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HomeMy WebLinkAbout1.0 Application1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FINAL PLAN SUBMISSION FOR THE SUBDIVISION RIFLE CREEK ESTATES, FILING 2 GARFIELD COUNTY, COLORADO Submitted by: Fowler, Marais, LLC 1540 17 Road Loma, CO 81524 Tel. (970) 858-3968 RECEIVED AUG 1 6 1999 FINAL PLAN SUBMISSION FOR THE SUBDIVISION RIFLE CREEK ESTATES , FILING 2 GARFIELD COUNTY, COLORADO Submitted by: Fowler, Marais, LLC 1540 17 Road Loma, CO 81524 Tel. (970) 858-3968 SUBDIVISION NAME: Sketch Flan Preliminary Plan Final Plat x SUBDIVISION APPLICATION FORM Rj1-L7LE (/ EE/L es774-TE.S. F -/L -/N4 Z OWNER: FoLL.tI) M►4,efws ) LLL ENGINEER/PLANNER/SURVEYOR: /i'rk/ti/s rf}SSoc/4-TES/FoLVLE2 M4,e,WS/Aff Su+e'Eyy LOCATION: Section 2L- Township 55 Range R 93 w WATER SOURCE: RJFLE C,QEE/e_ /-fOwlEOw?/E2s /hSoch4r/OAJ - CmmP.r We,// -* / TSDS SEWAGE DISPOSAL METHOD: PUBLIC ACCESS VIA: /14E.S .Q2 /!JE EXISTING ZONING: A/R/RA EASEMENTS: Utility h/ATEiL , Ow E2. C�i4S T Lc Plfc/vE Ditch TOTAL DEVELOPMENT AREA: (1) Residential Single Famiy Duplex Multi -family Mobile Home Number 7 Acres (2) Commercial Floor Area Acres sq.ft. (3) Industrial sq.ft. (4) Public/Quasi-Public (5) Open Space/Common Area TOTAL: PARKING SPACES: Residential Commercial Industrial /.�3 c7 RIFLE CREEK ESTATES, FILING 2 Garfield County Subdivision Regulations Adopted and Enacted April 23, 1984 Introduction The developer, Fowler, Marais, LLC (F&M), a limited liability company, submits this final plan for consideration and approval. 5:00 FINAL PLAT 5:20 Final Plat Requirements 5:21 to 5:23: See Final Plat 5:24 A Name and address of owner of property (surface and mineral): Fowler, Marais, LLC, 1540 17 Rd., Loma, CO 81524. There are no mineral lessees, mortgages or liens of anv kind. 5:24 B thrcich J See Final Plat 5:30 Supplemental Information 5:31 A Engineering Plans attached. Descriptions and cost estimates for improvements, see Subdivision Improvements Agreement and its Exhibits A and B. Letter of Credit submitted -Th. rr `y 5:31 B Subdivision Improvements Agreement: Attached. 5:31 C County Treasurer's Certificate concerning as valorem taxes: Submitted separately. 5:31 D Subdivision Covenants: Attached. 5:31 E All services comply with state and local laws and regulations, and shall be available to all lots. engineering plans. &,QQ— ��.�����I- (A 5:31 F Site location approval from Colorado Dept(of ... ,t ^able. 5:31 Evidence __,ence of adequate legal water Supp! _ . See attached ate,- court decrees. 7 5:31 School fees: Check in the amount of $1,400.00 attached. Fire District impact fee: Not applicable. 5:31 J Management plan for sewage disposal systems: Attached. Subdivision Improvements Agreement SUBDIVISION IMPROVEMENTS AGREEMENT Rifle Creek Estates, Filing 2 This Agreement is made and entered into by and between the Board of County Commissioners of Garfield County, State of Colorado (the "County") and Fowler, Marais, LLC (the "Owner"). Introduction A. Owner is the owner and developer of certain real property located in Garfield County, Colorado, known as Rifle Creek Estates, Filing 2 (the "Property'), which real property is also known as Township 5. Range 93, West of the 6th P M. SE 1/4 Se1/4 of Section 24. B. Preliminary Plat approval for Rifle Creek Estates, Filing 2 was obtained under the terms and conditions set forth in County Resolution No. C. Owner has submitted to the County for its approval, final documents and a Final Plat for Rifle Creek Estates Filing 2 (the "final plat documents"), and has agreed to complete certain subdivision improvements with respect to the development, all as more particularly set out hereafter. This Agreement constitutes the Subdivision Improvements Agreement (the "SIA") required and intended to secure the faithful construction and installation of the subdivision improvements required as a condition to Final Plat approval. Agreement The Parties, for and in consideration of the premises and the following mutual covenants and agreements, agree as follows: Final plat approval: The County hereby accepts and approves the Final Plat of Rifle Creek Estates, Filing 2, subject to the terms and conditions of this Agreement, as well as the terms and conditions of the Preliminary Plat approval and the requirements of the Garfield County Zoning, and Subdivision Reuulations. �. Owner's performance: Owner has constructed or shall cause to be constructed and installed at its own expense, those subdivision improvements related to Rifle Creek Estates, Filing 2, \vhich are required to be constructed by Resolution this Agreement, the Final Plat, Garfield County Zoning and Subdivision Regulations and the Improvements Agreement entered into between the Owner and the Rifle Creek Estates Homeowners Association (Exhibit A). The estimated cost of completion of the subdivision improvements related to the Property is as set out and certified by a licenses engineer on Exhibit B. Such improvements shall be completed by December 30, 1999, (the "completion date") provided that the weather allows for chip and seal coating on the road. The Owner shall comply with: a. The final plat documents submitted prior to or at the time of final plat approval. (Such documents are incorporated herein by reference and made a part of this Agreement), All requirements of Resolution No. , and all requirements of the Garfield County Zoning Code and Garfield County Subdivision Regulations, as they relate to Rifle Creek Estates, Filing 2. c. All laws, regulations, orders, and resolutions of Garfield County and affected special districts, as the same apply to Rifle Creek Estates, Filing 2. d. All designs, maps, specifications, sketches and other materials submitted to and approved by any of the above -stated governmental entities; and e. The improvements to be constructed by Owner shall include, but are not limited to, the following: i. Construction of the Mesa Drive extension as indicated on the Final Plat and engineering drawings submitted; ii. Construction of the water distribution system as indicated on the Final Plat, engineering drawings submitted and the Agreement between Owner and the Rifle Creek Estates Homeowners Association (Exhibit A); iii. Extension of electrical and gas service to the seven lots of the Property as indicated on the Final Plat and engineering, drawings submitted; iv. Extension of the telephone service as indicated on the Final Plat and engineering drawings submitted; The County agrees that if all improvements are installed in accordance with the foregoing provisions of this paragraph and the as -built drawings to be submitted upon completion of the improvements, then Owner shall be deemed to have satisfied all of the terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado. 3. Security for Improvements a. Letter of credit: On or before the date of recording of the Final Plat for Rifle Creek Estates, Filing 2, with the Garfield County Clerk and Recorder, the Owner shall deliver a Letter of Credit in a form acceptable to the County in the amount of one hundred twenty two thousand three hundred sixty six dollars ($122,366.00 ), which is the estimated cost of completion of the subdivision improvements related to the Property as set forth and certified by a licensed engineer on Exhibit B (attached.) The Letter of Credit required by this agreement shall be issued by a state or national banking institution acceptable to the County. The Letter of Credit must be valid for a minimum of six (6) months beyond the completion date. If the time set forth herein for completion of the improvements is extended by written agreement between the Owner and the County, the Letter of Credit shall similarly be extended. Additionally, should the Letter of Credit become void or unenforceable for any reason, or should the costs of Completion exceed the estimate, Owner shall nevertheless remain personally responsible for the completion of the subdivision improvements and shall promptly provide a replacement Letter of Credit from another state or national banking institution or otherwise provide alternative security acceptable to the County. b. Partial releases of Letter of Credit: The County shall release portions of the Letter of Credit as portions of the subdivision improvements are completed to the satisfaction of the County. Certification of completion of improvements adequate to authorize the release of the security must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall certify that the improvements have been constructed in accordance with the requirements of this agreement, including all final plat documents, and shall be stamped upon as -built drawings by said professional engineer where applicable. Owner may also request release for a portion of the security upon proof (i) that the Owner has a valid contract with a public utility company regulated by the Colorado PUC that obliges such utility company to install certain utility lines; and (ii) that Owner has paid to such utility company the cost of installation of such utilities required to be paid by Owner under such a contract. Where the security is held to cover the purchase of a specific item such as a water tank, the Owner may similarly request partial release of security by certifying that the item has been delivered and by submitting a bill for payment from the provider of such an item. Upon submission of a certificate of completion of improvements by the 3 Owner, the County may inspect and review the improvements certified as complete. to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Owner within 15 days specifving which improvements are potentially deficient. If no letter of potential deficiency is furnished within said 15 day period, all improvements certified as complete shall be deemed accepted and the County shall release the appropriate amount of security as it relates to the improvements which are certified as complete. If a letter of potential deficiencies is issued which identifies a portion of the certified improvements as potentially deficient. then all improvements not so identified in the letter of potential deficiencies shall be deemed accepted and the County shall release the appropriate amount of security as such relates to the certified improvements that are not identified as potentially deficient in the letter. With respect to any improvements certified as complete by the Owner that are identified as potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County shall have thirty (30) days form the date of the letter of potential deficiencies to complete its investigation and provide written confirmation of the deficiency to the Owner. If upon further investigation the County finds that the improvements are acceptable, then appropriate security shall be released to the Owner within ten (10) days after completion of such investigation. In the event the improvements are not accepted by the County, the Board of Commissioners shall make a written finding prior to requesting payment form the Letter of Credit. Additionally, the County shall provide the Owner a reasonable period of time to cure any deficiencies prior to requesting payment from the Letter of Credit. c. Substitution of Letter of Credit: The County may, at its sole option, permit the Owner to substitute collateral other than a Letter of Credit acceptable to the County for the purpose of securing the completion of the improvements required in terms of this Agreement. d. Recording of Final Plat: No Final Plat shall be recorded pursuant to this Agreement until the Letter of Credit described in this Agreement has been received and approved by the County. Indemnity: To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Owner's installation of the improvements required pursuant to this Agreement. However, the Owner does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted. The County shall be required to notify the Owner of receipt of a notice of claim, or a notice of intent to sue, and shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the County's rights under this paragraph. Nothing herein stated shall be interpreted to require Owner to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 5. Sale of lots: No lots within the proposed subdivision that is the subject of this Agreement shall be conveyed prior to the recording of the Final Plat. 6. Enforcement: In addition to any rights which may be provided by Colorado statute, it is mutually agreed that the County or any purchaser of a lot within the subdivision shall have the authority to bring an action in the District Court of Garfield County , Colorado, to compel enforcement of this Agreement. 7 Binding effect: This Agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. 8. Recording: Upon execution and authorization by the County, the Owner shall record this Agreement with the Office of the Clerk and Recorder for Garfield County, Colorado. Venue and jurisdiction: Venue and jurisdiction for any cause arising out of or related to this Agreement shall lie in the District Court for Garfield County, Colorado, and be construed pursuant to the laws of the State of Colorado. 10. Amendment: The parties hereto agree that this Agreement may be amended from time to time, provided that such an amendment is in writing and signed by the parties. 11. Notice: All notices required herein shall be tendered by personal service or certified mail upon the following individuals or agents of the parties to this Agreement. Board of County Commissioners of Garfield County C/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Carlyle Fowler 1540 17 Road Loma, CO 81524 With copy to: Andrew Marais P.O. Box 3687 Grand Junction, CO 81502 Dated this day of August, 1999. Fowler, Marais, LLC Board of County Commissioners Garfield County, Colorado By: Carlyle Yowler, Manager Chairman Attest: Clerk to the Board 6 AGREEMENT FOWLER, MARAIS, LLC AND RIFLE CREEK HOMEOWNERS ASSOCIATION CONCERNING IMPROVEMENTS INTRODUCTION: EXHIBIT A 1. Fowler, Marais, LLC (F&M) is planning to develop 7 lots north of the existing Rifle Creek Estates. The owners of these lots will become members of the Rifle Creek Homeowners Association (RCHA). 2. In the event that F&M obtains the permission of the Garfield County Commissioners for this proposed subdivision, and in the event that the Commissioners' approval makes for an economically viable development in F&M's opinion, F&M is proposing to the RCHA the following regarding improvements to the water system, the maintenance of the Mesa Drive extension, and additional Covenants: WATER SYSTEM: 3. The water system will be expanded by adding new tanks with a joint capacity of 50,000 gal for potable water. F&M will be responsible for purchasing the new potable water tanks and installing them to the satisfaction of the RCHA and its engineer. The tanks will be installed in such a manner that flow through the tanks will be enhanced, limiting bacterial regrowth, while at the same time facilitating maintenance on the tanks when that should become necessary. Filing 2 owners shall have the same rights and obligations with respect to potable water as RCHA members. 4. The two existing storage tanks will be converted to irrigation use at the expense of F&M. Filing 2 owners (who will be full members of the RCHA) will enjoy access to these tanks for purposes of irrigation on the same basis as current RCHA members as set out in the agreement between Powers and RCHA dated June 18, 1987 (recorded in Book 728, Page 273). 5. The water treatment facility will be improved in the following manner: F&M will add one additional membrane and one additional pump to feed this membrane including the cost of installation. In the event that the RCHA should decide to replace the reverse osmosis filtration system with a different system before the additional membrane and pump are added, F&M will, instead of the membrane and pump, contribute to that new system an amount not exceeding the cost of the membrane, and pump installation as set cut above in this paragraph. F&M will contribute a larger chlorine contact tank. F&M will also contribute half of the expense of automating the system for monitoring the levels of the water in the water tanks. F&M's contribution for automation will, however, not exceed $7,000.00. 1 1 6. Improvements as set out in paragraphs 3 to 5 shall be completed as a priority matter. The improvements referred to in paragraphs 3 to 5 shall be done on a cash basis and shall not be encumbered in any way. Upon completion of these improvements and as soon as the RCHA and its engineer have approved them, they shall be transferred to th RCHA and such transfer shall be recorded. The underlying water shares which support Filing 2 members' access to the potable and irrigation water, shall similarly be transferred to the RCHA at that same time. F&M shall be responsible for the drafting of all the necessary documents associated with recording this agreement and also with amending and recording any articles of incorporation and/ or bylaws that need to be amended/ recorded as direct result of the inclusion of Filing 2 into the RCHA. F&M shall pay any associated recording and filing fees. 7. F&M shall, at its expense, expand the potable and irrigation waterlines to service the additional seven lots in Filing 2. F&M shall also install one mini -fire station such as those already in service in Filing 1. F&M shall provide the fire hydrant/s required for Filing 2 by the Fire Marshall. MAINTENANCE OF MESA DRIVE EXTENSION 1 1 1 8. The extension of Mesa Drive shall be dedicated to the County. The RCHA shall not assume responsibility for the maintenance of the extension of Mesa Drive. The RCHA shall establish a sub -committee o Filing 2 owners who shall be responsible for collecting an annual levy of $120.00 per lot from Filing 2 owners. The sub -committee shal have the right to adjust the levy as circumstances require and to expend the monies in the account as necessary. All future maintenance of Mesa Drive's extension shall be paid for from the funds collected and maintained by the sub -committee exclusively for that purpose. It is the clear intention that no Filing 1 owner shal ever be asked to contribute to the maintenance of the extension of Mesa Drive. Non-payment of this levy by a Filing 2 owner shall be subject to the same penalties that govern non-payment of the water assessment. ADDENDUM TO COVENANTS GOVERNING FILING 2 OWNERS 11 9. Filing 2 owners shall be assessed a levy for the maintenance of the extension of Mesa Drive. Filing 2 owners shall be solely responsible for the maintenance of the Mesa Drive extension. 10. One Dog will be allowed for each residential unit within the subdivision (Filing 2) and the dog shall be required to be confined II within the owners' property boundaries. 11. No open hearth solid fireplaces will be allowed anywhere within an exemption. One new solid fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 2 1 1 12. In addition to the exterior lighting requirements contained in the Rifle Creek Estates Covenants, all exterior lighting in Filing 2 will be the minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 13. In the future event that Filing 2 owners' property has the reasonable ability to connect with any municipal or central sewer system, the subject property owners shall be required to connect to said system and remove any existing individual sewage disposal systems which may be located on said property, within one year of the effective date of service availability. 14. Control of noxious weeds is the responsibility of the property owner. 15. Garfield County has a Right -to -farm -and -ranch regulation, which recognizes the important contribution agriculture makes to this County. Nuisance complaints made against customary and legal agricultural operations and practices will not be pursued. This Agreement entered into on this / day of /�c,-/ 1999. For Rifle Creek Homeowners Association: President, fle Creek Homeowners Association Board For Fowler, Marais, LLC Carlyle Fowler Manager; Fowler, Marais, LLC 3 EXHIBIT B SUBDIVISION IMPROVEMENTS AGREEMENT Cost Estimates This document provides an estimate of the cost of completion of the subdivision improvements for the subdivision Rifle Creek Estates, Filing 2 as required in the Subdivision Improvements Agreement (SIA), the Final Plat, the engineering drawings submitted with the Final Plat and an agreement between Fowler, Marais, LLC and the Rifle Creek Homeowners Association attached to the SIA as Exhibit A: Utilities 15,000.00 (Oral estimate: Paul Jiacoletti, Public Service (970) 625-6019) Phone Service 500.00 (Oral estimate: Bob Sharp, US -West (970) 244-4973) Road 47,800.00 (Attachment: Dave Jensen, United Companies (970) 243-4900) Surveying 4,000.00 (Oral estimate: Mike Drissel, DH Surveys (970) 245-8749) Engineering 1,000.00 (Atkins & Associates (970) 245-6630) 21,145.00 Water lines and hookups (Attachment: Travis Jordan (970) 858-3720) Water plant: Three tanks ($6,585 each) (Attachment: Paula Cowser, Double T (316) 593-4357) Membrane Pump Contact tank Automation (Figures provided by Rifle Creek Homeowners Association) TOTAL 18,621.00 5,000.00 1,800.00 500.00 7,000.00 122,366.00 1 It is my opinion that the subdivision improvements can be constructed and installed for an amou t of one hundred twenty two thousand three hundred sixty six dollars ($122,366.00). /•, Pip A l • • .chid;=. $ii12291 c.• .1; fP„• 9 VP• is.:(), Date �''••�•'..�U 0, SEAL 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 UNITED COMPANIES II FINAL BID REPORT RIFLE CREEK ESTATES FILING 2 ' JOB NUMBER : 8803, ESTIMATOR : DAVE ITEM # DESCRIPTION 15:15:24 20 Jul 1999' OUANTITY U.M. UHIT PRICE AMOUNT dB 20100 120300 ' 30600 I304C2 304C6 !, 407PC 140971 II62600 Ttil 980 1 DUMP BLADE 1 LAB CHIP.ALTS 1 1 1 1 1 1 1 1 1 1 BASE BID: E.BORK THRU CHIPSEAL CLEAR AND GRUB UNCLASSIFIED EXCAVATION & EMBA RECONDITION-SUBGRADE & BASES CLASS 2: 4' ROAD BASE CLASS 6: 3/4' ROAD BASE FRIME COAT SEAL COAT W/COAT TYPE 1 MOBILIZATION TIME AHD MIL PRICING 980 LOADER TANDEM AXLE DUMP TRUCK MOTOR GRADER LABORER CHIP SEAL ALTERNATE BIDS 1.00 LS 1.00 LS 4182.00 CY 2372.00 SY 1125.00 TON 527.00 TON 572.00 GAL 1905.00 SY 1.00 LS 1.00 LS 1.00 HR 1.00 HR 1.00 HR 1.00 HR 1.00 LS 47800.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 95.000 55.000 75.000 28.000 0.000 47.800.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 95.00 55.00 75.00 28.00 0.00 Proposal TRAVIS JORDAN TRENCHING 1207 18 Road FRUITA, COLORADO 81521 (970) 858-3720 Page No. of Pages , PROPOSAL SUBMITTED TC PHONE DATE 2 - t..G—� 7- /2- S STREET JOB NAME 5-4•6 - /7 f: CITY. STATE and ZIP CODE JOB LOCATION ARCHITECT 1 DATE OF PLANS JOB PHONE /Aft Prapnor hereby to furnish materiel and labor — complete in accordance with soecdlcations below. for the sum of: ,�S�t.L / JA7, � �% ctr—f� �r/ Payment t oe mice as nota: dollars ($ b G.r" /S All material is qu.ranIN0 IO 00 a. .p.C1h10 All w0rk IO 00 Completed in a workmanlike manner aCCOrding 10 atandar0 practices. Any ■lteratlon or oev..hon from .DeCnuCappns below involving extra costs will be exeCuteo Only u000 carmen orders. and will become an salt• 001rge Over Inc above ms estimateagreementlit contingent upon .1110.tt. accldenil or delays 0ev000 our control. Owner 10 Carry lire tornado and Diner necessary insurance. Our workers are luny COvare0 by Worker. Compensation insurance AulhOr2ed Signature 7iLl11.4.! Note Thia 0,000111 may be wnnOrawn Dy us 1 not accepters wnnm 14 days. We hereby lulling 100W6cIttona Inc eatlmat.. 10r'. Geo.- 4 /CC el �_ 4/1 / — ,tAA k.C6Q 7_0.6 .6-2- 2-6 6o 26o,'— C , o /57°2 Feller* to pay according to tonna herewith will subject buyer to cost of collection Including reasonable attorneys fees. ,C1rrr iunrp of proposal —The soave onces. soecdlcatlons aha conmtlons are Satustactory aha are nereov acceorea. You are autnonzea to ao the Signature worn as soecmea. Payment win be maae as outlined aoove Rrv_�. /)�) 1 Date of Acceotance. S,gnature. be 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Page No. of Pees Proposal TRAVIS JORDAN TRENCHING 1207 18 Road FRUITA, COLORADO 81521 (970) 858-3720 PROPOSAL SUBMITTED TO STREET lc—C° /? : 'F CITY. STATE and ZIP CODE PHONE DATE — —9p ; JOB NAME C°,taeJc JOB LOCATION ARCHITECT DATE OF PLANS JOB PHONE / L Prapast hefeoy to furnish material and labor — complete In accor0&noe with specalcabons below, for the sum Of. dollars (S Te6� Paymem 10 to made as fellows. i / / ? D All material 1e guaranteed to be 11 specitiad All work to Da ComDlata0 In • workmanlike mannan .CCOr0ing 10 standard practices Any &iteration Or devlatlon from 10aCrtiCanOn1 below involving extra cora will De executed only upon written orders and wet become In more emerge Over and a0Ove the estimate All agreements Contingent upon &Iriksa. 1000.01* or delays beyond our control. Owner to carry fin. tornado and otner necsaslry mWranCs. Our worker) ar& fully covered by 0Orkara Compensation In&urancs. Auth0rii0d Signature / Note This proposal may 0e / withdrawn by us it not •CCIOtSO witmn days. We hermoy aubmt specifications and esumetes for /_ 1 — i t.c "Q a h Failure to pay according to terms nerswlth will subbect buyer to cost of collection Including reaseeable attornsya toes. Arorpfaurr of Proposal — aoove prices. soeclficauons aro conditions are satisfactory aro are nereov accepted. You are autnonzed to 0o me S.gnature: work as soecrhed. Payment will be made as outuned above. Rev. Dale of Acceotance: Signature: j AMOUNT- 3 MOUNT FROM QUOTATION ) DOUBLE T IND INC P.O. BOX 401 ROLLA, KS 67954 316-593-4357 FAX 316-593-4881 J TO ANDREW MORIAN FAX 970-858-3968 ( VSE ARE PLEASED TO QUOTE ON YOUR INQUIRY AS FOLLOWS: INQUIRY NO DATE .TTTTv 1 F . 1_9_99 TERMS 1 25% 10 nAvc NFT DELIVERY 3 TC 4 WEEKS PRICES QUOTED ARE FO.B.: RIFLE, CO AREA 1 QUANTITY DESCRIPTION PRICE 3 400 BBL. TANKS 12' DIA. X 20' TALL FOR WATER. INTERNALLY COATED FOR POTABLE WATER FOR HUMAN CONSUPTION. DELIVERED TO RIFLE, CO. AREA. TOTAL ANDREW, PLEASE SEND CREDIT REFERENCES SO I CAN GET YOU SET UP. THANKS! 6207.00 18621.00 QUOTED BY: Cs. i TRPS $ FORM 3448 UTHO IN U.S.A. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5:31 B Covenants ADDENDUM TO THE PROTECTIVE COVENANTS FOR RIFLE CREEK ESTATES SUBDIVISION LOCATED IN GARFIELD COUNTY, COLORADO Fowler, Marais, LLC, a limited liability company registered in the state of Colorado, being the sole owner of all the property known as Rifle Creek Estates Filing 2, lots 1 to 7 as subdivided and platted according to a final map comprising of two sheets and filed for record in the Office of the Garfield County Clerk and Recorder along with these covenants, desiring to protect property values and specifically lots 1 to 7 of Rifle Creek Estates Filing 2, hereby adopt the following use, building and development restrictions each one of which shall be applicable to, and shall run with each of the lots 1 to 7 of Rifle Creek Estates Filing 2. The existing 27 lot subdivision known as Rifle Creek Estates shall hereafter be referred to as "Filing 1" and lots 1 to 7 of Rifle Creek Estates Filing 2 shall hereafter be referred to as "Filing 2". There shall be no separate governing body for Filing 2. Instead, Filing 2 owners shall become members of the governing body in place for Filing 1, namely the Rifle Creek Homeowners Association. The protective covenants intended to apply to, and run with the title of the lots in Filing 2 are as follows: 1. Existing covenants. A11 of the covenants and restrictions that apply to Filing 1, as amended since their adoption, shall apply to Filing 2 unless modified in these covenants. Pursuant to an agreement between Fowler, Marais, LLC and the Rifle Creek Homeowners Association dated April 1, 1999, Fowler, Marais, LLC and all subsequent owners of Filing 2 lots shall be full members of the existing Rifle Creek Estates Homeowners Association (with all of the privileges and obligations of full and unrestricted "first class" membership) and shall be governed and bound by Filing 1 Covenants as well as the Bylaws governing the operations of the Rifle Creek Homeowners Association. Filing 1 covenants are recorded in book 544 page 373 on record at the Garfield County Clerk and Recorder's office. 2. Maintenance of Mesa Drive Extension. The extension of Mesa Drive beyond the Filing 1 boundary and into Filing 2 shall be dedicated to the County. The Rifle Creek Homeowners Association as a body shall not assume responsibility for the maintenance of the extension of Mesa Drive. The maintenance and upkeep of the Mesa Drive extension shall be the exclusive obligation of Filing 2 owners. The Rifle Creek Homeowners Association shall establish a sub- committee comprising of Filing 2 owners who shall be responsible for 1 setting up an account for road maintenance and collecting an annual levy of $120.00 per lot from Filing 2 owners. The sub -committee shall have the right to adjust the levy as circumstances require and to expend the monies in the account as they deem necessary. All future maintenance of Mesa Drive's extension shall be paid for from the funds collected and maintained by the sub -committee exclusively for that purpose. It is the clear intention that no Filing 1 owner shall ever be asked to contribute to the maintenance of the extension of Mesa Drive. Non-payment of this levy by a Filing 2 owner shall be subject to the same penalties that govern non-payment of the water assessment. 3. DoQs. One dog will be allowed for each residential unit within Filing 2 and the dog shall be required to be confined within the owners' property boundaries. For other animals, see Filing 1 Covenants. 4. Fireplaces. No open hearth solid fireplaces will be allowed anywhere in Filing 2. One new solid fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 5. Lighting. In addition to the exterior lighting requirements contained in the Rifle Creek Estates Covenants, all exterior lighting in Filing 2 will be the minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 6. Sewer. In the future event that Filing 2 owners' property has the reasonable ability to connect with any municipal or central sewer system, the subject property owners shall be required to connect to said system and remove any existing individual sewage disposal systems which may be located on said property, within one year of the effective date of service availability. 7. Weed control. Control of noxious weeds is the responsibility of each property owner in Filing 2, with respect to his or her own property. 8. Farming operations. Garfield County has a Right -to -farm -and - ranch regulation, which recognizes the important contribution agriculture makes to this County. Nuisance complaints made against customary and legal agricultural operations and practices will not be pursued by owners in Filing 2. 9. Driveways. In designing driveways to individual homes in Filing 2, consideration should be given to the weight of emergency apparatus (fire trucks, etc) and accessibility during adverse weather conditions. 2 10. Address posting. Each Filing 2 owner shall post an address where it is readily identifiable by emergency responders. Where a residence is set back from the street, the address shall be posted where the driveway accesses Mesa Drive. Address lettering shall be at least 4 inches high and 1-.1 inch wide and shall contrast with background colors. 11. Defensible space. Vegetation shall be removed from near any structures on the properties in Filing 2 to provide a safe zone in the event of a wildfire. 12. Septic disposal systems. A percolation test shall be undertaken for each lot in Filing 2 prior to the construction of an individual septic disposal system. �`_� 13. Construction practices. Detrimental construction practices such as the removal of vegetation shall be avoided. See the Lincoln DeVore Report dated 5/21/81 (attached), for other construction recommendations. The duration of these covenants, their enforcement and severability are the same as for those in place for Filing 1. DATED THIS L DAY OF Ireltg, , 1999 CAR�FOWLER, MANAGER FOR: FOWLER, MARAIS, LLC 3 STATE OF COLORADO SS. COUNTY OF MESA The foregoing instrument was acknowledged before me this 9 day of40-4-4.11 c , 1999 by Carlyle Fowler in his capacity as Manager of and on behalf of Fowler, Marais, LLC. My commission expires 9—//- Notary —/l- Notary Publ SEAL 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5:31 C Water court decrees. mashampostiaiimirmerareasinswii 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 As* Avis IN TUE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application IN THE MATTER OF THE APPLICATION ) FOR WATER RIGIHTS OF THOMAS L. IN THE COLORADO RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: RIFLE CREEK IN GARFIELD COUNTY EI -IME R ) RULING ) No. W-3879 FILED IN WATER COURT Division Nu. 5 HAI1Ei1980 STATE OF COLORADC WATER CLCI OF REFEREE uY DEPUTY .\ The above entitled application was filed on August 31, 1978, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 6th day of September, 1978, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. The of Opposition has been effectively withdrawn as a result Stipulation and Agreement filed by the applicant and the and the Referee has made no determination concerning the of Opposition. Statement of a objector Statement 2. The application is for approval of a Plan for Augmentation and change of water rights involving Emmer We o. mme 2, Emmer Reservoir No. 1, and the Grand Tunnel Ditch. 3. The name of the claimant and address is Thomas L. Emmer; 1046 State Highway 325; Rifle, Colorado. 4. The source of the water for all of the structures is Rifle Creek, tributary to the Colorado River. 5. (a) The point of diversion of the Grand Tunnell,Ditch, as decreed, is located on the West bank of Rifle Creek about five miles above the mouth. (b) Emmer Well No. 1 is located in the SW; NWS of Section 30, T. 5 S., R. 92 W. of the 6th P.M. at a point whence the Northwest Corner of said Section 30 bears N. 19°49' W. 2,125 feet. (c) Emmer Well No. 2 is located in the NE4 NW; of Section 30, T. 5 S., R. 92 W. of the 6th P.M. at a point whence the Northwest Corner of said Section 30 bears N. 52°00' W. 1,900 feet. (d) Emmer Reservoir No. 1 is located in the SE; NW: of Section 30, T. 5 S., R. 92 W. of the 6th P.M; the right abutment of the embankment is located at a point whence the Northwest Corner of said Section 30 bears N. 42°30' W. 2,440 feet. 6. (a) On Clay 11, 1889, in Civil Action No. 103, the Garfield County District Court awarded to the Grand Tunnel Ditch, Structure No. 2, Priority No. 2 for 2.0 cubic feet of water per second of time, Priority No. 24 for 2.0 cubic feet of water per second of time, Priority No. 40 for 4.0 cubic feet of water per second of time, Priority No. 82 for 12.0 cubic feet of water per second of time, Priority No. 100 for 4.0 cubic feet of water per second of time, and Priority No. 124 for 2.5 cubic feet of water per second of time, to be used for irrigation. The 2.0 cubic feet of water per second of time granted under Priority No. 2 is the subject of this Plan for. Augmentation and change of water right, and is owned by the applicant herein. (b) Emmer Well No. 1 has been granted, by the Water Court for Water Division No. 5, in Case No W-3876, a conditional water right for 0.088 cubic foot of water per second of time, to be used for municipal, domestic, irrigation, recreation, mechanical, manu- facturing, fire protection, and sewage treatment purposes, with appropriation date of June 1, 1972. (c) Emmer Well No. 2 has been granted, by the Water Court for Water Division No. 5, in Case No. W-3877,. a conditional water right for 0.33 cubic foot of water per second of time, to be used for municipal, domestic, irrigation, recreation, mechanical, manu- facturing, fire protection, and sewage treatment purposes, with appropriation date of April 20, 1978. (d) Emmer Reservoir No. 1 has been granted by the Water Court for Water Division No. 5, in Case No W-3878, a conditional water storage right for 11.0 acre feet of water, to be used for municipal, domestic, irrigation, recreation, mechanical, manufacturing, fire protection, and sewage treatment, all in connection with this Plan for Augmentation, with appropriation date of August 9, 1978. 7. This is an application for change of water right and approval of Plan for Augmentation in which the applicant seeks to provide a dependable supply of domestic water for a 100 unit Sub -Division known as Rifle Creek Estates Subdivision by the use of Emmer Well No. 1 and Emmer Well No. 2. 8. A Statement of Opposition was filed by the City of Rifle on October 31, 1978, and as a result, on November 30, 1978, the application was re-referred by the Water Referee to the Water Judge for Water Division No. 5. 9. As a result of negotiations between the parties involved an agreement was reached, and on February 20, 1979, the following Stipulation and Agreement was filed in Water Court for Water Division No. 5: THIS STIPULATION AND AGREEMENT, entered into this 19th day of February, 1979, by and between the Objector City of Rifle, Colorado (hereinafter "Rifle"), by and through its Special Counsel Musick, Williamson, Schwartz, Leavenworth & Cope, P.C., and the Applicant Thomas L. Emmer (hereinafter "Emmer"), by and through his attorneys Delaney and Balcomb; WITNESSETH: WHEREAS, Emmer is the Applicant in the above -captioned cases and Rifle filed timely Statements of Opposition to said application; and WHEREAS, Emmer intends to utilize the water rights which are the subject of the above -captioned proceedings to provide a water supply for Rifle Creek Estates Subdivision (hereinafter "Rifle Creek Estates"), the legal description of which is set forth on Appendix A, attached hereto and incorporated herein by reference; and WHEREAS, Rifle is the owner of junior and senior water rights on Rifle Creek and its tributaries; and WHEREAS, Rifle and Emmer have resolved their differences and desire to redue their agreement to writing. -2- i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the parties stipulate and agree as follows: A. Emmer agrees that of the 2.0 c.f.s. Priority No. 2, Grand Tunnel Ditch original construction water right, decreed in Civil Action No. 103 (Garfield County District Court) on May 11, 1889, and referred to in the Plan of Augmentation (Case No. W-3879), 1.2 c.f.s. of said Priority No. 2 is decreed for diversion into the Grand Tunnel Ditch (Structure No. 2). (Emmer is the owner of the remaining 0.8 c.f.s. of Priority No. 2 which is decreed for diversion at the Rifle Creek Canyon Ditch). Rifle agrees that Emmer is the owner of said 2.0 c.f.s. of Priority No. 2. The parties agree that Emmer has historically irrigated a total of 60 acres with the 1.2 c.f.s. Grand Tunnel Ditch Priority No. 2 water right. B. CourtUponproval is and by the decrees in the above -captioned cases, the Statements of Opposition filed by Rifle in said cases shall be deemed to be withdrawn. C. Emmer agrees to pay all ditch assessments levied on Emmer's 1.2 c.f.s. by the Grand Tunnel Ditch Company (herein- after the "Company") pursuant to the By -Laws of the Company regardless of whether any or all of said water is actually diverted into or carried by said ditch. D. Emmer agrees that the Emmer Well No. 1 (Case No. W-3876) and the Emmer Well No. 2 (Case No. W-3877) shall be administered by the State of Colorado as surface rights on Rifle Creek with and pursuant to the priorities awarded in the above -captioned cases. E. The Plan of Augmentation in Case No. W-3879 shall be subject to and include the following terms, conditions, and limitations: 1. A maximum of one hundred (100) single family dwelling units shall be served from the Emmer Wells Nos. 1 and 2 and be covered by the Plan of Augmentation. 2. In-house uses for said one hundred (100) units shall not result in gross diversions from the Emmer Wells Nos. 1 and 2 in excess of 40.0 acre feet per year. 3. To augment diversions from the Emmer Wells Nos. 1 and 2 which are used for in-house, domestic purposes, Emmer shall during times of valid senior call on Rifle Creek: a. During the non -irrigation season when said wells are out of priority, release to Rifle Creek from the Emmer Reservoir No. 1 (Case No. W-3878) that quantity of water which equals twenty-five percent (25%) of the quantity of water being delivered to the potable water distribution system. b. buring the irrigation season when said wells are out of priority, Emmer shall permanently remove from irrigation up to five (5) acres of land historically irrigated with Priority No. 2 from the Grand Tunnel Ditch and curtail his diversions from Rifle Creek into the Grand Tunnel Ditch under Priority No. 2 by up to 0.10 c.f.s. as necessary to defray the consumptive use attributable to Emmer Wells No. 1 and 2. 4. The potable water supply system will not be used for irrigation. 5. In the event Emmer desires to irrigate land in Rifle Creek Estates from the Grand Tunnel Ditch in lieu of using Emmer Wells Nos. 1 and 2 pursuant to this paragraph, Emmer agrees to remove from irrigation one acre of land historically -3- irrigated with Priority No. 2 from the Grand Tunnel Ditch for each acre irrigated in Rifle Creek Estates. F. Emmer acknowledges and agrees that Rifle does not act for or represent the Company nor its users and that Rifle has not been authorized to enter into this Stipulation and Agreement for or on behalf of the Company or its users; provided, however, that Rifle agrees to support this Stipulation and Agreement to the extent of its interest in the Company. G. Emmer states and represents, with the intent that Rifle rely, that the waste water disposal/treatment systems to be used by all dwelling units within Rifle Creek Estates shall be septic tank leach field waste. water treatment systems. Emmer agrees that, in the event total consumptive use from the Emmer Wells No. 1 and No. 2 exceeds 10 acre feet per annum, he will amend the Plan for Augmentation in Case No. W-3879 and provide additional augmentation water to compensate for the increased consumptive use which results. H. Emmer shall not store in the Emmer Reservoir No. 1 that quantity of irrigation return flow flowing into said reservoir at all times said reservoir water right is not in priority. I. Rifle shall have the right to enforce the terms and conditions of this Stipulation and Agreement by an action in a court of competent jurisdiction. J. Emmer agrees to install, at his sole expense, any and all measuring devices necessary to monitor the terms of this Stipulation and Agreement that may hereafter be requested by the State Engineer or his representative. K. Upon the approval of the Court of this Stipulation and Agreement, the parties consent to the re-referral of these pro- ceedings to the Referee and for further proceedings as provided for by statute. L. This Stipulation and Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties. As a result of the Stipulation, on March 8, 1979, the application was again referred to the Water Referee by the Water Judge for Water Division No. 5. 10. Applicants Plan for Augmentation is as follows: A. The applicant owns approximately 280 acres of land located on Rifle Creek about three miles north of Rifle, Colorado. It is proposed to develop 100 single family dwelling units which will be supplied in-house water from Emmer Well No. 1 and Emmer Well No. 2, described above. B. The applicant in general proposes to fill Emmer Reservoir No. 1 with water previously awarded to the Grand Tunnel Ditch under Priority No. 2, and to make releases from Emmer Reservoir No. 2 as required to augment Emmer Well No.1 and Emmer Well No. 2. Adequate measuring devices, as acceptable by the State Engineer or his representative shall be installed and maintained. Releases will be made at the order of the Water Commissioner as authorized by the Division Engineer. C. The augmentation plan will include the drying up of 5.0 acres of land which has previously been irrigated by the Grand Tunnel Ditch under Priority No. 2. The annual consummti3LeLuse of the in-house water system will be approximately 10 acre feet based upon 3.5 persons per unit, per capita use of 100 gallons per day, and 25% consumptive use as estimated in the Engineer's Report. D. Also, during the irrigation season when the wells are out of priority, the applicant will curtail diversion from Rifle Creek into the Grand Tunnel Ditch, 0.10 cubic foot of water per second of time to compensate for -the consumptive use of water from Emmer Wells No. 1 and No. 2. -4- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t79 11. The applicant further requests that the use of the water previously awarded to the Grand Tunnel Ditch for irrigation use he changed to include the following: all beneficial uses, including recreational uses, municipal uses, domestic use, irrigation use, mechanical use, manufacturing use, fire protection use and use for sewage treatment. 12. The Plan for Augmentation as set forth herein is one contemplated by law, and if implemented and administered in accord- ance with this decree, will cause no injurious effect to vested water rights or decreed conditional water rights. The Referee does therefore conclude that the above entitled application for Plan for Augmentation should be approved insofar as it is consistent with the terms and conditions of the Stipulation and Agreement as set forth in paragraph 9 above, and in accordance with the Plan for Augmentation as set forth in paragraph 10 above. The application for change of use of the water previously awarded to the Grand Tunnel Ditch is hereby granted only in the amount and for the purposes necessary to fulfill the requirements of this Plan for Augmentation. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304 CRS 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. �/ Done at the City of Glenwood Springs, Colorado, this /5 L�' day of /0i9,/ , 1980. BY THE REFEREE: W 1 r Re eree er Division No. 5 State of Colorado No protest was filed in this matter, and accordingly the fore- going ruling is confirmed and approved, and is made the Judgement and Decree of this court; provided however, that the approval of this change of water right shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others during any hearing commencing in the calendar years succeeding the year in which this decision is rendered. -5- Dated T u I� G W� -r Judg IN THE D=STILT COURT IN AND NC:. 5 STATE C? CCLCRADC Application No. ..-3873 IN THE MATTER C^ THE APPLICATICN _'CF. MATER RIGHTS C7 THONAS L. EMMER ) :N THE CCLORADC RIVER ) CF ITS TRIBUTARIES ) ^_RIBUTAP.Y INVOLVED: RIFLE CREEK :N GARIELD COUNTY ) i.- 1 L., E.: IN WVATEA COI Divis:oa No.nn5 !N.?, j119`10 STAT DF CCLOF VOA TtR 6Y otruT• RULING C^ REFEREE _he above entitled application was filed on August 31, 1973, and was referred to the undersianed as Water Referee for Water Division No. State cf Cc.cradc, hy the Water Judge cf said Court on the 6t_^ day of September, 1978, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act o: 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not :'.e statements in the application are true and 'having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: :. The statements in the application are true. The Statement of opposition has been effectively withdrawn as a result of a Stipulation and Aareement and the Referee has made no determination with respect to the Statement of Opposition. 2. The name of the structure is Emmer Reservoir No. 1. 3. The name of the claimant and address is Thomas =. Emmer: 1046 State Highway 325, Rifle, Colorado. 4. The source of the water is Rifle Creek throuah tie Grand Tunnel Ditch, tributary to the Colorado River. E. The right abutment of the dam embankment is located in the SE%h NW of Section 30, T. 5 S., R. 92 W. of the 6th P.M. at a Point whence the Northwest Corner of said Section 30 bears N. 42 30' W. 2,440 fee:. 6. The uce of the water is municipal, domestic,irrigation, recreation, mechanical, manufacturing, fire protection, and sewaae treatment. The date of initiation of appropriation is August 9, 1978. 8. The amount of water claimed is 11.0 acre feet, conditional. The reservoir has not yet been constructed and the water has not been stored and applied to beneficial use. 10. The maximum height of the dam forming the reservoir is 10 feet, the length of the dam is 300 feet, aha the total capacity of the reservoir is 11 acre feet of water. 11. Cn October 31, 1978, a Statement of Opposition was tiled by the City of Pa_.e, andas a result, on November 30, 1978, the application was re-referredby the Water Referee to the Water :udge for Water Division No. 5. 12. Eater :;el. No. 1 (Case No. W-3876), =comer Well No. (Case No. t;-3877), and Emmet' Reservoir No. 1 (Case No. ..-3878) are all incorporated in to a Plan for Augmentation riled simultaneously herewith under Case No. ..-3679. 13. Cn February 20, 1979, a Stipulation and Agreement was filed by the applicant and the objector .n ,.h -c.. the f., -.owing pertinent points were agreed to: A. Emmer agrees that of the 2.0 c._.s. Priority No. .2, Grand Tunnel Ditch oriainal construction water right, decreed in Civil Action No. 103 (Garfield County Dis-- Court) on 31ay 11, 1889, and referred to in the Plan for Augmentation (Case No. ..-3879), 1.2 .f.s. of said Priority No. 2 is decreed fir diversion into the Grand .uruiel Ditch (Structure No. 2) . (Emmet- in ..__c owner of the remaining 0.8 c.t.o. of Priority No. 2 which is decreed for diversion at the Rifle Creek Canyon Ditch) . Rifle agrees that Emmer is the owner o: said 2.0 .=.s. of Priority No. 2. The parties aaree that Emmer has historically irrigated a total of 60 acres wit.. the 1.2 ...:.s. Grand Tunnel Da..._ P -4n -'-v No. 2 water - _ah... Emmer agrees to pay all Emrer's 1.2 c.=.s. by the Grand after the "Company") pursuant to regardless of ::nether any or all diverted into or carried by said ditch assessments levied on Tunnel Ditch Company (herein - the By -Laws of the Company of said water is actually ditch. C. The Plan for Augmentation in Case No. W-3879 shall be subject to and include the following terms, conditions, and limitations: _. A maximum of one hundred (100) single family dwelling units shall be served from the Emmer Wells Nos. 1 and 2 and be covered by the Pien for Augmentation. not and 2. _n -rouse uses for said one 'hundred (100) units shall result in gross diversions -rom the Emmer Wells Nos. 1 2 in excess of 40.0 acre feet per year. 3. 7o augment diversions from the Emmer Weirs Nos. "1 and 2 which are used for in-house, domestic purposes, Emmer shall during times of valid senior call on Rifle Creek: ;a; Durina the non -irrigation season when said wells are out of priority, release to Rifle Creek from rhe =rrer Reservoir No. 1 (Case No. -3878) r,har, q+:an-i-y of water which equals twenty-five percent (25%) of the quantity of water being delivered to the potable water distribution system. During the irrigation season when said weirs are out of priority, :comer shall permanently remove from irrigation up to five (5) acres of land historically rri aar.eci wi rh Pri nri r.y No. 2 *rr)T r»e Grand T;: ine.r and curtail his diversions from Rifle Creek into -:e Grand Tunnel Ditch under Priority No. 2 by up to 0.10 c .:.s. as necessary to defray the consumptive use attributable to Emmer Wells No. 1 and No. 2 0. Emmer shall not store in the Emmer Reservoir No. 1 that quantity of _rriaation return flow flowing into said reservoir at all times said reservoir water right is not in priority. 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 As a result of the Stipulation and Agreement, on March 8, 1979, the application was again referred to the Water Referee by the Water Judy ;.uL WeiLCL Divi iuu Nu. 5 The Referee does therefore conclude that the above entitled application should be granted insofar as it is consistent with the terms and conditions of the Stipulation as set forth in paragraph 13 above, and tha: 11.0 acre feet of water, with aonrooriat:or_ date of August 9, 1978, are hereby awarded conditionally to Emmer Reservoir No. 1, to be used for municipal. domestic, irrigation, recreation. mechanical, manufacturing, fire protection, and sewage treatment :n connection with a Plan for Augmentation as described in Case No. w-3879, provided always and applied however, :o *nen as set that said :_..0 acre feet of water are stored to beneficial use within a reasonable time; subject, :he terms and cond:::ons of :he S:ipuia:ion and Agree - forth in paragraph 13 above; subject also to the approval and the terms of the Plan for Augmentation in Case No. W-3879; and also 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. Application_ for a quadrennial finding of reasonable diligence shall be filed in April of 1984 and in April of every fourth calendar year thereafter so long as claimant desires to maintain :his cord:t_or water right or until a determination_ has been made tha: this conditional water right has become an absolute water right by reason of the completion of the anoropriation. 7t is accordingly ORDERED that this ruling shall be filed with the Water C..erk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304 CRS 1973. :t is further ORDERED that a copy of this ruling shall be filed wiLh Lhe aperrnpriaLe Division Engirreel and Lrle SLdLe Engineer. Done at the City of Glenwood Springs, Colorado, this day of 447ppl4._ , 1980. No proren was filed in ihi; mer.... • The fore,leing ruling is cenfina•..' cad approved, cad is rrad••_7'•...,; Judcrmen;onR.f� Doled: W eR Jje5c; BY THE REFEREE: W Referee er Division No. 5 State of Colorado IN THE DISTRICT COURT IIT AND FOR WATER DIVISIOIC NO. 5 STATE O=' COLORADO Application No. -3877 tits FILED ' IN WATER COUR Division No. 5 ! PR; 01g8j STATE OP COLORAC (t . Y+f.f=R CLE IN T -E MATTER 07 THE APPLICATION ) OAc�Y",``'-� FOR WATER RIGHTS OF THOMAS L. EINE? 1m vvv+• •., TN THE COLORADO K.'VER ) RULING C' REFEREE 07-Z -f-S '-'7";177A-FS TRIBUTARY 'RIBJ''AR Y =VOLVED: RIFLE CREEK } IN GARFIELD COUNTY i The above er_=_=ied appLica:ior_ was =ilea on August 31, 1978, and was referred to :he undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judae of said Court on the 6th day of September, 1978, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee havino :Made such investiaations as are necessary to determine whether or not the statements in the application are true and havino become fully advised with respect to the subject matter of the application does hereby -lake the following determination and ruling as the Referee in this -utter, to -wit: 1. The statements in the Application are true. The Statement of Opposition has been effectively withdrawn as a result of a Stipulation and Agreement filed by the applicant and the objector, and the Referee has made no determination with respect to the Statement of Opposition. 2. The name of the structure is Emmer Well No. 2. 3. The r_arne of :he c=aiman.: and address is Thomas L. E.'nmer; 1046 State Highway 325; Rifle, Colorado. 4. The source of the water is a well having a depth of 50 feet, and being tributary to Rifle Creek, tributary to the Colorado River. E. The well is located in the NEY1 NW4 of Section 3C, T. 5 S , R. 92 W. of the 6th P.N.. , at a point whence the Northwest Corner` of said Section 30 bears N. 52°CO' W. 1,900 feet. =. The use of :he water is municipal, domestic, irrigation_ recreation, mechanical, :manufacturing, fire protection, and sewage treatment. The date of initiation of appropriation is April 20, 1978. E. The amount of water claimed, is 0.33 cubic foot of water per second of time, conditional. 9. The well has not been constructed and the water has not been applied to beneficial use. .C. On April 7, 1980, the Office of the State Engineer issued denial No. AD -8632, based on the facts that the well was hydraulically connected with Rifle Creek, and Rifle Creek is over -appropriated and subject Lo istanlnj i..z L1ur: and that a permit cannot be issued until a decreed water right or plan for augmentation is approved by the Division Water Court. 11. On October 31, 1978, a Statement cf Opposition was filed by Lhe CiLy u= Riile, d::d ds d fesu1L, oa NUv xber 30, 1978, Lhe application was re-referred by the Water Referee to the Water Judge for Water Division No. 5. 2Emmer Well No. 1 (Case No. W-3876), Emmer Well No. 2 (Case No. W-3877) , and Emmer Reservoir No. 1 (Case No. W-3878), are incorporated into a plan for augmentation filed simultaneously herewith under Case No. 62-3879. . On February 20, 1979, a Stipulation and Agreement was filed by the applicant and the ob;ector, in which the following pertinent points were agreed to: A. Emmer agrees that of the 2.0 c.f.s. Priority No. 2, Grand Tunnel Ditch original construction water right, decreed in Civil Action No. 103 (Garfield County District Court) on May 11, 1889, and referred to in the Plan of Augmentation (Case No. W-3879), 1.2 c.f.s. of said Priority No. 2 is decreed for diversion into the Grand Tunnel Ditch (Structure No. 2). (Emmer is the owner of the remaining 0.8 c.f.s. of Priority No. 2 which is decreed for diversion at the Rifle Creek Canyon Ditch). Rifle agrees that tuner :s the owner of said 2.0 c.f.s. of Priority No. 2. The parties aaree that Emmer has historically irrigated a total of 60 acres with the 1.2 c.f.s. Grand Tunnel Ditch Priority No. 2 water right. Emmer agrees to pay all ditch assessments levied on Emmer's 1.2 c.f.s. by the Grand Tunnel Ditch Company (herein- after the "Company") pursuant to the By -Laws of the Company_ regardless of whether any or all of said water is, actually diverted into or carred by said ditch. C. Emmer agrees that the Emmer Well No. 1 (Case No. :.'-3876) and the Emmer Well No. 2 (Case No. W-3877) shall be administered by the State of Colorado as surface rights on Rifle Creek with and pursuant to the priorities awarded in the above -captioned cases. D. The Plan for Auamentation in Case No. W-3879 shall be subject to and include the following terms, conditions, and limitations: 1. A :maximum of one hundred ('_CC) single fami=v dwe:Li g units shall be served from the Emmer Wells Nos. 1 and 2 and be covered by the Plan for Augmentation. 2. In-house uses for said one hundred (100) units shall not result in aross diversions from the Emmer Wells Nos. 1 and 2 in excess of 40.0 acre feet per year. 3. To augment diversions from the Emmer Wells Nos. 1 and 2 which are used for in-house, domestic purposes, Emmer shall during times of valid senior call on Rifle Creek: (a) During :he non -irrigation season when said wells are out of priority, release to Rifle Creek from the Emmer Reservoir No. 1 (Case No. W-3878) that quantity of water which equals twenty-five percent (25%) of the quantity of water being delivered to the potable water distribution system. (b) During the irrigation season when said wells are out of priority, Emmer shall permanently remove from irrigation up to five (5) acres of land historically irrigated with Priority No. 2 from the Grand Tunnel Ditch and curtail his diversions from Rifle Creek into the Grand Tunnel Ditch under Priority No. 2 by up to 0.10 c.f.s. as necessary to defray the consumptive use attributable to Emmer Wells Nos. 1 and 2. ,?7 The potable water supply system will not be used for irrication. In the event Emmer desires to irrigate land in Rifle Creek Estates from :he Grand 'Tunnel Ditch in lieu of using Emmer Wells Nos. 1 and 2 pursuant to this para- craph, Emmer agrees to remove from irrigation one acre of land historically irrigated with Priority No. 2 from the :rand Tunnel Ditch for each acre irrigated in Rifle Creek states. Emmer states and represents, with the intent that Rifle rely, that the waste water disposal/treatment systems to be used by a=_ dwelling units within Rifle Creek Estates shall be sentic tank leach field waste water treatment systems. Emmer agrees that, in the event total consumptive use from the Emmer Wells No. 1 and No. 2 exceeds 10 acre fee: per annum, he will amend :he Plan for Augmentation in Case No. W-3879 and Provide additional augmentation water to compensate for the increased consumptive use which results. F. Emmer agrees to install, at his sole expense, any and all measuring devices necessary to monitor the terms of this Stipulation and Agreement that may hereafter be requested by • tie State Engineer or his representative. Upon the approval of -the Court of this Stipulation and Aarccmc-t, the parties consent to the of these proceedi-as to the Referee and for further Proceedings as provided for cv statute. As a result of the Stipulation and Agreement, on March .9, 1979, the application was again referred to the Water Referee oy the Water Judge for Water Division No. 5. The Referee does therefore conclude that the above entitled application should be granted insofar as it is consistent with the terms and conditions of the Stipulation and Agreement as set forth in paragraph 13 above, and that 0.33 cubic foot of water Per second of time, with appropriation date of April 20, 1978, is hereby awarded conditionally to Emmor Well Nc. 2, to be used for municipal, domestic, irrigation, recreation, mechanical, manufacturing, fire protection, am] SCWal,)C ,.LCG LLItCII- UULUUSeb, ULUVI(1 d c11WGy, LIiaL said 0.33 LULIL foot of water per second of time be applied to beneficial use within_ reasonable time; subject, however, to the terms and conditions of the Stipulation and Agreement as se: forth in, paragraph 13 above, subject also to the approval and the terms of the Plar. for Augmentation in Case No. W-3879; and also subject to all earlier priority rights of others and to :he integration and tabulation by the Division" Engineer of surh nri nri ri P,S a -d changes n= rights ir arrnrc7arce with law. -3- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 implication for a auaarennial finding of reasonable diligence shall be filed in April of 1984 and in April of every fourth calendar year thereafter so long as claimant desires to maintain this conditional water right or until a determination has been made that this conditional water right has become an absolute water right by reason the completion of the appropriation. It is accordinaly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filinc, sub=ect to Judicial review pursuant to Sectio:- 37-92-3C4 CRS 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this 3c9 f� day of 1`IPp,t_ , 198C. EY THE REFEREE: . Uo urot9st was filed in tris rn;••r. ire forataing ru:ina is coni;r-, kid�aRererce and approved, c^d is nacc '��, wa'ferD vision No. 5 Jodgrn ntc Dccr_e 'ry;scc;•n. State of Coloradc Datod 1 t -�~ t ' WA EL JbDGF_ IN THE DISTRICT CCUFT =N AND FCF. WATER DIVISION NC. 5 STATE CF CC=CRADC App--cac-on No. W-25876 IN '_':i= MATTER C7 THE APP=_CAT'CN FCF. :?AT__F. RIGHTS CF THOMAS L. 3:I.*LR IN T3= CC.=CRADC RIVER CF =T -S TRIBUTARIES TRIBUTARY :NVC:VED: RIFLE CREEK IN OAR= -:_D CCUNTY WV/ N.,4.� FILED IN WATER COU Division No. 5 .ar w c ,7Y D..ruTY 1990 STATE OF COLOR4 E FC=CN3 C_ REF -R== The above entitled application was filed on August 31, 19"9, was amended on October 27, 1979, and was referred to the under- signed as Water Referee for Water Division No. 5, State of Colorado, by Lhe WdLe: Judye u- :,'did Cu.l_ L u:: LLe 6 LE d v SeuLe::a;e: , 197E, U:. O::LUUe: 31, 197E, d::d dudl::, d -Le: SLL:J.11dL1'J:: u.. April 3. 1979, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, :known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having Made such investigations as are necessary to determine whether or not the statements _n the amendec 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 as the Referee in this "latter, to -wit: The statements in the application are true. The statement of opposition has been effectively withdrawn as a result of agreement between the parties involved, and the Referee has -lade no determination with respect to the statement of opposition. 2. The name of the structure is Emrner Well No. 1. 3 The name of the claimant and address is Thomas L E_Lmer: 1C46 State Highway 325; Rifle, Colorado. 4. The source of the water is a well having a depth of40 feet, and being tributary to Rifle Creek, tributary to the Colorado River. 5. The well is located in the SW -4 NW -4 of Section 30, T. 5 S., R. 92 W. of the 6th P.N.. , at a point whence the Northwest Corner of said section 33 bears N. 19=' 49'W. 2,125 feet. 6. The use of the water is for municipal, domestic, irrigation, recreation mechanical, :manufacturing, fire protection_ and use for sewage treatment. The dale u_ i::1LiaLlu:: u. dUUruuridLio:: ::ldi:ped is J.ie 1, 1972. This well was completed and the water was used at some time prior to the applicants ownership. 8. The amount of water claimed under :his application_ _s gigot n' ware- ne.'" secord of time., conditio-al. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Emmer well No. 1 (Case No. W-3876), Emmer well No. 2 (Case No. W-3577), and Emmer Reservoir No. 1 ( Case No. W-3878), are incorporated into a plan for augmentation filed simultaneously_ herewith under Case No. -3879. C. On October 31, 1978, and on December 29, 1978, Statements of Opposition were filed by the City of Rifle, Colorado, and on January 31, 1979, the application was re-referred by the Water RC_eree Lo LLe WaLe_ J,tdve icr ;4a1 e_ Division N. 5. __. On February 20, 1979, a Stipulation and Agreement was filed by the applicant and the objector, in which the following pertinent points were agreed to: A. Farmer agrees that of the 2.0 c._.s. priority No. 2. Grand Tunnel Ditch original construction water right, decreed in Civil Action No. 103 (Garfield County District Court) on Mavi1.1889. and referred to in the Plan of Augmentation (Case No. W-3979), 1.2 c.f.s. of said Priority No. 2 is decreed for diversion into the Grand Tu ni rI'i (Structure No. 2) . (Emmer is the owner of the remaini__a '571.s. of Priority No. 2 which is decreed for diversion at the Rifle Creek Canyon Ditch) . Rifle agrees that Emmer is the owner of said 2.0 c.f.s. of Priority Na 2. The parties agree that Enumer has historically i -'i gated a total o' 6n ac' -es wi tr ti- 1.2 c.f.s Grana Tunnel Ditch Priority No. 2 water richt. E. Emmer agrees to pay all ditch assessments levied on E ner' s 1.2 c.f.s. by the Grand Tunnel Ditch Company (hereinafter the "Company") Pursuant to the By -Laws of the Company reaardless of whether any or all of said water is actually diverted into or carried by said Ditch. C. Emmer agrees that the Emmer Well No. 1 (case No. W--3976) and the Emmer Well No. 2 (Case No. W-3877) shall be administered by the State of Colorado as surface rights on Rifle Creek with and pursuant to the priorities awarded in the above -captioned cases. D. The Plan of Augmentation. in Case No. W-3879 shall be subject to and include the following terms, conditions, and limitations: _. A maximum of one hundred (100) single family dwelling units shall be served from the Emmer Wells Nos. 1 and 2 and be covered by the Plan of Auc^te_ntation. 2. In-house uses for said one hundred (100) units shall not result in gross diversions from the Emmer Wells Nos. 1 and 2 in excess of 40.0 acre feet per year. 3. To augment diversions from the Emmer Wells Nos. 1 and 2 which are used for in-house, domestic purposes, Emmer shall during times of valid senior call on Rifle Creek: (a) During the non -irrigation season when said wells are out of priority, release to Rifle Creek from the Emmer Reservoir No. 1 (Case No. W-3878) that quantitY of water which equals twenty-five percent (25%), of the cuantity of water being delivered to the notable water distribution system. (b) During the irrigation season when said wells are out of priority, Emmer shall permanently remove from irrigation up to five (5) acres of land historically irrigated with Priority No. 2 from the Grand Tunnel Ditch and curtail his diversions from Rifle Creek into the Grand Tunnel Ditch under Priority No. 2 by Up to 0.10 c.f.s. as necessary to defray the consumetive use attributable to Emmer Wells Nos. 1•and 2. 4. The Potable water supply system will not be used for __-:cation. 3 8 , 6 E. I- the event Emmer desires to irrigate land in Rifle Creek Estates from the Grand Tunnel titch in lieu of using_ Timmer Wells Nos. 1 and 2 pursuant to this paragraph, Emmer agrees to remove from irrigation one acre of lard historically irrigated with Priority No. 2 from the Grand Tunnel Ditch for each acre irriaated in Rifle Creek Estates. E. Emmer states and represents, with the intent that Rifle rely, :ha: the waste water disposal!treatmer_t systems to nr nceri h>> a - riper- - ry_ rh4 r f" P rrePlr Fs -a -es end' n� car' LCtll}S ltdc.l WCW wa[._- Emmer agrees that, in the event total consumptive use :rpm the Emmer ;'ells Nos. 1 and 2 exceeds 10 acre feet Per annum he will amend the Plan for Augmentation In Case No. W-3879 and provide additional auamentation water to compensate for the increased consumptive use which results. F. Emmer agrees to install, at his sole expense, any and all measuring devices necessary to monitor the terms of this Stipular: and Agreement that may hereafter be requested by the State Engineer or his representative. 0. Joon the approva: of :he Court of this Stipulation_ and Aareement, the parties consent to the re-referral of these proceedings to the Referee and for further proceedings as provided for by statute. As a result of :he Stipulation_ and Agreement, on Apr:_ 3, :979 the application was again referred to the Water Referee ov the Water Judge for Water Division No. 5. The Referee does" therefore conclude that the above entitled application should be granted insofar as it is consistent with the terms and conditions of the Stipulation and Agreement as set forth in paragraph 11 above, and that 0.088 cubic foot of water per second of time with appropriation date of June 1972, is hereby awarded conditionally to Emmer Well No. 1, to be used for municipal, domestic, irrigation, recreation, :mechanical, :manufacturing, fire protection ardi sewer-rearmerr nrrpnses, nrnvi ded ai ways rha- said 0 . ORR riihi r foo: of water per second of time be applied to beneficial use within a reasonable time; subject, however, to the terms and conditions of the Stipulation and Agreement as set forth in pargraph 11 above; subject also to the approval and the terms of the Plan for Augmentation in Case NC. W-3879; and also 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. 3876 Application for a quadrennial finding of reasonable diligence shall be filed in Aril of 1984 and in April of every fourth calendar year thereafter so 17.ng as claimant desires to maintain this conditional water richt or until a determination has been made that this conditional water right has become an absolute water right by reason of the completion of the appropriation. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-3C4 CRS 1973. It is further ORDERED that a copy of this rulinc shall be filed with the appropriate Division Engineer and the State Engineer. Done ac the Ci_v of Glenwood Springs, Colorado, :his 3,2 day of ,ap,QiG , 1980. h:v orgt;st wo$ filed in this motor. The icrogoinp rulirg is confirmed end approved, and Is mode the Judgme and roscfurt. Dated i WATER JLGGE 3Y T=_ REFEREE: ire Taeree ate= DivisiGn N. 5 Suite of, Colorado 5:31 D Management plan for sewage disposal systems Care and maintenance of your home septic system E. Porter, R. Rynk, K. Babin, and B. N. Burnell e -hr* To septic tank One-third of our nation's population lives beyond the reach of a public sewer system. These households rely on "on-site" septic systems to safely dispose of household wastewater. Well designed and operated home septic systems can be effective, efficient, and environmentally sound. Without proper use and maintenance, however, these systems can break down. Universityof Idaho /f_ //_ _ _ A •ii The main causes of septic system failure are Infrequent septic tank pumping Overuse of water, especially from leaky faucets or continuously running toilets Improper construction Overuse of garbage grinders Damage from excavation or from vehicles driving over the system Undersized septic tanks and drainfields Figure 1. Primary sources of house- hold wastewater. Figure 2. Typical household septic tank. From house 2 How a septic system works Septic systems dispose of household sewage, or wastewater, generated from toilet use, bathing, and kitchen and cleaning activities (fig. 1). Wastewater carries all those things that "go down the drain," such as human waste, dirt, food, paper, soap, detergents, and cleaning products. It contains dissolved nutrients, household chemicals, grease, oil, microorganisms (including some that cause disease), and solid particles. The septic system's purpose is to remove these contaminants and then discharge treated wastewater to the soil without harming either human health or the environment. A septic system consists of an underground, watertight tank, or "septic tank," and a drainfield. Septic tank A septic tank (fig. 2) has three main functions: • To remove as many solids as possible from household wastewater before sending the liquid, known as "efflu- ent," to the drainfield • To decompose solids in the tank • To store solids that do not decompose When raw wastewater enters the tank, heavy solids in the wastewater sink to the bottom of the tank as sludge. Light solids, such as grease and paper, float to the surface as scum. Baffles or tees keep the solids from leaving the tank and entering the drainfield. The longer the wastewater remains in the tank, the more time there is for solids to separate out. Bacteria decompose the organic solids that collect in the tank. Solids that do not decompose accumulate in the tank and eventually must be pumped out. Drainfield Each time raw wastewater enters the tank it forces an equal amount of efflu- ent into the drainfield (fig. 3). The typical drainfield is a series of perfo- rated plastic pipes, usually placed in gravel -filled trenches and covered with at least 1 foot of soil. Microorganisms 1 • • i' • •- �� ���--—0..Inspection ports — Scum solids uent to 'nfield Inlet baffle or tee Outlet ba e or tee .1 Sludge solids o • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 er 14 Distribution box Gravel or stone surrounding drainfield pipe 0441.4.44 Septic tank Effluent 44. • • M L4. .• 14/ Perforated plastic pipe in the drainfield treat the effluent, which still contains suspended solid particles, dissolved contaminants, and disease - causing organisms. The drainfield's functions are • To disperse the septic tank effluent over a large area of soil without allowing it to rise to the ground surface • To filter out and retain solids, nutri- ents, bacteria, and other organisms contained in the effluent • To provide suitable conditions for soil microorganisms to decompose the solids and nutrients in the effluent • To evenly distribute the treated water to the soil around the drainfield Because microorganisms in the drainfield need oxygen to decompose solids and nutrients, the drainfield needs to "breathe." When the drainfield is saturated with water, oxygen cannot reach the microorganisms. The drainfield can also malfunction if too many solids pass from the septic tank into the drainfield. Under these conditions the drainfield becomes overloaded and clogged and eventually fails. For the drainfield to operate properly, the effluent must drain through the system at a moderate rate—not so fast that it passes to groundwater before it is treated, yet not so slowly that the drainfield remains saturated for long periods of time. In the worst case of slow drainage, untreated effluent rises to the ground surface. To avoid these problems, the drainfield must be located in suitable soil and be large enough to disperse the effluent. For a more detailed explanation of how a septic system works, obtain a copy of A Homeowner's Guide to Septic Systems, available from your health department or the Idaho Division of Environmental Quality. Figure 3. Typical trench -rope household drainfield. 3 your septic system. However, do not overuse household chemicals. About 1.5 gallons of bleach, 5 gallons of household disinfectant, or 1/2 ounce of drain cleaner used in a 24-hour period will harm bacteria in the septic tank. Although the bacteria will recover eventually, the septic system will not function properly until then. • Phosphate detergents normally do not threaten either the septic system or groundwater. However, if the septic system is too small or improperly designed or maintained, phosphorus - rich septic system effluent can reach lakes, ponds, and streams and pollute them. • Don't dispose of water from hot tubs into the septic system. The large volume of water is too much for the septic tank and drainfield to handle properly. In addition, chlorine in the water may harm bacteria in the septic system. Drain hot tubs onto the ground (not into a storm drain) away from the drainfield. Conserve water Don't use more water than you need. Excessive water use is one of the main causes of septic system failure. When you use a large amount of water over a short period of time, the wastewater does not stay in the septic tank long enough for the solids to separate out. A large volume of water also can create mixing in the septic tank, causing solids Gardeners bewa Do not plant vegetable gardens over the drainfield. There is a small but real risk that edible parts of plants may pick up contaminants or organ- isms from the effluent. AIso, any gar- den arden: that requires frequent cultivation'> should not be planted over the in the tank to be flushed into the drainfield. Finally, a large volume of water may saturate the drainfield. Wastewater that passes through a water - saturated drainfield can carry disease - causing bacteria long distances, poten- tially contaminating ground and surface waters. Moderate use of water, spread out over time. lets the septic tank and drainfield operate as designed. Reduc- ing the amount of wastewater entering the septic system may even increase its lifespan. To reduce household water usage: • Use water -saving bathroom and kitchen fixtures (faucets, shower heads, toilets). • Run and drain appliances such as dishwashers and washing machines one at a time. • Spread laundry over an entire week. More than two loads of wash in a day can overload your septic system. • Fix all faucet and toilet leaks promptly. • Direct water from downspouts and roofs away from the drainfield. • Do not continually run water to prevent water pipes from freezing. Use other methods such as pipe insulation or electrical heating tape. Don't overuse garbage grinders Avoid extensive use of a kitchen garbage grinder even if the septic system is specifically designed to drainfield. Shallow cultivation may create a compacted layer (hardpan) beneath the garden, while deep culti vation may damage the drainfield. 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 handle one. Garbage grinders greatly increase the amount of solids entering the septic tank. This reduces the liquid capacity of the tank, causes more solids to enter the drainfield, increases the workload on the septic system bacteria, and hastens the need for pumping. Avoid physical damage to your drainfield Don't build anything over the drainfield or areas set aside for future drainfields. This includes patios, car- ports, and sidewalks. Keep cars and trucks off the drainfield to avoid com- pacting the soil. Compacted drainfield soils drain poorly, which causes the drainfield to become saturated and prevents oxygen from getting into the soil. Trees and shrubs can be planted near drainfields. Concerns about roots plugging and damaging drainfields persist from the days when clay tile was used for drainfield pipe. Roots do not damage modern drainfields built with plastic pipe. In fact, they may help remove water and increase oxygen levels in the drainfield. Grass is the best cover for the drainfield. However, avoid pasturing large animals over the drainfield to prevent soil compaction. Also, never flood irrigate the drainfield area. Flood irrigation will saturate the drainfield and may cause it to fail. Septic system maintenance Over time, sludge and scum collect in all septic tanks and must be pumped out. Septic tanks usually need pumping every 2 to 5 years, depending on tank size and use (table 1). The tank should be inspected each year to determine sludge depth. Lower an 8- to 10 -foot pole into the tank, passing it through the tank cover near the outlet tee. If the depth of sludge is 40 percent of the total liquid depth, the tank should be pumped. Keep a record of sludge depths as well as of the dates when the tank was pumped. Also, make a diagram of your septic system, including the location and depth of the septic tank, the location of the tank's inspection covers, and the boundaries of the drainfield. A detailed procedure for inspecting septic tanks is provided in A Homeowners Guide to Septic Systems. Table 1: Approximate number of years between septic tank pumpings for a year-round residence without a garbage disposal. Tank size Number of people in household (gallons) 1 2 3 4 5 6 7 8 750 9 900 11' 1,000 12 1,250 15 1,500 19 1,750 22 2.000 25 4 2.5 2 1.5 1 1 0.5 5 3 2 1.5 1 1 0.5 6 3.5 2.5 2 1.5 1-1.5 I 7.5 4.5 3.5 2.5 2 1.5 1-1.5 9 6 4 3 2.5 2 1.5 10 7 5 4 3 2.5 2 12 8 6 4.5 3.5 3 2.5 Source: Adapted from Septic Tank Maintenance, by K. Mancl, Cooperative Extension Service, Ohio State Univer- sity. Note: If a garbage disposal is used, more frequent pumping will be needed (divide the table's estimates in half). 'Items in bold are common tank sizes for the household size. Under current Idaho rules. the minimum household septic tank size is 900 gallons.