HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the
Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49,
the undersigned avid Ri ppy Const. , Inc. & Mart hom, Inc. respectfully petitions
the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution
the division of 18. (aprox) acre tract of land into four " . tracts of approximately _
4.5 ac. aprox acres each, more or less, from the definitions of "subdivision" and
"subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a)
- (d) and the Garfield County Subdivision Regulations for the reasons stated below:
The land has not been previously divided other than bu ,judicial action.
There is a very strong need for commercial lots for contractors yards and warehousing.
SUBMITTAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with all the following
information:
A. Sketch map at a minimum scale of 1"=200' showing the legal description of the
property, dimension and area of all lots or separate interests to be created, access
to a public right-of-way, and any proposed easements for drainage, irrigation,
access or utilities;
B. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic
and geographic relation of the proposed exemption to the surrounding area
within two (2) miles, for which a copy of U. S.G.S. quadrangle map may be used.
C. Copy of the deed showing ownership by the applicant, or a letter from the
property owner(s) if other than the applicant; and
D. Names and addresses of owners of record of land immediately adjoining and
within 200 feet of the proposed exemption, mineral owners and lessees of mineral
owners of record of the property to be exempted, and tenants of any structure
proposed for conversion; and
E. Evidence of the soil types and characteristics of each type; and
F. Proof of legal and adequate source of domestic water for each lot created,
method of sewage disposal, and letter of approval of fire protection plan from
appropriate fire district; and
G. If connection to a community of municipal water or sewer system is proposed,
a letter from the governing body stating a willingness to serve; and
H. Narrative explaining why exemption is being requested; and
I. It shall be demonstrated that the parcel existed as described on January 1, 1973
or the parcel as it exists presently is one of not more than three parcels created
from a larger parcel as it existed on January 1, 1973.
J. A $300.00 fee must be submitted with the application. jj
David Rippy Const, Inc.L(��
Marthom,
Petitioner'f
Box 1330, Glenwood Springs, CO 81601
Mailing Address
City State
945-6000 (Pat Fitzgerald -Agent)
Telephone Number
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U.S. Department of Agriculture
Soil Conservation Service
.NONTECHNICAL SOILS DESCRIPTION REPORT
FOR DESCRIPTION CATEGORY ~- SCI
Survey Area- RIFLE AREA PARTS OF GARFIELD AND MESA COUNTIL
Map
Symbol
Description
Page •- .1
3/13/95
28 HELDT CLAY LOAM, 1 TO 3 PERCENT SLOPES This deep,
well -drained soil is on alluvial fans and sides of
valleys. This soil formed in fine textured alluvium
derived from shale and sandstone. The surface layer is
clay loam about 8 inches thick. The subsoil is clay
loam about 13 inches thick. The substratum is clay to
a depth of 60 inches. Permeability is slow, and
available water capacity is moderate. Effective
rooting depth is 60 inches or more. Runoff is medium.
and the erosion hazard is slight.
1
U•.S. Department of Agriculture Page - 1
3/13/95
Soil Conservation Service
SOIL INTERPRETATION REPORT
Survey Area- RIFLE AREA PARTS OF GARFIELD AND MESA COUNTIE
Map Symbol. Shallow Small Lawns. Topsoil Drainage
Soil Name Excavations Commercial Landscaping,
Buildings and Golf
Fairways
28 HELDT MODERATE SEVERE
Too Clayey Shrink -swell
SLIGHT
FAIR LIMITATION
Too Clayey Deep To Water
• •
DECLARATION OF PROTECTIVE COVENANTS
FOR
RIPPY EXEMPTION PLAT
THIS DECLARATION is made this day of ,
by
RECITALS
Declarants are the owners of Lots 1, 2, 3 & 4, of the Rippy Exemption Plat, according to
the plat recorded as reception No. , County of Garfield, State of Colorado,
hereinafter the "property".
In order to enhance the establishment and enforcement of a general plan for the
architectural character, development and use of the property, Declarants desire to subject the
property to certain covenants, conditions and restrictions upon and subject to which the entire
property and every part thereof shall be owned, held, improved, used, occupied and transferred.
Accordingly, Declarants hereby make the following declarations:
I. GENERAL PROVISIONS
A. Establishment of Restrictions. Declarants, for themselves, their successors and
assigns, hereby declare that the property shall be owned, held, improved, used, occupied and
transferred subject to the provisions of this Declaration and to the covenants, conditions and
restrictions herein contained.
B. Definitions. The following definitions shall govern in the understanding and
interpretation of the Declaration:
1. Declarants. "Declarants" shall mean the undersigned and any successors and assigns of
the undersigned.
2. Improvements. "Improvements" shall mean and include, without limitation, buildings,
sheds, storage areas, parking areas, driveways, leading areas, fences, walls , hedges, mass
plantings, utilities, poles, signs, television and radio antenna and any structures of any type or
kind.
3. Shed. "Shed" shall mean a building with three (3) exterior walls or less.
4. Owner. "Owner" shall mean the person, firm or entity legally entitled to possession of
any lot, and, where the person, firm or entity entitled to possession does not own fee simple title
to such lot, shall also include the person, firm or entity owning fee simple title to such lot.
• •
II. REGULATION OF IMPROVEMENTS
A. Work in Progress. After commencement of construction of any improvements on a
lot, the owner shall cause such work to be diligently prosecuted to completion, so that the
improvement shall not remain in an unfinished condition any longer than reasonably necessary for
completion thereof. Failure to complete any improvement within eighteen (18) months after the
same is commenced shall constitute a violation of this covenant, which may be enforced by an
affirmative injunction requiring the removal of the partially constructed structure.
B. Landscaping.
1. Every lot on which improvements have been constructed shall be landscaped in the
setback areas and upon all unimproved areas which have been disturbed in compliance with this
provision. All landscaping shall be accomplished according to plans approved in advance by
Declarants, and maintained thereafter in a sightly, well -kept and healthy condition. All
landscaping shall be designed so as not to disturb the natural drainage.
criteria:
2. Unless otherwise approved by Declarants, all landscaping shall meet the following
a. All disturbed, unimproved areas shall be planted with grass.
b. Undisturbed areas may be left in their natural condition.
C. Parking Areas.
1. For each building constructed on a lot, sufficient parking areas shall be provided on the
lot, laid out and constructed according to plans approved in advance by Declarants, and
maintained thereafter in good condition and state of repair. All parking shall meet Garfield
County Standards.
2. No parking shall be permitted along frontage road.
3. All parking areas and driveways shall be designed so as not to disturb natural drainage
and drainage systems or cause erosion. Where access driveways cross drainage ditches or
irrigation ditches, culverts at least eighteen (18) inches in diameter shall be installed and
maintained by the Owner, unless otherwise approved by Declarants. All parking areas and
driveways shall be maintained in a condition to minimize the creation of dust.
4. Access driveways from adjoining roads shall be limited to the minimum required for
access to the lot. No continuous access driveways along adjoining roads shall be permitted unless
otherwise approved by Declarants. Access driveways on adjoining roads and for a two-way
driveway shall be subject to approval by Declarants.
•
D. Building Regulations. Unless otherwise approved in advance by Declarants, any
principal building erected on a lot shall conform to the following design and construction criteria:
1. Exterior Walls.
a. Exterior walls facing roads or streets shall be masonry, steel or concrete unless
Declarants shall approve otherwise.
b. To the extent possible, no intake or exhaust fans, ductwork or other mechanical
projections shall be mounted on the exterior walls of any building.
2. Colors. All colors used in the exterior treatment of buildings and other structures shall
be approved by Declarants and shall consist solely of non -reflective muted earthtones.
E. Storage Areas. No merchandise, supplies, equipment, including company owned
motor vehicles stationed on a lot, or materials of any kind shall be stored for long periods of time
in any area on a lot except inside a building, shed or screened area, or behind a sight obscuring
fence
F. Refuse. No trash, ashes, garbage or other refuse shall be thrown, dumped or otherwise
disposed of on any land within the property. No refuse shall be burned out of doors on the
property. No incinerator or other devise for the burning of refuse shall be constructed, installed
or maintained on the property, except with the prior written approval of Declarants. All refuse
shall be stored in metal containers which shall be kept inside a building, shed or screened fence.
G. Easements and Right -of -Way. No improvements shall be constructed, installed or
maintained along, on across or within the areas so established and reserved for easements and
rights-of-way, except as otherwise provided herein or with the prior written approval of
Declarants.
H. Lighting. Exterior lighting required for security purposes shall be subject to the
approval of Declarants.
I. Temporary Structures. No temporary structure, excavation, basement, trailer or tent
shall be permitted within the property, except as may be necessary during construction of
permanent structures or as expressly approved by Declarants!,xisiting mobile home hook-ups
are exempt from this requirement.
J. Maintenance.
1. All buildings and other improvements and all landscaping on any lot shall be kept in
good condition and repair.
2. All buildings and fences on any lot shall repainted or restained as often as wear and tear
• •
may reasonably require.
3. Should any building or other improvement on a lot be substantially damaged or
destroyed from whatever cause, all debris shall be promptly removed from the lot and the Owner
shall proceed promptly either to repair, rebuild or replace the damaged or destroyed improvement
or to remove the damaged or destroyed improvement and to restore the damaged portion of the
lot and landscape the same with landscaping approved by Declarants. Should the Owner elect to
repair, rebuild or replace damaged improvement, the plans and specifications therefor shall be
submitted to Declarants for approval in accordance with the other provisions of this Declaration.
4. Should a planting on a lot be substantially damaged or die, from whatever cause, it
shall forthwith be replaced with a planting or landscaping approved by Declarants.
K. Fences and Gates. Unless otherwise approved, all fences and gates on the property
shall be of galvanized chain link or better with top pipe rail unless otherwise approved by
Declarants.
III. REGULATIONS OF OPERATIONS AND USES.
A. Disposal of Waste Materials. Uses on the property are hereby restricted to industrial,
commercial and residential applications generating waste materials which can be handled by septic
systems approved by Declarants and governmental authorities having jurisdiction. The following
shall apply:
1. Waste water shall be limited to those types of wastes which are treatable by individual
systems, and shall not include waste such as petroleum products, solvents, toxins, industrial
process residues, radioactive or other wastes not so treatable.
2. Each owner shall cause holding tanks to be pumped and cleaned on a schedule
acceptable to the public authorities having jurisdiction.
3. Sufficient area shall be retained in the original design of individual systems to permit
the doubling of subsurface treatment disposal at a later date.
4. All waste water systems shall be designed by a registered professional engineer.
5. Each owner shall maintain records of pumping and cleaning of waste water treatment
systems for a period of not less than three (3) years and shall make such records available to
Declarants and governmental authorities having jurisdiction at reasonable hours at reasonable
locations.
B. Firearms. There shall be no discharge of guns or firearms on the property.
C. Required Fencing. All service, fabrication, repair operations and storage of materials
shall be enclosed by a sight obscuring fence at least six feet (6') in height.
• 1
IV. APPROVAL OF PLANS
No improvement, as that term is hereinabove defined, shall be erected, placed, altered,
maintained or permitted to remain on any lot until plans and specifications showing site plan,
design, floor plans, exterior elevations, exterior materials and colors, sign location and design and
landscape plan, shall have been submitted to and approved in writing by Declarants. Such plans
and specifications shall be submitted in writing over the signature of the Owner of the lot or his
authorized agent. Approval shall be based, among other things, on adequacy of site planning;
conformity and harmony of exterior design with neighboring structures; effect of location and use
of improvements on neighboring lots, improvements, operations and uses; relation of topography,
grade and finished ground elevation of the lot being improved to that of neighboring lots; proper
facing of main elevation with respect to nearby streets; and conformity of the plans and
specifications with the purpose and general plan of intent of the restrictions. Declarants shall not
arbitrarily or unreasonably withhold their approval of such plans and specifications. If Declarants
fail to approve or disapprove such plans and specifications within thirty (30) days after the same
have been received by Declarants, it shall be conclusively presumed that Declarants have approve
said plans and specifications, subject, however, to the requirements and restrictions contained in
Articles II and III hereof.
Neither Declarants nor their successors or assigns shall be liable in damages to anyone
submitting plans for approval, or to any Owner of a lot affected by this Declaration, by reason of
mistake in judgment, negligence, or nonfeasance, arising out of or in connection with the approval
or disapproval or failure to approve any such plans. Every person who submits plans to
Declarants for approval agrees, by submission of such plans, and every Owner of lots with the
property agrees, by acquiring title thereto, that he will not bring any action or suit against
Declarants to recover any such damages.
V. COMPLIANCE WITH LAW
Notwithstanding any other provisions of this Declaration to the contrary, each Owner shall
comply with all federal, state, county, municipal and other statutes, charters, laws, rules, orders,
regulations and ordinances of every kind or nature whatsoever affecting such Owner's lot and the
occupancy, operation or use thereof (including, without limitation, the construction and
maintenance of improvements thereon).
VI. EFFECT OF DECLARATION
Each provision of the Declaration and an agreement and undertaking to comply with the
provisions of this Declaration, shall: (a) be deemed incorporated in each deed, lease or other
instrument by which any right, title or interest in any part of the property is granted, conveyed,
demised or transferred, whether or not set forth or referred to in such instrument; (b) by virtue of
acceptance of any right, title or interest in any part of the property by an Owner, be deemed
accepted, ratified, adopted and declared as a personal covenant of such Owner, and, as a personal
covenant, shall be binding on such assigns; and (c) a covenant real which shall run with the land
and burden the title thereto and shall be binding upon and insure to the benefit of Declarants and
• 1
the Owners, from time to time, of lots within the property.
VII. ENFORCEMENT AND REMEDIES
A. Suit. If any owner shall violate or threaten to violate or fail to comply with any of the
provisions of this Declaration, it shall be lawful for Declarants and/or any other Owner to institute
and prosecute suit at law or in equity to enforce the provisions of this Declaration, to restrain or
enjoin such violation or threatened violation or to require compliance with such provision, and to
recover damages, actual and punitive, for any such violation; provided, however, that no such suit
shall be brought or allowed as to any such alleged violation or alleged non-compliance with any of
the provisions of this Declaration where Declarants shall have approved the name as in
compliance with the Declaration or as an approved variance hereunder, and such written approval
by Declarants shall be conclusive evidence of compliance with this Declaration.
B. Action by Declarants. In addition to the remedies stated above, if, with respect to any
lot, there is a violation of, or failure to comply with, any of the provisions of Article II, Article III
or Article IV hereof, then Declarants shall have the right. at their option, to cure the violation or
effect, as the case may be, at the expense of the Owner of the lot.
C. Inspection. Declarants may from time to time at any reasonable hour or hours, enter
and inspect any property subject to this Declaration to ascertain compliance with the provisions
hereof.
D. No Waiver. With the exception of the time limit for action by Declarants contained in
the last paragraph of Article IV, the failure of Declarants or any Owner to enforce any provision
of this Declaration shall in no event be deemed to be a waiver of the right to do so thereafter nor
of the right to enforce any other provisions of this Declaration.
VIII. RIGHTS OF MORTGAGEES
No violation of, or failure to comply with, any the provisions of this Declaration and no
action to enforce any such provision shall adversely affect, defeat, render invalid or impair the lien
of any mortgage, deed of trust or other lien on any lot taken in good faith and for value and
perfected by recording in the office of the County Clerk and Recorder of Garfield County,
Colorado, prior to the time of recording in said office of an instrument describing such lot and
listing the name or names of the Owner or Owners of fee simple title to the lot and giving notice
of such violation or failure to comply. No such violation, failure to comply or action to enforce
shall adversely affect, defeat, render invalid or impair the title or interest of any person or entity
(including the holder of any such mortgage, deed of trust or other lien) acquired upon foreclosure
of any such mortgage, deed of trust or other lien or result in any liability, personal or otherwise,
of any such person or entity; provided, however, that any such purchaser on foreclosure shall take
the lot subject to all of the provisions of this Declaration.
• •
IX. DURATION AND AMENDMENT
This Declaration of Protective Covenants, and any amendments hereto, shall remain in full
force and effect until January 1, A.D. 2015, and for successive five (5) year periods thereafter,
unless sooner terminated as hereinafter provided. This Declaration or any provision hereof, may
be amended or sooner terminated, as to the whole of the property or any portion thereof, with the
written consent of the persons, firms or entities owning fee simple title to at least seventy-five
percent (75%) of the lots in the property and where the person, firm or entity owning fee simple
title to the lot has granted the right of possession of the lot to another person, firm or entity, as
evidenced by instrument of record, the joinder of both fee simple title owner of such lot and the
party to whom the right of possession thereof has be so granted shall be required as to such lot for
such lot to be included within the seventy-five percent (75%) or more consent provision; provided
further, however, that so long as Declarants own fee simple title to at least twenty percent (20%)
of the property subject to this Declaration, no such amendment or sooner termination shall be
effective without the written approval of Declarants thereto.
X. ASSIGNMENT AND DELEGATION BY DECLARANTS
Any and all of the rights, powers, reservations and duties of Declarants herein contained
may be assigned to any person, firm or entity which will assume the duties of Declarants
pertaining to the particular rights, powers, reservations and duties assigned, and upon any such
persons, firm or entity evidencing its consent in writing to accept such assignment and assume
such rights, powers, reservations and duties, they shall, to the extent of such assignment, have the
same rights and powers and be subject to the same obligations and duties as are given to and
assumed by Declarants herein.
Declarants may also from time to time delegate any and all of the rights, powers and duties
with respect to the approval of plans provided for in Article IV hereof and with respect to the
rights of approval provided in Articles II and III hereof to an Architectural Control Committee
selected by Declarants. Declarants shall promptly notify the Owners of all lots on the property of
any such delegation.
XI. HEADINGS
Article and paragraph headings are inserted for convenience only and are not intended to
be a part of this Declaration or in any way to define, limit or describe the scope or intent of the
particular Articles or paragraph to which the refer.
XII. SEVERABILITY
Invalidity or unenforceability of any provision of this Declaration in whole or in part shall
not affect the validity or enforceability of any other part of such provision or of any other
provision of this Declaration.
• •
XIII. LIMITED LIABILITY
Neither Declarants nor their successor or assigns shall be liable to any party for any action
or for any failure to act with respect to any matter, if the action taken or failure to act was in good
faith and without malice.
IN WITNESS WHEREOF, Declarants have executed this Declaration on the day and year
first above written.
RIPPY EXEMPTION PLAT
By:
• •
LAND TITLE
CL.:,APANTEE
COMPANY
Representing Old Republic
National Title Insurance Company
April 12, 1995
Mr. Pat Fitzgerald
Coldwell Banker, Glenwood Brokers
1416 S. Grand Avenue
Glenwood Springs, Co 81601
Dear Pat:
The attached maps show the legal descriptions of 420/599 and 691/66 as drawn
out on our deed plotter program.
I hope this will serve to clarify any questions you may have.
Sincerely,
euu 444v
Cindy Chran
Title Examiner
•
817 Colorado Avenue Suite 102 P. O. Box 2102 Glenwood Springs, CO 81602 (303) 945-2610
FAX (303) 945-4784
APR 12 '95 09:34AM LAND TITLE ASPEN
"'pat of Deed Calls for: 42011119
=,5. s
'420/599
Scale : 88 ft/in
North Shift: +0
East Shift : +0
DMS Rotated: +000.0000
1=11951=
P.4
G 9
AREA
Acres
Sq. Feet .
Sq. Meters:
Perimeter
0.572
24908
2314.0
796.43
c s m s M m$ a
.. CLOSING ERROR ..
Bearing: CLOSED
Feet : 0.00
Meters : 0.001
Precision: 1/171441
1. /SE,SE,NE,05,06S,91W
2. /S01.2039W 1020.40
3. 828.5907W 300.75
4. S35.1747W 32.26
5. 854.4452W 24.93
6. N00.1818W 242.67
7. N71.4834E 195.82
l-/w/s--g
APR 12 '95 09:33AM LAND TITLE ASPEN
.Plat of Deed Calls tor: 6 6
PLOT OF DEED CALLS OF 691 66
3
691/66
Scale : 88 ft/in
North Shift: +0
East Shift : +0
DMS Rotated: +000.0000
1. /SE,SE,NE,5,63,91W
2. /S00.5000E 976.22
3. 689.1000W 143.49
4. S46.3216W 158.98
5. 835.1334W 176.93
6. 889.0734W 74.90
7. 502.4443E 100.18
8. N89.0734E 216.88
9. N30.4037E 322.00
in. N00.5000W 76.17
AREA
Acres : 1.809
Sq. Feet : 78782
Sq. Meters: 7319.1
Perimeter : 1269.53
3 O
P.2
.. CLOSING ERROR ..
nearing: N89.0743E
Feet : 50.99
Meters : 15.542
recision: 1/25
)
WA,A, P. u, , July 21, 1'71 BOok
420590
m 1A Stgghens n.Mrdtr
JIM DEED, Made this .16th . day of July
:between ADAIR RIPPY
of the Conntyof Garfield
Colorado, of the first part, and PAULINE R I PPY
of the County of Garfield and state of
Colorado, of the second part,
WITNESSETH, That the said part y of the first part, for and in consideration of the mum of
TEN DOLLARS and other good and valuable consideration - 131XXXKS,
to the said part y of the first part in hand paid by the said part y of the second part, the receipt whereof
is hereby confessed and acknowledged, ha S remised, released, sold, conveyed and QUIT CLAIMED, and by
these presents do es remise, release, sell, convey and QUIT CLAIM unto the said part Y of the second part,
her heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said
part y of the first part haS •in and to the following described lot or parcel of land situate, Lying and
being in the County of Garfield and State of Colorado, to wit:
A parcel of land situated in Section Five (5), Township 6 South,
Range 91 West•of 6th P.M., said parcel being described as follows:
Beginning at a point whence the East 1/4 corner of said section fiv
bears north- 01°20'39".E. 1020.40 feet; thence S:.28°59'07" W. "
300.75•feet; thence S. 35°17'47"'W. 32.26 feet; thence S. 54°44'
52" W. 24.93 feet; thence N. 00°18'18" W. 242.67 feet; thence N.
71°48'34" E. 195.82 feet to the pointof beginning. Together with
a water line easement through a parcel of land situate in Garfield
County, Colorado in Section 5, Township 6 South, Range 91 West
of the 6th Principal Meridian. Said easement is twenty feet wide,
with ten feet on each side of the following. described centerline:
beginning at a water well, whence the East 1/4 corner of said
Section 5 bears N 04°30'02" E. 578.24 feet; thence S. 01°05'33"
••W. 239.66 feet; thence S. 89°21'50" W. 127.00 feet to a manhole;
'•thence S. 00°51'53" W. 254.19 feet to the northerly boundary of a
-57 acre tract of land. The side lines on the southerly end.of
Rai,ghsTy6mBstnaEFvlengthened or shortened.to terminate On said
TO HAVE AND TO HOLD the same, together with all and singular the appurtenancea and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
said part 'y of the first part, either is law or equity, to the only proper use, benefit and behoof of the said
part Y of the second part, her heirs and assigns forever.
IN WITNESS WHEREOF. The said party ofthe first part ha Sto set his hand
and seal the day and year fust above written.
Signed, Sealed and Delivered in the Presence of
airy 1PPY [SEAL]
[SEAL]
[SEAL]
[SEAL]
STATE OF COLORADO,
fit' °fGarfield:
The foregoing instrument was aclmowledged before me thin 16th , day of July
1971 ,by Adair Rippy
•r DUp,.
oozes. 19 . Witness y hand and official aeaL
Cpipe. SIGN E .1IS.SIULY25,t974
t ..c.+
•
14
%MR:%NT% DEED IMO 691 nag 66
M.r ar third
msn� Mt* ttI9P
• Cr.yr .f
Garfield
cek..-4n Rte. w PAULINE RIPTT----
ad►ut lots,,9 lake.. IN
oath' t' mos, ,o Carf ie l d sad Swan d Coln -e& p"`e
Wft I SFTM, lh,. the ».w.- n' rs,1 us ;,...k a.r .r w....4 a di'eision of marital asset•
pursuant to a dissolution of marriage tea..•
owR,,,owo,.•,tti:.w..:.r'.t'• -,r,•.>.$ gr. seslent 1...: -• mod .hatawed...4dawl r s d_aredM,lr.ttame^atenp ed. harpy. d. 1
Hasner mai nwM., .... • dr . r,rrc I•44..to to sud....c,mif
. orrery an dor ear pommy) Ramer sale mgatwe'rane,. ,t waWilde.*in. ye. y. ad *�Ode
.......4 Garfield sr %two, G,keado drvided as Wan..
8eginnina at a point on the east line of Sec. 5, Trip. 6 S., R. 91 V., 6th P.M.
whence the Fast ): Corner of said Sec. 5 bears N. 0' 50'00" V.. 976.22 f....t;, iiiiI
thence 5 99'10'10" W., 143.49`eet: thence S. 46.32'16" W., 158.98 feet; thence
S. 35'13'34" W.. '76.93 feet: thence S. 89'07'34' V. 74.90 feet: thence S. 2'44'
43" F.. 10 .18 feet; thence N. 89'07'14" E. 216.88 feet: thence N. 30'40'37" R.,
322.,",0 feet along the top bank of the Colorado River: thence N. 0'50'00" V.,
76.17 feet along the east line of Section 5 to the point of beginning. containing,
2.n01 acres, more or less; TOt:1'TRER WITH easements necessary for ingress and j
egress, for voter service lines, and domestic water rights sufficient to serve I
the rropertv.as now improved. The Warranties herein contait id to not appy to
the domestic eater rights which are quit claimed.
P.D. 8cx 1207. Glenwood Springs, CO 81602
,r
a kn. en ,•a .ntct ae.t ,.r.•t.'r a. 1
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ENARTECH Inc.
April 21, 1995
Mr. Orlyn Bell
Colorado Division of Water Resources
P.O. Box 396
Glenwood Springs, CO 81602
ConsultingEngineers and Hydrologists s :..1 "1' ' • ,1
9i._�..�.
RE: Adair Rippy Subdivision Exemption
Case No. 82CW145
Dear Orlyn:
��R �
2 1995
GAHt:IELD COUNTY
We have been retained to address water use and water right considerations for a four lot
commercial subdivision located several miles west of New Castle between Interstate 70 and the
Colorado River. The subdivision is located on a 18.5 acre parcel of land owned by Adair Rippy.
A water right plan for augmentation was decreed for this four lot development in Case No.
82CW145. Recently, Garfield County approved an exemption plat for the subdivision, subject to
certain conditions. These conditions include verification from the Division of Water Resources
that the water supply decreed in Case No. 82CW145 is consistent with the proposal.
Based on our review of this proposal, we conclude that the development is consistent with the
augmentation plan decreed for the property. Our conclusions and findings occur below.
Water Right Plan for Augmentation
A water right pian of augmentation was decreed for the four parcel subdivision in Case No.
82CW145. A copy of the Ruling of Referee for the case is provided in Attachment 1.
The plan for augmentation decreed three wells as the source of supply for the development; Rippy
Wells No. 1 through 3. The wells were each adjudicated for 0.067 cfs.
The wells are augmented by partial cessation of irrigation of Mr. Rippy's shares in the Ware and
Hinds Ditch. Specifically, the applicant permanently dried up 6.3 acres of land under the ditch
and received a consumptive use credit of 10 acre feet per year. The 6.3 acres of land removed
from irrigation was a portion of a larger parcel of land removed from irrigation on the Rippy
Property by the construction of Interstate 70.
302 Eighth Street, Suite 325 P.O. Drawer 160 Glenwood Springs, Colorado 81602 (303) 945-2236
Mr. Orlyn Bell
Page - 2
• •
Annual consumptive water use for the development was decreed to be 10 acre feet per year, with
no more than 2 acre feet of consumptive use occurring outside of the irrigation season (paragraph
22j of the ruling). Non -irrigation augmentation water (up to 2 acre feet) was to be provided by
releases from the Rippy Pond, which was also decreed in this case.
As you are aware, non -irrigation season water right calls do not occur at this location. As a
result, there is no need to construct or operate the decreed storage pond at this time. If non -
irrigation season augmentation is required in the future, either the proposed pond may be
constructed, or Ruedi Reservoir water could be purchased from the West Divide Water
Conservancy District.
The augmentation plan requires that the applicant keep records of water use, including an
estimate of total annual consumptive water use associated with well diversions. These records are
to be supplied to the Division Engineer's Office annually.
The wells and the pond are conditionally decreed. Diligence applications have been subsequently
approved by the Court in Case Nos. 88CW371 and 94CW227.
Groundwater Wells and Well Permits
The decree directed the State Engineer to issue drilling permits for the three wells. Three permits
were subsequently issued by the State; 34301-F, 34302-F and 34303-F.
The three wells have been drilled and are located at their decreed locations. We have discussed
the status of the well permits with Dwight Whitehead of your office. Based on this conversation,
it appears that the legal description in the well permits is incorrect, and does not conform with the
actual and decreed locations of the wells. Specifically, Range 93 West is identified in the permits,
while the wells are actually in Range 91 West. Dwight suggested that new permits be filed
containing the corrected legal descriptions. We are in the process of preparing the amended
permit applications and anticipate that they will be submitted to the State in short order.
Subdivision Water Use
The subdivision is comprised of four commercial lots. Each lot is approximately 4.62 acres in
size. Uses allowed by the commercial zoning include office facilities, commercial establishments
and contractors yards. A single or multi -family dwelling is also an authorized use for each lot. At
this time, it is anticipated that each lot will be used for commercial purposes such as a contractors
storage yard. In this regard, commercial warehouse, office and storage facilities may be
Mr. Orlyn Bell
Page - 3
• •
constructed on each lot. These facilities will require potable water for employees and other
personnel. In addition, water may be used for greenspace irrigation adjacent commercial facilities
located on each parcel.
Water will be provided to each lot by a central water system supplied by the decreed wells. Water
from the central system will be used to provide potable water supplies to the on-site commercial
facilities. All water used for domestic purposes will be treated by individual wastewater systems.
Consumptive use associated with this type of disposal system is typically less than 15 percent.
The augmentation plan limits irrigation from the wells to a total of one acre. Accordingly,
irrigation from the well system will be limited to no more than 0.25 acres per lot. If additional
irrigation is desired, such water will be delivered by the Ware and Hinds Ditch.
We conservatively estimate that the subdivision would be occupied by no more than 40 persons at
one time. Assuming a water use of 100 gallons per capita day (which is high for commercial type
uses) and a year round occupancy of 40 persons, the annual consumptive use associated with
potable water supplies would not exceed 0.7 acre feet per year. Total consumptive use, assuming
one acre of greenspace irrigation, would be less than three acre feet per year.
Even though the anticipated consumptive water use is well below the 10 acre foot limit approved
in the augmentation plan, the applicant will monitor water use at the subdivision. As directed by
the approved plan for augmentation, the applicant will keep a record of well diversions and will
estimate consumptive water use for the development. This information will be provided to the
Division Engineer as provided in the plan. In addition, in order to ensure that consumptive water
use does not exceed the 10 acre foot limit decreed in the plan, water use on each lot will be
limited to the following:
- annual consumptive water use on each lot will not exceed 2.5 acre feet.
- greenspace area irrigated by the Rippy Wells will not exceed 0.25 acres on each lot.
Conclusions
We conclude that water use associated with the subdivision is consistent with the plan for
augmentation decreed in Case 82CW145. This plan will provide a reliable water supply for the
development without injury to other decreed water rights.
Mr. Orlyn Bell
Page - 4
• •
The applicant intends to obtain a final plat for the subdivision in early May. As outlined above,
Garfield County has requested verification from the Division of Water Resources that the water
supply approved in 82CW145 is consistent with the proposed subdivision. In this regard, we
would appreciate comments by the Division of Water Resources to this office prior to May 8th.
If you have any questions, or if we can provide any additional information, please do not hesitate
to contact me.
Sincerely,
ENARI hCH, INC.
\C -ch
Kerry D. undeen
Hydrologist
KDS/jlw
Enclosure
cc: Mark Bean
K413-01 (K413_0IA)95
• •
ATTACHMENT 1
PLAN FOR AUGMENTATION
•
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Fllru I'I'_'(.i1 ICT COURT
5, CCLO..ADO
OCT 31 1284
Application No. 82CW145
MARIE TALAMAS, CLERK
RULING OF REFEREE
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF ADAIR RIPPY, IN THE
COLORADO RIVER, IN GARFIELD COUNTY
The above entitled application was originally filed on June 18, 1982, 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 13th day of July,
1982. An amended application was filed on December 7, 1983, and the second
amended application was filed on December 21, 1983. Said amended applications
were referred to the Water Referee by the Water Judge on the 17th day of
January, 1984. All of the above proceedures are in accordance with Article 92
of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right
Determination and Administration Act of 1969.
On August 31, 1982, a Statement of Opposition was filed on behalf of Jeris
A. Danielson, State Engineer, and as a result, on September 27, 1982, the
application was re-referred by the Water Referee to the Water Judge for Water
Division No. 5.
On August 22, 1984, as a result of negotiations between the Applicant and
the Opposer, a Stipulated Motion for order re -referring the Application to the
Water Referee, and a proposed Ruling of Referee, were filed by the Applicant
and the Opposer and on August 23, 1984, the application was again referred to
the Water Referee by the Water Judge for Water Division No. 5.
And the undersigned Referee having made such investigations as are
necessary to determine whether or not the statements in the second amended
application are true and having become fully advised with respect to the
subject matter of the second amended application does hereby make the following
determination and ruling as the Referee in this matter, to -wit:
1. The statements in the second amended application are true, except as
revised as a result of negotiations between the Applicant and the Opposer in
the Stipulation and proposed ruling of Referee.
2. The name of the wells are as follows:
Rippy Well #1,
Rippy Well #2,
Rippy Well #3.
• •
82CW145
3. The name and address of the applicant is Adair Rippy; P.O. Box 138;
New Castle, Colorado.
4. The source of the water for the wells is the Colorado River alluvium.
5. The legal descriptions of the locations of the wells are as follows:
Rippy Well No. 1 is located in the NE1/4 SE1/4 of Section 5, T. 6 S.,
R. 91 W. of the 6th P.M. at a point 1,773 feet North of the South
line and 215 feet West of the East line of said Section 5.
Rippy Well No. 2 is located in the NE1/4 SE1/4 of Section 5, T. 6 S.,
R. 91 W. of the 6th P.M. at a point 1,913 feet North of the South
line and 50 feet West of the East line of said Section 5.
Rippy Well No. 3 is located in the NE1/4 SE1/4 of Section 5, T. 6 S.,
R. 91 W. of the 6th P.M. at a point 2,063 feet North of the South
line and 50 feet West of the East line of said Section 5.
6. The proposed use of the water is irrigation, municipal and domestic.
7. The date of initiation for the appropriation for each of the wells is
January 1, 1970.
8. The amount of water claimed in the application is as follows:
Rippy Well #1: 0.067 cubic foot of water per second of time.
Rippy Well #2: 0.067 cubic foot of water per second of time.
Rippy Well #3: 0.067 cubic foot of water per second of time.
9. The within appropriation was initiated by construction of the three
wells in question and formation of intent to apply water to beneficial use.
CLAIM FOR WATER STORAGE RIGHT
10 The name of the Reservoir is Rippy Reservoir.
11. The legal descriptions of the locations of the two alternate places
of storage for Rippy Reservoir are as follows:
(a) Alternate No. 1 is located in the SW1/4 SE1/4 of Section 5, T. 6
S., R. 91 W. of the 6th P.M. with approximately 0.5 surface acre;
(b) Alternate No. 2 is located in the SE1/4 SE1/4 of Section 5, T. 6
S., R. 91 W. of the 6th P.M. with approximately 0.5 surface acre.
12. The source of the water for Rippy Reservoir is Elk creek, tributary
to the Colorado River, by diversion through the Ware and Hinds Ditch.
13. The proposed use of the water stored in Rippy Reservoir is
irrigation, municipal, domestic, fire protection, industrial and recreation, in
connection with the operation of the Plan for Augmentation as described herein.
. 03/21/1595 14:29 3039455217
•
82CW145
GLENWOOD BROKERS
•
PAGE 02
14. The date of initiation of the appropriation for Rippy Reservoir is
May 10, 1982.
15. The amount of water claimed for Rippy Reservoir is 2 acre feet, of
which the entire capacity is active storage, and 0 acre feet are devoted to
dead storage.
16. The within appropriation was initiated by engineering evaluation of
water requirement, location of reservoir site fn the field, and formation of
the intent to appropriate and apply water to beneficial use.
CHANGES OF WATER RIGHTS, TYPE OF USE,
ALTERNATE P INS F I N PLAN FO GMENTATION
17. Irrigation water rights owned by applicant which are the subject
matter of the within action, their sources, direct flow decreed amounts,
adjudication dates, appropriation dates, District priority numbers, are as
follows:
TOTAL
Decree Court Adjudication Appropriation Amount Amount
Priority Date Date (cfs) Diverted
Number to Aug-
mentation
Plan
Original 15 05/11/1889 10/01/1883 5.0 .30
1st enl. 57 05/11/1889 03/01/1886 6.5 .39
Supplemental 04/17/1890 03/01/1886 3.8 .23
2nd Enl. 136 05/11/1889 05/01/1888 5.5 .33
3rd Enl, 154c 06/15/1898 03/03/1896 0.2 .01
4th Enl. 155 11/15/1897 04/18/1896 1.6 .10
5th Eni. 157 12/18/1900 10/08/1898 3.6 .22
6th Eni. 220U 11/23/1943 03/04/1921 21.3 1.28
47.5 2.86
All of the above water rights are from the Ware and Hinds Ditch,
which has as its source Elk Creek, a tributary of the Colorado
River. Applicant owns 32 shares of the Ware and Hinds Ditch which
represents a 2.8% undivided interest in each of the above listed
priorities.
18. Applicant's application requests the following described changes of
-3-
82CW145
• •
water rights:
(a) Applicant requests an alternate point of diversion for its
interest in the Ware and Hinds Ditch, which would enable applicant to
divert said water at the point of diversion of the Rippy Wells #1,
#2, and #3, which points of diversion are described hereinabove.
(b) Applicant requests a change of water rights to use the water
heretofore decreed for irrigation purposes to the Ware and Hinds
Ditch for irrigation, municipal, domestic, fire protection,
industrial, recreation, aesthetic, and all other beneficial uses.
Aesthetic is not a recognized beneficial use of water. "All
other beneficial uses" is so vague as to be meaningless.
19. Applicant's plan for augmentation requests approval to increase the
water supply available to the Rippy Wells #1, #2, and #3, and Rippy Reservoir,
by virtue of partial cessation of use of applicant's interest in the Ware and
Hinds Ditch decrees described hereinabove within the historic irrigation
season. Applicant intends to increase the supply of water outside the historic
irrigation season by virtue of releases from the Rippy Reservoir.
20. On December 30, 1982, applicant submitted Well Permit Applications to
the State Engineer for Rippy Wells #1, #2, and #3. The State Engineer denied
said permits on December 2, 1983.
21. The Referee does therefore conclude that the above -entitled
application for ground water rights and storage rights should be granted and
that the amounts set forth in paragraphs 8 and 15 hereinabove are awarded
conditionally for irrigation, municipal, domestic, fire protection, industrial,
and recreation, either directly or by exchange, with appropriation date to the
Rippy Wells of January 1, 1970, and with respect to Rippy Reservoir of May 10,
1982; subject, however, to all earlier rights of others and the integration and
tabulation by the Division Engineer of such priorities and change of rights in
accordance with law.
22. The Referee, having completed the necessary investigations, and
having consulted with the appropriated Division Engineer as mandated by C.R.S.
1973, 37-92-302(4), does conclude that the above described application for
underground water rights and the above described application for change of
water rights may be approved to the extent required by the operation of the
Plan for Augmentation, and the Plan for Augmentation as set forth herein, may
be approved, all without injuriously affecting the owner of or persons entitled
to use water under a vested water right or a decreed conditional water right;
subject, however, to the following conditions:
(a) Applicant shall dry up 6.3 acres of historically irrigated
land. Approximately 10 acres that were historically irrigated by
this water right and owned by applicant have already been dried up as
a result of the construction of I-70 and the applicant is entitled to
\O
' 82CW145
• •
the consumptive use credit for such water. The legal description of
the acreage dried and devoted to this augmentation plan is described
in Exhibit A, attached hereto and incorporated herein by this
reference. The approximately 10 acres dried up by the construction
of I-70 have historically been irrigated by the use of 11 shares of
the Ware and Hinds Ditch and such shares, to the extent necessary
under this augmentation plan, shall be used to serve four commercial
parcels located on all that part of Lot 5 of Section 5, Township 6
South, Range 91 West of the 6th P.M. lying south of Interstate No. 70
EXCEPT that property described in Book 346 at Page 216 of the records
of Garfield County, Colorado, a total of 17.4 acres, more or less.
(b) Applicant shall construct the Rippy Reservoir in such a fashion
that releases from said Rippy Reservoir can be made to the Colorado
River System and that said releases may be measured in order to
enable the Division Engineer to administer this augmentation plan.
(c) Applicant shall install totalizing meters on all wells, and
require flow meters to measure the amount of water delivered to each
water user.
(d) In order to comply with a resolution of the shareholders of the
Ware and Hinds Ditch Company, the water dedicated to the Plan for
Augmentation will continue to be diverted into and carried by the
Ware and Hinds Ditch, to Rippy's historical headgate location on the
Ware and Hinds Ditch.
(e) Applicant will irrigate no more than a total of 1 acre out of
Rippy Wells #1, #2, and #3.
(f) Applicant or his assigns shall keep records of the operation of
this plan for augmentation, including record keeping, and shall
annually report to the Division Engineer the following information:
i. The amount of water pumped by each well during the past
year;
ii. The amount of water delivered to each user during the past
year;
iii. The square footage irrigated by the wells during the past
year;
iv. The basis for, and the estimated consumptive use of well
water for irrigation and for each commercial user, including
reservoir evaporation, during the past year;
v. The amount of ditch water delivered to the river during
the past year;
82CW145
vi. The amount of ditch water delivered to the reservoir
during the past year;
vii. The amount of acres irrigated by ditch water during the
past year;
viii The person who will be responsible for preparing the
annual report for the succeeding year; and
ix. The projected water use and consumptive use for all uses
in reservoir evaporation for the succeeding year.
(g) This decree shall affect only that portion of applicant's
interest in the Ware and Hinds Ditch necessary to operate this
augmentation plan.
(h) The Court shall retain continuing jurisdiction of this matter
pursuant to C.R.S. 1973, 37-92-304(6), for a period of three years
after the water usage within this plan of augmentation is in full
operation.
(i) Water May be diverted under this plan only to the extent water
is actually available at the original points of diversion of the Ware
and Hinds Ditch.
(j) Applicant's historic use of the applicant's interest in the Ware
and Hinds Ditch priorities above-described has been to irrigate a
total of 28 acres, consumptively using 44.8 acre feet per annum
average. The consumptive use attributable to applicant's development
shall not exceed 10 acre feet per annum average or 2 acre feet in the
non -irrigation season as reasonably determined by the Division
Engineer. The balance of app'icant's consumptive use credit of 34.8
acre feet per annum shall not be changed as herein requested, nor
devoted to this augmentation plan.
THE REFEREE DOES THEREFORE CONCLUDE that the above -entitled application
should be granted as follows:
23. Rippy Well No. 1, No. 2, and No. 3, at the locations as described in
paragraph 5 above, are each hereby awarded a conditional water right for 0.067
cubic foot of water per second of time, to be used for irrigation, municipal
and domestic purposes, with appropriation date of January 1, 1970, provided
always that said water rights are on the condition that said quantities of
water be diverted and applied to beneficial use within a reasonable time;
subject, however, 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.
24. The changes of water rights requested by applicant as described in
—6—
82CW145
• •
paragraph 18 hereinabove are approved only to the extent necessary to operate
applicant's plan for augmentation as set forth in paragraphs 19 and 22. The
wells decreed herein may only operate when all terms and conditions of the plan
for augmentation decreed herein are met.
25. Rippy Reservoir, at the alternate points of diversion as described in
paragraph 11 above, is hereby awarded a conditional water storage right for 2.0
acre feet of water, to be used for irrigation, municipal, domestic, fire
protection, industrial and recreation purposes in connection with the operation
of the Plan for Augmentation described herein, with appropriation date of May
10, 1982, provided always that said water storage right is on the condition
that said 2.0 acre feet of water be stored and applied to beneficial use within
a reasonable time; subject, however, 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.
26. The Referee also concludes that the portion of the water rights owned
by applicant described in paragraph 17 hereinabove may be used for the
following additional purposes: municipal, domestic, irrigation, fire
protection, industrial and recreation, by diversion into storage for later
beneficial use, or by diversions into storage in operation of the plan for
augmentation as hereinabove described.
27. The Referee also concludes that an undivided 22% of applicant's
interest in the above-described priorities, or .06% of all of the
above-described priorities, be devoted to this augmentation plan to be operated
as described in paragraphs 19 and 22.
28. The Office of the State Engineer is hereby directed to issue drilling
permits for Rippy Well No. 1, Rippy Well No. 2 and Rippy Well No. 3 in
accordance with the terms of this decree.
29. This decree shall become final upon its entry except that in
accordance with C.R.S. 1973, 37-92-304(6) as amended, any water user may reopen
this decree for reconsideration of the question of injury to his vested rights
within a period of three years after water service is furnished to 100% of the
commercial units allowed by Garfield County upon the lands described in Exhibit
B hereto, and applicant has given written notice to the Court and the parties
hereof that such event has occurred.
30. As to the water rights conditionally awarded herein, an application
for quadrennial finding of reasonable diligence shall be filed in October of
1988 and in October of every fourth calendar year thereafter so long as
claimant desires to maintain these conditional water rights or until a
determination has been made that these conditional water rights have become
absolute water rights by reason of the completion of the appropriations.
It is accordingly ORDERED that this ruling shall be filed with the Water
Clerk, subject to judicial review.
8 2.0 14 5
•
It is further ORDERED that a copy of this ruling shall be filed with the
appropriate Division Engineer and the State Engineer.
a ro4rE4 .3i, i 98Q
BY THE REFEREE:
W�Ce�'Referee
er Division No. 5
State of Colorado
No protest was filed in this matter, and accordingly the foregoing
ruling is confirmed and approved, and is made the Judgment and Decree of
this court; provided however, that the approval of this change of water
right and Plan for Augmentation shall be subject to reconsideration by the
Water Judge on the question of injury to the vested rights of others
during any hearing commencing in the three calendar years after water
service is furnished to all of the commercial units allowed by Garfield
County upon the lands described in Exhibit B hereto, and the Court has
received written notice that such event has occurred.
_o_
Dated /C 2r /% i
ater -1-
-Judge
---.;n:1
--f ' I A n rte_
tom_
r
•
_44
�%�i�
•
EXHIBIT A
All the westerly 6.3 acres of a parcel of land situated in
Section 5, Township 6 South, Range 91 West of the 6th P.M.,
said parcel being described as follows:
Beginning at a point whence the East quarter corner of said
Section 5 bears No. 01°45' E. 665 feet; thence W. 08°00' S.
1310 feet; thence N. 00°00' E. 303 feet; thence E. 08°00' N.
1310 feet; thence S. 00°00' E. 303 feet to the point of
beginning.
STATE OF COLOIADO
DIVISION OF WATER RESOURCES
WATER DIVISION FIVE
Office of the State Engineer
Department of Natural Resources
50633 U.S. Hwy 6 & 24
P.O. Box 396
Glenwood Springs, CO 81602
Phone (303) 945-5665
FAX (303) 945-8741
Kerry D. Sundeen
Hydrologist
Enartech Inc.
P 0 Drawer 160
Glenwood Springs, CO 81601
April 25, 1995
Re: 82CW145 - Adair Rippy Subdivision Exemption - Augmentation Plan
Dear Kerry:
-- Roy Romer
Governor
James S. Lochhead
Executive Director
Hal D. Simpson
State Engineer
Orlyn J. Bell
Division Engineer
I've reviewed your letter dated April 21, 1995 and augmentation plan in Case No. 82CW145.
I concur with your assessment and conclusion set forth.
By copy of this letter I'm verifying that the water supply decreed in 82CW145 is consistent
with the proposal. An accounting form consistent with the conditions in Paragraph 22(0 of the
decree needs to be submitted and included with the county plat file. Additionally, valid well permits
must be obtained before the wells are used, along with installation of metering devices on the wells
and measuring flumes on the Rippy Ditch lateral and river replacement ditch.
Respectfully,
J. ell
OJB/nch
cc: Mark Bean, Garfield Planning Dept.
Division Engier
• •
COLDWELL BANKER
THE GLENWOOD BROKERS
970-945-6000
1416 Grand Ave.
Glenwood Springs, CO 81601
TELECOPIER 970-945-5217
TO: Mark Bean and Don Deford
FROM: PAT FITZGERALD
DATE: May 12, 1995
SUBJECT: Adair Rippy Subdivision Exemption
Attached for your review are the following items:
1. Plans and specifications for domestic water supply system
as prepared by Peter Belau of Enartech;
2. Accounting form to be used with augmentation plan as
requested by Orlyn Bell as prepared by Kerry Sundeen;
3. Previously submitted letter from Orlyn Bell stating that
the water supply plan is consistent with the proposal;
4. We have reconstructed the ditch along the front (north)
line of the property and I attach Peter Belau's letter to the
effect that it is adequate to carry the decreed water;
5. A print of the plat is enclosed with the required
statements, Sam Phelps has the original for his signature.
6. Covenants amended as per your request (see page 4).
7. John Schenk is preparing an "unincorporated association"
document and I will deliver that later today.
I would like to obtain the commissioners signature on Monday, the
15th.
Thanks for your help
YEAR =
Month
January
February
March
April
May
June
July
August
September
October
November
December
Annual
WATER USE ACCOUNTING FORM
RIPPY SUBDIVISION
82CW145
Metered Metered Total
Well Well Irrigated
Diversions Diversions Area
(gallons) (acre feet) (acres)
(1) Total metered well diversions in gallons
(2) Column 1 divided by 325,825
(3) Total for subdivision, not to exceed 1 acr
(4)
Irrigation
Consumptive
Water Use
(acre feet)
(4) Column 3 times:
0.11 (April)
0.31 (May)
0.44 (June)
0.48 (July)
0.36 (August)
0.25 (September)
0.12 (October)
(5)
Irrigation
Diversions
(acre feet)
(6)
Potable
Diversions
(7) (8)
Potable Total
Consumptive Consumptive
Water Use Water Use
(acre feet) (acre feet) (acre feet)
(5) Column 4 divided by 0.7
(6) Column 2 minus Column 5
(7) Column 6 times 0.15
(8) Column 4 plus Column 7
L.. •Lf71 I1 LI.I H`. .'+•
DIVISION OF WATER RESOURCES
WATER UIVISION FIVE
1 )( 4/0114/11 (d ti,Ihu.,!
.flit l 1111,6A1I
1'.11 It„\ i'It,
( () 1111r11 )
i.11)
f:1\ tl(1va'r1 41
Kerry D. Sundeen
1 lydrologist
Enartech Inc.
P 0 Drawer 160
Glenwood Springs, C:0
• •
STATE OF COLORADO
81601
R rcF 11 ED APR 2 7 1995
April 25, 1995
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Re: 82CW145 - Adair Rippy Subdivision Exemption - Augmentation Plan
Dear Kerry:
I've reviewed your letter dated April 21, 1995 and augmentation plan in Case No. 82CW145.
1 concur with your assessment and conclusion set forth.
By copy of this letter I'm verifying that the water supply decreed in 82CW145
with the proposal. An accounting form consistent with the conditions in Paragraph
decree needs to be submitted and included with the county plat file. Additionally, valid
must be obtained before the wells arc used, along with installation of metering devices
and measuring flumes on the Rippy Ditch lateral and river replacement ditch.
OJB/nch
CC.:
Mark Bean, Garfield Planning Dept.
Respectfully,
0j''ksiogiier
Orlyn . ivin
Post -It` Fax Note 7671
To
Co /Dept
is consistent
22(1) of the
well permits
on the wells
Date
10 of
P8903
411
From
Phone p
Fax K
c
1
>r rt- ekes
Phone
Fax N
• •
ENARTECH Inc. Consulting Engineers and Hydrologists
May 12, 1995
Mr. Mark Bean
Garfield County
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
RE: Rippy Subdivision Exemption
Dear Mark:
JAIL\
We have reviewed drainage requirements at the proposed Rippy Subdivision and have
inspected the recently improved drainage ditch constructed along the frontage road
adjacent the site. The ditch has been constructed to good engineering practices and is of
adequate capacity. The ditch will not interfere with any utilities at the site.
Sincerely,
ENARTECH, INC.
Peter Belau
PB/jlw
K413-01 (K413_05B)95
302 Eighth Street, Suite 325 P.O. Drawer 160 Glenwood Springs, Colorado 81602 (303) 945-2236
by
DECLARATION OF PROTECTIVE COVENANTS
FOR
RIPPY EXEMPTION PLAT
THIS DECLARATION is made this day of
RECITALS
Declarants are the owners of Lots 1, 2, 3 & 4, of the Rippy Exemption Plat, according to
the plat recorded as reception No. , County of Garfield, State of Colorado,
hereinafter the "property".
In order to enhance the establishment and enforcement of a general plan for the
architectural character, development and use of the property, Declarants desire to subject the
property to certain covenants, conditions and restrictions upon and subject to which the entire
property and every part thereof shall be owned, held, improved, used, occupied and transferred.
Accordingly, Declarants hereby make the following declarations:
I. GENERAL PROVISIONS
A. Establishment of Restrictions. Declarants, for themselves, their successors and
assigns, hereby declare that the property shall be owned, held, improved, used, occupied and
transferred subject to the provisions of this Declaration and to the covenants, conditions and
restrictions herein contained.
B. Definitions. The following definitions shall govern in the understanding and
interpretation of the Declaration:
1. Declarants. "Declarants" shall mean the undersigned and any successors and assigns of
the undersigned.
2. Improvements. "Improvements" shall mean and include, without limitation, buildings,
sheds, storage areas, parking areas, driveways, leading areas, fences, walls , hedges, mass
plantings, utilities, poles, signs, television and radio antenna and any structures of any type or
kind.
3. Shed. "Shed" shall mean a building with three (3) exterior walls or less.
4. Owner. "Owner" shall mean the person, firm or entity legally entitled to possession of
any lot, and, where the person, firm or entity entitled to possession does not own fee simple title
to such lot, shall also include the person, firm or entity owning fee simple title to such lot.
• •
H. REGULATION OF IMPROVEMENTS
A. Work in Progress. After commencement of construction of any improvements on a
lot, the owner shall cause such work to be diligently prosecuted to completion, so that the
improvement shall not remain in an unfinished condition any longer than reasonably necessary for
completion thereof. Failure to complete any improvement
t�wlugch may be enforced byafter
anthe
same is commenced shall constitute a violation of this ovenan
affirmative injunction requiring the removal of the partially constructed structure.
B. Landscaping.
1. Every lot on which improvements have been constructed shall be landscaped in the
setback areas and upon all unimproved areas which have been disturbed in compliance with this
provision. All landscaping shall be accomplished according to plans approved in advance by
Declarants, and maintained thereafter in a sightly, well -kept and healthy condition. All
landscaping shall be designed so as not to disturb the natural drainage.
2. Unless otherwise approved by Declarants, all landscaping shall meet the following
criteria:
a. All disturbed, unimproved areas shall be planted with grass.
b. Undisturbed areas may be left in their natural condition.
C. Parking Areas.
1. For each building constructed on a lot, sufficient parking areas shall be provided on the
lot, laid out and constructed according to plans approved in advance by Declarants, and
maintained thereafter in good condition and state of repair. All parking shall meet Garfield
County Standards.
2. No parking shall be permitted along frontage road.
3. All parking areas and driveways shall be designed so as not to disturb natural drainage
and drainage systems or cause erosion. Where access driveways cross drainage ditches or
irrigation ditches, culverts at least eighteen (18) inches in diameter shall be installed and
maintained by the Owner, unless otherwise approved by Declarants. All parking areas and
driveways shall be maintained in a condition to minimize the creation of dust.
4. Access driveways from adjoining roads shall be limited to the minimum required for
access to the lot. No continuous access driveways along adjoining roads shall be permitted unless
otherwise approved by Declarants. Access driveways on adjoining roads and for a two-way
driveway shall be subject to approval by Declarants.
may reasonably require.
3. Should any building or other improvement on a lot be substantially damaged or
destroyed from whatever cause, all debris shall be promptly removed from the lot and the Owner
shall proceed promptly either to repair, rebuild or replace the damaged or destroyed improvement
or to remove the damaged or destroyed improvement and to restore the damaged portion of the
lot and landscape the same with landscaping approved by Declarants. Should the Owner elect to
repair, rebuild or replace damaged improvement, the plans and specifications therefor shall be
submitted to Declarants for approval in accordance with the other provisions of this Declaration.
4. Should a planting on a lot be substantially damaged or die, from whatever cause, it
shall forthwith be replaced with a planting or landscaping approved by Declarants.
K. Fences and Gates. Unless otherwise approved, all fences and gates on the property
shall be of galvanized chain link or better with top pipe rail unless otherwise approved by
Declarants.
III. REGULATIONS OF OPERATIONS AND USES.
A. Disposal of Waste Materials. Uses on the property are hereby restricted to industrial,
commercial and residential applications generating waste materials which can be handled by septic
systems approved by Declarants and governmental authorities having jurisdiction. The following
shall apply:
1. Waste water shall be limited to those types of wastes which are treatable by individual
systems, and shall not include waste such as petroleum products, solvents, toxins, industrial
process residues, radioactive or other wastes not so treatable.
2. Each owner shall cause holding tanks to be pumped and cleaned on a schedule
acceptable to the public authorities having jurisdiction.
3. Sufficient area shall be retained in the original design of individual systems to permit
the doubling of subsurface treatment disposal at a later date.
4. All waste water systems shall be designed by a registered professional engineer.
5. Each owner shall maintain records of pumping and cleaning of waste water treatment
systems for a period of not less than three (3) years and shall make such records available to
Declarants and governmental authorities having jurisdiction at reasonable hours at reasonable
locations.
B. Firearms. There shall be no discharge of guns or firearms on the property.
C. Required Fencing. All service, fabrication, repair operations and storage of materials
shall be enclosed by a sight obscuring fence at least six feet (6') in height.
• •
D. Building Regulations. Unless otherwise approved in advance by Declarants, any
principal building erected on a lot shall conform to the following design and construction criteria:
1. Exterior Walls.
a. Exterior walls facing roads or streets shall be masonry, steel or concrete unless
Declarants shall approve otherwise.
b. To the extent possible, no intake or exhaust fans, ductwork or other mechanical
projections shall be mounted on the exterior walls of any building.
2. Colors. All colors used in the exterior treatment of buildings and other structures shall
be approved by Declarants and shall consist solely of non -reflective muted earthtones.
E. Storage Areas. No merchandise, supplies, equipment, including company owned
motor vehicles stationed on a lot, or materials of any kind shall be stored for long periods of time
in any area on a lot except inside a building, shed or screened area, or behind a sight obscuring
fence
F. Refuse. No trash, ashes, garbage or other refuse shall be thrown, dumped or otherwise
disposed of on any land within the property. No refuse shall be burned out of doors on the
property. No incinerator or other devise for the burning of refuse shall be constructed, installed
or maintained on the property, except with the prior written approval of Declarants. All refuse
shall be stored in metal containers which shall be kept inside a building, shed or screened fence.
G. Easements and Right -of -Way. No improvements shall be constructed, installed or
maintained along, on across or within the areas so established and reserved for easements and
rights-of-way, except as otherwise provided herein or with the prior written approval of
Declarants.
H. Lighting. Exterior lighting required for security purposes shall be subject to the
approval of Declarants.
I. Temporary Structures. No temporary structure, excavation, basement, trailer or tent
shall be permitted within the property, except as may be necessary during construction of
permanent structures or as expressly approved by Declarants. exisiting mobile home hook-ups
are exempt from this requirement.
J. Maintenance.
1. All buildings and other improvements and all landscaping on any lot shall be kept in
good condition and repair.
2. All buildings and fences on any lot shall repainted or restained as often as wear and tear
• •
IV. APPROVAL OF PLANS
No improvement, as that term is hereinabove defined, shall be erected, placed, altered,
maintained or permitted to remain on any lot until plans and specifications showing site plan,
design, floor plans, exterior elevations, exterior materials and colors, sign location and design and
landscape plan, shall have been submitted to and approved in writing by Declarants. Such plans
and specifications shall be submitted in writing over the signature of the Owner of the lot or his
authorized agent. Approval shall be based, among other things, on adequacy of site planning;
conformity and harmony of exterior design with neighboring structures; effect of location and use
of improvements on neighboring lots, improvements, operations and uses; relation of topography,
grade and finished ground elevation of the lot being improved to that of neighboring lots; proper
facing of main elevation with respect to nearby streets; and conformity of the plans and
specifications with the purpose and general plan of intent of the restrictions. Declarants shall not
arbitrarily or unreasonably withhold their approval of such plans and specifications. IfDeclarants
fail to approve or disapprove such plans and specifications within thirty (30) days after the same
have been received by Declarants, it shall be conclusively presumed that Declarants have approve
said plans and specifications, subject, however, to the requirements and restrictions contained in
Articles II and III hereof.
Neither Declarants nor their successors or assigns shall be liable in damages to anyone
submitting plans for approval, or to any Owner of a lot affected by this Declaration, by reason of
mistake in judgment, negligence, or nonfeasance, arising out of or in connection with the approval
or disapproval or failure to approve any such plans. Every person who submits plans to
Declarants for approval agrees, by submission of such plans, and every Owner of lots with the
property agrees, by acquiring title thereto, that he will not bring any action or suit against
Declarants to recover any such damages.
V. COMPLIANCE WITH LAW
Notwithstanding any other provisions of this Declaration to the contrary, each Owner shall
comply with all federal, state, county, municipal and
statutes,
affecting suchlaws,
Owner'srules,
lot and the
regulations and ordinances of every kind or nature whatsoever
occupancy, operation or use thereof (including, without limitation, the construction and
maintenance of improvements thereon).
VI. EFFiCT OF DECLARATION
Each provision of the Declaration and an agreement and undertaking to comply with the
provisions of this Declaration, shall: (a) be deemed incorporated in each deed, lease or other
instrument by which any right, title or interest in any part of the property is granted, conveyed,
of
demised or transferred, whether or not set forth or referred to in such instrument; (b) y
acceptance of any right, title or interest in any part of the property by an Owner, be deemed
accepted, ratified, adopted and declared as a personal covenant of such Owner, and, as a personal
covenant, shall be binding on such assigns; and (c) a covenant real which shall run with the land
and burden the title thereto and shall be binding upon and insure to the benefit of Declarants and
• •
the Owners, from time to time, of lots within the property.
VII. ENFORCEMENT AND REMEDIES
A. Suit. If any owner shall violate or threaten to violate or fail to comply with any of the
provisions of this Declaration, it shall be lawful for Declarants and/or any other Owner to institute
and prosecute suit at law or in equity to enforce the provisions of this Declaration, to restrain or
enjoin such violation or threatened violation or to require compliance with such provision, and to
recover damages, actual and punitive, for any such violation; provided, however,
that no such suit
shall be brought or allowed as to any such alleged violation or alleged non-compliance with any of
the provisions of this Declaration where Declarants shall have approved the name as in
compliance with the Declaration or as an approved variance hereunder, and such written approval
by Declarants shall be conclusive evidence of compliance with this Declaration.
B. Action by Declarants. In addition to the remedies stated above, if, with respect to any
lot, there is a violation of, or failure to comply with, any of the provisions of Article II, Article III
or Article IV hereof, then Declarants shall have the right. at their option, to cure the violation or
effect, as the case may be, at the expense of the Owner of the lot.
C. Inspection. Declarants may from time to time at any reasonable hour or hours, enter
and inspect any property subject to this Declaration to ascertain compliance with the provisions
hereof.
D. No Waiver. With the exception of the time limit for action by Declarants contained in
the last paragraph of Article IV, the failure of Declarants or any Owner to enforce any provision
of this Declaration shall in no event be deemed to be a waiver of the right to do so thereafter nor
of the right to enforce any other provisions of this Declaration.
VIII. RIGHTS OF MORTGAGEES
No violation of, or failure to comply with, any the provisions of this Declaration and no
action to enforce any such provision shall adversely affect, defeat, render invalid or impair the lien
of any mortgage, deed of trust or other lien on anlot ken Recorder d ef faith
oGarfield for value
and
perfected by recording in the office of the County
ounty,
Colorado, prior to the time of recording in said office of an instrument describing such lot and
listing the name or names of the Owner or Owners of fee simple title to the lot and giving notice
of such violation or failure to comply. No such violation, failure to comply or action to enforce
shall adversely affect, defeat, render invalid or impair the title or interest of any person or entity
(including the holder of any such mortgage, deed of trust or other lien) acquired upon foreclosure
of any such mortgage, deed of trust or other lien or result in any liability, personal or otherwise,
of any such person or entity; provided, however, that any such purchaser on foreclosure shall take
the lot subject to all of the provisions of this Declaration.
• •
IX. DURATION AND AMENDMENT
This Declaration of Protective Covenants, and any amendments hereto, shall remain in full
force and effect until January 1, A.D. 2015, and for successive five (5) year periods thereafter,
unless sooner terminated as hereinafter provided. This Declaration or any provision hereof, may
be amended or sooner terminated, as to the whole of the property or any portion thereof, with the
written consent of the persons, firms or entities owning fee simple title to at least one hundred
percent (100%) of the lots in the property and where the person, firm or entity owning fee simple
title to the lot has granted the right of possession of the lot to another person, firm or entity, as
evidenced by instrument of record, the joinder of both fee simple title owner of such lot and the
party to whom the right of possession thereof has be so granted shall be required as to such lot for
such lot to be included within the one hundreea
per
ts own feent s) or more cnsent simple title oo at least twennty
provided further, however, that so long as D
percent (20%) of the property subject to this Declaration, no such amendment or sooner
termination shall be effective without the written approval of Declarants thereto.
X. ASSIGNMENT AND DELEGATION BY DECLARANTS
Any and all of the rights, powers, reservations and duties of Declarants herein contained
may be assigned to any person, firm or entity which will assume the duties of Declarants
pertaining to the particular rights, powers, reservations and duties assigned, and upon any such
persons, firm or entity evidencing its consent in writing to accept such assignment and assume
such rights, powers, reservations and duties, they shall, to the extent of such assignment, have the
same rights and powers and be subject to the same obligations and duties as are given to and
assumed by Declarants herein.
Declarants may also from time to time delegate any and all of the rights, powers and duties
with respect to the approval of plans provided for in Article IV hereof and with respect to the
rights of approval provided in Articles II and III hereof to hane Owneres of allsl Controlothe Committee
pparte of
selected by Declarants. Declarants shall promptly notify
any such delegation.
XI. HEADINGS
Article and paragraph headings are inserted for convenience only and are not intended to
be a part of this Declaration or in any way to define, limit or describe the scope or intent of the
particular Articles or paragraph to which the refer.
XII. SEVERABILITY
Invalidity or unenforceability of any provision of this Declaration in whole or in part shall
not affect the validity or enforceability of any other part of such provision or of any other
provision of this Declaration.
XIII. LIMITED LIABILITY
Neither Declarants nor their successor or assigns shall be liable to any party for any action
or for any failure to act with respect to any matter, if the action taken or failure to act was in good
faith and without malice.
IN WITNESS WHEREOF, Declarants have executed this Declaration on the day and year
first above written.
RIPPY EXEMPTION PLAT
By:
• •
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
Mr. Mark Bean
Garfield County Building and Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
May 2, 1995
RE: Rippy Subdivision Exemption
SE 1/4, Section 5, T 6 S, R 91 W, 6th P.M.
Water Division 5, Water District 39
Dear Mark:
Roy Romer
Governor
James S. Lochhead
Executive Director
Hal D. Simpson
State Engineer
Pursuant to your request of April 18, 1995, we are providing additional comments on the
above referenced exemption. You indicated that this proposal will split an 18 acre parcel into
four parcels that will be used for commercial purposes. No information concerning the proposed
water requirements was included, but the proposed water supply is to be provided by wells that
will operate pursuant to Division 5 Water Court case no. 82CW145. It is our understanding that
the three wells have been constructed.
Case no. 82CW145 was decreed on November 28, 1984 for a change of water right, a water
storage right, underground water rights, and a plan for augmentation. Three wells were decreed
for 30 gallons per minute each, to be used for irrigation, municipal, and domestic purposes on
four parcels located in Government Lot 5 of Section 5, Twp. 6 South, Rng. 91 West, lying south
of Interstate No. 70.
Three well permits were issued pursuant to case no. 82CW145 on November 2, 1988. Our
records indicate that these permits, nos. 34301-F, 34302-F, and 34303-F, expired on November
2, 1989. The well owner is required to maintain a valid permit on each well. Additionally, the
terms of the decree require that non -irrigation season depletions be replaced by releases made
from the Rippy Reservoir. It is our understanding that the reservoir has not been constructed yet.
If a call is placod outside of the historic irrigation season, the three wells may be subject to
administration pursuant to the terms of said decree if replacement water is not available.
As long as the three wells have valid permits and are operated pursuant to the terms of case
no. 82CW145, we have no objection to this proposal. Should you have any questions regarding
the water supply for this project, please contact this office.
Sincerely,
Jeff Deatherage
Water Resource Engineer
cc: Orlyn Bell, Division Engineer
James Lemon, Water Commissioner
rippy2.sub
04:' 8 '95 07:54 ID:LANI•A; 800
•
DIVISION OF WATER RESOURCES
WATER DIVISION FiVE
1 )4.1..n+.rta nr 4.1 N,uul..l R4 -,.nn.,
'HI.i;1.ti 1?.1
l'.(1 11.., 49I.
(:r.41,v.,4141ti1)n11h; (()111(,(1?
1 A\ 4U CI 114'..13r41
Kerry D. Sundeen
Ilydrologist
Enartech inc.
P 0 Drawer 160
Glenwood Springs, CO 81601
FAX •
PAGE 1
STATE OF COLORADO
R I' C E I V E D APR 2 7 1995
April 25, 1995
Re: 82CW145 - Adair Rippy Subdivision Exemption - Augmentation Plan
Dear Kerry:
I've reviewed your letter dated April 21, 1995 and augmentation plan in Case No
I concur with your assessment and conclusion set forth.
By copy of this letter I'm verifying that the water supply decreed in 82CW145
with the proposal. An accounting form consistent with the conditions in Paragraph
decree needs to he submitted and included with the county plat file. Additionally, valid
must be obtained before the wells are used, along with installation of metering devices
and measuring flumes on the Rippy Ditch lateral and river replacement ditch.
OJB/nch
cc: Mark Bean, Garfield Planning Dept.
Respectfully,
Orlyn J. ell, ivision Engil .1'r
Roy R nwr
1.11111'1 S. 1 IN
Ekec Ouocio.
{ I:I 14 Srnp,r,•,
Slew I ny�inrrr
4 )r1 , I (WI
. 82CW145.
is consistent
22(1) of the
well permits
on the wells
Pos -It'- Fax Note 7671
Date
101
Pages
To 02-1
- ; , l
From
Cq.
t-
Jt
_ c�
Co /Dept
Phoned
Fax
—
Phone #
Faxd
•
RJ 5-Rew '76
6,oplication must
complete where
,.,,plicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
COLOWDO DIVISION OF WATER RESOURCEq
818 CentelljBldg., 1313 Sherman St., Denver, Colorado 4103
(X 1A PERMIT TO USE GROUND WATER
(X ) A PERMIT TO CONSTRUCT A WELL
FOR: (X ) A PERMIT TO INSTALL A PUMP
( ) REPLACEMENT FOR NO
( ► OTHER
WATER COURT CASE NO
RECEIVL )
DEC 30t982
WATER RESOURCES
:STALE a ENGINEER
COLL
(1) APPLICANT - mailing address
NAME
STREET
CITY
Adair Rippy
P.O. Box 138
New Castle, CO
81647
(State)
TELEPHONE NO RR'3-4R4-?"i65
(Zip)
(2) LOCATION OF PROPOSED WELL
county Garfield
NE Yt of the SE 14,•Section 5
Twp, 6 5, Rng. 93 W 6th
IN,S) (E.W)
P.M.
11) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) 30
Average annual amount of ground water
to be appropriated (acre-feet):
24
Number of acres to be irrigated:
Proposed total depth (feet): 1 00
Aquifer ground water is to be obtained from:
Colorado River alluvium
10
Owner's well designation Rippy Wel 1 4.'1
GROUND WATER TO BE USED FOR:
( ) HOUSEHOLD USE ONLY - no irrigation (0)
( X) DOMESTIC (1) (X) INDUSTRIAL (5)
( X) LIVESTOCK (2) ( x) IRRIGATION (6)
( x) COMMERCIAL (4) ( X) MUNICIPAL (8)
OTHER (9)
DETAIL THE USE ON BACK IN (1 1)
(4) DRILLER
me
Street
City
Licensed
(state)
(Zip)
Telephone No Lic. No.
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No. L 2.O 4
Basin Dist.
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause
no material injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
1 APPROVED PURSUANT TO C.R.S. 37-90-137(2) AND
THE DECREE GRANTED BY THE DIVISION 5 WATER
COURT IN CASE NO. 82CW145. THIS WELL IS
SUBJECT TO ADMINISTRATION IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THAT DECREE.
2) A TOTALIZING FLOW METER MUST BE INSTALLED ON
THE WELL AND MAINTAINED IN GOOD WORKING ORDER.
PERMANENT RECORDS OF ALL DIVERSIONS MUST BE
ANNUALLY)DAND SUBMITBY THE TEDLL OTO THE DIOVISIONAT LEAST
ENGINEER UPON REQUEST.
3) THE MAXIMUM PUMPING RATE OF THE WELL SHALL
NOT EXCEED 30 G.P.M.
4) THE ANNUAL AMOUNT OF GROUND WATER TO BE
APPROPRIATED BY THIS WELL SHALL NOT EXCEED 24
ACRE—FEET.
5) THE TOTAL LANDS TO BE IRRIGATED BY ALL THEE(
WELLS DECREED IN CASE NO. 82CW145 SHALL NOT
EXCEED 1 ACRE.
6) THE WELL SHALL BE CONSTRUCTED NO MORE THAN
200 FEET FROM THE LOCATION SPECIFIED ON THIS
PERMIT.
7) THE OWNER SHALL MARK THE WELL IN A CONSPICU—
OUS PLACE WITH APPROPRIATE WELL PERMIT NUMBER
AND COURT CASE NUMBER. HE SHALL TAKE NECESSARY
MEANS AND PRECAUTIONS TO PRESERVE THESES
MARKINGS. tMla
\ 1*
APPLICATION APPROVED
PERMIT NUMBER NUV 0 2 1988
DATE ISSUED
Q34301- p"
/1 1
EXPIRATION DATE
BY
I n
NOV Q249i''
Crll INT,/
wRJ _5-Re'v. 76
Application must
e complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
COLOODO DIVISION OF WATER RESOURC
818 Cent I Bldg., 1313 Sherman St., Denver, Colored 03
(X
l
FOR: (X
(
PERMIT APPLICATION FORM
A PERMIT TO USE GROUND WATER
A PERMIT TO CONSTRUCT A WELL
I A PERMIT TO INSTALL A PUMP
) REPLACEMENT FOR NO
OTHER
WATER COURT CASE NO
9 7
.Ect-
DEC 3 () 198?
pIUR --
(1) APPLICANT - mailing address
NAME
STREET
CITY
Adair Ripov
P.O. Box 138
New Castle CO
81647
TELEPHONE NO
(State)
(303) 984-2365
(Zip)
(2) LOCATION OF PROPOSED WELL
County Garfield
NE V. of the SE '/. Section 5
Twp. 6 S Rng. 93 �l
IN,S! (E.W)
6th P.M.
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm)
Average annual amount of ground water
30
to be appropriated (acre-feet): 24
10
Number of acres to be irrigated:
Proposed total depth (feet): 1 00
Aquifer ground water is to be obtained from:
Colorado River alluvium
Owner's well designation Ri ppy Wel 1 #3
GROUND WATER TO BE USED FOR:
( ) HOUSEHOLD USE ONLY - no irrigation (0)
( X) DOMESTIC (1) (X) INDUSTRIAL (5)
( X) LIVESTOCK (2) ( X) IRRIGATION (6)
(x) COMMERCIAL (4) (x) MUNICIPAL (8)
( 1 OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name
Street
City
Licensed
(State) (ZIP)
Telephone No Lic. No.
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No. 1' o .') /
Basin Dist.
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause
no material injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking .relief in a civil court action.
1) APPROVED PURSUANT TO C.R.S. 37-90-137(2) AND
THEDECREE GRANTED BY THE DIVISION 5 WATER
COURT IN CASE NO. 82CW145. THIS WELL IS
SUBJECT TO ADMINISTRATION IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THAT DECREE.
2) A TOTALIZING FLOW METER MUST BE INSTALLED ON
THE WELL AND MAINTAINED IN GOOD WORKING ORDER.
PERMANENT RECORDS OF ALL DIVERSIONS MUST BE
MAINTAINED BY THE WELL OWNER (RECORDED AT LEAST
ANNUALLY) AND SUBMITTED TO THE DIVISION
ENGINEER UPON REQUEST.
3) THE MAXIMUM PUMPING RATE OF THE WELL SHALL
NOT EXCEED 30 G.P.M.
4) THE ANNUAL AMOUNT OF GROUND WATER TO BE
APPROPRIATED BY THIS WELL SHALL NOT EXCEED 24
ACRE—FEET.
5) THE TOTAL LANDS TO BE IRRIGATED BY ALL THEIEC.
WELLS DECREED IN CASE NO. 82CW145 SHALL NOT
EXCEED 1 ACRE.
6) THE WELL SHALL BE CONSTRUCTED NO MORE THAN
200 FEET FROM THE LOCATION SPECIFIED ON THIS
PERMIT.
7) THE OWNER SHALL MARK THE WELL IN A CONSPICU—
OUUS PLACE WITH APPROPRIATE WELL PERMIT NUMBER
AND COURT CASE NUMBER. HE SHALL TAKE NECESSARY
MEANS AND PRECAUTIONS TO PRESERVE THESE
MARKINGS. \I 3(
"Th r ,.
/)
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED NOV 0 21988
EXPIRATION DATE L`• �' (�,• j
034303 - E
a
•
✓:. 0 v l.�a- ..cr-
`-(STATE ENGINEER)
BY ---7777\7i
ID
S- 39
C(ll )NTY
•
wRJ 5 -Rev. 76
Application must
e complete where
applicable. Type or
COLO DO DIVISION OF WATER RESOURCES ,cCE1v�
818 Cente Bldg., 1313 Sherman St., Denver, Colorado •03 G
11
�r-1� �4 “- DEC 3 982
yyATER
QIIE. L,
,�pLU.
print in BLACK FOR
INK. No overstrikes
or erasures unless ( ) REPLACEMENT FOR NO
initialed. ( ) OTHER
WATER COURT CASE NO
(X ) A PERMIT TO USE GROUND WATER
(X 1A PERMIT TO CONSTRUCT A WELL
(x ) A PERMIT TO INSTALL A PUMP
(1) APPLICANT - mailing address
NAME
STREET
CITY
Adair Rippy
P. 0. Box 138
New Castle CO
81647
(State) (Zip)
TELEPHONE NO (303) 984-2365
(2) LOCATION OF PROPOSED WELL
County rtiarfielri
NESE of the SE 1/. Section 5
Twp. 6 S Rng. 93
(N,S( (E.wl
6th P.M.
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) 30
Averaoe annual amount of around water
to be appropriated (acre-feet): 24
10
Number of acres to be irrigated:
Proposed total depth (feet): 1 00
Aquifer ground water is to be obtained from:
Colorado River alluvium
Owner's well designation Ri npy Wel 1 4=2
GROUND WATER TO BE USED FOR:
( ) HOUSEHOLD USE ONLY - no irrigation (0)
(X) DOMESTIC (1) (X) INDUSTRIAL (5)
(x) LIVESTOCK (2) ( X) IRRIGATION (6)
(X) COMMERCIAL (4) ( X) MUNICIPAL (8)
( ) OTHER (9)
DETAIL THE USE ON BACK IN (11)
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No. �) 3.• 0346
Basin Dist.
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause
no material injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
1) APPROVED PURSUANT TO C.R.S. 37-90-137(2) AND
THE DECREE GRANTED BY THh DIVISION 5 WATER
COURT IN CASE NO. 82CW145. THIS WELL IS
SUBJECT TO ADMINISTRATION IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THAT DECREE.
A TOTALIZING FLOW METER MUST BE INSTALLED ON
THE
WELL AND MAINTAINED IN GOOD WORKING ORDER.
PERMANENT RECORDS OF ALL DIVERSIONS MUST BE
MAINTAINED BY THE WELL OWNER (RECORDED AT LEAST
ANNUALLY) AND SUBMITTED TO THE DIVISION
ENGINEER UPON REQUEST.
3) THE MAXIMUM PUMPING RATE OF THE WELL SHALL
NOT EXCEED 30 G.P.M.
4) THE ANNUAL AMOUNT OF GROUND WATER TO BE
AAPPPPROPRIATED BY THIS WELL SHALL NOT EXCEED 24
ACRE-FEET.
5) THE TOTAL LANDS TO BE IRRIGATED BY ALL THE (3)
WELLS DECREED IN CASE NO. 82CW145 SHALL NOT
EXCEED 1 ACRE.
6) THE WELL SHALL BE CONSTRUCTED NO MORE THAN
200 FEET FROM THE LOCATION SPECIFIED ON THIS
PERMIT.
7) THE OWNER SHALL MARK THE WELL IN A CONSPICU-
OUS PLACE WITH APPROPRIATE WELL PERMIT NUMBER
AND COURT CASE NUMBER. HE SHALL TAKE NECESSARY
MEANS AND PRECAUTIONS TO PRESERVE THESE
MARKINGS.
(1-t
r •..-. r• --
(4) DRILLER
Name
Street
City
Licensed
(State) (Zip)
Telephone No. Lic. No
APPLICATION APPROVED
..dam . _�=. .4% ezrT
PERMIT NUMBER 034302 - F
DATE ISSUED
NOV 0 2 1988
T n !- 0
EXPI RT ION DAT >,
>,1
t . iiiJv2P '
• (STATE NGINEER)
ID 5 _ COUNTY 23
•
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
FlL;O IN Clai":CT COURT
YIAT�n LIV.S1..N 5, CCLO..ADO
OCT31 1984
MARIE TALAMAS, CLERK
Application No. 82CW145
RULING OF REFEREE
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF ADAIR RIPPY, IN THE
COLORADO RIVER, IN GARFIELD COUNTY
The above entitled application was originally filed on June 18, 1982, 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 13th day of July,
1982. An amended application was filed on December 7, 1983, and the second
amended application was filed on December 21, 1983. Said amended applications
were referred to the Water Referee by the Water Judge on the 17th day of
January, 1984. All of the above proceedures are in accordance with Article 92
of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right
Determination and Administration Act of 1969.
On August 31, 1982, a Statement of Opposition was filed on behalf of Jeris
A. Danielson, State Engineer, and as a result, on September 27, 1982, the
application was re-referred by the Water Referee to the Water Judge for Water
Division No. 5.
On August 22, 1984, as a result of negotiations between the Applicant and
the Opposer, a Stipulated Motion for order re -referring the Application to the
Water Referee, and a proposed Ruling of Referee, were filed by the Applicant
and the Opposer and on August 23, 1984, the application was again referred to
the Water Referee by the Water Judge for Water Division No. 5.
And the undersigned Referee having made such investigations as are
necessary to determine whether or not the statements in the second amended
application are true and having become fully advised with respect to the
subject matter of the second amended application does hereby make the following
determination and ruling as the Referee in this matter, to -wit:
1. The statements in the second amended application are true, except as
revised as a result of negotiations between the Applicant and the Opposer in
the Stipulation and proposed ruling of Referee.
2. The name of the wells are as follows:
Rippy Well #1,
Rippy Well #2,
Rippy Well #3.
82CW145
• •
3. The name and address of the applicant is Adair Rippy; P.O. Box 138;
New Castle, Colorado.
4. The source of the water for the wells is the Colorado River alluvium.
5. The legal descriptions of the locations of the wells are as follows:
Rippy Well No. 1 is located in the NE1/4 SE1/4 of Section 5, T. 6 S.,
R. 91 W. of the 6th P.M. at a point 1,773 feet North of the South
line and 215 feet West of the East line of said Section 5.
Rippy Well No. 2 is located in the NE1/4 SE1/4 of Section 5, T. 6 S.,
R. 91 W. of the 6th P.M. at a point 1,913 feet North of the South
line and 50 feet West of the East line of said Section 5.
Rippy Well No. 3 is located in the NE1/4 SE1/4 of Section 5, T. 6 S.,
R. 91 W. of the 6th P.M. at a point 2,063 feet North of the South
line and 50 feet West of the East line of said Section 5.
6. The proposed use of the water is irrigation, municipal and domestic.
7. The date of initiation for the appropriation for each of the wells is
January 1, 1970.
8. The amount of water claimed in the application is as follows:
Rippy Well #1: 0.067 cubic foot of water per second of time. . E.-1
Rippy Well #2: 0.067 cubic foot of water per second of time.
Riopy Well #3: 0.067 cubic foot of water per second of time.
9. The within appropriation was initiated by construction of the three
wells in question and formation of intent to apply water to beneficial use.
CLAIM FOR WATER STORAGE RIGHT
10 The name of the Reservoir is Rippy Reservoir.
11. The legal descriptions of the locations of the two alternate places
of storage for Rippy Reservoir are as follows:
(a) Alternate No. 1 is located in the SW1/4 SE1/4 of Section 5, T. 6
S., R. 91 W. of the 6th P.M. with approximately 0.5 surface acre;
(b) Alternate No. 2 is located in the SE1/4 SE1/4 of Section 5, T. 6
S., R. 91 W. of the 6th P.M. with approximately 0.5 surface acre.
12. The source of the water for Rippy Reservoir is Elk creek, tributary
to the Colorado River, by diversion through the Ware and Hinds Ditch.
13. The proposed use of the water stored in Rippy Reservoir is
irrigation, municipal, domestic, fire protection, industrial and recreation, in
connection with the operation of the Plan for Augmentation as described herein.
03/21/1995 14:29 3039455217
82CW145
GLENWOOD SRUKERS
• •
HAUL U
14. The date of initiation of the appropriation for Rippy Reservoir is
May 10, 1982.
15. The amount of water claimed for Rippy Reservoir is 2 acre feet, of
which the entire capacity is active storage, and 0 acre feet are devoted to
dead storage.
16. The within appropriation was initiated by engineering evaluation of
water requirement, location of reservoir site in the field. and formation of
the intent to appropriate and apply water to beneficial use.
CHANGES OF WATER RIGHTS TYPE OF USE.
ALTERNATE POINTS OF DIVERSION AND PLAN FOR AUGMENTATION
17. Irrigation water rights owned by applicant which are the subject
matter of the within action, their sources. direct flow decreed amounts.
adjudication dates, appropriation dates, District priority numbers, are as
follows:
TOTAL
Decree
Court
Priority
Number
Adjudication Appropriation Amount Amount
Date Date (cfs) Diverted
to Aug-
mentation
Plan
Original 15 05/11/1889
1st enl.
Supplemental
2nd Enl.
3rd Enl.
4th Enl.
5th Enl.
6th Enl.
57 05/11/1889
04/17/1890
136
154c
155
157
220U
05/11/1889
06/15/1898
11/15/1897
12/18/1900
11/23/1943
10/01/1883
03/01/1886
03/01/1886
05/01/1888
03/03/1896
04/18/1896
10/08/1898
03/04/1921
5.0 .30
6.5 .39
3.8 .23
5.5 .33
0.2
1.6
3.6
21.3
47.5
.01
.10
.22
1.28
2.86
All of the above water rights are from the Ware and Hinds Ditch,
which has as its source Elk Creek, a tributary of the Colorado
River. Applicant owns 32 shares of the Ware and Hinds Ditch which
represents a 2.8% undivided interest in each of the above listed
priorities.
18. Applicant's application requests the following described changes of
- 3 -
82.C1r145
• •
water rights:
(a) Applicant requests an alternate point of diversion for its
interest in the Ware and Hinds Ditch, which would enable applicant to
divert said water at the point of diversion of the Rippy Wells #1,
#2, and #3, which points of diversion are described hereinabove.
(b) Applicant requests a change of water rights to use the water
heretofore decreed for irrigation purposes to the Ware and Hinds
Ditch for irrigation, municipal, domestic, fire protection,
industrial, recreation, aesthetic, and all other beneficial uses.
Aesthetic is not a recognized beneficial use of water. "All
other beneficial uses" is so vague as to be meaningless.
19. Applicant's plan for augmentation requests approval to increase the
water supply available to the Rippy Wells #1, #2, and #3, and Rippy Reservoir,
by virtue of partial cessation of use of applicant's interest in the Ware and
Hinds Ditch decrees described hereinabove within the historic irrigation
season. Applicant intends to increase the supply of water outside the historic
irrigation season by virtue of releases from the Rippy Reservoir.
20. On December 30, 1982, applicant submitted Well Permit Applications to
the State Engineer for Rippy Wells #1, #2, and #3. The State Engineer denied
said permits on December 2, 1983.
21. The Referee does therefore conclude that the above -entitled
application for ground water rights and storage rights should be granted and
that the amounts set forth in paragraphs 8 and 15 hereinabove are awarded
conditionally for irrigation, municipal, domestic, fire protection, industrial,
and recreation, either directly or by exchange, with appropriation date to the
Rippy Wells of January 1, 1970, and with respect to Rippy Reservoir of May 10,
1982; subject, however, to all earlier rights of others and the integration and
tabulation by the Division Engineer of such priorities and change of rights in
accordance with law.
22. The Referee, having completed the necessary investigations, and
having consulted with the appropriated Division Engineer as mandated by C.R.S.
1973, 37-92-302(4), does conclude that the above described application for
underground water rights and the above described application for change of
water rights may be approved to the extent required by the operation of the
Plan for Augmentation, and the Plan for Augmentation as set forth herein, may
be approved, all without injuriously affecting the owner of or persons entitled
to use water under a vested water right or a decreed conditional water right;
subject, however, to the following conditions:
(a) Applicant shall dry up 6.3 acres of historically irrigated
land. Approximately 10 acres that were historically irrigatea by
this water right and owned by applicant have already been dried up as
a result of the construction of I-70 and the applicant is entitled to
\O
vest I,��
820W145
• •
the consumptive use credit for such water. The legal description of
the acreage dried and devoted to this augmentation plan is described
in Exhibit A, attached hereto and incorporated herein by this
reference. The approximately 10 acres dried up by the construction
of I-70 have historically been irrigated by the use of 11 shares of
the Ware and Hinds Ditch and such shares, to the extent necessary
under this augmentation plan, shall be used to serve four commercial
parcels located on all that part of Lot 5 of Section 5, Township 6
South, Range 91 West of the 6th P.M. lying south of Interstate No. 70
EXCEPT that property described in Book 346 at Page 216 of the records
of Garfield County, Colorado, a total of 17.4 acres, more or less.
(b) Applicant shall construct the Rippy Reservoir in such a fashion
that releases from said Rippy Reservoir can be made to the Colorado
River System and that said releases may be measured in order to
enable the Division Engineer to administer this augmentation plan.
(c) Applicant shall install totalizing meters on all wells, and
require flow meters to measure the amount of water delivered to each
water user.
(d) In order to comply with a resolution of the shareholders of the
Ware and Hinds Ditch Company, the water dedicated to the Plan for
Augmentation will continue to be diverted into and carried by the
Ware and Hinds Ditch, to Rippy's historical headgate location on the
Ware and Hinds Ditch.
(e) Applicant will irrigate no more than a total of 1 acre out of
Rippy Wells #1, #2, and #3.
(f) Applicant or his assigns shall keep records of the operation of
this plan for augmentation, including record keeping, and shall
annually report to the Division Engineer the following information:
i. The amount of water pumped by each well during the past
year;
ii. The amount of water delivered to each user during the past
year;
iii. The square footage irrigated by the wells during the past
year;
iv. The basis for, and the estimated consumptive use of well
water for irrigation and for each commercial user, including
reservoir evaporation, during the past year;
v. The amount of ditch water delivered to the river during
the past year;
82CW 14 5
• •
vi. The amount of ditch water delivered to the reservoir
during the past year;
vii. The amount of acres irrigated by ditch water during the
past year;
viii The person who will be responsible for preparing the
annual report for the succeeding year; and
ix. The projected water use and consumptive use for all uses
in reservoir evaporation for the succeeding year.
(g) This decree shall affect only that portion of applicant's
interest in the Ware and Hinds Ditch necessary to operate this
augmentation plan.
(h) The Court shall retain continuing jurisdiction of this matter
pursuant to C.R.S. 1973, 37-92-304(6), for a period of three years
after the water usage within this plan of augmentation is in full
operation.
(i) Water May be diverted under this plan only to the extent water
is actually available at the original points of diversion of the Ware
and Hinds Ditch.
(j) Applicant's historic use of the applicant's interest in the Ware
K 10,�`� and Hinds Ditch priorities above-described has been to irrigate a
total of 28 acres, consumptively using 44.8 acre feet per annum
average. The consumptive use attributable to applicant's development
shall not exceed 10 acre feet per annum average or 2 acre feet in the
non -irrigation season as reasonably determined by the Division
Engineer. The balance of app'icant's consumptive use credit of 34.8
acre feet per annum shall not be changed as herein requested, nor
devoted to this augmentation plan.
THE REFEREE DOES THEREFORE CONCLUDE that the above -entitled application
should be granted as follows:
23. Rippy Well No. 1, No. 2, and No. 3, at the locations as described in
paragraph 5 above, are each hereby awarded a conditional water right for 0.067
cubic foot of water per second of time, to be used for irrigation, municipal
and domestic purposes, with appropriation date of January 1, 1970, provided
always that said water rights are on the condition that said quantities of
water be diverted and applied to beneficial use within a reasonable time;
subject, however, 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.
24. The changes of water rights requested by applicant as described in
82CW145
• •
paragraph 18 hereinabove are approved only to the extent necessary to operate
applicant's plan for augmentation as set forth in paragraphs 19 and 22. The
wells decreed herein may only operate when all terms and conditions of the plan
for augmentation decreed herein are met.
25. Rippy Reservoir, at the alternate points of diversion as described in
paragraph 11 above, is hereby awarded a conditional water storage right for 2.0
acre feet of water, to be used for irrigation, municipal, domestic, fire
protection, industrial and recreation purposes in connection with the operation
of the Plan for Augmentation described herein, with appropriation date of May
10, 1982, provided always that said water storage right is on the condition
that said 2.0 acre feet of water be stored and applied to beneficial use within
a reasonable time; subject, however, 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.
26. The Referee also concludes that the portion of the water rights owned
by applicant described in paragraph 17 hereinabove may be used for the
following additional purposes: municipal, domestic, irrigation, fire
protection, industrial and recreation, by diversion into storage for later
beneficial use, or by diversions into storage in operation of the plan for
augmentation as hereinabove described.
27. The Referee also concludes that an undivided 22% of applicant's
interest in the above-described priorities, or .06% of all of the
above-described priorities, be devoted to this augmentation plan to be operated
as described in paragraphs 19 and 22.
28. The Office of the State Engineer is hereby directed to issue drilling
permits for Rippy Well No. 1, Rippy Well No. 2 and Rippy Well No. 3 in
accordance with the terms of this decree.
29. This decree shall become final upon its entry except that in
accordance with C.R.S. 1973, 37-92-304(6) as amended, any water user may reopen
this decree for reconsideration of the question of injury to his vested rights
within a period of three years after water service is furnished to 100% of the
commercial units allowed by Garfield County upon the lands described in Exhibit
B hereto, and applicant has given written notice to the Court and the parties
hereof that such event has occurred.
30. As to the water rights conditionally awarded herein, an application
for quadrennial finding of reasonable diligence shall be filed in October of
1988 and in October of every fourth calendar year thereafter so long as
claimant desires to maintain these conditional water rights or until a
determination has been made that these conditional water rights have become
absolute water rights by reason of the completion of the appropriations.
It is accordingly ORDERED that this ruling shall be filed with the Water
Clerk, subject to judicial review.
SL.Cw 145
• •
It is further ORDERED that a copy of this ruling shall be filed with the
appropriate Division Engineer and the State Engineer.
DR -7w — ,arotdE,t ,3i, /9841.
BY THE REFEREE:
eferee
er Division No. 5
State of Colorado
No protest was filed in this matter, and accordingly the foregoing
ruling is confirmed and approved, and is made the Judgment and Decree of
this court; provided however, that the approval of this change of water
right and Plan for Augmentation shall be subject to reconsideration by the
Water Judge on the question of injury to the vested rights of others
during any hearing commencing in the three calendar years.after water
service is furnished to all of the commercial units allowed by Garfield
County upon the lands described in Exhibit B hereto, and the Court has
received written notice that such event has occurred.
Dated Ai --24.7
1
ater'Judge
T. ..._ L
--f ' 1 A r�r
• •
EXHIBIT A
All the westerly 6.3 acres of a parcel of land situated in
Section 5, Township 6 South, Range 91 West of the 6th P.M.,
said parcel being described as follows:
Beginning at a point whence the East quarter corner of said
Section 5 bears No. 01°45' E. 665 feet: thence W. 08°00' S.
1310 feet; thence N. 00°00' E. 303 feet; thence E. 08°00' N.
1310 feet; thence S. 00°00' E. 303 feet to the point of
beginning,.