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HomeMy WebLinkAbout1.0 Application• BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned T�-�Y--�----• _ _a LA) n respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of ;( l C2acre tract of land into S tracts of approximately,_[3—L3 Cres each, more or less, from the definitions of s -- "subdivision" and subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; Vicinity map at a minimum scale of 1"-2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and Evidence of the soil types and characteristics of each type; and Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan -from appropriate fire district; and If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and ..�"Ii. Narrative explaining why exemption is being requested; and It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. A $100.00 fee must be submitted with the application. G. Petitioner '/ G. (. (,`,n, ) 0 \ ) 7C -f t& a Mailing Adress City State - Telephone Number • • EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additonal factors listed in Section 8:60 of the Subdivision Regulations. /A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a pact of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, -at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise' applicable; All Garfield County zoning requirements will be met; and 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; and 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; and (E. All state and local environmental health and safety requirements have - been met or are in the process of being met; and F. Provision has been made for any required road or storm drainage improvements; and G. 'Tire protection has been approved by the appropriate fire district. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. (The School Impact Fee is $200.00 for each new lot created). PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Department of Development/Planning Division. Two (2) copies of the application, maps and supplemental information shall be submitted. B. The Planning Division shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. • • C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Division. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedure in these Regulations. Recorded at_1..;.46 o'clock ....P...M., Max 7 1964 Reception No 225430 Chas. S. Keeagn Recorder. Book 357 Pai•;e567 THIS DEED, Made this 26 day of MARCH in the year of our Lord one thousand nine hundred and between LLOYD A. JEFFRI ES AND LELIA N. JEFFRIES of the County of Colorado, of the first part, and TSURU T. OKAGAWA GA R F I EL D and State of RECORDER'S STAMP of the CITY County of DENVER and State of Colorado, of the second part: WITNESSETH, that the said part I ES of the first part, for and in consideration of the sum of ONE HUNDRED AND NO/100 DOLLARS AND OTHER CONSIDERATION to the said part 1 Es of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, hay E granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the following described lot or parcel of land, situate, lying and being in the County of GA R F I E L D and State of Colorado, to -wit: THE ].1,4 1/4 OF THE SW 1/4 AND LoT 2 OF SECTION 3; AND THE NORTH 1/2 OF THE SE 1/4 AND LOTS 1 AND 2 OF SECTION 4 IN TOWNSH'P 7 SOUTH, RANGE 92 WEST OF TI1E ETH PRINCIPAL.. MERIDIAN; AND THE EAST 1/2 OF THE SW 1/4 AND SW 1/4 OF THE SW 1/4 OF SECTION 33 TOWNSHIP C SOUTH, RANGE 92 WEST OF THE TH PRINCIPAL MERIDIAN. GI;ANTORS RESE ,'.f 1/2 OF ALI_ OILS GAS AND MINERAL RIGHTS ACCRA; ING TO SA,D PROPiRTy, TOGETHER with all and singular the hereditaments and appurtenances thereunto 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 said part ! ES of the first part, 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 said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor, forever, And the said part I Es of the first part, for THEM sel v F THEheirs, executors, and administrators do covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the enscaling and delivery of these presents, ARE well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha`: E good right, full power and lawful authority to grant, bargain, sell and convey- the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, : X t P T TAXES FOR THE YEAR 19(4 AND S'AlSEOUE?.T THE TO; AND DEEDS OF TRI;ST OF RECORD IN POor: 27i AT PAGE 75 AMEIi"FN IVOW":3:1 --A 4 E 44 t; A:.D E XC' PT F0: EASEM.'.NTS OF RECORD. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part I E' S of the first part ha E hereunto set 1141 1 hand seal the day and year first above written. and Signed, Sealed and Delivered in the Presence of LL04'D A, J_•F/'F'1;1 I S 4.r :.', I / LELIA IE FF I F S [SEAL] [SE_AI.] STATE OF COLORADO. C Ti u County of DEI, v' ss' The foregoing instrument was acknowledged before me this 2, day of PARCH A. D. 19 !} bY*I LOYD A. JEFFi'I ES AND L I i; A .iEFF�'�:S My commission expires , 19 Witness wy hand and official seal. [SEAL My Commission expires December 11, 1967 No. S. 021. WARRANT', DEED - To Jo,nt Tenants. Notary Pnblir. COMPLIMENTS OF 1_7(.tL_ 'WRJ-5-Rev. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. CO DO DIVISION OF WATER RESOU 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM A PERMIT TO USE GROUND WATER ( A PERMIT TO CONSTRUCT A WELL FOR: (,<1 A PERMIT TO INSTALL A PUMP o/ if 8/ 89 1 old/8G? RECEIVED ( ) REPLACEMENT FOR NO ( ) OTHER WATER COURT CASE NO NOV 1 3 '89 WATER RESOURCES STATE ENGINEER COLO. (1) APPLICANT - mailing address NAM // p ,Q STREET 1-74 %LLS Pig IT CY �X�J. ST V%-uE `/ L) /1/1_2(3 (State) (Zip) % TELEPHONE NO l E0) g‘:6/ C SSp j NnPW (2) LOCATION OF PROPOSED WELL County GfiRF/L- /) SE % of the / YW 1/4 Section Twp. 2 5, Rng. 92 IL) ,N,S) (E,W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre -feet) - P.M. /t FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No 3 31- S / Basin Dist. Number of acres to be irrigated: Proposed total depth (feet): 200 Aquifer ground water is to be obtained from: Owner's well designation GROUND WATER TO BE USED FOR: ( 1 HOUSEHOLD USE ONLY - no irrigation (0) DQ DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( 1 OTHER (9) DETAIL THE USE ON BACK IN (1 1) (4) DRILLER Name Lic lYSCl7 Cie iiLG°- Street City (-State) (Zip) CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 1) APPROVED PURSUANT TO CRS 37-90-137(2) FOR THE CONSTRUCTION OF A WELL APPROPRIATING GROUND WATER TRIBUTARY TO THE COLORADO RIVER AS AN ALTERNATE POINT OF DIVERSION TO THE AVALANCHE CANAL AND SIPHON ON TUE CONDITION THAT THE WELL BE OPERATED ONLY WHEN A WATER ALLOTMENT CON- TRACT BETWEEN THE WELL OWNER AND THE WEST DIVIDE WATER CONSERVANCY DISTRICT FOR THE RELEASE OF REPLACEMENT WATER FROM RUEDI RESERVOIR IS IN EFFECT, OR UNDER AN APPROVED PLAN FOR AUGMENTATION. 2) THE MAXIMUM PUMPING RATE OF THIS WELL SHALL NOT EXCEED 15 GPM. 3) THE AVERAGE ANNUAL OF AMOUNT OF GROUND WATER TO BE APPROPRIATED BY THIS WELL SHALL NOT EXCEED ONE (1) ACRE-FOOT (325,850 GALLONS). 4) THE USE OF GROUND WATER FROM THIS WELL IS LIMITED TO ORDINARY HOUSEHOLD PURPOSES INSIDE ONE (1) SINGLE FAMILY DWELLING AND THE IRRI- GATION OF NOT MORE THAN 6,000 SQUARE FEET (0.14 OF AN ACRE) OF HOME GARDENS AND LAWNS. 5) 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. A) THE WELL SHALL BE CONSTRUCTED NOT MORE THAN 200 FEET FROM THF PERMITTED LOCATION. /2.- /5-- APPLICATION APPROVED vqj PERMIT NUMBER 036004 — F DATE ISSUED DEC i 81989 • EXPIRA ON DATE DEC i 8 199Q --1144/7:71/&6 (STATE EN N ) . aA,:„.L., BY (5) MI` LOCATION OF THE Pf SED WELL and the area on which the water will be used must indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + - -t . - ± - + - -i-- - - •4--- 1 MILE, 5280 FEET -{- 4- + + + NORTH T w z J z 0 H V w 0, w NORTH SECTION LINE I I I 1 I i 1 1 I 1 SOUTH SECTION LINE I m y —1 N m 0 —40 z z m The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. + f 4- (6) THEOLL MUST BE LOCATED BELOW by dis aces from section 1 lines. Q� ft. from ! Y%C)/e7 sec. line (north or south) � c)O ft. from (.0 C sec. line (east or west) LOT�BLOCK FILING SUBDIVISION (7) TRACT ON WHICH/ WELL WILL BE LOCATED Owner:Az:n/1j c.. Spin/pew No. of acres . Will this be the only well on this tract? (8) PROPOSED CASING PROGRAM Plain Casing CD in. from ft to G ft �y•� �� in from ft to ft Perforated casing jO in from /-2 nft to 0 ft in. from ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cis) ... 449 gallons per minute Igpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: (10) LANDONWHICH GROUND WATER WILL BE USED: Owr.er(s) : 2 P-(:) /1i SP//v L3 C No. of acres: Legal description: (11) DETAILED DESCRIPTION of the use of ground water: Household use a stic wells must indicate type of disposal sy t m to be used. /L/ ♦ /.L/d irS70c4 /BB! -C6 /02 (72 c SC pT)C 74/14- i 15rien.' CF t)FPfiOo,";'t L) 2.72-f �T • (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT(S) TATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO TH BE T OF NIS NOWLEDGE. i /G ATURE OF APPL /CA /S Use additional sheets of paper if more space is required. • e wiV ''. DEC 1Vat Appl be co • e ere applicable. ype or print in BLACK• INK. No overstrikes or erasures unless initialed. COLORADO DIVISION OF WATER RE 818 Centennial Bldg., 1313 Sherman St., Denver, o Co o a 8838g 31989 OC- PERMIT APPLICATION FORM DATER RESOURCES RECEIVED c-1 A PERMIT TO USE GROUND WATAATi' ENGInEER D•GTA PERMIT TO CONSTRUCT A WELL Coto• AN 2 1 : fl4A PERMIT TO INSTALLA PUMP D WOW ( )REPLACEMENT FOR NO. sega- ( ) OTHER 032472 �,iti vnr� TTL COM WATER COURT CASE NO (1) APPLICANT - mailing address RECEIVEu SEP0819, 9 Iwo ReskoNces �rmsGJMi2: 61,CJ0 J0i1 6U,C0 -HTC'u . 60,011 NAME � LA2 ( �- T 6k 6R wR _ STREET 'O lI C), ROLL 4 UE CITY 0a-NOE2 (--0 )3'JD.--I (I G(State) (Zip) TELEPHONE NO. -i `1 - 1 I �S (2) LOCATION OF PROPOSED WELL County \.1 Y. of the Twp. '7 (N,S) '/., Section et), (E,W) a P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) -Average annual amount of ground water to be appropriated (acre-feet): Ao Number of acres to be irrigated: ./Y6/Y6 i Proposed total depth (feet): /2 Aquifer ground water is to be obtained from: Owner's well designation GROUND WATER TO BE USED FOR: D() HOUSEHOLD USE ONLY - no irrigation (0) ( ) DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name LJ � G w n OK' JLLE ;2 - Street Street City (State) (Zip) Telephone No. L'+c, No. FOR OFFICE USE ONLY: DO'NOT WRITErN-THIS COLUMN CL -.1 �`�D 0A42 i r Receipt No Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to exis.ing water rights. The - issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. ISSUANCE OF THIS PERMIT DOES NOT CONFER A -DECREED -WATER RIGHT1) ) ((A) ASAPPROVED THEONLYWELL ON A RESIDENTIAL PUANT TO CRS {SITE} O);I}- 2.38 ACRES DESCRIBED AS THAT PORTION OF LOT 2 OF SECTION 3 T.7 S. R.92 W. OF THE 6TH P.M., GARFIELD COUNTY, MORE PARTICULARLY DESCRIBED ON THE ATTACHED EXHIBIT "A". 2) THE USE OF GROUND WATER FROM THIS WELL IS LIMITED TO FIRE PROTECTION, ORDINARY HOUSEHOLD PURPOSES INSIDE ONE (1) SINGLE FAMILY DWELLING AND THE WATERING OF THE USER'S NONCOMMERCIAL DOMESTIC ANIMALS. THE GROUND WATER SHALL NOT BE USED FOR IRRIGATION OR OTHER PURPOSES. 3) THE FROM E OTHIS ISPMUSTETHRU AN INDUAWASTEWATERDOSAL SYSTEM OF THE NON -EVAPORATIVE TYPE WHERE THE WATER IS RETURNED TO THE SAME STREAM SYSTEM IN WHICH THE WELL IS LOCATED. 7j•)j.. Le a Et.., Vr R 14 !�'+' f' M �+.prFF �w6 L'�M� Y •� APPLICATION APPROVED PERMIT NUMBER 3,15620 o DATE ISSUED EXPIRATION TE JAN 0 5 Ickq 2. (STATE ENGINEER) BYLL227t'i47.- 7;37 COUNTY / �t� (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used frust be indicated on the diagram below. Use the CENTER SECTION. (1 section. 640 acres) for the well location. 1 1 MILE, 5280 FEET -(. i- + • + + ± + }- II ff t - t - NORTH I t' ± - - ;.r-* +J. 4415',4-1-514.=4 (-1- 1 ' The tle'of tl�eagradlll2indtes� tmile Each small square represents 40 acres. I (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. '\) /©0 ft from /s/b1 77T sec. line (north or south) aaba ft. from LLJF-ST sec. line (east or west) LOT BLOCK FILING SUBDIVISION �(7) TRACT ON WHICH WELL WILL BE LOCATED Owner'TSuRC.. T. (*46 4--4 No. of acres a • 3 g . Will this be the only well on this tract? (8) PROPOSED CASING PROGRAM Plain Casing in from ft to ft in from ftto ft Perforated casing // / in. from So ft to /O 0 ft in. from ft to `t ?•' WATER 'EOUIVALENTSTABLE- (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging 1t: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owners): TS U rzcam. Y Dk 4 h'i No. of acres • 3 Legal description - \(11) DETAILED DESCRIPTION cf the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. o u S eta oA0 a S E a lV y • �F. >� T c. TA NIL (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right • Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. •F 4 ly[ NUHTH SECT ION LINt :-.to, z D 1 1 1 1 1 I m m n u n ; u �, I ! i — -+- -- 0 Z r - • m - - }- - -- 1 CFI ITLI CC/`TIn.a 1 1►IC - - ;.r-* +J. 4415',4-1-514.=4 (-1- 1 ' The tle'of tl�eagradlll2indtes� tmile Each small square represents 40 acres. I (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. '\) /©0 ft from /s/b1 77T sec. line (north or south) aaba ft. from LLJF-ST sec. line (east or west) LOT BLOCK FILING SUBDIVISION �(7) TRACT ON WHICH WELL WILL BE LOCATED Owner'TSuRC.. T. (*46 4--4 No. of acres a • 3 g . Will this be the only well on this tract? (8) PROPOSED CASING PROGRAM Plain Casing in from ft to ft in from ftto ft Perforated casing // / in. from So ft to /O 0 ft in. from ft to `t ?•' WATER 'EOUIVALENTSTABLE- (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging 1t: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owners): TS U rzcam. Y Dk 4 h'i No. of acres • 3 Legal description - \(11) DETAILED DESCRIPTION cf the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. o u S eta oA0 a S E a lV y • �F. >� T c. TA NIL (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right • Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. •F 4 ly[ Officers President (303) 625-1235 Carl H. Bernklau 7880 309 Road Rifle, Colorado 81650 Vice President Harold Shaeffer 5957 319 Road Rifle, Colorado 81650 Sec. Treas. Nora Ruth Bernklau 7880 309 Road Rifle, Colorado 81650 Attorney Russell George P.O. Box 907 Rifle, Colorado 81650 • West Divide Water Conservancy District POST OFFICE BOX 1478 RIFLE, COLORADO 81650-1478 Mr. Leon C. Spinden 4438 Jill's Place West Valley, City, Utah 84120 Dear Mr. Spinden: October 12, 1989 Board of Directors Carl H. Bernklau 7880 309 Road Rifle, Colorado 81650 Leonard Christensen 10879 311 Road Silt, Colorado 81652 Gregory Durrett 926 Blake Avenue Glenwood Spgs.,CO 81601 Harold Shaeffer 5957 319 Road Rifle, Colorado 81650 John Martin 13112 Highway 82 Carbondale, CO 81623 RE: Contract #890929-LCS Enclosed please find your copy of Contract #890929 -LSCS with the West Divide Water Conservancy District for augmentation/exchange water. The Board of Directors, at their October 9, 1989 meeting, with approval of Attorney and Engineer moved to approve your contract. Your receipt #2114 is enclosed. Please understand that approval of this contract by the West Divide Water Conservancy District Board of Directors does not guarantee that a well permit will be promptly or automatically issued by the State Engineer, which review is done according to State Law. It is the continuing duty of the applicant to maintain the validity f the well permit or water right including filing for extensions of permits, filing well completion reports, filing statements of beneficial use, or other wise lawfully applying the water to beneficial use on a regular basis without waste. Enc/ Copies of your contract have been submitted to the following: West Divide Attorney and Engineer State Division of Water Resources Division #5 Water Resources Corfield County Planning Department Colorado River Water Conservation District Sincerely, Nora Ruth Bernklau Water Contact Person, W.D.W.C.D. • • APPLICATION FOR PURCHASE OF WATERS FROM THE WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT NAME LEON C. SP.INDEN ADDRESS 4438 JILL'S PLACE WEST VALLEY CITY, UT 84120 TEL. NO 801 / 964 __ 6326 AGENT OR REPRESENTATIVE Leon C. Spinden momma U3ER 870a9 -LCs MAP I.D. MI LER ,5 3 DATE ACTIVA D a O % _ bT For office use only B. WATER RIGHT TO BE AUGMENTED NAME OF RIGHT Spinden 's Space Well #1 LOCATION OF DIVERSION POINT SE1/4 NW1/4, and SW1/4, Sec. 3, T7, R92W. WATER COURT CASE NO. C. INTENDED USE OF AUGMENTED WATER RIGHT LOCATION OF AREA OF USE SE1/4 NW1/4, and SW1/4, Sec. 3, T7s, R92W. - DESCRIPTION OF PROJECT Single Family Dwelling NO. OF DWELLING UNITS 1 TOTAL ACREAGE 2.15 PROPOSED POTABLE WATER SYSTEM Sept- i c Tank- PROPOSED ank PROPOSED WASTE -WATER TREATMENT SYSTEM Septic Tank PROJECTED MONTHLY VOLUME OF AUGMENTATION WATER NEEDED: JAN FEB MAR APR MAY JUN JUL X AUG X SEPT X OCT X NOV DEC ANNUAL TOTAL one Acre Foot MAXIMUM JNSTANTANEOUS DEMAND One)g3CAcre Foot D. OTHER REMARKS: 9-29-89 r` aYr Application. to West Divide Water Conservancy District for Water Allotment Contract (Pursuant to C.R.S. 1973, 37-45-131) Name of Applicant: LEON C. SPINDEN Quantity of water in acre feet applied for herein: crimicrimoW16 9:19 -Lc-5 W2MWMIE, 3 DATE ACPIVATID One Acre Foot For office use col Applicant, named above and hereinafter referred to as "applicant" hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, 37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, hereafter App acquired hereby the District. By execution of application, agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein, which will be supplemented by waters leased herein. 2. Quantity: Water in the quantity applied for by the applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights and, when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during p when the beforementionerelease for theuse of applicant updlow eright is not in priority, the District shall to said quantity in acre-feet per year of storage water for the Applicant owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District pursuant to its direct flow water right will be limited by the priority of the District's decrees, and that any quantity allotted Will only be provided so long as the Applicant fully complies with all of the terms and conditions of this contract. The District and'the Applicant recognize that the District's decrees are in the name of the Colorado River Water Conservation District, and the ability of the District to allot a comparable direct flow decree to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. In the event such consent is not °shallmbegwhen the responsibleafor obtaining by the Applicant, the Applicant other comparable direct flow water rights, and, in such event, the District shall release up to the above mentioned acre-feet per year of storage water for the Applicant owned or controlled by the District during times when said water right is not in priority. Atsuch time e rights asherein provided,such allotment shall be rs does acquire the ability to allot its direct -1- • • made to the Applicant, and upon obtaining by the Applicant of a decree for change in point of diversion for said direct flow right to this point of diversion, the District's obligation to deliver storage water as herein provided shall be reduced to accordingly. In either event, if at any time the Applicant determines it requires less water than those amounts herein provided, it may so notify the District in writing, and the amount of water allotted under this contract shall be reduced in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: Municipal, domestic and related uses or irrigation and commercial (except,Ruedi water which is not available for irrigation and commercial). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, lease, operated, or under Applicant's control. Such facilities or lands serviced will be located entirely within the boundaries of the District. 4. Decrees and Deliver: Exchange releases made by the District out of storage from Ruedi Reservoir or other works and facilities of the District or from other sources available to the District shall be delivered to the Applicant at the outlet works of said storage facilities and release of water at such outlets shall constitute performance of the District's total delivery obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the laws, rules and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant is not impaired by said action. Any quantity of Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1) shall revert to the water supplies of the District. Such reversion shall not entitle applicant to any refund of payment made for such water. 5. Alternate Point of Diversion: Requests for alternate points of diversion of the District's water rights or storage water may be required in order to provide Applicant the water service contemplated hereunder. The District reserves the exclusive right to review, and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal and engineering costs necessary for any changes in water rights contemplated herein and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing -2- • works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount for water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this agreement. 6. Annual Payment: Annual payment forthe water service described herein shall be determined annually by the Board of Directors of the District at a per acre-foot rate. The initial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which. the intitial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date, written. notice thereof will be sent by the District to the Applicant at such address as may be designated by the Applicant in writing. (If no address has been so designated in writing, then said notice shall be sent to applicant's address set forth herein.) All parties within the District allotted water pursuant to the powers of the District shall be treated uniformly for all parties with similar uses. Water use for any part of a water year shall require payment for the entire water year. If payment is not made within ten (10) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this contract without further notice; and the allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. In the event water deliveries hereunder are made in cooperation with some other person, corporation, quasi -municipal entity, or governmental entity, said person, corporation, quasi -municipal entity or governmental entity is hereby authorized to curtail water service to Applicant without liability to the District, or said other person or entity, in any respect at, the sole option and request of the District. Said service may continue to be terminated as long as payments contemplated hereunder, together with all past due payments, are in arrears. 7. Security: As security to the District, the foregoing covenant of annual payments in advance of water delivery will be fully met by annual budget and appropriation of funds from such sources of revenues as may be legally available to the Applicant. As additional security to the District, the Applicant will hold harmless any person, corporation, quasi -governmental entity, or other governmental entity, for discontinuance in service due to the failure of the Applicant to maintain the payments herein contemplated on a current basis. 1 • 8. Assignment: This agreement shall inure to the benefit of the heirs, successors and assigns of the parties hereto. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of said District; and all amendments thereof and supplements thereto. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the Board of Directors of the District if and when the Board of said District determines in its sole discretion that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the rules and regulations of the Board of Directors of the District. Said agreement may contain, but shall not be limited to, a provision within the terms of standard allotment contracts of the District; additional annual monetary consideration for extension of District delivery services and for additional administration, operation and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder to the extent such change in use and/or change in land use would require approval of local or state governmental authorities pursuant to land use laws now or hereafter in existence. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in Exhibit A attached hereto or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon dr any lease or sale of the water or water rights herein shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable dr legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein' and hereby agrees to be bound by any conservation plan'`, adopted hereafter by the District for use of District owned or controlled water or water rights. 19. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. • 15. Residential Restrictions: Applicant shall restrict lawn and garden uses to a maximum ..of. six _thousand squarefeet per household served with water obtained from the District. APPLICANT: APPLICANT ADDRESS: 4438 JILL'S PLACE WEST VALLEY CI Y, UT 84120 k i +1+1 „ (.(- STATE OF--9O1D9° ) SfaiT LH a - LtIc_) s s . COUNTY OF G -D ) The foregoing instrument was acknowledged before me this J c7i)-- day oft�.n_ bey- Witness P� , 198, b y Witness my hand and official seal. My commission expirpy<- by c -m,,,; :z"-.„( L ,144tar ; •D blic `(1 N Go. 7lPO W, `• w.v.c., ur oai�u,<s, . -7(122 vJ . 1,-)141:, u r 54/ ess ORDER ON APPLICATION After a hearing by the Board of Directors of the West Divide Conservancy District on.the above application, it is hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. ATTEST: ecretary WEST DIVIDE CONSERVANCY. DISTiCT BY . t c) ✓ ,� 111�i✓ President 19 r% This agreement is subject to the terms and conditions of .all exhibits attached hereto, Exhibit A of which shall be the District's form entitled "Application for Purchase of Waters from the West Divide Water Conservancy District" fully completed by applicant and approved by the District's Engineer. -5- �1. �r^ Jq SHEET NUMBER 17 RIFLE AREA, COLORADO (HUNTER MESA QUADRANGLE) t 10) 107 37'30" 39 30'00" • • :LE AREA, COLORADO included with this soil in mapping are small areas of ney, Arvada, and Kim soils that have slopes of 1 to 3 rcent. These areas make up 5 to 10 percent of the ip unit. ?ermeability is slow, and available water capacity is Aerate. Effective rooting depth is 60 inches or more. Irface runoff is medium, and the erosion hazard is fht. This soil is used for irrigated crops and hay (fig. 5). ialfa, small grains, some corn for silage, and grass or iss-legume mixtures are grown. Flooding is suitable for irrigating this soil. Intake rate is iw. Wide, deep cracks form when the soil dries. Irriga- )n rates and tillage practices should be carefully armed to overcome soil conditions. Green manure ops and commercial fertilizer are generally needed to aintain or improve tilth and fertility. The native vegetation on this soil was mainly wheat - ass, sagebrush, and rabbitbrush; however, all areas of is soil are now in irrigated crops. Cottontail rabbit, squirrel, mourning dove, and pheas- it find habitat on this soil. Community development and recreation are limited by ow permeability, high clay content, and shrink -swell :)tential. Dwellings and roads can be designed to com- ansate for the low strength and shrink -swell potential. optic tank absorption fields are severely limited by slow armeability. Community sewage disposal systems will a needed if population density increases. This soil is in capability subclasses Ille, irrigated, and lc, nonirrigated. 29—Heldt clay loam, 3 to 6 percent slopes. This Jeep, well drained, gently sloping soil is on alluvial fans ;nd sides of valleys. Elevation ranges from 5,000 to :,000 feet. This soil formed in fine textured alluvium ierived from shale and sandstone. The average annual precipitation is about 14 inches, the average annual air amperature is about 48 degrees F, and the average ost-free period is about 120 days. Typically, the surface layer is grayish brown clay loam about 8 inches thick. The subsoil is light brownish gray lay loam about 13 inches thick. The substratum is light fray clay to a depth of 60 inches. Included with this soil in mapping are small areas of )Iney, Arvada, and Kim soils that have slopes of 3 to 6 percent. These areas make up 5 to 10 percent of the nap unit. Permeability is slow, and available water capacity is noderate. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is :noderate. This soil is used for irrigated crops and hay. Some areas are used for grazing. Alfalfa, small grains, some corn for silage, and grass or grass -legume mixtures are grown. 21 Flooding is suitable for irrigating this soil. Intake rate is slow. Wide, deep cracks form when the soil dries. Irriga- tion rates and tillage practices should be carefully planned to overcome limiting soil conditions. Green manure crops and commercial fertilizer are generally needed to maintain or improve tilth and fertility. The native vegetation on this soil is mainly wheat - grass, sagebrush, and low rabbitbrush; however, all areas of this soil are now in irrigated crops. Cottontail rabbit, squirrel, mourning dove, and pheas- ant find habitat on this soil. Community development and recreation are Limited by slow permeability, high clay content, and shrink -swell potential. Dwellings and roads can be designed to com- pensate for the low strength and shrink -swell potential. Septic tank absorption fields are severely limited by slow permeability. Community sewage disposal systems will be needed if population density increases. This soil is in capability subclasses Ille, irrigated, and IVc, nonirrigated. 30—Heldt clay loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,000 feet. This soil formed in fine textured alluvium derived from shale and sandstone. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is grayish brown clay loam about 8 inches thick. The subsoil is light brownish gray clay loam about 13 inches thick. The substratum is light gray clay to a depth of 60 inches. Included with this soil in mapping are small areas of Olney, Arvada, and Kim soils that have slopes of 6 to 12 percent. These areas make up about 5 to 10 percent of the map unit. Permeability is slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for irrigated hay (fig. 6) and grazing. Some small areas are in irrigated crops. Alfalfa, small grains, and grass or grass -legume mixtures are grown. Flooding is suitable for irrigating this soil. The intake rate is slow. Wide, deep cracks form when the soil dries. Irrigation and tillage practices should be carefully planned to overcome soil conditions and to control ero- sion. Erosion can be controlled by keeping the soil in hay or pasture for at least three-fourths of the time. Green manure crops and fertilizer are generally needed to maintain or improve tilth and fertility. The native vegetation on this soil is mainly wheat - grass, sagebrush, and rabbitbrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- 22 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. Western wheatgrass, streambank wheatgrass, and crested wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, squirrel, mourning dove, and pheas- ant find habitat on this soil. Community development and recreation are limited by slope, slow permeability, high clay content, and shrink - swell potential. Dwellings and roads can be designed to compensate for the low strength and shrink -swell poten- tial. Septic tank absorption fields are severely limited by slow permeability. Community sewage disposal systems will be needed if population density increases. This soil is in capability subclass IVe, irrigated and nonirrigated. 31—Heldt clay loam, 12 to 25 percent slopes. This deep, well drained, moderately steep to hilly soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,000 feet. This soil formed in fine textured alluvium derived from shale and sandstone. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is grayish brown clay loam about 8 inches thick. The subsoil is light brownish gray clay loam about 13 inches thick. The substratum is light gray clay to a depth of 60 inches. Included with this soil in mapping are small areas of Olney, Arvada, and Kim soils that have slopes of 12 to 25 percent. These areas make up about 5 to 10 percent of the map unit. Permeability is slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for grazing and wildlife habitat. Small areas are used for grass hay or irrigated pasture. The native vegetation on this soil is mainly wheat - grass, sagebrush, and rabbitbrush. When range condition deteriorates, forbs and woody shrubs increase. When the range is in poor condition, undesirable weeds and annual plants are numerous. Properly managing grazing maintains and improves range condition. Reducing brush improves the range. Seeding improves the range in the more gently sloping areas if it is in poor condition. Western wheatgrass, streambank wheatgrass, and crested wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, squirrel, mourning dove, and pheas- ant find habitat on this soil. Community development and recreation are limited by slope, slow permeability, high clay content, and shrink - SOIL swell potential. Dwellings and roads can be de compensate for the low strength and shrink-sw, tial. Septic tank absorption fields are severely slow permeability. Community sewage disposal will be needed if population density increases. This soil is in capability subclass Vle, not 32—Holderness Variant clay loam, 6 to 2E slopes. This deep, well drained, moderately hilly soil is on alluvial fans and sides of valley Elevation ranges from 6,500 to 7,500 feet. formed in fine textured sediment derived from sandstone. The average annual precipitation is inches, the average annual air temperature is degrees F, and the average frost -free period is days. Typically, the surface layer is grayish brown about 11 inches thick. The subsoil is grayish Tight brownish gray clay about 41 inches thick. stratum is light brownish gray, calcareous clay depth of 60 inches. Included with this soil in mapping are smal Dollard and Tanna soils that have slopes of 25 percent. These areas make up about 5 to of the map unit. Permeability is slow, and available water ( high. Effective rooting depth is 60 inches or r face runoff is medium, and the erosion hazan This soil is used mainly for grazing. Some s are in irrigated pasture and hay. Flooding is the usual method of irrigation. -I easily compacted by machinery or livestock. water slowly. The native vegetation on this soil is mail grass, needlegrass, and sagebrush. When range condition deteriorates, forts increase. When the range is in poor condition ble weeds and annual plants are numerou, managing grazing maintains and improves the ducing brush improves the range. Seeding range in poor condition. Western wheatgrass, wheatgrass, and big bluegrass are suitable ff Preparing a seedbed and drilling the seed practices. Mule deer, cottontail rabbit, and gray squirrc tat on this soil. Use of this soil for community developmen source of construction material is limited IT content, high shrink -swell potential, low str steep slopes. Roads and dwellings need go( to reduce shrinking and swelling and soil slum This soil is in capability subclasses IVe, irr VIe, nonirrigated. 33—Ildefonso stony loam, 6 to 25 perc• This deep, well drained, moderately sloping tc on mesas, benches, and sides of valleyF 30 degrees F, and the average frost -free period is about 125 days. Typically, the surface layer is grayish brown loam about 12 inches thick. The subsoil is grayish brown and light gray sandy clay loam about 21 inches thick. The substratum is light gray gravelly sandy clay loam or very gravelly sandy loam to a depth of 60 inches. Included with this soil in mapping are small areas of Heldt, Potts, and Kim soils that have slopes of 3 to 6 percent. These areas make up 5 to 15 percent of the map unit. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moderate. This soil is used mainly for irrigated crops and hay. Alfalfa, small grains, corn for silage, and grass or grass - legume mixtures are grown. Small acreages are in fruits, including apples, peaches, and apricots. Isolated areas are used for grazing. This soil is irrigated by furrows and flooding. Sprinklers are also suitable. Drop structures in irrigation ditches help to control water and prevent excessive ditch ero- sion. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves deteriorated range. Seed- ing improves range in poor condition. Crested wheat - grass, western wheatgrass, and Russian wildrye are suit- able for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, squirrel, pheasant, and some mule deer find habitat on this soil. Community development and recreation are limited by low strength. This soil is in capability subclasses Ille, irrigated, and IVe, nonirrigated. 51—Olney loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on allu- vial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. This soil formed in alluvium derived from sandstone and shale. The average annual precipita- tion is about 14 inches, the average annual air tempera- ture is about 48 degrees F, and the frost -free period is about 125 days. Typically, the surface layer is grayish brown loam about 12 inches thick. The subsoil is grayish brown and light gray sandy clay loam about 21 inches thick. The substratum is light gray gravelly sandy clay loam and very gravelly sandy loam to a depth of 60 inches. Included with this soil in mapping are small areas of Heldt, Potts, and Kim soils that have slopes of 6 to 12 SOIL SURVEY percent. These areas make up 5 to 15 percent of the map unit. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for irrigated hay, fruits, and grazing. Grass -legume mixtures and apples, peaches, and apricots are grown. This soil is irrigated by furrows and flooding. Sprinklers are also suitable. Drop structures in irrigation ditches help to control water and prevent excessive ditch ero- sion. Keeping a grass or legume cover on this soil at least three-fourths of the time controls erosion. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing 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, squirrel, pheasant, and some mule deer find habitat on this soil. Community development and recreation are limited by steep slopes and low strength. This soil is in capability subclass IVe, irrigated and nonirrigated. 52—Parachute loam, 25 to 65 percent slopes. This moderately deep, well drained, hilly to very steep soil is on north- and east -facing mountainsides. Elevation ranges from 7,500 to 8,700 feet. This soil formed in residuum from sandstone. The average annual precipita- tion is 20 inches, the average annual air temperature is about 40 degrees F, and the average frost -free period is less than 75 days. Typically, the surface layer is grayish brown loam about 5 inches thick. The upper part of the subsoil is very dark grayish brown and brown loam about 13 inches thick, and the lower part is light yellowish brown extremely channery loam about 11 inches thick. Hard, fractured sandstone bedrock is at a depth of 29 inches. Included with this soil in mapping are small areas of Rhone and Irigul soils. The Rhone soils are in concave positions. These areas make up 10 to 15 percent of the map unit. Irigul soils are on ridge crests. Permeability is moderate, and available water capacity is low. Effective rooting depth is 20 to 40 inches. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat and limited grazing. 32 55—Potts loam, 3 to 6 percent slopes. This deep, well drained, moderately sloping soil is on mesas, bench- es, and sides of valleys. Elevation ranges from 5,000 to 7,000 feet. This soil formed in alluvium derived from sandstone, shale, or basalt. The average annual precipi- tation is about 14 inches, the average annual air tem- perature is about 46 degrees F, and the average frost - free period is about 120 days. Typically, the surface layer is brown loam about 4 inches thick. The subsoil is reddish brown clay loam about 24 inches thick. The substratum is pinkish white loam to a depth of 60 inches. Included with this soil in mapping are small areas of Olney, Kim, and Ildefonso soils that have slopes of 3 to 6 percent. These areas make up 10 to 15 percent of the map unit. Permeability is moderate, and available water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moder- ate. This soil is used mainly for irrigated crops and hay and for dryland farming (fig. 10). Alfalfa, small grains, and grass -legume hay are grown. Small areas are used for grazing. These soils are usually irrigated by flooding. Drop structures in irrigation ditches, grassed waterways, and minimum tillage prevent serious erosion. Irrigation water should be carefully managed to avoid piping and erosion. Cover crops or stubble mulching also help to limit ero- sion in dryfarmed areas. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Pheasant, mourning dove, cottontail rabbit, some mule deer, and squirrel find habitat on this soil. Community development and recreation are limited by low strength and the shrink -swell potential. Dwellings and roads can be designed to overcome these limita- tions. Community sewage systems will be needed if the population density increases. This soil is in capability subclasses llle, irrigated, and IVe, nonirrigated. 56—Potts loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on mesas, benches, and sides of valleys. Elevation ranges from 5,000 to 7,000 feet. This soil formed in alluvium derived from sandstone, shale, or basalt. The average annual precipitation is about 14 inches, the average SOIL SURVEY annual air temperature is about 46 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is brown loam about 4 inches thick. The subsoil is reddish brown clay loam about 24 inches thick. The substratum is pinkish white loam to a depth of 60 inches. Included with this soil in mapping are small areas of Kim, Olney, and Ildefonso soils that have slopes of 6 to 12 percent. These areas make up 10 to 15 percent of the map unit. Permeability is moderate, and available water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is severe. This soil is used mainly for grazing, wildlife habitat, and some dryland farming (fig. 10). Wheat, barley, and oats are grown. Minimum contour tillage and stubble mulching help to prevent excessive erosion. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing improves and maintains range condi- tion. Reducing brush improves range. Seeding improves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seed- ing. Preparing a seedbed and drilling the seed are good practices. Community development and recreation are limited by low strength, shrink -swell potential, and slope. Dwellings and roads can be designed to overcome these limita- tions. Community sewage systems will be needed if the population density increases. This soil is in capability subclass IVe, irrigated and nonirrigated. 57—Potts-Ildefonso complex, 3 to 12 percent slopes. These gently sloping to rolling soils are on mesas and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. The Potts soil formed in alluvium derived from sandstone, shale, or basalt. The Ildefonso soil formed in very strongly calcareous, basaltic alluvium and small amounts of eolian material. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is about 120 days. The Potts soil makes up about 60 percent of the map unit, and the Ildefonso soils makes up about 30 percent. The Potts soil is on slightly concave positions, and the Ildefonso soil is on the breaks of steeper slopes. The Potts soil is deep and well drained. Typically, the surface layer is brown loam about 4 inches thick. The subsoil is reddish brown clay loam about 24 inches thick. The substratum is pinkish white loam that extends to a depth of 60 inches. r RIFLE AREA, COLORADO • 66—Torriorthents-Camborthids-Rock outcrop com- plex, steep. This broadly defined unit consists of ex- posed sandstone and shale bedrock, loose stones, and soils that are shallow to deep over sandstone and shale bedrock and stony basaltic alluvium. This complex occurs throughout the survey area. The soils and out- crops are moderately steep to very steep. Slope ranges from 15 to 70 percent. Torriorthents make up about 45 percent of the com- plex, Camborthids make up 20 percent, and Rock out- crop makes up 15 percent. The Torriorthents are on foothills and mountainsides below Rock outcrop. The moderately steep Camborthids are on lower toe slopes and concave open areas on foothills and mountainsides. Torriorthents are shallow to moderately deep. They are generally clayey to loamy and contain variable amounts of gravel, cobbles, and stones. The surface is normally covered with stones weathered from the higher - lying Rock outcrop. South of the Colorado River, basaltic stones and cobbles are on the surface. Camborthids are shallow to deep. They are generally clayey to loamy and have slightly more clay in the sub- soil than in the surface layer. The surface layer is light colored. The profile is normally free of stones, but scat- tered basalt stones, cobbles, and sandstone fragments are on the surface. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Some areas are covered with basal- tic boulders and stones. Small areas of limestone out- crops and exposed gypsum are in the eastern part of the survey area. Included in mapping are small, isolated areas of Ilde- fonso, Lazear, Ansari, Begay, Heldt, and Dollard soils. These intermittent areas make up 10 to 20 percent of this map unit. This complex is used for grazing, wildlife habitat, and recreation. The stones on the surface and the steep slopes make this complex unsuitable for crops. Some areas can be reseeded to pasture by broadcast seeding. Other plant- ing methods are made difficult by the stones and slopes. The native vegetation includes wheatgrasses, blue - grasses, Indian ricegrass, needlegrasses, bitterbrush, mountainmahogany, sagebrush, and an overstory of pinyon and juniper. The value of grazing is fair. The vegetation should be managed to maintain wood production and limited graz- ing. Selectively thinning the pinyon and juniper improves grazing and provides firewood and posts. Steep slopes, moderate to severe erosion hazard, and slow regrowth of trees affect harvesting and management. Most of this complex is a prime wintering area for deer. Rabbits, coyote, and a few elk also find food and cover on this complex. Building is limited by steep slopes and stoniness. These limitations can be overcome by appropriate design and construction. w 37 This complex is in capability subclass Vile, nonirrigat- ed. 67—Torriorthents-Rock outcrop complex, steep. This broadly defined unit consists of exposed sandstone and shale bedrock and stony soils that are shallow to moderately deep over sandstone and shale and stony basaltic alluvium. Areas of this complex occur throughout the survey area. The soils and outcrops are moderately steep to very steep. Slope ranges from 15 to 70 percent. Torriorthents make up about 60 percent of this com- plex, and Rock outcrop makes up 25 percent. The Tor- riorthents are on foothills and mountainsides below the Rock outcrop. Torriorthents are generally clayey to loamy and con- tain variable amounts of gravel, cobbles, and stones. The surface is normally covered with stones weathered from the higher -lying Rock outcrop. South of the Colora- do River, stones and cobbles of basalt are on the sur- face. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Some areas are covered with basal- tic boulders and stones. Small areas of limestone out- crops and exposed gypsum are in the eastern part of the survey area. Included in mapping are small isolated areas of Ilde- fonso, Lazear, Ansari, Gaynor, Tridell, and Nihill soils. These intermittent areas make up 10 to 15 percent of this map unit. This complex is used for limited grazing, wildlife habi- tat, and recreation. Because of the stones on the surface, the Rock out- crop, and the steep slope, this complex is unsuited to crops. The native vegetation includes wheatgrass, bluegrass, Indian ricegrass, needlegrass, bitterbrush, sagebrush, mountainmahogany and an overstory of pinyon and juni- per. The vegetation should be managed to maintain wood production and limited grazing. Selectively thinning the pinyon and juniper improves grazing and provides fire- wood and posts. Steep slopes, moderate to severe ero- sion hazard, and slow regrowth of trees affect harvesting and management. Most of this complex is a prime wintering area for deer. Rabbits, coyote, and a few elk also find food and cover on this complex. Community development is limited by the Rock out- crop, steep slopes, and stoniness. These limitations can be overcome by appropriate design and construction. This complex is in capability subclass Vile, nonirrigat- ed. 68—Vale silt loam, 3 to 6 percent slopes. This deep, well drained, gently sloping soil is on mesas, terraces, and alluvial fans. Elevation ranges from 5,000 to 7,200 feet. This soil formed in calcareous eolian material. The Silt/New Castle Fire Protection District Box 236 Silt, Colorado 81652 June 30, 1989 Garfield County Planning Commission 109 8th Street Glenwood Springs, CO 81601 To Whom it May Concern: The property of Mr. Tsuru O. Kagawa, at the address of 5187 331 Road, Silt, Colorado 81652, is within the Silt/New Castle Fire Protection District. The Silt/New Castle Fire Department does respond to calls in this area. Thank you, Keith Crandell Fire Chief Silt/New Castle Fire Protection District • 2u -Q4 cfc9- lniA.±La &-( (zoo-yi-cA_L13- „c„), LA --R / . ak( /4w WRJ-5-Rev, 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. COLO DIVISION OF WATER RESOURCE 818 Centenn Idg., 1313 Sherman St., Denver, Colorado 8 PERMIT APPLICATION FORM (><) A PERMIT TO USE GROUND WATER (X) A PERMIT TO CONSTRUCT A WELL FOR: (X) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO ( )OTHER WATER COURT CASE NO (1) APPLICANT - mailing address NAME -TS (,i,x LA_ STREET S % D A , 5 --ems CITY -11-Q--N-1 v•4t,r~- (State) (Zip) TELEPHONE NO j+n-9- q 1 (2) LOCATION OF PROPOSED WELL County G- 0..Y 7' i e 4 '/4 of the 1) W '/4, Section Twp. `7 �, Rng. 9 D_ W IN,S) IE,WI P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) /SJ Average annual amount of ground water to be appropriated (acre-feet): ,0 Number of acres to be irrigated: 1\) o e, Proposed total depth (feet) : / 0 0 Aquifer ground water is to be obtained from: Owner's well designation GROUND WATER TO BE USED FOR: (>Q HOUSEHOLD USE ONLY ( I DOMESTIC (1) ( ) LIVESTOCK (2) ( ) COMMERCIAL (4) - no irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name L ->< Street City (State) (Zip) Telephone No Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No / Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I.D COUNTY (5) THE LOCATION OF THE POSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + — -f- — + — -} — + — -}- — --I- — — 4� 1 MILE, 5280 FEET ).l f 1 NUK1H StCI IUN LINE r I J z _ r I I I I 1 N o U n F N A., I 1 1 I 1 I O z r cru ITLI CCr•TICIP11 1 IRIC — - — 't I � NORTH+ 1 4- I � The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. 4 + (6) TELL MUST BE LOCATED BELOW by distances from section lines. a S 7 U ft. from sec. line (north or south) ft from a s -)' sec. line (east or west) LOT BLOCK FILING # SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner Ts r •-� No. of acres /6— the sthe only well on this tract? Lj S T.(9 / Will this be (8) PROPOSED CASING PROGRAM Plain Casing 6 in from 0 ft to 6, 0 ft Crin from Perforated casing ft to ft In in from L 0 ft to 1 0 D ft in from ft to `t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): �Y"� T(9-lG a� �� No. of acres: / S� Legal description• (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. MO VS )10( Lti.S D,,j b1• r /1 FIQ.1ct. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. J SIGNATURE OF APPL (CANTS) Use additional sheets of paper if more space is required. WRJ-5-Rev. 76 Application must be complete where ( A PERMIT TO USE GROUND WATER applicable. Type or (71'A PERMIT TO CONSTRUCT A WELL print in BLACK FOR: (>4A PERMIT TO INSTALL A PUMP INK. No overstrikes or erasures unless ( ) REPLACEMENT FOR NO initialed. ( ) OTHER WATER COURT CASE NO COL DO DIVISION OF WATER RESOUR l t 818 Centel Bldg., 1313 Sherman St., Denver, Colorado b 203 PERMIT APPLICATION FORM (1) APPLICANT - mailing address , NAME ThLIR(.).- T /q CO STREET av)0 10. 0E CITY O )U R co 00) -D -I (State) (Zip) TELEPHONE NO y a (2) LOCATION OF PROPOSED WELL County A q rI C%L 10 5'6 1/4 of the /)4L) Ya, Section 3 Twp 7 5, Rng / P.M. IN,S) IE,W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): /a Number of acres to be irrigated: /yoNL Proposed total depth (feet): Aquifer ground water is to be obtained from: Owner's well designation GROUND WATER TO BE USED FOR: (' ) HOUSEHOLD USE ONLY - no irrigation (0) ( ) DOMESTIC (1) ( ) INDUSTRIAL (5) ( I LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name � G C Ill S L' Street City (State) (Zip) Telephone No. _ Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I.D. COUNTY (5) THE LOCATION OF THE PIW SED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + - -{- - + - {- - - -t- - -} - -E- - -E- •• 1 MILE, 5280 FEET f -i- + -f- + + }- + -I- I I I - NORTH SECTION LINE I � NORTH + I I I I — — SOUTH SECTION LINE + + 4-I- + 4- - -(- - }- - 4_ _ - 4-- - +- - -1— + -� The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE LL MUST BE LOCATED BELOW by distances from section lines. /60 ft. from /I6, r/t sec. line (north or south) ala°6 ft. from L),ES7- sec. line (east or west) LOT BLOCK FILING # SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED OwnerrSC.4_?2U.7 UK/4GAIWA No. of acres a the only well on this tract? yes Will this be (8) PROPOSED CASING PROGRAM Plain Casing in from in from Perforated casing in. from in. from ft to ft ft to ft ft. to ft ft to `t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s) : -7-5 CA.. R. 1 . U k A /7 No. of acres: a- • 3 Legal description• (11) pETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. ou--se7-101-0 USE 6A/Ly - 7"--/4n/k /-1-'7 4c/4 iELD (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SIGNATURE OF APPL ICANT(S) Use additional sheets of paper if more space is required. = 2 O = 1 I I I I I N m H U W N 4 Li I I I I H E 2 r 2 + -� The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE LL MUST BE LOCATED BELOW by distances from section lines. /60 ft. from /I6, r/t sec. line (north or south) ala°6 ft. from L),ES7- sec. line (east or west) LOT BLOCK FILING # SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED OwnerrSC.4_?2U.7 UK/4GAIWA No. of acres a the only well on this tract? yes Will this be (8) PROPOSED CASING PROGRAM Plain Casing in from in from Perforated casing in. from in. from ft to ft ft to ft ft. to ft ft to `t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s) : -7-5 CA.. R. 1 . U k A /7 No. of acres: a- • 3 Legal description• (11) pETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. ou--se7-101-0 USE 6A/Ly - 7"--/4n/k /-1-'7 4c/4 iELD (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SIGNATURE OF APPL ICANT(S) Use additional sheets of paper if more space is required.