HomeMy WebLinkAbout1.0 ApplicationBEFORE TIPBOARD OF COUNTY COMMIS•NERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the
Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49,
Thomas H. & Mary K. Odgers anldei
the undersigned Samuel R & Teresa A Potter respectfully petitions
the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution
the division of 204 acre tract of land into Four (4) tracts of approximately _
three 5 acre and one l89icres each, more or less, from the definitions of "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:
Markat demand fnr this Si7P of lot. etc.: please see attached narrative
SUBMITTAL REQUIRIMENTS:
An application which satisfies the review criteria must be submitted with all the following
information:
A. 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;
B. 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
D. Narnes and addresses of owners of record of land immediately adjoining and
within 200 feet of the proposed exemption, mineral owners and lessees ofmineral
owners of record of the property to be exempted, and tenants of any structure
proposed for conversion; and
E. Evidence of the soil types and characteristics of each type; and
F. 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
G. If connection to a community of municipal water or sewer system is proposed,
a letter from the governing body stating a willingness to serve; and
H. Narrative explaining why exemption is being requested; and
I. 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.
J. A $300.00 fee must be submitted with the application.
Petitioner Thomas H. OdSers, Samuel
P (1 Rnx 148
Mailing Address
Rifle
City
970-625-2192
Co
State
Telephone Number
B. Potter
EX EMPTION
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 additional 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 part 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;
B. All Garfield County zoning requirements will be met; and
C. 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
D. 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. Fire protection has been approved by the appropriate fire district; and
H. 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.
• •
SB - 35 APPLIC TION CHECKLIST (TO DETERMINE COMPLETION)
Name Op6E-25 / G t c/2
Copy of deed showing ownership
Names/addresses of owners w/i
200 feet; mineral owners/lessees
Evidence of soil types
Water/sewer 42/2/2kS,E9
Yes
�S
No
(f4,. Out)c<s)
If community water/sewer, letter
of approval from district
Letter addressing fire protection
Narrative on necessity of exemption
Deed demonstrating parcel existed
prior to January 1, 1973
t✓
WAVOUL1-7i/ Al ()
t//e
✓�S
/Jo
Regular or Right-of-way/natural feature
No more than four lots created (if regular)
Zoning requirements (slope, setbacks, etc.)
Legal access to a county oad/easements
v
Adequate water
Quality/Quantity/Dependability %✓b
Legal
Pe6eit LA
(i" (t)
n14/1)w/,//c/%10e2ii
Ce
State or County health requirements cgdAuk5
Additional easements /�2I 6A o ✓ S / (1./G pi tY0
Road o - • _ age improvements 409/2-gS5g9
al assessments ►iJ
gc- /qiT 9rw
/o4
• •
SB - 35 CHRONOLOGY CHECKLIST
Name C91)661e5/ei--6,2
Complete Application v
(see Checklist) at/)
is lacking '/x/,,42'62 //✓�O
Public Meeting scheduled
with BOCC Date and time
YES NO
NEy
Letter sent to applicant
(Public notice, poster, property description)
Copies made of the above documents
Does this application require any
additional information? If so
what
Should this application be sent
to additional review agencies
If so, who?
Staff Report completed
Outcome of public meeting
with BOCC (Approval)
Letter of approval sent to applicant
Resolution of approval generated
Resolution signed by Chairman
Final plat checked against
conditions of approval
Any additional information
s !nee? di
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SHEET 1\1
RIFLE AREA.
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69
44
45
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59
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70
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45
• •
SUBMITTAL REOUTREMENTS
A. Blue line plats are submitted with this application.
F. Vicinity map is on the plat.
Copy of deed showing ownership is attached.
D. Names and addresses of owners, lessees, etc. is attached.
E. Evidence of soil types is attached.
P. Each lot is greater than two acres, allowing individual
septic Lank/leach field systems.
Petitioners own a pre -1972 well on this property which is
presently being tested and inspected Lo determine quantity
available. The well provides potable water which has served the
existing residence on the property since being developed. The
owners also own substantial spring water rights and flows
pursuant Lo decrees in cases number W-2008 and 94CW114 (copies
attached). Additionally, (or alternatively as each may prefer)
Lhe owners of the individual lots will be legally entitled to
obtain well permits for household exempt wells or for domestic
wells. This property is within Lhe Area A of the West Divide
Water Conservancy District Substitute Supply plan and can be
served by Lhe West Divide augmentation contract program. It is
anticipated by the Petitioners that a community water supply
system will be developed for both household and irrigation water.
Each of the lots created will receive a proportionate share of
rights in this system. Additional water decrees will be obtained
if and as necessary to further this plan as the property is fully
developed .
With respect to fire protection, these exempted lots all
border the county road and are therefore readily serviced by fire
equipment. Outside valves/faucets/hydrants will be made
available so that fire fighters may have access to Lhe domestic
and irrigation supplies of water serving these properties. No
plan is being made to provide stored water for fire fighting, nor
has such a demand been made.
G. No connection to an existing community or municipal water or
sewer System is proposed other than as discussed in paragraph F.
above.
11. The lots being created by this exemption are in conformity
with the existing development in this area. There is significant
demand for lots of this size for single family homes. This form
of development and its location on the county road will allow
the price to remain consistent with current market: conditions.
• .
Page Two
Submittal Requirements
I. The predecessors of the present owners (Petitioners)
purchased the subject property in the 1960's and occupied the
entire property until their deaths. No division was made during
their ownership. Present owners acquired all rights of their
predecessors and have not made any divisions until this
application.
J. The required fee is submitted herewith.
• •
IN COMOJNEL-1 C JUR';
GAR 'fE Lf; Couhr !V f P
DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLtt))RADOMAY
Application No. 94 CW 114 l
RULING Or R FHREE
CONCHRNIN(, THE APPLICATION FOR WATER RIGHTS OF
TIDE ESTATE 0p BARBARA B. ROBINSON, Deceased
TRIBUTARY '1'O THE COLORADO RIVER IN GARFIELD COUNTY, COLORADO
The Application in this case was filed on May 27, 1994.
Statements of opposition were timely filed or ailed subject to
order of Court by Ova A. Gibbs, Constance L. Erhard, Gary and
Elaine Allen and Ronald B. Cioninger. The case was referred to the
Water Ret: eree .
An Amended Application for Change of Water Rights was
filed with permission of the Court on December 28, 1994. Action of
the Referee is .in accordance with Article 92 of Chapter 37,
Colorado Revised Statutes, 1973, known as the Water Right
Determination and Administration Act of 1969.
Atli statements of Opposition have been Withdrawn
consistent with the rep1esent.at-ions made in said amended
application as the basis' for findings and conclusions in this
Ruling.
The undersigned Referee has made such investigations as
are necessary to determine whether or not the statements in the
Amended Application are true and having become fully advised with
respect to the subject matter of the Amended Application doe
hereby make the following determination and Ruling of the Referee
in this matter, to wit;
1. The statements in the Amended Application are true.
2. The name of the Applicant is the Estate of Barbara
B. Robinson, Deceased, c/o Dorothy Lois
Geo, Pe
Representative, Route 2, Box 9A, Grand Saline, Texase75140r$onal
3. The changes of water rights applied for is as
follows:
a. SDr ng No. 1, Spring Ditch No. 1
Spring No. 2, Spring Ditch. No. 2
Spring No.' 3, Spring Ditch No. 3
All as decreed
i Torr No on
March 15, 197£3 i ri Case No.
W-2008, Water Court for Div
I
• •
b. The surveyed legal description of the springs
and ditches were erroneous as set forth in the decree in Case No.
W-2008.
c. The source of water is the three springs,
tributary to the Colorado River.
d. The corrected legal description or legal points
of diversion for these water rights are as follows:
(i) tlpring_lifLa, whish feeds airing DitCh N2- 1, is
located at a point 968.35 feet on a bearing of S. 11°31'21" W. of
the Northeast Corner of Section 6, Township 7 South, Range 94 West
of the 6t1) P.M.
(ii) Burin _ifo_ ___2, which feeds Spring Ditch No, 2,
15 located at a point 1261.19 feet on a bearing of S, 53'51'16^ W.
of said Northeast Corner of Section 6, Township 7 South, Range 94
West of the 6th P.M.
(.iii.) Spring J. 3, which feeds , prjnq._-Ditch No. 3,
is located at a point 1523.5E feet an a bearing of S. 70°17'43" W.
of said Northeast Corner of Section 6, Township 7 South, Range 94
West of the 6th P.M.
e. The appropriation date previously adjudicated
to the water right is April 20, 1896. The water was first applied
to beneficial use on February 14, 1897, and has been continuously
used on the land of the applicant since that Lime-
t.
ime-
and irrigation are
springs, which are
The adjudicated uses of the water tor livestock
not proposed to be changed_
The adjudicated absolute amounts of the
not proposed to be changed, are as follows:
(1) Spring No. 1;
(11) Spring No. 2:
(iii) Spring No. 3;
.03 Ot;
.29 cfs
.05 cfs
h. flpring Ng. 4, which feeds .a;f.xul airh_HQ- 4,
is located at a point 1921.30 feet on a bearing of S. 8609113" W.
of said Northeast corner of Section 6. S ging NO- 4 and Spring
D1.tah No. 4 a >. hrrrf•htr aloneci.
'i'he Referee does therefore conclude that the Amended
Application should be granted as follows:
A. The decreed points of diversion of the three named
springs shall be changed as set forth above in this Ruling.
2
-
(11 -IT 1c11 1'-)," ST( II -Ivo 1r III .-. - • ., r
• •
940l' 114
B. The appropriation date and adjudicated amounts of
use and decreed historic uses shall be as set forth above in this
Ruling, being the same as decreed in Case No. W-2008.
abandoned.
C. Spring No. 4 and Spring Ditch No. 4 are hereby
D. Case No. W-2008, except to the extent changed by
this decree, is reaffirmed.
The change of water rights.awarded herein is absolute and
unconditional, subject to all earlier priority rights of others and
to the integration and tabulation by the Division Engineer of such
priorities and changes of rights in accordance with law.
IL is accordingly ordered that his 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:
1/
�, /t(y
)).✓ Vv. )
No protest was filed in this matter. The foregoing
Ruling is confirmed and approved, and is made the ,Judgment and
Decree of this Court.
Water Referee
Water Div -(inn No. 5
State of Colorado
DATED:
r
i'`
1995
BY THE COURT:
bistr.ict Judge
(
1Cc:.eption
o'clock
clilrctt:;, !,earl cll:r
1N TIll; 1)1:;'1'111CT COUJI'1' 111 AND
1'011 WATER u1v1:;1011 110.. j
:.TATO 01' COLORADO
App1JeaLlon No. 'rl-x'008
IN '1'111:; 11A'1"1'1;11 01'' TUE APPLICt1'1'.1011 )
1•'011 WATER RIGHT;; 01'• 1.11VIN 11. 110111.11:i0tl )
AND 11ALUAI?A 1). 11UI11t1:;0;V IN '1'111; )
COLORADO 11 L V L;11
111 1;I,i;F.1'Ll) (:)(ilia
11'x\"1'';" • „'
,• .. C;;iJ� i
1Jia i:,,c,u ku.
UL.0 1 19.0
;1.1 L Q1= c, jl_C71:1ADo
.ti.\, a (.1.1
PULING OP
1ltl'I:ItI:I:
I'hc: above entitled matter h,aviu(; been rcfcrrcd to the unc.lr.r-
c;i(;ned (0 tir'&Lei- Referee for Witter u.i.vinlou No. 5, OLuLe of Colorado,
Ly the 4(aLcr Judt;e of t;a.id Court. on the 25L1,. clay of LcpLe,ubcr, 19?_3,
in acCurclu.itcc with ArLicic .'i of Chapter 11(8, Colorado Ncvioccl
.;tatuLeo 19(hi, tu; cuncncl.-,1 (Chapter 57!) .;.1. Colo. 1965), lu,owu a.;
The Water 11it;hLc; Determination and AlhninIntraLioi, Act of 1969.
And the uncic:rc;1(;11((1 Referee having made ouch ir,vcc;l.i(;aLluu:;
an ACC i,Gccc-in at'y Lo cicLcru,ioc whether or not Lite :;LuL&,ucnLj in the
application. are true and having become fully aclvi:;ct1 with rcopcc: L
to the z;uh jcc L matter of the appl..ication dote hereby make the
following determination and ruling u;; the 1lefcrcc in Chi:; matter
Lo -wit;
1. The LLaLcwc:i,t.:; J.o the application are true.
The name:; of the ntruc.Lurc:; arc :-;prix,(; 1).LLcli tlo. 1,
,;prim; Ditch No. .;prin(; Di.Lcli NO. and .;lirii,l;
Ditch No. 4.
J•
The named and acl(lrc:;;.; of claimant:; arc: Ervin 11.
11oh_i.nou (411(1 IJ,,1•Lu1',J„ 11. ROW. n ;or,, !lural 11ouLc tio. .1.
(iran(1 Valley, Colorado iS1.6y)-
11. '1'lic c.ucu'cc u1' L11c wa Ler io from prinl;t; tributary Lo
the Color -ad() Nivel-.
-
The l.ucaLiun,, of the :;Jo-i.u(;:; whiC11 feed the fuui-
LCl„_r; are to.; fu11u, ;;: .'; ri,i,- Hu. 1 ,. wl,Jeh feedu
--hrin1 1)i Lr_lc N, 1 J:; located ,at a poiul. 110 feet.
4'c:;i. ul' the :jouthew; L Cor'nc:r of :we Lion
h '1'uain:,i,i p
G S. , llunl{e `)I1
;-/(:.;1. i,f the 61.0 1'11. .Thr i nr No.
which
feccl7 ;p i iir- Ditch i located at a point whence
the 0uuUhca:;L Corrtcr—o1 :;ecti.on 31 'J'uwn:;hi.p 6
!longe 911 1'cnL of the GLh P11, boaru North '/'/" 09' hu:;L
1912 feet.. u'i„f, t,r,_ which feet.;; )rinr Ili Lc.l, 11c,.
located at .:.t point_ whence the :;outhwe....L Corner of
'Ton,:,lr i p 6 1;. Range 914 Wool. of Lhe L Llx
I'Pl, bear;; North %<" 1.0' Went ;'.!):.!0 fecL.
which fe.elc„-:„- _-._:.; loCaLr1
.at :c puii,l.
whence .Clic: .;ouL),went Corner of .ecl.:ion Y1, 'Town:;hili
6 ;;. , 11(0111;(: {J' 4,'(::1L u1 Llie (,L, J't-1, hi:orc 1•lorLlt 600
�', ' !ret; L 1'/ter) fry(: L .
(low, 1 JC Intl_ JUU
6.
7 .
The lino o 1�
the water 1.:, irrigation and l.i.vcutock water.
The date of initiation of appropriation in April 20, 1896.
The amount of water claimed fur each ditch is us follows:
_ u_Jnl
Ditch No_ I , 0.u") cubic fool. of water per cecoud
of time.
;l)t_inf,
Ditch Nc,_ ;'r 0.`9 cubic foot of water per :second
of time.
=?J,r�i1 Di Ic1 No jt 0.05 cubic .foot of water per :second
of time.
�,,1�i.1r�:J)i•6c:lr-Nc�:-1, 1_-O..0;�--cul�.ic 1-ooL...oL witLu1:_..Jzcx: second-
01..tu . — —
9. A sLutement of claim and mop of ditcher, Document No.
202)1, a copy of which i:. attached to the application,
win,: filed in the office of Garfield County Cleric and
Recorder, c,howinl; that work wa:i commenced on the diLchco
on April 20, 1896.
10, The water wan fir:.L applied to Lhc above beneficial 113C6
on Yebrunry 111, .1.89'/, and hu:, Leen tined conLinuottoly
Gincc that Liuic.
The Referee chain therefore conclude that the above entitled
application should he granted, and that 0.0;5 cubic foot of water per
uccond of Lime
hereby in awarded
Lo _;l,r• icy Ditch
No_ 1
that 0.29
cubic foot of water per necoud of Lime hereby in awarded Lo i pri r11; Di Leh
No. 2; that 0.0`> cubic foot of water per :second of Lime hereby in
awarded to L>r•:inK Di tc) No. . and that 0.05 cubic foot of water per
oocond of time hereby i:; awarded to .`;1_ 11
r Ditch No, 11 . for irriga-
tion and liveoLock water linen, with appropriation date of the 20th
clay of April,
1896, abiJo .utcly
n11d
unconditionally; GubjccL, however
to all earlier priority rigliLo of othc)•c; and to the integration o id
tabulation by the D.ivi:;ion Engineer of ouch prioriLic0 and changeG
o1' x-igltLo in accordance with law.
1L io accordingly ORDERED that. Lido ruling, c;l)ull he filed
with the Water Clerk and Ghull. become effective upon Guch filing,
Gubjec1 to judicial review
1'ur:,uc1111 to ;see tion 1118--
-20 CR.S 1963
an amended (1971).
11 in further 01RDLI11;l) Mit n copy of thin ruling Gltull be
filed with the appropriate Div11ion Engineer and the Li Late Engineer.
Done at the City of Glenwood 2pringn, Colorado Lh:i:, / }'
duy of 1l. - — -
Lrotest was filed in t111_I r::ilttor
IforcFoing rulln0 in oonl'ir11)ad
approvod, 1.11,d In made Cho
moaat nud Doca'oo of thl3 court.
r 4141 1-
1'ratoa' Judl,o
J 2l./
is
JIi' `1'111; REFEREE:
eirtyip/ Re fierce
Water Divinjola No.
Late of Colorado
S
31.00'
-H IH
/
FENCE LINE
r?..1•C FOU,
WELL
2&IR NGS ARE REL-1T/Vg. T A B R NG OF
27'55 '04" W 8ETW &V THE-, SECT/OV CORNER
AND THE W7/ AS SHOWN O7 THE SURVEY BY NORM
HUNT-DAi D OCTOBER 24 1974.
SECT/ON J7 T55, l2«;
89 ±3' W
- %0� 0 3 ±Laze 3322 Z 3 7-7S, 3772
Gg . ; eR .W W :z 13930
/
7
LINC- = 300 ET.
sir CCRN
J7
SECTION 6
T75 R94W
STUNG STiE
J :« Aez; s sT
71(_. -WS c:;-•77///4/.
27CH=4 2 L. HO 2 LY \
s5rz: ^r7d 37Lirievc.r
..7 2/ 4
) ? -2947
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2 « mz 7 < 3 »y
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it
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f• .
.111
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moi �.00►w
+Ir _I �„�+�•� +
1',
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:iuluuu 0111:111:11 IAu..
al Fiiu.i _.
DISCRIC"I' (Ararat., WA FR DIVISION S_______ , COLORADO
Case No.
APPLICATION FOR ClIANG1 01'' \'VAFEU ItI(1IT
CONCERNING '1.1Il APPLICATION FOR WAFER 1IGIIHS OF:
Samuel B. Potter, Teresa A. Potter,
Thomas H. Odgers and Mary K. Odgers ill Garfield County.
I. Name, address, telephone number(s) (residence and business) of applicant(s)
Samuel. 13. Potter , Teresa A. Potter, Thomas H. Odgers and Mary K.
Odgers, P.O. Box 1.48 R_if1e2 Colorado 81650; Telephone: (970) 625-21
c/o Stuver & GeurGge„P.C.L P.O. Box 907 1.20 West Third Street,
Rifle, Colorado 81650; Telephone; (970) 625-1887
2. Decreed name of structure for which ch tree is sought: (indicate whether ditch, well, springs, reservoir, etc.)
Spring No. 1, Spring Ditch No. 11 Spring No. 21 Spring Ditch No. 2;
Spring No. 3; Spring Ditch No. 3.
3. From prey MIAS Decree:
A. Date Entered March 1_5, 1974
W-2008 and
Case No. .931(I^1ud Court' Dies 5
13. Decreed point oI diversion (include map): — _Clap is tactLefLas Exhi.bi t "A" . The
Decreed points of diversion are set forth on Exhibit "B" attached
C. Source: --Springs _:tribuia.r_y_L4__tha
No. 1--.03 cfs
D. Appropriation Date: __. pr ..L 21:1, 1 89_6_ Amount. No. 2--.29 cfs
First applied to beneficial use on 2/14/1897 and has No. 3--.05 cfs
been. contiouly used s.i..r ce that t i in �_ .
. 11lInuj�
slOilc use Ir1CIIIIIC a description 01 all water riglus to be changed, a nulp shuwiug elle appll3xinlate location ut
historic use of the rights and records orsUIllni tr eS ul records ul-act(1al diversions ()reach right the applicant intends to
rely on to the extent such records exist.)
The water has been used entirely on the property of Applicants
for irrigation and livestock water continuously since the date of
appropriation. Legal description of this property is set forth on
Exhibit "C" attached.
No..11)1' 299. Rev. 9-115. AI'1'I.ICArioN 1,011 1:lIANG4: or )VAI'1ilt 1110111'
11 r:nILn�I I'ubh,luul). 11(32, W ('dr Ave . 1..06ewr.u.1. C1) ((1121.1 --(3(11) 231691111
=1
I',upuscil eh.uTc. (;i) dc>.et the c hanlic tcclucsted. aliernaic puiul of divcnaunitcplaccinent/change of use; (if well, please
list pertinent inluitn,,li„n Inuti well pciniit) (0) location; (c) use, (d) amount, lel uivc proposed plan fur operation (if (h)
dirt' lc) apphcahlc, please give lull dcscripuuns.)
IL is proposed Lo change the use. of the subject water right to
include domestic, livestock water. -i ng, fire protection, irrigation,
municipal, industrial, piscatorial, augmentation, recreation,
aesthetics, and hydro e]ecLr.ic and may be developed into a unified
central water system.
5. Name(s) and addresses) of owner(s) oI land on which slructure(s) is (are) located:
The land 1s owned by the Applicants herein.
S'I'ATF OF COLORADO
ADO
C'OUNT'Y OF _-- GARFI r LD
I. __.SanwelB. 1?otter
verily its conium
.
STUVER& GE RC
13y ;
ci(��(1i1
,,.�� yr r,� All, ���,���a ,, M e_.Li D , Mp s s ih-_____
Y.O. Box 907,_120 West bird Street
'i,«' ,PPI---, ".—o Rifle, Colorado 81650
(970) 625-1887
kik .1 II
29683
talc under oath that I have read this application and
�e Lam=
mue7� B --P f_er
Subscribed under oath before ntu 011 _ JLinu I_.Y._._ _8, 1996.
My commission c\pirus• 1 i l 5-9 7
• •
GARFIELD COUNTY, SPRINGS TRIBUTARY TO COLORADO RIVER. Samuel B.
Potter, Teresa A. Potter, Thomas 1-I. Odgers, and Mary K. Odgers,
P.O. Box 148, Rifle, Colorado 81650, telephone (970) 625-2192, c/o
Stuver & George, P.C., P. O. Box 907, 120 West Third Street, Rifle,
CO 81650, telephone (970) 625-1.887. APPLICATION FOR CHANGE OF
WATER RIGHT. Name of structure and decreed location from Case No.
W-2008 and 94CW114 . The locations of the springs which feed the
three ditches are as follows. Spring_ No. 1, which feeds Spring
Ditch No. 1, is located at a point 968.35 feet on a bearing of
S11.°31' 21"W of the Northeast corner of Section 6, Township 7 South,
Range 94 West, 6th P.M. Spring No. -2, which feeds Spring Ditch No.
2, :i.s located at a point 1261.19 feet on a bearing of S53°51' 16"W
of said Northeast corner of Section 6. Spring No. 3, which feeds
Spring Ditch No. 3, is .Located at a point 1523.51 feet on a bearing
of S70°1.7'43"W of sa.i.d Northeast corner of Section 6. Original
amounts: No. 1---.03 cfs, No. 2--.29 cfs, No. 3---.05 cfs. Applicant
owns lands in Section 31, Township 6 South, Range 94 West, 6th P.M.
consisting of 218 acres on which water is used. Application
proposes to change the use to domestic, livestock watering, fire
protection, irrigation, municipal, industrial, piscatorial,
augmentation, recreation, aesthetics, or Hydro electric and may be
developed into a unified central water system. (6 pages)
The E1/2SE1/4, the E1/2NW1/4SE1/4, the SW1/4SE1/4, excepting a
strip of land in the West end 275 feet wide and 1320 feet in length
and running North and South parallel to the West line of the
SW1/4SE1/4. A11 of the above described land in Section 31,
Township 6 South, Range 94 West, 6th P.M.
Also: Lot 2, Section 6, Township 7 South, Range 94 West, 6th P.M.,
excepting some 10.2 acres that lay South of a line that begins at
a point 138 feet North from the Southeast corner of Lot 2 and
extends Northwesterly across Lot 2 to a point 538 feet North from
the Southwest corner of Lot 2.
Also: Lot 1, Section 6, Township 7 South, Range 94 West, 6th P.M.,
excepting some 8.9 acres that lay South of a line that begins at a
point 450 feet North of the Southeast corner of Lot 1, and extends
Southwester_1.y across Lot L to a point 138 feet North from the
Southwest corner of Lot 1. Also Lot 4, Section 5, Township 7
South, Range 94 West, 6th P.M., excepting some 15.0 acres that lay
South of a line that begins at a point 500 feet North from the
Southeast corner of Lot 4 and extends West across Lot 4 to a point
500 feet North from the Southwest corner_ of Lot 4, together with
all improvements and appurtenances belonging thereto. Containing
218 acres, more or less.
EXHIBIT C
The locations of the springs which teed the four ditches are as
follows:
1. Spring No. 1, which feeds Spring Ditch No. 1. is located at a
point 968.35 feet on a bearing of 511331' 21"W of the Northeast
corner of Section 6, Township 7 South, Range 94 West, 6th P.M.
The amount of water claimed is 0.03 cfs.
2. Spring No. 2, which feeds Sprina Ditch No. 2, is located at a
point 1261.19 feet on a bearing of S53651'16"W of said
Northeast corner of Section 6. The amount of water claimed is
0.29 cfs.
3. Spring No. 3, which feeds Spring Ditch No. 3, is located at a
point 1523.51 feet on a bearing of S70°17'43"W of said
Northeast corner of Section 'l'he amount cf water claimed is
0.05 cfs.
EXHIBIT "B"
1
-
:.-,7/=/:"l
— •r- =L _ L, (_'i. .''lam -.l
WELL
SEAR/NGS ARE RELATIVE TO A SEARING OF
N 27'55'04" W 5E71 /FEN THE SECTION CORNER
AND Ti -!E WELL AS SHOWN ON THE SURVEY SY NORM
M
HUNT GATED OCTOBER, 24 1974.
SE TIC,V [55, R94; -V
`IL:-
IV 6
[215, 4 iV
FO UNO 5 i (_%/
""
BREZIREIZEI
5_ 710;V 5 775
'
7
,.',I v Fir^ >t JS SE, ,a, -:,':'0.
=1= 7/2NC C7 -/C
i RIC1L W L. HOLS.-1,,A71
I�i
ury vcr
4 771 2
1 r,cioredo
i 3 :?) -2 47 1
CALOIA, MAW & Licari', P.C.
A'rl'ORNEYS AT LAW
SHERRY A. CALOIA
JEFFERSON V. IIOLJVI'
SAMUEL. J. LIGHT
February 20, 1996
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
Via Fax
Mark Bean, Director
Garfield County Regulatory Office
and Personnel
Department of Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Potter/Odgers Subdivision Exemption Request
Dear Mark:
1 have been retained by Ova Gibbs, a property owner and water user living adjacent to
the Potter/Odgers property that is currently coming before the County for review for subdivision
exemption request. I have been involved with this water user for some time representing him
on his water matters. 1 have extensively reviewed his water court decrees for water and am
familiar with his use of water.
I note that the Potter/Odgers filed an application in water court, in Case No. 96CW009,
an Application for Change of Water Rights For Spring Ditch Nos. 1 through 3, in January of this
year. 'These springs and the change of water rights is presumably to allow the springs to service
the domestic needs of the four Tots to be created by the exemption request. A copy of that case
is attached hereto.
Please be advised that niy client has historically used the springs (which are adjudicated
as Spring Ditch Nos. 1-3) as part of his Reynolds and Gillum and Campbird ditches. My
client's use of these springs is senior to die decrees of and application for change filed by Mr.
Potter and Mr. Odgers. The Reynolds and Gillum ditch decree, entered in Case No. 1090 in
1904 has as its decreed source of water, these springs, waste water, scrappage water and water
from Cache Creek. I enclose a copy of that decree. I note that there are also several wells and
springs adjudicated in this location having springs as their source of water. Whether these other
G:\ W Pi 1 \DOCS\BEAN2.21: r
[
CALOIA, 1IOU119' & LIGHT, P.C.
Mark 'lean
February 20, 1996
Page 2
water rights may be impacted by any change of these spring rights is unknown but questioned.
1 enclose Herein a copy of the tabulation of water rights for your review.
Additionally, it is my understanding that another water user, Jim Lemon, has an
irrigation water right adjudicated using these springs as its source of water. This water right is
called Campbird Ditch Lenon Extension.
Even though Mr. Robinson adjudicated a right for these springs in 1973 in Case No.
W0008, such right was for irrigation and stockwater purposes only. Some irrigation and limited
stockwater use actually occurred from this right on this property. In order to fully "qualify" for
a change of water right, Mr. Potter and Mr. Odgers must slow that the change will not result
ill the expansion of use over that which has been employed historically. It would take a large
amount of stockwater use to support three households. To obtain a change of water right to use
the springs under their 1973 decree for three single family dwellings, Mr. Potter/Odgers must
show that there were approximately 95 head of cattle or horses on the property during the winter
(using a standard of 1 head cattle/horse = 11 g.p.d. and using 350 gallons per household per
day). My client informs me that no more than 20 head of cattle or horses have been on the
property at any one time.
In addition to the lack of historic use for the amounts needed, the applicant is unable to
provide a reliable year round supply for domestic uses because of Ole senior water rights which
take water from this source. '3ecause there could be a call on these springs, it is highly unlikely
that a final decree would be issued allowing for use of the springs for domestic purposes as
claimed in this case. My client is preparing his Statement of Opposition to this Application.
Please call me with any questions.
SAC:nla
Enclosures
cc: Ova Gibbs
c:AwP5I\DULs\ULANI.II:I'
Very truly yours,
CAI.OIA, 1IOUPT Sc LIG1IT, P.C.
-0-22 -
/a
Sherry A ialoia
Reservoir; Loc;_lt lm: The reservoir i5 located within the West 100 Leet of
Lots 4 and 5 of Caroline Estates located at 919 26 Road, Grand Junction,
Colorado; Source: The points of diversion are two pipelines which discharyE
into Drainage Ditch at a point 660' West of the NE corner of the SE1/4 SE1/4,
Section 22, Township 1 North, Range 1 West, Ute Meridian. Each pipeline
carries 60 gpm, more or less, and derives its supply from natural drainage,
springs and percolating waters. The Drainaye Ditch runs South 60' at which
point it is diverted into the Hartz Reservoir; Date of AgUr.Q2 iattQ l: April
20, 1994; amount: 1.45 acre feet and the filling and refilling of the
Reservoir from the source of supply described above at the rate of 0.27
c.f.s.; Usg: Irrigation, propagation of fish and preservation of wetlands;
DeLaj,Ied Outline of Work Done: The reservoir has been constructed and the
water applied to the uses described above in the latter part of the summer of
1995. The place of use is as described in 94 CW 320; The reservoir, as
completed, has stored 3.07 acre feet which is an increase of 1.62 acre feet
over the 1.5 acre feet adjudicated in 94 CW 320; Late of AnI2ropriatj5?10:
August 1, 1995; How AL?!Zl`QR1-iat1QR_...11ltldted: By construction of reservoir;
Q1tiQUlt9t 12Lhlleti to 115e: September, 1995; aIllotlllt C1 Imes(: 1.62
acre feet, absolute, the source of supply tor which is the 0.27 c.f.s.
described above; Use: 'I'Ite water is applied to the same uses as decreed in 94
CW 320 which is irrigation, propagation of fish and preservation of wetlands.
(3 Pages)
7. 96CW007 - UNABLE TO PUBLISH
8. 96CW008 - MESA COUNTY - wAS'TEWATER FROM GOVERNMENT IIIGIILINE CANALS, A
PART OF THE GRAND VALLEY PROJECT, A TRIBUTARY OF THE COLORADO RIVER_ Grand
Valley Irrigation Company; c/o Richard Butterbaugh; 688 26 Road,' Grand
Junction, CO 81506-1499 970-242-2762. 16 Road Drainline - Application for
Water Rights (Surface). Location: at the west 1/4 Corner of Sec.' 19,-T: 2
N., R. 2 W_, Ute Meridian. Appropriation: January 10, 1996.' Amount:: -.10
c.f.s., conditional. use: irrigation. (4 pages)
9. 96CW009 GARFIELD COUNTY, SPRINGS 'TRIBUTARY TO COLORADO RIVER. Samuel
B. Potter, Teresa A. Potter, Thomas H. Odgers, and Mary K. Odgers, P.O. Box
148, Rifle, Colorado 81650, telephone (970) 625-2192, c/o Stuver & George,
P.C., P. O. Box 907, 120 West Third Street, Rifle, CO 81650, telephone (970)
625-1887. APPLICATION FOR CHANGE OF WATER RIGHT. Name of structure and
decreed location from Case No. W-2008 and 94CW114. The locations of the
springs which teed the three ditches are as follows: aprlllcl No. ), which
feeds a pyin5111_iLc1LLLL_I, is located at a point 968.35 feet on a bearing of
S11°31'21"W of the Northeast corner of Section 6, 'Township 7 South, Range 94
West, 6th P.M. SpJnq No. 2, which feeds Spl-ing 0itQh—No. 2, is located at
a point 1261.19 feet on a bearing of 553"51'16"W of said Northeast corner of
Section 6. Spring No. 1, which feeds Sor.in4 Ditch_N(. 1, is located at a
point 1523.51 feet on a bearing of S70°17'43"W of said Northeast corner of
Section 6. Original amounts: No. 1--.03 cfs, No. 2.29 cfs, No. 3--.05 cfs.
Applicant owns lands in Section 31, 'Township 6 South, Range 94 West, 6th P.M.
consisting of 218 acres on which water is used. Application proposes to
change the use to domestic, livestock watering, fire protection, irrigation,
municipal, industrial, piscatorial, augmentation, recreation, aesthetics, or
hydro electric and may be developed into a unified central water system. (6
pages)
10. 96CW010 PIPKIN COUNTY - A WELL HAVING A DEPTH OF 100 FEET AND BEING
TRIBUTARY TO THE ROARING FORK RIVER. Jerry M. Gerbaz and Dolores U.
Stutsman, c/o Scott Balcomb, Delaney & Balcomb, P.C., P.O. Drawer 790,
Glenwood Springs, Colorado 81602 (970)945-6546. Application for Finding of
Reasonable Diligence and '1'o Make Conditional Water Rights Absolute.
Structures: Stutsman-Gerbaz Well No. 1, Stutsman-Gerbaz Well No. 2, Stutsman-
Gerbaz Well No. 3, Stutsman-Gerbaz Well No. 4, Stutsman-Gerbaz Well No. 5,
Stutsman-Gerbaz Well No. 6, Stutsman-Gerbaz Well No. 7, Stutsman-Gerbaz
We11 No. 8, Stutsman-Gerbaz Well No. 9. Original Decree: November 4, 1981,
Case No. 8LCW116, Court: District Court, Water Division 5, Colorado.
Location: tutLtan-GerlbfLz is located in the SW1/4NW1/4 of Section 6,
T. 9 S., R. 85 W. of the 6th P.M., 2340 feet from the North section line and
300 feet from the West section line, of said Section 6; S41ltslnnAI1-GerlZ. Well
ij is located in the NW1/4SW1/4 of Section 6, T. 9 S., R. 05 W. of the 6th
P.M., 2900 feet from the North section line and 160 feet from the West
section line, of said Section 6; S/uiSntt1B-arbaZ Well fl is located in the
SW1/4NW1/4 of Section 6, T. 9 S., R. 85 W. of the 6th P.M., 1530 feet from
the North section line and 920 feet from the West section line, of said
Section b; StO mndh-Gs1[121;_Well d4 is located in the SW1/4NW1/4 of Section 6,
T. 9 S., R. 85 W. of the 6th P.M., 1890 feet from the North section line and
1-xigns,
1. ninety
liugs and
.1r1' con -
111 day 11f
> ,uiljcta
-1 Of this
hying
0111:
:11,1 Court,
11ct11fo11cr
111,1 i1 ap-
1,1,11 1111111:5
11011 51111
notice of
1111 Court
111,1, tully
1111 of the
:20112 or
and Is also
right used
';pal source
e southeast
T. 6 S.,
:.aid waste
Conley and
orf: 0f c011-
.\. D. 1393,
etc, acity of
111(.1 by the
;11411 opt. Iatloll
heat 51:(1)'
11 l..;1( 111.' land
is entitled
soureet
soled to No-
1;11 No. 45-
111:11 the 511,
; herebr
and that
11111 for the
of water 1'd,.
• •
Anil it is Eur Ordered, Adjudged :out 1)ecrcell, that )211,1111};s
I Illi:, decd.). ,uc -,11111,:121 to 111: .,1111: 111 1121.2,1112 .1011 .',-1111lllow( I...1) .121 ,.011
111 1111: i./1-.:111, 11 ,1(1:11:(: 111 11115 Cutlr1, 111:r1112 .11111 1'111011211 011 111,'. It day
.1 \I.1 1', A. 1), 1 '111 1111: 111:11 1 CC 111 1111 :11110111 .11011 01 111,' 1,1101111 111
111 11112 11211.: 1)1 11•:11121 11.1' 111';14:1111)11 111 \\ 1111'1 1)1,11111:1 \1. 1:1,•' .11111 1111111,•:. 111,11
1111:, 1.1211:1 2,1)1111 111 1.111:11, 111:121111.11 .1111 111111 10 111 111,)121:1 a 1111• 1/111,1 .11111
:111:) 114111: 111 .>11 1:111111112 I11)1112, 1':; L:dlII7II,,1 .:11 11 .1.11,,,1 I,c 1111, ['.11;11 111,111'
111:111 61121 Y 12II 111111' 111 1111' 1121112 111 110 111111:1 01 1111:, 1,1,111 1,,)11 11111111, 1,1 1211
\;•11
0111, 1,101. ,1, ,1v!d11I 111 law
A1111 11 is 1111(11121 l)idcrctl, 111.11 1110 1., 1111011:' 11.112 111(: 1.1„1 , 111 111:,
1121)1:121:11111);.
'1
(1) IN -I'. SI I t' \I.\"1' I•:. -I(id
:;r.
I'ItIO1i1'1'Y NO. 1111 :1.1.1:12,
.II1CA I..:1' \V.\5'l'I? \V.\'I'I'.I) I)I'l'CII
PH1OCtI'1'Y NO. 119
\\1 E'I' % 1': L, 1) 1'1' 1' 1 1
l'ItIOl•t1`)'Y NO 1 11) 13
I:I:YNOI,I)S :\N1) (:I1,l.l.'1\I I)I'I'CII
N.° \V 011 t)2;S 31st 11:112 of \lay, -\ 1) 1,,111. 111.: 'III," 111:;11.; 0111: 11f t)21'
)1111d1ca1 day:, of Ibc Nuvcnl Ll: r, \. I) 1X11.1 1012111 111 scud l 111111. 1111:
al.. .., cn1111211 mitt tcr 1:01111111; 011 reg11:o 112 lu 111: 1112:1111 1112 1)2c COW t, 1111
dn: 1,111.1uner5 11)1(112arfn5 111 11121120.11 ;u(d liy Edward T. 1%1 3'101, 1'.,11., 111:11' a11orn12c,
111111 1111: reslo11dclts appearing a 1111 2) 1 auil by 6.11//1115 1'. Caswell. 11,2111.,
their attorney, 1116 it appearing to the Court that due Hut Icl: of this proceeding.
tis bccn regularly 5121vcd 111/011 the respondents 1a111es NIc(.atcy a1111 Gus
\\ eizel, and it appearing to the Court that Saul parties are all that are interested
adversely 012 c11(21led 10 11011(.1: of this prOece11t1g, and 11112 C01111 having heard
)he
testimony and the arguments of counsel .11111 11c1ng nuts fully advise() ;n
the premises, 1)0111 find :
First: That 1111: (1121;11011121, 1112)1211 (;. hcVnullls, is 11112 liwner ut the
S. \\'.3 S. F..A, SQL:. 31 T. 6 S., 11. 11.1 V. ; and duel the petit Miler
1011•`: \I. Gillum, is the 01211121' of the 1N.\\'.'; 12.1.1?.A, S,:c. 3t, T. 6 5.,
\\ nut (pus A. Wetzel, who is also a (1c 11t;u1cr herein, Is the owner of the
�.I. N.\\'.i, of sail) Scc. 31. T. 6 S., lc. 12,1 W. ; 1211 rcsponilent, 1;Imes
1. \111'arey, is 11112 owner of the N.E- 5.1 .), 1f 5o12. .;ti, T. 6 5., 1:. 95, 1(2111 (111
of t)2c 5.11/.:;, of Sec. 31, T. 6 S., 11. 12.1 \V. 6111 1. \I. ; which
swill lands arc Situatctl in said Water Ulstrict Ni..) 15, 111 situs! County and State,
and arc 5011112111 111 large hart 10 irrigation by the ditches and water rights
hcre;nafter referred 10.
S12c0ud: )hat 111e (petitioners I:cynuids and 111111111 arc the owners
of what is calk)) 111e ltcynt>IdS and (;1110111 1)111211 ; that 1)212 )2ca(Igale 0f said (filch
I5 situate ;t said Croupy 11(21 Slate un the west haul(. of Cache Creel:, front
which said ditch draws a portion 01 its supply of water, 111 a point ahout 46/
feet -milt ut the south quarter corner of See. 32, 'I' 6 S., R. g 4 \\l. : that
eaid 12)1 taus 112111121 weSlerly ;tut) north- wcstcrly and 12111(11;es Into a natural
Katt . ay or c1anucl which 1:1)111212121 file wa5tc, seepage, Spring and Sc11)1114c
M 111.: . 110111 the eau1211125 of Will IS 1;.;s51212, being the ;S.W.; of Sec. 5, T. 5.,
i2. 1) \V. ; 1)11 land of Ira J. 11.5111, b12i11g 11112 S. E.) N. E. 3, N. I';.1 5. E. i, Sec.
6, I. ; S , lt. 6.1 W.: Ilse lauds of 1. 1). Evans and Charles Evans, being:
• •
5 1
\\\ \\ `,1 I9-1 W.
111, 1.Iit,10 01 It. 1"4. \V 1 N. N\\'.6, T. 7 S.,
1: \\ iithei 1:111,1, 111 111,11 ict1111), .11111 11 111, 11 a .11, 10 .110' :11: 011/11V011flak.11
11,,01 I.y p..tit loners 151011gli
1.y ,i11.1 C.11111111 I 11111 .01,1 :11'
11,-ir And 1> ei Liu> laic; als 11 1>>>>> ti,itttral witict -wa‘
ki 11111 1011 01 1.10•1: :•,1111 1.11141, . 11i:11 11111.1 .LI 111 >1 11101‘: 111.1iii
1141111W,I>>>I>1' WiCli1''1-.11,1 11111>111 k.-.) :11011,' 101 1110 11-1-11....1:111011
111:1. 0.11,1 1:0111S .1.1111 111 W1111.11 0111 11,1110'1 1110 0.1111 111111111 1101 W011/.01 11:1V,:.
Lally 111101.001 ; 11101 111:11. 11:11L1 101...111y 10 :1100 110 0101101 dt certain
springs to which iloite 111 the 01.111:i. till CI,1;IV, 1110 111100k:.11. 110)1.
W01 -1Z 01 (.011:111LIC.110ii 111 IIto00111 1.CY1101(IS .L1111 ilI>i>i>DILC11 \ V:1,1 Callilihnieed
1)0 1111: 15111 WO' 01 A1)111, A. 1. 191)11, :,11,1 1 he saint' wit, c.)11,1 ructed and comPlet 0.1
and has ever since hitherto used for the irrigation of the lands lying there -
111r (0116 ;111 1.0:1',1 1+,1,11110 1 ,1)10. 11W 11'111111 Y 11(11110 01 1)0111 o! said
petilioners to the waiers of Cache Creel: and the waste and seepage waters
hereinabove referred to were initiated 111011 and arc eiiiilled to date frorn the said
istlt day .April, 1). i0o0 ; that the appropriation 1>y the said petitionQi.
Reynolds to the said siirnig her sole and individual water righ 1 anti ap-
propriation, hut is :1 pact of i he ,t11Propriat ion and priority licrein decreed 10
the said 1111101 60 and lAtcli, Inn i5 not subject 10 the prtority rights
of any of the oilier 11 10)11010 herein ; that of ill,: said lands belonging to the
said 1:ey11olds, about 1I0 acres is subject to practicLI irrigation front said ditch,
and about bo itcreS thereof is i11 iiceselit under practical irrigatiOn; that of the
said hunt belonging 10 the said petitiorksr alitnit. 35 acrr!s is practically
irrigable 100111 said ditch, and ol tins 011100111 about 00 acres is 110w being
actually irrigated ; that of the said !and Itclunging 10 the said petitioner • 'Wetzel,
ahoi1 10) 120 is stihjt:ct 10 1,110110111 irrigation iron> 1110 \ Vet zei
:ItLoe 'tcri'ed 10, :1111011111 i1110111 1:11 acres are 11611.1 bciIlg actually
11116.11 0>1 ; that 01 the said land liclinigniu to the said MCCL11-yo 111)0(11 -13 acres
1,-; S1ll/JC01 to irrigation, and practically all dun euf is now so irrigated, 34 acres
of which is being irrigated I ruin iI> I cCarey \Vasie \Vatcr Ditch and the re-
:it:tilling 5
:'os rigated by the :\ I .._Carey Spring hereinafter re-
frred 10.
Third : the petitioner \\/etzel is 1110 owner of what is called the
e
\Yetzel whieli is used for iltc irrigaiiini of his said lands ; that the
it...0tIgate of said ditch is situate iii said County and Slate on the northerly
side of the above .lescribed 11111111.01 channel or water -way, trom which said duel'
its supply of 01111.01', at a point near the center of L. -aid of said Sec.
. '1' 6 S., R. 9.1 W. ; that the ru6l ditch 11011105 15 supply of water front the
\\.aste and seepage waters that cclIcet in said channel 110111 the ranches herein-
ahove relerred to 111111 1110 woi 1 if construction 0) said Wetzel Ditch was begun
01, -the 1 3t11 day of April, .1. I). iS9o, and the sank:. W/10 0011S11-110ted and corn- -
plei.cd, and has ever 01000 hitherto heen used for 1111601111011 purposes said 11;
pt-tttioner 011111 all reasonable diligence ; and that the priority rights of said
petitioner 111 the said waters were 1111011 Z11111 111110 11-0111 1110 Said last
11111111,11 date.
: Thai the said I antes i\ I eCarey is the ownrsr of the 7.\.(cCarey
\Vas1e Water Ditch ut.:ed for the irrigation of his said land ; that the I1ea6:.-;a1:.::
of said ditch is situate in said Count y and State 011 the west hank of the Said
11111 11 01' 01111111101 hereinahif ve referred 11), 110111 W111011 111111 1111011
11101)0.0 its supply of watcr at a 1101111 110:11' 1110 001)1 101 portion 01 the S.
aiISec. sj 1, '1'. 6 S., 1(. pi \V. ; that llie said ditch derives its supply of
ater from the seepage and wasle 01:1101'1, 111:11 C>1!0t 111 said 0110111011, and also
1)01:06100 1011101100 and the adjoining lands to 1110 south and scoYi:itli:e\arl;tiei
ctil.cof il0;11:01
6.0111 the seepage and waste waters 11>111 theC011l0y,
said lands o1 said petitioner i\lct:arey, ;11111 also Loin said spring's adjoining and near m'
to the said lands of said ill et.:arey , and which ;ire liereinabove referred to as
47' 11.44td"k'
4,11dt11,'
24% -
ovoltr,
2
r.
1:1
'4'f'
•
III
,,I
Ic
tt
ry$"11441
i, 4
/
7. -""gyp
•
.,1 111.1 111'!„ II.:' ., ., •I. 11;, ,I,. 11..0
I
,I1, .,I'_ ,ti .I -,inti,• tilt 1111 ,11111 .,,,, ,
1 'I
,111 111 .. , .11 1'
1111111 H. .II.11. , lit!,' ,. 'I. I Ili;nl 111.
111.1 '1 •I1 t1 111 III 11.11.
•.1 I: Ll!11 ,' ..1 '11,11 11.•!11 III. .,L':. , .111.1 ,tilt, r II, -';rte 111 ..�.I '..11.
n ...I
11.11111C! i„'113\' \1 II,• ,' they .II,
:.'.1,.11111' •1 .. 1111, '11 V.‘ 111
..I 1,1 1110 .,1111^ 1.,'111 It, 1111:. I '.,'IHI.
1;11111 1•:1.11 IIIc .1111 111, \II:11;11.1.11 \\'.Ii (1: \`, :Itr: I )11..:11
11111111
N"1" 1" -i ,,- 1 .\.\.\.\, .11111 l'11•,r11 •.- \,•.- I ly \ A.1,.\.\. Itl ::I I,I 11,111f .Ilnllli:.
1 tilt: .;:11.1 ,-III ,lac t.l \1,111. \. 1) :i,
,.. 11,,1 .. , 1111,11,1 I. .111 cl:l,r.lt 11.11 1.111
11 (Li,: 1,l 1111•.'11111 ,:,,IIiIrLl1tlttll .,I :I, ,:111,11 ,
I.. :II 1,( 111 .0 1:1. 111:. nlnlutl� .n
Illi, ,.I Ill,' ',1,11,'1. .11 -.11:1 11:1,111.,1 111.1111111 11"r!•, .',1 II ,,1:1 III,: '1:1,1,'.
1111}; 11.11.1:. 1111( ,•i 1..'I 111 .': 1'111 .I .11,111:; 111,- Lilt-
•I ..11t1 ,1111:; 11-•,PI.j'.I. III.,,
.1111 .11,1,1.,1.11.111,.11 111,1111 I,. .1•I:1I1:C,I .1., I.11t
111, ::•I IIIc :1,1111 till:•
11'111 110111 111,' 1•.1111 l ,hill'\' .111,1 .IIIICH' 1J.I •:cui I:ICrllr:. Ki1IC!1 „1111.; 111011-
.11.1 .11C 11.1 .•111,1'1'1 tt) 11:,11 !,�• 111.1• ,1111:1 I)l:I I 111111•:, 11c1Cll1:
11111 (11:11 -,,II.i
11111:!1 1n
., Ir ., ,:11(111111 I. :1 1111 1.11t.-1 -1111),'11111 CltI0H1 .,f
II•I,: 1Ccl of 11;1,,:1 ,;U 11111111[.' ,.1 11111,' :l1 .I 111.1 -1.11,'. IL..,IIl 111.1 l -
,.1111 \I11'.u,•�
111111 1. l 1•,111 111 11:1. >:I i,l :, 11,1(11)11.111,)11.
1111111 i; 1:111116,1I 111: .\-\.\. 111111
•luc \•., 11.1 .\.\.\. in itt.1 ,r II ,trlt-t' 1111
-nl.l 1 _;til .I I1
1. -A. 1) ..i.1., :111,1 11, 1111111-•I IU.It
.111 -t:,;;1 _1111
.Iltltrultrl:11 It11.
.Ii 11,,11 r .11 'u
11111,
t, 11111:111,: 111 ' 1111, :10111 I1:• :',1,1 .,,111 1 , , 1
.1 a 1111 1
11in1.1,
IIn1: i t.l .1( 1.111'1 1,. :1;1111111 „i ,111111 „1` -
:1,,l ,111.111111 -11.111 ,.nlv
• '.1 111,. 1 .11 141:1, II,:.II .11.1.11.. :'1111111 11.,:1111,1 .II III,':,I.l 1,11:IC1 nn,'.
:III.
-1.11.11 lilt: :1111 !,I:c11uL1., .11111 1ti11111 1) 1: i n:ltic,l 111 1)c 111
11,1(11 111.101.1n.\ :1:IJI':'_,1
,,. 1 1„ I;. 111 111,1 w:u1r tllaliil'1 1111, .i ,1:11 , 1
111,1 1 ;111 .i:.•:
1 Ain il, A. 1). 1.100. ;11111 IS 1-1111(1,:11 10 :111-
:1111'1:i)1,1I:ItI1,n u[ 1'
,.'1:1111: 11el 111 \1-ur;-
ICi 111111111, l,t Illlir.I \\'1111'11 :IH11ut1111 - • IJc(
rntiticti Co !n: - 11111 I:II:I IIt:
1 crcltl :11 ,.,Ilu1 i . ::1111 1:c) 11.1,1 :11111 (i1, ci Lie
l:;iuulc ,11111 L1cr
s 11111111,:11 . L,: :1\cal,1,1 l ,.tl1 1) Lill,' 11111111 11112 11, u,:fICl:;l : 1
11111 :It 1111: , ; 1)Iicallo1f
.;1.1,tiiI•,I,rtl 1:111. \I'IHIIIn ;1 IYJ:1'1111:1111 1II1IP
11111 1- 11111.1,; fct:t u1.
:CI 11111 1111!1il 111 I1111, 01 V1I11e11 :I)>,.;rr'- ;l(1- :Witt l)Iti111111111 111:1.11}'i 111 11111 ajll
'11,(1111 (:11111111. :11111 1,1 Ilii -.I I.I :1111,11.1111(111011 1 1:111111 i dyt 111.1- 1111111110 .1i::
!I 11.11 (q 111: .Ic1.(11:1.11 :11,;t,1ur111 .11111 1:i 1.1111c iccl 1111.'111,1 runt!i(il,unllc
I:,-an.1.1t, :11111 (,11111:11 11 11111 :Ilt1 1111111 11:1111 111 ,;11 alit.
• 1.1 resl.cc111vc .,C,-I:;I - Iii CYClllltlrl . 1,1,1 1.11111 i11' I I^,:II:,II (. 111111'
11.
•
.111 11111111 ,Ii :t ,1:11 [ 1,i ilii- 1:11,1 :111111'1,111I:I11011:ti 1111 a5:ll is l l'il .jlIt.11/1 ' 1I .\,IIILII,I'`
!1•
11110 111 •.1'Iit,:h she le 1111: •:11111 1,w11,21.
Lt is tllcrefurc Cou,lcicrcll. (J lcrcd. Atljuclgctl anti Uct:recd by clic Court.
111.1, 111,: .>aill .A1111.111>' \Watt: AV'at1:r I)ilcil Le, :111l1 the :,;11n: j.i Hirciv', 1111111111 -tell
.\.1-\-\:\, with 1' Ilurjry 119 \.\.\.\.\, :Intl that there LI' ;111,111.1:11 11) i1011-
1tIt.1 �ai,l .1111111 1,11 jl 1.l d tIl)u 1,urlttl-1::-. :Hill 11,1 t11e 1.1,d :1111 h1:u1-ii( 1,i (111: t1,11,1
.111 r, I1un1:, .1'. \11:Ca-cr
Ins 1111111 ,1111 :t>in;us. 11(,111 11111 .\Icl•.Ir•. v
111: 1 :1 1,i 1y,1111 1111 III111ute 1,i 1111111 :11111 11.1111 11112 V1)IiU :11111 Tel1):1!;,: 1111.'1h
.1 CltlIt:l:t in the nalur:ll ch111IHicli 1:11111111 11y 11111 Iiltill, 43.6 u I is Ict:t 1,t \111111
111111(111 „1 (1111,1.1'Itl,.'1
11 1• (11:,1 Iht: 1..11,1 1„ 1111,,11, r -,111111,
1.tllly 11,,:1"11.1.,LI:1111 1111 :::1111 .11111ru1,1..11i.n 110111 111,: 11,1,1(L.II .L 11a 111. �:11I111
111111 l; Wl1C). C.I111II�
!1,1111 Ih1 1 „nl,) au,l .111111 rant Lc� au,
1 CU11111111� 111 ;dill
.1111
•
IIt
-a6
sus
791
1350,
��`r'.,k•^���)�•aYc:;"1'�yt.b. 11;14
Pc"4"- .P^Zr—
tit
111
is
• •
4111,11 lard along the ilattiral •'Iclunrl:, 111,1„'11 111. et,, a1 1,111111> hrluw 1\'11,•11' ilk.
01 110i 10111 1011, 1'r'. 111 n lu :111 CAIAA111... of div, 111111; .111,1 using 11: 1100 1111;,turlt
1.1:11' s,tl,l ,II1Cltcs.
11 1's till 1111:1' 01 del A.djudgell .111,1 i)ecreed by the Court. ;liar the
11,1 \Vet,:el 1 tit, 11 lie, .111,1 (tie : mile 1., Il, 1',•I,\ 0111„ r, ,l \.1 \. •.01111 1'1'111111
\o. 11,1 .\:\:\. .11111 111,11 IholC hr allowe,l 1,1 11,01v 1111„ said ,111.:11 for 111'1 111110
l,nrposcs,
Mitt f1.- 111,, I.)1,0 1, 1).111 ,1 ;h, •nl 11,•111',.1u, r, 1:115 \ \\
III•: 11011'5 :aid a:c,1';11 , )t1 , t1101: 1001 111 warn 1,1 r u1i1l10 111 11:11.: 01 1110 wars [0
11011 secpagC ‘v 11101's 111at ,:111001 in 1110 n.011r,11 011:111001 frons w110:1 aid (111011
Craws its supply 1f water, ut which amount .:t 1:uhi1: het of w:11'1' 11,1' 11111111/0
of lints is 1101'011), dcCrcctl al,:;nlutrly, ao,l 15 ,',.1110 i,',:1 11 \\•:ter p1 r minute
of time is awarded conditionally 'inion the henet':1:i:_I application thereof ;it the
established ratio within 0 reasonable. tints.
And it is further ()rcleled, Adjudged and Decreed by the Court, that
tl:e said Rcynollls a11t1 (;1110111 1)11011 he, and the 1'a ne 11,,rcl.y numbered 7 11,
w1th Priority Nu. t t9 ti, 11111 11,11 111000 1;0 allowed to flow into said ditch fur
irrigation purposes, and for the u: c and l e)Cfil of the said petitioners, their
heirs and as 1300, 17-{ 011100 feet of \eater per 01'111110 01 time ; 01 which 01001111
the said petitioner 1:0)01111; is entitled to 132 cubic lc, t per minute of time,
;111.1 the said petitioner 61111101 .j' cubic feet' and that til said :1:0011111 belonging
said Reynolds 7 2 cultic Ieet per 111111110 is 11rrcby decreed absolutely, and
11!0 remaining 61) cubic Let per nmi111110 is awarded conditionally upon the 601 0-
ticial application 11101001 :t 1110 estal:lish0d ral10 W0.11111 a rel1ouable time;
and that tit the petitioner l:illunl's interest in said appropriation 21 cubic teres
til 1)1110' 1101 111111010 01 11111d is 10010:6 absolutely, :11111 IS cubic feet of 500ter per
01:01110 01 bras 10 awarded conditionally 119011 cite benelictal <tpplicatiun thereof
at the csutblisllctl ratio \)1111111 1 '0:0002110 111110
1'rovided, that the said petitioner Reynolds is awarded the exclusive
right to 110 springs hctetulure 1.11 by her, and the entire flow of said springs
shall be consid0006 a 111101 of 1101' iutcrc:st 111 11115 al,i11001/0tat1011 ; and she shall
only be perluitt0tl 10 draw 1'1110 610110 1.1001: ;:1111 :110 waslC and seepage water
supply in said Fiat 110;11 c11:tu01 Lich amount 1'u may be necessary over 0101
::hove the Ilo10 of said spring 10 0111.0 up w11ale 'or propor11011 01 her said
32 cubic feel of water 10) 1110 00 of 111110 5110 may be entitled to for the il-
ligation of her said land_, or such poi tom 11ereof as she is beneficially irrigating
And it is further Ordered, P... djutlged and Decreed by the Court, that
these bindings and tllis decree shall 1,0 subject 10 the prior vested decreed rights
Lit 11)11010 as provided( by law, :11111 is :11.0 subject to he 50010 conditions and pro-
visious as are cuuutiue,l 111 1110 1;010'1 al 11001-00 (if 1111s C OL111 1111110 1011 entered
'1° till: 5111 day 01 May, .\. 1) 1555, •'ln 1110 .001101' 0l 1110 adjudication of 1110
priority of rights 111 the u50 of water for ilrigatiou to \\'ate. 1)isniet No. -t5
[1 is further Ortictctl, 11111 11ti
0 peli011015 1,01010 pay the costs of 11115
proceeding in pt. °111)1100 to 1110 les 11011 ve amounts of water (10'1'0001 10 ciCll.
JOI1N '1'. 5111.7\l -\T1 , Judge.
1'[t1011I'PY 1V0. 119 A.AAA.
J. 5 PC)I''t'1,;1L 1)1'1'611
Naw leu Chis 1.111 day of Mauch, A. 1). 190-1, the sumo being one of
the rug01ar juridical days of 1110 Noveniler, A. I). 111°3 10101 of said 60101, 1110
above cnlitled matter coating on to be heard by the Court, and the petitioner
appearing iu person and by 611waril 'l'. Taylor, 6011., his attorney, and it ap-
p,•ariug to the Court that due notice of 111s proceeding has 101'0 regularly served
upon the 0101110 Creel. high hone 1)11011 Company, W. L. Sinit1, P. \'(.. 'Poland, -
11x, r vr,gyn
folk ?+; 1irOln yy1 33i�fi 464444
1'., G•• ,;w
:ivislcn 5
SORTED BY R? I(E-4), T 4P(N,S), SEC" -'I25, Q160
L0CAT ION --- Use Dec=redU91j
Cty Q -Q -Q Sec Ts Rng R4 C, -r+..“‘ ?ncunc Tyco
,0 4 Nara' of Structure Strutt ------ Stream
Y4ne
:5 957 'IRAHE RN SPRING NO 11 S 39 Ste- AND WASE
:5 958 TRANERN SPRING NO 12 S 39 SEEP AND WASTE
.5 959 TRAHERN SPRING NO 13 S 39 x--.- AND WASTE
75 960 TRAHEN SARIN; NO 14 5 39 - AND WASE
:5 962 ",RA}ERN SPRING NO
39 SEEP AND WASTE
.5 963 1R5p14EE0N SPRING NO 05 S 39 SEE AND WASTE
-5 364 1RAI ERN SPRING NO 06 S 39 yes ?M2 WASE
45 SPRING NO 07 S 39 SEEP AND WASTE
5 SPRING N'0 07 5 39 s AND WASE
:5 366 TRAHERN SPRING 90 08 S 39 SEE? AND WASTE
45 967 ' RAE:MN SPRING NO 09 S 39 SEEP AND WASTE
3 39 AND WAS E
RLNG
45 1086
45 1086 SWC+ S S 39 EEEP AND WASTE.S.' � SPRING S 39 Sr""-._ AND WASTE
m
45 1CSb S+�" t� 39 :� AND 348135
45 :081 SiWELL NO A
1 W 1 OL
WELL NO .. AC:O. RIVER
5.E
45 5085`�24CFHHSE32 2 1 =CRAM RIVER '15 :� PUMP PIPELINE ;A L.?
:9 715 35511E gMQ ?IPSKE NO 2 i2 1 C RPJE3
45 694 MCCCINU BIRD DITCH 0 7 CACHE 'REEK
BIRD DITCH 0 7 CACHE CREEK
-5 594 ',‘'-122,EN7 7 C?G'E K
5 594 K.3 BIRD DITCH
p 7 CNCHE CREEK
45 634 ?CL`�G 37310 DITCH`R�t
,5 594 -(X2 O 7 Chi. 03 BIRD 0E774 D 7 C4✓ -Z CREEK
-5 594 ;.f.0 IC BIRD DITCH
EEK
.-8 E51 ?MP i ?L [2 1 OLMOR.N2) RIVER
:9 352 31,Tri 23' OMP 1 ?1J. RIVER
:9 714 �r>G �T� 07 s-• .,"{E NO 1 :2
'9 714 5 PUMP PIPGELINE 3 1 12 1 COLORADO RIVER
:5 726 ,01112{ SIC i NO 1 2 3 D 3 16 Sr`RI).0
111,
:5 r411a.H SP NO 1 2 CD4? L 512 16 3PR7i0
:5 lEINSCH DITCH NO 1 3 16 321.?"G
-4111..1-L2"S WASTE 0 0 16 SRIIG
-5 1035 :'LCKE D HUDRBALM DIV O 7 CACHE CREEK
45 1035 56)22RD 5133525031 DIV D 7 CACHE CREEK
,.5 1035 K�5CSRD L BAUX DIV D 7 CACHE CREEK
.5 1035 MDCORD H[2RBA M DIV 0 7 CACHE CREEK
+5 1071 .w, BIRD 0 .4112.2 DIV ?r 0 7 CACHE CREEK
=5 1071..LAY BIRD 0 J1i.bR DP/ PT 0 7 :CACHE CREEK
4 16 SPR32G
45 ;075x01'2 n,;.. W 16S�2T:G
45 5004 SCOTT WELL 5 2
45 5114 3RANDYW1NE WELL 'A 16 SPRING
45 5116 WITS KEEL NO 1 4 16 5PRT*G
45 3628 WATER ROLE GEORGE W 16 SPRING
45 5034 EMS ATI 'A 16 549.110
.5 5252 MITCRFTI WELL '4 16 S295G
-5 5064 543LID WELL NO 1 W 16 SPRING
45 1124 345000 PUMP AND 2022.255 r.,2 16 SPRING
.5 539 CANARY BIRD DITCH 0 16 329513
45 539 CANARY BIRD DITC4 D 16 SPRING
=5 539 CANARY BIRD DITCH D 16 SPRING
,5 539 CANARY BIRD DITCH 0 16 SPRING
:5 539 CANARY 3IR0 DITCH D 16 SPRING
:5 539 CORY BIRD DITCH 0 16 SPRING
=5 539 CANARY BIRD DITCH 'D 16 Sr5"r'
_ 45 539 CANARY BIRD DITCH 3 16 329203
23 NRSASE 29 6 S 94 W S as
23 NASA -SE 29 6 S 94 W S IIS
23 Sc3c... 29 6 S 94 W S TSS.
23 Sr. r 29 6 S 94 W .S ITS
23 NRNESE 29 6 S 94 W S MS
23 gENWSE29 6S 94 WS�S
23 HENASEE 29 6 S 94 W 3 IIS
23 SENWSE29 6S 94 WS SS
23 86334435 29 6 S 94 W S 05
23 5'34.35 29 6 S 94 W S
23 5ENWS5 29 6 5 94 4 3
23 SESESW"9 6 S 94431
23 SESESW 29 6 S 94 W S 25
23 .`..^_ter -s7 19 6 S 94 A S 25
23 SrSASA 29 5 S 94 A MS
23 SAS.ZS4 29 6 5 94 'W S 05
23SASZNA30 6S 944SI
23 SRN- 30 6 S 34 W S
23;3F51'30 5S 94 ASI
23 NP3P<19' 30 5 S 94 'A S I
23 NESE30 6 S 34 A S
23 NESESS 30 5 S 94 4 s CS
23 1�ti �r 30 5 S 94 A S I
23 NFC7-r^ 30 6 5 94 .A S 1
23 S6 30 5 S 94 4 8 1
23 5463 30 5 S 94 4 5 1
23 gENEEE 30 5 3 44 4 3 1
23 SREASA30 6S 9445:0
23 SsSASA 30 6 5 34 W S D
23 SASASA 30 5 S 34 4 5 1
23 SASES430 5 S 94'A5:S
23 835511E 31 6S 94 W S 503
23 S`24FSIE 31 5 5 94 4 3 12
23 SrENE''HE 31 6S 944301
23 SENENE 31 6S 944.3:
23 SANENE 31 6 S 34 A S
23 SRNENE 31 6 S 94 Ii S TS
23 SESANE 31 5 S 94 'A S 0
23 03'645 31 6 5 34 W 55 D
233543634221 6S 34450
23 SESENE 31 5 S 94 '4 S D
23 8.6'1431 65 94453
23 NASANA 31 6 S 94 ''4 S 77
23 SESENW 31 6 S 94 'A 5 0
23 31 5 3 94 4 S 3S
23 5r -64t4.'4 31 6 S 94 "A S :S
23 SASE 31 6 S 94 4 S
23 35435 31 65 94'45:
23 SASE 31 6 S 94 W 5
23 SASE 31 5S 9445:
23 SAES' 31 5 S 94'450
23 SASE 31 6 S 94 W 5 SS
23 SAS' 31 6 S 94 W S RIS
23 SASE 31 6 S 94 4 S I
WATER RIGHTS REPORT
?djudi.cscn ?rev Sdj
ate Dace
APPrcprn
Dace
0 ?linin
4 ;fir
0.2200 C S 12/31/1912 12/31/1971 12/31/1884
0.1600 C S 12/31/1972 1/31/1971 1/31/1884
0.0200 C S 12/31/1972 12/31/1971 12/31/1884
0.0100 C S 12/31/1972 1/31/1971 1/31/1984
0.0600 C S 12/31/1972 12/31/1971 72/31/1884
0.0600 C S 12/31/1972 1/31/1971 1/31/1884
0.0400 C 5 12/31/1972 1/31/1971 12/31/1984
0.0600 C S 1/31/1972 12/31/1971 1/31/1884
0.1600 C S 12/31/1975 12/31/1974 12/31/1984
7.7700 C S 12/31/1972 12/31/1971 12/31/1884
0.0600 C S 12/31/1972 12/31/1971 12/31/1884
0.5000 C 5,0 L2/31/1973 1/31/1972 11/04/1972
0.1000 0 5,01. 12/31/1973 1.2/31/1972 11/04/1972
0.4000 C S,C..48 12/31/1973 12/31/1972 11/04/1972
1.0000 C S,C 22/31/1978 2/31/1977 09/27/1977
1.0000 C 3,0,/01 12/31/1973 12/31/1977 09/27/1977
14.0000 C S.0 11/10/1966 09/05/1952 09/01/1957
14.0000 C 5,C,.78 11/10/1966 09/05/1952 09/01/1957
0.1700 C 0 05/05/1888 76/02/1886
1.7800 c 0,21 35/05/1988 11/14/1986
1.0800 C 0,2 75/05/1888 11/14/1886
0.4200 C S 11/12/1903 07/06/1903 06/02/1886
0.3300 C 0,0 05/05/1988 06/02/1886
3.3300 C 0,25 35/05/1388 06/02/1886
3.0000 C 3,0 11/31/1974 12/31/1973 02/11:1974
1.1000 C 3,0 11/10/1966 39/05/1952 29/01/1957
1.1000 C 5,3.A2 11/10/1966 79/05/1952 79/01/1957
0.1200 C S 23/02/1953 05/07/1945 25/01/1905
3.300 C S 33/02/1953 35/07/1945 05/01/1905
0.2700 C 5 03/02/1953 05/07/1945 05/02/1905
0.5000 C S 12/31/1977 2/311/1976 1/31/1906
0.3500 C S,C..5 1/31/1977 2/21/1976 10/24/1977
.0000 C 3,C,?01 12/31/1977 L2/31/1976 10/24/1977
1.7000 C 5,0 12/31/1977 12/31/1976 10/24/1917
3.3500 C 5,3 12/31/1977 /31/1976 10/24/1977
2.0000 r 5,.? 03/02/1953 05/07/1945 10/01/1948
3.0000 C 3.0 12/31/1973 12/31/1972 07/10/1973
0.0330 C 0 2/31/1973 03/31/1972
7.0330 C 0 12/31/1981 08/15/1972
0.0330 C 0 12/31/1982 12/31/1980
3.0220 C 0 2/31/1982 05/24/1981
3.0440 C S 22/31/1974 1/31/1973 79/25/1970
0.1320 C 0 12/31/1972 06/30/1966
3.3330 C 0 12/31/1974
3.0670 C S 12/31/1973
0.1000 C S '2/31/1987
0.3800 C 0 95/05/1888
1.0000 C 0,0 05/05/1888
0.3200 C 0,C 05/05/1888
0.9200 C 0,01 05/05/1888
1.0000 C 0,34 05/05/1888
0.0800 C 0,TT 05/05/1888
0.0330 0 0,77n.. 75/05/1888
0.0800 0 0,13 05/05/1888
July 1, 1994
RO:'2 362
Priority Cart Serpi 9 Alter --- C o m m o n
Writer Case A I1
44559.12784
44559.12784
44559.12784
44559.12784
44559.12734
44559.12784
44559.12784
44559.12784
45655.12784
44559.12184
44559.12784
44925.44868
44925.44868
44925.44868
46751.46656
46751.46656
2 39325.00000
2 39325.00000
13302.00000
13467.00000
13467.00000
19544.13302
13302.00000
13302.00000
45332.00000
1 39325.00000
39325.00000
34825.20209
34825.20209
34825.20210
46386.20818
46683.00000
46683.00000
46683.00000
46683.00000
36063.30000
45116.30000
44650.00000
44787.00000
47847.00000
47961.30000
45290.44097
42549.00000
08/19/1971 44424.00000
1/31/1972 34/19/1973 45034.30000
22/31/1986 05/01/1987 50159.00000
34/01/1886 13240.30000
10/01/1887 13788.00000
04/01/1886 13240.00000
04/01/1886 13240.00000
10/01/'-887 13788.00000
34/01/1886 13240.00000
04/01/1886 13240.30000
04/01/1986 13240.00000
W 757 1541
A 756 1540
1539
A 754 1538
W 764 1548
W 763 1547
W 762 1546
W 761 1545
A 2751 1751
W 760 1544
4 759 1543
W 1823 2107
W 1823 2108
4 1923 2109
• 3904 1391
33 191 2514
332 4914 604
A 35 2141
39 123
1946 143
39 145
1057 330
39 338
1946 2136
W 2301 1697
331 3914 603
W 96 2142
179 4072 698
180 4072 599
191 4072 700
W 3663 2248
32 33 2431
32 33 2432
W 3444 2233
W 3444 2224
202 W 1941 1646
4 3.942 1647
A 2145 3.674
31 42 1943
32 129 2044
32 154 2045
W 2420 1708
W 1093 1562
W 2310 1701
W 2124 1663
87 234 2757
48 39 170
35 39 222
48 39 335
48 'A 1840 1635
95 W 1841 1636
48 W 1842 1637
48 'A 2347 1706
48 W 1842 2110
55
52
62
0X.`1 7
5i ar.LART
xACE ABKSLTI2 6/3/1977
?BANEQIID 6/03/1977
� ^TI NO 22816-^ '.-47'25 TO 150 ?F AMCIAG.'L
.;BANZCHED 3Y X532308 FOR `510II..-C^r✓
NEW 27 CF DIVA ABANDONED
'NCSs 95000 TAKEN -31 v?Y BIRD OI"IC4
TAKEN 01 .smSIRD DITCH
OCT 1 =:RU APRIL 30. TAKEN 33 JAYBIRD DITCH
22/31/11917. TAKEN 24 JAYBIRD DITCH
O110C24C✓ 3604256, 3234275, 9204224
AT
LBC :S SET7,FN 57.34 97524 PRIG 21014
OCT 1 ?0 MAY
645 `Y=
•..�..t'250-' 70 FEB T AL7 APRIL 30 OIL 3504200
PERK ' NO 54055
:225.01 05) 115093
?EMIT NO 31132
NO 42627
?00401 NO 48239
: NO 17150-=
33/35.12-5 WASTE WATER M,C4 DRAW
EAST aaNK
CHANCE 01 CSE ''3'40'0
21 USE ONLY
-EIS :5 .0 USE 129025 cNLy
14E1 Ian
Divisicn 5
WD IIsi Nano of Structure Struct Susan --- LOCATION --- Use Decreed 0 PSI ?djudicacn PFJ 9dj 4ppriprn 0 ?thein Priority dirt Seo
#2 Alter - - - Comme n t
Type k Narre Cty Q-Q-Q
Sec Ts Req PM 0tdes Prtaslt Type Dace Dace ice 4 Amber ZA., ' r Case A D #
D 16 SPRING 23 SASE 31 6 5 94 W S i 0.0330 C 0,'IF 05/05/1888 04/01/1886 13240.00000 48 W 2347 2203 THIS LS A CSC Cs.PLQ'" CNLY
45 539 CANARY BIRD DITCH 1090 360 MSI' HSE SrT2. IDG AND WPSTR FIRST
45 679 FLCAREL WASTE WATER D 0 16 SPR_-Pli 23 WSS7 31 6 S 94 W S I 0.7600 C S 05/31/1904 05/07/1904 04/07/1898 19850.17629 119APAAA
45 819 WET- DITCH 0 16 SPRING 23 N4S"SE 31 5 S 94 W S I 0.3500 C S 05/31/1904 05/07/1904 04/15/1899 19850.18002 119AAA 1090 363
45 919 WtiZt . DITCH D 16 SPRING 23 NWSESc. 31 6 S 94 W S I 0.2500 C S,C 05/31/1904 05/07/1904 04/15/1899 19850.18002 1090 365
45 959 ATI%7i4 Sc'RII'G S 16 SPRING 23 NW3'SE 31 6S 94 5 S 0 0.0066 C S 12/31/1981 12/31/1980 02/02/1980 47847.47514 81 36 1931
45 948 SPRING D11C4 NO 1 D 16 SPRING 23 Sts4 c, 31 6 S 94 W S IS 0.0300 C S 12/31/1973 12/31/1972 04/20/1896 44925.16912 W2008 1652
45 679 Y WASTE WATER D 0 16 SPRSG 23 5.341 31 6 5 94 W 5 1 0.7600 C 5,A8 05/31/1904 05/07/1904 04/07/1898 19850.17629 119..AAAA 94 218 2579
45 319 WET''°..5, DITCH D 16 SPRIlSi 23 NTAS= 31 6 5 94 'W S 1 0.3500 C S,AB 05/31/1904 05/07/1904 04/15/1899 19850.18002 119AAA 34 218 2592
0.2500 C S,C,.58 05/31/1904 05/07/1904 04/15/1899 19850.18002 84 218 2593
45 819 '4 9 4 or= D 16 SF 2 23 NF'68 4 31 6 S 94 W S i W 2178 1678 �' 24 100 3
23 SeeNTAS4 31 6 S 94 'W S 0 0.0330 0 0 12/31/1973 06/70/1969 43645.00000
45 5090 W c WELL A 2 H 16 SI343N W 2222 1690 zv' T SJ 54029
45 5032 DALE TRAHE',N W"'1L W 48 '� �' B(QIO R) 23 SSTs 32 6 5 94 W S IIS 0.0350 C 5 12/31/1974 12/31/1973 12/31/1972 45290.44925 3357 71 TRANS c^gO 4029 � AND SII t2L DITCH
05/05/1888 11/20/1884 12743.00000
45 5166 H AND S DITCH 0 7 CACHE CREEK 23 SWS.A.S" 32 6 S 94 W S I2.0000 C 0, TT
0 7 C-,�rc, CREEK 23 >r�ls' 32 5 8 94 W 8 I 2.3300 C O,iT 05/05/1888 11/01/1886 13454.00000 51 3357 140 TRANS ��'''� 4�D�" '� S_�' ' Dom(
45 516 H . S DITCH03/10/1887 135fl3.00000 3357 166 TRANS FROM ,RDP,G AND SUERL DITCH
•45 616 H AND S DITCH 0 7 CPLD CREW{ 23 S+'S1 32 6 S 94 W 8 1 3.5400 C 0,T"mm� 05/05/1888 TRANS � :-u�I2DIDG AND ST.��ERL DITCH
0.1300 0 O,C,-: 05/05/1388 03/10/1887 13583.00000 3357 171
45 616 H AND S DT �H D 7 ^C£ ��{ 23 SrPSrS 32 6 S 94 W 5 ITRANSR(1 rsAF2DIDG AND SIIt�L Di1LH
45 516 ii ?M7 S DITC4 Q 7 CACHE Com{ 23 SWS, 32 6 5 94 'W S GS 0.8300 C S,:1 11/12/1903 07/06/1903 11/20/1884 19544.12743 3357 333 TRANS 5M H RDINZ AND STDERL DLIL4
45 516 H AND S D ."H D 7^-L.T-E CREEK 23 S.'S+S' 32 6 S 94 W Si 2.1400 C S,�' 02/10/1909 12/05/1908 06/01/1901 21523.18779
3357 480
0 S.'_^_' 04/21/1914 04/10/1914 04/01/1906 23475.20544 3357 572 TRANS FFM FSz6DIDG AND SMERL DITCH
45 616 H AND S DITCH 0 7 CACI CREEK 23 SWS"SE 32 6 5 94 H S 1 0.2200TRANS =Y:1 iv�R1031Z ?DID SL £ZL 3I'C4
0 7 `�.� CREEK 23 S.�SrS 32 6 S 94 'r! S I 0.3300 C S,1'_" 03/26/1°17 03/21/1917 07/01/1909 24551.21731 3357 594
45 616 H ANDND S DITCH _3357 1758 TRANSF2M PARDL*G AND S-L',£RI+ DITCH
45 616 H AND S DITCH 0 7 � � CREEK 23 �� 32 6 S 94 W 3 0.5000 C S, 11/24/1900 11/12/'_900 10/03/1893 18578.15982 ° 1 ° 3627YLSTRAI CSE Sc'R. LRD AND WASE cramp
.W S 0 1.5000 C S 05/31/1904 05/07/1904 04/15/1900 19850.18367 :1B 090
45 738 RE "lJi,Ss GiiliM DI CH D 7 ^G` CREEK 23 �r dSE 32 6 S 94
45 738 REMUS 6 GTTIi?4 0ITC4 0 7 CACHE CREEK 23 owl 32 6S 94 :l S T- 1.3000 C S,C 05/31/1904 05/07/1904 04/15/1900 19850.18367 1090 364
1.0000 C S,Ca 05/31/1904 05/07/1904 04/15/1900 19850.18367 W 2007 1651 CA W2007 12/31/1973
45 738 .5 flLLS 6 =Ill DI CH 3 7 C CHE F{ 3 jc>•S 32 5 S 94 W S -W 2505 1715 :RAN=E3 O STRAY 1-1325E DITC:
57TH DITCH 0 7 CACHE CREEK 23 "ESS 32 5S 94 W S i 0.3700 C S,TF 05/71/'_904 05/07/1904 34/15/1900 19850.18367
45 738 RSiNO1 6 G�_W 2505 228 24N ''R2 TO STRAY :2'24 DITCH
45 738 REYNOLDS.. > GIIILII'1 DITCH 0 7 CACHE CR= 23 ScSASE 32 5 5 94 W S 1 0.3000 0 S, :T' 05/31/'_904 05/07/1904 04/15/1900 19850.18367 •W 2505 1716 TRANS FROM TOS ?I OF DN
45 1085 ]TRAY HR DITCH '''�1 0 7 CACHE22_ ( 23 SRS«SE 32 6 5 44 W S i 0.4000 0 5,7.T 08/02/1913 05/29/1913 06/01/1903 23159.19509 W 2505 1718 TRANS F 1 "c20 T OFDTIG 7I.M DITCH
45 1085 STRAY 4 DITCH ', ) D �?G e < 23 S3S+7SC 32 6 3 94 'd S L 0.3700 C S, 05/31/1904 05/07/1904 '04/15/1900 19850.'_836?
W 2505 TRANS<r� =R?1 RREYN LD Gi722M Cor
0.3000 C 3,0.00 05/31/1904 05/07/1904 04/15/1900 19850.193667 22 NEW or OF DIV
45 1085 STRAY 52 pr:c4 ) 0 7 23 SdS+S� 32 6 S 94 W 5 L a 05/31/1904 05/07/1904 }1/15/1900 19850.18367 7
A 3394 9
45 7172-085 STRAY 3ITC: Nan 0 7 3'04- CREEK 23 S.Sei 32 6 5 9.4 W S : 0.3000 C S,C 9PC IRA 184. .VAP �3.75A. �.t.._Y O.�oA
10/29/1990 51436.00000 90 217 2976 P 4504900 AUG .3LSW CczEEN MIN CSNM,
45 ilii ?LT.' ?I: Df 04 48 :S,TB'1'm rBIOEW Rl 23 .`tE"+S" 32 5 S 94 W 3 .a 20.0000 A 0 12/31/1990 90 21 2877 A 4507172 FOR w24 0222<. LAR OF ?ACRE, AND FIRE
45 5290 LANG WELL NO 1 W 48 CSdR`•ED TRB(COID R) 23 `x' 32 6 5 34 W S :FS 0.0330 C 3,0 12/31/1990 L2/31/1989 10/23/1990 51430.00000 90 217 2878 A 4507172 SJAP AND R ST .NT IR TO 2?AF
45 3730 ?DG . Dm NO 1 3 48 .90 "R '4 (2-12 5) 23 DF< S 32 5 S 34 W 5 S 0.5000 A 5,0 '2/31/1990 12/31/1989 -0/06/1990 51413.00000
2.5800 C 0,2..'+8 05/05/1888 03/15/1383 '2127.00000 305 20
45 538 CAPS, BIRD DP-CH 3 .1�L �--� 23 `hdw<'4� 32 b 3 94 W S _ 7 39
'2 NWnS4 32 5S 94 W 3 : 5.2500 C 0,0 05/05/1888 13/15/1883 12127 70000 45 538 CAMP 3IZi D DITCH 0 7 'xE ��< - _ � ^3/'_Si 1883 1�'.1=, . ]0000 47 39 22 'w^-� • '�'r�
21
45 538 C?DN 8140 '3ITCH 0 7 CACHE CREEK 23 :44,40.4 32 6 S 94 '5 5 0.3300 C 0 05/05/1888
�5 538 ' BIRD 3122-0 D 7 CACHE CREEK 23 : el 32 5S 94 .W S 1 5.0000 0 3 03/02/1953 05/07/1945 03/08/1944 74825.34400 199 4072 720
03/15/1883 '�'.'�? � 00000 905 1817
45 538 CAMP BLVD DI `'H 0 7 r-TAC-�C CRE{ 23 546. 4 32 5 S 94 W 5 L 2.5700 C 0,0A 05/05/188809 817 n BANK
0.0800 C 0 05/05/1888 08/02/1386 13363.00000 59
45 615 JAY 3DRD DITCH 0 7 CACHE CHEEK 23 NAV,SW 32 5 a 94 W S - 01/25/ 1888 7904.00000 102 1946 291
45 645 3M 3IRD OI' 24 0 7 CACHE CREEK 23 + 32 5S 94 ''4 S I 2.0000 C 0, Ca 05/05/1888
2J ^6.8.4 32 5 5 94 W 5 I 2.0000 C 0,0 05/05/1888 01/25/1888 13904.00000 102 39 242
45 545 JAY BIRD D : i 0 7 '?C£ CREEK
3253 563 Lb CN ••= BIRD LAS
45 545 JM 3740 3Ii�1 3 2 -2 Gi22< 23 h8 8- 4 32 6 3 94 'W 3 1 1.9800 0 3 06/22/1939 08/08/1932 34/03/1912 30170.22738 167
45 545 JAY 3140 DITCH 0 7 =-C=22422< 23 NAW.S4 32 5 3 34 W S I 2.0000 0 S 03/02/1953 05/07/1945 10/01/1948 36068.00000 202 4072 723
0 - 7-C-2 ,REEK 23 V'ID6- 4 32 6 S 94 .W S 1 0.9200 0 0,0 05/05/1888 38/02/1886 13363.70000 59 39 341
45 545 JAY BIRD 0012241 1.0300 C 3,2 06/22/1939 •08/08/1932 34/03/1912 30170 22735 157 3253 916 5J 'ay ,K,.'^C..-'3"' 3LR0 LANES
45 545 BAY BIRD DP.TC-i 0 - .-C-E �`R-�< 2J ..•J 32 n S ?4 'n S 08/02/1386 '_3763.00000 53 L94b 2'347 '_2; 315'-91?
45 545 JAY BIRD DITCH 0 CACHE 'CREEK 23 �`6 'SW 32 5 5 94 'i.13 1 0.9200 C 0,CfA 05/05/1888
0.9000 C S 08/02/1913 05/29/1913 06/01/1903 23159.19509 129884 5t3 TADS �rI pr CF DIV
45 783 STRAY F27SE DITCH 0 7 CACHE
C3--< 23 32 6 5 94 4 3 08/02/1913 05/29/1913 06/01/1903 23159.19509 2505 1717 45 783 STRAY SRS. DITCH 0 7 C'� CREEK 23 maw,/ 32 6 5 94 W S L 0.4000 C S,'i"'
45 301 VALairThE DITCH 0 7 CACHE 0422< 23 56- '4 32 6 S 94 W S 1 1.3000 C S 12/19/1917 11/13/1917 12/05/1908 24788.21523 14022A-C 1959 501
45 901 VAL 822E DITCH 0 7 2-0-,E 04E< 23 53-'&-S4 32 6 5 94 41 S : 2.7000 C S 07/09/1965 03/02/1953 05/01/1937 37681.31897 242
W 4954
761 764
1550
0.1000 0 S 12/31/1972 12/31/1971 12./31/1984 44559.12784 .4 3321 1805 AKA WINCE - `�'-' '
45 955 TRAF{ERN Se'3250 NO 01 3 39 2-12 AND WASTE 233 NWS+NE 3J 6 53 W S 2 12/71/1977 12/71;'_476 03/01/1976 46386.46081
45 9 70 WINCH 7.3 9 NO 1 L 1 cam= alvER 23 S NENE 33 5 5 94 W S i . 0000 C S
45 970 A024 �13 NO 1 ? 1 2-13- YJ 51VE4 23 Sum 2 33 5 5 94 'W 3 I 1.0000 C 5 12/31/1974 12/31/1973 05/01/1974 45411.30000 W 2424 1709
330.7800 C S,_ 12/31/1974 /31/1973 08/23/1974 45525.00000 'd 2414 1617
45 971 'WII4C�i SPRSG SL? COLORADO R 23 �c2JEI1E o S 94 'A S i �1G£ ?6� ISTIE 1978
45 971 W024 s.00 NO 1 CS' 1 1 Rs/EH 23 Sr'2t24E 33 6 S 94 W 3 L 0.7800 0 5, 2. '-2/21/1974 12/31/1972 08/23/1974 45525.00000 'd 2414 1893
SORTED BY RP, 22 (E -W) , TCW SH1P (N, S) , StL 1CN. Q160
WATER RIGHTS REPORT July 1, 1994
PPO 363
State of Colorado
)
County
of Garfield
Si
ion
IN THE DISTRICT COURT.
A A A A M M M M N A M A M 44 A M A MA AAAA AA 414 N A N A A A N A M A AA A A
In the matter of the application of
Helen G. Reynolds and Erurrk M. Gillum, )
for an adjudication of their priority )
rights to the use of the waste, seepage )
and scapage waters for irrigation l,t.cr- )
Doses, which a.l isb upon and flow from )
the land of Willis Kisuee, being the
S.W.1/4 Section 6, Twp. 7 S. R. 94 W.; )
the land of Ira J. C1sena, being the
S.h;.1/4 11.E.1/4, N.11.1/4 S.E.1/4, Section 6
Twp. 7, S. R. 94 W. , ; the land of ) PETITION.
Evans, being the S.1./2 N.Vr.1./4, 3.W.1./4 )
N.E.1/4, N.W.1/4 5.1+.1./4; Section 5, )
Twp. 7 S. R. 94 W., ; the land of B.
Stators, bring the S.W.1/4 N.E.1/4, N.W. )
1/4 s•i .1/4, Section 6 Twp. '7 S. R. 04 W)
also the waste, seepage and scapago waters from the lands
lying below the above described lands and above the lands
owned by ythe petitioners herein; also for an appropria-
tion of water from Cache Creek in Water District No. 45.
A I. N M A Al M AMA M MAMMON/1A M A M d .444444444 M A M M M M M A M M A A 44,444 N ,444444444.44444444444
To the District Court of the Ninth Judicial District,
and to the honorable John T. Shumate, Judge thereof:
Now come your petitioners Helen G. Reynolds and Frank M. Gillum,
and rdspectfully represent and show as fol.=lows:
FIRST, That your petitioner Helen G. Reynolds is the owner of the
E1/2 S.E.1/4, S.E.1/4 S.W.1/4, s.W.1./4 S.E.1-/4, Sec. 31 Twp. 6 S.R.94 W.;
and that your petitioner Erarrk M, (1.11um is the owner of the N.W.1/4
• •
5.1+1.1/4, Sec. 31 Twp. 6 S. R. 04 W. , bot}: of .said tracts cf land aggro.-
gating
Icgre.-gating 200 acres , more or less;
SECOND, `1'}rat your petitioners are also the owners of the Reynolds
and Gillum Ditch, which said ditch is constructed for and takes its supply
of water from the Gulches and Rivulets that lead down from the lands of
the said Kiseee, Cissna, Evans and Staton above described, as well aa the
v it,u, oedpagrs and eeapage waters derived. from the lands adjoining the
said Gulches and through which the said Gulches rim; as well ae the wetters
of Cache Creek, which petitioners desire to conduct through Bald ditch,
for the irrigation of their said lands.
THIRD, , That the waters of said Caoin. Creek are conducted into a
il-v
Gulch w}ricIIAused as a natural conduit, from which your petitioners divert
the waters of said Caohe Creek; and conduct the dame onto their respective
lands by and through the said Reynolds and 4Piilum x.wd Ditch;
that the above described lands owned by your petitioners are sub-
ject to irrigation through the said Reynolds and Gillum ditch from the
said waste seepage and acapage waters, and from the :laid Cache Creek,ae
above set forth; and that a more complete description of the petitioner'S
said Reynolds and Gillum ditch and water rights le set forth in the
Ditch Claim Statement hereto attached and filed herewith, to which refer-
ence le hereby made as a part hereof.
FOU1tT1I, That your petitioners have never had their skid Reynolds
and Gillum ditch adjudicated, nor their priority rights to the use of
the paid waste, sees age and scapage waters from the lande aforesaid,
and from the Bald Cache Creek adjudicated; that your petitioners are de-
sirous of halting the Bald ditch and their priority rights therein deter-
mined by this lIonorable Court , and of complying with the law in relation
thereto.
FIFTH, That there are no Isereons to the best of your petitioner's
knowledge, information and'belief, who are entitled to notice of this pro-
ceed, or who are inter•eated adversely, unless it be the following:
1.11.;
11JO.i .. 1' 1 (: r '
'.11 1
1.c,i. a ;j( I
(:"i'1'.
l f ;
( 1.
(sill(';:
i; '' j. ;n1) 11 j !:r1;(1 :.
:flrl;
j 1..( 4. ,i'.• (
.�i.�7 Ili
1,,i (;j,"
1'r!E) �:,( 11 � (� fl•r, ' ,
AUT.4 is r. 111 lit !'1!. (?;1((:ii,
I ',lir(' ! in,:lrs ,
ti' 1
i(:J11 !I:I 1 11,1i1 1).! '(.
L•
:r _
*OH '
( 11,. 1 l (.134; I.::
1
.. ..)-; !,
. J (. I: 1.
1.1.,-, •,:
•
If l_ G
„., r. I.,;::i:,,(
•1 (r'..
rl . . t. i .) !It.
P ( .
1 , ); 1
;.1
1,)
--.-n.a-.�+...-.r._�.._•..-++.. �.r.,�.Y.+.elOa4VlekMMM..
` 1[llEEPO137'1, Your petit loners -pray this Honorable Court for an
4 order allowing them a hearing in the l;rernisea , and for a decree adjudi-
cating and establ.iehing their priority rights in the Bald Reynolds and
Gillum bitch and adjud scat ing and decreeing to your pet it loners a Stiff 1-
c lent amount of water for the pract :}cal 1 r'rigat ion of all their irr igable
lands lying thereunder , and for such other and further orders in the
prent.ties a:s equi ty and just ice ruay requ1re.
Attorrru„� for Pet 1loners.
State of Colorado ,
a S .
County of Garf niid.
Frank M. Gillum being f irst duly sworn,
upon his oath deposes and says : that he is one of the -;et it loners named
in the alcove and foregoing- pot it ion; that 110 has mad the said pet it ion
and knows the contents t; hereof , and that; th e matters and th 1 nes there in
stated are trr:Ee of 11143 OW 11 know1egge
Subscribed and swore to before me t} -11s
M' Conuni:r13 ion expires
G[
day of March, A. D.1904.
1'lotarj Public,.
•
PO Box 649
6017 County Road 309
Rifle, CO 81650
970-625-4404
February 16, 1996
Mr. Mark Bean
Garfield County Planning Department
Garfield County Commissioners
109 Eighth Street
Glenwood Springs, CO 81606
Dear Sirs:
f: I
!�
Ea 1 @ a
We are deeply offended by the proposed exemption on County Road 309 asked for by
Samuel B. and Teresa A. Potter and Thornas H. and Mary K. Odgers. We own land
and a home on DJ Road and wish to voice our opposition to this exemption request.
Please consider our reasons carefully.
Primarily, we wonder how such a development would affect our well. Water supply is
questionable in the area and the development the Potters and the Odgers are asking
to proceed with will definitely lower the level of water running into the water table
above our well. In the past, we had renters on our property. One of the reasons we
had to stop renting was that the water level was too low in the summer months. Our
renters informed us that in past summers our well went dry in the summer. In the
summer months it is difficult to take a shower and do laundry. The laundry ends up full
of sand. Should we lose our well, our property would lose more of its value than we
could regain.
We would request that before any type of variance or exemption be granted in this
case that ample evidence or testimony by a qualified expert be presented to the
commissioners that there is enough of a water supply in existence to supply the new
lots that are being proposed without compromising the existing wells in Rulison.
These tests should cover the output, particulate, salts, chemicals, and organics of each
well to serve as a benchmark in the event of future degradation of these wells.
Without a benchmark, no compensation would be likely should we lose our well in the
future. We want our children to be able to grow up here, but that won't happen if we
have no water. Because the Potters and the Odgers are asking for this exemption, we
believe the cost of such an analysis by a qualified expert should be borne by them.
Make the people asking for the exemptions responsible for the lost value of our home
should we lose our well water.
If the subdivision is allowed, the Odgers and the Potters should be required to provide
3 V
domestic water source for all houses in the Rulison area that have wells that are
adversely affected. Another consideration would be the septic system discharge and
its affect on the downstream wells. Wili the ground water be so contaminated as to
make our well unusable? These are all concerns that need to be addressed prior to
any type of approval for an exemption or for a subdivision.
We also question whether County Road 309 could sustain the construction traffic that
would accompany this type of development. The road was patched and is being
repatched after last years US West crews used the road for laying new phone cable.
Are the Odgers and the Potters willing to put the cost of replacing the road up front or
will that cost be borne by those of us with property adjacent to the road? Will these
funds come from county taxes which are already being cut?
We saved eight years for a place in the country. We feel that the lifestyle we sought
when we moved to Rulison is being compromised by the proposed exemption in this
case. We live in a rural area by choice and we want to keep it this way. We could not
have our pigs and chickens in a subdivision in Rifle and we'd rather not have a
subdivision is our rural area.This development gives no thought to the rural community
that has already been established in Rulison and is desired by those currently living
here. If Mr. Potter wants to develop land, why not across the street from where he lives
so he can look at it and live with it?
Also, the development of the land in question is objectionable because it does not
conform to existing state regulations and codes. This type of exemption is an abuse of
regulations for a profit motive on the part of the Odgers and the Potters. There is no
other listed reason in the petition, although they do make it sound as if they are doing
community service. If they want to develop the land at the expense of the neighbors
and neighborhood, let them go through the correct channels and proper procedure for
a full scale subdivision that conforms to the prescribed regulations and codes. Please
DO NOT allow them any exemptions or variances!
Once this type of exemption is allowed it can become an uncontrollable freight train
because of the precedence it sets in the area. We moved here from Craig, Colorado.
The growth there was not sufficiently controlled under existing guidelines and codes.
The results were disastrous in that the housing that was built was not of the quality one
would have expected previously and subdivisions frequently did not fit into the
neighborhood in which they were placed. Lifestyles of the people living in the area
were sometimes compromised by the new subdivisions.
A plan for the entire piece of property should be considered only after proper impact
studies have been conducted --especially on the water in the area. The Potters and
the Odgers should be held accountable for any adverse impacts upon the nei6hbors'
properties. A subdivision within a rural area is not unusual for this county right now,
but if it is to be, please make sure that it follows the regulations and codes laid down
for creating a subdivision so that is does not compromise the surrounding area. We
frequently read where such exemptions have been the cause of great heartache to
those already living in rural areas in our county. We would like to be able to express
that our commissioners are regulating growth in the Rulison area in a responsible
manner.
There are too many unanswered questions and concerns to allow this exemption to be
granted. We trust that our county commissioners will use their wisdom to deny this
exemption.
1 -hank you,
Michelle M R. and Michael R. Scheele
•
'(:B �'��
2 '., 199 6° ' 1: ' 309 Road
f;.
l, ,lrrrLe, Colorado 81635
.beuary 20, 1996
l.i.,0 9r-tr::t_D (;t t 4 1 Y
Mr. Mark Bean
Garfield County Planning Department
109 E. Eighth Street
Glenwood Springs, Colorado 81601
Subject: 1'eLi.ti_on For Exemption
`Phomas 11. Odgers/Samuel A. Potter
We object to the petition for Exemption to subdivide 218 acres. The petition
Should be rejected for the hollowing reasons.
Many dry holes have been drilled .in this area. Some neighbors get barely
enough water to meet their household needs and go dry in a dry year. Our wells
are marginal. Show a decrease in production in the non -irrigating season and a
dramatic decrease in a dry year. The stress of more wells in this area in
close proximity to wells already in use is a major concern of ours.
There is just so ousel left off of the plat submitted that is of great concern.
Water easements, bight voltage transmission lines and slide areas.
We are also concerned with sewerage and contamination of our wells. One of our
wells i4approximately 115 feet from the north boundary of Lot # 1. Our second
well is approximately 300 feet from the west boundary of Lot # 1. These wells
are down slope from all of the three plats. Detailed tests sould beirequired
Lo be conducted and paid for by the petitioners.
This Exemption is asked, not because of a hardship to save a ranch, but for
monetary gains. The petitioners should go through the subdivision plan code.
This is also a wildlife, elk/deer, winter habitat. The wildlife also includes
wild turkey, bot cats, mountain lion and occasionally bear. The impact on
these animals having less feeding grounds, plus possible dog problems, is
growing more and more as these small splits are cut out of the land.
We urge the Commissioners to deny this petition for Exemption.
Thank you for your time in considering our. objections.
Sincerely,
(Ci
7/c„‘„ .ze,4%
('),L 1
Eugene R. Scott
Evelyn R. Scott
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Mr. Mirk Beau
Barfield County Planning 1)cl)I_
c-iullield Comity (
109 Eighth Sl.
Glenwood Springs, CO 81 006
.‘1.mlYY-unttt Ca)
FINE BEEHIVE PRODUCTS
COMB HONEY BOTTLED HONEY
BEESWAX POLLEN
Blai Cullun
6565 306 Huacl
I'9 ulIulu (al riuli,on), 00 8)635
Pliunu (9/0) 625-3382
FAX (9/0) 625 3382
Dear tvlr. Beall / 1.'0111ity Commissioners, 2/20/96
Itegardiug Ilse Odgers/Potter subdivision exemption:
14. FEB 2 # incy !ppx70'
As both an affected adjacent landowner and an employer who conducts business in the allected
Area, 1 would like to urge, in the strongest possible lentis, the rejection of lite Odgers/Potter subdivision
exemption_
1:1161., 0xciuplions tient 1118 subdivision process should properly be granted only when it is clear
that thele will be no adverse effects upon the adjacent and surrounding landowners. Unless 1 ail mistaken,
100% of the neighbors in the area object, strenuously, 10 this proposal.
Secondly, i0nn111erable unlix6SCen cousecplences line probable when unplanned development
006111s outside the (proposed) comity coulple liensive plan Mete currently exist several long unsold
subdivided propel lies in Itulison (Lemon). While few would object to the premise that a laud owner should
be able to do pretty 1110811 115 Ile/she wishes with their properties, holt Conlin thug land use Negatively
impacts duality of life. Certainly, it Is unacceptable to allow a pig lura) in a residential neighborhood. By the
saute token, it is unacceptable to allow this subdivision in a rural area. Artcl, most assuredly, 0 would be
unacceptable to allow this developinertl 10 proceed through subdivision without the protection that l.he lull
subdivision process would afford Finally, it is morally unacceptable to allow an alteration to the existing
quality oClile than virtually all onus 111 [Wilson clime here for to be irreversibly altered such Ilial Lwo parties
can increase their incomes by speculation_ Petty schemes li)r making )stoney, promoted by two individuals,
insist not be allowed to proceed when the cost is 0) negatively impact dozens along Tenn residents.
Third, the existing water wells in the area line vulnerable to the drilling 01 -additional wells. My well,
less than 200 Icer 110111 the proposed subdivision, is sandal. to others in Ihat lite flow rale is minuscule. My
lorig established honey business, and lite livelihoods of mysellaud 11ly employees are directly dependent
upon that well. 11 is ulurginal, al best, curlcntly and 1 insist that Mc county do all within LIS power 10 avoid
leopard1ci0g 01)1 ability to continue to make a living on my properly as we have done for well over twenty
yews.
l'ouilll, any permitting for this proposal should be preceded by comprehensive testing of all of the
existing wells within it 0110 mile radius. These tests should include 1]ow rate, recovery rale, particulates, salts,
organics and other chemicals. !lie cost of these tests should be born by Odgers/Potter. Anel, again, 111ese
tests should be pet -limited trier to any perutils being issued. "ltie existing water wells in the arca need this
type olstudy to arrive at a beucleuark such that, if development and subsequent ltegaiive impacts were to
39
• •
occur, the affected parties would have civil recourse. It is proper that 111e applicants should pay for these
studies since it is the Ihreal to our water supply by the applicants that necessitates it. Without benchmark
studies, subsequent pollution or drying up 01 out wader supplies would occur without recourse.
hiflh, the applicants 1nte11d to alter the usage ofexisling agricultural water rights to include, among
other things, "industrial" usage. Such a change is 11!(rece,denled 111 [Itis area and is completely [unacceptable
to lite neighbori11g parties. Any permits 01 exemptions to permitting should stipulate clearly that existing
water rights be extended to dorneshe 01d agricultural use onily.'1'he idea that future owners could jeopardize
existing wells by operating litctolies or just simply watering lawns is completely unacceptable. There would
be 110 opportunity lar protection in State water court and it lherelire behooves the county to protect. the
exisli11g landowners 111)51 precious asset: our water.
Sixth, the application lir exeutplion should be denied because the applicants have not made clear
what they intend to do wills the entire properly. Given the very short lime between notification of the
current plan and the exemption healing, the affected neighbors have not had sufficient time to look into the
possible impacts of this proposal. Once subdivision begins, president is set 1 r further objectionable
development. It seems clear Io 1110 That the county has accepted the respornsibility for protecting the existing
landowners and should require appropriate studies before any permits are granted. 1 tut hoping that my
expectation of liresighl and l0iulership 110111 county officials will not be dashed 111(11)100 to nlollity a
scheme by two putties to stake a lot of honey without actually having had to earn it first. Surely, the rights
of the many outweigh the rights of the moneyed few.
Seventh, it is clear that this proposal sloes not Oven remotely resemble a subdivision born of
hardship, wliere111 a party is compelled, by livancial reasons, to sell 0 parcel in order to survive. This sort of
s0enario is, of course, the heart of the reasoning behind an exemption to 11111 subdivision p1oc0sses. The
properly 111 question is a luno, ()reload 011d dwelling iu an area of similar properties. II was just tecer111y
purchased by Ilre exemption applicants lir Ilse sole purpose of making money. 1 0aiiuol imagine, in any
ethical world, that the individual could eonte to jeopardize the homes, wells turd businesses of numerous
existing landowners for Me sake 010 buck. To permit this subdivision to materialize would be to allow tlrosi
with surplus financial resources to, "take" our tenet.
Please deny the application lir exemption and allow previously existing landowners fur
opportunity to protect our properties, lives and livelihoods.
l .espccttul.ly,
131ane Colton
r{ t:—d }tj lft�t i�
Ik
se'(LLD u..;t..0 N 1Y
Mr. Mark Bean
Garfield County Planning Department
109 8th Street, ,Suite 303
Glenwood Springs, Colorado 81601
Subject:
Frank and Beverly Youland
6433 County Road 309
Parachute, (Rulison) CO 81635
February 16, 1996
Petition For Exemption
Phomas 1I. Odgers/Samuel A. Potter
SE'/1 of Section 31, T85, R94•W of the 6th P.M.
As a landowner and homeowner of property approximately 60 feet directly north of proposed
Lot 2 and northwest of proposed Lot 3, as shown on the Potter/Odgers Exemption Plat, 1 have
some concerns about the proposed development, specifically those subjects addressed under
Paragraph F of the Petition and subparagraph F of the Submittal Requirements.
The lay of the land in this specific area is extremely down slope from south to north/northwest,
towards the Colorado River. All existing homes in this area use household exempt wells and/or
domestic wells for their water needs. During extended dry periods, these wells are very strained
even when used sparingly. Nly concerns are threefold in this area.
(1) What affect will three or inore wells (upstream) have 00 my water supply?
We all know tI►at water demand depends on the size of the household. What
happens when the demand outweighs the supply? 1)o we have senior rights over
the new homes'? What is meant by "It is anticipated by the petitioners that a
community water supply system will be developed for both household and
irrigation water"? Who will develop this system? Who will pay for it'? Who
will benefit'?
(2) Sewerage Disposal: As ll►ere is 00 existing community sewerage disposal
system available for this project, 1 assume all Tots will use septic lank and
absorption field systems. Ilave soil tests been made to determine if the area is
suitable for septic systems and will ne)t contaminate water supplies. 1 The area
covered within this petition is extremely rocky, with gravel beds, etc. very little
soil. What happens when my household water supply becomes unusable? My
well is approximately 100 feet front the north boundary of 1.ot //2. This same
'See Page 3, Paragraph 2, Septic Tank Absorption Fields, or The U.S. Department of
Agriculture Soil Conservation Service Report dated 12/13/95.
•
FEB 2 3 1996
(AH I LD COUNTY
•
6691 County Road 309
Parachute, Colorado 81635
14 February 96
Mr. Mark Bean, Gafield County Planning
Garfield County Commissioners
109 E. Eighth Street
Glenwood Springs, Colorado 81601
Gentlemen:
I object to the Petition for Exemption
submitted by Potter and Odgers. Their petition
sould be denied for several reasons.
First and foremost is the water issue.
Many wells in the area have gone dry, and my
well has had drastically reduced flow. My
property should have qualified for domestic
use since it was deeded long before 1972, but
since the Division of Water Resources had
given other domestic permits to unqualified
land previously, I was required to purchase
West Divide Water Conservancy water. Now
we have Potter/Odgers proposing a subdivision
which will be expanded and the water issue
appears inadequate to meet the needs without
compormising other water rights in the area.
Secondly is the lack of information
submitted on the petition plat. Easements
which affect development have been omitted.
The boundaries are not the legal description.
The exemption requested, while legal, is
definitely only the beginning of development
on this property...and we still have vacant
subdivision acreages presently!
I respectfully request this petition
be denied. A full subdivision plan and
review is merited.
(Ms.) Marion J. Wells
•
February 20, 1996
Mr. Mark Bean
Garfield County Planning Dept.
Garfield county Commissioners
109 East 8th Street
Glenwood Springs, Colorado 81601
Mr. Bean:
111!""1
•
,-
FEB 2 6 1996;
C;i.)URYTy
I am a relative of people that live on 309 Road in
Parachute, (Rulison), Colorado and have heard that people
are wanting to put three houses up and leaving 180 acres for
later development. In my opinion that would endanger the
wildlife and hunting in that area where we go to hunt and
enjoy the wilderness. There is also not enough water to be
transfered from the land and taking it away from any
livestock and wild animals. This would create a very big
hardship on all the wildlife and their winter feeding
grounds. I really object to this sub -division and if there
is a petition to sign, I would gladly do so.
I am sure many other people will object to this and hope you
will do something about it so we can still have our wildlife
and water.
Thank you very much for your time.
Robert and Gale LaRochelle
P.O. Box 14, Bridge Road
Roaring Branch, Pennsylvania 17765
717 673 3640
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CALor.a, boort Llc;u-r, P.C.
Mr. Wayne Wells
Page 2
February 21, 1996
not act upon the request_ This is especially true because it is unlikely that any decree will be
entered. Other water users use the springs as the source of their adjudicated rights which are
senior to the springs original decree in W-008. It is additionally true because one can only use
their water rights as they have been used historically. Because the property has historically
grazed only a few head of cattle or horses, such amounts will not be adequate to supply water
to three 01 lour single family dwellings as would be necessitated in the exemption procedure.
At this time, I believe that the County should deny the application as it is not complete.
Without being able to show that they can obtain a legal water supply, the County must deny this
request.
If you have any questions, please feel free to give me a call.
Very truly yours,
CALOIA, I-IOUPT & LIGHT, P.C.
SAC: lila
Enclosure
cc: Mark Bean
l'.\WP5I\UUCS\W 1152 21:I
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Sherry A. aloia
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• •
Garfield County Planning Department
February 16, 1996
Page Two
problem exists with the Scott and Colton properties. Detailed and verifiable tests
should be required to be performed and paid for by the petitioners prior to any
approval action by the Commission.
(3) Paragraph 1 also states, "Additional water decrees will be obtained if and as
necessary to further this plan as tlhc property is fully developed". Where will the
additional decrees come from? Just so much water exists.
This whole proposal smells of the "buyer beware" concept. Let someone buy the property with
dreams of a home in one of the county's last remaining beautiful settings containing elk
migration routes, wintering deer and elk herds, an abundance of coyotes, turkeys, and rabbits,
then have the dream shattered by legal battles concerning water and soil contamination claims.
Let's face it, some areas are not meant for major development. We still have herds of cattle and
horses being driven through the area to different grazing areas. What happens when 50 to 60
cows trample someone's flowers or beautiful lawn? Reminder: In Colorado, you fence stock
out, not in.
1, for one, don't believe this property is adequate for development nor should it be developed
to satisfy someone's financial gain. "These Things should be checked and approved prior to
purchasing the properly for this purpose.
1 urge the Commission to use extreme caution in approving this Petition for Exemption. T only
wish 1 could be in attendance to personally present my concerns, but work requirements prohibit
me from doing so.
Thank you for any and all consideration you may give to this letter and 1 urge you to listen to
those in attendance.
Sincerely,
(/1
Flank L. Youland
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CALI)IA, HY()tJVI' 8L Licirr, P.C.
ATTORNEYS AT LAw
SHERRY A. CALOIA
JEFFERSON RSON V HOUP'r
SAMUEL 1. 1.1GIrr
February 21, 1996
Mr. Wayne Wells
6691 County Road 309
Parachute, CO 81635
Re: Potter/Odgers Subdivision Exemption
Dear Wayne:
1.
. l I rY
iJ,1 C�
2 1996
1201 C13 6ID AVENUE
GLENWOOD SPRtl42r; Cti'LO12'ADO'S160I
TELEPIIONE: (970) 945-6067
FACSIMILE: (970) 945-6292
1 have reviewed the Potter/Odgers subdivision exemption that is currently scheduled to
go before the County on Monday, February 26, 1996. Because 1 will be out of town, 1 will be
unable to attend that hearing. My partner, Jeff lloupt, will be available to attend that hearing
to answer any questions that may arise.
1 have fully reviewed the Water Court application filed by Potter/Odgers and the
preceding Water Court decree for the Spring Ditches 1, 2 and 3 that they plan to rely on for
their water supply. 1 have sent a letter to the County which hilly explains the problems with that
application.
It is my understanding that your property is directly adjacent to the Potter/Odgers'
property. As we are both aware, there is a discrepancy between the boundary line and the fence
line. You have always recognized the boundary line as the property line for your property and
have actually confirmed that with Mr. Robinson before his death. At this time, it is crucial that
the fence line not be included in the survey as it is not the boundary line. Including it on any
plat would only be confusing and misleading. Since you have record title to, have paid taxes
on and have always claimed ownership to your property as it is legally described in the records
with the county clerk and recorder, the boundary line separating the east and west property being
on the section line and not on the fence line, 1 recommend that you ask the county
commissioners to accurately reflect any such actual boundary line on the form and not the fence
line.
Additionally, the water claimed by Potter/Odgers as the domestic supply for the lots is
not legally capable of being used for such lots. While you have no claim to those springs, 1
understand that you are concerned about their water supply. For reasons stated in my letter to
Mark Bean on behalf of Ova Gibbs, I would reiterate to the County that there is no Water Court
decree allowing Potter/Odgers to use these springs for domestic purposes. Until they obtain a
Water Court decree allowing for such uses for four single family dwellings, the County should
1Wl'sI\DOCS\\VE1_I S2 21 1'
/3 4.
C:u.ol,k, ilourr LIGHT, P.C.
Mr. Wayne Wells
Page 2
February 2 t , 1996
not act upon the request. This is especially true because it is unlikely that any decree will be
entered. Other water users use the springs as the source of their adjudicated rights which are
senior to the springs original decree in W-008 It is additionally true because one can only use
their water rights as they have been used historically. Because the property has historically
grazed only a few head of cattle or horses, such amounts will not be adequate to supply water
to three or four single family dwellings as would be necessitated in the exemption procedure.
At this time, 1 believe that the County should decry the application as it is not complete.
Without being able to show that they can obtain a legal water supply, the County must deny this
request.
1f you have any questions, please feel free to give nie a call.
Very truly yours,
CALOIA, I10LJPT & LIGHT, P.C.
SAC: nla
Enclosure
cc: Mark Bean
C.\WP) I \IX)CS\W LI.I 52 2I:I
Sherry A. ,'algia
• •
CALOIA, Hourr & LIGHT, P.C.
ATTORNEYS AT LAW
SHERRY A. CALOIA
JEFFERSON V. HOUPT
SAMUEL J. LIGHT
February 22, 1996
Ms. Peggy Jordan, Clerk
Water Division No. 5
109 Eighth Street, Suite 104
Glenwood Springs, CO 81601
Re: Case No. 96CW009: Statement of Opposition
fill :2 3 :199
1204 GRAND AV AI[ L �J;st.l
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
Dear Peggy:
Enclosed for filing please find an original and three copies of Objectors Evelyn and
Eugene Scott and Ova Gibbs' Statement of 'Opposition for the above -referenced matter. Also
enclosed is a check in the amount of $40 for the filing fee. If you have any questions, please
do not hesitate to contact me.
Very truly yours,
CALOIA, HOUPT & LIGHT, P.C.
SAC: lin
Enclosure
cc: Evelyn and Eugene Scott, w/enc.
Ova Gibbs, w/enc.
Mark Bean, w/enc. ✓
C:\WP51 \DOCS VORDAN.1 LT
• •
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Case No. 96CW009
STATEMENT OF OPPOSITION
CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
SAMUEL B. POTTER, TERESA A. POTTER, THOMAS H. ODGERS AND
MARY K. ODGERS, in Garfield County, Colorado
1. Name and address of Objector:
Evelyn and Eugene Scott
6373 County Road 309
Parachute, CO 81635
Mr. Ova Gibbs
6266 309 Road
Parachute, CO 81635
c/o Caloia, Houpt & Light, P.C.
1204 Grand Avenue
Glenwood Springs, CO 81601
2. Name of structures involved: See application.
3. Facts why application should not be granted or why it should be granted only in part of
on certain conditions:
A. Objector owns water rights that may be injured by the granting of the relief
requested in this application.
B. Applicants must be put on strict proof as to all elements of the claims for water
rights claimed in the application.
C. The application is incomplete as it does not contain all information required by
statute to be filed with a change of water right application.
D. The application, if granted would result in a expansion of use of this water right.
C: \ W P51 \DOCS\G IBBS.20P
February 22, 1996
• •
E. The Applicants are limited to the historic use of a water right when making a
change in water right.
F. The Applicants must establish that they have a specific plan and intent to divert,
store, or otherwise capture, possess and control a specific quantities of water for
specific beneficial uses, pursuant to § 37-92-305(9)(b).
G. The Applicants must establish that the change in the water right as set forth in the
application can be properly administered.
H. The Objector respectfully requests that this Statement of Opposition be continuing
and that it apply to any amended application that may be filed by the Applicant
in this matter.
I. The Objector respectfully requests the right to amend this Statement of Opposition
should additional grounds for opposition be brought to the attention of the
Objector through the discovery process or otherwise.
Respectfully submitted this 22nd day of February, 1996.
Name and address of Objector:
Evelyn and Eugene Scott
6373 County Road 309
Parachute, CO 81635
Mr. Ova Gibbs
6266 309 Road
Parachute, CO 81635
C: \ W P51 \DOCS \G1 BBS.20P
February 22, 1996
By
-2-
CALOIA, HOUPT & LIGHT, P.C.
Attorneys for Objector
7nerr,1://
y A aloia
1204 Grand Avenue
Glenwood Springs, CO 81601
Phone (303) 945-6067
Attorney Registration No. 11947
• •
VERIFICATION
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
I, Sherry A. Caloia, state under oath that I have read this STATEMENT OF
OPPOSITION and verify its contents.
Caloia.
Subscribed and sworn to before me this V4ay of February, 1996, by Sherry A.
WITNESS my hand and official seal. My Commission expires: Commission expires 6/28/99
CERTIFICATE OF MAILING
I hereby certify that a true and correct copy of the attached STATEMENT OF
OPPOSITION, was placed in the United States Mail at Glenwood Springs, Colorado, certified
mail, return receipt requested, first class, postage prepaid, on the 22nd day of February, 1996,
addressed as follows:
Russell George, Esq.
Stuver & George, P.C.
120 West Third Street
Rifle, CO 81650
C: \ WP51 \ DOCS \GIBBS.20P
February 22, 1996
-3-
6691 County Road 309
Parachute, Colorado 81635
12 February 96
Mr. Mark Bean, Garfield County Planning Department
Garfield County Commissioners
109 E. Eighth Street
Glenwood Springs, Colorado 81601
Gentlemen:
2
I object to the Petition for Exemption to subdivide 204 acres at Rulison by Potter and Odgers. Their
petition should be rejected for the following reasons.
WATER: Numerous wells and springs on adjacent properties go dry at times, as did the well on the
property in the petition (Robinson Ranch). The present approximately 170' well is inadequate to do "two
loads of laundry." An increase in water consumption, by well or spring, in the aquifer will impact adjacent
landowners and others already tapping the subsurface water. My 1946 adjudicated spring was nearly dry
for four years and Mr. Robinson noted a reduced flow of his springs at the same time.The use of spring
water where the flow rate has varied over the years and currently is adjudicated for only irrigation and
livestock use, is not only illegal but certainly improper for a subdivision. Since Robinson's and Wells'
springs are in the same aqu'fer, any effort to develop added flow will certainly detrimentally affect my spring
flow. If granted a continuance, I shall have a hydrology and water engineer report developed. A water
opinion on present adjudication from attorney Sherry Caloia is attached.
EASEMENTS: Numerous ROW easements have been left off the plat as submitted. Both high
voltage transmission lines and water easements impact greatly the development of this property.
DEVELOPMENT: The lots created by the exemption are not in conformance with existing
development. The last tract developed by Walter Lemon years ago still has an unsold lot. Piecemeal
development of three small and one large tract is but a subterfuge for future splits. In the petition, they
stated they anticipate "a community water supply system will be developed." This subdivision should be
considered and reviewed as a full small tract development with all impacts, internal and external, being
addressed through the Garfield County Planning Department. The continued chipping away at
agricultural and open lands should be controlled. There are plenty of small acreages in more accessible
areas of the county and towns. The proposed location on 309 road is on a sloping hill, and three or more
additional driveways will aggravate maintenance and safety in the area.
SLIDE AREA: The Lot 4 area of the large tract has had two major mudslides in the last ten years.
The side hill remains pockmarked with fissures, so any development in this area will place my property in
jeopardy with any further slide activity. The last slide impacted my spring flow and eliminated the use of
seepage along my south boundary. I worry the next slide will flow across the fence and adversely affect
my spring and property. Snow cover prohibits a technical evaluation by others at this time.
PROPERTY LINE: The East property line shows a "Line of Possession" outside the title line.
Potter and Odgers have been legally notified that I will defend my title, and have fenced the deeded
boundary line based on a 1982 survey which was recheckeci this year. The title line is the legal boundary
and all reference to a "Line of Possession" needs to be deleted from this plat.
SUMMARY: The water supply is inadequate to support even this small amount of development.
The varied -flow springs are not even adjudicated for domestic use. Wells and springs have already been
dry at times, and further expansion will adversely impact water rights and flows of landowners in the area.
We are already in a poor labor economy. Piecemeal developments are not needed and false assumptions
about future water and sewer do not merit consideration. Tract easements, the Lot 4 slide area, and
future subdivision plans should be addressed, and the east boundary line corrected to the legal
description, rather than the false "Line of Possession," before any consideration of this petition is made. I
firmly believe in County Land Use Control and this subterfuge defeats all its efforts. I respectfully request
denial of this Petition for Exemption.
Sincerely,
(Mr) Wayne E. Wells
J
CALOIA, Hoer & LIGHT, •.
Mr. Wayne Wells
Page 2
February 21, 1996
not act upon the request. This is especially true because it is unlikely that any decree will be
entered. Other water users use the springs as the source of their adjudicated rights which are
senior to the springs original decree in W-008. It is additionally true because one can only use
their water rights as they have been used historically. Because the property has historically
grazed only a few head of cattle or horses, such amounts will not be adequate to supply water
to three or four single family dwellings as would be necessitated in the exemption procedure.
At this time, I believe that the County should deny the application as it is not complete.
Without being able to show that they can obtain a legal water supply, the County must deny this
request.
If you have any questions, please feel free to give me a call.
Very truly yours,
CALOIA, HOUPT & LIGHT, P.C.
SAC;nla
Enclosure
cc: Mark Bean
C:1 W P511,DOCS1 W ELL$2.2 LT
FEB 2 1996
Mr. Mark Bean
Garfield County Planning Dept.
109 Eighth St
Glenwood Springs CO 81606
Sirs:
6006 309 Rd
Parachute CO 81635
February 21, 1996
He: Odgers/Potter Petition For Exemption
The old Robinson place is large, relative to the size of rural
Rulison. Drainage tendrils fan out from the property through the
downslope community. The subdivision review process needs to
address the many concerns surrounding division of this prominent
acreage.
A major concern is water.
Most of the irrigating water used on Erhard land comes from springs
located on the Robinson place.* These springs and others, both to
the east and west in the same strata, fluctuated over the years --
decreased in dry periods -- recovered, after a lag period, in
wetter times. Efforts to develope a greater flow in one spring
might cause another spring's output to decrease.
There are fears that additional wells, drilled to supply the
proposediexempted property households, will affect adversely the
output of existing wells. In fact, there are at present at least
three properties already created by Gai'CO's exemption process that
need working water wells if homes are to be built and potential
values realized.**
The Lemon development, exempted from any water requirement when
approved, is less than a city block from the proposed new tracts.
Wells are marginal.
Is it an obligation of GarCO to consider the circumstances
of these established small acreages that that it permitted
previously?
How can such review occur under the inflexible narrowly
focusedl'Exemption' review process:
The disposition of the largest, 180 acre parcel is not required to
A be addressed. I ask that you deny this Petition For Exemption.
Sincerely, /
7 %
l �'he,/Le_Gam'
Constance E. Erhard
**
*I expect this established easement to be recorded on the map.
Hod Miller ( formerly Ems exempted two lots )
Walter Lemon development
•
PO Box 649
6017 County Road 309
Rifle, CO 81650
970-625-4404
February 16, 1996
Mr. Mark Bean
Garfield County Planning Department
Garfield County Commissioners
109 Eighth Street
Glenwood Springs, CO 81606
Dear Sirs:
•4.14a;",�y 4„
°i FEB `2'I1
GA = is Ct,7 y
We are deeply offended by the proposed exemption on County Road 309 asked for by
Samuel B. and Teresa A. Potter and Thomas H. and Mary K. Odgers. We own land
and a home on DJ Road and wish to voice our opposition to this exemption request.
Please consider our reasons carefully.
Primarily, we wonder how such a development would affect our well. Water supply is
questionable in the area and the development the Potters and the Odgers are asking
to proceed with will definitely lower the level of water running into the water table
above our well. In the past, we had renters on our property. One of the reasons we
had to stop renting was that the water level was too low in the summer months. Our
renters informed us that in past summers our well went dry in the summer. In the
summer months it is difficult to take a shower and do laundry. The laundry ends up full
of sand. Should we lose our well, our property would lose more of its value than we
could regain.
We would request that before any type of variance or exemption be granted in this
case that ample evidence or testimony by a qualified expert be presented to the
commissioners that there is enough of a water supply in existence to supply the new
lots that are being proposed without compromising the existing wells in Rulison.
These tests should cover the output, particulate, salts, chemicals, and organics of each
well to serve as a benchmark in the event of future degradation of these wells.
Without a benchmark, no compensation would be likely should we lose our well in the
future. We want our children to be able to grow up here, but that won't happen if we
have no water. Because the Potters and the Odgers are asking for this exemption, we
believe the cost of such an analysis by a qualified expert should be borne by them.
Make the people asking for the exemptions responsible for the lost value of our home
should we lose our well water.
If the subdivision is allowed, the Odgers and the Potters should be required to provide
• .
domestic water source for all houses in the Rulison area that have wells that are
adversely affected. Another consideration would be the septic system discharge and
its affect on the downstream wells. Will the ground water be so contaminated as to
make our well unusable? These are all concerns that need to be addressed prior to
any type of approval for an exemption or for a subdivision.
We also question whether County Road 309 could sustain the construction traffic that
would accompany this type of development. The road was patched and is being
repatched after last years US West crews used the road for laying new phone cable.
Are the Odgers and the Potters willing to put the cost of replacing the road up front or
will that cost be borne by those of us with property adjacent to the road? Will these
funds come from county taxes which are already being cut?
We saved eight years for a place in the country. We feel that the lifestyle we sought
when we moved to Rulison is being compromised by the proposed exemption in this
case. We live in a rural area by choice and we want to keep it this way. We could not
have our pigs and chickens in a subdivision in Rifle and we'd rather not have a
subdivision is our rural area.This development gives no thought to the rural community
that has already been established in Rulison and is desired by those currently living
here. If Mr. Potter wants to develop land, why not across the street from where he lives
so he can look at it and live with it?
Also, the development of the land in question is objectionable because it does not
conform to existing state regulations and codes. This type of exemption is an abuse of
regulations for a profit motive on the part of the Odgers and the Potters. There is no
other listed reason in the petition, although they do make it sound as if they are doing
community service. If they want to develop the land at the expense of the neighbors
and neighborhood, let them go through the correct channels and proper procedure for
a full scale subdivision that conforms to the prescribed regulations and codes. Please
DO NOT allow them any exemptions or variances!
Once this type of exemption is allowed it can become an uncontrollable freight train
because of the precedence it sets in the area. We moved here from Craig, Colorado.
The growth there was not sufficiently controlled under existing guidelines and codes.
The results were disastrous in that the housing that was built was not of the quality one
would have expected previously and subdivisions frequently did not fit into the
neighborhood in which they were placed. Lifestyles of the people living in the area
were sometimes compromised by the new subdivisions.
A plan for the entire piece of property should be considered only after proper impact
studies have been conducted --especially on the water in the area. The Potters and
the Odgers should be held accountable for any adverse impacts upon the neighbors'
properties. A subdivision within a rural area is not unusual for this county right now,
but if it is to be, please make sure that it follows the regulations and codes laid down
for creating a subdivision so that is does not compromise the surrounding area. We
frequently read where such exemptions have been the cause of great heartache to
• •
those already living in rural areas in our county. We would like to be able to express
that our commissioners are regulating growth in the Rulison area in a responsible
manner.
There are too many unanswered questions and concerns to allow this exemption to be
granted. We trust that our county commissioners will use their wisdom to deny this
exemption.
Thank you,
ka
Michelle M.R. and Michael R. Scheele
FEB 2 1996 17 309 Road
hute, Colorado 81635
uary 20, 1996
et 't.11. C k.''JTY
Mr. Mark Bean
Garfield County Planning Department
109 E. Eighth Street
Glenwood Springs, Colorado 81601
Subject: Petition For Exemption
Thomas H. Odgers/Samuel A. Potter
We object to the petition for Exemption to subdivide 218 acres. The petition
Should be rejected for the following reasons.
Many dry holes have been drilled in this area. Some neighbors get barely
enough water to meet their household needs and go dry in a dry year. Our wells
are marginal. Show a decrease in production in the non -irrigating season and a
dramatic decrease in a dry year. The stress of more wells in this area in
close proximity to wells already in use is a major concern of ours.
There is just so much left off of the plat submitted that is of great concern.
Water easements, high voltage transmission lines and slide areas.
We are also concerned with sewerage and contamination of our wells. One of our
wells igapproximately 115 feet from the north boundary of Lot # 1. Our second
well is approximately 300 feet from the west boundary of Lot # 1. These wells
are down slope from all of the three plats. Detailed tests sould bgrequired
to be conducted and paid for by the petitioners.
This Exemption is asked, not because of a hardship to save a ranch, but for
monetary gains. The petitioners should go through the subdivision plan code.
This is also a wildlife, elk/deer, winter habitat. The wildlife also includes
wild turkey, bob cats, mountain lion and occasionally bear. The impact on
these animals having less feeding grounds, plus possible dog problems, is
growing more and more as these small splits are cut out of the land.
We urge the CoI[ffnissioners to deny this petition for Exemption.
Thank you for your time in considering our objections.
Sincerely, 7.
Z 1
/7)
L�
Eugene R. Scott
Evelyn R. Scott
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• •
Am1irrnia llnnrll Co.
Mr. Mark Bean
Garfield County Planning Dept.
Garfield County Commissioners
109 Eighth St.
Glenwood Springs, CO 81606
FINE BEEHIVE PRODUCTS
COMB HONEY BOTTLED HONEY
BEESWAX POLLEN
Blane Colton
6565 309 Road
Parachute (at Rulison), CO 81635
Phone (970) 625-3382
FAX (970) 625-3382
Dear Mr. Bean / County Commissioners, 2/20/96
Regarding the Odgers/Potter subdivision exemption:
EE 2 1
As both an affected adjacent landowner and an employer who conducts business in the affected
area, I would like to urge, in the strongest possible terms, the rejection of the Odgers/Potter subdivision
exemption.
First, exemptions from the subdivision process should properly be granted only when it is clear
that there will be no adverse effects upon the adjacent and surrounding landowners. Unless I am mistaken,
100% of the neighbors in the area object, strenuously, to this proposal.
Secondly, innumerable unforeseen consequences are probable when unplanned development
occurs outside the (proposed) county comprehensive plan. There currently exist several long unsold
subdivided properties in Rulison (Lemon). While few would object to the premise that a land owner should
be able to do pretty much as he/she wishes with their properties, non conforming land use negatively
impacts quality of life. Certainly, it is unacceptable to allow a pig farrn in a residential neighborhood. By the
same token, it is unacceptable to allow this subdivision in a rural area. And, most assuredly, it would be
unacceptable to allow this development to proceed through subdivision without the protection that the full
subdivision process would afford. Finally, it is morally unacceptable to allow an alteration to the existing
quality of life that virtually all of us in Rulison came here for to be irreversibly altered such that two parties
can increase their incomes by speculation. Petty schemes for making money, promoted by two individuals,
must not be allowed to proceed when the cost is to negatively impact dozens of long term residents.
Third, the existing water wells in the area are vulnerable to the drilling of additional wells. My well,
less than 200 feet from the proposed subdivision, is similar to others in that the flow rate is minuscule. My
long established honey business, and the livelihoods of myself and my employees are directly dependent
upon that well. It is marginal, at best, currently and I insist that the county do all within its power to avoid
jeopardizing our ability to continue to make a living on my property as we have done for well over twenty
years.
Fourth, any permitting for this proposal should be preceded by comprehensive testing of all of the
existing wells within a one mile radius. These tests should include flow rate, recovery rate, particulates, salts,
organics and other chemicals. The cost of these tests should be born by Odgers/Potter. And, again, these
tests should be performed prior to any permits being issued. The existing water wells in the area need this
type of study to arrive at a benchmark such that, if development and subsequent negative impacts were to
• 1
occur, the affected parties would have civil recourse. It is proper that the applicants should pay for these
studies since it is the threat to our water supply by the applicants that necessitates it. Without benchmark
studies, subsequent pollution or drying up of our water supplies would occur without recourse.
Fifth, the applicants intend to alter the usage of existing agricultural water rights to include, among
other things, "industrial" usage. Such a change is unprecedented in this area and is completely unacceptable
to the neighboring parties. Any permits or exemptions to permitting should stipulate clearly that existing
water rights be extended to domestic and agricultural use only. The idea that future owners could jeopardize
existing wells by operating factories or just simply watering lawns is completely unacceptable. There would
be no opportunity for protection in State water court and it therefore behooves the county to protect the
existing landowners most precious asset: our water.
Sixth, the application for exemption should be denied because the applicants have not made clear
what they intend to do with the entire property. Given the very short time between notification of the
current plan and the exemption hearing, the affected neighbors have not had sufficient time to look into the
possible impacts of this proposal. Once subdivision begins, president is set for further objectionable
development. It seems clear to me that the county has accepted the responsibility for protecting the existing
landowners and should require appropriate studies before any permits are granted. I am hoping that my
expectation of foresight and leadership from county officials will not be dashed in a race to mollify a
scheme by two parties to make a lot of money without actually having had to earn it first. Surely, the rights
of the many outweigh the rights of the moneyed few.
Seventh, it is clear that this proposal does not even remotely resemble a subdivision born of
hardship, wherein a party is compelled, by financial reasons, to sell a parcel in order to survive. This sort of
scenario is, of course, the heart of the reasoning behind an exemption to full subdivision processes. The
property in question is a farm, orchard and dwelling in an area of similar properties. It was just recently
purchased by the exemption applicants for the sole purpose of making money. I cannot imagine, in any
ethical world, that these individuAls could come to jeopardise the homes, wells and businesses of numerous
existing landowners for the sake of a buck. To permit this subdivision to materialize would be to allow those
with surplus financial resources to, "take" our land.
Please deny the application for exemption and allow previously existing landowners an
opportunity to protect our properties, lives and livelihoods.
Respectfully,
Blane Colton
u COUNTY
Mr. Mark Bean
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, Colorado 81601
Frank and Beverly Youland
6433 County Road 309
Parachute, (Rulison) CO 81635
February 16, 196
Subject: Petition For Exemption
Thomas H. Odgers/Samuel A. Potter
SE14 of Section 31, T85, R94W of the 6th P.M.
As a landowner and homeowner of property approximately 60 feet directl north of proposed
Lot 2 and northwest of proposed Lot 3, as shown on the Potter/Odgers Ex mption Plat, I have
some concerns about the proposed development, specifically those subje is addressed under
Paragraph F of the Petition and subparagraph F of the Submittal Requirements.
The lay of the land in this specific area is extremely down slope from south to north/northwest,
towards the Colorado River. All existing homes in this area use household exempt wells and/or
domestic wells for their water needs. During extended dry periods, these wells are very strained
even when used sparingly. My concerns are threefold in this area.
(1) What affect will three or more wells (upstream) have on my water supply?
We all know that water demand depends on the size of the household. What
happens when the demand outweighs the supply? Do we have senior rights over
the new homes? What is meant by "It is anticipated by the petitioners that a
community water supply system will be developed for both household and
irrigation water"? Who will develop this system? Who will pay for it? Who
will benefit?
(2) Sewerage Disposal: As there is no existing community sewerage disposal
system available for this project, I assume all lots will use septic tank and
absorption field systems. Have soil tests been made to determine 'f the area is
suitable for septic systems and will not contaminate water supplies. 1 The area
covered within this petition is extremely rocky, with gravel beds, etc. Very little
soil. What happens when my household water supply becomes un sable? My
well is approximately 100 feet from the north boundary of Lot #2. This same
1See Page 3, Paragraph 2, Septic Tank Absorption Fields, or The ifJ.S. Department of
Agriculture Soil Conservation Service Report dated 12/13/95.
• •
Garfield County Planning Department
February 16, 1996
Page Two
problem exists with the Scott and Colton properties. Detailed and ve
should be required to be performed and paid for by the petitioners
approval action by the Commission.
(3) Paragraph F also states, "Additional water decrees will be obtai
necessary to further this plan as the property is fully developed". W
additional decrees come from? Just so much water exists.
rifiable tests
prior to any
ned if and as
here will the
This whole proposal smells of the "buyer beware" concept. Let someone b y the property with
dreams of a home in one of the county's last remaining beautiful set ings containing elk
migration routes, wintering deer and elk herds, an abundance of coyotes, rkeys, and rabbits,
then have the dream shattered by legal battles concerning water and soil ccntamination claims.
Let's face it, some areas are not meant for major development. We still have herds of cattle and
horses being driven through the area to different grazing areas. What hap . ens when 50 to 60
cows trample someone's flowers or beautiful lawn? Reminder: In Colordo ou fence stock
out, not in.
I, for one, don't believe this property is adequate for development nor should it be developed
to satisfy someone's financial gain. These things should be checked and approved prior to
purchasing the property for this purpose.
I urge the Commission to use extreme caution in approving this Petition for Exemption. I only
wish I could be in attendance to personally present my concerns, but work requirements prohibit
me from doing so.
Thank you for any and all consideration you may give to this letter and I urge you to listen to
those in attendance.
Sincerely,
Frank Youland
C ALO IA. HOUPT & LIGHT, P.C.
ATTORNEYS AT LAW
SHERRY A. CALOIA
JEFFERSON V. HOUPT
SAMUEL J. LIGHT
February 21, 1996
Mr. Wayne Wells
6691 County Road 309
Parachute, CO 81635
Re: Potter/Odgers Subdivision Exemption
Dear Wayne:
L
FES 2 2 1996
1204D AVENUE
W
GLENOOD SPRIt , G :oTtAf3o aiitot .r
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
I have reviewed the Potter/Odgers subdivision exemption that is currently scheduled to
go before the County on Monday, February 26, 1996. Because I will be out of town, I will be
unable to attend that hearing. My partner, Jeff Houpt, will be available to attend that hearing
to answer any questions that may arise.
I have fully reviewed the Water Court application filed by Potter/Odgers and the
preceding Water Court decree for the Spring Ditches 1, 2 and 3 that they plan to rely on for
their water supply. I have sent a letter to the County which fully explains the problems with that
application.
It is my understanding that your property is directly adjacent to the Potter/Odgers'
property. As we are both aware, there is a discrepancy between the boundary line and the fence
line. You have always recognized the boundary line as the property line for your property and
have actually confirmed that with Mr. Robinson before his death. At this time, it is crucial that
the fence line not be included in the survey as it is not the boundary line. Including it on any
plat would only be confusing and misleading. Since you have record titl to, have paid taxes
on and have always claimed ownership to your property as it is legally described in the records
with the county clerk and recorder, the boundary line separating the east an west property being
on the section line and not on the fence line, I recommend that ou ask the county
commissioners to accurately reflect any such actual boundary line on the form and not the fence
line.
Additionally, the water claimed by Potter/Odgers as the domestic supply for the lots is
not legally capable of being used for such lots. While you have no claim to those springs, I
understand that you are concerned about their water supply. For reasons tated in my letter to
Mark Bean on behalf of Ova Gibbs, I would reiterate to the County that the e is no Water Court
decree allowing Potter/Odgers to use these springs for domestic purposes. Until they obtain a
Water Court decree allowing for such uses for four single family dwelling ., the County should
C: \ WP51 \DOCS\ W ELLS2.2LT
CALOIA, HOUPT & LIGHT, P.0
Mr. Wayne Wells
Page 2
February 21, 1996
not act upon the request. This is especially true because it is unlikely that any decree will be
entered. Other water users use the springs as the source of their adjudicated rights which are
senior to the springs original decree in W-008. It is additionally true because one can only use
their water rights as they have been used historically. Because the property has historically
grazed only a few head of cattle or horses, such amounts will not be adequate to supply water
to three or four single family dwellings as would be necessitated in the exemption procedure.
At this time, I believe that the County should deny the application as it is not complete.
Without being able to show that they can obtain a legal water supply, the County must deny this
request.
If you have any questions, please feel free to give me a call.
Very truly yours,
CALOIA, HOUPT & LIGHT, P.C.
SAC:nla
Enclosure
cc: Mark Bean "
C: \ W P51 \ DOCS \ W ELLS2.2 LT
• 110
Commonwealth Tule Company
of Garfield County, Inc.
127 East 5th Street - P. 0. Box 352
Rifle, Colorado 81650
(970) 625-3300 FIX (970) 625-3305
December 14, 1995
Stuver & George, P.C.
Attn: Russell
P.O. Box 907
Rifle, CO 81650
Dear Russell,
In addition to the owners set forth in my letter to
Sam Potter dated December 14, 1995, the following would
make up all of the owners within 200 feet of the entire
parcel owned by Odgers and Potter.
Wayne E. Wells
6691 309 Rd.
Parachute, CO 81635
Mountain Man Enterprises
361 Pikes Peak Dr.
Grand Junction, CO 81503
Gary D. & Elaine M. Allen
6208 309 Rd.
Parachute, CO 81635
James Robert Lemon
6343 301 Rd.
Parachute, CO 81635
If you have any questions or comments, please contact
this office.
Sincerely,
Dean H. Hubbell
DHH/cjd
cc: Sam Potter
•
Commonwealth Title Company
of Garfield County, Inc.
127 East 5th Street - P. 0. Box 352
Rifle, Colorado 81650
(970) 625-3300 FAX (970) 625-3305
December 14, 1995
Sam Potter
120 West 4th St.
Rifle, CO 81650
Dear Sam,
Pursuant to your request, we have examined ownership
of property within 200 feet of your proposed subdivision
exemption and the following owners would be affected:
Blane Colton
6565 309 Rd.
Parachute, CO
Harry L. & Linda E. Hasty
6565 309 Rd.
81635 Parachute, CO 81635
Frank L. & Beverly A. Youland
6433 309 Rd.
Parachute, CO 81635
Ova Gibbs
6299 309 Rd.
Parachute, CO 81635
Eugene R. & Evelyn R. Scott
RRl Box 6373
Parachute, CO 81635
The current severed mineral owners are:
Dorothy Lois George as
Personal Representative of the
Estate of Barbara B. Robinson
Route 2 Box 9-A
Grand Saline, TX 75140
Marian G. Clem
7416 West Clifton Ave.
Littleton, CO 80123
The current lessee of the mineral rights is Barrett
Resources Corporation, 1125 17th St. #2400, Denver, CO
80202.
If you have any questions or comments, please contact
this office.
Sincerely,
ca, aossz
Dean H. Hubbell
DHH/cjd
•
478135 B-940 P-885 05/16/95 03:27P PG 1 OF 2 REC DOC NOT
MIIDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 10.00 24.09
P ERS O N.AL RE PRE S EN T A T= V E S D E D
THIS DEED, made by DOROTHY LOIS GEORGE, as personal
representative of the Estate of BARBARA B. ROBINSON, Deceased,
grantor, an undivided one-half interest to SAMUEL B. POTTER and
TERESA A. POTTER, JTWROS as between themselves, and an undivided
one-half interest to THOMAS H. ODGERS and MARY K. ODGERS, JTWROS as
between themselves, Grantees, whose address is 0598 County Road
323, Rifle, CO 81650.
WHEREAS, the grantor is the qualified personal
representative of the Estate of BARBARA B. ROBINSON under
appointment of Court entered on the 24th day of January, 1994, by
the District Court in and for Garfield County, Colorado, Probate
No. 93PR86.
NOW THEREFORE, the grantor distributes and conveys to the
Grantees, the following real property situate in Garfield County,
Colorado, to wit:
The E1/2 SE1/4, the E1/2 N*W1/4 SE1/4, the
SW1/4 SE1/4, excepting a strip of land in the
West end 275 feet wide and 1320 feet in length
and running North and South parallel to the
West line of the SW1/4 SE1/4. All of the
above described land in Section 31, Township 6
South, Range 94 West, 6th P.M.
Also: Lot 2, Section 6, Township 7 South,
Range 94 West, 6th P.M., excepting some 10.2
acres that lay South of a line that begins at
a point 138 feet North from the Southeast
corner of Lot 2 and extends Northwesterly
across Lot 2 to a point 538 feet North from
the Southwest corner of Lot 2.
Also: Lot 1, Section 6, Township 7 South,
Range 94 West, 6th P.M., excepting some 8.9
acres that lay South of a line that begins at
a point 450 feet North of the Southeast corner
of Lot 1, and extends Southwesterly across Lot
1 to a point 138 feet North from the Southwest
corner of Lot 1. Also Lot 4, Section 5,
Township 7 South, Range 94 West, 6th P.M.,
excepting some 15.0 acres that lay South of a
line that begins at a point 500 feet North
from the Southeast corner of Lot 4 and extends
West across Lot 4 to a point 500 feet North
from the Southwest corner of Lot 4.
Together with all improvements and
appurtenances belonging thereto containing 218
acres, more or less.
Together with, but without warranty or
representation, all and every part of
Grantor's interest, rights, and ownership,
whatsoever, in and to all water, both springs
and ditches, ditch rights and spring rights,
that it has, owns, or uses on the above
described land by way of enumeration and not
by limitation as to the following ditch and
�s t
1
478135 B-940 P-886 05/16/95 03:27P PG 2 OF 2
water rights, to wit: All its interest in the
Reynolds and Gillum Ditch from Cache Creek,
Priority No. 119B and especially all interest
in the Helen G. Reynolds adjudication of water
from 2 or more springs as shown in Decree
Book, Water District No. 45, page 154, and
also that part of which is described in Doc.
No. 28055,. Garfield County, Colorado records
and designated as the No. 5 Spring Ditch.
Also all of Grantor's interest and ownership
in and to a water filing on several spring
ditches by Sebastian Keller on September 15,
1897, and recorded in Garfield County as Doc.
No. 20351.
Together with all of Grantor's interest in
Water Cases No. W-2008 and 94CW114 in the
District Court in and for Water Division No.
5, State of Colorado, and all water and water
rights represented by the ruling and decrees
in those cases.
Together with the water well located on the
property.
Subject, however, to easements in place and
being used or of record prior to the date
hereof.
The Grantor reserves to itself an undivided
one-half share of the interest Grantor owns of
oil, gas, petroleum, and minerals, upon, in or
under the above-described real property.
/5T
Executed this/5th day of May, 1995.
/
Dorothy Lois George
Personal Representative of the
Estate of BARBARA B. ROBINSON
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
15th The foregoing instrument was acknowledged before me on
this fh day of May, 1995 by DOROTHY LOIS GEORGE, Personal
Representative of the ESTATE OF BARBARA B. ROBINSON.
Witness my hand and official seal.
My commission expires:
8cdyg
4-2
/A. //_ _
Notary • blic
127 West 5th Street
Rifle, CO 81650
1
477012 3-938 P-101 04/21/95 04:27P PG 2 OF 2
EXHIBIT A
The E1/2 SE1/4, the E1/2 NW1/4 SE1/4, the SW1/4 SE1/4, excepting a
strip of land in the West end 275 feet wide and 1320 feet in length
and running North and South parallel to the West line of the SW1/4
SE1/4. All of the above described land in Section 31, Township 6
South, Range 94 West of the 6th P.M.
Also: Lot 2, Section 6, Township 7 South, Range 94 West, 6th P.M.,
excepting some 10.2 acres that lay South of a line that begins at
a point. 138 feet North from the Southeast corner of Lot 2 and
extends Northwesterly across Lot 2 to a point.538 feet North from
the Southwest corner of Lot 2.
Also: Lot 1, Section 6, Township 7 South, Range 94 West, 6th P.M.,
excepting some 8.9 acres that lay South of a line that begins at a
point 450 feet North of the Southeast corner of Lot 1, and extends
Southwesterly across Lot 1 to a point 138 feet North from the
Southwest corner of Lot 1. Also Lot 4, Section 5, Township 7
South, Range 94 West, 6th P.M., excepting some 15.0 acres that lay
South of a line that begins at a point 500 feet North from the
Southeast corner of Lot 4 and extends West across Lot 4 to a point
500 feet North from the Southwest corner of Lot 4, together with
all improvements and appurtenances belonging thereto. Containing
218 acres, more or less.
Also: All and every part of grantors' interest, rights, and
ownership, whatsoever, in and to all water, both springs and
ditches, ditch rights and spring rights, that they have, own or use
on the above described land by way of enumeration and not by
limitation as to the following ditch and water rights, to wit: all
their interest in the Reynolds and Gillum Ditch from Cache Creek,
Priority No. 119E and especially all interest in the Helen G.
Reynolds adjudication of water from 2 or more springs as shown in
Decree Book, Water District No. 45, page 154, and also that part of
which is described in Doc. No. 28055, Garfield County, Colorado
records and designated as .the No. 5 Spring Ditch. Also all of
grantors' interest and ownership in and to a water filing on
several spring ditches by Sebastian Keller on September 15, 1897,
and recorded in Garfield County as Doc. No. 20351.
Subject, however, to easements in place and being used or of record
prior to the date hereof. The grantors reserve to themselves,
their heirs, and assigns, an undivided one-half interest in and to
all oil, gas, petroleum, and minerals, upon, in, or under the above
described real property.
County of Garfield
State of Colorado
SHEET N(
RIFLE AREA.
(RULISON
9
45
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•
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• 1
i
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
SANITARY FACILITIES
Soils
• PAGE 1 OF 4
12/13/95
(The information in this report indicates the dominant soil condition but does not eliminate the need for onsite
investigation)
Map symbol ; Septic tank Sewage lagoon Trench
and soil name absorption areas sanitary
fields landfill
34:
Ildefonso Severe:
slope
56:
Potts
58:
Potts
Ildefonso
59:
Potts
Ildefonso
67:
Torriorthents,
Steep
Severe:
percs slowly
Severe:
percs slowly,
slope
Severe:
slope
Severe:
percs slowly,
slope
Severe:
slope
Severe: ;Severe:
seepage, 'r slope,
slope, ; large stones
large stones
:Moderate:
slope
Severe:
seepage,
slope
Severe: Severe:
seepage, ; slope
slope
Severe: ;Severe:
seepage, ; slope,
slope, ; large stones
large stones
;Severe:
seepage,
slope
:Severe:
seepage,
slope,
large stones
Severe: ;Severe:
depth to rock, ; depth to rock,
slope ; slope
:Severe:
slope
;Severe:
slope,
large stones
;Severe:
depth to
slope
Area
sanitary
landfill
:Severe:
slope
:Moderate:
slope
;Severe:
slope
;Severe:
slope
:Severe:
slope
;Severe:
slope
;Severe:
rock, ; slope
Daily cover
for landfill
;Poor:
small stones,
slope
Fair:
slope
Poor:
slope
;Poor:
small stones,
slope
;Poor:
slope
;Poor:
small stones.
slope
:Poor:
depth to rock,
small stones,
slope
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
SANITARY FACILITIES --Continued
Soils
PAGE 2 OF 4
12/13/95
Map symbol ; Septic tank Sewage lagoon Trench Area ; Daily cover
and soil name absorption ; areas sanitary
sanitary I for landfill
fields ; landfill landfill
II I
I I
I I I
Rock Outcrop,
I
Steep ;Severe ;Severe: :Severe ;Severe: :Poor:
depth to rock, ; depth to rock. ; depth to rock, ; depth to rock, ; depth to rock.
slope ; slope ; slope ; slope ; slope
I. I I I
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
Endnote -- CONSTRUCTION MATERIALS
• •
CONSTRUCTION MATERIALS
PAGE 3 OF 4
12/13/95
This report gives information about the soils as a source of roadfill. sand. gravel. and topsoil. The soils are rated
"Good". "Fair". or "Poor" as a source of roadfill and topsoil. They are rated as a "Probable" or "Improbable"
source of sand and gravel. The ratings are based on soil properties and site features that affect the removal of the
soil and its use as construction material. Normal compaction. minor processing, and other standard construction
practices are assumed. Each soil is evaluated to a depth of 5 or 6 feet.
Roadfill is soil material that is excavated in one place and used in road embankments in another place. In this report.
the soils are rated as a source of roadfill for low embankments, generally less than 6 feet high and less
exacting in design than higher embankments. The ratings are for the soil material below the surface layer to a
depth of 5 or 6 feet. It is assumed that soil layers will be mixed during excavating and spreading. Many soils have
layers of contrasting suitability within their profile. The report entitled Engineering Index Properties is also available
and it provides detailed information about each soil layer. This information can help determine the suitability of each
layer for use as roadfill. The performance of soil after it is stabilized with lime or cement is not considered in
the ratings.
The ratings are based on soil properties, site features, and observed performance of the soils. The thickness of
suitable material is a major consideration. The ease of excavation is affected by large stones. a high water table,
and slope. How well the soil performs in place after it has been compacted and drained is determined by its strength (as
inferred from the engineering classification of the soil) and shrink -swell potential.
Soils rated "Good" contain significant amounts of sand or gravel or both. They have at least 5 feet of suitable
material, a low shrink -swell potential, few cobbles and stones. and slopes of 15 percent or less. Depth to the
water table is more than 3 feet
Soils rated "Fair" are more than 35 percent silt- and clay -sized particles and have a plasticity of less than 10.
They have a moderate shrink -swell potential, slopes of 15 to 25 percent, or many stones. Depth to the water table is 1
to 3 feet.
Soils rated "Poor" have a plasticity index of more than 10, a high shrink -swell potential, many stones, or slopes of
more than 25 percent. They are wet. and the depth to the water table is less than 1 foot. These soils may have
layers of suitable material, but the material is less than 3 feet thick.
Sand and gravel are natural aggregates suitable for commercial use with a minimum of processing. Sand and
gravel are used in many kinds of construction. Specifications for each use vary widely. In this report only
the probability of finding material in suitable quantity is evaluated. The suitability of the material for specific
purposes is not evaluated, nor are factors that affect excavation of the material. The properties used to evaluate
the soil as a source of sand or gravel are gradation of grain sizes (as indicated by the engineering classification
of the soil), the thickness of suitable material, and the content of rock fragments. Kinds of rock, acidity. and
stratification are given in the soil series descriptions. Gradation of grain sizes is given in the Engineering Index
Properties report.
A soil rated as a "Probable" source has a layer of clean sand and gravel or a layer of sand or gravel that contains
up to 12 percent silty fines. This material must be at least 3 feet thick and less than 50 percent, by weight. large
stones. A11 other soils are rated as an "Improbable" source. Coarse fragments of soft bedrock. such as shale and
siltstone. are not considered to be sand and gravel,
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
•
SANITARY FACILITIES
Endnote -- SANITARY FACILITIES --Continued
• PAGE 4 OF 4
12/13/95
on soil properties, site features, and observed performance of the soils. Permeability, depth to bedrock or to a
cemented pan, a high water table, slope. and flooding affect both types of landfill. Texture, stones and boulders.
highly organic layers, soil reaction, and content of salts and sodium affect trench type landfills. Unless otherwise
stated, the ratings apply only to that part of the soil within a depth of about 6 feet. For deeper trenches, a
limitation rate "Slight" or "Moderate" may not be valid. Onsite investigation is needed.
DAILY COVER FOR LANDFILL is the soil material that is used to cover compacted solid waste in an area type sanitary
landfill. The soil material is obtained offsite, transported to the landfill, and spread over the waste.
Soil texture, wetness, coarse fragments, and slope affect the ease of removing and spreading the material during wet
and dry periods. Loamy or silty soils that are free of large stones or excess gravel are the best cover for a
landfill. Clayey soils may be sticky or cloddy and are difficult to spread: sandy soils are subject to soil
blowing. After soil material has been removed, the soil material remaining in the borrow area must be thick enough
over bedrock. a cemented pan, or the water table to permit revegetation. The soil material used as final cover for a
landfill should be suitable for plants. The surface laver generally has the best workability, more organic matter than
the rest of the profile. and the best potential for plants. Material from the surface layer should be stockpiled for use
as the final cover.
U.S. DEPARTMENT OF AGRICULTURE PAGE 1 OF 2
SOIL CONSERVATION SERVICE 12/13/95
SOIL FEATURES
Soils
Bedrock Cemented pan ; Subsidence ; ; Risk of corrosion
Potential '
Map symbol , ;frost action; Uncoated
and soil name Depth ;Hardness; Depth Kind ;Initial; Total ; 1 steel ; Concrete
34:
Ildefonso
In In In In
>60 'Moderate ;Low
Low
1
56: 1 1
I I
Potts >60 ; ;Low !High ;High
1 1 1 I
, I
58: 1
I
Potts >60 ;Low !High :High
1 I 1 I
Ildefonso >60 -- ; !Low ;Moderate ;Low
59: 1 1
Potts >60 ;Low ;High :High
1 I
I ,
Ildefonso >60 ;Low ;Moderate ;Low
1 1 I 1
67: 1 i 1 i 1
,
Torriorthents. ' I
,
Steep 4-30 Hard ;Low ;High ;Low
1
, 1
Rock Outcrop.
Steep --- Soft ! ! !None
•
Map symbol Shallow Dwellings Dwellings ; Small Local roads ; Lawns and
and soil name ; excavations ; without with ; commercial and streets ; landscaping
basements basements ; buildings
1 1 1
I
I
1 1
34: '
I ,
Ildefonso ;Severe: ;Severe: Severe: ;Severe: :Severe: ;Severe:
slope ; slope slope ; slope ; slope ; slope
I I I
I ,
56: 11 1
1 1 1 1
Potts ;Moderate: ;Moderate: ;Moderate: ;Severe: ;Severe: :Moderate:
slope shrink -swell. ; slope ; slope ; low strength ; slope
slope ' 1 I I
1
I
58: 1 I
1
Potts ;Severe: ;Severe: ;Severe: :Severe: ;Severe: ;Severe:
slope ; slope ; slope ; slope ; low strength, ; slope
1
. , , : slope
1 I 1
I
Ildefonso ;Severe: ;Severe: ;Severe: :Severe: ;Severe: ;Severe:
slope ; slope ; slope ; slope ; slope ; slope
I I I I I I
I I I I I I
59:
Potts ;Severe: ;Severe: :Severe: ;Severe: ;Severe: ;Severe:
slope ; slope ; slope ; slope ; low strength, ; slope
slope '
1 1 1
1 1 ! 1
Ildefonso ;Severe: ;Severe: :Severe: ;Severe: ;Severe: ;Severe:
slope ; slope ; slope ; slope ; slope ; slope
II I
I I !
67: 1 1 1
I
Torriorthents. ; 1
I
Steep ;Severe: :Severe: ;Severe: :Severe: :Severe: ;Severe:
depth to rock.; slope. ; depth to rock.; slope, ; depth to rock „ slope,
slope ; depth to rock ; slope ; depth to rock ; slope ; depth to rock
II , , ,
I I , i
Rock Outcrop, 1
Steep ;Severe: ;Severe: ;Severe: :Severe: ;Severe: :Severe:
depth to rock slope ; depth to rock,; slope ; slope ; droughty,
slope ' slope slope.
,
' depth to rock
1
U.S. DEPARTMENT OF AGRICULTURE
' SOIL CONSERVATION SERVICE
SOIL FEATURES
Endnote -- SOIL FEATURES
•AGE 2 OF 2
12/13/95
This report gives estimates of various soil features. The estimates are used in land use planning that involves
engineering considerations.
Depth to bedrock is given if bedrock is within a depth of 5 feet. The depth is based on many soil borings and on
observations during soil mapping. The rock is either "Soft" or "Hard". If the rock is "Soft" or fractured, excavations
can be made with trenching machines, backhoes, or small rippers. If the rock is "Hard" or massive, blasting or
special equipment generally is needed for excavation.
Cemented pans are cemented or indurated subsurface layers within a depth of 5 feet. Such pans cause difficulty in
excavation. Pans are classified as "Thin" or "Thick". A "Thin" pan is less than 3 inches thick if continuously
indurated or less than 18 inches thick if discontinuous or fractured. Excavations can be made by trenching machines,
backhoes, or small rippers. A "Thick" pan is more than 3 inches thick if continuously indurated or more than 18
inches thick if discontinuous or fractured. Such a pan is so thick or massive that blasting or special equipment is
needed in excavation.
Subsidence is the settlement of organic soils or of saturated mineral soils of very low density. Subsidence
results from either desiccation and shrinkage or oxidation of organic material, or both, following drainage.
Subsidence takes place gradually, usually over a period of several years. This report shows the expected initial
subsidence, which usually is a result of drainage, and total subsidence, which usually is a result of oxidation. Not
shown in the report is subsidence caused by an imposed surface load or by the withdrawal of around water throughout
an extensive area as a result of lowering the water table.
Potential frost action is the likelihood of upward or lateral expansion of the soil caused by the formation of
segregated ice lenses (frost heave) and the subsequent collapse of the soil and loss of strength on thawing. Frost
action occurs when moisture moves into the freezing zone of the soil. Temperature. texture. density, permeability,
content of organic matter. and depth to the water table are the most important factors considered in evaluating the
potential for frost action. It is assumed that the soil is not insulated by vegetation or snow and is not artificially
drained. Silty and highly structured clayey soils that have a high water table in winter are the most susceptible to
frost action. Well drained, very gravelly, or very sandy soils are the least susceptible. Frost heave and low soil
strength during thawing cause damage mainly to pavements and other rigid structures.
Risk of corrosion pertains to potential soil -induced electrochemical or chemical action that dissolves or weakens
uncoated steel or concrete. The rate of corrosion of uncoated steel is related to such factors as soil moisture,
particle -size distribution. acidity, and electrical conductivity of the soil. The rate of corrosion of concrete
is based mainly on the sulfate and sodium content, texture, moisture content. and acidity of the soil. Special
site examination and design may be needed if the combination of factors creates a severe corrosion environment. The steel
installations that intersect soil boundaries or soil layers is more susceptible to corrosion than steel in
installations that are entirely within one kind of soil or within one soil layer. For uncoated steel, the risk of
corrosion, expressed as "Low", "Moderate", or "High". is based an soil drainage class. total acidity. electrical
resistivity near field capacity, and electrical conductivity of the saturation extract.
For concrete, the risk of corrosion is also expressed as "Low". "Moderate". or 'High". It is based on soil texture.
acidity, and amount of sulfates in the saturation extract.
U.S. DEPARTMENT OF AGRICULTURE PAGE 1 OF 2
SOIL CONSERVATION SERVICE 12/13/95
BUILDING SITE DEVELOPMENT
Soils
(The information in this report indicates the dominant soil condition but does not eliminate the need for onsite
U.S. DtPARTMENT OF AGRICULTURE
'SOIL CONSERVATION SERVICE
BUILDING SITE DEVELOPMENT
Endnote -- BUILDING SITE DEVELOPMENT
• PAGE 2 OF 2
12/13/95
This report shows the degree and kind of soil limitations that affect shallow excavations. dweliinos with and without
basements, small commercial buildings, local roads and streets. and lawns and landscaping. The limitations are
"Slight", "Moderate", or "Severe". The limitations are considered "Slight" if soil properties and site features are
generally favorable for the indicated use and limitaions are minor and easily overcome: "Moderate" if soil properties
or site features are not favorable for the indicated use and special planning, design. or maintenance is needed to
overcome or minimize the limitations; and "Severe" if soil properties or site features are so unfavorable or so
difficult to overcome that special design, significant increases in construction costs. and possibly increased
maintenance are required. Special feasibility studies may be required where the soil limitations are severe.
SHALLOW EXCAVATIONS are trenches or holes dug to a maximum depth of 5 or 6 feet for basements, graves, utility lines,
open ditches. and other purposes. The ratings are based on soil properties, site features, and observed performance of
the soils. The ease of digging. filling, and compacting is affected by the depth to bedrock, a cemented pan. or a very
firm dense layer: stone content; soil texture: and slope. The time of the year that excavations can be made is
affected by the depth to a seasonal high water table and the susceptibility of the soil to flooding. The resistance of
the excavation walls or bands to sloughing or caving is affected by soil texture and the depth to the water table.
DWELLINGS AND SMALL COMMERCIAL BUILDINGS are structures built on shallow foundations on undisturbed soil. The load
limit is the same as that for single-family dwellings no higher than three stories. Ratings are made for small
commercial buildings without basements. for dwellings with basements. and for dwellings without basements. The ratings
are based on soil properties, site features, and observed performance of the soils. A high water table. depth to bedrock
or to a cemented pan, large stones, slope, and flooding affect the ease of excavation and construction. Landscaping
and grading that require cuts and fills of more than 5 or 6 feet are not considered.
LOCAL ROADS AND STREETS have an all-weather surface and carry automobile and light truck traffic all year. They
have a subgrade of cut or fill soil material, a base of gravel, crushed rock, or stabilized soil material, and a
flexible or rigid surface. Cuts and fills are generally properties, site features, and observed performance of the
soils. Depth to bedrock or to a cemented pan, a high water table, flooding, large stones, and slope affect the ease of
excavating and grading. Soil strength (as inferred from the engineering classification of the soil), shrink -swell
potential, frost action potential, and depth to a high water table affect the traffic -supporting capacity.
LAWNS AND LANDSCAPING require soils on which turf and ornamental trees and shrubs can be established and
maintained. The ratings are based on soil properties, site features, and observed performance of the soils. Soil
reaction, a high water table, depth to bedrock or to a cemented pan. the available water capacity in the upper 40
inches, and the content of salts, sodium. and sulfidic materials affect plant growth. Flooding, wetness. slope.
stoniness, and the amount of sand, clay, or organic matter in the surface layer affect trafficability after vegetation
is established.
NONTECHNICAL SOILS DESCRIPTION REPORT
Soils
Map
Symbol
Soil name and description
34 ; Iidefonso stony loam, 25 to 45 percent slopes
This deep, well -drained soil is on mesas, benches. and
sides of valleys. This soil formed in mixed alluvium
derived primarily from basalt. The surface laver is
stony loam about 8 inches thick. The underlying
material is very strongly calcareous very stony loam to
a depth of 60 inches. Permeability is moderately
rapid. and available water capacity is low. Effective
• •
SUBMITTAL REOUIREMENTS
A. Blue line plats are submitted with this application.
B. Vicinity map is on the plat.
C. Copy of deed showing ownership is attached.
D. Names and addresses of owners, lessees, etc. is attached.
E. Evidence of soil types is attached.
F. Each lot is greater than two acres, allowing individual
septic tank/leach field systems.
Petitioners own a pre -1972 well on this property which is
presently being tested and inspected to determine quantity
available. The well provides potable water which has served the
existing residence on the property since being developed. The
owners also own substantial spring water rights and flows
pursuant to decrees in cases number W-2008 and 94CW114 (copies
attached). Additionally, (or alternatively as each may prefer)
the owners of the individual lots will be legally entitled to
obtain well permits for household exempt wells or for domestic
wells. This property is within the Area A of the West Divide
Water Conservancy District Substitute Supply plan and can be
served by the West Divide augmentation contract program. It is
anticipated by the Petitioners that a community water supply
system will be developed for both household and irrigation water.
Each of the lots created will receive a proportionate share of
rights in this system. Additional water decrees will be obtained
if and as necessary to further this plan as the property is fully
developed.
With respect to fire protection, these exempted lots all
border the county road and are therefore readily serviced by fire
equipment. Outside valves/faucets/hydrants will be made
available so that fire fighters may have access to the domestic
and irrigation supplies of water serving these properties. No
plan is being made to provide stored water for fire fighting, nor
has such a demand been made.
G. No connection to an existing community or municipal water or
sewer system is proposed other than as discussed in paragraph F.
above.
H. The lots being created by this exemption are in conformity
with the existing development in this area. There is significant
demand for lots of this size for single family homes. This form
of development and its location on the county road will allow
the price to remain consistent with current market conditions.
•
Page Two
Submittal Requirements
I. The predecessors of the present owners (Petitioners)
purchased the subject property in the 1960's and occupied the
entire property until their deaths. No division was made during
their ownership. Present owners acquired all rights of their
predecessors and have not made any divisions until this
application.
J. The required fee is submitted herewith.
DISTRICT COURT, WATER DIVISION NO. 5, STATE OF CO
Application No. 94 CW 114
Fl`.T,Ii7
!N GGTM 3. N'EC c LJR';
GAFT'iFf_r.: r7(7,t jhi'rY cc,
RADD MAY S'
RULING OF REFEREE
CONCERNING THE APPLICATION FOR WATER RIGHTS OF
THE ESTATE oP BARBARA B. ROBINSON, Deceased
TRIBUTARY TO THE COLORADO RIVER IN GAR'IELD COUNTY, COLORADO
The Application
Statements of apposition
order of Court by Ova A.
Elaine Allen and Ronald B.
Water Referee.
in this case was filed on May 27, 1994.
were timely filed or filed subject to
Gibbs, Constance L. Erhard, Gary and
Cloninger. The case was referred to the
An Amended Application for Change of Water Rights was
filed with permission of the Court on December 28, 1994. Action of
the Referee is in accordance with Article 92 of Chapter 37,
Colorado Revised Statutes, 1973, known as the Water Right
Determination and Administration Act of 1969.
All statements of Opposition have been withdrawn
consistent with the representations made in said amended
application as the basis for findings and conclusions in this
Ruling.
The undersigned Referee has made such investigations as
are necessary to determine whether or not the statements in the
Amended Application are true and having become fully advised with
respect to the subject matter of the Amended Application does
hereby make the following determination and Ruling of the Referee
in this matter, to wit:
1. The statements in the Amended Application are true.
2. The name of the Applicant is the Estate of Barbara
B. Robinson, Deceased, c/o Dorothy Lois George, Personal
Representative, Route 2, Box 9A, Grand Saline, Texas 75140.
follows:
3. The changes of water rights applied for is as
a. Spring No.
Spring No.
Spring No.
1, Spring Ditch No. 1
2, Spring Ditch No. 2
3, Spring Ditch No. 3
All as decreed on March 15, 1978 in Case No.
W-2008, Water Court for Division No. 5.
b. The surveyed legal description of the springs
and ditches were erroneous as set forth in the decree in Case No.
W-2008.
c. The source of water is the three springs,
tributary to the Colorado River.
d. The corrected legal description or legal points
of diversion for these water rights are as follows:
(i) Spring No 1, which feeds Spring Ditch No. 1, is
located at a point 968.35 feet on a bearing of S. 11°31'21" W. of
the Northeast Corner of Section 6, Township 7 South, Range 94 West
of the 6th P.M.
(ii) SgLiDg No. 2, which feeds Spring Ditch No. 2,
is located at a point 1261.19 feet on a bearing of 5. 53°51'16" W.
of said Northeast Corner of Section 6, Township 7 South, Range 94
West of the 6th P.M.
(iii) Spring No. 3, which feeds Sprina pitch No. 3,
is located at a point 1523.51 feet on a bearing of S. 70°17'43" W.
of said Northeast Corner of Section 6, Township 7 South, Range 94
West of the 6th P.M.
e. The appropriation date previously adjudicated
to the water right is April 20, 1896. The water was first applied
to beneficial use on February 14, 1897, and has been continuously
used on the land of the applicant since that time.
f.
and irrigation are
g.
springs, which are
The adjudicated uses of the water for livestock
not proposed to be changed.
The adjudicated absolute amounts of the
not proposed to be changed, are as follows:
(i) Spring No. 1:
(ii) Spring No. 2:
(iii) Spring No. 3:
h. Pring dig. 4, which feeds i
is located at a point 1921.30 feet on a bearing of said Northeast corner of Sect
Ditch No. 4 are hereby gpap1oned.
Spring Ditri No. 4,
of 5 .
86R09'13" W.
Spring
.03 cfs
.29 cfs
.05 cfs
No. 4 and Spring
the Amended
The Referee does therefore conclude that
Application should be granted as follows:
A. The decreed points of diversion of the three named
springs shall be changed as set forth above in this Ruling.
2'd
2
Q13IJdu5i1SIQ 1uIOIarir H16 22:0T cam, ?T 1.1-11,J
94CW114
• •
B. The appropriation date and adjudicated amounts of
use and decreed historic uses shall be as set forth above in this
Ruling, being the same as decreed in Case No. W-2008.
C. Spring No. 4 and Spring Ditch No. 4 are hereby
abandoned.
D. Case No. W-2008, except to the extent changed by
this decree, is reaffirmed.
The change of water rights awarded herein is absolute and
unconditional, subject to all earlier priority rights of others and
to the integration and tabulation by the Division Engineer of such
priorities and changes of rights in accordance with law.
It is accordingly ordered that his 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:
( , 1995
Water Referee
Water Division No. 5
State of Colorado
No protest was filed in this matter. The foregoing
Ruling is confirmed and approved, and is made the Judgment and
Decree of this Court.
DATED: _'_ `5 , 1995
1),
4.�r! ,Jay.
�, ti`s
3
BY THE COURT:
District Judge
•
'l;ecoraed
at 2. 1, u'•elock • fi.. . 14.
Lion fo. `,�.. -4*. -'- '1!;:lla �;Lcad�cns, I;ccordcr
4'accci - ..
r.•
IN '1711•: DISTRICT COURT 1N A11p } IN 11rA'1';: .
llivi:,'('u ['vu.
}
FILED
l'OR WATL11 DIVISION NO.. 5
:;TATs; OF COLORADO
Application No. W-2008
IN THE MATTER OF THE APPLICATION )
FOR WATER 'RIGHTS 01•' 1•:RVIN B. ROBINSON )
AND BARBARA B. ROBINSON 1N THE )
COLORADO RIVER )
IN GA FIELD Cou;-rr )
U L. L:1 ; 19 t a
rjT ATL= Or= c(` L._tir?ADo
.... nv rrri:i,
RUr,7NG OF
TIT5157-
57-
The above Inti ticd matter having been rcfcrr•ctl to the under-
cignod'as'Water Referee for Water Divi:;i.oaa No. 5, State of Colorado,
by tilt Water Judge of said Court on the 25th. cloy of September, 1973,
in accordance with Article 21 of Chapter 11i8, Colorado Revised
Statutes 1963, au cucicnd''d (Chapter 373 3.1,. Colo. 1969), known a,;
The Water Rights Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations
as are necessary Lo determine whether or nut the statements in Lhc
application. are true and leaving become fully advised with respect
to the subject matter of the application doer; hereby ;.akc the
following determination aid ruling.; us tlac Referee in Llai;; matter
to -wit:
1. The ututcrncnts •in the application arc true..
2. The name:.; of the structures arc :spring Ditch No. 1,
Spring Ditch No. 2, 4pring. Di.Lch No. 3 and Spring
Ditch No. If .
3. The named and address of clairnanta are: Ervin 13.
Ilobinnon and 13arborut 13. Ilobincon, Rural Route No. 1
Grand Valley, Colorado &1635.
1+. The source of Lhc Water is from Springs tributary to
the Colorado River.
5. The locations of the spring;.; which feed the four
'ditcher; are,as follows: !Thrini- Ido. 1,. which feral;;
aprir L"D.itr;h Un. 1 1; .located cal. u point 310 feet
West of the NouLhcn:;L Corner of Section 31., 'town:;i,i.p
6 S. , Ii'unge • 94 Wr:; t of the 6 Lh P11. Gyri nib No. ?, which
fced1Spri.nrr Ditch ,; ,. �:, i:; located at.a point whence
the Southeast Corner of Section 31, 'Township 6
Range C4 West gf the 6th Pl-1, bears North 770 09' East
1972 feet. :;price No. ',, which feed;;.: gins Iii teh Ile,.
3, is located at a point whence the Lou Lhwcs 1 Corner of
Section 31, Township 6 S., Range 94 West of the 6th
1'Ii, bears Nor LI 72' 10' West 2320 feet. •;;orl:.n,r -_A
wi l l c h: 1. e:ct cd -s •• j}, r i`c c r.�l i .t. c h IJ,, r -_l.<, • i a located a L a point
whence the Southwest Corner of ,ect.ion 31., 'I'ownr;hip
6 :;. , Range 91i Went, of the GUI PM, benrc; North 660
3Ja' Wcr;t 1730 feet.
-7 .
UuU,ici-O IaL'3ULi
6. The use o ; the water is irrigation and.livestock water.
7. The date of initiation of appropriation is April 20, 1896.
8. The amount of water claimed for each ditch io as follow::
Spring Ditch No. 1 , 0.03 cubic foot of water per Second
of Lick.
prim Ditch No. ,?� 0.29 cubic foot of water per second
of time.
•Spring Ditch No. ;, 0.05 cubic foot of water per second
of time.
SI�r-inp ,1)i ter-h-Ncr _1�.�.f�:0, ubic- foo-t.-...oL WA Lcr._..prc--.;ccond -
'o fm••tarca�c .
9. A statement of claim and map of -ditches, Document No.
20351, u copy of which in attached 'to the application,
was filed in Lhc office of Garfield County Clerk and
Recorder, showing that work was commenced on the ditches
on April 20, 1896.
10, The water was firn;t applied to the above beneficial uses
-on February 11+, 1897, and has been used continuously
since that time.
The Referee docs therefore conclude that the above entitled
application should be granted, and that 0.03 cubic foot of water per
second of time hereby in awarded torr• i nf; Ditch No. 1 ; that 0.29
cubic foot of water per recond of time hereby is awarded to Spring Ditch
No. 2; that 0.05 cubic foot of water per second of time hereby in
awarded to Sprin- Ditch No. i; and that 0.05 cubic foot of water per
second of time hereby in awarded to Spring Ditch No. 13; for irriga-
tion and livestock water aces, with appropriation date of the 20th
day of April, 1896, absolutely and unconditionally; subject, however
to all earlier priority rights of others and to the integration a:id
tabulation by the Divinion Engineer of such priorities and changes
of rights in accordance with law.
It is accordingly ORDERED that this, ruling nhall be filed
with the Water Clerk and shall become effective upon such filing,
subject to judicial review Pursuant to section 118-21_20 CR.S 1963
AG amended (1971).
It is further ORDERED that a copy of this ruling shall be
N, filed with the appropriate Divinion Engineer and the State Engineer.
Done at the City of Glenwood springs, Colorado thin
day of ; rF-it4' 3 /t , 197
retest was filed in this, c:attor.
foreEoing ruling is confirmed
approvod, and in wado tho
moat and Docroo of this court.
is -
/1 %y
Villar Jud6o
IiX T1IE REFEREE:
- 'i -c*/ C-vr t
Wu1 /Referee
Water Division No. 5
State of Colorado
31.00' ,- FENCE UNE
R&C FOUND
WELL
BEAR/NGS ARE RELA T/VE TO A BEARING OF
N 2755'04" W BETWEEN THE'. SECTION CORNER
AND THE WELL AS SHOWN ON THE SURVEY BY NORM
HUNT DATED OCTOBER 24 1974.
N1/4 COR. SEC. 6
PLOTTED ACCORDING TO I ONUA/ENT FORM
FILED 8Y RICHARD M. WALTER L.S 13.9.3.1
x
SCALE
1 INCH = 300 FT.
SECTION 31 T6S, R94W
N89'58'27" W
SECTION 6 T7S, R94W
SPRING 13
/
1
SPRING 12
NE CORNER
SECTION 6
T7S, R94W
FOUND STONE
3"W
3/4" GAL V PIPE WAS SET AT SPRING J SPR/NG / 1
LOCATIONS SHOWN.
FEICHARD L. HOLSAA71
Professional Land Surveyor
4773 214 Rd.
Silt Colorado
(303) 876-2947
ROBINSON SPRING TIES
SECT/ON 6, 775, R94W 6TH P.M.
DATE: 11/15/94
PROD. 94140 I ROBSPRG.DWG
—174
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56 Potts loam, 6 to 12 percent sill's
This deep, well -drained soil is on mesas, benches, and
sides of valleys. This soil formed in alluvium derived
from sandstone, shale, or basalt. The surface layer is
loam about 4 inches thick. The subsoil is clay loam
about 24 inches thick. The substratum is loam to a
depth of 60 inches. Permeability is moderate, and
available water capacity is high. Effective rooting
depth is 60 inches or more. Runoff is medium, and the
erosion hazard is high.
58 ; Potts-Ildefonso complex, 12 to 25 percent slopes
These soils are on mesas and sides of valleys. 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. Potts soil makes up about
60 percent of the map unit. and the Ildefonso soil
makes up about 30 percent.
Potts soil is deep and well -drained. The surface is
loam about 4 inches thick. The subsoil is clay loam
about 24 inches thick. The substratum is loam to a
depth of 60 inches. Permeability is moderate, and
available water capacity is high. Effective rooting
depth is 60 inches or more. Runoff is rapid. and the
erosion hazard is high.
NONTECHNICAL SOILS OES•ION REPORT
Soils
Map
Symbol
Soil name and description
Ildefonso soil is deep and well drained. The surface
layer is stony loam about 8 inches thick. The
underlying material is very strongly calcareous very
stony loam to a depth of 60 inches. Permeability is
moderately rapid, and available water capacity is low.
Effective rooting depth is more than 60 inches. Runoff
is rapid, and the erosion hazard is high.
59 Potts-Ildefonso complex, 25 to 45 percent slopes
These soils are on mesas and sides of valleys. 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. Potts soil makes up about
60 percent of the map unit. and the Ildefonso soil
makes up about 30 percent.
Potts soil is deep and well -drained. The surface is
loam about 4 inches thick. The subsoil is clay loam
about 24 inches thick. The substratum is loam to a
depth of 60 inches. Permeability is moderate, and
available water capacity is high. Effective rooting
depth is 60 inches or more. Runoff is rapid, and the
erosion hazard is high.
Ildefonso soil is deep and well drained. The surface
layer is stony loam about 8 inches thick. The
underlying material is very strongly calcareous very
stony loam to a depth of 60 inches. Permeability is
moderately rapid, and available water capacity is low.
Effective rooting depth is more than 60 inches. Runoff
is rapid, and the erosion hazard is high.
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. Torriorthents make up about 60
percent of this complex. and Rock outcrop makes up
about 25 percent. The Torriorthents are on foothills
and mountainsides below the Rock outcrop.
•
NONTECHNICAL SOILS DEs•TION REPORT
Soils
Map
Symbol
Soil name and description
Torriorthents are very shallow to moderately deep.
They are well to somewhat excessively drained. They
generally are clayey to loamy and contain variable
amounts of pebbles. cobbles, and stones. Permeability
is slow to moderate, and water holdina capacity is very
low to low. Effective rooting depth is 10 to 40
inches. Runoff is very rapid, and erosion hazard is
very high.
Rock outcrop is mainly Mesa Verde sandstone and Wasatch
Shale.
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
CONSTRUCTION MATERIALS
Soils
•
PAGE 1 OF 4
12/13/95
(The information in this report indicates the dominant soil condition but does not eliminate the need for onsite
investigation)
Map symbol Roadfili Sand Gravel Topsoil
and soil name
,
i
i
,
34:
Ildefonso ;Poor: ;Improbable: :Improbable: ;Poor:
, slope ; excess fines ; excess fines ; small stones.
' area reclaim.
� ; slope
, (
56: 1
Potts ;Good ;Improbable: :Improbable: ;Fair:
( ; excess fines ; excess fines ; too clayey.
slope
58: ; ,
Potts ;Fair: ;Improbable: :Improbable: :Poor:
slope ' excess fines ; excess fines ; slope
Ildefonso ;Fair: ;Improbable: :Improbable: ;Poor:
' large stones, ' excess fines ; excess fines ; small stones,
slope
area reclaim,
slope
59:
Potts ;Poor: :Improbable: ;Improbable: ;Poor:
slope ; excess fines ; excess fines ; slope
Ildefonso ;Poor: ;Improbable: ;Improbable: ;Poor:
67:
Torriorthents,
Steep 'Poor:
depth to rock,
' slope
'Improbable:
excess fines
di ca C�Ls1ill.
slope
:Improbable: 'Poor:
excess fines depth to rock.
' small stones.
' slope
U.S. DEPARTMENT OF AGRICULTURE
' SOIL CONSERVATION SERVICE
CONSTRUCTION MATERIALS --Continued
Soils
PAGE 2 OF 4
12/13/95
Map symbol
and soil name
Roadfill
Sand
Rock Outcrop, ; 1
Steep ;Poor: ;Improbable:
depth to rock, ; excess fines
slope 1
1 ,
Gravel Topsoil
;Improbable: ;Poor:
excess fines ; depth to rock.
slope
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
Endnote -- CONSTRUCTION MATERIALS
•
CONSTRUCTION MATERIALS
1111 PAGE 3 OF 4
12/13/95
This report gives information about the soils as a source of roadfill, sand. gravel, and topsoil. The soils are rated
"Good", "Fair". or "Poor" as a source of roadfill and topsoil. They are rated as a "Probable" or "Improbable"
source of sand and gravel. The ratings are based on soil properties and site features that affect the removal of the
soil and its use as construction material. Normal compaction, minor processing. and other standard construction
practices are assumed. Each soil is evaluated to a depth of 5 or 6 feet.
Roadfill is soil material that is excavated in one place and used in road embankments in another place. In this report,
the soils are rated as a source of roadfill for low embankments, generally less than 6 feet high and less
exacting in design than higher embankments. The ratings are for the soil material below the surface layer to a
depth of 5 or 6 feet. It is assumed that soil layers will be mixed during excavating and spreading. Many soils have
layers of contrasting suitability within their profile. The report entitled Engineering Index Properties is also available
and it provides detailed information about each soil layer. This information can help determine the suitability of each
layer for use as roadfill. The performance of soil after it is stabilized with lime or cement is not considered in
the ratings.
The ratings are based on soil properties, site features. and observed performance of the soils. The thickness of
suitable material is a major consideration. The ease of excavation is affected by large stones, a high water table,
and slope. How well the soil performs in place after it has been compacted and drained is determined by its strength (as
inferred from the engineering classification of the soil) and shrink -swell potential.
Soils rated "Good" contain significant amounts of sand or gravel or both. They have at least 5 feet of suitable
material, a low shrink -swell potential, few cobbles and stones. and slopes of 15 percent or less. Depth to the
water table is more than 3 feet
Soils rated "Fair" are more than 35 percent silt- and clay -sized particles and have a plasticity of less than 10.
They have a moderate shrink -swell potential, slopes of 15 to 25 percent, or many stones. Depth to the water table is 1
to 3 feet.
Soils rated "Poor" have a plasticity index of more than 10, a high shrink -swell potential, many stones, or slopes of
more than 25 percent. They are wet, and the depth to the water table is less than 1 foot. These soils may have
layers of suitable material, but the material is less than 3 feet thick.
Sand and gravel are natural aggregates suitable for commercial use with a minimum of processing. Sand and
gravel are used in many kinds of construction. Specifications for each use vary widely. In this report only
the probability of finding material in suitable quantity is evaluated. The suitability of the material for specific
purposes is not evaluated, nor are factors that affect excavation of the material. The properties used to evaluate
the soil as a source of sand or gravel are gradation of grain sizes (as indicated by the engineering classification
of the soil), the thickness of suitable material, and the content of rock fragments. Kinds of rock, acidity, and
stratification are given in the soil series descriptions. Gradation of grain sizes is given in the Engineering Index
Properties report.
A soil rated as a "Probable" source has a layer of clean sand and gravel or a layer of sand or gravel that contains
up to 12 percent silty fines. This material must be at least 3 feet thick and less than 50 percent, by weight. large
stones. All other soils are rated as an "Improbable" source. Coarse fragments of soft bedrock, such as shale and
siltstone, are not considered to be sand and gravel.
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
•
CONSTRUCTION MATERIALS
Endnote -- CONSTRUCTION MATERIALS --Continued
• PAGE 4 OF 4
12/13/95
Topsoil is used to cover an area so that vegetation can be established and maintained. The upper 40 inches of a soil
is evaluated for use as topsoil. Also evaluated is the reclamation potential of the borrow area. Plant growth is
affected by toxic material and by such properties as soil reaction. available water capacity. and fertility. The ease
of excavating, loading, and spreading is affected by rock fragments, slope, a water table. soil texture. and thickness
of suitable material. Reclamation of the borrow area is affected by slope, a water table. rock fragments. bedrock.
and toxic material.
Soils rate "Good" have friable loamy material to a depth of at least 40 inches. They are free of stones and cobbles.
have little or no gravel. and have slopes of less than 8 percent. They are low in content of soluble salts. are
naturally fertile or respond well to fertilizer. and are not so wet that excavation is difficult.
Soils rated "Fair are sandy soils. loamy soils that have a relatively high content of clay. soils that have only 20
to 40 inches of suitable material, soils that have an appreciable amount of gravel, stones, or soluble salts, or
soils that have slopes of 8 to 15 percent. The soils are not so wet that excavation is difficult.
Soils rate "Poor" are very sandy or clayey, have less than 20 inches of suitable material. have a large amount of
gravel. stones, or soluble salts, have slopes of more than 15 percent. or have a seasonal water table at or near the
surface. The surface laver of most soils is generally preferred for topsoil because of it organic matter content.
Organic matter greatly increases the absorption and retention of moisture and nutrients for plant growth.
1
• •
Commonwealth Title Company
of Garfield County, Inc.
127 East 511, Street - P. 0. Box 352
Rifle, Colorado 81650
(970) 625-3300 FAX (970) 625-3305
January 12, 1996
Sam Potter
120 West 4th St.
Rifle, CO 81650
Dear Mr. Potter,
Please find enclosed the chain of title on
Odgers -Potter (The Robinson Place) property from June 11,
1963. As you can see from the documents, the legal
description has not changed from the 1963 deed.
If you have any questions or require further
information, do not hesitate to contact this office.
Sincerely,
cakK agd-Q
Dean H. Hubbell
DHH/cjd
I
sandedat..11.0._...odaa....iris.1963._.._
Rete tion No. ..22177g..__ Chas. S. Keegan
TAU DEED, Dia. ode lOth day of June
in the year of our Lord one thousand nine hundred and sixty- t h t e e
between
ROY B. PERRY and MARY PERRY
of the County's! Gar f i e l d
and State of Colorado, of the first part, sad
----ERVIN B. ROBINSON and BARBARA B. ROBINSON
Book 351
Pr. •.e 29
•
of the Comity of Gar f ie l d
and State of Colorado, of the second part:
W'ITNFSSETII, That the said part tes of the first part. for and in consideration of the sum of
$10.01) -and other goad .and valuable considerntioi
UOLibshilitx
to the said part i esof the fiat part in hand paid by the said purt,es of the second part, the -ree. ipt whereof is
hereby confessed and acknowledged, he ve granted, bargained, sold and conveyed, and by these pr.•,nts do
grant., bargain, sell, convey and confine unto the said parties of the second part, their heirs and as:agna forever, not
in tenancy in common but in joint tenancy, all the following described lot or par.•ri r: of land, situate, lying
and bring in the County of Ge r t i e l d and State of
Colorado, to -wit:
The E,.SE;,, the E1NW,I,SEy, the SW,SE,,. excepting a strip of land in the a lest. end
275 feet wide and 1320 feet in length and running North and South parallel to
the West line of the SW;,S&,I,. All of the above described band in Sec. SI, Tp.
h S., I: 94 W., 6th P.M.
Also: Lot 2, Sec. 6, Tp. / S., R. 94 W., 6th P.M., excepting some 10.2 acres
t lay South of a line that begins at a point Iib feet North frtxn the Southeast;
earner of Lot 2 and extends Northwesterly across Lot 2 to a point 538 feet North ;I
Itum.the Southwest corner of Lot 2.
Also: Lot 1, Sec. 6, Tp. 7 S., R. 94 W. , 6th P.M. , excepting some 8.9 acres that
lay South of a line that begins at a point 4',0 feet North of the Southeast corner!
of Lot 1, and extends Southwesterly across Lot 1 to a point 138, feet North from
rhe Southwest corner of Lot 1. Also Lot 4, Sec. 5, Tp. 7 S., R. 94 W , 6th P.M.,
excepting some 1S.0 acres that lay South of a line that begins ata point SOO q
tett North from the Southeast corner of Lot 4 and cstends West across Lot 4 to a
point 500 feet North from the Southwest corner of Lot ., together with all 11
improvements and appurtenances belonging thereto. Containing; '18 acres, more or
less.
..iso: A11 and every part of grantors' interest, rights, and o•wno»ship, whatso-
ever, in ,and to all water, both springs .amt ditches, .,fret, , t ;t:t •. .an.!
tights, that they have, owls or use on the above described land by way of enumer-
ation enol not by limitation as to tate to1lowtngt ditch and water rights. to -wit:
all their interest in the Reynolds and Gillum Ditch from Cache Creek, Priority
No. 11'18 and especially all int,rest in the Helen G. Reynolds a.itudicati.w of
water troth 2 or more springs as shown in Decree Book, WateI District No. .•'I,
page 15.4, and .also that part of which if•.kscribed o Doc. No. .805'a, G.rticld
County. Colorado re...rds and designated as the No. 5 Spring Ditch. Also all at
grantors' lntetest ,.n.l ownership in and to a water tiling on several spring
ditches by Sebastian Keller on Septemboi I's, 1897, and recorded in G.rtl.ld
Count Do.. No. .'1),1.
Subject, howevoa. to easements in place and being used of of record prior to the
date heteof, The 1,t.mtots reserve to themselves, their heirs, and assigns, .I
undivided one -halt interest in and to all oil, gas, petroleum, and minerals,
upon, in, or under the above deb, bed teal prop._Ily.
Tw;li11ER with all and 'insulin. the le re, erm•nts and appurtenances thereunto belonging, o, in anywise
appertaining, and the nveraien and ,.versions, renuusler and n•mamders, rents, Moues and profits thereof; and
all the estate, right, title, interest, claim and demand whnt,e••ver of the said put of the first [Mart, either in
law or equity. of, in and to the above burgnined prrtn'.4, with the h,r,ditatne•nts and appurtenances.
sec
n
Book 351
Page 30
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said parties of the second part, their heirs and assigns forever. And the said part Les of the first part, for
them eel ves, theieeirs, executors, and administrators, do covenant, `rant, bargain and agree to
and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery
of these presents, they are well seised of the premises above conveyed, as of good, sure, perfect, Owlet('
and indefeasible estate of inheritance In law, In fee eimple, and ha ve good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form aforesaid, and Ltat the same are tree and clear from
all former and other grants, bargains, sales, liens, tax, a, asses+menta and incumbrances of whatever kind or nature,
aoevsr, except 7/12ths of the 1963 taxes,
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, Clair
hairs and assigns, against all and every person or persons lawfully claiming or te claim thi whole or any part thertuf.
Cho said part ies of the first part shall and will WARRANT AND FOREVER (DEFEND.
IN WITNESS WHEREOF, the said part ies of the first part ha ve htrcuntn ret their hand s and
Pi al 5 the day and year first above written.
Signed, Sealed and Delivered in the ProstMeof
STATE OF COLORADO,
County of GARFIELD
Ruy, eery
<( (SEAL]
,i.t:_._c........�. .
Mary Ferry [SEAL]
The foregoing instrument was acknowledged before me this
19 63 ,bye Roy B. Perry and Mary Perry.
My commission expires November 19
10th
day of June
ISE All
19 1, !I Witness my hand end official seal
N.an i'uMN.
•1f W Sabina aro err seta,.. hen Iran aa,oe or sumo if b, twtrwa ari.ne 1. mew...biriw er a Said rhea, ear r attona,.ie.hrn,
taent ia,e,t name of demo% ad executor. attenn•M-tart ..r et*, *mend or da, home: If W ernes, of swiss -sows are nwset sass et r.•s
olio* or unloose, r We eroeldest or other officer• of *eh tertwntl.,n, oaimna tt
Robinson and
1
1
•
C
tep
[Riff It AI46\7lf .1i1:1t RIA ORU...S'%r 77 -
STATE
'
STATE OF COLORADO
RECORCEO AT �•/y
RFC
450041
0[8813 NT
SS
Nt10..1s w•rl P.., r... t•111
3 -CLOCK .M. JUL 1 9 1593
MILDREJ ALSDJPF. CCUNTT CLERK
STAT! OF COLORADO
CERTIFICATE OF DEATH
Ervin Boyd ROBINSON
• . ,,•••77"," • .lee •
r v..yA••wr
522-28-3614 81 m.. �o... .41.
Ea..0.21-51S0 11a a n.rte. Oro. i.w ma w.
STA00 0.tE NJ'8011
$
• 3.11
Apr:l 24, 1911
001 01 O1 •r..r•.+.
Noy 10, 1992
Noekar, Oklahoma
O woo... O [•Oy.....
IC.,n wuN or...or. *•. rw,w•+rr
1230 B.ttlem..nt Parkway
i D.a•
k -it .b.. o(1M..1 Oki W 01. r„
Parachute
J. t0u+h 0, OIAI+
Garrleltl
.Ti L,. ,CJ.'..G..
i.I "...--. -.w
Rancher
.000. ira.
m W.0H,..m.
' Cottle 1, ' -
, .100,a
(...........`.
Nerrl ad
,t it...-.
Berbers Berths
Arnold
,34 ae t,0<..:[ rl..t M•+h .� O11. 10.w,. bA,o...8.
Colorado 11A Garr !grit) ] Paraohuts
Y ,
,i pun..
: .. 8427 County Road 309
`�s•.n Circ
+. 81635
,..r M 1 161.4101 .*a..11CGr1.1**
„•1..'r.....:.� M•.1 14.1...."-..0.
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12
lamAlbert Gerdrltir Rohl neon
MarLIMYy E1v1r1e It• I L.
_1.rtl.r. 9. Robinson Wife
x..'.*.2-04-9a;9;9*.
s[-..:, C ..,.. 111....... 1 ., .
`'0.*. f 0..4 0
town 0,[.O M.. va•.w..•,.•a .e...•. r
.K : W.. Gael... r..
''
R1F1• Moos. Cemetery
Rifle, Colorado
11. saw. a 1L,.Lm.. 0*4C1Ca/[iw. I
s sto A[ ca
!./''''
t .1_. ' �f +,42..../
..,..Gt A.0 .0taeo. ...,.at
Tn
Sowd.r Funeral No...,
425 N 3M St. , P1►1s, Colorado,,, 81650
5:00 011
May 00 1992
10 .1 CC.nl 101 .., ., C..1.1,+0 •.1s 04,1/
t1_24jR'Ki /t-Cra .TIMITTTC,
8,53 AMM 1�... Taa
10 i. [0.0,184.1/L C0110„1•
May 12, 1992
0rval L. Sb.der, Coroner, Pout Orrice Dr -weer 1181, Rifle, Colorado ,. 81650
. rl i. .nl.a.:.•..a<+w, br..•T..... 4.,.4.44..,__ __.
n CAW ~4re.w •••~.r.. a•r ,.or ••.•
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M1 tat •175 •s.L
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s. i1+A1 !HIS IS A NUE ANDI,ORREC1 COPY 01 111E 0X !(.1.11 141 (:OIID WIUCI IN MY CUSTODY
11\II INNI 11)
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I) , a.., I t 4,414.1 inep.nrd 110 `WC roily puper adll eogrnseJ border lhyd,n Io' 1114 ('uluradu .Lor
041 ..iot .I}n.lturr 111 thr Kr8l.trar. I'E.NALfY HY '.AIN. Srrtlon 25 2.410. Colored,' 1(241.rJ
\Look,. I ')K]. II :•n. I. r.on ullrn, uses. Attempt, k, uu• ur Iurnishr. to another 114 deceptive u.4 uh'
11141,1411.1,1, 0,01,1 NO)! VALID IE 11IIOTOCOI'Ih.D.
1•R 10006 YII
ANV [)t 1}r1ATt'I a c:R f HA•>i.Hl-, it1
RECORDED T O'CLOCK /P.M. JUL 1 9 1993
REC R ��� ,� MILORED ALSDORF, COUNTY CLERK
SUPPLEMENTAL AFFIDAVIT
STATE OF COLORADO
ss.
COUNTY OF GARFIELD
BOOL(
rur143
Russell George, being sworn, states that he is of legal
age and has personal knowledge of the fact that Ervin B. Robinson
is the same person as Ervin Boyd Robinson referred to in the copy
of the Death Certificate certified on May 13, 1992, by the local
registrar of vital statistics and was at the time of his death on
May 10, 1992, the owner in joint tenancy with Barbara B. Robinson
of the following real property situate in Garfield County,
Colorado:
That real property described on Exhibit A, attached
hereto and incorporated herein by thin reference,
and that affiant has no record inter in said re$ property.
May, 1992.
Russell George
Subscribed and sworn to before me on this 28th of day.o('
My commission expires: 12/9/95
Notat`
y Public
BOOK 869x!1:144
EXHIBIT A
The E1SF.!, the E�"d,SE!, the SWISEi, excepting a strip of land in the West end
275 feet vide and 1320 feet in length and running North and South parallel to
the West line of the SW -SE!. All of the above described land in Sec. 31, Tp.
6 S., R 94 W., 6th P.H.
Also: Lot 2, Sec. 6, Tp. 7 S., R. 94 W., 6th P.N., excepting some 10.2 acres
that lay South of a line that begins at a point 138 feet North from the Southeast
corner of Lot 2 and extends Northwesterly across Lot 2 to.a point 530 feet North
from the Southwest corner of Lot 2.
Also: Lot 1, SPC. 6, Tp. 7 S., R. 94 W., 6th P.N., excepting some 8.9 acres that
lay South of a line that begins at a point 450 feet North of the Southeast corner
of Lot 1, and extends Southwesterly acroaa Lot 1 to a point 138 feet North from
the Southwest corner of Lot 1. Also Lot 4, Sec. 5, Tp. 7 S., R. 94 W., 6th P.N.,
cxceptint; some 15.0 acres that lay South of a line that begins at a point 500
feet Forth from the Southeast corner of Lot 4 and extends West across Lot 4 to a
point 500 feet North from the Southwest corner of Lot 4, together with all
improvements and appurtenances belonging thereto. Containing 218 acres, more or
less.
Also: All and every part of grantors' interest, rights, and ownerahlp, whatso-
ever, in and to all water, both springs and ditches, ditch rightr and spring
rights, that they have, own or use un the above described land by way of enumer-
ation and not by limitation as to the following ditch and water rights, to -wit:
all their interest in the Reynolds and Gillum Ditch from Cache Creek, Priority
No. 1190 and especially all interest in the Helen C. Reynolds adjudication of
water frau 2 or more springs as shown in Decree nook, Water District No. 45,
page 154, and alro that part of which is dexribad In Doc. No. 28055, Garfield
County, Colorado records and designated as the No. 5 Spring Ditch. Also all of
grantors' interest and ownership in and to a water filing on several spring
ditches by Sebastian Keller on September 15, 1897, and recorded in Garfield
County as Doc. No. 20351.
Subject, .`zovevez, to ease:vents in place and being used or of record prior to the
date hereot.' The grantors reserve to themselves, their heirs, and assigns, an
undivided one-half interest in and to all oil, gas, petroleum, and minerals,
upon, in, ur udder the above described real property,
all in Garfield County, Colorado.
RECORDED ' O'CLOCK P.M. REC •
pot f 1 394 MILDRED ALSOORF, GARFIELD ACARMtlEPA
CERTIFICATION OT RECRDS
• . • .• • ,
Troimr,4gro:
-
STATE OF COLORADO
STATE Of COLOSADO
CERTIFICATE OF DEATH
7Tr.,"7-i
Bar horn Her t hn RON 1 NSON
•
521-28-1936
.., breTF/rr. k
1,48.4 611,131
SIAM r nueenn
Boowt.)594,:tr4299
It.,
f• J.1,11 0• v.. 441,14 ( • tu,
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4. Oh 82I DI DI •To•
Der emhe i 18, 1993
, 441 le o
Rine. Colorado
w.44.1 DO8 o '.0-. &OW 41.
r I l• W., 1,111.1".(11 (/. 61144
1.. Ilene Mn,re Memorial Home Rille
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Home...Ike r. Own Nome
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8, ... , ... 0.410C
f 19
Garfield
ieolot Garfield Rullaon
, COOT '4 ems Deril,P,Or -k•sa.,•.t amour.
..•I1•••
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10=r11.',‘ Ralph Roherr Arnold
==3 x• I.. ' t...... 1 1...... ••••• Neu
Moose Cemetery Rifle. Colorado
coneerem oa pen Att..° 41
• u •
Widowed
W.11
6427 309 Rd.
.1 AZC
.8 I....
II yolitro I ,41100 • Alpe.
Maggie Ann 'Baron)
Ervin R. Robinson
.1 NON.' t
oermod kW!' ....a,.
Doro hy George -Daughter
no 101..CI a bt11.611, otot....... ..........., ....Nor . Mr ( 0(.11414 C01- 11-... o.o.
I
.... nelo.
(4.1
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roo
A.' Def-;mber 1993 1:54 AM
10.4 too...op •000114 04 /AM Or
Sowder Funeral Iklme; 425 W. 3 S.
Rifle. Colorado or 81650
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RECOROEO I'D`{ O'CLOCKP.M, REr, a 459885
NAR E 1 I994 MILDRED ALSCCRF. GARFIELD COUNTY CLERK
BOOKOS94!Icr300
DISTRICT COURT, COUNTY OF GARFIELD, STATE OF COLORAbO
a -3-12f=-110 /r`/�
Case No.
1'333
LETTERS
IN THE MATTER OF THE ESTATE OF
BARBARA B. ROBINSON,
Deceased.
Dorothy Lois George was apppinted or qua ified by this
Court or its Registrar on r1 n ,�• �)) `I• , 192as: Personal
Representative. %)
These are Letters Testamentary. The decedent left a
These Letters evidence full authority, except for the
following limitations or restrictions, if any:
Date:
GJ,A, Lir •
(-Deputy) Clerk or Regstrar
of Court
CERTIFICATION
Certified Stamp
or
Certified to be a true copy of the orinal in my custody ap tp;be
in full force and effect as ofti J 191,
(-Deputy). Clerk of Co t
TN19 '(*9 rn9roK01Y 1N S11MYTANf1' 711 CPC ro.NN 17. N1'V, • 91
?'7 /z,.0 r'a 8/ GC()
of,
• •
478135 B-940 P-885 05/16/95 03:27P PG 1 OF 2 REC DOC NOT
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 10.00 24.09
PERSONAL RE PRE S EN'T'AT Z VE ' S DEED
THIS DEED, made by DOROTHY LOIS GEORGE, as personal
representative of the Estate of BARBARA B. ROBINSON, Deceased,
grantor, an undivided one-half interest to SAMUEL B. POTTER and
TERESA A. POTTER, JTWROS as between themselves, and an undivided
one-half interest to THOMAS H. ODGERS and MARY K. ODGERS, JTWROS as
between themselves, Grantees, whose address is 0598 County Road
323, Rifle, CO 81650.
WHEREAS, the grantor is the qualified personal
representative of the Estate of BARBARA B. ROBINSON under
appointment of Court entered on the 24th day of January, 1994, by
the District Court in and for Garfield County, Colorado, Probate
No. 93PR86.
NOW THEREFORE, the grantor distributes and conveys to the
Grantees, the following real property situate in Garfield County,
Colorado, to wit:
The E1/2 SE1/4, the E1/2 NW1/4 SE1/4, the
SW1/4 SE1/4, excepting a strip of land in the
West end 275 feet wide and 1320 feet in length
and running North and South parallel to the
West line of the SW1/4 SE1/4. A11 of the
above described land in Section 31, Township 6
South, Range 94 West, 6th P.M.
Also: Lot 2, Section 6, Township 7 South,
Range 94 West, 6th P.M., excepting some 10.2
acres that lay South of a line that begins at
a point 138 feet North from the Southeast
corner of Lot 2 and extends Northwesterly
across Lot 2 to a point 538 feet North from
the Southwest corner of Lot 2.
Also: Lot 1, Section 6, Township 7 South,
Range 94 West, 6th P.M., excepting some 8.9
acres that lay South of a line that begins at
a point 450 feet North of the Southeast corner
of Lot 1, and extends Southwesterly across Lot
1 to a point 138 feet North from the Southwest
corner of Lot 1. Also Lot 4, Section 5,
Township 7 South, Range 94 West, 6th P.M.,
excepting some 15.0 acres that lay South of a
line that begins at a point 500 feet North
from the Southeast corner of Lot 4 and extends
West across Lot 4 to a point 500 feet North
from the Southwest corner of Lot 4.
Together with all improvements and
appurtenances belonging thereto containing 218
acres, more or less.
Together with, but without warranty or
representation, all and every part of
Grantor's interest, rights, and ownership,
whatsoever, in and to all water, both springs
and ditches, ditch rights and spring rights,
that it has, owns, or uses on the above
described land by way of enumeration and not
by limitation as to the following ditch and
1
•
478135 B-940 P-886 05/16/95 03:27P PG 2 OF 2
water rights, to wit: All its interest in the
Reynolds and Gillum Ditch from Cache Creek,
Priority No. 119B and especially all interest
in the Helen G. Reynolds adjudication of water
from 2 or more springs as shown in Decree
Book, Water District No. 45, page 154, and
also that part of which is described in Doc.
No. 28055, Garfield County, Colorado records
and designated as the No. 5 Spring Ditch.
Also all of Grantor's interest and ownership
in and to a water filing on several spring
ditches by Sebastian Keller on September 15,
1897, and recorded in Garfield County as Doc.
No. 20351.
Together with all of Grantor's interest in
Water Cases No. W-2008 and 94CW114 in the
District Court in and for Water Division No.
5, State of Colorado, and all water and water
rights represented by the ruling and decrees
in those cases.
Together with the
property.
Subject, however,
being used or of
hereof.
water well located on the
to easements in place and
record prior to the date
The Grantor reserves to itself an undivided
one-half share of the interest Grantor owns of
oil, gas, petroleum, and minerals, upon, in or
under the above-described real property.
Executed this,2th day of May, 1995.
STATE OF COLORADO
ss.
COUNTY OF GARFIELD
Dorothy Lois George
Personal Representative of the
Estate of BARBARA B. ROBINSON
15th The foregoing instrument was acknowledged before me on
this 8th day of May, 1995 by DOROTHY LOIS GEORGE, Personal
Representative of the ESTATE OF BARBARA B. ROBINSON.
Witness my hand and official seal.
My commission expires:
Bit /y8
7107/,
4-2
Notary blic
127 West 5th Street
Rifle, CO 81650
• •
CALOIA, Hourr & LIGHT, P.C.
ATTORNEYS AT LAW
SHERRY A. CALOIA
JEFFERSON V. HOUPT
SAMUEL J. LIGHT
February 20, 1996
Mark Bean, Director
Garfield County Regulatory Office
and Personnel
Department of Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Potter/Odgers Subdivision Exemption Request
Dear Mark:
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
Via Fax
I have been retained by Ova Gibbs, a property owner and water user living adjacent to
the Potter/Odgers property that is currently coming before the County for review for subdivision
exemption request. I have been involved with this water user for some time representing him
on his water matters. I have extensively reviewed his water court decrees for water and am
familiar with his use of water.
I note that the Potter/Odgers filed an application in water court, in Case No. 96CW009,
an Application for Change of Water Rights for Spring Ditch Nos. 1 through 3, in January of this
year. These springs and the change of water rights is presumably to allow the springs to service
the domestic needs of the four lots to be created by the exemption request. A copy of that case
is attached hereto.
Please be advised that my client has historically used the springs (which are adjudicated
as Spring Ditch Nos. 1-3) as part of his Reynolds and Gillum and Campbird ditches. My
client's use of these springs is senior to the decrees of and application for change filed by Mr.
Potter and Mr. Odgers. The Reynolds and Gillum ditch decree, entered in Case No. 1090 in
1904 has as its decreed source of water, these springs, waste water, scrappage water and water
from Cache Creek. I enclose a copy of that decree. I note that there are also several wells and
springs adjudicated in this location having springs as their source of water. Whether these other
G: \ W P51 \DOCS\BEAN2.2 LT
CAL. 01A, Norm & Llrlrr, PO •
Mark Bean
February 20, 1996
Page 2
water rights may be impacted by any change of these spring rights is unknown but questioned.
I enclose herein a copy of the tabulation of water rights for your review.
Additionally, it is my understanding that another water user, Jim Lemon, has an
irrigation water right adjudicated using these springs as its source of water. This water right is
called Campbird Ditch Lemon Extension.
Even though Mr. Robinson adjudicated a right for these springs in 1973 in Case No.
W0008, such right was for irrigation and stockwater purposes only. Some irrigation and limited
stockwater use actually occurred from this right on this property. In order to fully "qualify" for
a change of water right, Mr. Potter and Mr. Odgers must show that the change will not result
in the expansion of use over that which has been employed historically. It would take a large
amount of stockwater use to support three households. To obtain a change of water right to use
the springs under their 1973 decree for three single family dwellings, Mr. Potter/Odgers must
show that there were approximately 95 head of cattle or horses on the property during the winter
(using a standard of 1 head cattle/horse = 11 g.p.d. and using 350 gallons per household per
day). My client informs me that no more than 20 head of cattle or horses have been on the
property at any one time.
In addition to the lack of historic use for the amounts needed, the applicant is unable to
provide a reliable year round supply for domestic uses because of the senior water rights which
take water from this source. Because there could be a call on these springs, it is highly unlikely
that a final decree would be issued allowing for use of the springs for domestic purposes as
claimed in this case. My client is preparing his Statement of Opposition to this Application.
Please call me with any questions.
Very truly yours,
CALOIA, HOUPT & LIGHT, P.C.
Sherry A / aloia
SAC:nla
Enclosures
cc: Ova Gibbs
G: \W P51 \DOCS\BEAN2.2LT
• •
JLR,FP1 1914 InS111,12
Y112.21, 1211•1$101, S
1•w). 2
Reservoir; Location: The reservoir is located within the West 100 feet of,
Lots 4 and 5 of Caroline Estates located at 919 26 Road, Grand Junction,
Colorado; Source: The points of diversion are two pipelines which discharge
into Drainage Ditch at a point 660' West of the NE corner of the SE1/4 SE1/4,
Section 22, Township 1 North, Range 1 West, Ute Meridian. Each pipeline
carries 60 gpm, more or less, and derives its supply from natural drainage,
springs and percolating waters. The Drainage Ditch runs South 60' at which
point it is diverted into the Hartz Reservoir; pate of Appropriation: April
20, 1994; Amount: 1.45 acre feet and the filling and refilling of the
Reservoir from the source of supply described above at the rate of 0.27
c.f.s.; Use: Irrigation, propagation of fish and preservation of wetlands;
Detailed Outline of Work Done: The reservoir has been constructed and the
water applied to the uses described above in the latter part of the summer of
1995. The place of use is as described in 94 CW 320; The reservoir, as
completed, has stored 3.07 acre feet which is an increase of 1.62 acre feet
over the 1.5 acre feet adjudicated in 94 CW 320; pate of Appropriation:
August 1, 1995; How Appropriation Initiated: By construction of reservoir;
Date water Applied to Beneficial Use: September, 1995; Amount Claimed: 1.62
acre feet, absolute, the source of supply for which is the 0.27 c.f.s.
described above; Use: The water is applied to the same uses as decreed in 94
CW 320 which is irrigation, propagation of fish and preservation of wetlands.
(3 Pages)
7. 96CW007 - UNABLE TO PUBLISH
8. 96CW008 - MESA COUNTY - WASTEWATER FROM GOVERNMENT HIGHLINE CANALS, A
PART OF THE GRAND VALLEY PROJECT, A TRIBUTARY OF THE COLORADO RIVER. Grand
Valley Irrigation Company; c/o Richard Butterbaugh; 688 26 Road, Grand
Junction, CO 81506-1499 970-242-2762. 16 Road Drainline — Application for
Water Rights (Surface). Location: at the west 1/4 Corner of Sec.' 19, T. 2'-
N., R. 2 W., Ute Meridian. Appropriation: January 10, 1996.' Amount: = 10--
c.f.s., conditional. use: irrigation. (4 pages)
9. 96CW009 GARFIELD COUNTY, SPRINGS TRIBUTARY TO COLORADO RIVER. Samuel
B. Potter, Teresa A. Potter, Thomas H. Odgers, and Mary K. Odgers, P.O. Box
148, Rifle, Colorado 81650, telephone (970) 625-2192, c/o Stuver & George,
P.C., P. 0. Box 907, 120 West Third Street, Rifle, CO 81650, telephone (970)
625-1887. APPLICATION FOR CHANGE OF WATER RIGHT. Name of structure and
decreed location from Case No. W-2008 and 94CW114. The locations of the
springs which feed the three ditches are as follows: Spring No. 1, which
feeds Snrina Ditch No. 1, is located at a point 968.35 feet on a bearing of
S11°31'21"W of the Northeast corner of Section 6, Township 7 South, Range 94
West, 6th P.M. Spring No. 2, which feeds Spring Ditch No. 2, is located at
a point 1261.19 feet on a bearing of S53°51'16"W of said Northeast corner of
Section 6. Spring No, 3, which feeds Spring Ditch No. 3, is located at a
point 1523.51 feet on a bearing of S70°17'43"W of said Northeast corner of
Section 6. Original amounts: No. 1--.03 cfs, No. 2--.29 cfs, No. 3--.05 cfs.
Applicant owns lands in Section 31, Township 6 South, Range 94 West, 6th P.M.
consisting of 218 acres on which water is used. Application proposes to
change the use to domestic, livestock watering, fire protection, irrigation,
municipal, industrial, piscatorial, augmentation, recreation, aesthetics, or
hydro electric and may be developed into a unified central water system. (6
pages)
10. 96CW010 PITKIN COUNTY - A WELL HAVING A DEPTH OF 100 FEET AND BEING
TRIBUTARY TO THE ROARING FORK RIVER. Jerry M. Gerbaz and Dolores U.
Stutsman, c/o Scott Balcomb, Delaney & Balcomb, P.C., P.O. Drawer 790,
Glenwood Springs, Colorado 81602 (970)945-6546. Application for Finding of
Reasonable Diligence and To Make Conditional Water Rights Absolute.
Structures: Stutsman-Gerbaz Well No. 1, Stutsman-Gerbaz Well No. 2, Stutsman-
Gerbaz Well No. 3, Stutsman-Gerbaz Well No. 4, Stutsman-Gerbaz Well No. 5,
Stutsman-Gerbaz Well No. 6, Stutsman-Gerbaz Well No. 7, Stutsman-Gerbaz
Well No. 8, Stutsman-Gerbaz Well No. 9. Original Decree: November 4, 1981,
Case No. 81CW116, Court: District Court, Water Division 5, Colorado.
Location: Stutsman-Gerbaz Well fit is located in the SW1/4NW1/4 of Section 6,
T. 9 S., R. 85 W. of the 6th P.M., 2340 feet from the North section line and
300 feet from the West section line, of said Section 6; Stutsman-Gerbaz Well
L, is located in the NW1/4SW1/4 of Section 6, T. 9 S., R. 85 W. of the 6th
P.M., 2900 feet from the North section line and 160 feet from the West
section line, of said Section 6; Stutsman-Gerbaz Well 4'3 is located in the
SW1/4NW1/4 of Section 6, T. 9 S., R. 85 W. of the 6th P.M., 1530 feet from
the North section line and 920 feet from the West section line, of said
Section 6; Stutsman-Gerbaz Well #4 is located in the SW1/4NW1/4 of Section 6,
T. 9 S., R. 85 W. of the 6th P.M., 1890 feet from the North section line and
assigns,
1, ninety
lints and
art' con-
th clay of
0 subject
:t of this
•�U
being one
;aid Court,
petitioner
and it ap-
.pon James
that said
notice of
the Court
nolo fully
mer of the
!„, r.torc or
and is also
right used
7i pal source
c southeast
1, T. 6 S.,
2 sail waste
Conley and •
ork of con -
_1. D. 1893,
eai•acity of
cuter by the
appropriation
that Sixty
rrigahle land
t• is entitled
said sources
:it led to No-
-that the
;riot No! 45.
said •
r,:e i` hereto
and that
aid iletitioncr, ;.
;ld for tbe..
of water D•.'.
And it is fuII,.
Ordered, Adjudged and Decreed; that :c findings
,1„1 this decree are st to the sante provisions .uul condition.• t are eon -
::fined in the originalccrce of this Court, math. and entered on le 5tlt Clay
!,i \lay, :\. D. ISRti. "Ln the matter of the adjudteation ot Ihc• pruu-I1y of righI::
u• theuse of water for irrigation in Water h)istrict No. 45.” and further. that
thisdecree shall he taken, deemed and heti to 1e subject to Iltr prior and
v'sted rights of ;111 priority rights estabii5beci and .1.crtr,l by this t,o;rt inoi..'
than four years prior to the elate ot the titin_ of this penton 11....r,.41.1, to - wit.:
:\I ay 9th, 1901, as provided by law.
And it is further Ordered, that the petitioner pay the COSI:, of this
proceeding.
lt)NN T. siil'\L\'I'l„ lodge•.
PRIORITY NO. 119 AAAA��.
McCAREY WASTE WATER DITCH
PRIORITY NO. 119 AAA
WETZEL DI'L'CI-I
PRIORITY NO 119 B
REYNOLDS AND GILLUM DITCi'I
Now on this 3ist clay of May, A. D. 1904, the same being one of the
rc._• iar juridical days of the November, A. D. t9o3 term of said Court. the
entitled matter corning on regularly to be heard by the Court, and
the petitioners appearing in person and by Edward T. Taylor, Esq., their attorney,
and the respondents appearing in person and by Charles F. Caswell. Esq.,
their attorney, and it appearing to the Court that due notice of this proceeding
has been regularly served upon the respondents James McCarey and Gus A.
Wetzel, and it appearing to the Court that said parties are all that are interested
adversely or entitled to notice of this proceeding, and the Court having heard
the testimony and the arguments of counsel and being now fully advised in
the premises, doth find:
First: That the petitioner, Helen G. Reynolds, is the owner of the
i;.1 S.E.;, S.\V.+ S.$. Sec. 31, T. 6 S., R. 94 W. and that the petitioner
FraH M. Gillum, is the owner of the N.W.; S.E.a, Sec. 31, T. 6 S., R. 94
W. •hat Gus A. Wetzel, who is also a petitioner herein, is the owner of the
of said Sec. 31, T. 6 S., R. 94 W. ; and respondent, James
'1'. McCarey, is the owner of the N.D.+ S.E.;, of Sec. 36, T. 6 S., R. 95, and the
N.W., of the S. \V.i, of Sec. 31, T. 6 S., R. 94 W. 6th P. M. ; which
said lands are situated in said Water District No. 45, in said County and State,
and are subject in large part to irrigation by the ditches and water rights
hereinafter referred to.
Second : That the petitioners Reynolds and Gillum are the owners
of what is called the Reynolds and Gillum Ditch ; that the headgate of said ditch
is situate in said County and State on the west hank of Cache Creek, from
which said ditch draws a portion of its supply of water, at a point about 467
feet <nuth of the south quarter corner of Sec. 32, T. 6 S., R. 94 \V.: that
said :itch runs thence westerly and north-westerly and empties into a natural
ware .:ay or channel which collects the waste, seepage, spring and scapage
waters from the ranches of Willis Iiissee, being the S.W. ; of Sec.' 5, T. 7 S.,
R. 94 W. ; the land of Ira J. Cissna, being the S.E.: N.E.', N.E• t S.E• , Sec.
6, .1.• 7 S., R. 94 W. the lands of J. H. Evans and Charles Evans, being
154
lie S. \ N. \V.1, S. N. h. ' N. W.1 Sce 5. T. 7 S., R. o.. W. ; and
lands Of B. St aton , being the N\\. S. Sec. 6, T. 7 S.,
k. 111(1 other
lands that
v i:Wity, v hich \\.;,1 d.o appropriated
hy the said l's.eynolds and telt and arc used by sai(1 petitioners through
th eir said di Leh and di rough eon am laterals taken from na t ural water -ways
for the irrigation ot their said lands : that t hero al-• it100 two Or more main
.prings which are used by said petitioner Rcynol,ls alone for the irrigation of
her said lands and in which ;Tviligs hcither 1110 said Gillum nor Wetzel have
any interest ; and that said Art:Carey is also the owner individually of certain
springs to which none of the otin.-r part ies hereto have any interest ; that the
work of construction of the said Reynolds and Gillum Ditch was commenced
or the 1 5th day of ,Npril, A. D. 19oo, and the same was constructed and completed
and has ever since hitherto been used for the irrigation of the lands lying there-
under with all reasonable diligence ; and the priority rights of both of said
Petitioners to the waters of Cache Creek and the waste and seepage waters
hereinabove referred to were initiated upon and are entitled to date from the said
5th day of April, A. D. i000 ; that the appropriation by the said petitioner
Reynolds to the said spring is her sole and individual water right and ap-
propriation, but is a part of the appropriation and priority herein decreed to
the said Reynolds and Gillum Ditch, but is not subject to the priority rights
of any of the other petitioners herein ; that of the said lands belonging to the
said Reynolds, about i ID acres is subject to practical irrigation from said ditch,
and about 6o acres thereof is at present under practical irrigation ; that of the
said land belonging to the said petitioner Gillum, about 35 acres is practically
irrigable from said ditch, and of this amount about 20 acres is now being
actually irrigated ; that of the said land belonging to the said petitioner -Wetzel,
about 3o acres is subject to practical irrigation from the Wetzel Ditch herein-
after referred to, and of which amount about iS acres are now being actually
irrigated ; that of the said land belonging to the said McCarey, about 43 acres
is subject to irrigation, and practically all thereof is now so irrigated, 3S acres
of which is being irrigated from the McCarey Waste Water Ditch and the re-
maining 5 acres thereof being irrigated by the McCarey Spring hereinafter re-
ferred to.
Third : That the petitioner Wetzel is the owner of what is called the
Wetzel Ditch, which is used for the irrigation of his said lands ; that the
headgate of said ditch is situate in said County and State on the northerly
side of the above described natural channel or water -way, from which said ditch •
draws its supply of water, at a point near the center of said S.E.?t, of said Sec.
3 T. T. 6 S., R. 94 W. ; that the said ditch derives its supply of water from the •
it I
waste and seepage waters that collect in said channel from the ranches herein-
above referred to ; that the work of construction of said Wetzel Ditch was begun
on 'the 1 5th day of April, A. D. 1899, and the same was constructed and corn—
pleted, and has ever since hitherto been used for irrigation purposes by said
petitioner with all reasonable diligence ; and that the priority rights of said
petitioner in the said waters were initiated upon and date from the said last ,
named date. •
Fourth: That the said James T. McCarey is the owner of the McCarey
Waste Water Ditch used for the irrigation of his said land ; that the headgate
of said ditch is situate in said County and State on the west bank of the said
natural water -way or channel hereinabove referred to, from which said ditch
draws its supply of water at a point near the central portion of the S.
of said Sec. 31, T. 6 S., R. 94 W. ; that the said ditch derives its supply of
v'ater from the seepage and waste waters that collect in said channel, and also
from the seepage and waste waters from the Conley, Anderson and
Douglass ranches and the adjoining lands to t he south and south-easterly of the
said lands of said petitioner McCarey, and also from said springs adjoining and near
to the said lands of said McCarey, and which are hcrcinahove referred to as 7"
aen!,,1
t
1 !).
.11
:1•
tr.:1y
he
the
the
•in -
:71
ast
Lid
..,11.I \\ 1,;;,•1,
•••'1 "1".• • •1111,1,•' •••
• -,1", 1,••• ‘.; •••• • •• • • :‘,11 ••••,•• '..•• • •\•1•11 .!!!
• •• a", e11
L1C
• 1 t e " • I •-• '.1i • • !
.1•.• " ! I • •
ti 11
.• <, ••.•••••.- 1!•,1 • ;11:11:ii • • .• •:••• v;:;••'. ••• .111: , •••
::!'1 • L'.1.ti•11! I.•-• 1,
liceess,lry : o •111•1
irTigati,,i1 ! are: and ahoy,' 111,' amount 11,'1',":'sal-L' for
he may !IC fr,111 the seL•pa...L'e anti
111111 ir he Coniey "':inches ';:,•:1 ‘,d1eL:: '11
,h!,•11 sal,i ehanne! helow \\There tIley are C:tpahle of wng •livty ed and
the •.ither petitioners her(in.
Fifth : That the said The \-leCarey \ V.Aste. Water I)itch rentille'l
t' N11ln111-red •• •\ • with PrioritY No. 1 I') .\ •\•\••\ A. in SOit va( or
the said ;ch day of A. 1). 80, and is entitled app,orri;itioli
virtue of original construction of .15.9 cubic feet of water per minute of
Iof the waters of said natural channel derived from the •.‘•:te, seeiiaL;e
strnig waters that collect therein or along the lino of said ditch
nov:jl l:
said appropriation must 1)..• obtained as far as possible from the •,vaters
.,,•••ived from the said Conley and other adjacent ranches ivineh collect beiow
:Ind are not subjet to uso. by the other pet:.liorters herein ; and that the said
Waste \Vater Ditch is also entitled to z1 further appropriation of
i••iiiic feet of water per minute of time as of said •late, from the said 1.,•(4.:Irej.-
:41•1-iiig which is a part of the said appropriation.
That the said Wetzel Ditch is entitled to be Numbered 4 .\.\_•\. \virh
''•••ority No. rio AAA. in 'Armor district as of the said r5thday
of
1. _ \. D. 1 Soo, and is entitled to an aggregate appropriation of ,culic
jo
of water per minute •.)f •-.ime from its said sourc2s of ulriy: provide•l.
5 cubic feet of water vie.. minute of time of said amount shall imie
11
upon the beneficial appiicathm thereof at the established i-atio
sunab 1 c time. virulir
That the said Reynolds and Gillum Ditch is entitled to he numbered
11, with Priority No. 111) 11, iu said water district as of the said r5th day
of .•\pril, A. D. r9oo, and is entitled to an aggregate appropriation of i74
cubic feet of water per minute of time, of which amount 72 feet her minute
is entitled to be decreed absolutely to said Reynolds, and 6o cubic feet per
minute is entitled to be awarded conditionally upon the beneficial application
(000tat the established ratio within a reasonable dine : and 42 cubic feet of
ter per minute of time of which aggre•gate appropriation belongs to the said
:Lon- (;illurn, and of his said appropriation .24 cubic feet per minute are
ilori to be decreed absolutely and IS cubic feet thereof conditionally, and
• said Reynolds and Gillum own the sail ditch itself in proportion to their
-id respective acreage thereunder: provided, that the said petitioner Reynolds
•-•all utilize as a part of her said appropriation, as far as is reasonably possible.
die springs of which she is the sole owner.
It is therefore Considered, Ordered, Adjudged and Decreed by the Court,
that the said AfcCarey- \V.aste Water Ditch be, and 111e same is hereby, numbered
7'4 with Priority No. 119 A.1, and that there be allowed to flow
into said ditch for irrigation purposes, and for the use and benefit of the said
b••titioner, James T. McCarey, his heirs and assigns, from the :\Ict....arey Spring-,
ettbie feet of water per minute of time and from the waste and seepage waters
,L collect in the natural channels tapped by said ditch, 45.6 cubic feet of water
minute of time ; provided, that the said petitioner shall, 0 far as is reas-
!ably possible, obtain the said approprtion. from the watte, seepage and.
Hiring waters coming from the Conley and other ranches, and collecting in sail
0,4744.,
. •
671,er,
••,t-4•?%•-t<•••••-il•
'
•""t. ••••., . •••
,•, •
• .
. - •
.;;
l a ti
Aitch and along the natural channels tapped Ili, ,'ebu at points below where the
other petitioners herein are 2ap;thlt: of div,rt+tt,ti and using the ;ante through
their said ditches.
It is further Ordered, Adjudged and Decreed by the Court, that the
W.ctzel Ilio h bt, au l !Lt ..;unc I10rcl,v .\`unti,crt•d ,- t :\.\.\. \.vith Piinrity
No. tt9 AAA, and that there be allowed to Ilow into said ditch for irrigation
purposes, and for the tut anti Iwitefif of Wt. •:aitt petitioner, t;u, .\. \\ ttzrl,
his heirs and assigns, 36 cubic Leet of water per minute of time of the waste
and seepage waters that collect in the natural channel from which s;tid flitch
draws its supply of water, of which amount .11 cultic fret of water per minute'
of time is hereby decreed absolutely, and t 5 cultic fret of water ptr minute
of time is awarded conditionally !upon the heneFeial application thereof at the
established ratio within a reasonable time.
And it is further Ordered, Adjudged and Decreed by the Court, that
the said Reynolds and Gillum Ditch 1:e, and the sane is hereby numbered 74 I',
with Priority No. 119 B, and that there be allowed to flow into said ditch for
irrigation purposes, and for the use and benefit of the said petitioners, their
heirs ' and assigns, 174 cubic feet of water per minute of time ; of which amount
the said petitioner Reynolds is entitled to 132 cubic foot per minute of time,
and the said petitioner Gillum 42 cubic feet ; and that of said amount belonging
to said Reynolds 72 cubic feet per minute is hereby decreed absolutely, and
the remaining 6o cubic feet per minute is awarded conditionally upon the bene-
ficial application thereof at the established ratio within a reasonable time;
and that of the petitioner Gillum's interest in said appropriation 24 cubic feet
of water per minute of time is decreed absolutely, and 1S cubic feet of water per
minute of time is awarded conditionally upon the beneficial application thereof
at the established ratio within a reasonable time.
Provided, that the said petitioner Reynolds is awarded the exclusive
right to the springs heretofore used by her, and the entire flow of said springs
shall be considered a part of her interest in this appropriation ; and she shall
only be permitted to draw from Cache Creek and the waste and seepage water
supply in said natural channel such amount as may be necessary over aand
above the flow of said spring to make up whatever proportion of her
132 cubic feet of water per minute of time she may be entitled to for the ir-
rigation of her said lands, or such portion thereof as she is beneficially irrigating.
And it is further Ordered, Adjudged and Decreed by the Court, that
these findings and this decree shall be subject to the prior vested decreed rights
of others as provided by law, and is also subject to the same conditions and pro-
visions as are contained in the general decree of this Court made and entered
on the 5th day of May, A. D. iSSS, "In the ::latter of the adjudication of the
priority of rights to the use of water for irrigation in Water Diestrictcosof this
43.
It is further Ordered, that the petitioners herein pay
proceeding in proportion to the respective amounts of water decreed to each.
JOHN 1'. SHUMATE, Judge.
PRIORITY NO. 113 AAAA
J. S. PORTER DITCH
Now on this t atlt (lay of March, A. D. 1904, the ssame being one of
the regular juridical days of the November, A. D. 1903 term of said Court, the
above entitled matter coming on to be heard by the Court, and the petitioner
appearing in person and by Edward T. Taylor, Esq., his attorney, and it ap-
pearing to the Court that due notice of this proceeding has been regularly served
upon the Divide Creek high Line Ditch Company, W. L. Smith, F. M. Toland,
Division 5
WD ID# Name of Structure Struct
1We
SORTED BY RAND (E -W) IP (N,S) , SDCTI(N, Q160
O C A T I O N --- Use Decreed U Adj Adjudtcatn Prev Ada Approprn 0 Adnan
Stream - L EM Cbdes Amowlt Type Date Date Date # Number
Name Cty Q -Q -Q Sec Ts �9
0.2200 C S 12/31/1972 12/31/1971 12/31/1884 44559.12784
0.1600 C S 12/31/1972 12/31/1971 12/31/1884 44559.12784
0.0200 C S 12/31/1972 12/31/1971 12/31/1884 44559.12784
0.0100 C S 12/31/1972 12/31/1971 12/31/1884 44559.12784
0.0600 C S 12/31/1972 12/31/1971 12/31/1884 44559.12784
0.0600 C S 12/31/1972 12/31/1971 12/31/1884 44559.12784
0.0400 C S 12/31/1972 12/31/1971 12/31/1884 44559.12784
0.0600 C S 12/31/1972 12/31/1971 12/31/1884 44559.12784
0.1600 C S 12/31/1975 12/31/1974 12/31/1884 45655.12784
0.0700 C S 12/31/1972 12/31/1971 12/31/1884 44559.12784
0.0600 C S 12/31/1972 12/31/1971 12/31/1884 44559.12784
0.5000 C S,C 12/31/1973 12/31/1972 11/04/1972 44925.44868
0.1000 C S,CA 12/31/1973 12/31/1972 11/04/1972 44925.44868
0.4000 C S,C,AB 12/31/1973 12/31/1972 11/04/1972 44925.44868
1.0000 C S,C 12/31/1978 12/31/1977 09/27/1977 46751.46656
1.0000 C S,C,AB 12/31/1978 12/31/1977 09/27/1977 46751.46656
14.0000 C S,C 11/10/1966 09/05/1952 09/01/1957 2 39325.00000
14.0000 C S,C,AB 11/10/1966 09/05/1952 06/02/188609/01/1957 2 39325.00000
19325.00000
0.1700 C 0 05/05/1888 11/14/1886 13467.00000
0
1.0800 C ,CA 05/05/1888 11/14/1886 13467.00000
1.0800 C ,C 05/05/1888
0.4200 C S 11/12/1903 07/06/1903 06/02/1886 19544.13302
6/02/1886 19 02.13302
0.3300 C 0,C 05/05/1888 006/02/1886 13302.00000
0.3300 C 0,CA 05/05/1888
3.0000 C S,C 12/31/1974 12/31/1973 02/11/1974 45332.00000
1.1000 C S,C 11/10/1966 09/05/1952 09/01/1957 1 39325.00000
1.1000 C S,C,AB 11/10/1966 09/05/1952 09/01/1957 1 39325.00000
0.1200 C S 03/02/1953 05/07/1945 05/01/1905 34825.20209
0.1300 C S 03/02/1953 05/07/1945 05/01/1905 34825.20209
0.2700 C S 03/02/1953 05/07/1945 05/02/1905 34825.20210
0.5000 C S 12/31/1977 12/31/1976 12/31/1906 46386.20818
1.3500 C S,C,AB 12/31/1977 12/31/1976 10/24/1977 46683.00000
1.0000 C S,C,AB 12/31/1977 12/31/1976 10/24/1977 46683.00000
12/31/1977 12/31/1976 10/24/1977 46683.00000
12/31/1977 12/31/1976 10/24/1977 46683.00000
03/02/1953 05/07/1945 10/01/1948 36068.00000
12/31/1973 12/31/1972 07/10/1973 45116.00000
12/31/1973 03/31/1972 44650.00000
12/31/1981 08/15/1972 44787.00000
12/31/1982 12/31/1980 47847.00000
12/31/1982 04/24/1981 47961.00000
12/31/1974 12/31/1973 09/25/1970 45290.44097
12/31/1972 06/30/1966 42549.00000
12/31/1974 08/18/1971 44424.00000
12/31/1973 12/31/1972 04/19/1973 45034.00000
12/31/1987 12/31/1986 05/01/1987 50159.00000
04/01/1886 13240.00000
10/01/1887 13788.00000
04/01/1886 13240.00000
04/01/1886 13240.00000
10/01/1887 13788.00000
04/01/1886 13240.00000
04/01/1886 13240.00000
04/01/1886 13240.00000
WATER RIGHTS REPORT
45 957 TRAHER4 SPRING NO 11 S 39 SEEP AND WASTE
45 958 TRAP iiN SPRING NO 12 S 3939 SEEP� AND WASTE
WASTE
45 959 TRAHFRN SPRING NO 13 S
45 960 1RAHRN SPRING NO 14 S 39 SEE AND WASTE
45 962 IRN453N SPRING NO 04 S 39 SEEP AND WASTE
45 963 114 931N SPRING NO 05 S 39 SEEP AND WASTE
45 964 1RAFEEHRN SPRING N3 06 S 39 SEEP AND WASTE
45 965 TRAHERN SPRING NO 07 S 39 SEEP AND WASTE
45 'RAH8 N SPRING NO 07 S 39 SEEP AND WASTE
45 NI SPRING NO 08 S 39 SEEP AND WASTE
45 967 TRAH RN SPRING NO 09 S 39 SEEP AND WASTE
45 1086 SY41RTZENCRL$ER SPRING S 39 SEEP AND WASTE
45 1086 S4ARTZENERMER SPRING S 39 SES AND WASTE
45 1086 SMRTZENCRIBER SPRING S 39 51:Bp AND WASTE
45 5081 Si4ARTZFlBER WELL NO 1 W 39 SEEP AND WASTE
45 5081 SwART2ENEMBER WELL NO 1 W 1 COLORADO RIVER
39 715 ES EE R14P PIPELINE NO 2 LP 1 COLORADO RIVER
39 715 ESHE PUMP PIPELINE N10 2 LP 1 COLORADO RIVER
45 694 t4)3CZ9G BIRD DITCH D 7 CACHE CREEK
45 694 MX3GN3 BIRD DITCH D 7 CACHE CREEK
45 694 MOCKING G BIRD DITCH D 7 CACHE E CREEK
45 694 MOCKING BIRD DITCH D 7 CACHE CREEK
45 694 MOCKING BIRD DITCH D 7 CACHE CREEK
45 694 MOCKING BIRD DI'104 D 7 CACHE CRIT(
45 952 SwARTaNDRuBER TMP & PL LP 1 COLORADO RIVER
39 714 FSHE EU.IP PIPELINE NO 1 LP 1 COLORADO RIVER
39 714 ESHE POMP PIPELIE NO 1 LP 1 oDDORADO RIVER
45 726 POTTER SEGS NO 1 2 3 D D 16 SPRING
45 727 POTTER SP NO 1 2 1U4P PL SLP 16 SPRING
45 746 ROBINSON DITCH NO 1 D 16 SPRING
45 POPTER-GQEAIFS WASTE D D 16 SPRING
45 MOCKBRD H1IRBALM DIV D 7 CACHE 01K
45 1035 MXCE03RD HLIRBPLM DIV D 7 CACHE CREEK
45 1035 M7C103RD HI.IRBALM DSV D 7 CACHE CREEK
45 1035 MEC KBRD HL RBAL:4 DIV D 7 CAME (REEK
45 1071 JAY BIRD D PUTTER DIV PT D 7 CACHE CREEK
45 1071 JAY BIRD D POTTER DIV PT D 7 CACHE CREEK
45 5075 SCOTT WELL W 16 SPRING
45 5004 SCOTT WELL NO 2 W 16 SPRING
45 5114 BRANDYWINE WELL W 16 SPRING
45 5116 WELLS WELL NO 1 W 16 SPRING
45 3628 WATER HOTS (EERL£ W 16 SPRING
45 5034 EMS WELL W 16 SPRING
45 5252 NQTOIE L WELL W 16 SPRING
45 5064 POLO WELL NO 1 W 16 SPRING
45 1124 EMRICK PUMP AND PIPELINE LP 16 SPRING
45 539 CANARY BIRD DITCHT D 16 SPRING
45 539 CANARY BIRD DITCH D 16 SPRING
45. 539 CANARY BIRD DITCH D 16 SPRING
45 539 CANARY BIRD DITCH D 16 SPRING
45 539 CANARY BIRD DITCH{ D 16 SPRING
45 539 CANARY BIRD DITCH D 16 SPRING
45 539 CANARY BIRD DITCH D 16 SPRING
45 539 CANARY BIRD DITCH D 16 SPRING
23 N4SWSE 29 6 S 94 W S IDS
23 NWSWSE 29 6 S 94 W S IAS
23 S1SES'E 29 6 S 94 W S ILLS
23 SESESE 29 6 S 94 W S IDS
23NWNESE29 6S 94 W S HITS
23 NESNISE 29 6 S 94 W S ITIS
23 NENWSE 29 6S 94 W S ITIS
23 SENWSE 29 6 S 94 W S EDS
23 SENWSE 29 6 S 94 W S IDS
23 SENWSE 29 6 S 94 W S IDS
23 SENWSE 29 6 S 94 W S IDS
23513EE31429 6S 94W3ID
23SESF 129 6S 94WSID
2351129 6S 94WSID
23 SWSWSW 29 6 S 94 W S IDS
23 SWSWSFI 29 6 S 94 W S IDS
23 SWSE384 30 6 S 94 W S I
23 SWNW 30 6 S 94 W S I
23 NESE 30 6 S 94 W S I
23NLS1SE30 6S 94WS I
23 NFSESE 30 6 S 94 W S I
23 N)1SESE 30 6 S 94 W S DS
23NESESE30 6S 94WSI
23N(SFSE30 6S 94WSI
23 SENESE 30 6 S 94 W S I
23 N(NESE 30 6 S 94 W S I
23NENESE30 6S 94WSI
23 SWSI4SW 30 6S 94 W S I0
23 SWSNSW 30 6 S 94 W S DO
23 SWSELSW 30 6 S 94 W S I
23 SWSFSW 30 6 S 94 W S IS
23 SENENE 31 6 S 94 W S FIS
23 SENEI E 31 6 S 94 W S IF
23 SE2113E 31 6 S 94 W S IF
23 SERENE 31 6 S 94 W S 113
23 X31 6S 94WSI
23 SWNENE 31 6 S 94 W S IDS
23SESWNE31 6S 94WSD
23 SWSWNE 31 6 S 94 W S D
23SF>SEIE31 6S 94WSD
23 SESENE 31 6S 94WSD
23 SWN1W31 6S 94WSD
2318, WRW31 6S 94WSID
23 SESENW 31 6 S 94 W S D
23 S13W8iW 31 6 S 94 W S IDS
23 51138M 31 6 S 94 W S IS
23 SWSE31 6S 9414S1
23 SWSE 31 6 S 94 W S I
23 SWSE 31 6 S 94 W S I
23 SWSE31 6S 94WSI
23 SWSE31 6S 94WSI
23 SWSE 31 6 S 94 W S ILS
23 SWSE 31 6 S 94 W S IDS
23 SWSE 31 6 S 94 W S I
July 1, 1994
PAGE 362
Priority Oxcart Seg# P Alter Comment- - - t
Iwnber Case A ID#
1.0000 C S,C
0.3500 C S,C
2.0000 C S,AP
3.0000 C S,C
0.0330 C 0
0.0330 C 0
0.0330 C 0
0.0220 C 0
0.0440 C S
0.1320 C 0
0.0330 C 0
0.0670 C S
0.1000 C S
0.0800 C 0
1.0000 C O,C
0.9200 C 0,C
0.9200 C 0,CA
1.0000 C 0,CA
0.0800 C 0,TT
0.0330 C 0,TTri.'
0.0800 C 0,TF
fa.
05/05/1888
05/05/1888
05/05/1888
05/05/1888
05/05/1888
05/05/1888
05/05/1888
05/05/1888
W 757 1541
W 756 1540
1539
W 754 1538
W 764 1548
W 763 1547
W 762 1546
W 761 1545
W 2751 1751
W 760 1544
W 759 1543
W 1823 2107
W 1823 2108
W 1823 2109
W 3904 1891
83 181 2614
332 4914 604
W 95 2141
89 123
1946 143
89 145
1057 330
89 838
1946 2136
W 2301 1697
331 4914 603
W 96 2142
179 4072 698
180 4072 699
161 4072 700
W 3663 2248
82 83 2431
82 83 2432
W 3444 2233
W 3444 2234
202 W 1941 1646
W 1942 1647
W 2145 1674
81 42 1943
82 139 2044
82 154 2045
W 2420 1708
W 1093 1562
W 2310 1701
W 2124 1663
87 234 2757
48 89 110
95 89 222
48 89 835
48 W 1840 1635
95 W 1841 1636
48 W 1842 1637
48 W 2347 1706
48 W 1842 2110
55
62
62
DOM 7
1 ST ESII.ARGE24E'rr
yAcE ABSOLUTE 6/3/1977
ABFUNLXNED 6/03/1977
PERMIT NO 22816-F LII.U1EJ TO 150 AF ANNUALLY
N3ANDC D BY OJURT FOR NCNDILIGENCE
NEW PT OF DIVE AB NL'3IED
WEST BANK TAKEN IN JAY BIRD DITCH
TAKEN IN JAYBIRD DITCH
CCT 1 TF8RU APRIL 30. TAKEN IN JAYBIRD DITCH
12/31/1917. TAKEN IN JAYBIRD DITCH
DILIGENCE 86CW256, 82CW276, 92CW224
BEAXATE AT POTTER SPRINGS
SOURCE IS RETURN FLOW FROM IRRICATICN
OCT 1P3MAY 1
645
LpgTED TO FEB 1 THRU APRIL 30 DIL 85CW200
PERMIT NO 64055
PRMIT NO 115093
9108 41•T NO 81132
PERMIT NO 42627
PERMIT NO 48239
PERMIT NO 17150-F
DIVERTS WASTE WATER FROM DRAW
FIST BANK
CHANGE 1N USE ONLY
CHANGE 1N USE ONLY
THIS IS A USE CHANGE CNELY
1� ;s INN
Divisicn 5
WD ID# Name of Structure Struct
Type #
45 539 CANARY BIRD DITCH
45 679 NCCAREY WASTE WATER D
45 819 WETZEL DITCH
45 819 WEI7.EL DITCH
45 859 ALLEN SPRING
45 948 SPRIG DITCH NO 1
45 679 MCCAREY WASTE WATER D
45 819 WETZ L DITCH
45 819 WEPZEL DITCH
45 5090 W F WELL NO 2
45 5032 ALE TRAHERN WELL
45 616 H AND S DITCH
45 616 H AND S DITCH
616 H AND S DI'ICI-1
616HAND SDITCH
45 616 H AND S DITCH
45 616 H AND S DITCH
45 616 H AND S DITCH
45 616 H AND S DITCH
45 616 H AND S DITCH
45 738 REYNOLDS & GILLUM DITCH
45 738 REYNOLDS & GILIIM DITCH
45 738 REYNOLDS & GILIIM DITCH
45 738 REYNOLDS & GILLUM DITCH
45 738 REYNOLDS & Grimy( D1IU11
45 1085 STRAY HORSE DITCH (NEW)
45 1085 STRAY HORSE DITCH (N814)
45 1085 STRAY HORSE DITCH (NEW)
45 1085 STRAY HORSE DITCH (NEW)
45 7172 LANG AUG PLAN
45 5290 LANG WELL NO 1
45 3730 LANG POND NO 1
45 538 CAMP BIRD DITCH
45 538 CAMP BIRD DITCH
45 538 CAMP BIRD DITCH
538 CAMP BIRD DITCH
5 538 CAMP BIRD DITCH
45 645 JAY BIRD DITCH
45 645 JAY BIRD DITCH
45 645 JAY BIRD DITCH
45 645 JAY BIRD DITCH
45 645 JAY BIRD DITCH
45 645 JAY BIRD DITCH
45 645 JAY BIRD DITCH
45 645 JAY BIRD DITCH
45 783 STRAY HORSE DITCH
45 783 STRAY HORSE DI'TiH
45 801 VALENTINE DITCH
45 801 VALENTINE DITCH
45 955 TRAHERN SPRING NO 01
45 970 WINCH PMP NO 1
45 970 WINCH RMP NO 1
45 971 WINCH{ SPRING NO 1
. 45 971 WINCH SPRING NO 1
D
D
D
D
S
D
D
D
D
W
W
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
0
W
R
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
S
L
P
SLP
DS.
SORTED BY RANCE(E-W), TCW UP(N,S), SECTION, Q160
Stream
Name
16 SPRING
16 SPRING
16 SPRING
16 SPRING
16 SPRING
16 SPRING
16 SPRING
16 SPRING
16 SPRING
16 SPRING
48 MIMED TRIB(CDLD R)
7 CACHE CREEK
7 CACHE CREEK
7 CACHE CREEK
7 CACHE CREEK
7 CIE CRC
7 CACHE E CRC
7 CACHE E CRE E K
7 CACHE CREEK
K
7 CACHE E CRFEEK
7 CACHE CREEK
7 CACHE CREEK
7 CACHE CREEK
7 CACHE CREEK
7 CACHE CREEK
7 CACHE CREEK
7 CASE CREEK
7 (ACHE (REEK
7 CACHE (REEK
48 LNNNAD TRIB (OCTA R)
48 tRNANIE'D TR3B (COD R)
48 UNWED TRICK= R)
7 CACHE CREDO
7 CACHE CREEK
7 CACHE CREEK
7 CACHE CREDO
7 CACHE CREEK
7 CACHE CREAK
7 CACHE (REEK
7 CACHE CREEK
7 CACHE CREEK
7 CACHE CREEK
7 CACHE CREEK
7 CACHE (REEK
7 CA0HE (REEK
7 CACHE CREEK
7 CACHE CREEK
7 CAGE (REEK
7 CACHE CREEK
39 SEEP AND WASTE
1 C DUO ADO RIVER
1 COLORADO RIVER
1 COLORADO RIVER
1 CDIORADD RIVER
WATER RIGHTS REPORT July 1, 1994
L OCATI ON --- Use Decreed U Adj Adjudicatn Prev Pdj Apprcprn 0 Admin Priority Cburt Seg# P Alter Comment- - - t
Case A IDN
Cty Q -Q -Q Sec Ts Rng PM Cbdes Amount TypeDate Date Date fl Number Number
23 SWSE 31 6S 94 W S I 0.0330 C 0,TF 05/05/1888 04/01/1886 13240.00000 48 W 2347 2203
23 NWSESE 31 6 S 94 W S I 0.7600 C S 05/31/1904 05/07/1904 04/07/1898 19850.17629 119AAAAA 1090 366
23 NWSESE 31 6 S 94 W S I 0.3500 C S 05/31/1904 05/07/1904 04/15/1899 19850.18002 119AAA 1090 363
23 NWSESE 31 6S 94 W S I 0.2500 C S,C 05/31/1904 05/07/1904 04/15/1899 19850.18002 1090 365
23 NWSNSE 31 6 S 94 W 8 D 0.0066 C S 12/31/1981 12/31/1980 02/02/1980 47847.47514 81 36 1931
23 6hSkS1, 31 6 S 94 W S IS 0.0300 C S 12/31/1973 12/31/1972 04/20/1896 44925.16912 W 2008 1652
23 SWNESE 31 6 S 94 W S I 0.7600 C S,AB 05/31/1904 05/07/1904 04/07/1898 19850.17629 119AAAAA 84 218 2579
23 NWSESE 31 6 S 94 W S I 0.3500 C S,A81 05/31/1904 05/07/1904 04/15/1899 19850.18002 119AAA 84 218 2592
23 NWSESE 31 6 S 94 W S I 0.2500 C S,C,AB 05/31/1904 05/07/1904 04/15/1899 19850.18002 84 218 2593
23 SWNWSW 31 6 S 94 W S D 0.0330 C 0 12/31/1973 06/30/1969 43645.00000 W 2178 1678
23 SWSENE 32 6 S 94 W S IIS 0.0350 C S 12/31/1974 12/31/1973 12/31/1972 45290.44925 W 2222 1690
23 SWSWSE 32 6 S 94 W S I 2.0000 C 0,TT 05/05/1888 11/20/1884 12743.00000 3357 71
23 SWSWSE 32 6S 94 W S I 2.3300 C 0,TT 05/05/1888 11/01/1886 13454.00000 61 3357 140
23 SWSWSE 32 6 S 94 W S I 3.5400 C 0,TT 05/05/1888 03/10/1887 13583.00000 3357 166
23 SWSWSE 32 6 S 94 W 5 I 0.1300 C 0,C,TT 05/05/1888 03/10/1887 13583.00000 3357 171
23 SWSWSE 32 6S 94 W S DS 0.8300 C S,TT 11/12/1903 07/06/1903 11/20/1884 19544.12743 3357 333
23 SWSWSE 32 6 S 94 W S I 2.1400 C S,TT 02/10/1909 12/05/1908 06/01/1901 21523.18779 3357 480
23 SWSWSE 32 6 S 94 W S I 0.2200 C S,TT 04/21/1914 04/10/1914 04/01/1906 23475.20544 3357 572
23 SWSWSE 32 6 S 94 W S I 0.3300 C S,TT 03/26/1917 03/21/1917 07/01/1909 24551.21731 3357 594
23 5W5745E 32 6 S 94 W S I 0.5000 C S,TT 11/24/1900 11/12/1900 10/03/1893 18578.15982 3357 1758
23 SESWSE 32 6S 94 W S I 1.6000 C S 05/31/1904 05/07/1904 04/15/1900 19850.183671198 1090 362
23 SESWSE 32 6 S 94 W S I 1.3000 C S,C 05/31/1904 05/07/1904 04/15/1900 19850.18367 1090 364
23 SESWSE 32 6 S 94 W S I 1.0000 C S,CA 05/31/1904 05/07/1904 04/15/1900 19850.18367 W 2007 1651
23 0E5.45E 32 6S 94 W S I 0.3700 C S,TF 05/31/1904 05/07/1904 04/15/1900 19850.18367 W 2505 1715
23 SESWSE 32 6 S 94 W S I 0.3000 C S,C,TF 05/31/1904 05/07/1904 04/15/1900 19850.18367 W 2505 2228
23 SWSWSE 32 6 S 94 W S I 0.4000 C S,TT 08/02/1913 05/29/1913 06/01/1903 23159.19509 W 2505 1716
23 SWSWSE 32 6 S 94 W S I 0.3700 C S,TT 05/31/1904 05/07/1904 04/15/1900 19850.18367 W 2505 1718
23 SWSWSE 32 6 S 94 W S I 0.3000 C S,C,TT 05/31/1904 05/07/1904 04/15/1900 19850.18367 W 2505 2227
23 SWSWSE 32 6 S 94 W S I 0.3000 C S,CA 05/31/1904 05/07/1904 04/15/1900 19850.18367 W 3394 2229
23 NESNSE 32 6 S 94 W S A 20.0000 A 0 12/31/1990 10/29/1990 51436.00000 90 217 2876
23 NWSESE 32 6S 94 W S IFS 0.0330 C S,C 12/31/1990 12/31/1989 10/23/1990 51430.00000 90 217 2877
23 NESWSE 32 6S 94 W S IFS 0.5000 A S,C 12/31/1990 12/31/1989 10/06/1990 51413.00000 90 217 2878
23 NWNWSW 32 6S 94 W 5 I 2.5800 C 0,C,AB 05/05/1888 03/15/1883 12127.00000 7 905 20
23 0745454 32 6 S 94 W S I 5.2500 C 0,C 05/05/1888 03/15/1883 12127.00000 7 89 21
23 NWNWSW 32 6 S 94 W S I 0.3300 C 0 05/05/1888 03/15/1883 12127.00000 47 89 22
23 1484454 32 6 S 94 W S I 5.0000 C S 03/02/1953 05/07/1945 03/08/1944 34825.34400 199 4072 720
23 1445451 32 6S 99 W S I2.6700 C 0,CA 05/05/1888 03/15/1883 12127.00000 7 905 1817
23 NWNWSW 32 6S 94 W S I 0.0800 C 0 05/05/1888 08/02/1886 13363.00000 59 89 136
23 NWNWSW 32 6 S 94 W S I 2.0000 C 0,CA 05/05/1888 01/25/1888 13904.00000 102 1946 241
23 NWNWSW 32 6 S 94 W S I 2.0000 C 0,C 05/05/1888 01/25/1888 13904.00000 102 89 242
23 NWNWSW 32 6S 94 W S I 1.9800 C S 06/22/1939 08/08/1932 04/03/1912 30170.22738 167 3253 664
23 NWNWSW 32 6 S 94 W S I 2.0000 C S 03/02/1953 05/07/1945 10/01/1948 36068.00000 202 4072 723
23 1418454 32 6 S 94 W S I 0.9200 C 0,C 05/05/1888 08/02/1886 13363.00000 59 89 841
23 NWNWSW 32 6S 94 W S I 1.0300 C S,C 06/22/1939 08/08/1932 04/03/1912 30170.22738 167 3253 916
23 NWNWSW 32 6 S 94 W S I 0.9200 C 0,CA 05/05/1888 08/02/1886 13363.00000 59 1946 2137
23 NENWSW 32 6 S 94 W S I 0.8000 C S 08/02/1913 05/29/1913 06/01/1903 23159.19509 12888A 543
23 NENWSW 32 6 S 94 W S I 0.4000 C S,TF 08/02/1913 05/29/1913 06/01/1903 23159.19509 2505 1717
23 04d4S4 32 6 S 94 W S I1.3000 C S 12/19/1917 11/13/1917 12/05/1908 24788.21523 143AAA-C 1959 601
23 N0d44534 32 6 S 94 W S I 2.7000 C S 07/09/1965 03/02/1953 05/01/1937 37681.31897 242 4954 764
23 0445,4NE 33 6S 94 W S IAS 0.1000 C S 12/31/1972 12/31/1971 12/31/1884 44559.12784 W 766 1550
23 SENENE 33 6 S 94 W S I2.0000 C S 12/31/1977 12/31/1976 03/01/1976 46386.46081 W 3321 1805
23 SEI4EIE 33 6 S 94 W S I 1.0000 C S 12/31/1974 12/31/1973 05/01/1974 45411.00000 W 2424 1709
23 503401E 33 6 S 94 W S I 0.7800 C S,C 12/31/1974 12/31/1973 08/23/1974 45525.00000 W 2414 1617
23 SEPIFIE 33 6 S 94 W S I 0.7800 C S,1.A 12/31/1974 12/31/1973 08/23/1974 45525.00000 W 2414 1893
!WE 363
THIS IS A USE CHANGE ONLY
MUST USE SPRING AND WASTE FIRST
I OGLED IN ILII NO 3
PERMIT NO 64029
TRAILS FROM HARDIN3 AND SIh4RL DITCH
TRANS FROM HARDING AND SIMRL D11
TRANS FROM HARDING AND SIMRL DITCH
TRANS FROM HARDING AND SII4<RL DITCH
TRANS FROM HARDING AND SII4ERL DITCH
TRANS FROM HARDENS AND SR4ERL DITCH
TRANS FROM HARDING AND SIMERL DTICH
TRANS FROM HARDING AND SThERL DITCH
TRANS FROM HARDING AND SINFRL DITCH
MSP USE SPRIN,S AND WASTE FIRST
CA W2007 12/31/1973
TRANSFERED TO STRAY HORSE DITCH
TRANSFERED TO STRAY HORSE DITCH
TRANS FROM CRIG PT OF DIV
TRANSFERRED FROM REYNOLDS GIILUM DITCH
TRANSFERED FROM REYNOLDS GILLUM DITCH
NEW PT OF DIV
P 4504900 AUG PURSUANT GREEN MIN COMA, 9AC IRR 18A,EVAP 0.75A,STCCK 0.56A
A 4507172 FOR GOWER SIOCIK, IRR OF 9ACRE, AND FIRE
A 4507172 EVAP AND USES AUG UIP TO 20AF
WEST BANK
WEST BANK
USED ON MOCKING BIRD LANDS
USED IN MOCKING BIRD LANDS
12/31/1917
TRANS TO NEW PT OF DIV
AKA WINCE PL -NICK EY ENL
MADE ABSOLUTE 1978
State of Colorado )
SS.
County of Garfield )
"1//,p, JO
IN THE DISTRICT COURT.
*0*0******0***0*0*******************.0***
In the matter of the application of )
Helen G. Reynolds and Frank M. Gillum, )
for an adjudication of their pric:,rity )
rights to the use of the waste, seepage )
and scapage waters for irrigation pur- )
poses, which arise upon and flow from )
the land of Willis Kissee, being the )
S.W.1/4 Section 5, Twp. 7 S. R. 94 W.; )
the land of Ira J. Cissna, being the )
S.E.1/4 N.E.1/4, N.E.1/4 S.E.1/4, Section 6
Twp. 7, S. R. 94 W., ; the land of )
Evans, being the S.1/2 N.W.1/4, S.W.1/4 )
N.E.1/4, N.W.1/4 S.E.1/4; Section 5, )
Twp. 7 S. R. 94 W., ; the land of B. )
Staton, being the S.W.1/4 N.E.1/4, N.W. )
1�4 S.E.1/4, Section 6 Twp. 7 S. R. 94 W)
also the waste, seepage and scapage waters from the lands
lying below the above described lands and above the lands
owned by ythe petitioners herein; also for an appropria-
tion of water from Cache Creek in Water District No. 45.
PETITION.
* * * * * * * * * * * * * * * * * * * *it* * * * * * * * * * * * * * * * * 0* rt * * * * * 14*** * * * * * *
To the District Court of the Ninth Judicial District,
and to the Honorable John T. Shumate, Judge thereof:
Now come your petitioners Helen G. Reynolds and Frank M. Gillum,
and r4spectful3y represent and show as follows:
FIRST, That your petitioner Helen G. Reynolds is the owner of the
E1/2 S.E.1/4, S.E.1/4 S.W.1/4, S.W.1/4 S.E.1/4, Sec. 31 Twp. 6 S.R.94 W.;
and that your petitioner Frank M. Gillum is the owner of the N.W.1/4
4 V ., a e,,.. ti r•
• .
S.E.1/4, Sec. 31 Twp. 6 S. R. 94 W. , both of said tracts of land aggre-
gating 200 acres , more or less;
SECOND, That your petitioners are also the owners of the Rejnolds
and Gillum Ditch, which said ditch is constructed for and takes its supply
of water from the Gulches and Rivulets that lead down from the lands of
the said Kissee, Cessna, Evans and Staton above described, as well as the
waste, seepage and scapage waters derived from the lands adjoining the
said Gulches and through which the said Gulches run; aa well as the waiters
of Cache Creek, which petitioners desire to conduct through said ditch,
for the irrigation of their said lands.
THIRD,, That the waters of said Cache Creek are conducted into a
rbo
Gulch which used as a natural conduit, from which your petitioners divert
the waters of said Cache Creek; and conduct the same onto their respective
lands by and through the said Reynolds and O111urn mut Ditch;
that the above described lands owned by your petitioners are sub-
ject to irrigation through the said Reynolds and Gillum ditch from the
said waste seepage and acapage waters, and frorn the said Cache Creek,as
above set forth; and that a more complete description of the petitioner'S
said Reynolds and Gillum ditch and water rights is set forth in the
Ditch Claim Statement hereto attached and filed herewith, to which refer-
ence is hereby made an a part hereof.
FOURTH, That your petitioners have never had their sikid Reynolds
and Gillum ditch adjudicated, nor their priority rights to the use of
the said waste, seelage and scapage waters from the lands aforesaid,
and from the said Cache Creek adjudicated; that your petitioners are de-
sirous of hating the said ditch and their priority rights therein deter-
mined by this Honorable Court , and of complying with the law in relation
thereto.
FIFTH, That there are no persons to the best of your petitioner's
knowledge, information and'belief, who are entitled to notice of this pro-
ceed, or who are interested adversely, unless it be the following:
:j Of. 1,..
ii t,
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ct ("'(: (:'
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tii (1;)_((..' ;(((
i 11(1.4; I i A f(;
} � F.IfC"
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tru(. ,T mi)li, 1)I (
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T';;f:
WHEREFORE, Your petit loners pray this Honorable Court for an
order allowing them a hearing in the premises, and for a decree adjudi-
cat ing and estab lashing their priority rights in the said Reynolds and
Gillum Ditch and adjud icat ing and decreeing to your pet it ioners a suffi-
cient amount of water for the practical irrigat ion of all their irr• igable
lands lying thereunder, and for such other and further orders in the
premises as equity and just ice may require.
State of Colorado,
SS.
County of Garfield.
_
Attorney for Pet ioners.
Frank M. Gillum being first duly sworn,
upon his oath deposes and says: that he is one of the let it ioners named
in the above and foregoing pet it ion; that he has read the said petit ion
and knows the contents thereof , and that tan e matters and things therein
stated are true of his own knowlegge
' i'
Subscribed and sworn to before me this 7-7(7/day of March, A. D.1904.
.7
Commiss ion expires 7( p___/
77)
Notary Public.
Submit original plus 3 copies
DISTRICT COURT, WATER DIVISION 5 , COLORADO
Case No
APPLICATION FOR CHANGE OF WATER RIGHT
CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
Samuel B. Potter, Teresa A. Potter,
Thomas H. Odgers and Mary K. Odgers
ul Filed
in Garfield County.
1. Name, address, telephone number(s) (residence and business) of applicant(s)
Samuel B. Potter, Teresa A. Potter, Thomas H. Odgers and Mary K.
Odgers, P.O. Box 148 Rifle, Colorado 81650; Telephone: (970) 625-2
c/o Stuver & George, P.C., P.O. Box 907, 120 West Third Street,
Rifle, Colorado 81650; Telephone: (970) 625-1887
2. Decreed name of structure for which change is sought: (indicate whether ditch, well. springs, reservoir, etc.)
Spring No. 1, Spring Ditch No. 1; Spring No. 2; Spring Ditch No. 2;
Spring No. 3; Spring Ditch No. 3.
3. From previous Decree:
W-2008 and
A. Date Entered: March 15, 1974 Case No. 94CW114 Court. Div. 5
B. Decreed point of diversion (include map)• Map is attached as Exhibit "A" . The
Decreed points of diversion are set forth on Exhibit "B" attached
C.Source• Springs tributary to the Colorado River.
No. 1--.03 cfs
D. Appropriation, Date: April 2 0 , 18 9 6 Amount No • 2 --
.29 c f s
Firs applied to beneficial use on 2/14/1897 and has No. 3--.05 cfs
been. continuoslay used s,u ce that time.
t. tistonc use:(Include description o a water ng is to be changed, a map showing the approximate location of
historic use of the rights and records or summaries of records of actual diversions of each right the applicant intends to
rely on to the extent such records exist.)
The water has been used entirely on the property of Applicants
for irrigation and livestock water continuously since the date of
appropriation. Legal description of this property is set forth on
Exhibit "C" attached.
No. JDF 299. Rev. 9-85. APPLICATION FOR CHANGE OF WATER RICHT
Bradford Publishing, 5825 W. 6th Ave.. Lakewood. CO 80214 — (303) 233-6904)
92
GARFIELD COUNTY, SPRINGS TRIBUTARY TO COLORADO RIVER. Samuel B.
Potter, Teresa A. Potter, Thomas H. Odgers, and Mary K. Odgers,
P.O. Box 148, Rifle, Colorado 81650, telephone (970) 625-2192, c/o
Stuver & George, P.C., P. 0. Box 907, 120 West Third Street, Rifle,
CO 81650, telephone (970) 625-1887. APPLICATION FOR CHANGE OF
WATER RIGHT. Name of structure and decreed location from Case No.
W-2008 and 94CW114. The locations of the springs which feed the
three ditches are as follows: Spring No. 1, which feeds Spring
Ditch No. 1, is located at a point 968.35 feet on a bearing of
S11°31'21"W of the Northeast corner of Section 6, Township 7 South,
Range 94 West, 6th P.M. Spring No. 2, which feeds Spring Ditch No.
2, is located at a point 1261.19 feet on a bearing of S53°51'16"W
of said Northeast corner of Section 6. Spring No. 3, which feeds
Spring Ditch No. 3, is located at a point 1523.51 feet on a bearing
of S70°17'43"W of said Northeast corner of Section 6. Original
amounts: No. 1--.03 cfs, No. 2--.29 cfs, No. 3--.05 cfs. Applicant
owns lands in Section 31, Township 6 South, Range 94 West, 6th P.M.
consisting of 218 acres on which water is used. Application
proposes to change the use to domestic, livestock watering, fire
protection, irrigation, municipal, industrial, piscatorial,
augmentation, recreation, aesthetics, or hydro electric and may be
developed into a unified central water system. (6 pages)
• •
The E1/2SE1/4, the E1/2NW1/4SE1/4, the SW1/4SE1/4, excepting a
strip of land in the West end 275 feet wide and 1320 feet in length
and running North and South parallel to the West line of the
SW1/4SE1/4. All of the above described land in Section 31,
Township 6 South, Range 94 West, 6th P.M.
Also: Lot 2, Section 6, Township 7 South, Range 94 West, 6th P.M.,
excepting some 10.2 acres that lay South of a line that begins at
a point 138 feet North from the Southeast corner of Lot 2 and
extends Northwesterly across Lot 2 to a point 538 feet North from
the Southwest corner of Lot 2.
Also: Lot 1, Section 6, Township 7 South, Range 94 West, 6th P.M.,
excepting some 8.9 acres that lay South of a line that begins at a
point 450 feet North of the Southeast corner of Lot 1, and extends
Southwesterly across Lot 1 to a point 138 feet North from the
Southwest corner of Lot 1. Also Lot 4, Section 5, Township 7
South, Range 94 West, 6th P.M., excepting some 15.0 acres that lay
South of a line that begins at a point 500 feet North from the
Southeast corner of Lot 4 and extends West across Lot 4 to a point
500 feet North from the Southwest corner of Lot 4, together with
all improvements and appurtenances belonging thereto. Containing
218 acres, more or less.
EXHIBIT C
• •
The locations of the springs which feed the four ditches are as
follows:
1. Spring No. 1, which feeds Spring Ditch No. 1 is located at a
point 968.35 feet on a bearing of S11°31' 21"W of the Northeast
corner of Section 6, Township 7 South, Range 94 West, 6th P.M.
The amount of water claimed is 0.03 cfs.
2. Suring No. 2, which feeds Spring Ditch No. 2, is located at a
point 1261.19 feet on a bearing of 553°51'16"W of said
Northeast corner of Section 6. The amount of water claimed is
0.29 cfs.
3. Spring No. 3, which feeds Spring Ditch No. 3, is located at a
point 1523.51 feet on a bearing cf S70°17'43"W of said
Northeast corner cf Section E. The amount cf water claimed is
0.05 cfs.
EXHIBIT "B"
• •
Li 00E = HDNI
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SECTION 6, T7S, R94W 6TH P.,Y.
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A4fr6J `SLI 9 NOII3_7S
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EXHIBIT "A"