HomeMy WebLinkAbout1.0 ApplicationG.
GARFIELD
SUBDIVISION SUMMARY FORM
Date
October 17, 1978
Subdivision Name
Rifle
County
Creek Estates
Location of Subdivision
Owner(s) NAME
TOWNSHIP 5 s.
Type of Subdivision:
Request for Exemption
Preliminary Plan
Final Plat
Filing
x
See
RANGE92&93W, SEC.30&25 1/4Descriptio
Thomas L, and Dorothy Emmer
ADDRESS 046
Subdivider(s) NAME
ADDRESS -same-
. . _.. : • 1
,7same-
Designer NAME Scarrow
ADDRESS 204 8th
& WalkerjKKBNA,
Inc.
Street, Glenwood Springs, Cnlnrndn 81601
Type of Subdivision
Number of
Dwelling Units
Area % of
(Acres) Total Area
( ) Single Family
( ) Apartments
( ) Condominiums
( ) Mobile Home
( ) Commercial
( ) Industrial
27
N.A.
N.A.
Dedicated
Reserved
Dedicated
Reserved
Private Open Areas
Easements
Other (Specify)
Street
Walkways
School Sites
School Sites
Park Sites
Park Sites
81.6 68.97
9.7
8.2_%
27.2 23.0%
Total
118.5 100.0%
Estimated Water Requirements
Proposed Water Source
9450 Gallons/day.
Well
Estimated Sewage Disposal Requirement
Proposed Means of Sewage Disposal
ACTION:
Planning Commission Recommendation
Approval ( )
Remarks
Date
945Q
Individual Systems
Disapproval ( )
Gallons/day.
4.
Board of County Commissioners
Approval ( )
Remarks
, 19
Disapproval ( )
Date , 19
Inc.
• Consulting Engineers • Land Surveyors
204 8th St. • Glenwood Springs, Colo. 81601 • 303-945-8664 144 West 4th St. • Rifle, Colo. 81650 • 303-625-2740
Drainage Study
for the
Rifle Creek Estates Subdivision
Garfield County, Colorado
Introduction:
October 16, 1978
The proposed subdivision is located 22 miles North of the
City of Rifle and 2 miles South of the Rifle Gap Dam. The 118
acre development is situated on a mesa 150 feet above the Rifle
Creek to the East and Government Creek to the West. The topo-
graphy within the upper building site area is fairly flat with
an average 2% slope to the South. Slopes along the East side
range on the order of 20 to 30% and are intersected by the main
access road. Vegetation is mainly sagebrush, cedar and pinon
trees and sparse grassland.
Flood Plain Analysis:
All of the building sites will be located above contour
elevation 5675 which is 75 feet above the adjacent floodplain.
Encroachment in the adjacent floodplain areas is non-existent.
Surface Drainage:
Generally, surface runoff will be generated from two
separate areas. The area East of the proposed Mesa Drive Road
will drain East and South to Highway 325. Culverts have been pro-
vided at appropriate locations as shown on Sheet 2 of 2 to carry
this runoff. The second area West of the Mesa Drive drains
through three major gulches to Highway 13 and eventually to
Government Creek. No drainage improvements have been planned
for this area as development has been restricted to 9 sites with
negligible increase in runoff volumes.
Calculations:
The culverts have been sized using the Rational Method.
A rainfall intensity of 1.5"/hr. was obtained from the Soil
Conservation Service's Procedures for Determining Peak Flows in
Colorado, 10 -year 24-hour isopluvial map. A 'C' factor of 0.2
was assumed due to the large open, undeveloped areas.
Robert A. Womsley
Gary S. Berschauer
Dennis O. Bradley
LeRoy E. Tobler
Martin S. Oldford
Raymond L. Baldwin
Robert D. Scarrow — Special Consultant
7456 West 5th Ave.
Denver, Colo. 80226
303/232-6050
111 Page 2 •
Drainage Study
Rifle Creek Estates Subdivision
Garfield County, Colorado
Sub -basin
Ci Area Q-l0yr. Culvert Size
A o.2 x 1.5" = 0.3 20 6 15"
B 0.3 10 3 15"
C 0.3 7 2.1 15"
D 0.3 5 1.5 extg.
E 0.3 35 10.5 extg.
F 0.3 30 9 extg.
Offsite + A 0.3 60 18 24"*
* Culvert at intersection of Mesa Drive and Highway 325.
Prepared by:
axcefee,
Martin S. Oldford, P.E.
SCARROW & WALKER / K.K.B.N.A., Inc.
ROBERT DELANEY
KENNETH BALCOMB
JOHN A.THULSON
EDWARD MULHALL.JR.
ROBERT C. CUTTER
SCOTT M. BALCOM9
DELANEY 6c BALCONI3
ATTORNEY;, AT LAW
DRAWER 790
GLENM0OD SI'HINOS, COLORADO 81001
Mr. Tom Emmer
1046 State Highway 325
Rifle, CO 81650
Dear Mr. Emmer :
BID COLORADO AVENUE
TELEPHONE 045-0546
AREA CODE 303
September 29, 1978
RE: Water Right Situation on
your proposed development
near Rifle, Colorado
At the request of Bill Lorah of Wright Water Engineers,
I am directing this letter to you concerning your water
right situation on Rifle Creek near Rifle, Colorado. It is
my understanding that you are considering the development
of 29 lots to be located in the drainage of Rifle Creek,
Colorado. Furthermore, on the basis of the factual report
supplied me by Bill Lorah, I have prepared and filed in
Water Court for Water Division 5, Case No. W-3876 through
W-3879 inclusive.
As I have orally explained to you, your right to supply
water to the subdivision through use of quite senior irrigation
decrees is dependent upon the lack of injury to other water
users in the area. The determination of lack of injury is
essentially a factual matter. Bill Lorah's report to me
indicates that your changes as proposed in the pending cases
can be accomplished without injury to other appropriators.
Hence, I am confident that your change in use to supply the
proposed development can be accomplished and the development
can be supplied with water both physically (essentially an
engineering determination dependent upon Lorah's report) and
legally.
Even should injury to other appropriators that is
presently unanticipated be discovered in the course of the
litigation, nonetheless I feel that the plan as proposed by
Mr. Lorah and myself has sufficient flexibility to be operated
Mr. Tom Emmer
September 29, 1978
Page 2
in such a fashion so as to prevent such injury. Even with
such modifications being made, there nonetheless should still
be a sufficient supply of water legally available.
If you have further questions of me, do not hesitate to
inquire.
Very truly yours,
DELANEY AND/EALCOMB
By
SB:p
cc: Bill Lorah
Scott Balcomb
IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
Case No. jV fl�
IN THE MATTER OF THE APPLI- )
CATION FOR WATER RIGHTS OF
THOMAS L. EMMER
IN GARFIELD COUNTY
567
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APPLICATION FOR
WATER STORAGE RIGHT
1. Name of applicant: Thomas L. Emmer
Address of applicant: 1046 State Highway 325
Rifle, CO 81650
Telephone number of applicant: 625-2491
2. Name of reservoir: Emmer Reservoir No. 1
3. Legal description of location of dam:
The right abutment of the dam embankment is
located in the NW4 of Section 30, T.5 S.,
R. 92 W. o. the 6th P.M. from the N,V corner
of Section 30, T. 5 S., R. 92 W. South
42°30' East a distance of 2440 feet.
4. Source of water: Rifle Creek, a tributary of the Colorado
River
5. A. Date of initiation of the appropriation: August 9, 1978
B. Date water first applied to beneficial use: n/a
C. How appropriation was initiated: Selection of
Reservoir site
6. Amount of water claimed in acre feet: 11
A. Portion absolute: 0
B. Portion conditional: 10 acre feet
7. Maximum height of dam in feet: 10'
8. Lengt:: of dam or proposed dam in feet: 300'
9. Total capacity of reservoir in acre feet: 11
10. Active capacity in acre feet: 10
11. Dead storage in acre feet: 1
12. Name and capacity of ditch or ditches leading to
reservoir, if applicable: Grand Tunnel Ditch and
irrigation return flow
13. Use or proposed use of the waters: Municipal, domestic,
irrigation, recreational, mechanical use, manufacturing use,
fire protection, and use for sewage treatment.
14. Thia reservoir is.to be a feature of a plan of augmentation
as described in Case.No. W- , Water. Division 5.
STATE OF COLORADO
ss.
COUNTY OF GARFIELD
DELANEY A iia' 3ALCOM3
By
Scott Balcomb #1376
P.O. Drawer 790
Glenwood Springs, CO 81601
(303) 945-6546
William L. Lorah, being first duly sworn, upon oath,
deposes and says that he has read the foregoing application,
knows the contents thereof, and that the same are true to
the best of his information, knowledge and belief.
William L. Lorah
Subscribed and sworn to before me this day of
7
•
, 1978.
My commission expires:
°r1y Comraiss.on 'expires Jan. 20,1975!
Notary Pubic
IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
Case No. W-:bi'7r7 ��
IN THE MATTER OF THE APPLI-
CATION FOR WATER RIGHTS OF
THOMAS L. EMMER
IN GARFIELD COUNTY.
w
O = 7,0 OR.=;DO
APPLICATION FOR CHANGE OF
WATER RIGHT AND APPROVAL OF
PLAN OF AUGMENTATION
1. Name, address and telephone number of applicant:
Thomas L. Emmer
1046 State Highway 325
Rifle, CO 81650
(303) 625-2491
2. Name of ditch: Grand Tunnel Ditch
Name of structure to be augmented:
Emmer Well No. 1
Emmer Well No. 2
3. Present point of diversion:
The headgate is located on the west bank of
Rifle Creek about five miles above the mouth,
in Garfield County.
4. Amount and priority of diversion: Priority No. 2
2 cubic feet of water per second of time
5. Proposed change and description of plan of augmentation:
(a) Applicant is the owner and claimant of a portion
of Grand Tunnel Ditch (2.0 cfs), which historically irrigated
61 acres on the subject property. Applicant proposes
to reduce pro rata its historic irrigation diversions
and consumptive use pursuant to the Grand Tunnel Ditch
to cover the consumptive use occasioned by its diversion
and use of the Emmer Wells 1 and 2 within the historic
irrigation season.. Applicant is also the owner and
claimant of the Emmer Reservoir No. 1 as described in
the application W- 3213'. At such time as water is being
consumptively used by the above named structures
outside the irrigation season and an administrative call
necessitates such, applicant proposes to release a quantity
of water to Rifle Creek from the Emmer Reservoir No.
1 to replace applicant's consumptive use as shall be
determined and administered by the State Engineer, or
his representative.
(b) Applicant intends to place the waters previously
decreed to the Grand Tunnel Ditch for irrigation use to
the following additional uses: all beneficial uses,
including recreational uses, municipal uses, domestic
use, irrigation use, mechanical use, manufacturing use,
fire protection use and use for sewage treatment.
6. Court where original decree entered: District Court in
and for Garfield County, Colorado.
F ling No.: Civil Action N. 103
7. i J e of appropriation: 5/15/82
8. Date of decree: 5/11/89
9. Approval of the relief requested in this application
will not injure other water users.
DELANEY 'AND BALCOMB
By
Scott Balcomb #176
P.O. Drawer 790
Glenwood Springs, CO 81601
Telephone: (303) 945-6546
STATE OF COLORADO
ss.
COUNTY OF GARFIELD )
William L. Lorah, being first duly sworn, upon oath,
deposes and says that he has read the foregoing application,
knows the contents thereof, and that the same are true to
the best of his information, knowledge and belief.
(/V; i v _ is y, . ;
William L. Lorah
Subscribed and sworn to before me this day of
(ti , 1978.
My commission expires:
My Commi:sion axpires tarp, 20, d
f(( 4
Notary Public /
AY1 N Or FICL
► O FOA 6026
AS►EM`COLORAL70 61611
GLI NWOOD S►RINGS Or, IC[
• O BOA 1256
GLI NWOOD SPRINGS COLORADO 51'.01
STE AMbOAT OFFICE
► 0 BOA 5220
STEAMBOAT VILLAGE. COLORADO 505„
SANTO DOMINGO OFFICE
WRIGHT•MENA WATER ENGINEERS
KM ,h ANTIGUA CORRETE RA DUARTE
SANTO DOMINGO. DOMINICAN REPUBLIC
.IGHT WATER ENGINEERS, INC.
ENGINEERING CONSULTANTS
Thomas L. Emmet
1046 State Highway 325
Rifle, CO 81650
Dear Tom:
3420 •LCOTI
DENVER COLORADO 80211
13031 ADS -'.I0(
Glenwood Springs
Tel. 945-7755
July 27, 1978
•
RE: Rifle Creek Estates
Water Rights
R(NNEIH• V.RIGHT
WILLIAM L LONA.
RUSSELL L DARP
! ROBERT M- GNI GOR
RALPH L TORN
ROBERT IAILLSKI
The purpose of this letter report is to define the fact situation
relating to the water rights and water resources of the proposed Rifle
Creek Estates subdivision. Also included are engineering recommendations
on how to develop a firm water supply for the proposed subdivision. After
you and your attorney have reviewed this letter, I suggest that the appropriate
applications be made to the Water Court to transfer a portion of the Grand
Tunnel Ditch water right to the domestic well(s) to insure a year around
"legal" water supply. We have not done any engineering on the water supply
system, however, we have estimated future ultimate water requirements in
order to recommend a comprehensive water resource strategy.
WATER REQUIREMENTS
The proposed Rifle Creek Estates subdivision encompasses 85 acres of
the 280 Emmer ranch located three miles north of Rifle, Colorado. It is
proposed to develop 29 single family lots on the 85 acres. We have developed
the following water requirements based on 35 single family lots in the event
you may wish in the future to add a few additional taps to the domestic
system.
Present development plans call for two separate water supply systems.
The firstsystem would be the potable in-house use only domestic water supply
which would be served by the existing ranch well and a RO (reverse osmosis)
water treatment facility. We recommend that a second well be drilled as a
Mr. Thomas L. Emmi
July 27, 1978
-2-
backup water supply for the existing well. Assuming that the average
residential unit would have 3.5 people with a per capita use of 100 gallons
per day, the 35 units would require an average in-house use of 8.5 gpm
(.02 cfs) or 14 AF per year The treatment capacity of that potable system
should be able to treat about four times the average daily requirement,
assuming that you have about 20,000 gallons of storage available after
treatment. Most R.O. units will require twice the amount of raw water as
the amount of treated water leaving the unit. Therefore, the well system
should be able to produce at least 70 gpm for a sustained period of time.
In addition to the in-house potable supply system, it is proposed
that an irrigation system be developed that would pump water from the
Grand Tunnel Ditch into a system that would irrigate each of the lots. At
this time it is assumed that the total acreage under this new irrigation
system will not exceed 16 acres of land that has not been previously ir-
rigated. The maximum diversion for this irrigation system will be 0.2 cfs.
The consumptive use of the potable water system (assuming septic tank -
leach field waste water treatment system) is estimated to be 25%. That is,
that 75% of the water diverted by the potable system will return to the stream
system and the other 25% will be evapotranspired. Therefore, on a consumptive
use basis a water right must be established to yield about 2 gpm continuously
or about 3.5 acre feet per year.
The lawn, garden and new pasture irrigation for the subdivision will
require up to 72 acre feet of water (4.5 acre feet per acre) with a consumptive
use not exceeding 32 acre feet.
GRAND TUNNEL DITCH
The Emmer ranch currently has 61 acres of land under irrigation by the
Grand Tunnel Ditch. The Emmer ranch claims 2.0 cfs of the ditch's senior
water rights. This ditch holds the following decreed water rights:
Mr. Thomas L. Emil
July 27, 1978
-3-
Appropriation Adjudication
Amount Date Date
Grand Tunnel Ditch 2.0 cfs 5-15-82 5-11-89
1st Enlargement 2.0 4-13-84 5-11-89
2nd Enlargement 4.0 4-15-85 5-11-89
3rd Enlargement 12.0 12-1-86 5-11-89
4th Enlargement 4.0 4-1-87 5-11-89
5th Enlargement 2.5 2-5-88 5-11-89
There is approximately 140 square miles of tributary stream basin
above the Grand Tunnel Ditch headgate. This ditch has historically delivered
a good water supply to the lands served by the ditch. From 1967 through
1977 it delivered an average of 4354 acre feet per year at an average rate
of 11.75 cfs for an average of 189 days per year. It is our opinion that
this ditch has provided a full water supply for the 60 acres of land on
the Emmer ranch.
Only the senior two rights in the Grand Tunnel Ditch can rely on water
during drouth periods. During low flow periods, normally August thru October,
the Rifle Canon Ditch (located about 1.5 miles above the Grand Tunnel Ditch
headgate) takes all of the Rifle Creek flow. During those times there is
normally enough seepage and return flow to satisfy the senior Grand Tunnel
rights. The only major diversion from Rifle Creek below the Grand Tunnel
Ditch is the Pioneer Ditch which sometimes diverts all the water available
to it from Rifle Creek.
CONCLUSIONS AND RECOMMENDATIONS
The existing and future wells for the potable water system must be
augmented with senior water rights so that they will not be "called out" or
shut down. The amount of augmentation is small, being 1.8 acre feet of con-
sumptive use during the irrigation season. We recommend that 0.15 cfs of the
First Priority of the Grand Tunnel Ditch be transferred to the potable water
system. So as not to increase the burden on the stream (i.e. expand the use
of water so as to injure other water users) it may be necessary to agree not
to irrigate one acre of land that has been irrigated by the Grand Tunnel Ditch.
•
Mr. Thomas L. Emmer -4-
July 27, 1978
During the non -irrigation season, the well(s) should be able to pump
under their own 1978 water rights during most years. Under adverse
conditions, such as major oil shale development, the 1978 rights could
conceivably be called out. To protect against such a call the well(s)
can be augmented with water released from a small pond on the ranch or from
reservoirs such as Ruedi. Reservoir release of winter augmentation water
need not exceed 2 acre feet per year.
The irrigation water for Rifle Creek Estates will come from a 0.2 cfs
diversion from the Grand Tunnel Ditch. Under the worst conditions you may
have to dry up a historically irrigated acre of land for each new acre
irrigated in the subdivision. As a practical matter under present river
conditions, we believe you can expand your irrigated acreage under the
Grand Tunnel Ditch and not injure other vested water rights on Rifle Creek
or the Colorado River except during severe drouth conditions such as we had
in 1977.
We recommend that the next step be the preparation of an augmentation
plan that would be submitted to the Water Court. The numbers in this letter
can be used for such an application. At your request 1 am sending a copy
of this letter to Scott Balcomb for his review. I suggest that you, Scott
and I meet next week to prepare such an application.
If you have any questions regarding this report, please don't hesitate
to call.
Very truly yours,
WRIGHT WATER ENGINEERS, INC.
By w --+-rr Z/ 4
William L. Lorah
WLL:ep
cc: Scott Balcomb
• •
RIFLE CREEK ESTATES SUBDIVISION
PROTECTIVE COVENANTS
Thomas L. Emmer and Dorothy E. Emmer, being the sole owners of
all property contained in RIFLE CREEK ESTATES SUBDIVISION as platted
and located on the land "West of State Highway 325 in the NW'4 of Section
30, R92W, T5S, and all of the land in the SE'NE 4 and the NE 4NE 4 of
Section 25, R93W, T5S, in Garfield County, Colorado", do hereby
declare that the use and development of said RIFLE CREEK ESTATES
SUBDIVISION shall be subject to the terms and conditions as herein-
after set out, to -wit:
ARTICLE I - LAND USE
That the property subject to these covenants is described as
Lots 1 thru 27, inclusive, RIFLE CREEK ESTATES SUBDIVISION shall be
used for residential purposes only with only one habital dwelling per
lot, with the only exceptions being any Community Recreational Center
constructed on Lot 18 and all the land below elevation 5,660 feet on
Lot 7.
Land designated "Park" on RIFLE CREEK ESTATES shall remain natural
except as noted in ARTICLE VI.
ARTICLE II - HOME OWNERS ASSOCIATION
A non-profit corporation, organized under the laws of the State
of Colorado, the name of which will be "RIFLE CREEK ESTATES HOME
OWNERS ASSOCIATION" will be formed. This corporation will own and/
or be responsible for any private community roads or easments, all
common utilities other than the domestic and irrigation water system,
all common recreation facilities, any and all matter pertaining to
the architecture, landscaping, beautification and welfare as covered
in these covenants or in the by-laws of the corporation.
Each, established residential lot owner(s), by whatever means,
in RIFLE CREEK ESTATES SUBDIVISION Lots 1 thru 27 or in any future
residential additions in the SE -SE' of Section 24, R93W, T5S, shall
receive one voting share in this corporation.
The stockholders of this corporation will elect a three (3)
person board of directors. At least two (2) of the three (3) directors
must be voting stockholders in the corporation. The board of dirctors
will be responsible, directly or through appointment, to carry out
the by-laws of the corporation and these covenants.
The board of directors, upon approval of a majority of the stock-
holders, may assess each stockholder a yearly fee to cover the cost
of maintenance and improvements to the property and facilities owned
by the corporation or for other special purposes as determined by a
• •
PAGE 2
majority of the stockholders. Such assessments shall become a lien
against the stock owner and the real estate to which the same is
appurtenant. Assessments not paid when due, as determined by the by-
laws of the corporation, may be collected by legal action together with
reasonable attorney's fees and cost of suit.
ARTICLE III - ARCHITECTURAL CONTROL COMMITTEE
The board of directors will appoint an ARCHITECTURAL CONTROL
COMMITTEE (ACC). The ACC shall review, study and approve or reject
proposed landscaping as covered by these covenants or by the by-laws
of the RIFLE CREEK ESTATES HOME OWNER ASSOCIATION. Approval shall not
be unreasonably withheld. Any lot owner suffering a rejection may
appeal to the board of directors or ultimatley to a majority vote of
the stockholders of the RIFLE CREEK ESTATES HOME OWNERS ASSOCIATION.
ARTICLE IV - RIFLE CREEK WATER ASSOCIATION
In order to provide for an adequate irrigation and domestic water
supply for RIFLE CREEK ESTATES and any future or existing residential,
agricultural or commercial developments, a non-profit corporation,
organized under the name of which will be RIFLE CREEK WATER ASSOCIATION
(RCWA) will be formed. The RCWA will own and be responsible for all
common, domestic and irrigation water systems and their associated
buildings, tanks and easements.
The Corporation (RCWA) will issue Domestic Water Stock shares and
Irrigation Water Stock shares. Each Domestic Water Stock share will
entitle the owner to purchase domestic water from the Corporation. Each
Irrigation Water Stock share will entitle the owner to purchase one
acre foot or more of irrigation water during the yearly irrigation
season from the Corporation. Rates for domestic water and irrigation
water shall be on a usage plus fixed fee basis. The usage shall not
exceed the cost of operation and maintenance with the fee being pro-
portionate to the stockholder's usage up to 300 gal/day/share of
domestic water and one acre foot/year/share of irrigation water. Rates
for domestic water used beyond 300 gal/day/share or irrigation water
used beyond one acre foot/year/share shall be set by the RCWA board of
directors. The fixed fee portion of the rate shall not exceed estimated
costs of replacement and depreciation and will be equally divided
among all stockholders.
The board of directors of the RCWA will determine the fees for
water usage in accordance with these covenants and the bylaws of the
RCWA. Fees will be assessed quarterly with the usage fee portion being
determined by water meter readings. Such assessments shall become a
lien against the stock owner and the real estate to which the same is
appurtanant. Assessments not paid when due, as determined by the by-
laws of the corporation, may be collected by legal action together with
reasonable attorney's fees and cost of suit. At the discretion of the
board of directors, any stockholder's refusal to pay assessments when
• •
PAGE 3
due can result in the termination of the stockholders' water supply
until such assessments and any penalties are paid in full.
Lot owners, by whatever means, in RIFLE CREEK ESTATES and future
lot owners in the SE4SE1/4 of Section 25, R93W, T5S and a common
Community Recreational Center shall receive the following shares in
the RCWA:
SHARES OF STOCK
Irrigation Domestic
RIFLE CREEK ESTATES
Lots 1-6, 8-17, 19-27 1/lot 1/lot
Lot 7 3 4
Lot 18 2 1
Community Recreation Center 1 1
SE4SE1/4, Sec. 25, R93W, T5S 15 15
A water meter for irrigation water and a water meter for domestic
water must be installed on every stockholders water lines prior to
any hookups. Such meter cost and installation cost are the responsibility
of the stockholder but to be installed by RCWA.
ARTICLE V - GENERAL RESTRICTIONS ON RESIDENTIAL LOTS
DWELLING SIZE: Each residential lot, as described in ARTICLE I,
shall have only one habitable dwelling. This dwelling shall have at
least 2,000 square feet of finished living area excluding carports,
garages, attics, unfinished basements, utility and storage area, open
porches and entrances. At least 1,600 square feet of this area shall
be above ground in all rooms on at least three (3) sides. The remaining
400 square feet shall have rooms with at least one wall at ground level
and at least one exterior access at that level.
OUTBUILDINGS: Only two (2) outbuildings, a garage and a barn will
be allowed on residential lots. Such outbuildings shall be at least
400 square feet on the ground level and consistent with the architecture
of the main dwelling. No elevated tanks, towers or structures are
allowed.
SETBACKS: No dewlling or outbuilding will be located less that
50 feet from any lot line.
EXTERIOR FINISH: The exterior finished of all dwellings and
outbuildings shall consist of natural wood, natural -colored stained or
painted wood, natural stone or earth -colored brick. Roof colors shall
be a natural tone finish. Only doors are excluded from this provision.
RESUBDIVISION: No residential lot in RIFLE CREEK ESTATES shall
ever be resubdivided with the exception of Lot 18 which may be resub-
divided for a Community Recreation Center or Lot 7 where the land below
5,660 feet elevation may be resubdivided and rezoned.
LANDSCAPING and FENCING: All landscaping and fencing shall be
reviewed by the ACC and subject to the bylaws of the RIFLE CREEK HOME
OWNERS ASSOCIATION. Wire fencing shall be allowed on rear lot lines.
EXTERIOR LIGHTING, SOUND and ACTIVITIES: Exterior lighting shall
be approved by the ACC and subject to the RIFLE CREEK HOME OWNERS
• •
PAGE 4
ASSOCIATION bylaws. No loud, offensive or disturbing sounds or disruptive
activities shall be allowed on any part of RIFLE CREEK ESTATES SUBDIVISION.
OFF-STREET PARKING: Every dwelling shall provide off-street parking
at least four automobiles excluding garages or carports.
GARBAGE DISPOSAL: Each dwelling shall be equipped with a garbage
disposalunit and a compactor for trash. No burning of trash or rubbish
shall be allowed. Garbage cans must be contained in a covered area at
all times.
SIGN: No signs except "For Sale" or "For Lease" shall be allowed.
ANIMALS: Owners and lessees of residential dwellings may have
ordinary household pets so long as such pets do not constitute any
undue annoyance to other owners. Owners and lessees may keep one horse
per acre of ground owned or leased in RIFLE CREEK ESTATES. Additional
horses may be kept on their property for short periods if such horses
have permanent pasture elsewhere. No other livestock shall be allowed.
ARTICLE VI - COMMUNITY RECREATION CENTER
A non-profit Community Recreation Center may be constructed on a
resubdivided part of Lot 18 or in the SE4SE1/4, Section 24, R93W, T5S.
The recreation center shall be owned and operated by the RIFLE CREEK
ESTATES HOME OWNERS ASSOCIATION and may consist of swimming pools,
tennis courts, and other recreational facilities and their associated
buildings. Such buildings shall be subject to these covenents with
the exception of square footage which may be determined by the RIFLE
CREEK ESTATES HOME OWNERS ASSOCIATION.
The RIFLE CREEK ESTATES HOME OWNERS ASSOCIATION may construct
recreational facilities on the land designated Park with the approval
of the owners - Garfield County.
for
ARTICLE VI - TERMINATION
The covenants, contained in this instrument shall terminate
January 1, 2010 unless extended by a majority vote of the RIFLE CREEK
HOME OWNERS ASSOCIATION.
Should any part or parts of these covenants be declared invalid
of unenfotceable by any court of competent jurisdicition, such decision
shall not affect the validity of the remaining covenants.
• 1
PACE 5
IN WITNESS WHEREOF, THOMAS L. EMMER and DOROTHY E. EMMER execute this
instrument this day of , 19
THOMAS L. EMMER
DOROTHY E. EMMER
The foregoing instrument was acknowledged before me this
day of , 19 by the above signed.
Witness my hand and official seal.
My commission expires:
NOTARY PUBLIC
Inc. • suiting Engineers • Land Surveyors
204 8th St. • Glenwood Springs, Colo. 81601 • 303-945-8664 144 West 4th St. • Rifle, Colo. 81650 • 303-625-2740
October 26,It
17
OCT 2 7 19718
Garfield County Planning Department
2014 Blake Avenue.;,L._,.:-;;,r,
Glenwood Springs, Colorado 81601
Attn: Ray Baldwin, Director
Re: Rifle Creek Estates, Preliminary Plan
Dear Ray:
In response to our meeting on October 25, we would like
to elaborate upon several items which were discussed at the
sketch plan stage with Bob Witkowski and the Planning Commis-
sion on March 13, 1978. Since these items are apparently not
on record this letter will serve as our understanding of what
took place.
Fire Protection:
Because the proposed development is rather small, the
question of an adequate water supply for fire -fighting
purposes was raised. To meet the County requirement of
a charged hydrant system, the Assistant Fire Chief, Mr.
Harry Odgers was contacted. His recommendation was to
provide a 300 gallon per minute (gpm) fire flow for a
30 minute duration at a minimum pressure of 5 psi at
the hydrant nozzle. This would amount to a storage of
9000gallons in the tank which has been included in the
design.
Domestic Water Supply:
Robert A. Wamsley
Gary S. Berschauer
Dennis O. Bradley
A daily water demand of 9500 gallons is required based
on 100 gallons per person and 3.5 persons per dwelling.
The storage tank capacity will be 20,000 gallons or
enough to provide daily domestic usage and meet the
demand for a single fire.
The distribution network will consist of a six inch
diameter PVC main with hydrants spaced at 600 feet
and a two inch supply line to handle the 35 gpm flow
from the reverse -osmosis treatment plant to the distri-
bution system.
A homeowner's association will be formed to own, operate
and maintain the water system and the designated open
space area.
LeRoy E. Tobler
Martin S. Oldford
Raymond L. Baldwin
Robert D. Scarrow — Special Consultant
7456 West 5th Ave.
Denver, Colo. 80226
303/232-6050
• •
Garfield County Planning Department Page Two
Re: Rifle Creek Estates October 26, 1978
Streets:
Mesa Drive, the only road serving the development was
proposed as a public road constructed to County specifi-
cations in the original submittal. Pros and cons of a
private road or public road were discussed at length
during the review. On July 18, a site meeting was held
with Leonard Bowlby and the owner to review grades, cut
and fill slopes and sight distances on the already
constructed portion of the road. Since the road was
constructed under the 1977 County Specifications, a variance
was requested. It was agreed that the present cross-section
was safe and would serve the County needs.
The other items regarding review fees, covenants, public utilities
and land dedication for schools will be presented by our client.
We trust that this will clear up those areas which were causing
some concern.
MSO : ke
Sincerely,
Martin4
S. Oldford, P.E.
SCARROW & WALKER / K.K.B.N.A., Inc.
J. C. Kilmer , SR/WA
Right -of -Way Agent
November 22, 1978
Stephanie L. Andreason
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, CO 81601
RE: Rifle Creek Estates
Dear Ms. Anderson,
Mountain Bell
P0. Box 2688
Grand Junction, Colorado 81501
Phone (303) 243-8011
We have reviewed the plat of Rifle Creek Estates and found that we will
require Utility Easements Twenty (20) feet in width as shown in red on
the attached plat. We will also require a Ten (10) foot easement lying
adjacent to and parallel with both sides of the right-of-way designated
for Mesa Drive, extending from Colorado State Highway 325 to and including
the cul-de-sac bound by Lot 27 on the East and Lot 16 on the West.
Due to the terrain, it would be very difficult to bury a cable along the
rear property line of the lots in Rifle Creek Estates. Therefore, it is
imperative that we be granted the Utility Easement on either side of
Mesa Drive, plus the other easements as shown in red on the attached plat.
May we suggest the following phraseology be used in the dedication of ease-
ments within said subdivision.
"And hereby dedicate to the public all the streets, avenues and roads as
shown on the accompanying plat, forever, and dedicate to the UTILITIES
those portions of real property which are labeled as utility easements
on the accompanying plat, as easements for the installation and maintenance
of utilities and drainage facilities, including, but not limited to, electric
lines, gas lines, telephone lines; together with the right to trim inter-
fering trees and brush; together with the perpetual right of ingress and
egress for installation, maintenance and replacement of such lines; said
easements and rights shall be utilized in a reasonable and prudent manner."
We believe all preliminary, as well as final plats, should show the dedication
or reference to the particular "Protective Covenants" which will run with the
property. Also, all "Private Roads" should be dedicated to the utilities for
Grand Junction, LUlorado
November 22, 1978
Page 2
the installation, maintenance and operation of gas? lights, power and
telephone lines. No easements should be dedicated to the property owner,
cities or counties exclusively; all easements should be dedicated to the
utility companies.
The above request is in accordance with C.R.S. 106-2-34 (3) (d) (viii)
and the Colorado Lane Use Commission's paragraph 5-2, Item #G-7.
We appreciate the opportunity of being able to review this plat.
Very truly yours,
C. Kilmer, SR/WA
Right -of -Way Agent
cc: Thomas L. Emmer
Scarrow & Walker / K.K.B.N.A. Inc.
Garfield County Commissioner
Bill McDaniel, Mountain Bell
Nick Marquez, Mountain Bell
Enclosure
JCK/kkl
J. C. Kilmer
Right -of -Way Agent
December 1, 1978
Stephanie L. Andreason
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, CO 81601
RE: Rifle Creek Estates
Dear Ms. Andreason:
Mountain Bell
P0. Box 2688
Grand Junction, Colorado 81501
Phone (303) 243-8011
1978
This is to advise that upon field review of the aforementioned
plat it has been determined that Mountain Bell will not require
the Ten (10) foot easement on each side of Mesa Drive as previously
requested in the letter dated November 22, 1978.
All other easements requested are to remain and will be used to
provide telephone service to Rifle Creek Estates.
Yours ver
truly,
J. C. Kilmer SR/WA
Right -of -Way Agent
JCK/kkl
cc: Thomas L. Emmer
Scarrow & Walker / K.K.B.N.A. Inc.
Garfield County Commissioner
Bill McDaniel, Mountain Bell
Nick Marquez, Mountain Bell
STATE DEPARTMENT OF HIGHWAYS
JACK KINSTLINGER
DIVISION OF HIGHWAYS
E. N. HAASE
CHIEF ENGINEER
EXECUTIVE DIRECTOR
DISTRICT 3
R. A. PROSENCE
DISTRICT ENGINEER
STATE OF COLORADO
P.O. BOX 2107-606 SO. 9TH ST. • GRAND JUNCTION, COLO. 81501 • (303) 242-2862
December 6, 1978
C„ ®EC
Garfield County Planning Commission
2014 Blake Street
Glenwood Springs, Colorado 81601
Attention: Ms. Stephanie L. Andreasen
Gentlemen:
We have reviewed the preliminary plan for the Rifle Creek Estate
and offer the following comments: x--_--�"/
The access road for the proposed subdivision should be
realigned to come in opposite of County Road 251. State
Highway 325 should be widened at the developer's expense
to provide a left turn storage lane for northbound SH 325
traffic turning west into the subdivision. This allows
SH 325 traffic heading towards Rifle Gap Reservoir to proceed
around those vehicles that are turning left.
We are asking that 20 feet of additional Right of� Way_ as
dedicated to the Division of Highways on Lots 1 anc`16 to
accommodate any future widening of State Highway 325.
All culverts within State Highway 325 right of way, placed
by the developer, are to be a minimum of 24".
Thank you for allowing us to comment on this proposal and if we can
be of additional assistance, please let us know.
Very truly yours,
1 79,78
R. A. PROSENCE
DISTRICT ENGINEER
DAVID B. CAMPBELL
DISTRICT SAFETY & TRAFFIC ENGINEER
DBC:lmw
CC: Prosence
file
STATE OF COLORADO •
Richard D. Lamm, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
Jack R. Grieb, Director
6060 Broadway
Denver, Colorado 80216 (825-1192)
DEC 3 1978
December 11, 1978
Garfield County Planning Commission
Attention: Stephanie L. Andreasen
2014 Blake Avenue
Glenwood Springs, CO. 81601
Dear Ms. Andreasen:
We received and reviewed a copy of the Preliminary Plan proposal
for the Rifle Creek Estates subdivision and have no comments on it.
Thank you for the opportunity to review this proposal.
Sincerely,
Bert Baker
Land Use Coordinator
BB:jb
cc: P. Olson
S. Ellis - Colorado Clearinghouse
T. Lines
DEPARTMENT OF NATURAL RESOURCES, Harris Sherman, Executive Director • WILDLIFE COMMISSION, Sam Caudill, Chairman
Michael Higbee, Vice Chairman • Jay K. Childress, Secretary • Jean K. Tool, Member • Vernon C. Williams, Member
Thomas Farley, Member • Roger Clark, Member • Wilbur Redden, Member
ASPEN OFFICE
P 0 BOX 6026
ASPEN COL ORADO01611
GEENWOOD SPRINGS OFFICE
P 0 BOX 1266
GL E NWOOD SPRINGS. COLORADO 01601
STEAMBOAT OFFICE
P 0 BOX 5220
01 EAMBOAT VILLAGE, COLORADO 60699
SANTO DOMINGO OFFICE
WRIGHT•MENA WATER ENGINEERS
KM 9% ANTIGUA CORRETERA DUARTE
SANTO DOMINGO, DOMINICAN REPUBLIC
GHT WATER ENGINEERS, INC.
Mr. Marty Oldford
Scarrow & Walker - KKBNA
1001 Grand Ave.
Glenwood Springs, CO 81601
Dear Marty:
ENGINEERING CONSULTANTS
2420 ALCOTT STREET
DENVER. COLORADO 00111
13031 405.6201
Glenwood Springs
Tel. 945-7755
November 10, 1978
•
RE: Rifle Creek Estates
Thomas Emmer
KENNE/H R WRIGHT
WILL IAM L LORAN
RUSSELLE DARR
F ROBERT M<GREGOR
RALPH L. TOREN
ROBERT D. TAFELSKI
Attached is a letter from Rifle's water attorney to Scott Balcomb
discussing the reasons for Rifle's protest of Emmer's water rights appli-
cations.
have had discussions with both Mr. Balcomb and Mr. Leavenworth on this
matter and see no reason why stipulation cannot be reached quickly for the
withdrawal of Rifle's protest.
It is my opinion that Mr. Emmer has quantities of water greatly in
excess of his needs for the proposed Rifle Creek Estates development.
Very truly yours,
WRIGHT WATER ENGINEERS, INC.
_,
BY LCc ,
William L. Lorah
WLL:ep
Enclosure
781-33
JOHN D. MUSICK. JR.
STEPHEN T. WILLIAMSON
ALAN E. SCHWARTZ
LOYAL E. LEAVENWORTH
JOSEPH A. COPE
SUE ELLEN HARRISON
WILLIAM T. SMITH. JR.
KEVIN L. PATRICK
MU K, WILLIAMSON, SCHWARTT
AVENWORTH & COPE, P.C.
ATTORNEYS AT LAW
75 MANHATTAN DRIVE - SUITE 1
P.O. BOX 4579
BOULDER. COLORADO 80306
TELEPHONE (303) 4993990
(COLO) 1-800 3322140
November 8, 1978
Glenwood Springs
Mr. Scott Balcomb
Delaney and Balcx b
P. O. Drawer 790
Glenwood Springs, CO 81601
Re: Case N. W-3876, W-3877, W-3878, and W-3879
near Scott:
GLENWOOD SPRINGS OFFICE
1011 GRAND AVENUE
GLENWOOD SPRINGS. CO. 81601
TELEPHONE (303) 945-8513
1 • (�(`j�.J
10 /978
NEyhN3 •l
L CO,„
This is to advise you that the City of Rifle filed Statement of
Opposition in the above referenced cases because we did not have time
to work out an adequate stipulation prior to the deadline for filing
Statements of Opposition. As I informed you on the phone, it is not
in any way our intention to prevent Mr. Il1uier's Applications fiatt being
approved provided our concerns our resolved. Fin11 our discussions,
I believe this to be possible and will move as quickly as possible to
review this matter and present an Agreement to you for your consideration.
Very fly yours,
MUSICK, WILLIAMSON, SCHWARTZ,
LEAVENWORTH & COPE, P,C,
Leavenworth
LEL1/t
cc: Stephen L. Carter, Esq.
Mr. Daniel W. Deppe
Bookcliff Soil Conservation District
Rifle, Colorado 81650
Garfield County Planning Commission
Attn: Stephanie L. Andreason
201+ Blake Avenue
Glenwood Springs, Colorado 81601
Re: Rifle Creek Estates
situated in
Sections 25 & 30, T. 5 S., R. 92, 93 W.
Dear Stephanie,
November 13, 1978
IV
V
In reviewing the Rifle Creek Estates' preliminary Plan, we feel that
it is quite comprehensive. There are a few items that need to be
included in the final plan when it is submitted.
The first is that there is no soil survey. They have drilled test
holes and classified the soils into three types, but there is not a
map showing the extent of where these soils occur.
The vegetation was stated as a general comment. We would request a
more detailed plan on revegetation of all disturbed areas.
The road profile map shows most road -cut slopes as being 1:1.5. We
feel that these slopes are too steep without being supported by agronomy
blankets or gabians. The Pinyon Juniper Range Site, which the road
crosses, is a very sensitive vegetation area. The plan stated the
ground was relatively bare, which is indicative of this area. We feel
that in an area this critical, species of grasses should be named in a
revegetation plan. The Soil Conservation Service is available in
assisting in such a plan.
We also recommend that an on-site soils investigation be performed
for each individual dwelling and septic tank system.
Sincerely,
Bookcliff Soil Conservation District
RICHARD D. LAMM
GOVERNOR
COLORADO GEOLOGICAL SURVEY
DEPARTMENT OF NATURAL RESOURCES
715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET
DENVER, COLORADO 80203 PHONE (303) 839-2611
November 14, 1978
Garfield County Planning Commission
Attn. Ms. Stephanie Andreasen
2014 Blake Avenue
Glenwood Springs, CO 81601
Dear Ms. Andreasen: RE: RIFLE CREEK
ESTATES
We have reviewed the preliminary plat and supporting documents for the
proposed Rifle Creek Estates Subdivision. The General and Engineering
Geology and Soils Report by Lincoln DeVore (Job No. GS -764, August 11,
1978) provides an excellent description and evaluation of those geologic
conditions that will affect the development of this property. Therefore,
if the recommendations in this Report are followed, we feel that this
property can be developed as proposed.
JNP/vt
cc: Land Use Commission
Sincerely,
!James N. Price
Engineering Geologist
GEOLOGY
STORY OF THE PAST . . . KEY TO THE FUTURE
JOHN W. ROLD
Director
RICHARD D. LAMM
Governor
DIVISION OF WATER RESOURCES
Department of Natural Resources
1313 Sherman Street - Room 818
Deriver, Colorado 80203
Administration (303) 839-3581
Ground Water (303) 839-3587
November 15, 1978
Ms. Stephanie L. Andreasen
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, CO 81601
Re: Rifle Creek Estates
Dear Ms. Andreasen:
C.J. KUIPER
State Engineer
This is to acknowledge receipt of preliminary plan material for the
above referenced subdivision. The developer proposes to supply water to
each of the 27 lots from an existing, unregistered tributary well. This well
had not been adjudicated previously; however, the developer has applied
for adjudication in the Division 5 Water Court in Case No. W-3876 which
is part of a proposed plan for augmentation for this development. In addition,
irrigation water is to be supplied from rights on Rifle Creek by way of the
Grand Tunnel Ditch.
Prior to use of the well or ditch rights to serve this development, the
plan for augmentation which involves changes in use, change in point of
diversion and application for water rights (Cases No. W-3876, W-3877, W-3878
and W-3879) must be approved by the Water Court. We must point out that a
statement of opposition has been filed by the City of Rifle and could affect the
outcome of these applications.
Due to this, we cannot recommend approval of the Rifle Creek Estates
until final decrees are obtained from the Water Court. We would be most happy
to reconsider this proposal and comment on the water supply should final
decrees be issued.
JAD/GDV:mvf
cc: Lee Enewold, Div. Eng.
Ralph Staliman
Land Use Comm.
Very truly yours,
D\. Jeris A. Danielson
Deputy State Engineer
Aoor COLADO
STATE
FOREST
SERVICE
9
C.4 rn
FOREST SERVICE
COLORADO STATE UNIVERSITY
Stephanie L. Andreasen
Garfield County Planning Dept.
2014 Blake Avenue
Glenwood Springs, Colorado 81601
RE: Rifle Creek Estates
Dear Ms. Andreasen,
Petroleum Building
1129 Colorado Avenue, Rooms 217 & 218
Grand Junction, Colorado 81501
Telephone 303 / 242-7518
NOV 1
1978
November 9, 1978
The site of the proposed subdivision above was visited November 6, 1978. Three
problems relative to wildfire hazard are evident:
First of all, the proposed road design shows an all-weather roadbed of only 26
feet in width. This 26 foot width is two feet less than the county's minimum
published in their subdivision regulations (1972 is my most recent copy) and a
full eight feet less than the minimum width in Wildfire Hazards: Guidelines For
Their Prevention In Subdivisions and Developments. Approval of such a reduced
road width would severely inhibit ingress -egress of emergency equipment and re-
sidents in the event of a fire.
The road access problem is further compounded by the lack of two or more dedicated
access roads for separate, multiple ingress -egress.
Light flashy fuels in the form of grasses and small shrubs predominate over the
development site. It would be wise for homeowners to maintain a fuelbreak around
their homes and outbuildings. Such a fuelbreak could take the form of an irrigated
lawn around the house.
Thank you for the opportunity to review this proposal.
Sincerely,
John Denison
District Forester
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