S`./1/4 OF SECTION 12, TOWNSHIP 6 SOUTH, RANGE 92 WEST
OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF
LAND BEING DESCRIBED 3Y METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT FROM WHENCE THE NORTH 1/4 CORNER OF SECTION 7, TOWNSHIP 6
SOUTH, RANGE 91 WEST OF THE 6TH P.M. BEARS N.59 -33'04-E. 7029.29 FEET, SAID NORTH
1/4 CORNER BEING A GARFIELD COUNTY SURVEYOR BRASS CAP MONUMENT FOUND IN PLACE;
THENCE N.81'32'30'E. 27,4.55 FEET; THENCE N.26 '11'04-E. 24.23 FEET;
THENCE N.80'30'25'E. 114.03 FEET; THENCE N.03'43'38'1.4 320.17 FEET;
THENCE N.76'52'21'V. 448.25 FEET; THENCE S.79'01'50'W. 20.50 FEET;
THENCE S.11'29'01'E. 1526 FEET; THENCE S.65'41'41'W. 21.26 FEET;
THENCE S.11'29'01'E. 18.44 FEET; THENCE 67.99 FEET ALONG THE ARC OF A NON -TANGENT
CURVE TO THE LEFT HAVING A RADIUS OF 69.49, A CENTRAL ANGLE OF 56'03'41' AND
SUBTENDING A CHORD WHICH SEARS S.14'37'42"W. 65.31 FEET;
THENCE S.24'59'04'E. 50.17 FEET; THENCE S.16'48'17'E. 50.50 FEE
THENCE S.10'27'45'E. 219.08 FEET;
THENCE S.25'34'09'W. 35.92 FEET; THENCE 5.85'47'45'`./. 62.94 FEET TO A POINT ON THE
NORTHERLY RIGHT OF VAY CF GARFIELD COUNTY ROAD NO. 335; THENCE ALONG SAID RIGHT OF WAY
THE FOLLOWING FOUR C URSES;
THENCE S.37'05'S1'E. 16.38 FEET;
THENCE 238.58 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS QF 817.82
FEET, A CENTRAL ANGLE OF 16'42'53' AND SUBTENDING A CHORD WHICH BEARS S.28'44'25'E.
237.74 FEET;
THENCE S.20'22'58'E. 66.53 FEET;
THENCE 51.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 185.79 FEET,
A CENTRAL ANGLE OF I6'00'21' AND SUBTENDING A CHORD WHICH BEARS S.28'23'09'E.
51.73 FEET;
THENCE N.11'29'O1'W. 288.07 FEET TO THE POINT OF BEGINNING. 7 Z `;
"SAID TRACT OF LAND CONTAINS 4.70 ACRES, MORE OR LESS. tA1 0
EXHIBIT A-2
PARCEL NO. 2719-123-00-466
AFTER BOUNDARY LINE ADJUSTMENT
A TRACT OF LAND BEING SITUATED IN SW1/4 OF SECTION 12, TOWNSHIP 6 SOUTH. RANGE 92
WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAIO TRACT OF LAND BEING
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT FROM WHENCE THE NORTH 1/4 CORNER OF SECTION 7, TOWNSHIP 6
SOUTH, RANGE 91 WEST BEARS N.59"33'04"E. 7029.29 FEET, SAIO NORTH 1/4 CORNER BEING
A GARFIELD COUNTY SURVEYOR BRASS CAP MONUMENT FOUND IN PLACE:
THENCE S.11'29'10"E. 288.07 FEET TO A REBAR AND PLASTIC CAP PLS NO. 5774 FOUND IN
PLACE; THENCE ALONG THE NORTHERLY RIGHT OF WAY OF GARFIELD COUNTY ROAD NO. 335 51.90
FEET ALONG THE ARC CF A NON -TANGENT CURVE.TO THE RIGHT HAVING A RADIUS OF 185.52 FEET,
A CENTRAL ANGLE OF 16'01'14" AND SUB -TENDING A CHORD WHICH BEARS
N.28"23'26"W. 51.73 FEE7'.
THENCE CONTINUING ALONG SAID RIGHT OF WAY N.20"22'58"W. 66.53 FE -7T;
THENCE CONTINUING ALONG SAID RIGHT OF WAY 238.58 FEET ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 817.82 FEET, A CENTRAL ANGLE OF 16'42'53" AND SUB -TENDING
A CHORD WHICH BEARS N.23'2'4'25"W. 237.74 FEET;
THENCE CONTINUING ALONG SAID RIGHT OF WAY N.37'06'19"W. 16.38 FEET;
THENCE DEPARTING SAID RIGHT OF WAY N.85'47'45"E. 52.94 FEET;
THENCE N.25'34'09"E. 35.92 FEET; THENCE N.10"27'45"W. 219.08 FEET;
THENCE N.16'48'17"W. 50.50 FEET; THENCE N.24'59'04"W, 50.17 FEET;
THENCE 67.99 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS
OF 69.49, A CENTRAL .ANGLE OF 56'03'41" AND SUB --TENDING A CHORD OF N.1='37'2'2"E
65.31 FEET; FE=
TI
N.11'79'01"W. 13.44 FEET; THENCE N.65'41'41'E. 21.26 FEE ;
THENCE N.11'29'0 i "W. 15.25 FEET; THENCE N.79"01'50"E 65.72 FEET;
THENCE N.15'59'31 FEET; THENCE 5.7-'00'29"E. 225.03 FEET;
THENCE S.19'15'20"W. -1.C.3.9 FEET; THENCE 5.03"04'4C"=. 348.52 FEET,
THENCE S.31'32'30"W. 172'.99 FEET TO THE POINT OF BEGINNING.
SAID TRACT CF LAND CONTAINS 4.17 ACRES, MORE OR LESS.
,11(111111 111111 3 1111111ILIII III 1111111111111
/08/26/2003 10:31A 61510 P422 M A
LSDORF
4 R 21.00 D 0.00 GARFIELD COUNTY CO
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EXHIBIT B-1
PARCEL NO. 2719-123-00-467
PRIOR TO BOUNDARY LINE ADJUSTMENT
A TRACT OF LAND SITUATED IN THE SW1/4 OF SECTION 12. TOWNSHIP 6 SOUTH, RANGE 92 WEST
OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF
LAND BEING DESCRIBED 3Y METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT FROM WHENCE THE NORTH 1/4 CORNER OF SECTION 7, TOWNSHIP 5
SOUTH, RANGE 91 WEST OF THE 6TH P.M. BE.ARS N.63 -26'39"E. 6844.55 FEET, SAID NORTH
1/4 CORNER BEING A GARFIELD COUNTY SURVEYOR BRAS: CAP MONUMENT FOUND IN PLACE;
THENCE N.79-o1'S0'E. 45.22 FEE-; THENCE N.15'59'31'E. 255.43 FEET;
THENCE S.74'00'29'E. 872.65 FEET; THENCE N.81'14'10'E. 624.18 FEET;
THENCE S.08'45'S0'E. 160.55 FEET; THENCE S.81'22'24'`d. 727.16 FEET;
THENCE N.84'30'14'W. 501.14 FEET; THENCE N.76'52'21'W. 442.23 FEET TO THE POINT
OF BEGINNING.;
SAID TRACT OF LAND CONTAINS 7.36 ACRES, MORE OR LESS.
EXHIBIT B-2
PARCEL NO. 2719-123-00-467
AFTER BOUNDARY LINE ADJUSTMENT
A TRACT OF LAND BEING SITU ED IN SW1 /4 OF :SECTION 12, TOWNSHIP 5 SOUTH, RANGE 92
WEST OF THE 611-1 P.M., COUNTY OF GARFIELD, STATE CF COLORADO, SAID TRACT CF LAND B=!NG
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT FROM WHENCE THE NORTH 1/4- CORNER OF SECTION 7, TOWNSHIP 6
SOUTH, RANGE 91 WEST BEARS N.39'33'04"E. 7029.29 FEET AND SAID NORTH 1/4 CORNER BEING
A GARFIELD COUNTY SURVEYOR BRASS CAP MONUMENT FOUND IN PLACE:
THENCE. N.81'32'30"E. 174.99 FEET TO THE TRUE POINT OF BEGINNING;
THENCE N.03'04'40"W. 348.52 FEET;
THENCE N.1 9.45.20"E. 340.39
THENCE 5.74'00'29"E. 646.51 FEET;
THENCE N.8114210"E. 584.18 FEET:
THENCE_ S.08'45'50"E. 160.55 FEET;
THENCE. S.81'22'24"W. 727.16 FEET
THENCE N.84'30'27"W. 501.12 FEET;
THENCE S.03'43'38"E. 320.17 FEET;
THENCE S.8G'30'25W. 114.03 FEE
THENCE. 5.2611'04"W. 24.23 FEET; _
THENCE S.81'32'30"W. 99.5/ TO THE TRUE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINS 7.90 ACRES, MORE OR LESS.
Form No.
GWS125
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St, Deriver, Colorado 80203 •
(303) 888-3581
ROBERT M REGULSKI
P 0 BOX 9
RIFLE, CO 81650-
(970) 625-2410
PERMIT TO CONTR_„�I lT ,4 WELL
LIC
WELL PERMIT NUMBER 054214 - F
DIV. 5 WD45 DES. BASIN MD
Lot: 1 Block: Filing: Subdiv; RIVERVIEW RANCH
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 1/4 SW 1/4 Section 12
Township 6 S Range 92 W Sixth P.M.
DISTANCES FROM SECTION LINES
1600 Ft. from South Section Line
2800 Ft. from East Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDiTIONS 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 this 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 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 18.
3) Approved pursuant to CRS 37-90-137(2) on the condition that this well is operated in accordance with the Robert M.
Regulski Augmentation Plan approved by the Division 5 Water Court In case no. 99CW 176. If this well is not operated in
accordance with the terms of said decree, It will be subject to administration including orders to cease diverting water_
4) Approved for a well an a residential site of 5.88 acre(s) described as lot 1, Riverview Ranch Subdivision, Garfield County.
5) The use of ground water from this well is limited to ordinary household purposes Inside two single family dwellings,
watering of two head of Livestock, and the watering of 100 square feet of home lawns and gardens.
6) The maximum pumping rate of this well shall not exceed 15 GPM.
7) The annual withdrawal of ground water from this well shall not exceed .816 acre-foot.
8) 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 returned to the same stream system in which the weft is located.
9) The owner shall mark the well In a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annua:ty) and submitted to the Division Engineer upon
request.
11) This well shall be constructed not more than 200 feet from the location specified on this permit.4 opleompei
Permit Expiration Date Extended to. July 19', 2002
AOT 7-5-01
APPROVED
KJW
Receipt No. 0462883A
z
State Engineer Mti
DATE ISSUED JUL 1 9.
i3 EXPIRATI DATE \41,11.. 9
1
Forrn No.
GW $.26
K
,PPI)ICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203
(303) 8663581
ROBERT M REGULSKI
P 0 BOX 9
RIFLE, CO 81650-
(970) 625-2410
PERMIT TO CONSTRUCT A WELL
LIC
WELL PERMIT NUMBER 054215
DIV. 5 WD45 DES. BASIN MD
Lot:
2 Block:
Filing:
Subdiv: RIVERVIEW RANCH
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1/4 SE 114 Section 12
Township 6 S Range 92 W Sixth RM.
DISTANCES FROM, SECTION LINES
1600 Ft. from South Section Line
2550 Ft. from East Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS 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 this 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 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 18.
3) Approved pursuant to CRS 37-90-137(2) on the condition that this well is operated in accordance with the Robert M.
Regulski Augmentation Plan approved by the Division 5 Water Court in case no. 99CW 178. if this well Is not operated In
accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water.
4) Approved for a well on a residential site of 5.63 acre(s) described as lot 2, Riverview Ranch Subdivision, Garfield County.
5) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings,
watering of two head of livestock, and the watering of 100 square feet of home lawns and gardens.
6) The maximum pumping rate of this well shall not exceed 15 GPM.
7) The annual withdrawal of ground water from this well shall not exceed .816 acre-foot.
8) The return 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 returned to the same stream system in which the well is located.
9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request.
11) This well shall be constructed not more than 200 feet from the location specified on this perm' tfr
Permit expiration Date Extended to July 19 200
AOT 7=5-01'
APPROVED
KJW
Receipt No. 0462883E
Af% '9V4771I 1 61
State Engineer 9 B
JU
DATE ISSUED L EXPIRATION
ldbt19 noi
1
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg.. 1313 Sherman SL, Denver, Colorado 80203
(303) 888.3581
ROBERT M REGULSKI
P 0 BOX 9
RIFLE, CO 81650 -
LIC
WELL PERMIT NUMBER 0 X42 - f
DIV. 5 WD45 DES. BASIN MD
Lot
3 Block:
Filing:
Subdly: RIVERVIEW RANCH
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1/4 SE 1/4 Section 12
Township 6 S Range 92 W Sixth P.M.
DISTANCES FROM SECTION LINES
(970) 625-2410
PERMIT TO CONSTRUCT A WELL,
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CQNAIDONS 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 this 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 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 18.
3) Approved pursuant to CRS 3790-137(2) on the condition that this well is operated in accordance with the Robert M.
Regulski Augmentation Plan approved by the Division 5 Water Court in case no. 99CW176. If this well is not operated In
accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water.
4) Approved for a well on a residential site of 5.76 acre(s) described as lot 3, Riverview Ranch Subdivision, Garfield County.
5) The use of ground water from this welI is limited to ordinary household purposes inside two single family dwellings,
watering of two head of livestock, and the watering of 100 square feet of home lawns and gardens.
6) The maximum pumping rate of this well shall not exceed 15 GPM.
7) The annual withdrawal of ground water from this well shall not exceed .816 acre-foot.
8) The return 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 returned to the same stream system In which the well is located.
9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least ono: oll y) end submitted to the Division Engineer upon
request.
11) This well shall be constructed not more than 200 feet from the location specified on this permit ,n7/0p0/
1600 Ft. from South
2300 FL from East
Section Line
Section Line
}
APPROVED
KJW
Receipt No. 0462883C
State Engineer
DATE ISSUED rJUI i 9 !
BEEXPIRATIO ATE WI. 19 Zi
Form No.
GW S7,74
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 858-3581
ROBERT M REGULSKI
POBOXg
RIFLE, CO 81650-
(970) 625-2410
PERMIT TO CONSTRUCT A WELL
ISSUANCE OF THS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITION§ 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 this 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 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 18.
3) Approved pursuant to CRS 37-90-137(2) on the condition that this well is operated in accordance with the Robert M.
Regulski Augmentation Plan approved by the Division 5 Water Court In case no. 99CW 176. If this well is not operated in
accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water.
4) Approved for a well on a residential site of 6.68 acre(s) described as lot 4, Riverview Ranch Subdivision, Garfield County.
5) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings,
watering of two head of livestock, and the watering of 100 square feet of home lawns and gardens.
6) The maximum pumping rate of this well shall not exceed 15 GPM.
7) The annual withdrawal of ground water from this well shall not exceed .816 acre-foot.
8) 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 returned to the same stream system in which the well is located.
9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted t: to Division Engineer upon
request.
11) Thls well shall be constructed not more than 200 feet from the location specified on this permit. ectree "�
LIC
WELL PERMIT NUMBER 0S4217 - F-
DiV. 5 WD45 DES. BASiN MD
Lot:
4 Block:
Filing:
Subdiv: RIVERVIEW RANCH
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1/4 SE 1/4 Section 12
Township 6 S Range 92 W Sixth P.M.
DISTANCES FROM SECTION LINES
1600 Ft. from South
2100 Ft. from East
Section Line
Section Line
Permit Expiration Date' Extended to July 19, 2002
AOT 7 -5 -01 -
APPROVED
KJW
State
,,Recept No. 0482883/3
(neer
/'‘//17#4 0001-,
DATE ISSUED JUL 1 9 1000 BY
EXPIRATION TE In
L 1 9 2 1
Form No.
G_ W5
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial BIdg., 1313 Sherman St., Denver, Colorado 80203
(303) 858-3581
ROBERT M REGULSKI
P 0 BOX 9
RIFLE, CO 81650-
(970) 625-2410
PERMIT TO CONSTRUCT A WELL
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RiGHT
CONDITIONS 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 this 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 fn compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Weil Construction and Pump Installation
Contractors in accordance with Rule 18,
3) Approved pursuant to CRS 37-90-137(2) on the condition that this well Is operated in accordance with the Robert M.
Regulski Augmentation Pian approved by the Division 5 Water Court in case no. 99CW176. If this well is not operated in
accordance with the terms of saki decree, it will be subject to administration Including orders to cease diverting water.
4) Approved for a well on a residential site of 7.45 acre(s) described as lot 5, Riverview Ranch Subdivision, Garfield County.
5) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings,
watering of two head of livestock, and the watering of 100 square feet of home lawns and gardens.
8) The maximum pumping rate of this well shall not exceed 15 GPM.
7) The annual withdrawal of ground water from this well shall not exceed .816 acre-foot.
8) The return 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.
9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
10) A totalizing flow meter must be Installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request.
11) This well shall be constructed not more than 200 feet from the location specified on this permit. i/' /'
LIC
WELL PERMIT NUMBER 0542 18 F -
DIV. 5 WD 45 DES. BASIN MD
Lot
513Iock:
Filing:
Subdiv: RIVERViEW RANCH
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 114 SE 114 Section 12
Township 6 S Range 92 W Sixth P.M.
DISTANCES FROM SECTION LINES
1600 Ft. from South
1850 Ft. from East
Section Line
Section Line
Permit Expiration Date Exterided.to July 19',2002:.
AOT 1-5-01
APPROVED
KJW
AL
State Engineet
Receipt No. 0462883E DATE ISSUED
JUL 1 9 tuua
By
EXPIRATION Ei
(4Z4,1
1
Form It, t OFFICE OF THE STATE ENGINEER
GWS- 'COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
t • (303) 866-3581
APPLICAT
ROBERT M REGULSKI
P 0 BOX 9
RIFLE, CO 81650-
(970) 625-2410
P RMtT TO CQN$TRUCT A WELL
LIC
WELL PERMIT NUMBER 054219 -F
DIV. 5 W0 45 DES. BASIN MD
Lot: 6 Block: Filing: Subdly: RIVERVIEW RANCH
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 SE 1/4 Section 12
Township 6 S Range 92 W Sixth P.M.
DISTANCE$ FROM SECTION LINES
850 Ft. from South Section Line
1975 Ft. from East Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RiGHT
CO$QIJIONS 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 thls 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 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 18.
3) Approved pursuant to CRS 37-90-137(2) on the condition that this well Is operated in accordance wlth the Robert M.
Regulskl Augmentation Plan approved by the Division 5 Water Court in case no. 99CW176. If this well is not operated in
accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water.
4) Approved for a well on a residential site of 7.59 acre(s) described as lot 6, Riverview Ranch Subdivision, Garfield County.
5) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings,
watering of two head of livestock, and the watering of 100 square feet of home lawns and gardens.
6) The maximum pumping rate of this well shall not exceed 15 GPM.
7) The annual withdrawal of ground water from this well shall not exceed .816 acre-foot
8) 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 returned to the same stream system In which the well is located.
9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
10) A totalizing flow meter must be Installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annuaiy) ar d scbmittod to tha Division Engineer upon
request.
11) This well shall be constructed not more than 200 feet from the location specified on this panni - )
Permit Expiration Date Extended to July 19, 2002
AOT 7-5-01.
APPROVED
KJW
/144fe
4
Ole
State Engineer g AuL19-2001
,Receipt No. 0462883E DATE ISSUED 'JR 1 9 WOEXPIRATION •ATE
DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO
Case No. 99CW176
RULING OF REFEREE
IN THE MATTER OF THE APPLICATION FOR UNDERGROUND WATER RIGHTS AND
PLAN FOR AUGMENTATION OF:
ROBERT M. REGULSKI
IN GARFIELD COUNTY, COLORADO
The above -entitled Application was filed in September of 1999, and was referred to the
undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of
said Court in accordance with Article 92 of Chapter 37, C.R.S. 1973, known as the Water Right
Determination and Administration Act of 1969.
The undersigned Referee, having made such investigations as are necessary to determine whether
the statements in the Application are true and having become fully advised with respect to the subject
matter of the Application, does hereby make the following Ruling of the Referee in this matter, to -
wit:
1. The statements in the Application are true except as noted herein.
2. Name, address and telephone number of Applicant and Applicant's attorney:
Robert M. Regulski
P. O.Box9
Rifle, Colorado 81650
(970) 625-2410
STUVER & GEORGE, P.C.
Thomas W. Stuver - #1411
Attorneys for Applicant
P.O. Box 907
Rifle, CO 81650
(970) 625-1887
3. Timely and adequate notice of the filing of the Application was given as required by law.
4. No Statements of Opposition to the Application were filed. The time for filing Statements of
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Page 2 Case No. 99CW176 Division 5 Water Court Regulski
Opposition has expired.
5. Applicant requests that the following claims be awarded:
CLAIM NOS. 1 - 6
UNDERGROUND WATER RIGHTS
6. Names of structures: Riverview Ranch Wells Nos. 1 - 6
7. Legal descriptions of points of diversion of the subject wells:
Said wells are located in Section 12, Township 6 South, Range 92 West of the 6th P.M. more
particularly described as follows:
Riverview Ranch Well
Feet From Feet From
South Section Line East Section Line
Riverview Ranch Well No. 1 1600 2800
No. 2 1600 2550
No. 3 1600 2300
No. 4 1600 2100
No. -5 1600 1850
No. 6 850 1975
A-- Source: -The -source ofthe waterfor each well will -be- underground -water -tributaryto-the-
Colorado River.
B. Depth: The depth of each well will be approximately 200 feet.
9. A. Date of appropriation: May 25, 1999
B. How appropriation was initiated: By survey of subdivision and intent to appropriate
groundwater to beneficial use.
C. Date water applied to beneficial use: N/A
10. Amount claimed: 15 gpm (0.033 cfs), conditional for each well
not to exceed 0.816 AF per year
11. Use: Domestic in-house use in two (2) single family dwellings, watering of two head of
livestock and the watering of 100 square feet of home lawns and gardens from each
well
Page 3 Case No. 99CW176 Division 5 Water Court Regulski
12. Name and address of owner of land on which wells will be located: Applicant
CLAIM NO. 7
PLAN FOR AUGMENTATION
13. Names of Structures to be augmented: Riverview Ranch Wells Nos. 1 - 6.
14. Water rights to be used for augmentation:
Applicant has contracted with the Colorado Water Conservation District for one (1) acre foot
of water for full term M&I firm water from Gunsight Pass Reservoir AKA Wolford
Mountain Reservoir as decreed in Case No. 87CW283 for 59,993 AF conditional with an
appropriation date of December 14, 1987, located on Muddy Creek, tributary to the
Colorado River in the NE'/4 of Section 25, Township 2 North, Range 81 West of the 6th P.M.
15. Uses to be augmented:
Applicant will augment the depletions from domestic in-house use in two single family
dwellings, watering of two (2) head of livestock and the irrigation of 100 square feet from
each of the six (6) wells. Total Consumptive Use Depletions in acre feet (AF) from all six
(6) wells will occur as follows:
Month
January
February
March
April
May
June
July
August
September
October
November
December
Total
* Domestic
**
Domestic Irrigation Livestock Total
* Depletions ** Depletions ***Depletions Depletions
12 Dwellings 600 sq ft 12 Head
0.06 0.0022 0.01 0.0722
0.06 0.0022 0.01 0.0722
0.06 0.0022 0.01 0.0722
0.06 0.0022 0.01 0.0722
0.06 0.0022 0.01 0.0722
0.06 0.0022 0.01 0.0722
0.06 0.0022 0.01 0.0722
0.06 0.0022 0.01 0.0722
0.06 0.0022 0.01 0.0722
0.06 0.0022 0.01 0.0722
0.06 0.0022 0.01 0.0722
0.06 0.0022 0.01 0.0722
0.72 0.0264 0.12 0.8664 AF
depletions are based upon an average occupancy of 3.5 persons per
dwelling utilizing 100 gallons per day per person with a septic tank and leech field
with a consumptive use factor of 15%.
Irrigation depletions are based upon an consumptive use of 1.99 AF/A
Page 4 Case No. 99CW176 Division 5 Water Court Regulski
15 gal/sq ft X 600 sq ft = 9000 gal/yr .
Livestock depletions are based upon 11 gallons per day per head with 100% C.U.
The subject wells are expected to be in priority to divert under their own priorities
from October through March of each year. The remaining 0.1336 AF and any
amount of the 1.0 AF contracted for but not needed for augmentation in a particular
month shall be released to the Colorado River to offset carriage losses of needed
augmentation water from Wolford Reservoir to the subject well locations.
16. Total Diversions
Applicant's consultant has determined that the actual diversions associated with the six (6)
wells for each use to be augmented will occur in Acre Feet (AF) as follows:
Month *Irrigation **In House Use ***Livestock Total
600 sq ft 12 Dwellings 12 Head Diversions
January 0.0036 0.3920 0.0123 0.4079
February 0.0036 0.3920 0.0123 0.4079
March 0.0036 0.3920 0.0123 0.4079
April 0.0036 0.3920 0.0123 0.4079
May 0.0036 0.3920 0.0123 0.4079
June 0.0036 0.3920 0.0123 0.4079
July 0.0036 0.3920 0.0123 0.4079
August 0.0036 0.3920 0.0123 0.4079
September 0.0036 0.3920 0.0123 0.4079
October 0.0036 0.3920 0.0123 0.4079
November 0.0036 0.3920 0.0123 0.4079
December 0.0036 0.3920 0.0123 0.4079
Totals 0.0432 4.7040 0.1476 4.8948
Based on 22 gal/sq ft which is 3.0 AF/A distributed equally throughout the year
Based on 350 gal/day/dwelling
Based on 11 gallons/head/day
Description of Plan for Augmentation:
At such times as the subject wells are out -of -priority, releases of water will be made from
Wolford Reservoir to compensate for the consumptive use depletions as described and
tabulated above along with a 10% transit loss.
18. Description of Exchange Reach:
The exchange reach will be to the location where the well depletions influence the
Colorado River.
Page 5 Case No. 99CW176 Division 5 Water Court Regulski
FINDINGS OF THE REtEREE
1 The Referee, having examined the information submitted by the Applicant, and having completed
the investigations necessary to make a determination in this matter, does therefore conclude that the
claims in the above entitled Application should be granted as shown above, SUBJECT, HOWEVER
ITO ALL EARLIER PRIORITY RIGHTS OF OTHERS and to the integration and tabulation by the
Division Engineer of such priorities in accordance with law.
1
Application for Finding of Reasonable Diligence shall be filed in the same month as the decree •
' herein is entered every six years after the entry of the decree herein so long as Applicant desires to
maintain the conditional water rights herein awarded, or until a determination has been made that such
conditional right is made absolute by reason of the completion of the appropriation, or is otherwise
1 disposed of.
The Plan for Augmentation requested will not injuriously affect the owners of or person entitled
' to use water under a vested water right or a decreed conditional water right, and this plan for
augmentation is approved in accordance with C.R.S. 37-92-305)3).
1 Pursuant to C.R.S. 37-92-305(8), The State Engineer and the Division Engineer may lawfully be
required under the terms of this Ruling to curtail all out -of -priority diversions from Applicant's wells
at any time when the consumptive use associated with Applicant's diversions exceed the net
1 amount of replacement water available under this plan for augmentation.
' Applicant shall develop a monthly accounting form satisfactory to the Division Engineer and shall
keep a monthly accounting of diversion and depletions as required by the Division Engineer.
Applicant shall be responsible for filing an annual report with the Division Engineer by November 15t
' of each year summarizing diversion and replacements made under this plan.
Applicant shall install such measuring devices, provide accounting and supply calculations
regarding the timing of depletions as may be required by the Division Engineer to facilitate the
' operation of this plan for augmentation and assure compliance herewith.
The State Engineer's Office shall issue a well permit for each of the subject wells pursuant to all
of the provisions of this Ruling and provided Applicant submits a copy of the approved water
allotment contract from the Colorado River Water Conservation District for 1.0 acre foot of water
from Wolford Mountain Reservoir.
The Applicant shall establish a homeowner's association or similar entity which shall be
1 responsible for ensuring that the terms and conditions of this Ruling are met.
1
Page 6 Case No. 99CW176 Division 5 Water Court Regulski
It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial
Review.
It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division
Engineer and the State Engineer.
Dated Mil. A(>60
Copy of the foregoi mailed to all
Counsel of recor JVate
Referee, ---Div. Eineer---ari.
State Engineer- Date S�
Deputy CI.Ac. Woe, C. No 5
Stuver
BY THE REFEREE:
Wa - r ' eferee
Water Division No. 5
State of Colorado
a>
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: provided however, that the approval
of this Plan for Augmentation shall be subject to reconsideration by the Water Judge on the question
of injury to the vested rights of others during any hearing commencing within a period of five (5)
years after 75% build -out of the development. THE MONTH FOR FILING AN APPLICATION
FOR A FINDING OF REASONABLE DILIGENCE SHALL BE
Dated :��/ �
Water Judge
COMBINED COURT OF GARFIELD COUNTY
GLENWOOD SPRINGS, COLORADO
Certified to be a full, true and correct copy of the
origina '. cdstod
Dated ;�� i�U �; c . 1
..�tSINSIR
� - -
il� Deputy
CONTRACT #CW00004
WATER SUPPLY CONTRACT
This Contract is made between the Colorado River Water Conservation District (herein the
"River District"), a political subdivision of the State of Colorado acting by and through its Colorado
River Water Projects Enterprise, and Robert M. Regulski (herein "Contractor") effective as of the
date of the River District's execution hereof indicated below.
Recitals
A. The River District is authorized to contract to deliver water for beneficial use from
River District water projects pursuant to provisions of C.R.S. § 37-46-101, et seq., (herein "River
District Organic Act").
B. The River District is the owner and operator of the Wolford Mountain Reservoir
Project located on the Muddy Creek drainage near Kremmling, Colorado, having obtained necessary
decrees from the District Court in and for Colorado Water Division No. 5 (herein "Water Court")
and permits from governmental agencies and the River District will be entitled to deliveries of water
from Ruedi Reservoir under its anticipated Contract with the U.S. Bureau of Reclamation.
C. The River District's Board of Directors has adopted a Water Marketing Policy by
Motion dated December 1, 1995 and revised July 22, 1998, January 20, 1999, and October 20, 1999
to provide for the use of water available from the River District's sources of supply pursuant to
contracts, and that Water Marketing Policy is to be implemented through the River District's Water
Projects Enterprise.
D. Contractor has a need for water service, demonstrated in its submittals to the River
District pursuant to the Water Marketing Policy's contracting process, in the amount of one (1) acre
foot annually for municipal and industrial purposes which beneficial uses will be accomplished by
Contractor in the vicinity of Rifle, Colorado by ground diversions from or within the Colorado River
drainage.
E. Contractor has reviewed the Water Marketing Policy and is aware of the "Hydrology
Assumptions" which are part of that Policy and is satisfied, based on its review and investigations,
that Contractor legally and physically can make use for its intended purposes of the Contracted
Water which is the subject of this Contract and that such use will comply with the Water Marketing
Policy and the Project's permits and decrees.
ro
Definitions
In this Contract certain teims will have definitions as stated below:
• The "River District" means the Colorado River Water Conservation District created
and existing pursuant to the River District Organic Act defined in Recital No. 1 and
acting by and through its Colorado River Water Projects Enterprise which is currently
described and memorialized in the Resolution of the Colorado River Water
Conservation District's Board of Directors dated October 19, 1999.
• The "Project means the River District's "Colorado River Supply" from Wolford
Mountain Reservoir, for which storage water right decrees were obtained by the
River District in Cases No. 87CW283 and 95CW281, District Court for Colorado
Water Division No. 5, and for which additional storage water right decrees may be
obtained in the future by the River District in Case No. 98CW237 or other cases; and
the River District's anticipated contractual right to water deliveries from Ruedi
Reservoir.
• "Agricultural" means the use of water for commercial production of agricultural
crops and livestock and other uses consistent with any with right decreed for
irrigation purposes, which uses are made on a parcel of land of at least ten acres.
• "Municipal and Industrial" means the use of water by individuals, cities, towns,
public or quasi -public districts, private corporations, homeowners associations, or
other entities for domestic, municipal, and miscellaneous related purposes as those
terms are traditionally and commonly construed, including the use of water for
purposes of producing or processing a nonagricultural product or service for sale,
including without limitation, such uses as manufacturing, mining, milling, land
reclamation, golf course irrigation, snowmaking, and nonhydroelectric power
generation; and including the use of water for environmental mitigation purposes
associated with such uses; but excepting the agricultural use of water defined herein.
• "Contracted Water" means the water which is the subject of this Contract which is
to be released and delivered by the River District and used by Contractor. The
Contracted Water is one (1) acre foot of Colorado River supply available during each
Project Year during the term of this Contract, subject to the provisions hereof, for
Contractor's use without right of carryover of any amount not used in any Project
Year.
• "Project Year" means a period of time from July 1 through and including the
subsequent June 30.
• "Water Marketing Policy" means the River District's policy statement dated
December 1, 1995 as the same was revised on July 22, 1998, January 20, 1999, and
October 20, 1999 and may be amended in the future.
• "Project Hydrology Assumptions" or "Hydrology Assumptions" means the document
attached as Appendix "A" to the Water Marketing Policy adopted on December 1,
1995.
Agreements
The foregoing Recitals and Definitions are incorporated herein as agreements between the
River District and Contractor.
1. River District Water Delivery Obligations and Responsibilities.
a. Delivery. The River District will deliver the Contracted Water at the outlet works
of the Contracted Water's sources of supply into the receiving natural streams in
quantities provided herein. Unless otherwise agreed to by the River District's
General Manager based upon written request of Contractor, the River District will
make releases for Contractor, based upon Contractor's written schedule of anticipated
demand, adjusted as necessary by the ongoing status of river administration vis-a-vis
the priority status of Contractor's diversions. Contractor shall be solely responsible
after delivery for the legal and physical delivery and use of the Contracted Water.
b. Delivery Contingencies. The River District's delivery of Contracted Water shall be
subject to Contractor's payments pursuant to paragraph 3 below and the provisions
for curtailment of deliveries in paragraph 5 below.
c. Water Measurements. The River District shall measure at the outlet works of the
Contracted Water's sources of supply all Contracted Water delivered from the
account of Contractor and shall notify the Division Engineer of Colorado Water
Division No. 5 of the date, time, amount of release of Contracted Water released and
delivered pursuant to this Contract. Copies of such records shall be provided to
Contractor upon its request therefor.
d. Water Quality. The River District shall have no obligation to Contractor or any other
person regarding and makes no warranties or representations to Contractor
concerning the quality of Contracted Water delivered pursuant to this Contract by
releases of raw water to natural streams.
e. Maintenance of Facilities. The River District shall use its best efforts to maintain in
good working condition the water storage and release facilities of the Contracted
Water.
-3-
f. Withholding of Delivery. The River District may withhold deliveries of Contracted
Water in the event of Contractor's nonpayment for Contracted Water or any other
breach of this Contract by Contractor. Such remedy shall not be the River District's
exclusive remedy in the event of any such breach.
Delivery from Alternate Source. The River District reserves the right to provide all
or any of the Contracted Water to Contractor from alternate reservoirs for
Contractor's use hereunder, provided that any such alternate releases shall not
diminish the supply of Contracted Water or impair Contractor's legal or physical
ability to make use of Contracted Water or to meet its obligations under any judicial
or administrative approval described in paragraph 2.d.
g.
2. Contractor's Water Use Obligations and Responsibilities.
a. Scheduling of Use. Contractor shall provide has provided the River District a
preliminary written schedule of its anticipated monthly demands for Contracted
Water during the upcoming Project Year on or before June 1 annually. The schedule
provided by Contractor in its application for this Contract shall serve as the schedule
to be used until it is modified in a written notice given by Contractor to the River
District or as necessary in response to river administration of the Contractor's
diversions. The schedule shall identify the volume of any Contracted Water
anticipated by Contractor not to be needed by it during any particular Project Year.
The Contractor shall update said schedule periodically during the Project Year as
conditions require and give the River District written notice of all such revisions.
b. Carriage Losses. Contractor shall bear carriage losses, either five percent of delivery
or such other amount as is determined by the Division Engineer for Colorado Water
Division No. 5, from the point of delivery of Contracted Water to Contractor's
point(s) of use and/or exchange or augmentation.
c. Use Per Contract and Law. Contractor's use of Contracted Water shall in all
instances be in accordance with the terms of this Contract and the Water Marketing
Policy and in accordance with Colorado law concerning water rights and water use
and all decrees related to the Contracted Water. Contractor is not authorized to apply
for or secure any change in the water rights for or associated with any of the sources
of supply of the Contracted Water.
d. Legal Approvals. Contractor shall at its sole expense adjudicate a plan or plans for
augmentation or exchange and/or secure administrative approvals of any temporary
substitute supply plans which are needed for Contractor to use its Contracted Water.
Contractor already had filed such an application in Water Court Case No. 99CW176.
If Contractor intends to make any such applications for any augmentation or
exchange plan(s) or substitute supply plan(s), Contractor shall submit the proposed
-4-
application to the River District at least 30 days before Contractor proposes to file
such application. The River District shall review for written approval such
applications before they are submitted or filed, and the River District's approval shall
not be unreasonably withheld. The River District may in its discretion become a co -
applicant in the prosecution of any such applications for the purpose of protecting its
water rights and related policies. Contractor shall cause to be included in any final
decree of the Water Court a provision conditioning Contractor's use of the
Contracted Water on the existence of a River District contract.
e. Limitation on Disposition. Contractor shall not sublet, sell, donate, loan or otherwise
dispose of any of its rights to this Contract or to Contracted Water without written
notice to and the prior written approval of the River District. The River District's
approval of such disposition shall be granted in all instances in which the Contractor
is transferring the water system which supplies the Contracted Water, or a permanent
transfer of the Contract is to be made to a successor in interest of Contractor by
reason of the transfer of the title or other legal right to use the property served by the
Contracted Water, or where the transfer is made to an entity such as a homeowners'
association or special district created to serve the property originally represented to
the River District to be served with the Contracted Water.
f. Contractor's Water Rates. Contractor may charge its water customers who are
supplied with Contracted Water such rates and charges as are permitted by Colorado
law.
g -
Accounting of Use. Contractor shall maintain an accounting of its use of all water
used or supplied by Contractor on form(s) acceptable to the River District specifically
for the purpose of enabling the River District to prove the use of River District
Project water rights and to administer and operate the Project and water right decrees
and/or administrative approvals related to Contractor's use of Contracted Water.
Contractor shall submit its accounting forms and records to the River District
promptly upon request and shall assist the River District as it may reasonably request
in presenting and/or verifying such evidence of use in court or before administrative
agencies by testimony of Contractor or its authorized and informed officers or agents.
3. Contractor's Payments. With its application, Contractor has paid to the River District
$750.00 for the one (1) acre foot of Contracted Water. On or before each anniversary date
of this Contract, Contractor shall pay the River District $20.00 for the one (1) acre foot of
Contracted Water, which amount represents Project Operation and Maintenance ("O&M").
The annual O&M payment of Contractor shall be adjusted on April 1, 2003 and every five
years thereafter based on the cumulative change in the Boulder -Denver Consumer Price
Index ("All Items").
-5-
4. Contract Term.
a. Subject to the provisions of subparagraph 6.b below, the initial terms of this Contract
shall be for a period of forty (40) years from the date of the execution of this
Contract.
b. Upon the completion of the initial teiiu and subject to the provisions of subparagraph
6.b below, Contractor shall have the right to renew this Contract for a secondary term
of thirty-five (35) years, which shall commence upon the expiration of the initial
term. If Contractor desires to so renew this Contract, it shall provide the River
District written notice of its intention to do so at least ninety (90) days prior to the
expiration of the initial term of this Contract. Thereafter, and prior to the expiration
of the initial term, the River District and Contractor shall execute a supplemental
agreement of renewal in a form mutually acceptable to the River District and
Contractor. If such notice of intention to renew is not provided and such
supplemental agreement is not executed, no renewal term shall commence.
c. Upon renewal, the following teiuis of this Contract shall be subject to renegotiation:
(1) The charge for and adjustment of operation and maintenance may be
increased or modified based upon the adequacy of the charge and its
modification under this Contract to cover the River District's operation and
maintenance costs actually experienced during the initial term.
(2) The need or appropriateness of any conservation plan concerning
Contractor's use of Contracted Water as determined by the River District.
5. Water Shortage. In the event that the River District is unable, because of either legal or
physical reasons, to deliver any or all of the full amount of water contracted from the Project,
including the Contracted Water, the River District reserves the right to apportion the Project's
available water among its several contractors, including Contractor, in the manner provided in
Section 6 of the Water Marketing Policy.
6. Contract Termination.
a. Termination by River District.
(1) The River District may terminate this Contract for any violation or breach of
the terms of this Contract by Contractor, including Contractor's failure to pay
timely any sum or amount due under this Contract within 30 days after
receiving written notice from the River District of such breach.
-6-
(2) The River District also may terminate this Contract if, in its discretion any
judicial or administrative proceedings initiated by Contractor as contemplated
in subparagraph 2.d above, threaten the River District's authority to contract
for delivery of Project Water or the River District's water rights, permits, or
other interests associated with the Project.
(3)
The River District may teiniinate this Contract if its legal ability to deliver
Contracted Water is materially impaired or is eliminated because of the
termination or adverse modification of permits, decrees or other
authorizations which are needed to deliver the Contracted Water.
b. Adjustment of Payments: If the River District terminates this Contract under
subparagraph 6.(a)(2) or (3), it shall repay to Contractor a portion of the Contractor's
payment which represents the pro rata amount of the remaining term of the Contract
(40 years or 35 years).
c. Notice of Termination to Affected Officials. The River District will notify the
Division Engineer and any other appropriate governmental officials of any full or
partial contract termination.
7. Miscellaneous/Standard Provisions.
a. Notices.
(1)
All notices required or appropriate under or pursuant to this Contract shall be
given in writing mailed or delivered to the parties at the following addresses:
River District:
Colorado River Water Conservation District
P. O. Box 1120
201 Centennial Street, Suite 204
Glenwood Springs, Colorado 81602
Attention: Secretary / General Manager
-7-
Contractor:
Robert M. Regulski
P. 0. Box 9
Rifle, Colorado 81650
with a copy to Thomas W. Stuver, Esq.
Stuver & George, P. C.
P. O. Box 907
Rifle, Colorado 81650
(2) Either party may, by written notice given in accordance with this provision,
change the address to which notices to it shall be mailed or delivered.
b. Nondiscrimination. Contractor shall not discriminate in the availability or charges
for any water service or water supply made available pursuant to or based upon the
Contracted Water on account of race, color, religion, or national origin or any other
criteria prohibited under state or federal law.
c. Amendments. No amendment, modification, or novation of this contract or its
provisions and implementation shall be effective unless documented in writing which
is approved and executed by both parties with the same formality as they have
approved and executed this Contract.
-8-
DA'Z'E: q z — 2�(9'
ATTEST:
P22 -LO C__
Richard Eric Kuhn
Secretary / General Manager
COLORADO RIVER WATER
CONSERVATION DISTRICT
acting by and through its
Colorado River Water Projects
Enterprise
Paul J. i, President
CONTRACTOR
1
VERIFICATION
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing Water Supply Contract was subscribed and sworn to before me by Paul J.Ohri
as President of the Colorado River Water Conservation District, acting by and through its Colorado
River Water Projects Enterprise this ,.. 6-1 day of e ms-- 2000.
Witness my hand and official seal.
My Commission Expires:
STA' h OF COLORADO )
) ss.
COUNTY OF GARFIELD )
Tary Public
MY COMMISSION EXPIRES
APRIL 1, 2003
The foregoing Water Supply Contract was subscribed and sworn to before me by Richard
Eric Kuhn, as Secretary / General Manager, of the Colorado River Water Conservation District,
acting by and through its Colorado River Water Projects Enterprise this 3 day of
2000.
Witness my hand and official seal.
My Commission Expires: MY COMMISSION EXPIRES
APRIL 1, 2003
-10-
STA'1F OF COLORADO )
COUNTY OF GARFIELD )
ss.
The foregoing Water Supply Contract was subscribed and sworn to before me by Robert M.
2000.
1 Regulski this 4 day of a',et
1 Witness my hand and official seal.
1
1 My Commission Expires: 17 -2 -U.2 -07---A
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Notary Public
1 „HNC
1 GRAND JUNCTION LAO#ATORftS
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Recieved from:
435 NORTH AVENUE • PHONE 242-7618 • GRAND JUNCTION, COLORADO 81501
none
ANALYTICAL REPORT
Samuelson Pump Co., Raurl Samuelson
PO Box 297
Glenwood Springs, CO 81602
FAX: (970)947-9448
2156
water
Customer No. Laboratory No. Sample
10/19/99 11/1/99
Date Received Date Reported
Lab number 2156 Limits for Drinking Suggested
Sample ID Bob Regui skki Well by Colo. Dept. Health
Arsenic(As)
Barium(Ba)
Cadmium(Cd)
Chromium(Cr)
Fluoride(F)
Lead(Pb)
Mercury(Hg)
Nitrate(N)
Selenium(Se)
81iver(Ag)
Color(Co/Pt unit)
PH
Conductivity@25 deg. C
Sodium(Na)
Calcium (Ca)
Magnesium(My)
Potassium(K)
Chloride(C1)
Sulfate(SO4)
Phenol. Alkalinity (CaCO3)
Total Alkalinity(CaCO3)
Bicarbonate(HCO3)
Carbonate(CO3)
Dissolved Solids
Hardness (CaCO3)
Turbidity(NTU)
Boron(B)
Copper(Cu)
Iron (Fe)
Manganese(Mn)
Molybdenum(Mo)
Ammania(N)
Phosphate(P)
Zinc(Zn)
Total Coliform Bacteria
0.000 mg/1
0.10 mg/1
0. 0000 mg/1
0. 000 mg/1
0.64 mg/1
0. 008 mg/1
0.000C)0 mg/1
1.25 mg/1
0.00>2 mg/1
0.0000 mg/1
0
7.55
1280 umhos/cm
90.3 mg/1
97 mg/1
51 mg/1
3.9 mg/1
24 mg/1
120 mg/1
O mg/1
484 mg/1
586 mg/1
O mg/1
899 mg/1
450 mg/1
11
0.000 mg/1
0.005 mg/1
0.49 mg/1
0.010 mg/1
0.001 mg/1
0.00 mg/1
0.02 mg/1
0.008 mg/1
O col/100m1
0.05 mg/1
1.0 mg/1
0.01 mg/1
0.05 mg/1
4 mg/1
0.015 mg/1
0.002 mg/1
10.0 mg/1
0.01 mg/1
0.05 mg/1
no limit
no limit
no limit
20 mg/1
no limit
125 mg/I
no limit
250 mg/1
250 mg/1
no limit
no limit
no limit
no limit
500 mg/1
200 mg/1
1
no limit
1.0 mg/1
0.3 mg/1
0.05 mg/1
no limit
-no limit
no limit
5.0 mg/1
0 col/100m1
See notes, next page Lab Dir.: Brian S. Bauer
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JOHN C. KEPHIA'RT & CO.
GAND JUNCTION LABORATOR[ES
435 NORTH AVENUE • PHONE (970) 242-7618 • FAX 243-7235 • GRAND JUNCTION. COLORADO 81501
NOTES on sample # 2156 Bob Regulski Well
Your water tests show levels exceeding drinking water limit for:
Sodium: This may be of concern to those severely restricting salt
intake. For every liter of water consumed, 90.3 milligrams of Sodium
are consumed. An adult daily intake of Sodium is around 3,000 milligrams,
for reference.
Dissolved Solids: This is a reading of the overall mineral salt content
of the water. The major constituent in this sample is Alkalinity, which
is not considered harmful itself. Other significant contributor -s in
this sample are Sodium, Calcium and Sulfate.
Hardness: Not considered harmful for drinking, Hardness can cause
inconvenience in household use, such as lessening the effectiveness of
soap, and mineral buildup in water heaters and other appliances can
be costly.
Turbidity: The cloudiness of the water; this may be greatly improved
with filtration and settling. Public waters must meet the limit
1.0 NTU.
Iron: This is not considered harmful to drink, but can cause stains in
laundry and on surfaces.
SAMUELSON PUMP CO. INC.
P.O. BOX 297 WATER SYSTEMS
GLENWOOD SPRINGS SALES, SERVICE & INSTALLATION
COLORADO 81602 945-6309
October 26, 1999
Bob Regulski
P.O. Box 9
Rifle, Co. 81650
Attn: Bob
On October 7, 1999 a well test was conducted on a new well on the
Regulski property. The following information was obtained;
Well Depth 100'-0"
Casing size (top) 7" (steel)
Standing water level 65'-3"
Total test time 5 hrs.
Drawdown @ 33 gpm. 68'-4"
Production is greater than 33 gpm.
This test was conducted with a 1 1/2 hp. Gouls test pump Model
25GS15. The well recovered back to 65'-3 1/2" in 10 min. If you have any
questions please call me, Raun Samuelson at 945-6309.
Sincerely;
7-1
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Raun Samuelson
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Owner's within 200 feet of Regulski Properties
Brad Lee Mollman & Diana Ruth Mollman
0150 Mid Valley Drive
Silt, CO 81652
2179-124-00-459 ✓
William C. Bradford & Roanne Bradford
71 Mid Valley Drive
New Castle, CO 81647
2179-124-00-508 v
Robert M. Regulski
45 Mid Valley Drive
New Castle, CO 81647
2177-124-00-294 & 2179-123-00-295 -
Pamela Lauman and Paul S. Lauman
597 County Road 335
New Castle, CO 81647
2177-124-00-432 ,--
Todd D. Collins & Tina Collins
66 Mid Valley Drive
New Castle, CO 81647
2177-124-00-509 ,�
The Nicholson Family Trust, LLC
0029 335 Road
New Castle, CO 81647
2179-123-00-377 V
United States of America
2764 Compass Drive, Suite #106
Grand Junction, CO 81506
2179-121-00-148 2179-122-00-351/
Brit C. Mclin & Sharon T. Mclin
P.O. Box 957
Silt, CO 81652
2179-131-00-554 ,*
Bobby R. McPherson & Sandra McPherson
2065 County Road 311
New Castle, CO 81647
2179-123-00-536 & 2179-123-00-533v
Janet Frei
775 County Road 335
New Castle, CO 81647
2181-073-00-259 :,-
Bobby McPherson & Jennifer McPherson
2299 County Road 311
New Castle, CO 81647
2179-123-00-534 v
Jeffrey S. Simonson & Brenda Simonson
2045 County Road 311
New Castle, CO 81647
2179-123-00-339 , -
Frederick Long & Jeanne Muttillo-Long
P.O. Box 934
New Castle, CO 81647
2179-123-00-376 L/
Brent Lewis Peterson & Sandra Hannigan
P.O. Box 965
New Castle, CO 81647
2179-122-00-350 & 2179-121-00-150
v
Effective Date: October 10, 2005
ejail\ ucvlzl q, aoO Co
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MINERAL OWNERS AND LESSEES OF RECORD
ROBERT M. REGULSKI
P.O. Box 9
Rifle, CO 81650
LENO B. MONTOVER
1914 County Road 311
New Castle, CO 81647
LVM, LLC.
P.O. Box 1341
Glenwood Springs, CO 81602
EDITH A. GOLDMAN
368 231 Road
Silt, CO 81652
ANTERO RESOURCES II CORPORATION
1625 17TH Street, Suite 300
Denver, CO 80202
APOLLO ENERGY, LLC
1557 Ogden Street, suite 300
Denver, CO 80218
k..
RIFLE AREA, COLORADO 25
harvesting. The low available water capacity affects sur-
vival of seedlings.
Mule deer, snowshoe hare, and some blue grouse find
habitat on this soil.
Community development is severely limited by shallow
depth to bedrock and very steep slopes.
This soil is in capability subclass Vile, nonirrigated.
38—Irigul-Starman channery loams, 5 to 50 per-
cent slopes. This complex is on ridge crests and moun-
tainsides. Elevation ranges from 7,800 to 9,000 feet. The
soils formed in residuum from sandstone and marlstone.
The average annual precipitation is about 20 inches, the
average annual air temperature is about 40 degrees F,
and the average frost -free period is Tess than 75 days.
The Irigul soil makes up about 55 percent of the unit,
and the Starman soil makes up about 30 percent. The
Irigul soil is on mountainsides and the less windswept
parts of the landscape, and the Starman soil is on ridge
crests.
The Irigul soil is shallow and well drained. Typically,
the surface layer is grayish brown channery loam about
6 inches thick. The underlying material is yellowish
brown extremely channery sandy clay loam about 11
inches thick. Hard, fractured sandstone is at a depth of
17 inches.
Permeability of the Irigul soil is moderate, and availa-
ble water capacity is very low. Effective rooting depth is
10 to 20 inches. Surface runoff is medium, and the
erosion hazard is slight.
The Starman soil is shallow and well drained. Typical-
ly, the surface layer is brown, calcareous channery loam
about 3 inches thick. The underlying material is very pale
brown, strongly calcareous extremely channery loam.
Bedrock is at a depth of 13 inches.
Permeability of the Starman soil is moderate, and
available water capacity is very low. Effective rooting
depth is about 10 to 20 inches. Surface runoff is
medium, and the erosion hazard is slight.
Included with these soils in mapping are small areas of
Parachute soils in small depressions. These areas make
up about 5 to 15 percent of the map unit.
These soils are used mainly for limited grazing and
wildlife habitat.
The native vegetation on the Irigul soil is mainly
wheatgrass, bluegrass, mountainmahogany, and service -
berry. The native vegetation on the Starman soil is
mainly wheatgrass, penstemon, goldenweed, and buck-
wheat.
When range condition deteriorates, forbs and low
growing shrubs increase. Properly managing grazing
maintains and improves range condition.
Mule deer, wild horses, snowshoe hare, and blue
grouse find habitat on these soils.
Community development is limited by steep slopes
and shallow depth to rock.
This complex is in capability subclass Vile, nonirrigat-
ed.
39—Jerry loam, 12 to 50 percent slopes. This deep,
well drained, strongly sloping to steep soil is on moun-
tainsides. Elevation ranges from 7,000 to 9,500 feet. This
soil formed in alluvium derived from sandstone, shale,
and basalt. The average annual precipitation is about 20
inches, the average annual air temperature is about 41
degrees F, and the average frost -free period is less than
75 days.
Typically, the surface layer is dark grayish brown loam
about 3 inches thick. The subsoil is yellowish brown and
Tight brown cobbly clay loam about 37 inches thick. The
substratum is light brown cobbly clay to a depth of 60
inches.
Included with this soil in mapping are small areas of
Tanna and Dollard soils at lower elevations. These areas
make up 5 to 10 percent of the map unit.
Permeability is slow, and available water capacity is
high. Effective rooting depth is 60 inches or more. Sur-
face runoff is slow, and the erosion hazard is moderate.
This soil is used mainly for limited grazing and wildlife
habitat.
The native vegetation on this soil is mainly Gambel
oak, bromes, and elk sedge.
When range is in poor condition, Kentucky bluegrass,
undesirable weeds, and annual plants are numerous.
Properly managing grazing maintains and improves
range condition.
Mule deer, elk, blue grouse, gray squirrel, and wild
turkey find habitat on these soils.
Community development is limited by high shrink -swell
potential, steep slopes, and low strength. Building sites
and roads need good drainage. This soil slumps when
saturated or if cut deep.
This soil is in capability subclass Vile, nonirrigated.
40—Kim loam, 3 to 6 percent slopes. This deep,
well drained, gently to sloping soil is on alluvial fans and
benches. Elevation ranges from 5,000 to 6,000 feet. This
soil formed in alluvium derived from shale and sand-
stone. The average annual precipitation is about 12
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 yellowish brown or light
yellowish brown loam about 17 inches thick. The under-
lying material is light brownish gray loam to a depth of
60 inches. In places the underlying material is stratified
with fine sandy loam.
Included with this soil in mapping are small areas of
Arvada and Olney soils that have slopes of 3 to 6 per-
cent. These areas make up 5 to 15 percent of the map
unit.
Permeability is moderate, and available water capacity
is high. Effective rooting depth is 60 inches or more.
26
Surface runoff is slow, and the erosion hazard is moder-
ate.
This soil is used mainly for crops, hay, and pasture.
Alfalfa, small grains, and grass or grass -legume mixtures
are grown.
This soil is irrigated by flooding or furrows. Sprinklers
are also suitable. Drop structures in ditches control water
and prevent excessive ditch erosion.
The native vegetation on this soil is mainly wheat -
grasses, 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.
Cottontail rabbit, ground squirrel, and pheasant find
habitat on this soil.
Use of this soil for community development and as a
source of construction material is limited by low strength.
This soil is in capability subclasses Ille, irrigated, and
IVc, nonirrigated.
41—Kim loam, 6 to 12 percent slopes. This deep,
well drained, moderately sloping to rolling soil is on allu-
vial fans and benches. Elevation ranges from 5,000 to
6,000 feet. This soil formed in alluvium derived from
shale and sandstone. The average annual precipitation is
about 12 inches, the average annual air temperature is
about 48 degrees F, and the average frost -free period is
about 125 days.
Typically, the surface layer is yellowish brown or Tight
yellowish brown loam about 17 inches thick. The under-
lying material is light brownish gray loam to a depth of
60 inches. In places the underlying material is stratified
with fine sandy loam.
Included with this soil in mapping are small areas of
Arvada and Potts soils that have slopes of 6 to 12
percent. These areas make up 5 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 crops, hay, and pasture.
Alfalfa, small grains, and grass or grass -legume mixtures
are grown.
This soil is irrigated by flooding and furrows. Sprinklers
are also suitable. Drop structures in irrigation ditches
control water and prevent excessive ditch erosion. Keep-
ing the soil in hay or pasture at least three-fourths of the
time helps to control erosion.
The native vegetation on this soil is mainly wheat -
grass, needleandthread, and sagebrush.
SOIL SURVEY
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.
Cottontail rabbit, ground squirrel, and pheasant find
habitat on this soil.
Use of this soil for community development and as a
source of construction material is limited by low strength
and steep slopes.
This soil is in capability subclasses IVe, irrigated, and
Vle, nonirrigated.
42—Lamphier loam, 15 to 50 percent slopes. This
deep, well drained, steep soil is on fans and mountain-
sides. Elevation ranges from 7,500 to 10,000 feet. This
soil formed in residuum from sandstone and shale. The
average annual precipitation is about 21 inches, the
average annual air temperature is about 40 degrees F,
and the frost -free period is less than 75 days.
Typically, the surface layer is dark brown loam about
30 inches thick. The underlying material is reddish brown
and dark reddish brown loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Almy soils and Rock outcrop. The Almy soils are at
lower elevations. These areas make up 5 to 10 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 slight.
This soil is used mainly for grazing, wildlife habitat, and
recreation.
The native vegetation is aspen and an understory of
bromes, elk sedge, wildrye, wheatgrass, peavine, colum-
bine, snowberry, serviceberry, and chokecherry.
When the understory vegetation deteriorates, forbs,
shrubs, and Kentucky bluegrass increase. Properly man-
aging grazing maintains and improves the understory
vegetation.
This soil is suited to production of quaking aspen. It
can produce 4,050 cubic feet of wood per acre or 6,800
board feet of timber from a fully stocked, even -aged
stand of 80 -year-old trees. At the present there is no
commercial harvest of the aspen. Steep slopes affect
harvesting, and special attention is needed to reduce soil
loss during harvest.
Mule deer, elk, blue grouse, and snowshoe rabbit find
habitat on this soil.
Septic tank filter fields, community development, and
roads are limited by steep slopes. Surface runoff from
snowmelt increases the erosion hazard on cuts and fills.
Seeding reduces the erosion hazard. Roads can be de-
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RIFLE AREA, COLORADO
Permeability of the Potts soil is moderate, and availa-
ble water capacity is high. Effective rooting depth is 60
I inches or more. Surface runoff is slow, and the erosion
hazard is moderate.
The Ildefonso soil is deep and well drained. Typically,
Ithe surface layer is brown stony loam about 8 inches
thick. The underlying material is white, calcareous very
stony loam that extends to a depth of 60 inches.
IPermeability of the Ildefonso soil is moderately rapid,
and available water capacity is low. Effective rooting
depth is about 60 inches. Surface runoff is slow, and the
erosion hazard is moderate.
Included with this soil in mapping are small areas of
!� Olney and Kim soils that have slopes of 3 to 12 percent.
These areas make up 5 to 15 percent of the map unit.
These soils are used mainly for limited grazing and
Iwildlife habitat.
The native vegetation on the Potts soil is mainly
wheatgrass, needleandthread, and sagebrush. The
Inative vegetation on the Ildefonso soil is mainly pinyon
and Utah juniper and an understory of Indian ricegrass,
wheatgrass, junegrass, serviceberry, bitterbrush, and sa-
gebrush.
IWhen the understory vegetation deteriorates, grasses
almost disappear and forbs and shrubs increase. Proper-
ly managing grazing maintains and improves range con
dition on both soils. Seeding improves range on the
Potts soil if it is in poor condition. Crested wheatgrass,
western wheatgrass, and Russian wildrye are suitable for
seeding. Preparing a seedbed and drilling the seed are
good practices. Reducing brush on the Potts soil im-
proves the range. Properly managing the vegetation on
the Ildefonso soil maintains wood production and graz-
ing. Selectively thinning pinyon and juniper improves
grazing and provides firewood, posts, and Christmas
trees.
The Ildefonso soil is suited to production of pinyon and
Utah juniper. It can produce 9 cords of wood per acre
when trees more than 4.5 feet tall reach an average
diameter (at one foot) of 5 inches. The low available
water capacity affects survival of tree seedlings.
Mule deer, wild turkey, chukar, gray squirrel, cottontail
‚I'
rabbit, and some pheasant find habitat on these soils.
Community development is limited on the Potts soil by
low strength, shrink -swell potential, and slope. Communi-
;. ty development is limited on the Ildefonso soil by steep
slopes.
This complex is in capability subclass Vle, nonirrigated.
58—Potts-Ildefonso complex, 12 to 25 percent
slopes. These strongly sloping to hilly soils are on
mesas, alluvial fans, 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 aver-
t
age annual precipitation is about 14 inches, the average
33
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 this unit,
and the Ildefonso soil makes up about 30 percent. The
Potts soil is in slightly concave positions, and the Ilde-
fonso 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 to a depth of 60
inches.
Permeability of the Potts soil is moderate, and availa-
ble water capacity is high. Effective rooting depth is 60
inches or more. Surface runoff is medium, and the ero-
sion hazard is moderate.
The Ildefonso soil is deep and well drained. Typically,
the surface layer is brown stony loam about 8 inches
thick. The underlying material is white, calcareous very
stony loam to a depth of 60 inches.
Permeability of the Ildefonso soil is moderately rapid,
and available water capacity is low. Effective rooting
depth is about 60 inches. Surface runoff is medium, and
the erosion hazard is moderate.
Included with this soil in mapping are small areas of
Morval and Lazear soils. The Morval soils are at the
higher elevations. The Lazear soils are shallow and are
on ridge crests and steep mountainsides. These areas
make up 10 to 18 percent of the map unit.
These soils are used mainly for limited grazing and
wildlife habitat.
The native vegetation on the Potts soil is mainly
wheatgrass, needleandthread, and sagebrush. The
native vegetation on the Ildefonso soil is mainly pinyon
and Utah juniper and an understory of Indian ricegrass,
wheatgrass, junegrass, serviceberry, bitterbrush, and sa-
gebrush.
When the understory vegetation deteriorates, grasses
almost disappear and forbs and shrubs increase. Proper-
ly managing grazing maintains and improves range con-
dition on both soils. Seeding improves range in poor
condition in less sloping areas of the Potts soil. Blue -
bunch wheatgrass, western wheatgrass, and need-
leandthread are suitable for seeding. Preparing the
seedbed and drilling the seed are good practices. Con-
trolling brush on the Potts soil improves range that is
producing more shrubs than are normally found in the
potential plant community. Properly managing the under -
story vegetation on the Ildefonso soil maintains wood
production and grazing. Selectively thinning pinyon and
juniper improves grazing and provides firewood, posts,
and Christmas trees.
The Ildefonso soil is suited to production of pinyon and
Utah juniper. It can produce 9 cords of wood per acre
when trees more than 4.5 feet tall reach an average
diameter (at one foot) of 5 inches. The low available
water capacity affects survival of tree seedlings.
34
Mule deer, wild turkey, chukar, gray squirrel, cottontail
rabbit, and some pheasant find habitat on these soils.
The steep slopes limit community development. Struc-
tures are needed to divert runoff to minimize gullying and
erosion.
This complex is in capability subclass Vle, nonirrigated.
59—Potts-Ildefonso complex, 25 to 45 'percent
slopes. These hilly to very steep soils are on alluvial
fans 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 soil makes up about 30 percent.
The Potts soil is in slightly concave positions, and the
Ildefonso soil is in the steeper, breaklike areas.
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 to a depth of 60
inches.
Permeability of the Potts soil is moderate, and availa-
ble water capacity is high. Effective rooting depth is 60
inches or more. Surface runoff is medium, and the ero-
sion hazard is severe.
The Ildefonso soil is deep and well drained. Typically,
the surface layer is brown stony loam about 8 inches
thick. The underlying material is white, very strongly cal-
careous very stony loam to a depth of 60 inches.
Permeability of the Ildefonso soil is moderately rapid,
and available water capacity is low. Effective rooting
depth is about 60 inches. Surface runoff is medium to
rapid, and the erosion hazard is severe.
Included with this soil in mapping are small areas of
Morval and Lazear soils. The Morval soils are at the
higher elevations. The Lazear soils are shallow and are
on ridge crests and steep mountainsides. These areas
make up 10 to 18 percent of the map unit.
These soils are used mainly for limited grazing and
wildlife habitat.
The native vegetation on the Potts soil is mainly
wheatgrass, needleandthread, and sagebrush. The
native vegetation on the Ildefonso soil is mainly pinyon
and Utah juniper and an understory of Indian ricegrass,
wheatgrass, junegrass, serviceberry, bitterbrush, and sa-
gebrush.
When the understory vegetation deteriorates, grasses
almost disappear and forbs and shrubs increase. Proper-
ly managing grazing on the Potts soil maintains and
improves the range condition. Properly managing the
vegetation on the Ildefonso soil maintains wood produc-
tion and ground cover. The value for grazing is low
SOIL SURVEY
because of steep slopes and the tree canopy. Firewood,
posts, and Christmas trees can be harvested from the
more gently sloping areas.
The Ildefonso soil is suited to production of pinyon and
Utah juniper. It can produce 9 cords of wood per acre
when trees more than 4.5 feet tall reach an average
diameter (at one foot) of 5 inches. The low available
water capacity affects survival of tree seedlings. Steep
slopes and the severe erosion affect harvesting.
Mule deer, wild turkey, chukar, gray squirrel, cottontail
rabbit, and some pheasant find habitat on these soils.
Community development is limited by very steep
slopes.
This complex is in capability subclass Vile, nonirrigat-
ed.
60—Rhone loam, 5 to 30 percent slopes. This deep,
well drained, gently sloping to steep soil is on mountain-
sides and ridges. Elevation ranges from 7,600 to 8,600
feet. This soil formed in residuum from sandstone and
marlstone. The average annual precipitation is about 20
inches, the average annual air temperature is about 40
degrees F, and the average frost -free period is Tess than
75 days.
Typically, the upper part of the surface layer is brown
loam about 8 inches thick, and the lower part is brown
sandy clay loam about 20 inches thick. The underlying
material is brown extremely' channery sandy clay loam
about 24 inches thick. Sandstone is at a depth of 52
inches.
Included with this soil in mapping are small areas of
Parachute and Northwater soils. The moderately deep
Parachute soils are on smooth ridge crests and west -
and south -facing side slopes. The Northwater soils are
on north -facing side slopes. These areas make up about
10 to 15 percent of the map unit.
Permeability is moderate, and available water capacity
is moderate. Effective rooting depth is 40 to 60 inches.
Surface runoff is slow, and the erosion hazard is slight.
This soil is used mainly for wildlife habitat and limited
grazing.
The native vegetation is mainly brome, needlegrass,
and sagebrush. There are small areas of dwarfed aspen,
but they are of little or no commercial value.
When range condition deteriorates, forbs, shrubs, and
Kentucky bluegrass increase. Properly managing grazing
maintains and improves range condition. Seeding and
removing brush improve range on less sloping areas if it
is in poor condition. Intermediate wheatgrass, slender
wheatgrass, and mountain or smooth brome are suitable
for seeding. Preparing the seedbed and drilling the seed
are good practices.
Elk, mule deer, coyote, grouse, and rabbit find habitat
on this soil.
Use of this soil for community development or as a
source of construction material is limited by steep
slopes.
36 SOIL SURVEY
more. Organic matter content is high. Surface runoff is
slow, and the erosion hazard is slight. This soil is occa-
sionally flooded for brief periods between April and Sep-
tember.
This soil is used mainly for grazing, wildlife habitat, and
limited irrigated hay. Good management of water and
fertilizer maintains or improves the production of native
hay.
The native vegetation on this soil is mainly wildrye,
wheatgrass, needlegrass, and small amounts of forbs
and shrubs.
When range condition deteriorates, dandelion, yarrow,
rabbitbrush, big sagebrush, and Kentucky bluegrass in-
crease. Properly managing grazing maintains and im-
proves range condition. Basin wildrye, slender wheat -
grass, and western wheatgrass are suitable for seeding.
Preparing a seedbed and drilling the seed are good
practices. Fencing protects this more productive soil.
This soil is lower than surrounding soils and usually con-
tains the water supply for livestock. Reducing brush im-
proves the range.
Mule deer, snowshoe hare, elk, coyote, and blue
grouse find habitat on this soil.
Community development is limited by flooding. This
soil is a good source of topsoil.
This soil is in capability subclass VIe, nonirrigated.
64—Tanna silty clay loam, 25 to 45 percent slopes.
This moderately deep, well drained soil is on mountain-
sides. Elevation ranges from 6,500 to 7,600 feet. This
soil formed in material weathered from shale. The aver-
age annual precipitation is about 17 inches, the average
annual air temperature is about 43 degrees F, and the
average frost -free period is about 100 days.
Typically, the surface layer is grayish brown silty clay
loam about 9 inches thick. The subsoil is Tight brownish
gray clay and Tight gray silty clay about 15 inches thick.
The substratum is light gray channery clay loam about 6
inches thick. Weathered shale is at a depth of 30 inches.
Included with this soil in mapping are small areas of
Dollard clay and shale outcrop on steep and very steep
mountainsides. These areas make up 10 to 15 percent
of the map unit.
Permeability is slow, and available water capacity is
low. Effective rooting depth is 20 to 40 inches. Surface
runoff is rapid, and the erosion hazard is severe.
This soil is used mainly for wildlife habitat and limited
grazing.
The native vegetation on this soil is mainly Gambel
oak, serviceberry, snowberry, and elk sedge.
When range condition deteriorates, forbs and shrubs
increase. When the range is in poor condition, Kentucky
bluegrass, weeds, and annual plants are numerous.
Properly managing grazing maintains and improves
range condition.
Mule deer, wild turkey, and cottontail rabbit find habitat
on this soil.
Use of this soil for community development, for sani-
tary facilities, and as a source of construction material is
limited by steep slopes, high clay content, low strength,
depth to bedrock and shrink -swell potential. Road con-
struction and building foundations can be designed to
reduce the effects of shrinking and swelling. A good
drainage system reduces soil slumping.
This soil is in capability subclass Vile, nonirrigated.
65—Torrifluvents, nearly level. This broadly defined
unit consists of deep, well drained to somewhat poorly
drained, nearly level soils on flood plains adjacent to the
Colorado and Roaring Fork Rivers and their major tribu-
taries. Slope is 0 to 6 percent. The soils formed in
alluvium.
These soils are stratified and vary widely in texture
and depth. The surface layer ranges from loamy sand
and fine sandy loam to silty loam and clay loam. The
underlying layers are generally sandy loam or loam strati-
fied with sand, gravel, and cobbles. In some areas gravel
and cobbles are on or near the surface.
The water table fluctuates between depths of 2 and 4
feet and in some years is near the surface during spring
runoff from snowmelt. These soils are subject to brief,
occasional flooding late in spring and early in summer.
Included in mapping are small isolated areas of Wann
soils that have slopes of 1 to 3 percent. Small areas of
soils that are moderately to severely affected by alkali
are identified by an alkali spot symbol. Small, isolated
areas where water stands at or near the surface all year
are identified by wet spot and marsh spot symbols.
These areas make up 15 percent of the map unit.
These soils are used for wildlife habitat, recreation,
and some grazing.
The native vegetation is mainly cottonwood, willow,
tamarisk and water -tolerant grasses, sedges, and rushes.
In many areas these soils are suited to production of
Fremont cottonwood. The soils are capable of producing
230 board feet of timber per acre from a fully stocked,
even -aged stand of 40 -year-old trees.
Where these soils are accessible, they provide shelter
and forage for livestock.
Mule deer, cottontail rabbit, coyote, bobcat, ducks,
geese, and other native birds find food and shelter on
these soils. Where feasible, planting food plots, trees
and shrubs, and nesting cover enhances the habitat for
upland wildlife. Where the water table is high, open
water for waterfowl and fish can be developed by blast-
ing or by excavating.
These soils have potential for recreation. Wildlife is
abundant, and the nearby rivers can be used for rafting
and canoeing. Community development is very limited by
flooding, the seasonal high water table, and variable
texture. Onsite investigation is necessary.
These soils are in capability subclass VIIw, nonirrigat-
ed.
Jan 24 06 02:08p Rdmin
870-876-2774 p.1
BURNING MOUNTAINS FIRE PROTECTION DISTRICT
Brit C. McLin
Chief
611 Main St.
P.O. Box 2
Silt, CO. 81652
Bob Regul ski
PO Box 9
Rifle, CO 81650
Mr. Regulski:
Phone: (970) 876-5738
Fax: (970) 876-2774
E -Mail: burningmountainschief@msn.com
24 January 2006
I have reviewed your proposed modifications to the lot lines in the River Ranch
Subdivision. I find no substantive changes to the existing plan ( no increase in lot
number nor decreased roadways) and, therefore,have no additional conditions and
support the application.
Yours truly,
Brit C. McLin