HomeMy WebLinkAbout2.0 BOCC Staff Report 11.07.1983•
BOCC 11/7/83
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: SB 35 Exemption
APPLICANT: Ann C. Robinson
LOCATION: A parcel located in the NW 1/4 NE
1/4 Section 30 T5S, R92W, more
generally described as a parcel
located 2 1/2 miles northeast of
Rifle on County Road 251
SITE DATA: A 37.336 acre parcel to be split
into single family lots.
WATER: Individual wells
SEWER: Individual sewage disposal systems
ACCESS: Via County Rd. 251
ZONING: A/R/RD
ADJACENT ZONING: A/R/RD in all directions
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The parcel is located in District B, Subdivision/Rural Serviceable
areas 1/2 to 1 mile radius, moderate environmental constraints.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description:
The site has some steeper slopes on the east side, with
relatively flat open fields in the remaining portion with some
cropland and low lying marsh areas.
B. Pro,lect Descriation:
It is proposed that the 37.886 acre parcel be split into four (4)
parcels of approximately 7, 3, 10 and 12 acres in size.
Additionally, it is proposed that the lot line to an existing
5.246 acre parcel be adjusted to create a better building lot on
one of the proposed parcels. The 37,886 acre and 5.246 acre
parcels were created by exemption in Resolution No. 81-50, which
states that no further exemptions shall be allowed on these
parcels.
III.MAJOR CONCERNS AND ISSUES
1. The source of domestic water will be individual wells. The
applicant has submitted a water augmentation plan that is Case
No. 82 cw 152, but as yet not approved.
2. The SCS soils reports indicate that most of the area has
severe restrictions for individual sewage disposal systems. Some
of the lots may be required to go to an engineered individual
sewage disposal system, depending upon the location. A plat note
stating "Engineered individual sewage disposal systems may be
required", should be included.
-1-
• •
IV. FINDINGS
1. That the application meets the requirements set forth in
Resolution No. 80-65;
2. That Resolution No. 81-50 states that no further exemptions
shall be allowed on said parcels;
V. RECOMMENDATION
That if the application is approved, the following conditions be
imposed:
1. That an exemption plat be drawn showing:
a. legal access to all lots;
b. easements for all irrigation ditches;
c. a plat note stating "Engineered individual sewage
disposal systems may be required".
2 That prior to signing the plat, a copy of the signed final
decree for Case No. 82 cw 152, be provided to the Department of
Development office.
3. That the applicant pay $600.00 to the Department of Development
for school assessment fees prior to signing of the plat.
•
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
• FILED IN DISTRICT COURT
WATER DIVISION 5, COLORADO
MARIE TALkMAS, CLERK
MAR 2 6 1984
Application No. 82CW152
RULING OF REFEREE
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF ANN
CATHERINE ROBINSON, IN THE COLORADO RIVER, OR ITS TRIBUTARIES,
TRIBUTARY INVOLVED: RIFLE CREEK, IN GARFIELD COUNTY
The above entitled application for Water Storage Rights,
for Underground Water Rights, and for Approval of Plan for
Augmentation was filed on June 30, 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, in accordance with Article 92 of
Chapter 37, Colorado Revised Statutes 1973, known as the
Water Right Determination and Administration Act of 1969.
It appearing from the files and records that Statements of
Opposition were filed on behalf of the City of Rifle, Colorado,
and on behalf of Rifle Gap Land Company, Pierce Mangurian,
and Carroll Wilson, the Referee determined in his discretion
as provided by C.R.S. 1973, 37-92-303(1), to re-refer the
application to the Water Judge for Water Division No. 5, and
said application was re-referred by the Water Referee to the
Water Judge for Plater Division No. 5 on September 27, 1982.
As a result of negotiations between the Applicant and
the above named Opposers, a Stipulation and Agreement was
entered into and filed in Water Court for Water Division No.
5. The application was again referred to the Water Referee
by the Water Judge for Water Division No. 5 on December 14,
1983. The pertinent parts of said Stipulation and Agreement
have been incorporated into this Ruling of Referee.
And the undersigned Referee having made such investigations
as are necessary to determine whether or not the statements
in the application, and in the Stipulation and Agreement,
are true, and having become fully advised with respect to
the subject matter of the application, and in the Stipulation
and Agreement, does hereby make the following determination
and ruling as the Referee in this matter, to -wit:
1. The statements in the application, as revised and
changed by the Stipulation and Agreement, are true. The
statements in the Stipulation and Agreement are also true.
82CW152
2. The name and address of the claimant is Ann
Catherine Robinson; 0155 County Road 251; Rifle, Colorado.
3. This is an application for the following:
A. Robinson Pond System, consisting of (as amended by
above described Stipulation and Agreement), Robinson
Pond No. 3 and Robinson Pond No. 5, which, in
order to prevent future confusion, are hereby
renamed Robinson Pond No. 1 and Robinson Pond No.
2.
B. Robinson Well System, consisting of (as amended by
above described Stipulation and Agreement), not
more than 3 wells;
C. Approval of Plan for Augmentation.
4.A. Robinson Pond System
(1) Robinson Pond No. 1
(a) The source of the water is Rifle Creek
through the Rifle Creek Canyon Ditch, tributary
to the Colorado River.
(b) The pond is located in the NW4NE4 of
Section 30, T. 5 S., R. 92 W. of the 6th P.M.
at a point 400 feet South of the North line
and 2,100 feet West of the East line of said
Section 30.
(c) The amount of water claimed i/ 2.85 acre
feet. a,
(d) The uses of the water are municipal,
household domestic, irrigation, livestock
water, fire protection, recreation, fish and
wildlife propagation. The stored water will
be used in connection with a plan for augment-
ation.
(e) The date of initiation of appropriation
is May 15, 1982. The water has not yet been
stored and applied to beneficial use.
(2) Robinson Pond No. 2
(a) The source of the water is Rifle Creek
82CW152
• •
through the Rifle Creek Canyon Ditch, tributary
to the Colorado River.
(b) The Pond is located in the NW4NE1/4 of
Section 30, T. 5 S., R. 92 W. of the 6th P.M.
at a point 800 feet South of the North line
and 2,600 feet West of the East line of said
Section 30.
(c) The amount of water claimed is 2.85/acre
feet.
(d) The uses of the water are municipal,
household, domestic, irrigation, livestock
water, fire protection, recreation, fish and
wildlife propagation. The stored water will
be used in connection with a plan for augmenta-
tion.
(e) The date of initiation of appropriation
is May 15, 1982. The water has not yet been
stored and applied to beneficial use.
B. Robinson Well System
(1) Robinson Well No. 1, No. 2 and No. 3.
(a) The source of the water is from wells
having an estimated depth of 200 feet, and
being tributary to Rifle Creek, tributary to
the Colorado River.
(b) The wells will be located in the SWSEa
of Section 19, and in the NW1/4NE1/4 of Section
30, T. 5 S., R. 92 W. of the 6th P.M. The
exact location of the wells will be determined
at the time applications for drilling permits
are made.
(c) The total amount of water claimed for all
of the wells is 173.28 gallons per minute
(0.38 c.f.s.), however, in accordance with
the Stipulation and Agreement, the total
diversion for all of the wells shall be
limited to 13,870 gallons per day during the
summer months, April through October, and
shall be limited to 7,790 gallons per day
during the winter months, November through
March.
82CW152
(d) The use of the water is municipal, house-
hold, domestic, irrigation, livestock water
and fire protection.
(e) The date of initiation of appropriation
is May 15, 1982. The water has not been
diverted and applied to beneficial use.
C. Plan for Augmentation
(1) The applicant is the owner of 43.13 acres of
land located in the SW4SE4 of Section 19 and
in the NW4NE4 of Section 30, T. 5 S., R. 92
W. of the 6th P.M. The applicant intends to
subdivide the acreage into not more than 19
residential lots.
(2) The source of supply of water for the subdivision
is Robinson Well System as set forth in
paragraph 4.B. above.
(3) The purpose of this Plan for Augmentation is
to furnish a dependable and legal supply of
water for the subdivision.
(4) The applicant is the owner of 0.47 c.f.s. of
the Rifle Creek Canyon Ditch which diverts
from Rifle Creek, tributary to the Colorado
River, having Priority No. 80, with adjudication
date of May 11, 1889, and appropriation date
of November 15, 1886.
(5) Applicant's Statement of Plan for Augmentation,
as modified and limited by the Stipulation,
is as follows:
(a) The applicant will use the Robinson Well
System, consisting of not more than three
wells, as described in paragraph 4.B. above,
to supply water to a 19 unit subdivision for
municipal, household, domestic, irrigation,
livestock water and fire protection purposes.
(b) The water requirements have been calculated
based on the following criteria:
(1) Nineteen single family residences at 350
gallons per day per residence, of which 0.75
82CW152
acre foot per year will be consumptively
used; with 2000 square feet of lawn and
garden irrigation per residence which will
require 1.47 acre feet of consumptive use; a
total of not more than 38 head of horses
requiring 1.28 acre foot of consumptive use;
and evaporation loss from Robinson Ponds No.
1 and No. 2 of 2.15 acre feet per year. The
total annual consumptive use for the entire
project is\ 5.65 -acre feet'.
(c) Robinson'Ponds No. 1 and No. 2 will be
filled with the water owned by the applicant
in the Rifle Creek Canyon Ditch as described
in paragraph 4.C.(4) above. The applicant
will construct a lateral from the Rifle Creek
Canyon Ditch to the upper pond. The applicant
will install, in the lateral, a measuring
device acceptable to the Division Engineer
for Water Division No. 5, for the purpose of
measuring the applicants use of 0.423 c.f.s.
of said Rifle Creek Canyon Ditch, Priority
No. 80. The remaining 0.047 c.f.s. of Priority
No. 80 owned by the applicant shall be left
in the Ditch to compensate for ditch losses
below the point of removal from said ditch.
It is not intended that the Water Commissioner
will control the flow from the Rifle Creek
Canyon Ditch to the Robinson Ponds, but the
applicant will record the flow and report to
the Division Engineer.
(d) The applicant will permanently remove
from irrigation not less than 3.6 acres of
land which have been historically irrigated
by the water in the Rifle Creek Canyon Ditch,
Priority No. 30, which is owned by the
applicant. The final plat of the subdivision
shall designate the 3.6 acros to be removed
from irrigation.
(e) The water in storage in Robinson Pond No.
1, and in Robinson Pond No. 2 shall be released
to Rifle Creek at such times and in such
quantities as is necessary to permit diversions
from the Robinson Wells. The releases to the
Creek from the ponds shall be in quantities
and at times as determined by the Division
Engineer for Water Division No. 5, but shall
be not less than 5.65 acre feet annually.
82CW152
(f) The applicant shall install on each well
in the subdivision, a totalizing flow meter
satisfactory to the Division Engineer for
Water Division No. 5, and shall report
diversions from the wells as requested by the
Division Engineer on a form acceptable to the
Division Engineer.
(g) Protective covenants shall be filed in
the Garfield County Clerk and Recorder's
Office which will limit the number of dwellings
to not more than 19, and total lawn, garden
and open space irrigated under this Plan for
Augmentation to 0.87 acres.
(h) The applicant's ownership of water in the
Rifle Creek Canyon Ditch Priority No. 80,
which is not used to implement this Plan for
Augmentation will be used on the property as
it has been historically except for those
areas removed from irrigation as required by
this Plan for Augmentation.
The Referee, having made the necessary investigations,
does conclude that the above entitled application should be
granted as follows:
A. Robinson Pond System, consisting of Robinson Pond
No. 1 and Robinson Pond No. 2 is hereby awarded a
conditional water right for a total of 5.65 acre
feet of water, each Pond having a capacity of 2.85
acre feet, to be used for municipal, household,
domestic, irrigation, livestock water, fire protection,
recreation and fish and wildlife propagation, with
appropriation date of May 15, 1982. The ponds
will be used in conjunction with the Plan for
Augmentation described herein.
B. Robinson Well System, consisting of Robinson Well
No. 1, No. 2 and No. 3, is hereby awarded a
conditional water right for 173.28 gallons of
water per minute (0.38 c.f.s.); however, the total
diversion for all of the wells is limited to
13,870 gallons per day during the months of April
through October and 7,790 gallons per day from
November through March, to be used for municipal,
household, domestic irrigation, livestock water,
and fire protection purposes, with appropriation
date of May 15, 1982. The wells shall be used in
82CW152
conjunction with the Plan for Augmentation described
herein.
As to the conditional water rights hereby awarded to
Robinson Pond System and to Robinson Well System, an applica-
tion for quadrennial finding of reasonable diligence shall
be filed in March of 1988 and in March of every fourth
calendar year thereafter so long as claimant desires to
maintain the conditional water rights or until a determination
has been made that the conditional water rights have become
absolute by reason of the completion of the appropriation.
C. Plan for Augmentation.
(1) The Plan for Augmentation is one contemplated by
law and if administered in accordance with the
Plan as set forth in paragraph 4.C. above, will
permit the diversion of water from the Robinson
Well System without injuriously affecting the
owner of or persons entitled to use water under a
vested water right or a decreed conditional water
right. Accordingly, the Plan for Augmentation is
hereby approved subject to the following conditions:
(a) The applicant will install a measuring device
acceptable to the Division Engineer for Water
Division No. 5 at the outlet of the Robinson Pond
System for the purpose of measuring the releases
from the Ponds to Rifle Creek.
(b) The applicant will install totalizing flow
meters on each of the wells comprising the Robinson
Well System and shall report diversions from the
wells as requested by the Division Engineer for
Water Division No. 5.
(c) The applicant will permanently remove from
irrigation not less than 3.6 acres of land which
have been historically irrigated by the water
owned by the applicant in the Rifle Creek Canyon
Ditch, Priority No. 80. The final plat of the
subdivision shall designate said 3.6 acres of
land.
(d) Protective covenants shall be filed in the
Garfield County Clerk and Re-corder's Office which
will limit the number of dwellings to not more
than 19, and total lawn, garden and open space
irrigated under the Plan for Augmentation to 0.87
82CW152
acre.
• •
It is accordingly ORDERED that this ruling shall be
filed with the Water Clerk subject to judicial review.
It is further ORDERED that a copy of this ruling shall
be filed with the appropriate Division Engineer and the
State Engineer.
Dated: zt�4ACh e6t /9 %:
EY THE REFEREE:
W r Referee
ter 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 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 two calendar years succeeding the year in
which the Plan for Augmentation is implemented.
-8-
Dated:
Water Judge
•---:'nater
__✓. ._. EriFineer-z—and
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r Lly. No. 5
820'7152
acre.
• 1
It is accordingly ORDERED that this ruling shall be
filed with the Water Clerk subject to judicial review.
It is further ORDERED that a copy of this ruling shall
be filed with the appropriate Division Engineer and the
State Engineer.
Dated: A/ I3 /f et_:( l 9 z
BY THE REFEREE:
iay�f r Referee
ter 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 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 two calendar years . U ... e.":` :
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577797 03/20/2001 10:14A 81238 P662 M ALSDORF
1 of 3 R 15.00 D 65.00 GARFIELD COUNTY CO
WARRANTY DEED
THIS DEED. Made this 16th day of March, 2001, between Robert N. Caliva and Kathryn
P. Caliva, of the County of Garfield and State of Colorado, Grantors. aid Doby Enterprises. L.L.C.,
whose legal address is P.O. Box 312, Rifle, CO 81650, of the County of Garfield, State of Colorado,
Grantee:
WITNESSETH, That the Grantors for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain,
sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property,
together with improvements, if any, situate, lying and being in the County of Garfield, State of
Colorado described as follows:
That real property described on Exhibit A, attached hereto, and incorporated herein
by this reference.
also known by street and number as: 0115 County Road 251, Rifle, Colorado, 81650.
ANI) WARRANT title to the same subject to the lien of the 2001 general property taxes,
reservations, easements, rights of way and those other matters set forth on Exhibit B, attached hereto,
and incorporated herein by this reference.
above.
IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth
Robert N. Caliva
K‘thryn P Caliva
STATE OF COLORADO
) ss
COUNTY OF GARFIELD
The foregoing instrument was acknowledged before me this 16th day of March, 2001, by
Robert N. Caliva and Kathryn P. Caliva.
Witness my hand and official seal.
My Commission Expires: Ocl - .) 1 - C \
r
p
Notary Public
•
DEN NA ,
ROOF
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IIIIJ I!1II 111111111111 11111111 Will 1111 11II
577797 03/20/2001 10:14A B1238 P663 M ALSDORF
2 of 3 R 15.00 D 65.00 GARFIELD COUNTY CO
EXHIBIT A
A.Parcel of land in Lots 3 and 4 in the SW1/4 of Section 19, Township 5 South, Range 92 West of the
6th P.M., Garfield County, Colorado being more particularly described as follows:
Beginning at a point on the northerly right of way of County Road 251 said point also being at the
centerline of Rifle Creek; whence the southwest corner of said Section 19 bears South 87°20'25"
West 1335.80 feet; thence. along' said northerly right of way South 89°57'39" West 706.36 feet to a
point on the East right of way of State Highway 325; thence along said right of way on the
following courses:
North 01°54'29" East 725.65 feet; thence 205.63 feet along the arc of a curve to the left having a central
angle of 12°12'16" and a radius of 965.36 feet the chord of which bears North 04°11'40" West 205.24
feet; thence 109.56 feet along the arc of a curve to the right having a central angle of 4°13'44" and a
radius of 1484.38 feet the chord of which bears North 08°10'56" West 109.53 feet; thence North
06°04'04" West 96.47 feet; thence 222.81 feet along the arc of a curve to the left having a central angle
of 5°26'23" and a radius of 2346.83 feet the chord of which bears North 8°47'16" West 222.73 feet;
thence 93.53 feet along the arc of a curve to the right having a central angle of 11°42'06" and a
radius of 457.94 feet the chord of which bears North 5°39'24" West 93.36 feet; thence North
00°11'39" East 329.90 feet to a point on the southerly boundary line of Block 2 Rifle Creek Ranch
Subdivision; thence along said southerly line 64.95 feet along the arc of a curve to the left having a
central angle of 23°48'22" and a radius of 156.32 feet the chord of which bears North 78°17'28" East
64.48 feet; thence North 87°10'28" East 721.01 feet to the SE corner of said Block 2 said point being
on the East line of said Lot 3; thence along said East line South 00°00'15" West 621.01 feet to a point
on the East line of said Lot 4, said point also being at the centerline of said Rifle Creek; thence along
said creek on the following courses: South 23°15'49" East 251.00 feet; thence South 33°28'37" East
93.21 feet; thence South 28°15'56" West 80.98 feet; thence South 23°45'00" East 65.00 feet; thence
South 49°15'00" East 87.00 feet; thence South 47°05'00" West 63.00 feet; thence South 8°05'00"
West 115.00 feet; thence South 26°15'00" West 75.00 feet; thence South 6°52'30" East 151.00 feet;
thence South 15°08'40" West 72.42 feet; thence South 19°45'00" East 130.00 feet; thence South
2°30'00" West 35.00 feet; thence South 59°40'00" West 35.00 feet; thence North 83°40'00" West
80.00 feet; thence South 26°00'00" West 60.00 feet; thence South 36°10'00" West 55.00 feet to the
POINT OF BEGINNING.
HII!!IiIIJI 111111 1 11111111IIII' 1 111111111111111
577797 03/20/2001 10:14A 81238 P664 M ALSDORF
3 of 3 R 15.00 D 65.00 GARFIELD COUNTY CO
EXHIBIT 13
1 Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the
same be found to penetrate or intersect the premises hereby granted, and a right or way for
ditches or canals as constructed by the authority of the United States, as reserved in t lnited
States Patent recorded May 2, 1892 in Book 12 at Page 143, and in patent recorded April 15,
1963 in Book 348 at Page 340.
2. Reservation of an undivided one-half interest in all mineral rights as reserved by Effie Sayre
in deed recorded February 1, 1954 in Book 275 at Page 34, and any and all interests therein
or assignments thereof.
3. Reservation of an undivided one-lourth interest in all oil, gas and other minerals as reserved
by Cecil Vernon in deed recorded March 9, 1962 in Book 332 at Page 598 and any and all
interests therein or assignments thereof.
4. Reservation of an undivided one-eighth interest in all oil, gas and other minerals as reserved
by W.F. Scarrow and Myrtle E. Scarrow in deed recorded March 3, 1969 in Book 400 at
Page 163, and any and all interests therein or assignments thereof.
5. Terms and conditions of Subdivision Exemption as contained in Garfield County Resolution
No. 79-124 recorded October 12, 1979 in Book 537 at Page 196.
6. Any question, dispute or adverse claims as to any loss or gain as a result of any change in the
river bed location by other than natural causes, or alteration through accretion. reliction,
erosion or avulsion of the center thread, hank, channel or flow of waters in the Rifle Creek
lying within subject land; and any questions as to the location of such center thread, bed,
bank or channel as a legal description monument or marker for purposes of describing or
locating subject lands.
7. Easement granted to the United States of America for the construction, operation and
maintenance of an electric transmission line as more particularly described in instrument
recorded March 15, 1963 in Book 347 at Page 524.
8. Right of way granted to Mountain States Telephone and Telegraph Company in instrument
recorded July 13, 1931 in Book 168 at Page 159.
Terms and conditions of Agreement by and between Ann C. Robinson and Leonard P.
1lennig concerning the use of domestic well as more particularly described in instrument
recorded July 3, 1990 in Book 782 at Page 820.
9.
10. Right of way for the Grand Tunnel Ditch as the same crosses the subject property.
Non-exclusive easements reserved to Ann Catherine Robinson, her heirs, successors and
assigns, for use in connection with her 16/30's interest in Kay's Korner Wells No. 1 and No.
2, extending to cover all real property within a thirty (30) foot radius of Kay's Korner Well
No. 1 and all real property within a thirty (30) foot radius of Kay's Korner Well No. 2, and
including the right to operate and maintain said wells and to install, operate and maintain
underground pipelines, underground electrical power lines and other facilities reasonably
necessary to utilize her retained water rights.
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GARF TF'T,D COUNTY, COLORADO
SUBDIVISION EXEMPTION
PARCEL NO. 1 AND 2
SOLAR COUNTRY
P.O. Box 163
Silt, CO. 81652
CI /11 4 A