HomeMy WebLinkAbout1.0 Application• •
BEFORE 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 September 1,
1972 and amended April 14, 1975, Section 1.02.17 (d) and 3.02.01 the under-
signed J. DAVID SMITH _& CAMILLE SMITH
respectfully petitions the Board of County Commissioners of Garfield County,
Colorado, to exempt by resolution the division of 5.41
acre tract of
land into two tracts of approximately 3.41 Sc 2.00
acres each,
more or less, and which tract to be subdivided is more particularly described as
follows:
(legal description - attach separate sheet
if additional space is required)
A tract of land situate in Lots 8 and 12 of Section 35, Township 7 South,
Range 88 West of the 6th Principal Meridian, described as follows:
Beginning at a point whence the Witness Corner to the South Quarter Corner of said
Section 35 bears S. 01°15109" W. 2177.91 feet; thence S. 89°24100" E. 376.31 fegt;
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from the definitions of "subdivision" and "subdivision land" as the terms are used
and defined in C.R.S. (1973) Section 30-28-101 (a) - (d) and the Garfield County
Subdivision Regulations, for the reasons stated below:
To phase out a conditional use permitted in the zoning resolution of Garfield
County, Colorado — October 1973
In support of this petition the petitioner also submits the following:
(a) Map drawn to scale showing proposed
lot subdivision and access. (6/13/72 survey)
(b) Vicinity Map. (copy of excerpt attached)
(c) Statement on source of domestic water. (Well Case no. W-1278)
(d) Statement on method of sewage disposal. (septic)
(e) 100 year floodplain information where
live stream crosses or adjoins said tract. (none)
(f) Fee in the amount of $ X5,00
Submitted at Glenwood Springs, Colorado, this
rik day of 5c
Awe 6
Petitioner
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Mailing Address
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Telephone Number
7.- 73;2 &18 W OF THS 6 TH P M
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7 W/TNESS CO,PNF,E'
(SOUTH 114 CDR.3fC.35)
SCALE / /NCH z/00 FEET
This is to certify that on the 13th day of June, 1972, there wa= a survey
made under my supervision of the improvements on a parcel of land in Lots
8 and 12 of Section 35, Township 7 South, Range 88 West of the Sixth Prin-
cipal'Meridian, County of Garfield, State of Colorado according to the map
thereof. I found the improvements to be located within the boundary lines
of the parcel as shown on this plat. The location and dimensions of
all buildings, improvements, easements and rights -of -ways in evidence or
known to me and encroachments by or onthe premises are accurately shown.
SCARROW AND WALKER, INC.
Robert D. Scarrow
Registered Land Surveyor
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FILED
IN THE DISTRICT COURT IN AND FOR IN WA'1'C:t COURT
WATER DIVISION NO. 5 Division No. 5
STATE OF COLORADO DECO 6 1972
CASE NO. W-1278 TE OFC LORADC
WATER CLE
IN THE MATTER OF THE )
APPLICATION FOR )
WATER RIGHTS OF J. DAVID SMITH
& CAMILLE SMITHRULING OF THE REFEREE)
ry ;
IN THE ROARING FORK ;
RIVER OR ITS TRIBUTARIES ) ABSOLUTE DECREE FOR
) UNDER GROUND WATER RIGHTS
TRIBUTARY INVOLVED:
)
IN GARFI ELD COUNTY ) j
•
.1 .
And the Referee having made the investigations required
by Article 21 of Chapter 148, C.R.S. 1963,,as amended does hereby
make the following ruling, to wit: '
This application was referred to the Water Referee of
Water Division No. 5 on the 12th, day of July , 197•
J. David Smith and Camille Srpith
1. Name of Applicant Box 862
Address Carbondale, Colorado
2. The name of the structure is Smith W011.
•
•
3. The Legal description of the structure is : The well is located
in Lot 12, Srction 35, T. 7 S., ft. 88 W. of the 6th P.M.
at a point whence the Witness Corner to the South Quarter
Corner of said Section 35 bears S. 05009'38" W. 1866.41 feet;;
4. The depth of the well is 35 feet.
5. The date of initiation of appropriation is September 8, 1971.•
6. The amount of water claimed is 0.033 cubic foot per :1 ;
second of time.
7. The use of the water ie domestic and commercial for greenhouse. {;
8. The State Engineer's number ie 48637. ;!
9. The Priority date is September 8, 1971.
10. The date of the application was June 30, 1972.
It is the ruling of the Referee that the statements in the
application are true and that the above described water. right is
approved and granted the indicated priority; subject, however, to
all earlier priority rights of others.
It is accordingly ordered that this ruling shall become
effective upon filing with the Water Clerk, subject to Judicial review
an provided by law.
Done a the City of Glenwood Springs, Colorado this
4L±._ day of �1L — , 197'
:.cc
Water Referee
Water Division No. 5
State of Colorado
HI THE 1)I;,'i'RI("' (:')11kT 111 AND
POR WATER DIVISION nn. ll
;;'►'ATI, n1' COLORADO
Application: No. W-2,»47
IPJ THE MATTER OF THE APPLICATION
FOP WATER RIGHTS O1'
JAMES H. SC:11Ai1:,'!'I R CLEMENT
IIU 0I1ES AND J. DAVID SMITH
IU THE ROARING FORK RIVER
Ii`; GARFIELD COUNTY.
FILE[)
N WATER MUIt'l'
Div i,iun Nu. :i
I;J k 1 t• ;�i;i
.TATE OF COLORADO
DV r;r NUTY
RULIun 07 REFEREE
The above entitled application was filed on r'ebruary
1975, 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 5th day of 'larch, 1975, in, accordance with
Article 92 of Chapter 37, Colorado Revised Statutes 1973, known
as The Water Rights Determination aid Administration Act of 1969.
And the undersigned Referee having made such investigations
as are necessary to determine whether or not the statements in the
application are true and having become fully advised with respect
to the subject matter of the application does hereby make the
following determination and rulir; as the Referee in, this matter,
to -wit:
t;
1. The statements in the a.pplication are true.
2. The name of the structure is S.H.S. Ditch.
3. The names of the claimants and address: James H.
Schauster, Clement Hughes, and J. David Smith, Box Z, Carbondale,
Colorado.
4. The source of the water is the Roaring Fork River.
5. The point of diversion is located in Lot 12, Section.
35, T. 7 S., R. 82 W. of the 6th P.'l. , at a point whence the
Witness Corner for the South Quarter Corner of said Section. 35
bears S. 41° 54' 21" W. 1950.50 feet.
6. The use of the water is irri.7atior..
7. The date of initiation of appropriation 13 "-lay 1,
8. The amount of water claimed is 1.0 cubic foot of water
per second of time.
9. The ditch was constructed ar.d the water was diverted
ar.d first apnlied to the above beneficial use on "lav L, 19()5.
-r
Of 1J.i;J Le 1:;'il:i; tilt; oo
.:.b U I iicctlitJ .
1965.
A • r
• •
The, Referee does therefore conclude ude th:rt the :rt,ove
ertitled ;+ppll e:iti or: should be c7r:rntr'1 :]rd
that 1.0 cubic
feet of water per second of time hereby iG awarded to the . it .: .
Ditch, for irrirati.on use, with appropriation; date of the 1st clay
of "day, 1965, absolutely and unconditionally; subject, however,
to all earlier priority rig:its of others and to tho integration and
tabulation by the Division Engineer of such priorities ar.d changes
of rights in accordance with law.
It is accordingly OFDI RED that this rulinr shall be
filed with the `.Dater Clerk and shall become effective upon such
filing, subject to Judicial review pursuant to rection. 37-92-3C!l
C.R.S. 1973.
It is further ORDERED that a copy of this ruling shall
be filed with the appropriate Division Engineer ar.d the State
Engineer.
Done at the City of Glenwood Springs, Colorado, this
/B day of , 1975.
No protest was filed 1n this cit or
The foregoing ruling is confirmed
and approved, and is made the
Judgment and Decree of this court.
Dated:
9-S! IQ 7.N
er 7udje
BY THE REFEREE:
U. .r Division. No. 5
State of Colorado