HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF
COUNTY COMMISSIONERS OF
GARF Z ELD COUNTY, COLORADO
PET Z T I ON FO.E EXEMPT Z ON
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,
ERNST G. SCHOPP and MARGARETE H. SCHOPP, respectfully petition the
Board of County Commissioners of Garfield County, Colorado to
exempt by Resolution the division of a 22.63 acre tract of land
into two tracts of approximately 12.90 acres and of approximately
9.73 acres, 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:
1. The 22.63 acre tract which is the subject of this
Petition is one of two parcels created from a larger parcel
containing 51.14 acres, more or less. The larger parcel was
physically divided by the Lower Cactus Valley Ditch, which now
forms the southerly boundary of the 22.63 acre tract. The portion
of the larger parcel lying southerly of the Lower Cactus Valley
Ditch has not been further subdivided and is presently owned by
Ronald W. Smith and Jean M. Smith (see copy of deeds attached).
2. The 22.63 acre tract owned by Petitioners is
physically divided by the escarpment of Silt Mesa into two tracts,
one of approximately 9.73 acres and one of approximately 12.90
acres. It is the division of these parcels that Petitioner
requests be exempted from the full subdivision process.
3. The Petitioners currently occupy the dwelling house
on the 9.73 acre parcel as their primary residence. The residence
has an individual septic system and has as its domestic water
supply Schopp Springs as adjudicated in Water Division No. 5, Case
No. 91CW097 (Copy of Ruling of Referee, Judgment and Decree are
submitted herewith).
4. If this Petition is granted, the 12.90 acre tract
would be the site of a new single-family residence. This residence
would utilize an individual septic system and permitted household
well. (Applied for - see copy of application submitted herewith.)
5. If necessary, the domestic water supply for either
residence may be augmented by Ruedi Reservoir water contracted for
through the West Divide Water Conservancy District.
6. A letter for review and approval has been submitted
to the Burning Mountains Fire Protection District (copy submitted
herewith).
submitted:
7. In support of this Petition, the following are
A. Sketch Map (Schopp Improvement Location
Certificate prepared by Shale Country Surveying, 11/18/91, with
proposed boundary between proposed tracts to be created).
B. Vicinity Map (proposed tracts designated "12.9"
and "9.73" with yellow highlighting).
C. Copy of deed to Petitioners from Ukele.
D. Copy of deed to Smith from Ukele.
• •
E. Schedule of names and addresses of owners of
record of lands within 200 feet of the proposed exemption and
mineral owners of record of the property.
F. Soil Types obtained from U.S.D.A., Soil
Conservation Service.
G. Copy of decree in Water Division No. 5, Case
No. 91CW097 for Schopp Springs and copy of well permit application
submitted to Division of Water Resources.
H. Copy of deed to Ukele, and copy of portion of
current assessors plat number 2179 demonstrating that Petitioners'
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.
I. Copy of letter to Burning Mountains Fire
Protection District.
J. Petitioner's check for $300.00 application fee.
Respectfully submitted this S/(day of April, 1995.
, • w 7(7/2
ERNST G. SCHOPP
//0e7etje-
MARGARETE H. SCHOPP
STUVER & GEORGE, P.C.
By
Thomas W. Stuver - #1411
Attorneys for Petitioners
120 West Third Street
P. 0. Box 907
Rifle, CO 81650
Telephone: (303) 625-1887
2
COLORADO DIVISION ('• VIA-1 LH IiLSUUIiCE
( \ rnb ne Bldy., 1845 Sher,,,an St., Denver, CCS 80203
• PERMIT APPLICATION FORM
Application must
be complete where ( 1,4 PERMIT TO USE GROUND WATER
applicable. Type or (X) A PERMIT TO CONSTRUCT A %YELL
print in BLACK FOR: (X) A PERMIT TO INSTALL A PUMP
INK. No overstrikes
or erasures unless
initialed.
( ) REPLACEMENT FOR NO
( ) OTHER
(1) APPLICANT - mailing address
NAME ERNST G. and MARGARE'i'L H. SCHOPP
STREET
0335 Ukele Lane
CITY Silt CO 81652
TELEPHONE NO.
(State)
(970) 876-2131
(ZIP)
(2) LOCATION OF PROPOSED WELL
County
SW Y. of the Y. Section 4
Garfield
Twp. 6 S Rng. 92 6th P,M_
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) 15 gpm
Average annual amount of grourtd w to
to be appropriated (acre•feetl' 1�2
Number of acres to be irrigated: one
Proposed total depth (feet): 100
Aquifer ground water is to be obtained from:
gravel
Owner's well designation
GROUND WATER TO BE USED FOR:
( ) HOUSEHOLD USE ONLY - no irrigation (0)
(X) DOMESTIC (1) ( ) INDUSTRIAL (5)
( 1 LIVESTOCK (2) ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( ►MUNICIPAL (8)
( 1 OTHER (9) lawn irrigation
(4) DRILLER
Name
Street
City
Stoneman Drilling
1560 County Road 293
Rifle CO 81650
(State) (Z.p)
Telephone No. 625-1421 Lic. No 78
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No /
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.
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATION DATE
BY
I.D
(STATE ENGINEER)
COUNTY
(5) THE LOCATION OF THE PROPWELL and the area on
which the water will be used must be inoic:ated on the ding. 2-n below.
Use the CENTER SECTION (1 section, 640 acres) for the we!! location.
+ — -1- — -{- — -}- — -;- — -}- --
!..11-
!..11 1 MILE, 5280 FEET - ►
I
r+NORTH
4-
-
- -}- -
w
z
J
2
0
1-
w
W
H
1-
N
w
NORTH SECTION LINE
- + 1 -
1
I
1
1
1
1
1
1
1
_ -
- 4_ -
1
1
1
i
1
SOUTH SECTION LINE
+
1
-�- -1- -I- -I- -1- 4 + +
1 1
The scale of the diagram is 2 inches . 1 mile
Each small square represents 40 acres.
(6) THE WEL UST BE LOCATED BELOW
by distances trom section lines.
1,365
ft. from
1,100 ft from West
LOT BLOCK
South sec. line
(north Or SOUth)
(east or west)
FILING sr
sec. line
SUBDIVISION
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner: Applicants
No. of acres
22.63 Will this be
the only well on this tract? Yes
(8) PROPOSED CASING PROGRAM
Plain Casing
7 in from 0 ft to 60 ft
in from ft to ft
Perforated casing
5 in from 60 ft to 100 ft
in from
ft to
ft
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second Ids) ... 449 gallons per minute Igpml
A family of 5 will require epprorimatcly 1 acre-foot of water per year.
1 acre-foot ... 43,560 cubic feet ... 325,900 gallons.
1,000 gom pumped continuously'for one day produces 4.42 acre-feet.
(9) FOR REPLACEMENT WELLS givedistance
and direction from old well and plans for plugging
it:
(10) LAND ON WHICH GROUND WATER WILL BE USED;
owner(s): Ernst G. and Margarete H. Schopp
Legal description: See deed attached
No. of acres: 22.63
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wens must indicate type of disposol system
to be used.
Single family household use; individual septic system meeting Garfield County
standards.
(12) QTHER WATER RIGHTa used on this land, including wells.
1. Water Division No. 5
ype or rig t Used for (purpose)
Schopp Springs 1 thru 13 livestock, irrigation,
2. Silt fro ection (35 "'domestic and household
acre Leet) irrigation
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION
TRUE TO THE BEST OF HIS KNOWLEDGE.
.���1� <.f�� ��t
IGNATURE OF ;PLICANT(SI
Description of land on which used
SZ of Applicants' land
All of Applicants' land
SET FORTH HEREON IS
Use additional sheets of paper if more space is required.
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Li; A GLENWOOD SPRINGS 17 MI.
(NEW ASTLEI —1
In
4463 // SE
ecOrdd Noy 2 41980 CY3K 560 1'4E704
Reception S---"ro.
' ----- - __ 172_1'21_1f • • -•
0-1,-
rrnits DEED. mvs. th. Novembe
i• day of --- —
Reat
---t
I 19 80 , between MARK E. UKELE and ESTHER R. UKELE
a Li V-
, r
NOV 2 4 19P.0
•. •"' • • . . - . • . - •
. .. . . . Trv-r xTrrrtri ra
cc,,,,t, of Garfield and State of . . -
..,..
. . , • .. , ,
ERNST G. SCHOPP and riARGARE1E H• $CHOPP • -
530..•
7...
Colorado, of the Arst part. and
•, . . • , , , .. . •
of the County a
Ash, Rifle,.Colorado 81650
h •
Garf ield . . and State of Colorado, of the second part:
1 whose legal address is
\: VaTNESSETH. that te said part ie S of the first part, for and in consideration of the sum of
II NrCeANYt•t(
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to the said partieS of the first part in hand paid by the said parties of the second part, the receipt whereof is
v,. TEN DOLLARS AND OTHER GOOD AND VAIUABLE CONSIDERATIONS
hereby confessed and acknowledged, hi ve granted, bargained, sold and conveyed. and by these presenta do they
i I grant, bargain, sell. convey and confirm unto the said parties of the second part, their heirs and rasigns forever,
I. '
not in tenancy in cotornon but in joint tenancy. 'all the following described lot or parcel of land, situate,
lying and being in theGarfield County-
. and State of Colorado, to wit: A parce
r,of land situate in the Vest 1/2 Southwest 1/4 Section 4, Township 6 South, Range 9
. . 0f -
est of the 6th Principal Meridian lying Northerly of the existing centerline of the
Lower Cactus Valley ditch as in place on November 7, 1980 and westerly of the westPrly
side cfCounty Road No. 229, more particularly described asfollows: Beginning at he,.
Vitness Corner that is common to Sections 4, 5, 8, and 9 of said Township and Range;
I•thence North 575.68' to a point in the Lower Cactus Valley ditch, the true point ot
laeginning; with all bearingscontained herein being relative to a bearing of N00048‘'00"
along the_Vest line of Section 5 of said Township and Range; thence along a fence
1.N00•43'51"W 942.48 feet; thence along a fence N89°14'12E 1298.58 feet; thence along
I':a fence on the'Vest side of County Road N0.229,500°14.00E 843.69 feet to a point 0
the Lowcr•CaztuValley ditch; thencethe following courses along the centerline of;
said ditch: N51'50'00"V152.80 feet; thence N65°32'37"14 51.09 feet; thence N75.13'0iA"V
239.92 fect;•thatie S69°0657"W 189.35 feet; thence S77°35'23'14 69.61 feet; thenceII
\585°06'13V 211:70 feet; thence S67°24'38"V 105.57 feet; thence N87°08'504 82.87 f'eet;
thence 567-v39'32"1' 90.97 feet; thence 554°39'47W 209.69 feet, to the true point ofl
' \I
\JOGETHER WITH 35 acre feet (annually of Silt Project water including all ditch rig:hts
hbeginnin,„..ontaining 22.63 acres, more or less.
1\belonging thereto, subject to the obligations terms an ffect of ownership of siilIch
Iater rights. RESaVING HEREBY untoatflhenwAheel sEineUrssc, iort in jointitienhatnsc ,
er1N Ltand their heirs and assigns forever,AalY oil, gas,IgeoEermat, and minera r g
on and under the above described parcel of land tosether with rights to I
71Plgorien,,drill, mine, produce, and in any other manner deal with said reserved
,
PARTIES OF THE SECOND PART, by acceptance of delivery of this deed and the recor
..• •
I thereof, convenant and agree with the parties of the first part, their heirs and \\
1 assigns, that so long as the Parties of the first part, their heirs and assigns,
1 \rights.
1 hold any mortgage or are beneficiaries of any deed of trust encumbering said parc4
\Iof land or any portion thereof, no building improvements of any sort other than those
I Idirectly related to farm -ranch purposes shall be placed orconstructed on any porton
4 \of said parcel of land lying Northerly of the crest of the hill, which hill comprqes
part of the property. This covenant shall run with the title to said parcel of land.
, .._., •
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- C... 't t. .,!. .t.. ' .....' • e' '
-. ... ..."; . .
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nber (vacat lane) •
' ' . also known ILA street and number , no -street .insn.-', ,
: ' :. ' 7.-. 4 --, ..t.....- - -- '. -, •.. ' '1. ,..-- .:' 4 l'-'. ....- ' 'C't...n.."
'-'
' 17 ' t. '70GETKER with all and singular the hereditanients and.apistsrter,iances threiantri belonging.or in enriel;< aPP.r-
I. .taining, •nd the reversion and reversions. rern:ain,dr akd rern'ainders, rents. fastiesnd profit:tiiereof;laini all the
i - id, in and to the above bargained preMiaes. with the heredita me nts andappurt'enances..1 i E • 1 7s. ; 1 i.
iist-ate, right. title, interest. claim and demand.wllatsoeVer of thesaid part les of the first part...e.i.th.vir in law'Or equity.
,, 1 i i t t ,_ - i . ; ; : , , . • , .4 i - t•
l• ''.::: 1:. k...-: , lit
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i i I i 4 • - . . ... 4 . 't
- Ot 64for 4 1,1,1e•hong C...1044 .5lmot S eeeee . l,n,1•1. Color *3.0.73 S.0111-- 1-111 . k4
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...
.........•,:ar.,
b')i;K 560 P:GE7OS
above bargained and described, with the sppurten►nota, unto the add
S ata ever. And the and
part les of the first part, for Chemo
tTO cf the AND TO HOLD rhe add premises orebargain and agree to them—
sal
with the
i parties of second part,
their heirs and assign do they covenant, grant, ►
set d pa ettes o the theirs, and pert, their
weirs and assig that at the time of the ensealing and delivery of these presents.
artier o(the second p►R, their peen i nal assigns, ed, as of good, sure, perfect, absolute and Indefeasible estate
ssid P to ant, bargain, sell and
well seized of the Premises above convey ants,
they are Ve good ngpt,. full power and lawful ►uthonty Cr
In fee aimple, and haeneral
of inheritance in lea, said, and that the same are free and c1e►r from ar former subj ee i cher $
convey the acme in manner and form afore
ttt1, 1981 which parties of the second part
bargains,sfsrle 1980,linassessments patablern Januaryes of whateverhicer nature,
assume
for grdue paay payable and gas leases of record, and all assignments or
in
assume and agree to all easements and rights of way of record or situate andulatlons;
use; all thereof;al zoning and land use las and
reg than
all local, stinterestd Eandrelaimiappearing of record of any person
use; of land lying
all right, title, part in and to any portion of said parcel
Norther yf the first boundary
line of SW4SW4 of said Section 4;
Northerly of the Northerly
t
s p a their heirs
Y remises in the quiet and peaceable possession of the said parties of the second
the , th the said
and the abov a bargained p person or persons law -fully claiming or to claim the whole or any P
and assigns, against st stl and sehall p pond s and
paRies ofchef�rstpartahnllandwiiltt�ARR't�ofLhDfF�Rt P part
DEFEND.
their
LN WITNESS WHEREOF, the said part les
`� the day and year first above written.
seal s
Signed, Sealed and Delivered in the Presence of
}MARK E. USE
ESTEER R. UKELE
:C t1 .• �TgTs$ OF COLORADO, ' /SS.
S •."cC.untyof Garfield
= 7'Gltlt Prd-d rt1 Fwy e=t was acknowledged before me this
r 49.80p.prlr4 Ekele and Esther R. Uke1e
39a�i
•;,4rcdtn:Ns3on ez.AKe 5--)...m1
z
•
I ;
SEAL]
;SEAL]
(SEAL]
day of November
,19 8 ] . Witness m9 hand and official seal
hour,
O
Nr. Eat w .trwr a st
.�j�"19."1�"3�}�JA��41TT.�•'iL�l^F` :A: . _ ._..-�w�� Y
7,4 y`_ ....r.+a.
04/25 '95 16:01 ID : COMMDNWENLTH T I TLE FAX : 3 003-625_:37045 PAGE 1
•
•
KtatrdedFI t i':3n Inrk ?' ,4 JUL
301993
Rtetpliu. [io.��jr�—f_Il�l}
WARRANTY DEED
T1D5IHIfl.Made chis 29th 4.yo( JULY
ty4S bats,rcca
ESTIIIA A, UKBL6
4r the C'..m ad GARFIELD
CoIoeaao, &ranti+r. ,n1
RONALD W. SMITH AHD ,TEAM M. SMITH
AS !Olaf IfWAfITS, WITM IAL FtaHTS of 91RVIy0pBpip,
111108NnG yr
eonp( 879,:r.; 727
JUL 3 0 1993
QARFwu)
State Doc. Fof
$ //11,4°
"neeleptp44rtasi, 31947 HWY 6 6 24, SILT, CO 81652
Of the Canny or GARFIELD a .d Slate of c lora uaneee:
WTINI_'tilt 1 111,That the pantos srr.ed u aon.idca tion"flat
***an 1111104X? DAVY IRDUSpao 1410 aor las••* DOLLARS,
Ib. romp! and wlalanay or nrdcn 4 ha.bp wPreal.ddaa Fa, aernast oatgtUra, IOW and wvasyl.4. and by Ihna r.aant. dor. Wan.. ya.yr, sot
a n.ay .nd pcnlinn u.lo f,a 1/011'., hls hexa.. 4 a.pns, 4,,...n..e th. nY plapaay tagHlar +rill W*,luwrr..nt. d any. yrwra. MM .rid Ming sir tris,
Canny's AARFilrkt7 and & WS M Caeoradod.anta.a as kapok,:
SEE EXHIBIT 'A" ATTACHED HERETO
AND FORMING A FART HEREOF
4PJNTOR HEREBY RESERVES any *a4 412 ramalning oil, pas and mineral rlghte.
r1ro.".0 ar.n and tarn•., .. 3194? HWY 6 & 24, GILT, PO
ICTIATHkM WA all and Ur, 4.r m. trr.tldnrrrnk and .pW,leaarma tlrralo hrlorollrp, or In anyaia• app.rta,ns,,p, and VI. «norwan and
martlpnk rarnardat and H,rrnd.,., ,..n., r...a and rd4 vasal, and all ha .scall. Neer, ek, inert.", t►I.r. and Wmsnd wad.pa,.1 of fess
y .nldr, *Cm In Ian a .q.by, akin. and to tho tsar aps4tInad y.rryr. 711111 M. FlI WIMrr,Mla Vld appuclinie.tai
TU HAVE AND 10 1-IC1 D lb. ..id a•ns,a.. stars bs,rg.:r.41 and rascal, web der .ppwn■nanoal ria, 7h. '.'I .. hr. Mk* and asaipna
N.mnt.
and tha Vardar, be h....41. h.. h.:., ..d rmanal ..p..r,F.ln►s, dors 0011011114, 941.1, hugaln. snit sees a, anal walh to ramps, his Iwo all
anions, oral at ills an* M M .....I.* and dllinry d fro priors, he is sill ward et me pfamlra abew darnnry.d. has pop, eyes, plead, nasus to
•n44 lndah•.thls swat. a Ird'ara nc., ✓n las, h M. warp.., ar,4 Ma load nahl, full pawn sad la*ol aulha ao lo Otani, lova, ..a d.W wn.ty tl1. rm.
M mama sad lam u •taari41 aN Vaal M sun+ M/ aft and Mal bees Y lama aha WIT pivot Langain* res. Iowa. loom. ....usepard ,
•retA. hl•reaaa.d ppk6Uia t we IM, aria ar Mad/ .data. excerpt General te.f*f end as Gel Valenta for the
year 1993 and aubscguent year4, V. S, Patent reservations, any and all prior
mineral rEBerytot 16rite eanenent■ and rights of way of record.
Th. pm.. emit .n. ,n. YvalWadVt ,wCr TO:V.4.41 TEMU he .hwe rra•:1ad Fooira N ill. pull sap pp.psppp poteesm6/, pp M planer,
IUs t.Orl ed rl/prr, panel oh ane .wry pwapn a priors 16a006r clumiT4 ala IMO. a any pan tltusst TM sxngrYn nambar a*Y Incl. d• 14444 plural
tM plural ell •lrtpul.r and tM .ao nl any an.. 44 apy,r.y. Fo MI sandws
N WITNESS WHEREOF. Mawr/um h... •ausad M.4.ada+ dl. OM. ail fwf,*boys.
ESTHER K. UNCLE
Si'ATI:UI`CO[.t7A,AIi{Y
Io
.{ GARFIELD
l he {Oast r ax Inst ram/ nl was aclnowl W=ed bar.... nit ILIA.
by Es'11ILCH R. VKELR
Mycamnafuln c.iarts 04/29 f94
( G6oR(3E
Lb.nnp.ansah Fan Pia. ad04a7e
29th
Hay af JULY 14 43,
W it res my haad rd n4telal rr*,
13taa.y Ire
400 7th Street So th Suite 1000
kit1G, CO 81650
04'25 '95 16:01
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10: COrMMMONWEALTH TITLE
•
FPX :303-625-E205
EXHIBIT "A"
TOWNSHIP 6 SPUTH RANGE 92 REST OP TEX ETH P.H.
RECTION
SECTION
POT 2
1nPK 870>.r:728
4x OW1/48W1/4 EXCEPT THAT FART LYING NORTH OF THE
CENTERLINE OP THE BOWER CACTUS vAI,L,EY DITCH As DESCRIBED
IN GEED RECORDED NOVEMBER 24,E 1460 IN BOOR 560 AT »OE
704.
4x THAT PART OP LOT 2 IN THE BW1/411N1/4 LYING NORTH OF THE
RIGHT OF WAY OW TER DENIER AND RIO 0RANDE RAILROAD
COMPANY EXCEPT THAT PART LYING WITHIN HIGHWAY 6 AND 21
AS DESCRIBED IN DEED RECORDED MAY 7. 1991 IN BOOK 159 AT
PAGE 246.
13RAWTOR HEREBY RESERVER AN ACCESS E1ISEHIN? ACROSS THE NPRTHWEST
CORKER OF VROPE»TT POR THE UBE PF DUNBARB AND THEIR HRIPS AND
ASSIGNS, TO MAINTAIN THEIR ADUUDICATJD OPRINOS AND THEIR HEADAATE
PROM THE CACTUS VALLEY DITCH.
• •
MA I L I NG L IST
Fay B. Faas and Defiance Ltd.
214 Eighth Street, Suite 300
Glenwood Springs, CO 81601
Mabel B. Harness and
Joe Ann Nichols
P. O. Box 23
Silt, CO 81652
Larry A. and Glenda K. Antonelli
1081 218 Road
Silt, CO 81652
Larry A. and Glenda K. Antonelli
1081 218 Road
Silt, CO 81652
Patrick Louis/Susan Antonelli
31825 Highway 6 and 24
Silt, CO 81652
Garold W. and Marjorie Dunbar
31827 Highway 6 and 24
Silt, CO 81652
Ernst G. and Margarete Schopp
0335 Ukele Lane
Silt, CO 81652
Ronald W. and Jean M. Smith
31947 Highway 6 and 24
Silt, CO 81652
Mineral Right Holder (no outstanding leases)
Esther R. Ukele
P. O. Box 234
Silt, CO 81652
NONTECHNICAL SOILS DESCR N REPORT
LIST
Map
Symbol
Soil name and description
3 ; Arvada loam, 1 to 6 percent slopes
This deep, well -drained soil is on fans and high
terraces. This soil formed in highly saline alluvium
derived from sandstone and shale. The surface laver is
strongly alkaline or very strongly alkaline loam about
3 inches thick. The subsoil is silty clay loam about
14. inches thick. The substratum is silty clay loam to
a depth of 60 inches. Permeability is very slow. and
available water capacity is moderate. Effective
rooting depth is 60 inches or more. Runoff is medium,
and the erosion hazard is moderate.
34 Ildefonso stony loam, 25 to 45 percent slopes
This deep, well -drained soil is on mesas, benches. and
sides of valleys, This soil formed in mixed alluvium
derived primarily from basalt. The surface layer is
stony loam about 8 inches thick. The underlying_
material is very strongly calcareous very stony loam to
a depth of 60 inches. Permeability is moderately
rapid, and available water capacity is low. Effective
rooting depth is more than 60 inches. Runoff is rapid.
and the erosion hazard is high.
54 Potts loam. 1 to 3 percent slopes
This deep, well -drained soil is on mesas, benches, and
sides of valleys. This soil formed in alluvium derived
from sandstone. shale, or basalt. The surface layer is
loam about 4 inches thick. The subsoil is clay loam
about 24 inches thick. The substratum is loam to a
depth of 60 inches. Permeability is moderate. and
available water capacity is high. Effective rooting
depth is 60 inches or more. Runoff is slow. and the
erosion hazard is slight.
55 Potts loam, 3 to 6 percent slopes
NONTECHNICAL SOILS DESCRI• REPORT 110
LIST
Map
Symbol
Soil name and description
This deep, well -drained soil is on mesas, benches, and
sides of valleys. This soil formed in alluvium derived
from sandstone, shale, or basalt. The surface layer is
loam about 4 inches thick. The subsoil is clay loam
about 24 inches thick. The substratum is loam to a
depth of 60 inches. Permeability is moderate. and
available water capacity is high. Effective rooting
depth is 60 inches or more. Runoff is slow, and the
erosion hazard is moderate.
56 Potts loam, 6 to 12 percent slopes
This deep. well -drained soil is on mesas, benches, and
sides of valleys. This soil formed in alluvium derived
from sandstone, shale, or basalt. The surface layer is
loam about 4 inches thick. The subsoil is clay loam
about 24 inches thick. The substratum is loam to a
depth of 60 inches. Permeability is moderate, and
available water capacity is high. Effective rooting
depth is 60 inches or more. Runoff is medium. and the
erosion hazard is high.
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
WILDLIFE HABITAT
LIST
•
PAGE 1 OF 3
04/17/95
Potential for habitat elements ; Potential as habitat for --
I
Map symbol ; Grain ; ; Wild ; 1 ; ; Open- Wood- ; Range -
and soil name ; and ;Grasses; herba Hard- ; Conif-!Shrubs;Wetland;Shallow; land land ;Wetland land
I I I I I I I I
seed and ceous, wood erouslI :plants 1 I water wild- wild -, wild- wild-
; crops ;legumes; plants; trees plants; ; areas ; life life ; life life
I
I ! 1
I I
3: 1 1
I 1
Arvada ;VERY ;VERY ;POOR
POOR ; POOR '
I I �
, I
34: 1
Ildefonso ;VERY ;VERY 'FAIR
POOR ; POOR
54: ;
Potts ;POOR 'POOR ;FAIR
55:
Potts ;POOR ;POOR ;FAIR
56:
Potts ;POOR ;POOR ;FAIR
1
1
;VERY ;POOR ;VERY ;VERY ; ;VERY VERY
POOR ; ; POOR ; POOR ; ; POOR POOR
I I
I
I II 1
'FAIR 'VERY ;VERY ;POOR ;,VERY ;FAIR
POOR :POOR ' POOR
I I
I
I I t I
;FAIR ;VERY ;VERY ;POOR ;VERY ;FAIR
POOR I POOR ; POOR
1 1 1 1
I , I
1 1 11 1
I
;FAIR ;VERY ;VERY ;POOR ;VERY ;FAIR
POOR ; POOR ; ; POOR
1
I I
1
.
;FAIR ;VERY ;VERY ;POOR --- ;VERY ;FAIR
POOR ; POOR ' ; POOR
1 I 1
I I
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
WILDLIFE HABITAT
Endnote -- WILDLIFE HABITAT
PAGE 2 OF 3
04/17/95
Soils affect the kind and amount of vegetation that is available to wildlife as food and cover. They also affect
the construction of water impoundments. The kind and abundance of wildlife depend largely on the amount and
distribution of food, cover, and water. Wildlife habitat can be created or improved by planting appropriate
vegetation, by maintaining the existing plant cover. or by promoting the natural establishment of desirable plants.
In this report the soils are rated according to their potential for providing habitat for various kinds of
wildlife. This information can be used in planning parks. wildlife refuges, nature study areas, and other developments
for wildlife; in selecting soils that are suitable for establishing, improving, or maintaining specific elements of
wildlife habitat; and in determining the intensity of management needed for each element of the habitat. The
potential of the soil is rated "Good." "Fair." "Poor," or "Very poor." A rating of "Good" indicates that the element
or kind of habitat is easily established, improved, or maintained. Few or no limitations affect management, and
satisfactory results can be expected. A rating of "Fair" indicates that the element or kind of habitat can be
established, improved, or maintained in most places. Moderately intensive management is required for satisfactory
results. A rating of "Poor" indicates that limitations are severe for the designated element or kind of habitat.
Habitat can be created, improved. or maintained in most places. but management is difficult and must be intensive.
A rating of "Very poor" indicates that restrictions for the element or kind of habitat are very severe and that
unsatisfactory results can be expected. Creating. improving. or maintaining habitat is impractical or
impossible. The elements of wildlife habitat are described in the following paragraphs.
GRAIN AND SEED CROPS are domestic grains and seed -producing herbaceous plants. Soil properties and features that affect
the growth of grain and seed crops are depth of the root zone, texture of the surface layer, available water
capacity, wetness, slope, surface stoniness, and flood hazard. Soil temperature and soil moisture are also
considerations. Examples of grain and seed crops are corn, wheat, oats, and barley.
GRASSES AND LEGUMES are domestic perennial grasses and herbaceous legumes. Soil properties and features that
affect the growth of grasses and legumes are depth of the root zone, texture of the surface layer, available water
capacity, wetness, surface stoniness, flood hazard. and slope. Soil temperature and soil moisture are also
considerations. Examples of grasses and legumes are fescue, lovegrass, bromegrass, clover, and alfalfa.
WILD HERBACEOUS PLANTS are native or naturally established grasses and fortis, including weeds. Soil properties and
features that affect the growth of these plants are depth of the root zone, texture of the surface laver, available water
capacity, wetness, surface stoniness, and flood hazard. Soil temperature and soil moisture are also considerations.
Examples of wild herbaceous plants are bluestem, goldenrod, beggarweed, wheatgrass, and grama.
HARDWOOD TREES and woody understory produce nuts or other fruit. buds. catkins, twigs, bark, and foliage. Soil
properties and features that affect the growth of hardwood trees and shrubs are depth of the root zone, available water
capacity, and wetness. Examples of these plants are oak, poplar, cherry. sweetgum, apple, hawthorn, dogwood, hickory.
blackberry, and blueberry. Examples of fruit -producing shrubs that are suitable for planting on soils rated
are Russian -olive, autumn -olive, and crabapple.
CONIFEROUS PLANTS furnish browse and seeds. Soil properties and features that affect the growth of coniferous trees,
shrubs, and ground cover are depth of the root zone. available water capacity, and wetness. Examples of
coniferous plants are pine, spruce, fir, cedar, and juniper.
SHRUBS are bushy woody plants that produce fruit, buds, twigs, bark. and foliage. Soil properties and features that
affect the growth of shrubs are depth of the root zone, available water capacity, salinity, and soil moisture.
Examples of shrubs are mountainmahogany, bitterbrush, snowberry, and big sagebrush.
U.S. DEPARTMENT OF AGRICULTURE• • PAGE 3 OF 3
SOIL CONSERVATION SERVICE 04/17/95
WILDLIFE HABITAT
Endnote -- WILDLIFE HABITAT --Continued
WETLAND PLANTS are annual and perennial wild herbaceous plants that grow on moist or wet sites. Submerged or
floating aquatic plants are excluded. Soil properties and features affecting wetland plants are texture of the surface
layer, wetness, reaction, salinity, slope, and surface stoniness. Examples of wetland plants are smartweed, wild
millet. wildrice, saltgrass, cordgrass, rushes, sedges. and reeds.
SHALLOW WATER AREAS have an average depth of less than 5 feet. Some are naturally wet areas. Others are created by
dams, levees, or other water -control structures. Soil properties and features affecting shallow water areas are
depth to bedrock, wetness, surface stoniness, slope, and permeability. Examples of shallow water areas are marshes,
waterfowl feeding areas, and ponds. The habitat for various kinds of wildlife is described in the following paragraphs.
HABITAT FOR OPENLAND WILDLIFE consists of cropland, pasture, meadows, and areas that are overgrown with grasses, herbs,
shrubs, and vines. These areas produce grain and seed crops, grasses and legumes, and wild herbaceous plants.
Wildlife attracted to these areas include bobwhite quail, pheasant, meadowlark, field sparrow, cottontail, and red
fox.
HABITAT FOR WOODLAND WILDLIFE consists of areas of deciduous plants or coniferous plants or both and associated grasses,
legumes, and wild herbaceous plants. Wildlife attracted to these areas include wild turkey, ruffed grouse. woodcock,
thrushes, woodpeckers, squirrels, gray fox, raccoon, deer, and bear.
HABITAT FOR WETLAND WILDLIFE consists of open. marshy or swampy shallow water areas. Some of the wildlife attracted
to such areas are ducks, geese, herons, shore birds, muskrat, mink, and beaver.
HABITAT FOR RANGELAND WILDLIFE consists of areas of shrubs and wild herbaceous plants. Wildlife attracted to rangeland
include antelope, deer, sage grouse, meadowlark, and lark bunting.
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
RECREATIONAL DEVELOPMENT
LIST
PAGE 1 OF 2
04/17/95
(The information in this report indicates the dominant soil condition but does not eliminate the need for onsite
investigation)
Map symbol Camp areas Picnic areas Playgrounds ; Paths and trails Golf fairways
and soil name
I I
I I I 1 I
I I I I
I
1
3:
Arvada ;Severe: :Severe: ;Severe: ;Moderate: :Severe:
excess sodium ; excess sodium ; excess sodium ; dusty ; excess sodium
1 1I ,
34: '
Ildefonso ;Severe: ;Severe: ;Severe: :Severe: :Severe:
1 slope ; slope ; slope, ; slope ; slope
' small stones
1 1 I
54:' '
Potts ;Moderate: ;Moderate: :Moderate: ;Moderate: ;Slight
dusty ; dusty ; slope, ; dusty
' dusty
I 1I
55: ,
!
Potts ;Moderate: ;Moderate: ;Moderate: :Moderate: ;Slight
' dusty ; dusty ' slope, ' dusty
dusty
I I
56:
Potts ;Moderate: :Moderate: :Severe: ;Moderate: 'Moderate:
slope, ; slope, ; slope ; dusty ; slope
' dusty I dusty
U.S. DEPARTMENT OF AGRICULTURE
50IL CONSERVATION SERVICE
RECREATIONAL DEVELOPMENT
Endnote -- RECREATIONAL DEVELOPMENT
PAGE 2 OF 2
04/17/95
The soils of the survey area are rated in this report according to limitations that affect their suitability for
recreation. The ratings are based on restrictive soil features. such as wetness, slope, and texture of the surface
layer. Susceptibility to flooding is considered. Not considered in the ratings, but important in evaluating a
site, are the location and accessibility of the area, the size and shape of the area and its scenic quality,
vegetation, access to water. potential water impoundment sites, and access to public sewer lines. The capacity of
the soil to absorb septic tank effluent and the ability of the soil to support vegetation are also important. Soils
subject to flooding are limited for recreation use by the duration and intensity of flooding and the season when
flooding occurs. In planning recreation facilities, onsite assessment of the height, duration, intensity, and frequency
of flooding is essential.
In this report the degree of soil limitation is expressed as "Slight." "Moderate." or "Severe." "Slight" means that soil
properties are generally favorable and that limitations are minor and easily overcome. "Moderate" means that
limitations can be overcome or alleviated by planning, design, or special maintenance. "Severe" means that soil
properties are unfavorable and that limitations can be offset only by costly soil reclamation, special design.
intensive maintenance, limited use, or by a combination of these measures.
The information in this report can be supplemented by information available in other reports, for example.
interpretations for septic tank absorption fields in the Sanitary Facilities report and interpretations for dwellings
without basements and for local roads and streets in the Building Site Development report.
CAMP AREAS require site preparation, such as shaping and leveling the tent and parking areas, stabilizing roads and
intensively used areas, and installing sanitary facilities and utility lines. Camp areas are subject to heavy foot
traffic and some vehicular traffic. The best soils have mild slopes and are not wet or subject to flooding during
the period of use. The surface has few or no stones or boulders. absorbs rainfall readily but remains firm, and is
not dusty when dry. Strong slopes and stones or boulders can greatly increase the cost of constructing campsites.
PICNIC AREAS are subject to heavy foot traffic. Most vehicular traffic is confined to access roads and parking
areas. The best soils for picnic areas are firm when wet, are not dusty when dry, are not subject to flooding during
the period of use, and do not have slopes or stones or boulders that increase the cost of shaping sites or of
building access roads and parking areas.
PLAYGROUNDS require soils that can withstand intensive foot traffic. The best soils are almost level and are not wet or
subject to flooding during the season of use. The surface is free of stones and boulders, is firm after rains. and is
not dusty when dry. If grading is needed, the depth of the soil over bedrock or hardpan should be considered.
PATHS AND TRAILS for hiking and horseback riding should require little or no cutting and filling. The best soils
are not wet, are firm after rains, and not dusty when dry. and are not subject to flooding more than once a year during
the period of use. They have moderate slopes and few or no stones or boulders on the surface.
GOLF FAIRWAYS are subject to heavy foot traffic and some light vehicular traffic. Cutting or filling may be
required. The best soils for use as golf fairways are firm when wet, are not dusty when dry, and are not subject to
prolonged flooding during the period of use. They have moderate slopes and no stones or boulders on the surface.
The suitability of the soil for tees or greens is not considered in rating the soils.
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
•
WATER FEATURES
LIST
• PAGE I OF 3
04/17/95
Flooding High water table and ponding
Map symbol ;Hydro-;
and soil name ; logic; Frequency Duration Months
!group
3:
Arvada D 'None
34:
Ildefonso 8 'None
54:
Potts 8 ;None
55:
Potts 8 ;None
56:
Potts 8 'None
Water Maximum
table ; Kind of Months Ponding ponding
depth water table; duration depth
Ft ' Ft
>6.0
>6.0
>6.0
>6.0
>6.0
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
Endnote -- WATER FEATURES
•
WATER FEATURES
• PAGE 2 OF 3
04/17/95
This report gives estimates of various soil water features. The estimates are used in land use planning that involves
engineering considerations.
Hydrologic soil groups are used to estimate runoff from precipitation. Soils not protected by vegetation are
assigned to one of four groups. They are grouped according to the infiltration of water when the soils are thoroughly
wet and receive precipitation from long -duration storms. The four hydrologic soil groups are:
Group " A". Soils having a high infiltration rate (low
runoff potential) when thoroughly wet. These consist mainly
of deep, well drained to excessively drained sands or
gravelly sands. These soils have a high rate of water
transmission.
Group "B". Soils having a moderate infiltration rate when
thoroughly wet. These consist chiefly of moderately deep or
deep, moderately well drained or well drained soils that
have moderately fine texture to moderately coarse texture.
These soils have a moderate rate of water transmission.
Group C. Soils having a slow infiltration rate when
thoroughly wet. These consist chiefly of soils having a
layer that impedes the downward movement of water or soils
of moderately fine texture or fine texture. These soils
have a slow rate of water transmission.
Group D. Soils having a very slow infiltration rate (high
runoff potential) when thoroughly wet. These consist
chiefly of clays that have a high shrink -swell potential,
soils that have a permanent high water table, soils that
have a claypan or clay layer at or near the surface, and
soils that are shallow over nearly impervious material.
These soils have a very slow rate of water transmission.
If a soil is assigned to two hydrologic groups in this report. the first letter is for drained areas and the second
is for undrained areas. Flooding, the temporary inundation of an area, is caused by overflowing streams, by runoff from
adjacent slopes, or by tides. Water standing for short periods after rainfall or snowmelt is not considered
flooding, nor is water in swamps and marshes. This report gives the frequency and duration of flooding and
the time of year when flooding is most likely. Frequency, duration, and probable dates of occurrence are estimated.
Frequency is expressed as "None", "Rare", "Occasional", and "Frequent". "None" means that flooding is not probable;
"Rare" that it is unlikely but possible under unusual weather conditions: "Occasional" that it occurs, on the
average, once or less in 2 years; and "Frequent" that it occurs, on the average, more than once in 2 years.
Duration is expressed as "Very brief" if less than 2 days, "Brief" if 2 to 7 days, "Long" if 7 to 30 days, and "Very
long" if more than 30 days. The information is based on evidence in the soil profile, namely thin strata of gravel,
sand, silt, or clay deposited by floodwater; irregular decrease in organic matter content with increasing depth;
and absence of distinctive horizons that form in soils that are not subject to flooding. Also considered are local
information about the extent and levels of flooding and the relation of each soil on the landscape to historic floods.
Nigh water table (seasonal) is the highest level of a saturated zone in the soil in n ears. The depth to a
seasonal high water table applies to un ed soils. The estimates are based mainly '+T the evidence of a saturated
zone, namely grayish colors or mottles ilrthe soil. Indicated in this report are the depth to the seasonal high
water table; the kind of water table, that is, "Apparent". "Artesian". or "Perched"; and the months of the year that
the water table commonly is high. A water table that is seasonally high for less than 1 month is not indicated in
this report.
An "Apparent" water table is a thick zone of free water in the soil. It is indicated by the level at which water
stands in an uncased borehole after adequate time is allowed for adjustment in the. surrounding soil.
An "Artesian" water table exists under a hydrostatic beneath an impermeable layer. When the impermeable layer has been
penetrated by a cased borehole. the water rises. The final level of the water in the cased borehole is characterized as
an artesian water table.
A "Perched" water table is water standing above an unsaturated zone. In places an upper. or "Perched", water
table is separated from a lower one by a dry zone. Only saturated zones within a depth of about 6 feet are
indicated.
Ponding is standing water in a closed depression. The water is removed only by deep percolation, transpiration.
evaporation, or a combination of these processes.
This report gives the depth and duration of ponding and the time of year when ponding is most likely. Depth, duration,
and probable dates of occurrence are estimated.
Depth is expressed as the depth of ponded water in feet above the soil surface. Duration is expressed as "Very
brief" if less than 2 days, "Brief" if 2 to 7 days, "Long" if 7 to 30 days, and "Very lona" if mote than 30 days. the
information is based on the relation of each soil on the landscape to historic ponding and on local information about
the extent and levels of ponding.
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
Endnote -- WATER FEATURES --Continued
•
WATER FEATURES
• PAGE 3 OF 3
04/17/95
Information on the extent of flooding based on soil data is less specific than that provided by detailed engineering
surveys that delineate flood -prone areas at specific flood frequency levels.
High water table (seasonal) is the highest level of a saturated zone in the soil in most years. The depth to a
seasonal high water table applies to undrained soils. The estimates are based mainly on the evidence of a saturated
zone, namely grayish colors or mottles in the soil. Indicated in this report are the depth to the seasonal high
water table; the kind of water table, that is, "Apparent", "Artesian", or "Perched"; and the months of the year that
the water table commonly is high. A water table that is seasonally high for less than 1 month is not indicated in
this report.
An "Apparent" water table is a thick zone of free water in the soil. It is indicated by the level at which water
stands in an uncased borehole after adequate time is allowed for adjustment in the surrounding soil.
An "Artesian" water table exists under a hydrostatic beneath an impermeable layer. When the impermeable layer has been
penetrated by a cased borehole, the water rises. The final level of the water in the cased borehole is characterized as
an artesian water table.
A "Perched" water table is water standing above an unsaturated zone. In places an upper, or "Perched", water
table is separated from a lower one by a dry zone. Only saturated zones within a depth of about 6 feet are
indicated.
Ponding is standing water in a closed depression. The water is removed only by deep percolation, transpiration,
evaporation, or a combination of these processes.
This report gives the depth and duration of ponding and the time of year when ponding is most likely. Depth, duration,
and probable dates of occurrence are estimated.
Depth is expressed as the depth of ponded water in feet above the soil surface. Duration is expressed as "Very
brief" if less than 2 days, "Brief" if 2 to 7 days, "Long" if 7 to 30 days, and "Very long" if more than 30 days. The
information is based on the relation of each soil on the landscape to historic ponding and on local information about
the extent and levels of ponding.
U.S. DEPARTMENT OF AGRICULTURE • PT�GE 1 OF 2
SOIL CONSERVATION SERVICE 04/17/95
SOIL FEATURES
LIST
Bedrock Cemented pan , Subsidence ' Risk of corrosion
Potential
Map symbol ;frost action; Uncoated
and soil name Depth ;Hardness; Depth ; Kind ;Initial; Total ; steel ; Concrete
1 1 I1
I In I In I ' In In
3:
Arvada
34:
Ildefonso
54:
Potts
55:
Potts
56:
Potts
>60 --- ;Low 'High ;Low
I I I I I I 1 I
! 1
I I I I I I I
I I !
>60 --- 'Low Moderate ;Low
I I I I
>60 --- ;Low 'High ;High
I I I I
I I I I 1
! I I
>60 ;Low ;High ;High
I I I 1
� I
>60 ; ;Low ;High ;High
I 1
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
Endnote -- SOIL FEATURES
•
SOIL FEATURES
IE 2 OF 2
04/17/95
This report gives estimates of various soil features. The estimates are used in land use planning that involves
engineering considerations.
Depth to bedrock is given if bedrock is within a depth of 5 feet. The depth is based on many soil borings and on
observations during soil mapping. The rock is either "Soft" or "Hard". If the rock is "Soft" or fractured, excavations
can be made with trenching machines, backhoes, or small rippers. If the rock is "Hard" or massive. blasting or
special equipment generally is needed for excavation.
Cemented pans are cemented or indurated subsurface layers within a depth of 5 feet. Such pans cause difficulty in
excavation. Pans are classified as "Thin" or "Thick". A "Thin" pan is less than 3 inches thick if continuously
indurated or less than 18 inches thick if discontinuous or fractured. Excavations can be made by trenching machines.
backhoes, or small rippers. A "Thick" pan is more than 3 inches thick if continuously indurated or more than 18
inches thick if discontinuous or fractured. Such a pan is so thick or massive that blasting or special equipment is
needed in excavation.
Subsidence is the settlement of organic soils or of saturated mineral soils of very low density. Subsidence
results from either desiccation and shrinkage or oxidation of organic material, or both. following drainage.
Subsidence takes place gradually, usually over a period of several years. This report shows the expected initial
subsidence, which usually is a result of drainage. and total subsidence. which usually is a result of oxidation. Not
shown in the report is subsidence caused by an imposed surface load or by the withdrawal of ground water throughout
an extensive area as a result of lowering the water table.
Potential frost action is the likelihood of upward or lateral expansion of the soil caused by the formation of
segregated ice lenses (frost heave) and the subsequent collapse of the soil and loss of strength on thawing. Frost
action occurs when moisture moves into the freezing zone of the soil. Temperature, texture, density, permeability,
content of organic matter, and depth to the water table are the most important factors considered in evaluating the
potential for frost action. It is assumed that the soil is not insulated by vegetation or snow and is not artificially
drained. Silty and highly structured clayey soils that have a high water table in winter are the most susceptible to
frost action. Well drained, very gravelly, or very sandy soils are the least susceptible. Frost heave and low soil
strength during thawing cause damage mainly to pavements and other rigid structures.
Risk of corrosion pertains to potential soil -induced electrochemical or chemical action that dissolves or weakens
uncoated steel or concrete. The rate of corrosion of uncoated steel is related to such factors as soil moisture.
particle -size distribution. acidity, and electrical conductivity of the soil. The rate of corrosion of concrete
is based mainly on the sulfate and sodium content, texture, moisture content, and acidity of the soil. Special
site examination and design may be needed if the combination of factors creates a severe corrosion environment. The steel
installations that intersect soil boundaries or soil layers is more susceptible to corrosion than steel in
installations that are entirely within one kind of soil or within one soil layer. For uncoated steel. the risk of
corrosion, expressed as "Low", "Moderate", or "High", is based on soil drainage class, total acidity, electrical
resistivity near field capacity, and electrical conductivity of the saturation extract.
For concrete, the risk of corrosion is also expressed as "Low", "Moderate", or "High". It is based on soil texture,
acidity, and amount of sulfates in the saturation extract.
NONTECHNICAL SOILS DESCRI• REPORT
LIST
Map
Symbol
Soil name and description
3 Arvada loam, 1 to 6 percent slopes
This deep, well -drained soil is on fans and high
terraces. This soil formed in highly saline alluvium
derived from sandstone and shale. The surface layer is
strongly alkaline or very strongly alkaline loam about
3 inches thick. The subsoil is silty clay loam about
14 inches thick. The substratum is silty clay loam to
a depth of 60 inches. Permeability is very slow, and
available water capacity is moderate. Effective
rooting depth is 60 inches or more. Runoff is medium,
and the erosion hazard is moderate.
34 Ildefonso stony loam, 25 to 45 percent slopes
This deep, well -drained soil is on mesas. benches. and
sides of valleys. This soil formed in mixed alluvium
derived primarily from basalt. The surface layer is
stony loam about 8 inches thick. The underlying
material is very strongly calcareous very stony loam to
a depth of 60 inches. Permeability is moderately
rapid, and available water capacity is low. Effective
rooting depth is more than 60 inches. Runoff is rapid.
and the erosion hazard is high.
Potts loam, 1 to 3 percent slopes
This deep, well -drained soil is on mesas, benches. and
sides of valleys. This soil formed in alluvium derived
from sandstone, shale, or basalt. The surface layer is
loam about 4 inches thick. The subsoil is clay loam
about 24 inches thick. The substratum is loam to a
depth of 60 inches. Permeability is moderate, and
available water capacity is high. Effective rooting
depth is 60 inches or more. Runoff is slow. and the
erosion hazard is slight.
55 ' Potts loam, 3 to 6 percent slopes
NONTECHNICAL SOILS DESCR•N REPORT
LIST
Map
Symbol
Soil name and description
This deep, well -drained soil is on mesas, benches. and
sides of valleys. This soil formed in alluvium derived
from sandstone, shale, or basalt. The surface layer is
loam about 4 inches thick. The subsoil is clay loam
about 24 inches thick. The substratum is loam to a
depth of 60 inches. Permeability is moderate, and
available water capacity is high. Effective rooting
depth is 60 inches or more. Runoff is slow. and the
erosion hazard is moderate.
56 Potts loam, 6 to 12 percent slopes
This deep, well -drained soil is on mesas. benches. and
sides of valleys. This soil formed in alluvium derived
from sandstone, shale, or basalt. The surface layer is
loam about 4 inches thick. The subsoil is clay loam
about 24 inches thick. The substratum is loam to a
depth of 60 inches. Permeability is moderate, and
available water capacity is high. Effective rooting
depth is 60 inches or more. Runoff is medium. and the
erosion hazard is high.
•
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
BUILDING SITE DEVELOPMENT
LIST
PAGE 1 OF 2
04/17/95
(The information in this report indicates the dominant soil condition but does not eliminate the need for onsite
investigation)
Man symbol Shallow Dwellings Dwellings Small Local roads Lawns and
and soil name excavations without with commercial ; and streets ; landscaping
basements basements buildings
I
I
i I
f 3:
Arvada ;Slight Severe: ;Severe: ;Severe: ;Severe: ;Severe:
shrink -swell ; shrink -swell ; shrink -swell ; shrink -swell. ; excess sodium
' low strength
I 1 I I I I
I I
34: 1
1
Ildefonso ;Severe: ;Severe: ;Severe: ;Severe: ;Severe: ;Severe:
slope ; slope ; slope ; slope ; slope ; slope
I I 1
1 1
54: 1
Potts ;Slight ;Moderate: ;Slight ;Moderate: ;Severe: ;Slight
shrink -swell ; ; shrink -swell ; low strength
I 1 1 1
55:
Potts ;Slight ;Moderate: ;Slight ;Moderate: ;Severe: ;Slight
shrink -swell ; ; shrink -swell, ; low strength
' slope
,
Sb: ;
1
Potts ;Moderate: ;Moderate: ;Moderate: ;Severe: ;Severe: ;Moderate:
; slope ; shrink -swell. ; slope ; slope ; low strength ; slope
' slope;
. I 1 I
I
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
BUILDING SITE DEVELOPMENT
Endnote -- BUILDING SITE DEVELOPMENT
PAGE 2 OF 2
04/17/95
This report shows the degree and kind of soil limitations that affect shallow excavations, dwellings with and without
basements, small commercial buildings, local roads and streets, and lawns and landscaping. The limitations are
"Slight", "Moderate", or "Severe". The limitations are considered "Slight" if soil properties and site features are
generally favorable for the indicated use and limitaions are minor and easily overcome; "Moderate" if soil properties
or site features are not favorable for the indicated use and special planning, design, or maintenance is needed to
overcome or minimize the limitations; and "Severe" if soil properties or site features are so unfavorable or so
difficult to overcome that special design, significant increases in construction costs, and possibly increased
maintenance are required. Special feasibility studies may be required where the soil limitations are severe.
SHALLOW EXCAVATIONS are trenches or holes dug to a maximum depth of 5 or 6 feet for basements, graves, utility lines,
open ditches, and other purposes. The ratings are based on soil properties, site features, and observed performance of
the soils. The ease of digging, filling, and compacting is affected by the depth to bedrock, a cemented pan, or a very
firm dense layer; stone content; soil texture; and slope. The time of the year that excavations can be made is
affected by the depth to a seasonal high water table and the susceptibility of the soil to flooding. The resistance of
the excavation walls or bands to sloughing or caving is affected by soil texture and the depth to the water table.
DWELLINGS AND SMALL COMMERCIAL BUILDINGS are structures built on shallow foundations on undisturbed soil. The load
limit is the same as that for single-family dwellings no higher than three stories. Ratings are made for small
commercial buildings without basements, for dwellings with basements, and for dwellings without basements. The ratings
are based on soil properties, site features. and observed performance of the soils. A high water table. depth to bedrock
or to a cemented pan, large stones, slope, and flooding affect the ease of excavation and construction. Landscaping
and grading that require cuts and fills of more than 5 or 6 feet are not considered.
LOCAL ROADS AND STREETS have an all-weather surface and carry automobile and light truck traffic all year. They
have a subgrade of cut or fill soil material. a base of gravel, crushed rock, or stabilized soil material, and a
flexible or rigid surface. Cuts and fills are generally properties, site features, and observed performance of the
soils. Depth to bedrock or to a cemented pan. a high water table, flooding, large stones, and slope affect the ease of
excavating and grading. Soil strength (as inferred from the engineering classification of the soil), shrink -swell
potential, frost action potential, and depth to a high water table affect the traffic -supporting capacity.
LAWNS AND LANDSCAPING require soils on which turf and ornamental trees and shrubs can be established and
maintained. The ratings are based on soil properties, site features, and observed performance of the soils. Soil
reaction, a high water table, depth to bedrock or to a cemented pan, the available water capacity in the upper 40
inches, and the content of salts, sodium, and sulfidic materials affect plant growth. Flooding, wetness, slope,
stoniness, and the amount of sand, clay, or organic matter in the surface layer affect trafficability after vegetation
is established.
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
SANITARY FACILITIES
LIST
PAGE 1 OF 3
04/17/95
(The information in this report indicates the dominant soil condition but does not eliminate the need for onsite
investigation)
Map symbol Septic tank Sewage lagoon ; Trench ; Area Daily cover
and soil name ; absorption areas ; sanitary 1
1 sanitary for landfill
fields ; landfill ; landfill
3: ,
,
Arvada ;Severe: ;Moderate: ;Slight ;Slight ;Good
percs slowly ; slope ;
34: ' ' '
,
Ildefonso ;Severe: ;Severe: :Severe: Severe: ;Poor:
; slope ; seepage. ; slope. ; slope ; small stones.
slope, ; large stones ; ; slope
large stones
54:
Potts ;Severe: ;Severe: ;Slight ;Slight ;Good
percs slowly ; seepage ;
,
55:
Potts ;Severe: ;Severe: ;Slight ;Slight ;Good
percs slowly ; seepage
56: 1
Potts ;Severe: ;Severe: ;Moderate: ;Moderate: ;Fair:
percs slowly ; seepage. ; slope ; slope ; slope
' slope ;
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
Endnote -- SANITARY FACILITIES
•
SANITARY FACILITIES
PAGE 2 OF 3
04/17/95
This report shows the degree and kind of soil limitations that affect septic tank absorption fields, sewage lagoons,
and sanitary landfills. The limitations are considered "Slight" if soil properties and site features generally are
favorable for the indicated use and limitations are minor and easily overcome; "Moderate" if soil properties or site
features are not favorable for the indicated use and special planning, design, or maintenance is needed to overcome or
minimize the limitations; and "Severe" if soil properties or site features are so unfavorable or so difficult to overcome
that special design, significant increases in construction costs, and possibly increased maintenance are required.
This report also shows the suitability of the soils for use as daily cover for landfills. A rating of "Good" indicates
that soil properties and site features are favorable for the use and good performance and low maintenance can be
expected; "Fair" indicates that soil properties and site features are moderately favorable for the use and one or
more soil properties or site features make the soil less desirable than the sails rated "Good"; and "Poor" indicates
that one or more soil properties or site features are unfavorable for the use and overcoming the unfavorable
properties requires special design, extra maintenance, or costly alteration.
SEPTIC TANK ABSORPTION FIELDS are areas in which effluent from a septic tank is distributed into the soil through
subsurface tiles or perforated pipe. Only that part of the soil between depths of 24 to 72 inches is evaluated. The
ratings are base on soil properties, site features, and observed performance of the soils. Permeability, a high
water table, depth to bedrock or to a cemented pan, and flooding affect absorption of the effluent. Large stones
and bedrock or a cemented pan interfere with installation. Unsatisfactory performance of septic tank absorption fields,
including excessively slow absorption of effluent. surfacing of effluent, and hillside seepage, can affect public health.
Groundwater can be polluted if highly permeable sand and gravel or fractured bedrock is less than 4 feet below the
base of the absorption field. if slope is excessive, or if the water table is near the surface. There must be
unsaturated soil material beneath the absorption field to filter the effluent effectively. Many local ordinances
require that this material be of a certain thickness.
SEWAGE LAGOONS are shallow ponds constructed to hold sewage while aerobic bacteria decompose the solid and liquid
wastes. Lagoons should have a nearly level floor surrounded by cut slopes or embankments of compacted soil. Lagoons
generally are designed to hold the sewage within a depth of 2 to 5 feet. Nearly impervious soil material for the lagoon
floor and sides is required to minimize seepage and contamination of ground water. This report gives ratings for
the natural soil that makes up the lagoon floor. The surface layer and, generally, 1 or 2 feet of soil material
below the surface layer are excavated to provide material for the embankments. The ratings are based on soil
properties, site features, and observed performance of the soils. Considered in the ratings are slope, permeability, a
high water table, depth to bedrock or to a cemented pan, flooding, large stones, and content of organic matter.
Excessive seepage due to rapid permeability of the soil or a water table that is high enough to raise the level of sewage
in the lagoon causes a lagoon to function unsatisfactorily. Pollution results if seepage is excessive or if floodwater
overtops the lagoon. A high content of organic matter is detrimental to proper functioning of the lagoon because it
inhibits aerobic activity. Slope, bedrock, and cemented pans can cause construction problems, and large stones can
hinder compaction of the lagoon floor.
SANITARY LANDFILLS are areas where solid waste is disposed of by burying it in soil. There are two types of landfill,
trench and area. In a trench landfill, the waste is placed in a trench. It is spread, compacted. and covered daily
with a thin layer of soil excavated at the site. In an area landfill, the waste is placed in successive lavers on the
surface of the soil. The waste is spread, compacted, and covered daily with a thin laver of soil form a source away
from the site. Both types of landfill must be able to bear heavy vehicular traffic. Both types involve a risk of
groundwater pollution. Ease of excavation and revegetation need to be considered. The ratings in this report are based
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
SANITARY FACILITIES
Endnote -- SANITARY FACILITIES --Continued
PAGE 3 OF 3
04/17/95
on soil properties. site features, and observed performance of the soils. Permeability, depth to bedrock or to a
cemented pan, a high water table, slope. and flooding affect both types of landfill. Texture, stones and boulders,
highly organic layers, soil reaction, and content of salts and sodium affect trench type landfills. Unless otherwise
stated, the ratings apply only to that part of the soil within a depth of about 6 feet. For deeper trenches, a
limitation rate "Slight" or "Moderate" may not be valid. Onsite investigation is needed.
DAILY COVER FOR LANDFILL is the soil material that is used to cover compacted solid waste in an area type sanitary
landfill. The soil material is obtained offsite, transported to the landfill, and spread over the waste.
Soil texture, wetness, coarse fragments, and slope affect the ease of removing and spreading the material during wet
and dry periods. Loamy or silty soils that are free of large stones or excess gravel are the best cover for a
landfill. Clayey soils may be sticky or cloddy and are difficult to spread; sandy soils are subject to soil
blowing. After soil material has been removed, the soil material remaining in the borrow area must be thick enough
over bedrock, a cemented pan, or the water table to permit revegetation. The soil material used as final cover for a
landfill should be suitable for plants. The surface layer generally has the best workability, more organic matter than
the rest of the profile, and the best potential for plants. Material from the surface layer should be stockpiled for use
as the final cover.
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
CONSTRUCTION MATERIALS
LIST
PAGE 1 OF 3
04/17/95
(The information in this report indicates the dominant soil condition but does not eliminate the need for onsite
investigation)
Map symbol
and soil name
Roadfill Sand Gravel Topsoil
3: '
Arvada ;Poor: :Improbable: ;Improbable: :Poor:
shrink -swell, ; excess fines ; excess fines ; excess salt.
low strength ; excess sodium
II I I
34: I
I
Ildefonso ;Poor: :Improbable: ;Improbable: ;Poor:
slope ; excess fines ! excess fines ; small stones,
area reclaim,
I slope
, , '
54: I '
I
Potts ;Good ;Improbable: :Improbable: ;Fair:
excess fines ; excess fines ; too clayey
II
55: '
,
Potts ;Good ;Improbable: ;Improbable: :Fair:
excess fines ; excess fines : too clayey
I, I
I
56: '
,
Potts ;Good ;Improbable: :Improbable: ;Fair:
excess fines ; excess fines ; too clayey,
; slope
I
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
CONSTRUCTION MATERIALS
Endnote -- CONSTRUCTION MATERIALS
PAGE 2 OF 3
04/17/95
This report gives information about the soils as a source of roadfill, sand, gravel, and topsoil. The soils are rated
"Good". "Fair". or "Poor" as a source of roadfill and topsoil. They are rated as a "Probable" or 'Improbable"
source of sand and gravel. The ratings are based on soil properties and site features that affect the removal of the
soil and its use as construction material. Normal compaction. minor processing. and other standard construction
practices are assumed. Each soil is evaluated to a depth of 5 or 6 feet.
Roadfill is soil material that is excavated in one place and used in road embankments in another place. In this report,
the soils are rated as a source of roadfill for low embankments, generally less than 6 feet high and less
exacting in design than higher embankments. The ratings are for the soil material below the surface layer to a
depth of 5 or 6 feet. It is assumed that soil layers will be mixed during excavating and spreading. Many soils have
layers of contrasting suitability within their profile. The report entitled Engineering Index Properties is also available
and it provides detailed information about each soil layer. This information can help determine the suitability of each
layer for use as roadfill. The performance of soil after it is stabilized with lime or cement is not considered in
the ratings.
The ratings are based on soil properties, site features, and observed performance of the soils. The thickness of
suitable material is a major consideration. The ease of excavation is affected by large stones, a high water table,
and slope. How well the soil performs in place after it has been compacted and drained is determined by its strength (as
inferred from the engineering classification of the soil) and shrink -swell potential.
Soils rated "Good" contain significant amounts of sand or gravel or both. They have at least 5 feet of suitable
material, a low shrink -swell potential. few cobbles and stones. and slopes of 15 percent or less. Depth to the
water table is more than 3 feet
Soils rated "Fair" are more than 35 percent silt- and clay -sized particles and have a plasticity of less than 10.
They have a moderate shrink -swell potential, slopes of 15 to 25 percent. or many stones. Depth to the water table is 1
to 3 feet.
Soils rated "Poor" have a plasticity index of more than 10, a high shrink -swell potential, many stones, or slopes of
more than 25 percent. They are wet, and the depth to the water table is less than 1 foot. These soils may have
layers of suitable material, but the material is less than 3 feet thick.
Sand and gravel are natural aggregates suitable for commercial use with a minimum of processing. Sand and
gravel are used in many kinds of construction. Specifications for each use vary widely. In this report only
the probability of finding material in suitable quantity is evaluated. The suitability of the material for specific
purposes is not evaluated, nor are factors that affect excavation of the material. The properties used to evaluate
the soil as a source of sand or gravel are gradation of grain sizes (as indicated by the engineering classification
of the soil), the thickness of suitable material, and the content of rock fragments. Kinds of rock, acidity, and
stratification are given in the soil series descriptions. Gradation of grain sizes is given in the Engineering Index
Properties report.
A soil rated as a "Probable" source has a layer of clean sand and gravel or a layer of sand or gravel that contains
up to 12 percent silty fines. This material must be at least 3 feet thick and less than 50 percent, by weight, large
stones. All other soils are rated as an "Improbable" source. Coarse fragments of soft bedrock, such as shale and
siitstone, are not considered to be sand and gravel.
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
CONSTRUCTION MATERIALS
Endnote -- CONSTRUCTION MATERIALS --Continued
PAGE 3 OF 3
04/17/95
Topsoil is used to cover an area so that vegetation can be established and maintained. The upper 40 inches of a soil
is evaluated for use as topsoil. Also evaluated is the reclamation potential of the borrow area. Plant growth is
affected by toxic material and by such properties as soil reaction, available water capacity, and fertility. The ease
of excavating, loading, and spreading is affected by rock fragments. slope. a water table, soil texture. and thickness
of suitable material. Reclamation of the borrow area is affected by slope, a water table, rock fragments, bedrock,
and toxic material.
Soils rate "Good" have friable loamy material to a depth of at least 40 inches. They are free of stones and cobbles.
have little or no gravel. and have slopes of less than 8 percent. They are low in content of soluble salts. are
naturally fertile or respond well to fertilizer, and are not so wet that excavation is difficult.
Soils rated "Fair" are sandy soils, loamy soils that have a relatively high content of clay, soils that have only 20
to 40 inches of suitable material, soils that have an appreciable amount of gravel, stones. or soluble salts, or
soils that have slopes of 8 to 15 percent. The soils are not so wet that excavation is difficult.
Soils rate "Poor" are very sandy or clayey, have less than 20 inches of suitable material, have a large amount of
gravel, stones, or soluble salts, have slopes of more than 15 percent. or have a seasonal water table at or near the
surface. The surface layer of most soils is generally preferred for topsoil because of it organic matter content.
Organic matter greatly increases the absorption and retention of moisture and nutrients for plant growth.
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
WATER MANAGEMENT
LIST
PAGE 1 OF 3
04/17/95
(The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation)
Limitations for-- Features affecting--
Map symbol Pond ; Embankments. Aquifer -fed Terraces
and soil name reservoir ; dikes, and excavated Drainage Irrigation and Grassed
areas ; levees ponds ; diversions waterways
1 I 1
!
3: 1 1
1
Arvada ;Moderate: ;Severe: ;Severe: ;Deep to water ;Slope, ;Erodes easily, ;Too arid,
slope ; excess sodium ; no water ; ; Percs slowly, ; Percs slowly ; Excess sodium,
; ; ; ; ; Erodes easily ; ; Erodes easily
I 1 1 1 1 I I
1 I
34: 1
Ildefonso ;Severe: ;Severe: ;Severe: ;Deep to water ;Slope, ;Slope, ;Too arid,
seepage, ; piping, ; no water Large stones, ; Large stones ; Large stones,
slope ; large stones ; ; ; Droughty ; Slope
1 1 1I
I ! !
54: 1 I
.
Potts ;Severe: ;Severe: ;Severe: ;Deep to water ;Favorable ;Erodes easily ;Too arid,
seepage ; piping ; no water ; ; Erodes easily
1 1
!
55:1 1 I
!
Potts ;Severe: ;Severe: :Severe: ;Deep to water ;Slope ;Erodes easily ;Too arid,
seepage ; piping no water ; ; Erodes easily
1 I I I
56: 1 I
I
Potts Severe: ;Severe: ;Severe: ;Deep to water ;Slope ;Slope, ;Too arid,
seepage, piping no water ; Erodes easily ; Slope.
slope ; ; Erodes easily
11 1 I I
1 , I
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
WATER MANAGEMENT
Endnote -- WATER MANAGEMENT
PAGE 2 OF 3
04/17/95
This report gives information on the soil properties and site features that affect water management. The degree and kind
of soil limitations are given for pond reservoir areas; embankments. dikes and levees; and aquifer -fed excavated
ponds. The limitations are considered "Slight" if soil properties and site features are generally favorable for the
indicated use and limitations are minor and are easily overcome; "Moderate" if soil properties or site features are
not favorable for the indicated use and special planning, design, or maintenance is needed to overcome or minimize the
limitations; and "Severe" of soil properties or site features are so unfavorable or so difficult to overcome that
special design, significant increases in construction costs, and possibly increased maintenance are required.
This report also gives for each soil the restrictive features that affect drainage. irrigation. terraces and diversions.
and grassed waterways
POND RESERVOIR AREAS hold water behind a dam or embankment. Soils best suited to this use have low seepage potential in
the upper 60 inches. The seepage potential is determined by the permeability of the soil and the depth to fractured
bedrock or other permeable material. Excessive slope can affect the storage capacity of the reservoir area.
EMBANKMENTS, DIKES, AND LEVEES are raised structures of soil material, generally less than 20 feet high. constructed to
impound water or to protect land against overflow. In this report, the soils are rated as a source of material for
embankment fill. The ratings apply to the soil material below the surface layer to a depth of about 5 feet. It is
assumed that soil layers will be uniformly mixed and compacted during construction. The ratings do not indicate the
ability of the natural soil to support an embankment. Soil properties to a depth even greater than the height of the
embankment can affect performance and safety of the embankment. Generally, deeper onsite investigation is needed to
determine these properties. Soil material in embankments must be resistant to seepage. piping. and erosion and have
favorable compaction characteristics. Unfavorable features include less than 5 feet of suitable material and a high
content of stones or boulders, organic matter. or salts or sodium. A high water table affects the amount of usable
material. It also affects trafficability.
AQUIFER -FED excavated ponds are pits or dugouts that extend to a ground -water aquifer or to a depth below a permanent
water table. Excluded are ponds that are fed only by surface runoff and embankment ponds that impound water 3 feet
or more above the original surface. Excavated ponds are affected by depth to a permanent water table,
permeability of the aquifer. and quality of the water as inferred from the salinity of the soil. Depth to bedrock
and the content of large stones affect the ease of excavation.
DRAINAGE is the removal of excess surface and subsurface water from the soil. How easily and effectively the soil is
drained depends on the depth to bedrock, to a cemented pan, or to other layers that affect the rate of water movement;
permeability; depth to a high water table or depth of standing water if the soil is subject to ponding: slope;
susceptibility to flooding; subsidence of organic layers; and potential frost action. Excavating and grading and the
stability of ditchbanks are affected by depth to bedrock or to a cemented pan, large stones, slope. and the hazard of
cutbanks caving. The productivity of the soil after drainage is adversely affected by extreme acidity or by
toxic substances in the root zone. such as salts, sodium , or sulfur. Availability of drainage outlets is not considered
in the ratings.
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
WATER MANAGEMENT
Endnote -- WATER MANAGEMENT --Continued
PAGE 3 OF 3
04/17/95
IRRIGATION is the controlled application of water to supplement rainfall and support plant growth. The design
and management of an irrigation system are affected by depth to the water table, the need for drainage, flooding.
available water capacity, intake rate, permeability, erosion hazard, and slope. The construction of a system is affected
by large stones and depth to bedrock or to a cemented pan. The performance of a system is affected by the depth of the
root zone, the amount of salts or sodium, and soil reaction.
TERRACES AND DIVERSIONS are embankments or a combination of channels and ridges constructed across a slope to control
erosion and conserve moisture by intercepting runoff. Slope, wetness, large stones, and depth to bedrock or to a
cemented pan affect the construction of terraces and diversions. A restricted rooting depth, a severe hazard of
wind or water erosion, an excessively coarse texture, and restricted permeability adversely affect maintenance.
GRASSED WATERWAYS are natural or constructed channels, generally broad and shallow, that conduct surface water to
outlets at a nonerosive velocity. Large stones, wetness, slope, and depth to bedrock or to a cemented pan affect the
construction of grassed waterways. A hazard of wind erosion, low available water capacity, restricted rooting
depth, toxic substances such as salts or sodium, and restricted permeability adversely affect the growth and
maintenance of the grass after construction,
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
•
PRIME FARMLAND
LIST
Map ; Soil name
symbol;
•
PAGE 1 OF 1
04/17/95
-
484
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the wooed „...e..4.....beire and assasna' , all the following described lot .....or parcel ...... of lkadr ilitlater 07. and teekur:Vhel___
hit..41.1_4riated, sold IIIId conveyed, and by these pres;oUt do -44/grant, bargain, len, onovnY and mann unto the odd put
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said part....4, of the find part, either in hew or equity, of, in and to the above bergeined premises with the hereditaments and appartenanece.
To and to Hold the said premiere above bargained and described, with the appurtenanOes, unto the mid part....eff...-....of the snood
... _heirs and amigos forever. And the sarA
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that at the tiros of the ensealing and delivery of theme presents .. ..t.(./ w seised of the premises above conveyed as of good, sore,
=absolute and indefeasible estate of inheritance, in Ian., in fee Ample, end ha . good right, full power and lawful antherity to grant,
sell and convey the same, in manner and form aforeasid, and that the name are free and clear from all former and other grimes, bargains, Wee,
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whole or an thereof, the said part .. -9". of the first pert shall and will Warrant Defend.
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6U�';468 FACE 3.73
Recorder.
MARK E. UKELE, a married man, whose spous
ESTHER R. UKELE and
whose address is Silt,
County of Garfield
Colorado , for the consideration of
love and affection
-doHars, in hand paid, hereby sells) and convey(s) to
, State of
e is
TIATt CCT f11
S -x
MARK E. UKELE, and ESTHER R. UKELE, husband and wife, r.ot
in tenancy in common but in joint tenancy,
whose address is Silt County of
Garfield , and State of Colorado the following real property in the
County of Garfield , and State of Colorado, to wit:
The Southwest Quarter of the Southwest Quarter (SWz$WI,) of
Section Four (4), and that part of Lot two(2) in the North-
west Quarter of the Northwest Quarter (t;W' `;:C':j of Section
Nine (9), lying north of the right of way of the railroad of
The Denver and Rio Grande Railroad Company, all in township
six (6) south, Range 92, west of the 6th P.M., (except rights
of way for highways as now constructed) together with water
and water rights used in connection therewith, represented by
two (2) shares of the capital stock of the Cactus Valley Ditch
Company.
A tract of land in the NE%VEIL of Section 8, Tp. 6 S., R. 92 W. of the
6th P.M., described as follows: Beginning at the Southeast corner of
said tract which is located at the point of intersection of the North
right of way line of the State Highway with the East line of said NE'-cNE!.
of said Section 8, said point being Corner No. 1; thence Northerly 370
feet along the East line of said NEl-;.NEIL to Corner No. 2; thence Southwest
in a straight line to Corner No. 3, a point on the North line of the
Colorado State Highway right of way and being 346 feet Westerly from
Corner No. 1; thence Easterly along said North right of way line a
distance of 346 feet to Corner No. 1, the place of beginning, containing
1.48 acres, more or less, and being the same land as that described in
a warranty deed recorded in Book 192 at Page 208 in the records of the
Garfield County Clerk and Recorder's Office,
with all its appurtenances, and warrant(s) the title to the same, subject to easements of a
public nature and the 1975 general taxes, payable in 1976.
Signed this day of
_ STATE OF COLORADO,
1County of Q a R i `a ss.
The force ofng instrument was acknowledged before me this o -
day'of ..`y-.rt::,,;9 + 2r , 19 7 --,—,-by Mark E. Ukelc, a married man, whose spouse is
Esther; R.•;Ukele Z
.: /
My comrrusslol>;expires C. -
7-76
Witness'my)i;tnd and official seal.
MARK E. UKELE, a married man, whose
spouse is ESTHER R. UKELE
Notary rubltc
Statutory Aoknowledpment.-1( by natural person or persona bore Insert name or names; If by person acting In repreaentatIee or
official capacity or an attorney -In -(act then Insert name of person e. executor attorney•In-fact or otbrr capacity or descrip-
tion; U by officer of corporation then Inert puma of such officer or officers ea the president or other officers of such orr-
poratlon naming It•
No. 897. Warranty Dead—Short Fern—See. IIS -I-11. C.R.S. 1111—Siadford Publl.hina Co.. 1e24-16 St. et Street Denver, Colorado —1.7
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•
THOMAS W. STUVER
RUSSELL GEORGE
STUVER & GEORGE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. 0. BOX 907
RIFLE, COLORADO 81650
April. 20, 1995
BURNING MOUNTAINS FIRE PROTECTION DISTRICT
P.O. Box 236
Silt, CO 81652
RE: SCHOPP SUBDIVISION EXEMPTION REQUEST
TELEPHONE 303 - 625-1887
FAX 303 - 625-4448
Enclosed is a copy of a proposed Petition for Exemption, with
accompanying Sketch Map and Vicinity Map. Would you please provide
your written statement concerning availability of fire protection
services and any safety concerns to the undersigned and to the
Garfield County Planning Department at your earliest convenience?
Thank you for your anticipated cooperation. Should you require any
additional information, please do not hesitate to contact my
office.
Very truly yours,
STUVER & GEOR E, P.C.
Th
. Stuver
TWS/cpm
Enclosures
Rpcor� o'c�, ck FA. NOV 20 1: iJ
ci^e4 cit —�
Reception No.`2:�12M,UL>>:ED ALSDC'RF, F:'=CC :.LR
STATE OF COLORADO
ss.
County of Garfield
•
81) )K 56() PAGE433
At a X.gula r meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Court House in Glenwood Springs on Monday , the 17th day of
November A. D. 19 80 , there were present:
Richard C. Jolley , Commissioner Chairman
Larry Velasquez
Flaven J. Cerise
Arthur A. Abplanalp, Jr.
Nancy Sprick Page
when the following proceedings, among others were had and done, to -wit:
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
RESOLUTION NO. 80-268
RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD
COUNTY SUBDIVISION REGULATIONS FOR DEL DAWSON
WHEREAS, Del Dawson has petitioned the Board of County Commissioners
of Garfield County, Colorado, for an exemption from the definition of
the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-
28-101 (10) (a) -(d), as amended, and the Subdivision Regulations of
Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21
(d) and 3.02.01 for the division of a 51 acre tract described as fol-
lows:
In document 11266100 in book 468 page 373 filed in the office
of Clerk and Recorder of Garfield County, Colorado.
into 2 tracts of approximately 20 and 30 acres each, more or less,
which proposed divided tract is more particularly described as follows:
A parcel of land situated in the West z Southwest 4
of Section 4, Township 6 South, Range 92 West of the
6th Principal Meridian lying Northerly of the existing
centerline of the Lower Cactus Valley ditch as in place
of this date and westerly of the westerly side of
County Road No. 229, more particularly described as
follows:
Beginning at the Witness Corner that is common to Sections
4, 5, 8, and 9 of said Township and Range; thence North
575.68 feet to a point in the Lower Cactus Valley ditch, the
true point of beginning; with all bearings contained
herein being relative to a bearing of N 00°43'00" W
along the West line of Section 5 of said Township and
Range; thence along a fence N 00°43'51" W 942.48 feet;
thence along a fence N 89°14'12"E 1298.58 feet; thence
along a fence on the West side of County Road No. 229
S 00°14'00" E 843.69 feet to a point in the Lower
Cactus Valley ditch; thence the following courses
along the centerline of said ditch: N 51°50'00" W
152.80 feet, thence N 65°32'37" W 51.09 feet; thence
N 75°13'00" W 239.92 feet; thence S 69°06'57" W 189.35
feet; thence S 77°35'23" W 69.61 feet; thence
S 85°06'13" W 211.70 feet; thence S 67°24'38" W 105.57
feet; thence N 87°08'56" W 82.87 feet; thence
S 67°39'52" W 90.97 feet; thence S 54°39'47" W 209.69
feet, to the true point of beginning.
Said parcel of land contains 22.63 acres more or less.
( in the State of Colorado and County of Garfield); and
WHEREAS, the Petitioner has demonstrated to the satisfaction of
the Board of County Commissioners of Garfield County, Colorado, that the
proposed division does not fall within the purposes of Part 1, Article 28,
Title 30, Colorado Revised Stat.:t‘=s 1')73, .2 ,f.,r rcacnn that
the impact created does not warrant a full Subdivision review. and;
WHEREAS, the Petitioner has demonstrated to the satisfaction of
the Board of County Commissioners of Garfield County, Colorado, that there is
a reasonable probability of locating domestic water on each of said tracts,
that there is adequate ingress and egress to said tracts, that the location
• •
BOK - 560 F, CE 434
of septic tanks will he permitted by the Colorado Department of Health, that
the requested division is not part of an existing or larger development and
does not fall within the general purposes and intent of the subdivision
regulations of the State of Colorado and the County of Garfield, and should,
therefore, be exempted from the definition of the terms "subdivision" and
"subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as
amended;
NOW, THEREFORE, BE IT RESOLVED that the division of the above described
tract "A" from the above described 51 acre tract is hereby exempted from such
definitions and said tract may be divided into tract "A" all as is more fully
described above, and said divided tract may be conveyed in the form of such
smaller tracts without further compliance with the aforesaid subdivision
statutes and regulations; provided, however, that this exemption is granted
on the condition and with the express understanding and agreement of the
Petitioner that no further exemptions be allowed on said tract "A" and that
a copy of the instrument or instruments of conveyance when recorded shall
be filed with this Resolution.
ATTEST:
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By: 7/
1,t/ --41d /7C-
D_puty fleck of the Board
of Coun y Commissioners
Garfield County, Colorado
C.iairm
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Richard C. Jolley
Larry Velasquez
Flaven J. Cerise
STATE OF COLORADO
County of Garfield
Aye
Aye
Aye
Commissioners
I, , County Clerk and ex -officio Clerk of the Board of County Commissioners
in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of
the Proceedings of the Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs,
this day of , A. D. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners.
MAY 16• ' 95
07:399AM LEAVEi'dNORTH•&CALOIA• P.1
• •.
STATE OF COLOPADO
uffICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1311 Sfxmtian Street, Rr orn 818
Denver, Colorado 80203
Mone (303) 866-3581
FAX (303) 6G6-3589
February 24, 1995
POLICY MEMORANDUM 95-1
Ray Romer
Governor
[Met S. Lechhe.sd
Execrrthe Director
i-1.31 D. SimpoOrt
State Engineer
SUBJECT: ACCEPTANCE OF 25 -YEAR LEASE AUGMJ NT'ATION SUPPLUS
Basis for tic
The Bureau of Reclamation has stated that all new contracts for augmentation
nawaterwill only
be on a 25 -year Lease with no guaranteed option to renew. Existing leases tlup
renewal will also only be given the same 25 -year in that option. The State laces a great burden ort theris tivat r�
concerned about this short term lease pe p
users and our office in our attempts to ensure a reliable supply of augmentation water,
especially when dealing with domestic uses.
Various entities have been in negotiations with the Bureau in an. attempt to lengthen the
contract period and the State Engineer supports those efforts. .The State Engineer believes
that it is critical to obtain long-term augmentatioonsupph� o ensureviable domestic and
municipal. type uses and to protect the vested wer g
ers.
However, the Bureau appears determined to make the 25 year contract policy a reality.
Therefore, the need for policy by the State Engineer is required.
This policy becomes effective immediately and can only be modified or revoked in writing.
1. Water Court
The State Engineer will. accept 25 -year Bureau of Reclamation contracts as a source
of augmentation water until such time as efforts to increase the contr tit lengrees hfand/or
renewal options are successful. -In order to accept such a Supp y,
augmentation plans with this type of contract trust include the following language:
"The state engineer shall curtail all out -of -priority zyto vest water the rights
ledons
from which are not so replaced as to prevent 19901 Further,thea applicant and
pursuant to section 37-92-305(8), C.R.S. (1990).
MAY 16 '95 07: 33AM LEA'VEHHORTH.CALC IA
410 410
POLICY M Iv1QRANDUM 95-1
February 24, 1995
HL
Page 2
its assigns understand that the lease supply is only for a period of 25 years and
if such lease should expire, fail to be renewed, is terminated, or an alternative
sufficient source of replacement water is not included in this decree by proper
amendment prior to such expiration, curtailment of all out -of -priority
diversions will occur."
2. Subdivision Review
If a subdivision review is before the State Engineer that proposes to depend on a 25 -
year lease of Bureau of Reclamation water for its augmentation supply, the State
Engineer will eleaxly inform the County of his concern over the supply and state that
whilvwc accept the supply, it is the state's position that if the lease should expire,
replacement
fail to be renewed, be terminated, or an alternative sufficient source of
water is not obtained prior to expiration of the lease, curtailment of all out -of -priority
diversions will occur. Furthermore, a legal entity should be established to represent
the homeowners such as a water district or homeowners association.
Dated the j -7 day of February, 1995
State Engineer
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Application No. 91CW097
RULING OF REFEREE
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF ERNST G. SHOPP AND
MARGARETE H. SCHOPP, IN THE COLORADO RIVER, OR ITS TRIBUTARIES, TRIBUTARY
INVOLVED: UNNAMED, IN GARFIELD COUNTY
The above entitled Application was filed on July 1, 1991, and amended on
July 15, 1991, and was referred to the undersigned as Water Referee for Water
Division No. 5, State of Colorado, by the Water Judge of said Court on the 6th
day of August, 1991, in accordance with Article 92 of Chapter 37, Colorado
Revised Statutes 1973, known as The Water Right Determination and
Administration Act of 1969.
And the undersigned Referee having made such investigationsas are
necessary to determine whether or not the statements in the amended
Application are true and having become fully advised with respect to the
subject matter of the amended Application does hereby make the following
determination and Ruling as the Referee in this matter, to wit:
1. The statements in the amended Application are true, except as noted
herein.
2. The names of the structures involved are: Schopp Spring No. 1, and
Schopp Spring Nos. 3-13.
3. The names of the Claimants and address: Ernst G. Schopp and
Margarete H. Schopp; P. 0. Box 367; Rifle, CO 81650.
4. The source of the water for all structures is from natural springs,
tributary to the Colorado River.
5. The legal description of each point of diversion: The points of
diversion are a series of natural springs located on the applicants' property
situated in the SW1/4SW1/4, Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.,
described as follows:
Schopp Spring No. 1 - Situate at a point 996.78 feet East and
665.65 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 3 - Situate at a point 697.86 feet East and
640.13 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 4 - Situate at a point 638.15 feet East and
617.72 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
c7,
(V-1991) • •
Schopp 91CW097
Ruling of Referee
Page 2
Schopp Spring No. 5 - Situate at a point 601.51 feet East and
601.99 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 6 - Situate at a point 577.91 feet East and
606.95 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 7 - Situate at a point 564.79 feet East and
605.36 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 8 - Situate at a point 544.05 feet East and
600.95 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 9 - Situate at a point 518.41 feet East and
597.63 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 10 - Situate at a point 503.48 feet East and
597.53 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 11 - Situate at a point 448.46 feet East and
590.04 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 12 - Situate at a point 411.01 feet East and
582.01 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schop. Spring No. 13 - Situate at a point 408.37 feet East and
579.45 fee or o tie " orner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
6. The use of the water for each spring is livestock watering,
irrigation of 22.63 acres collectively, and domestic and household uses for a
single family residence.
7. The claimed date of initiation of appropriation is February 24, 1981;
however, said water rights were abandoned by the Court on September 27, 1990.
Therefore the Applicants cannot support an appropriation date prior to
September 28, 1990.
8. The amount of water claimed is 0.20 cubic foot of water per second of
time, conditional from Schopp Spring No. 3 and 0.03 c.f.s. conditional for
each of Schopp Spring Nos. 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13.
The Referee does therefore conclude that the above entitled Application
should be granted and that said amounts of water per second of time as shown
in paragraph 8 above, all with appropriation dates of November 28, 1990 are
hereby awarded conditionally to Schopp Springs Number 1, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, and 13 for livestock watering, the irrigation of 22.63 acres
collectively and domestic and household uses in one single family dwelling,
provided always that said amounts of water per second of time 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.
(•V-1991 )
Schopp 91CW097
Ruling of Referee
Page 3
• •
Application for a Finding of Reasonable Diligence shall be filed in the
same month as the decree herein is entered every six years after the entry of
the decree herein so long as applicant desires to maintain the conditional
water rights herein awarded, or until a determination has been made that such
conditional rights are made absolute by reason of the completion of the
appropriation, or are otherwise disposed of.
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 /; /frt/
,1,< -...d ti:110 444'
BY THE
FEREE:
Water"Referee
Water Division No. 5
State of Colorado
No protest was filed in this matter. The foregoing Ruling is confirmed
and approved, and is made the Judgment and Decree of this court AND THE MONTH
FOR FILING AN APPLICATION FOR A FINDING OF REASONABLE DILIGENCE SHALL
BE DECEMBER 1997
Dated.,_ , j j-
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
August 31, 1995
Mr. Dave Michaelson, Planner
Garfield County Building and Planning
109 8th Street, Suite 303
Glenwood Springs, Colorado 81601
RE: Schopp Subdivision Exemption
SW 1/4 Sec.4, T.6 S, R.92 W, 6th P.M.
Water Division 5, Water District 39
Dear Mr. Michaelson:
A ( 5 1995
Roy Romer
Governor
James S. Lochhead
Executive Director
Hal D. Simpson
State Engineer
We are in receipt of your referral to exempt the division of one 22+ acre parcel located
about 1 mile west of Silt, Colorado, into two tracts of 12+ and 9+ acres in size. There is an
existing dwelling on 9+ acre parcel, which has an existing water supply from the Schopp Spring
(decreed in Case No. 91CW097). The 12+ acre parcel would be served by a household well.
A permit application has been submitted.
The ground water is hydraulically connected to Colorado River system at this location is
over -appropriated. As such, well permit applications in new subdivisions must be evaluated to
determine if other water rights would be injured considering the cumulative effect of all proposed
wells. It is likely that in many circumstances well permits could not be issued by our office
without a water court approved plan for augmentation. However, under current statutes, if the
Garfield Board of County Commissioners approves this split by exemption as defined in Section
30-28-101(10)(d) C.R.S., our office will evaluate the well permit applications without considering
the cumulative effect of the proposed wells.
Under current laws, Section 37-92-602(3)(b)(II)(A) C.R.S., and hydrologic conditions, it
appears that our office could, in this circumstance, approve well permit for ordinary household
purposes inside the single family dwelling provided that the well would be the only well on the
individual parcel, return flows would be to the same stream system in which the well is located
via non -evaporative disposal system, and the evidence is submitted showing that the County has
approved the parcels as an exemption. Absolutely no outside uses, including irrigation and the
watering of animals, are allowed under this type of permit.
MR. Dave Michaelson Page 2
August 31, 1995
Our records show that the decree for Schopp springs (No. 91 CW97) was granted an
appropriation date of November 28, 1990. The effective date for Green Mountain beneficiary is
January 23, 1984. Therefore, it appears that the springs are not entitled to be the Green
Mountain Beneficiary. The water supply from the Schopp springs is not reliable because the
springs may be administered in the priority system including curtailment when there is a call on
the stream system by senior water rights.
If you have any questions regarding this matter, please feel free to contact this office or
Mr. Ken Knox of our Division office in Montrose at 249-6622.
Sincerely
Mr. Kris Murthy
Professional Engineer
KM/km
schopp.exe
cc: Orlyn Bell, Division Engineer
James R. Lemon, Water Commissioner
Contract No. 950815EMS(a)
Map ID No. 192
Date Activated. 08/16/95
APPLICATION AND DATA FORM
TO LEASE WATER FROM
WEST DIVIDE WATER CONSERVANCY DISTRICT
A. APPLICANT
Name Ernst G. and Margarete H_ schnpp
Address 0335 Ukele Lane. silt, Cnlnrarlo 81652
Telephone Number 97Q / 876 - 21"11
Authorized Agent or Representative
B. WATER RIGHT OWNED BY APPLICANT
Name of Right
Type of Structure or Right well
Location of Point of Diversion
See attached legal description.
Water Court Case No.
Well Permit No.
C. INTENDED USE OF LEASED WATER
Location of Area of Use See attached legal description.
Description of Use Single-family household, limited livestock
watering, and not more than 12,000 square feet of lawn
irrigation.
Number of Dwelling Units
one
Total Acreage 11.04
Proposed Potable Water System
well
Proposed Waste -Water Treatment System
leach field.
Septic tank and
Projected Monthly Volume of Leased Water Needed in
Gallons:
Jan. Feb. Mar.
June July Aug.
Nov. Dec.
Annual Total Gallons
Apr. May
Sept. Oct.
Maximum Instantaneous Demand
D. OTHER REMARKS
Dat
Acre Feet
gpm
one
Signature
EErnstJ— ./61
Margar&'te H. Schopp
PARCEL A
A parcel of land in the WI/2W1/2 Section 4. Township 6 South. Range
92 West of the 6th P.M. in Garfield County. Colorado. and being
more particularly described as follows:
Beginning at a point in an existing fenceline from which the
Witness Corner. a pipe with a brass cap marked County Surveyor.
Garfield County. set for the corner common to Sections 4. 5. 8 and
9. of said Township and Range. bears South 00°43.51 -East a distance
of 288.71- feet. and South a distance of 575.68 feet: thence North
00°43'51 -West a distance of 703.71 feet to a corner marked with a
5/8" rebar and cap stamped L.S. 14060: thence North 89°14'21 -East
and along an existing fenceline. a distance of 1298.58 feet to a
point on the westerly line of County Road 229. thence South
00°14'00"East and along said westerly line a distance of 139.28
feet to a 5/8" rebar and cap stamped L.S. 14060: thence South
80°16'14 -West a distance of 321.02 feet: thence along a fenceline
South 78°35'08"West a distance of 97.52 feet: thence South
32°31'48"West and continuing along said fenceline a distance of
-285.73 feet: thence North 74°30'56 -West and continuingalong said
fenceline a distance of 228.43 feet: thence South 69°5'00"West and
continuing along_said fenceline a distance of 129.24 feet: thence
South 47°39.2"West and continuing alongsaid fenceline a distance
of 70.25 feet: thence South 54°30'18 Wst and continuing along said
fenceline a distance of 407.30 feet to the Point of Beginning.
Containing 11.040 acres more or less.
Contract # 950815EMS (a )
Map ID # 192
Date Activated n8/L6/95
WEST DIVIDE WATER CONSERVANCY DISTRICT
Water Allotment Contract
Name of Applicant: Ernst G. and Margarete H. Schopp
Quantity of water in acre Eeet o n e
Applicant, hereby applies to the West Divide Water
Conservancy District, a political subdivision of the State of
Colorado, organized pursuant to and existing by virtue of C.R.S.
1973, 37-45-101, et seq., (hereinafter referred to as the
"District") for an allotment contract to beneficially and
perpetually use water or water rights owned, leased, or hereafter
acquired by the District. By execution of this application, and
subsequent delivery and use of water, Applicant hereby agrees to
the following terms and conditions:
1. Water Rights: Applicant shall own water rights at
the point of diversion herein lawfully entitling Applicant to
divert water, which will be supplemented by water leased herein.
If Applicant intends to divert through a well, it must be
understood by Applicant that no right to divert exists until a
valid well permit is obtained from the State Engineer.
2. Quantity: Water applied for by the Applicant in
the amount set forth above shall be diverted at Applicant's point
of diversion from the District's direct flow water rights, and
when water is unavailable for diversion pursuant to administration
by the Colorado State Engineer during periods when said direct
flow water right is not in priority, the District shall release
for the use of Applicant up to said quantity in acre-feet per year
of storage water owned or controlled by the District. It is
understood that any quantity allotted from direct flow, storage or
otherwise, to the Applicant by the District will be limited by the
priority of the District's decrees and by the physical and legal
availability of water from District's sources. Any quantity
allotted will only be provided so long as water is available and
the Applicant fully complies with all of the terms and conditions
of this contract. The District and the Applicant recognize that
some of the District's decrees may be in the name of the Colorado
River Water Conservation District, and the ability of the District
to allot direct flow rights to the Applicant may be dependent on
the consent of the Colorado River Water Conservation District. If
at any time the Applicant determines it requires less water than
the amount herein provided, it may so notify the District in
writing, and the amount of water allotted under this contract
shall be reduced permanently in accordance with such notice.
Rates shall be adjusted accordingly in following water years only.
3. Beneficial Use and Location of Beneficial Use: Any
and all water allotted Applicant by the District shall be used for
the following beneficial use or uses: Municipal, domestic and
related uses, or irrigation and commercial (except to the extent
that Ruedi water may not be available for irrigation and
commercial as those terms are defined on page 5 of Contract No.
2-07-70-W0547 between the United States and the West Divide Water
Conservancy District). Applicant's beneficial use of any and all
water allotted shall be within or through facilities or upon land
owned, leased, operated, or under Applicant's control.
4. Decrees and Delivery: Exchange releases made by
the District out of storage from Ruedi Reservoir, or other works
or facilities of the District, or Erom other sources available to
the District, shall be delivered to the Applicant at the outlet
works of said storage facilities or at the decreed point of
-1-
diversion for said other sources, and release or delivery of water
at such outlets or points shall constitute performance of the
District's total obligation. Delivery of water by the District
from Ruedi Reservoir shall be subject to the District's lease
contract with the United States Bureau of Reclamation. Releases
from other facilities available to District shall be subject to
the contracts, laws, rules, and regulations governing releases
therefrom. Furthermore, the District hereby expressly reserves
the right to store water and to make exchange releases from
structures that may be built or controlled by the District in the
future, so long as the water service to the Applicant pursuant to
this agreement, is not impaired by said action. Any quantity of
the Applicant's allocation not delivered to or used by Applicant
by the end of each water year (October 1), shall revert to the
water supplies of the District. Such reversion shall not entitle
Applicant to any refund of payment made for such water.
Water service provided by the District shall be limited
to the amount of water available in priority at the original point
of diversion of the District's applicable water right, and neither
the District, nor those entitled to utilize the District's
decrees, may call on any greater amount at new or alternate points
of diversion. The District shall request the Colorado State
Engineer to estimate any conveyance losses between the original
point and any alternate point, and such estimate shall be deducted
from this amount in each case. The District, or anyone using the
District's decrees, may call on any additional sources of supply
that may be available at an alternate point of diversion, (though
not at the original point of diversion) only as against water
rights which are junior to the date of application for the
alternate point of diversion.
5. Alternate Point of Diversion and Plan of
Augmentation: Decrees for alternate points of diversion of the
District's water rights or storage water may be required in order
for Applicant to use the water service contemplated hereunder.
Obtaining such decree is the exclusive responsibility of
Applicant. The District reserves the exclusive right to review
and approve any conditions which may be attached to judicial
approval of said alternate point of diversion as contemplated or
necessary to serve Applicant's facilities or lands. Applicant
acknowledges and agrees that it shall be solely responsible for
the procedures and legal and engineering costs necessary for any
changes in water rights contemplated herein, and further agrees to
indemnify the District from any costs or losses related thereto.
Applicant is solely responsible for providing works and facilities
necessary to obtain/divert the waters at said alternate point of
diversion and deliver them to Applicant's intended beneficial use.
Irrespective of the amount of water actually transferred to the
Applicant's point of diversion, the Applicant shall make annual
payments to the District based upon the amount of water allotted
under this agreement.
In the event the Applicant intends to apply for an
alternate point of diversion and to develop an augmentation plan
and institute legal proceedings for the approval of such
augmentation plan to allow the Applicant to utilize the water
allotted to Applicant hereunder, the Applicant shall give the
District written notice of such intent. In the event the
Applicant develops and adjudicates its own augmentation plan to
utilize the water allotted hereunder, Applicant shall not be
obligated to pay any amount under paragraph 18 below. In any
event, the District shall have the right to approve or disapprove
the Applicant's augmentation plan and the Applicant shall provide
the District copies of such plan and of all pleadings and other
papers filed with the water court in the adjudication thereof.
6. Contract Payment: Non-refundable, one time
administrative charge, in the amount determined by the Board of
Directors of the District from time to time, shall be submitted
with this application for consideration by the District.
-2-
Annual payment for the water service described herein
shall be determined by the Board of Directors of the District at a
per acre-foot rate. The initial annual payment shall be made, in
full, within thirty (30) days after the date of notice to the
Applicant that the initial payment is due. Said notice will
advise the Applicant, among other things, of the water delivery
year to which the initial payment shall apply and the price which
is applicable to that year. Annual payments for each year
thereafter shall be due and payable by the Applicant on or before
each January 1. If an annual payment is not made by the due date,
written notice thereof will be sent by the District to the
Applicant at such address as may be designated by the Applicant in
writing. (If no address has been so designated in writing, then
said notice shall be sent to Applicant's address set forth herein.
Water use for any part of a water year shall require payment for
the entire water year. Nothing herein shall be construed so as to
prevent the District from adjusting the annual rate in its sole
discretion for future years only.
If payment is not made within ten (10) days after the
date of said written notice, Applicant shall at District's sole
option have no further right, title or interest under this
contract without further notice and delivery may be immediately
curtailed; and the allotment of water, as herein made, may be
transferred, leased, or otherwise disposed of at the discretion of
the Board of Directors of the District.
7. Security: As security to the District, the
foregoing covenant of annual payments in advance of water
delivery, will be fully met by annual budget and appropriation of
funds from such sources of revenues as may be legally available to
the Applicant. As additional security to the District, the
Applicant will hold harmless the District and any person,
corporation, quasi -governmental entity, or other governmental
entity, for discontinuance in service due to the failure of the
Applicant to maintain the payments herein contemplated on a
current basis.
Applicant agrees to defray any out-of-pocket expenses
incurred by the District in connection with the allotment of water
rights hereunder, including, but not limited to, reimbursement of
legal and engineering costs incurred in connection with any water
rights and adjudication necessary to allow Applicant's use of such
allotted water rights.
8. Assignment: This agreement shall inure to the
benefit of the heirs, successors or assigns of the parties hereto,
except that no assignment shall be permitted in the event the
water right allotted hereunder is to be used for the benefit of
land which will be subdivided or otherwise held or owned in
separate ownership interests by two (2) or more users of the water
right allotted hereunder. In no event shall the owner of a
portion, but less than all, of the Applicant's property to be
served under this contract, have any rights hereunder. Any
assignment of the Applicant's rights under this contract shall be
subject to, and must comply with, such requirements as the
District may hereafter adopt regarding assignment of contract
rights and the assumption of contract obligations by assignees and
successors. Nothing herein shall prevent successors to a portion
of Applicant's property from applying to the District for
individual and separate allotment contracts.
9. Other Rules: Applicant shall be bound by the
provisions of the Water Conservancy Act of Colorado; by the rules
and regulations of the Board of Directors of the District; and all
amendments thereof and supplements thereto and by all other
applicable law.
10. Operation and Maintenance Agreement: Applicant
shall enter into an "Operation and Maintenance Agreement" with the
District under terms and conditions determined by the Board of
Directors of the District, if and when, the Board of said District
-3-
determines in its sole discretion that such an agreement is
required. Said agreement may contain, but shall not be limited
to, provisions for additional annual monetary consideration for
extension of District delivery services and for additional
administration, operation, and maintenance costs; or for other
costs to the District which may arise through services made
available to the Applicant.
11. Change of Use: The District reserves the exclusive
right to review, reapprove or disapprove any proposed change in
use of the water allotted hereunder. Any use other than that set
forth herein or any lease or sale of the water or water rights
allotted hereunder without the prior written approval of the
District shall be deemed to be a material breach of this contract.
12. Use and Place of Use: Applicant agrees to use the
water in the manner and on the property described in the documents
submitted to the District at the time this agreement is executed
(said documents are incorporated herein by this reference
thereto), or in any operation and maintenance agreement provided
by Applicant. Any use other than as set forth thereon or any
lease or sale of the water or water rights herein, other than as
permitted in paragraph 8 above, shall be deemed to be a material
breach of this agreement.
13. Title: It is understood and agreed that nothing
herein shall be interpreted to give the Applicant any equitable or
legal fee title interest in or to any water or water rights
referred to herein.
14. Conservation: Applicant shall use commonly
accepted conservation practices with respect to the water and
water rights herein, and hereby agrees to be bound by any
conservation plan adopted hereafter by the District for use of
District owned or controlled water or water rights.
15. Restrictions: Applicant shall restrict uses as
follows (unless specific waivers are appended to this agreement).
Violation of these restrictions shall be deemed to be a material
breach of this agreement.
Use Annual Maximum Diversion
Household
Domestic (includes lawn)
Livestock (cattle)
Irrigation
1/3 acre foot
1 - 3 acre feet
1 acre foot/100 head
2 - 3 acre Eeet/acre
16. Well Permit: If Applicant intends to divert
through a well, then Applicant must provide to District a copy of
Applicant's valid well permit before District is obligated to
deliver any water hereunder.
17. Representations: By executing this agreement,
Applicant agrees that he is not relying on any legal or
engineering advice that he may believe he has received from the
District. Applicant further acknowledges that he has obtained all
necessary legal and engineering advice from his own sources other
than the District. Applicant further acknowledges that the
District makes no guarantees, warranties, or assurances whatsoever
about the quantity or quality of water available pursuant to this
agreement. Should the District be unable to provide the water
contracted for herein, no damages may be assessed against the
District, nor may Applicant obtain a refund from the District.
18. Costs of Water Court Filing: Should the District,
in its own discretion, choose to include Applicant's contract
herein in a water court filing for alternate point of diversion
or plan of augmentation, then Applicant hereby agrees to pay to
the District, when assessed, an additional fee representing the
District's actual and reasonable costs and fees for Applicant's
share of the proceeding.
-4-
19. Binding Agreement: This Agreement shall not be
complete nor binding upon the District unless attached hereto is
the form entitled "Application for Purchase of Waters Erom the
West Divide Water Conservancy District" fully completed by
Applicant and approved by the District's engineer. Said
attachments shall by this reference thereto be incorporated into
the terms of this agreement.
20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE
APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN
ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS
CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN
THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING
FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING
STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE
WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE.
APPLICT:
By <7,,L�<�. a iG(ljl) ByG2 4 0// .
Ernst G. Sc opp / Marga ete H. Schopp
APPLICANT ADDRESS:
APPLICANT:
STATE OF COLORADO
ss.
COUNTY OF GARFIELD
0335 Ukele Lane
Silt, CO 81652
The foregoing instrument was acknowledged before me 0A
this 154\ day of cL04 , 19S, by Ernst G. Schopp and
Margaret H. Schopp.
Witness my hand and official seal.
My commission expires: 1 D-01. -CAS
'l,
No�t�ry Pu• is
ORDER
After a hearing by the Board of Directors of the West
Divide Water Conservancy District on the above application, it is
hereby ORDERED that said application be granted and this contract
shall be and is accepted by the District.
ll,c,_,azel
ecretaey
WEST DIVIDE WATER
CONSERVANCY DISTRICT
By
President)
07(
Date
This contract includes and is subject to the terms and
conditions of the following documents which must accompany this
contract:
1. Map showing location of point of diversion (use map
provided)
2. Application and Data Form fully completed and
signed
3. Other
-5-
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WEST DIVIDE WATER CONSERVANCY DISTRICT
P. O. BOB 1478
RIFLE, COLORADO 81650-1478
625-1887
Officers
President 876-2821
Kelly Couey
4745 C.R. 315
Silt, CO 81652
Vice President
Samuel B. Potter
0598 C. R. 323
Rifle, CO 81650
Treasurer
LaVerne Starbuck
3106 C.R. 342
Silt, CO 81652
Secretary/Water Manager 625-1887
Russell George, Attorney
Stuver & George, P.C.
P. 0. Box 907
Rifle, CO 81650
August 16, 1995
Ernst and garete Schopp
0335 Uke Lane
Silt, C 81652
Dear Mr. and Mrs. Schopp:
Board of Directors
Kelly Couey
4745 C. R. 315
Silt, CO 81652
William M. Zilm
0090 Sunlight Dr.
Glenwood Springs, CO 81601
LaVerne Starbuck
3106 County Road 342
Silt, CO 81652
Gregory Durrett
926 Blake Avenue
Glenwood Springs, CO 81601
Samuel B. Potter
0598 C.R. 323
Rifle, CO 81650
Enclosed is your approved contract #950815EMS(a). Please read the
contract carefully if you have not already done so, but please
especially note paragraph 2 concerning availability of water.
West Divide obtains its storage water from Ruedi Reservoir and
Green Mountain Reservoir. Current federal policy has made it
increasingly difficult to predict availability of water to West
Divide. We cannot make guarantees that we can make any water
available to you under this contract.
If this is of concern to you, you may rescind this contract if you
give us written notice within the next 15 days. Otherwise we will
maintain the contract in force according to its terms and subject
to this disclaimer.
Copies of your contract are being submitted to the following
entities:
The State Division of Water Resources
Division No. 5 Water Resources
Page 2
August 16, 1995
The Colorado River Water Conservation District
District No. 45 Water Resources
West Divide's Attorney and Engineer
Sincerely yours,
e _
)..., ? sad wy.,, ate•. n^; ,^^
Russell George
Attorney/Water Manager
RG:jm
Enclosure
cc The State Division of Water Resources w/enclosure
Division No. 5 Water Resources w/enclosure
The Colorado River Water Conservation District w/enclosure
District No. 45 Water Resources w/enclosure
Edward J. Currier, P.E. w/enclosure
Thomas W. Stuver, Esq. w/enclosure
WEST DIVIDE WATER CONSERVANCY DISTRICT
P. O. BOB 1478
RIFLE, COLORADO 81650-1478
625-1887
Officers
President 876-2821
Kelly Couey
4745 C.R. 315
Silt, CO 81652
Vice President
Samuel B. Potter
0598 C. R. 323
Rifle, CO 81650
Treasurer
LaVerne Starbuck
3106 C.R. 342
Silt, CO 81652
Secretary/Water Manager 625-1887
Russell George, Attorney
Stuver & George, P.C.
P. 0. Box 907
Rifle, CO 81650
August 16, 1995
Ernst and garete Schopp
0335 Uke Lane
Silt, C 81652
Board of Directors
Kelly Couey
4745 C. R. 315
Silt, CO 81652
William M. Zilm
0090 Sunlight Dr.
Glenwood Springs, CO 81601
LaVerne Starbuck
3106 County Road 342
Silt, CO 81652
Gregory Durrett
926 Blake Avenue
Glenwood Springs, CO 81601
Samuel 8. Potter
0598 C.R. 323
Rifle, CO 81650
Dear Mr. and Mrs. Schopp:
Enclosed is your approved contract #950815EMS(a). Please read the
contract carefully if you have not already done so, but please
especially note paragraph 2 concerning availability of water.
West Divide obtains its storage water from Ruedi Reservoir and
Green Mountain Reservoir. Current federal policy has made it
increasingly difficult to predict availability of water to West
Divide. We cannot make guarantees that we can make any water
available to you under this contract.
If this is of concern to you, you may rescind this contract if you
give us written notice within the next 15 days. Otherwise we will
maintain the contract in force according to its terms and subject
to this disclaimer.
Copies of your contract are being submitted to the following
entities:
The State Division of Water Resources
Division No. 5 Water Resources
.07
Page 2
August 16, 1995
The Colorado River Water Conservation District
District No. 45 Water Resources
West Divide's Attorney and Engineer
Sincerely yours,
trS LLL G L. L.
Russell George
Attorney/Water Manager
RG: jm
Enclosure
cc The State Division of Water Resources w/enclosure
Division No. 5 Water Resources w/enclosure
The Colorado River Water Conservation District w/enclosure
District No. 45 Water Resources w/enclosure
Edward J. Currier, P.E. w/enclosure
Thomas W. Stuver, Esq. w/enclosure
Contract No. 950815EMS(a)
-# Map ID No. 192
Date Activated. 08/16/95
APPLICATION AND DATA FORM
TO LEASE WATER FROM
WEST DIVIDE WATER CONSERVANCY DISTRICT
A. APPLICANT
Name Ernst G. and Margarete H_ Schnpp
Address 0335 Ukele Lane, silt, Cn1nrcin 81652
Telephone Number 970 / 876 - 71-i1
Authorized Agent or Representative
B. WATER RIGHT OWNED BY APPLICANT
Name of Right
Type of Structure or Right well
Location of Point of Diversion
See attached legal description.
Water Court Case No.
Well Permit No.
C. INTENDED USE OF LEASED WATER
Location of Area of Use See attached legal description.
Description of Use Single-family household, limited livestock
watering, and not more than 12,000 square feet of lawn
irrigation.
Number of Dwelling Units one
Total Acreage 11.04
Proposed Potable Water System well
Proposed Waste -Water Treatment System Septic tank and
leach field.
Projected Monthly Volume of Leased Water Needed in
Gallons:
Jan. Feb. Mar. Apr. May
June July Aug. Sept. Oct.
Nov. Dec.
Annual Total Gallons Acre Feet one
Maximum Instantaneous Demand gpm
D. OTHER REMARKS
Ernst je://p
Dat Signature Margare H . Schopp
PARCEL A
A parcel of land in the WI/2W1/2 Section 4. Township 6 South. Range
92 West of the 6th P.M. in Garfield County. Colorado. and being
more particularly described as follows:
Beginning at a point in an existing fenceline from which the
Witness Corner. a pipe with a brass cap marked County Surveyor.
Garfield County. set for the corner common to Sections 4. 5. 8 and
9. of said Township and Range. bears South 00°43'51 -East a distance
of 288.71- feet. and South a distance of 575.68 feet: thence North
00°43'51"West a distance of 703.71 feet to a corner marked with a
5/8" rebar and cap stamped L.S. 14060: thence North 89°14'21 -East
and along an existing fenceline. a distance of 1298.58 feet to a
point on the westerly line of County Road 229. thence South
00°14'00 -East and along said westerly line a distance of 139.28
feet to a 5/8" rebar and cap stamped L.S. 14060: thence South
80°16'14 -West a distance of 321.02 feet: thence along a fenceline
South 78°35'08 -West a distance of 97.52 feet: thence South
32°31'48 -West and continuing along said fenceline a distance of
-285.73 feet: thence North 74°30'56 -West and continuing along said
fenceline a distance of 228.43 feet: thence South 69°05'00"West and
continuing along said fenceline a distance of 129.24 feet: thence
South 47°39'28"West and continuing along said fenceline a distanc
of 70.25 feet: thence South 54°3018"W" e
fenceline a distance of 407.30 feet to 54°3-018-West
Pont oof I Begina ng 9 said
Containing 11.040 acres more or less.
Contract # 950815EMS (a )
Map ID # 192
Date Activated 08/16/95
WEST DIVIDE WATER CONSERVANCY DISTRICT
Water Allotment Contract
Name of Applicant: Ernst G. and Margarete H. Schopp
Quantity of water in acre feet o n e
Applicant, hereby applies to the West Divide Water
Conservancy District, a political subdivision of the State of
Colorado, organized pursuant to and existing by virtue of C.R.S.
1973, 37-45-101, et seq., (hereinafter referred to as the
"District") for an allotment contract to beneficially and
perpetually use water or water rights owned, leased, or hereafter
acquired by the District. By execution of this application, and
subsequent delivery and use of water, Applicant hereby agrees to
the following terms and conditions:
1. Water Rights: Applicant shall own water rights at
the point of diversion herein lawfully entitling Applicant to
divert water, which will be supplemented by water leased herein.
If Applicant intends to divert through a well, it must be
understood by Applicant that no right to divert exists until a
valid well permit is obtained from the State Engineer.
2. Quantity: Water applied for by the Applicant in
the amount set forth above shall be diverted at Applicant's point
of diversion from the District's direct flow water rights, and
when water is unavailable for diversion pursuant to administration
by the Colorado State Engineer during periods when said direct
flow water right is not in priority, the District shall release
for the use of Applicant up to said quantity in acre-feet per year
of storage water owned or controlled by the District. It is
understood that any quantity allotted from direct flow, storage or
otherwise, to the Applicant by the District will be limited by the
priority of the District's decrees and by the physical and legal
availability of water from District's sources. Any quantity
allotted will only be provided so long as water is available and
the Applicant fully complies with all of the terms and conditions
of this contract. The District and the Applicant recognize that
some of the District's decrees may be in the name of the Colorado
River Water Conservation District, and the ability of the District
to allot direct flow rights to the Applicant may be dependent on
the consent of the Colorado River Water Conservation District. If
at any time the Applicant determines it requires less water than
the amount herein provided, it may so notify the District in
writing, and the amount of water allotted under this contract
shall be reduced permanently in accordance with such notice.
Rates shall be adjusted accordingly in following water years only.
3. Beneficial Use and Location of Beneficial Use: Any
and all water allotted Applicant by the District shall be used for
the following beneficial use or uses: Municipal, domestic and
related uses, or irrigation and commercial (except to the extent
that Ruedi water may not be available for irrigation and
commercial as those terms are defined on page 5 of Contract No.
2-07-70-W0547 between the United States and the West Divide Water
Conservancy District). Applicant's beneficial use of any and all
water allotted shall be within or through facilities or upon land
owned, leased, operated, or under Applicant's control.
4. Decrees and Delivery: Exchange releases made by
the District out of storage from Ruedi Reservoir, or other works
or facilities of the District, or from other sources available to
the District, shall be delivered to the Applicant at the outlet
works of said storage facilities or at the decreed point of
-1-
diversion for said other sources, and release or delivery of water
at such outlets or points shall constitute performance of the
District's total obligation. Delivery of water by the District
from Ruedi Reservoir shall be subject to the District's lease
contract with the United States Bureau of Reclamation. Releases
from other facilities available to District shall be subject to
the contracts, laws, rules, and regulations governing releases
therefrom. Furthermore, the District hereby expressly reserves
the right to store water and to make exchange releases from
structures that may be built or controlled by the District in the
future, so long as the water service to the Applicant pursuant to
this agreement, is not impaired by said action. Any quantity of
the Applicant's allocation not delivered to or used by Applicant
by the end of each water year (October 1), shall revert to the
water supplies of the District. Such reversion shall not entitle
Applicant to any refund of payment made for such water.
Water service provided by the District shall be limited
to the amount of water available in priority at the original point
of diversion of the District's applicable water right, and neither
the District, nor those entitled to utilize the District's
decrees, may call on any greater amount at new or alternate points
of diversion. The District shall request the Colorado State
Engineer to estimate any conveyance losses between the original
point and any alternate point, and such estimate shall be deducted
from this amount in each case. The District, or anyone using the
District's decrees, may call on any additional sources of supply
that may be available at an alternate point of diversion, (though
not at the original point of diversion) only as against water
rights which are junior to the date of application for the
alternate point of diversion.
5. Alternate Point of Diversion and Plan of
Augmentation: Decrees for alternate points of diversion of the
District's water rights or storage water may be required in order
for Applicant to use the water service contemplated hereunder.
Obtaining such decree is the exclusive responsibility of
Applicant. The District reserves the exclusive right to review
and approve any conditions which may be attached to judicial
approval of said alternate point of diversion as contemplated or
necessary to serve Applicant's facilities or lands. Applicant
acknowledges and agrees that it shall be solely responsible for
the procedures and legal and engineering costs necessary for any
changes in water rights contemplated herein, and further agrees to
indemnify the District from any costs or losses related thereto.
Applicant is solely responsible for providing works and facilities
necessary to obtain/divert the waters at said alternate point of
diversion and deliver them to Applicant's intended beneficial use.
Irrespective of the amount of water actually transferred to the
Applicant's point of diversion, the Applicant shall make annual
payments to the District based upon the amount of water allotted
under this agreement.
In the event the Applicant intends to apply for an
alternate point of diversion and to develop an augmentation plan
and institute legal proceedings for the approval of such
augmentation plan to allow the Applicant to utilize the water
allotted to Applicant hereunder, the Applicant shall give the
District written notice of such intent. In the event the
Applicant develops and adjudicates its own augmentation plan to
utilize the water allotted hereunder, Applicant shall not be
obligated to pay any amount under paragraph 18 below. In any
event, the District shall have the right to approve or disapprove
the Applicant's augmentation plan and the Applicant shall provide
the District copies of such plan and of all pleadings and other
papers filed with the water court in the adjudication thereof.
6. Contract Payment: Non-refundable, one time
administrative charge, in the amount determined by the Board of
Directors of the District from time to time, shall be submitted
with this application for consideration by the District.
-2-
Annual payment for the water service described herein
shall be determined by the Board of Directors of the District at a
per acre-foot rate. The initial annual payment shall be made, in
full, within thirty (30) days after the date of notice to the
Applicant that the initial payment is due. Said notice will
advise the Applicant, among other things, of the water delivery
year to which the initial payment shall apply and the price which
is applicable to that year. Annual payments for each year
thereafter shall be due and payable by the Applicant on or before
each January 1. If an annual payment is not made by the due date,
written notice thereof will be sent by the District to the
Applicant at such address as may be designated by the Applicant in
writing. (If no address has been so designated in writing, then
said notice shall be sent to Applicant's address set Eorth herein.
Water use for any part of a water year shall require payment for
the entire water year. Nothing herein shall be construed so as to
prevent the District from adjusting the annual rate in its sole
discretion for future years only.
If payment is not made within ten (10) days after the
date of said written notice, Applicant shall at District's sole
option have no further right, title or interest under this
contract without further notice and delivery may be immediately
curtailed; and the allotment of water, as herein made, may be
transferred, leased, or otherwise disposed of at the discretion of
the Board of Directors of the District.
7. Security: As security to the District, the
foregoing covenant of annual payments in advance of water
delivery, will be fully met by annual budget and appropriation of
funds from such sources of revenues as may be legally available to
the Applicant. As additional security to the District, the
Applicant will hold harmless the District and any person,
corporation, quasi -governmental entity, or other governmental
entity, for discontinuance in service due to the failure of the
Applicant to maintain the payments herein contemplated on a
current basis.
Applicant agrees to defray any out-of-pocket expenses
incurred by the District in connection with the allotment of water
rights hereunder, including, but not limited to, reimbursement of
legal and engineering costs incurred in connection with any water
rights and adjudication necessary to allow Applicant's use of such
allotted water rights.
8. Assignment: This agreement shall inure to the
benefit of the heirs, successors or assigns of the parties hereto,
except that no assignment shall be permitted in the event the
water right allotted hereunder is to be used Eor the benefit of
land which will be subdivided or otherwise held or owned in
separate ownership interests by two (2) or more users of the water
right allotted hereunder. In no event shall the owner of a
portion, but less than all, of the Applicant's property to be
served under this contract, have any rights hereunder. Any
assignment of the Applicant's rights under this contract shall be
subject to, and must comply with, such requirements as the
District may hereafter adopt regarding assignment of contract
rights and the assumption of contract obligations by assignees and
successors. Nothing herein shall prevent successors to a portion
of Applicant's property from applying to the District for
individual and separate allotment contracts.
9. Other Rules: Applicant shall be bound by the
provisions of the Water Conservancy Act of Colorado; by the rules
and regulations of the Board of Directors of the District; and all
amendments thereof and supplements thereto and by all other
applicable law.
10. Operation and Maintenance Agreement: Applicant
shall enter into an "Operation and Maintenance Agreement" with the
District under terms and conditions determined by the Board of
Directors of the District, if and when, the Board of said District
-3-
determines in its sole discretion that such an agreement is
required. Said agreement may contain, but shall not be limited
to, provisions for additional annual monetary consideration for
extension of District delivery services and for additional
administration, operation, and maintenance costs; or for other
costs to the District which may arise through services made
available to the Applicant.
11. Change of Use: The District reserves the exclusive
right to review, reapprove or disapprove any proposed change in
use of the water allotted hereunder. Any use other than that set
forth herein or any lease or sale of the water or water rights
allotted hereunder without the prior written approval of the
District shall be deemed to be a material breach of this contract.
12. Use and Place of Use: Applicant agrees to use the
water in the manner and on the property described in the documents
submitted to the District at the time this agreement is executed
(said documents are incorporated herein by this reference
thereto), or in any operation and maintenance agreement provided
by Applicant. Any use other than as set forth thereon or any
lease or sale of the water or water rights herein, other than as
permitted in paragraph 8 above, shall be deemed to be a material
breach of this agreement.
13. Title: It is understood and agreed that nothing
herein shall bei t ren preted to give the Applicant any equitable or
legal fee title interest in or to any water or water rights
referred to herein.
14. Conservation: Applicant shall use commonly
accepted conservation practices with respect to the water and
water rights herein, and hereby agrees to be bound by any
conservation plan adopted hereafter by the District for use of
District owned or controlled water or water rights.
15. Restrictions: Applicant shall restrict uses as
follows (unless specific waivers are appended to this agreement).
Violation of these restrictions shall be deemed to be a material
breach of this agreement.
Use Annual Maximum Diversion
Household
Domestic (includes lawn)
Livestock (cattle)
Irrigation
1/3 acre foot
1 - 3 acre feet
1 acre foot/100 head
2 - 3 acre feet/acre
16. Well Permit: If Applicant intends to divert
through a well, then Applicant must provide to District a copy of
Applicant's valid well permit before District is obligated to
deliver any water hereunder.
17. Representations: By executing this agreement,
Applicant agrees that he is not relying on any legal or
engineering advice that he may believe he has received from the
District. Applicant further acknowledges that he has obtained all
necessary legal and engineering advice from his own sources other
than the District. Applicant further acknowledges that the
District makes no guarantees, warranties, or assurances whatsoever
about the quantity or quality of water available pursuant to this
agreement. Should the District be unable to provide the water
contracted for herein, no damages may be assessed against the
District, nor may Applicant obtain a refund from the District.
18. Costs of Water Court Filing: Should the District,
in its own discretion, choose to include Applicant's contract
herein in a water court filing for alternate point of diversion
or plan of augmentation, then Applicant hereby agrees to pay to
the District, when assessed, an additional fee representing the
District's actual and reasonable costs and fees for Applicant's
share of the proceeding.
-4-
19. Binding Agreement: This Agreement shall not be
complete nor binding upon the District unless attached hereto is
the form entitled "Application for Purchase of Waters from the
West Divide Water Conservancy District" fully completed by
Applicant and approved by the District's engineer. Said
attachments shall by this reference thereto be incorporated into
the terms of this agreement.
20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE
APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN
ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS
CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN
THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING
FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING
STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE
WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE.
APPLICT:
By ,9 ( ((-W By
Ernst G. Sc opp //
APPLICANT:
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
Margatete H. Schopp
APPLICANT ADDRESS:
0335 Ukele Lane
Silt, CO 81652
The foregoing instrument was acknowledged before me on
this ph day of cck,Sa , 19, by Ernst G. Schopp and
Margaret H. Schopp.
Witness my hand and official seal.
My commission expires: , a -c -c1S
b 0 e '
y
ORDER
P
is
After a hearing by the Board of Directors of the West
Divide Water Conservancy District on the above application, it is
hereby ORDERED that said application be granted and this contract
shall be and is accepted by the District.
/(,)
A 2:
JIB
ecreta;y
WEST DIVIDE WATER
CONSERVANCY DISTRICT
By
PreidentJ
gra/Fr
Date
This contract includes and is subject to the terms and
conditions of the following documents which must accompany this
contract:
1. Map showing location of point of diversion (use map
provided)
2. Application and Data Form fully completed and
signed
3. Other
-5-
f
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
September 7, 1995
Mr. Dave Michaelson, Planner
Garfield County Building and Planning
109 8th Street, Suite 303
Glenwood Springs, Colorado 81601
RE: Schopp Subdivision Exemption
SW 1/4 Sec.4, T.6 S, R.92 W, 6th P.M.
Water Division 5, Water District 39
Dear Mr. Michaelson:
OF' coz
1876
Roy Romer
Governor
James S. Lochhead
Executive Director
Hal D. Simpson
State Engineer
Enclosed is an amended letter. The previous letter inadvertently refereed you to Mr. Ken
Knox of Montrose office. This is regarding your referral to exempt the division of one 22+ acre
parcel located about 1 mile west of Silt, Colorado, into two tracts of 12+ and 9+ acres in size.
There is an existing dwelling on 9+ acre parcel, which has an existing water supply from the
Schopp Spring (decreed in Case No. 91CW097). The 12+ acre parcel would be served by a
household well. A permit application has been submitted.
The ground water is hydraulically connected to Colorado River system at this location is
over -appropriated. As such, well permit applications in new subdivisions must be evaluated to
determine if other water rights would be injured considering the cumulative effect of all proposed
wells. It is likely that in many circumstances well permits could not be issued by our office
without a water court approved plan for augmentation. However, under current statutes, if the
Garfield Board of County Commissioners approves this split by exemption as defined in Section
30-28-101(10)(d) C.R.S., our office will evaluate the well permit applications without considering
the cumulative effect of the proposed wells.
Under current laws, Section 37-92-602(3)(b)(II)(A) C.R.S., and hydrologic conditions, it
appears that our office could, in this circumstance, approve well permit for ordinary household
purposes inside the single family dwelling provided that the well would be the only well on the
individual parcel, return flows would be to the same stream system in which the well is located
via non -evaporative disposal system, and the evidence is submitted showing that the County has
approved the parcels as an exemption. Absolutely no outside uses, including irrigation and the
watering of animals, are allowed under this type of permit.
MR. Dave Michaelson
September 7, 1995
Our records show that the decree for Schopp springs (No. 91 CW97) was granted an
appropriation date of November 28, 1990. The effective date for Green Mountain beneficiary is
January 23, 1984. Therefore, it appears that the springs are not entitled to be the Green
Mountain Beneficiary. The water supply from the Schopp springs is not reliable because the
springs may be administered in the priority system including curtailment when there is a call on
the stream system by senior water rights.
If you have any questions regarding this matter, please feel free to contact this office or
Mr. Orlyn Bell of our Division office in Glenwood Springs at 945-5665.
Page 2
Sincerely
Mr. Kris Murthy
Professional Engineer
KM/km
schopp.exe
cc: Orlyn Bell, Division Engineer
James R. Lemon, Water Commissioner
THOMAS W. STUVER
RUSSELL GEORGE
MELODY D. MASSIH
STUVER & GEORGE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. O. BOX 907
RIFLE, COLORADO 81650
November 10, 1995
Mr. Mark Bean
GARFIELD COUNTY PLANNING DEPARTMENT
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
RE: SCHOPP EXEMPTION
Dear Mark:
TELEPHONE 970 - 625-1887
FAX 970 - 625-4448
Enclosed herewith is Schopps' check payable to the order of
Garfield County for $200.00 for the school impact fee. Also
enclosed is a copy of a revised plat with certificates. Mid
Coolbaugh indicates to me that he can produce the Mylar in a 24" x
36" dimension. Is this what you want?
Please give me a call once you have had an opportunity to review
this.
Very truly yours,
STUVER & GEORG , P.C.
Thomas W. Stuver
TWS/cpm
Enclosures
Il
Officers
President 876-2821
Kelly Couey
4745 C.R. 315
Silt, CO 81652
Vice President
Samuel B. Potter
0598 C. R. 323
Rifle, CO 81650
Treasurer
LaVerne Starbuck
3106 C.R. 342
Silt, CO 81652
WEST DIVIDE WATER CONSERVANCY DISTRICT
P. O. BOX 1478
RIFLE, COLORADO 81650-1478
625-1887
Secretary/Water Manager 625-1887
Russell George, Attorney
Stuver & George, P.C.
P. 0. Box 907
Rifle, CO 81650
November 2, 1995
Ernst G. and Margarete H. Schopp
0335 Ukele Lane
Silt, CO 81652
Dear Mr. and Mrs. Schopp:
Board of Directors
Kelly Couey
4745 C. R. 315
Silt, CO 81652
William M. Zilm
0090 Sunlight Dr.
Glenwood Springs, CO 81601
LaVerne Starbuck
3106 County Road 342
Silt, CO 81652
Larry Axthelm
1002 Cooper Avenue
Glenwood Springs, CO 81601
Samuel B. Potter
0598 C.R. 323
Rifle, CO 81650
Enclosed is your approved contract No. 951016EMS(a). Please read
the contract carefully if you have not already done so, but please
especially note paragraph 2 concerning availability of water.
West Divide obtains its storage water from Ruedi Reservoir and
Green Mountain Reservoir. Current federal policy has made it
increasingly difficult to predict availability of water to West
Divide. While we cannot guarantee that we can make any water
available to you under this contract, we will continue to do
everything possible to assure availability of the federal water
while we develop alternative supplies.
This water allotment contract may require you to obtain a well
permit from the State Engineer's office. Once your well is drilled
you are required to install a measuring device and submit a meter
reading to West Divide. You will be provided with a special form
for this purpose upon notification that your well has been drilled.
Schopp
November 2, 1995
Page r;
Non-compliance with measuring and reporting requirements are
grounds for cancellation of your water allotment contract with West
'Divide. This could result in action by the State Engineer which
could prevent your further use of your well.
Sin4rely yours,
I
Russell George
Attorney/Water Manager
RG:jm
Enclosure
cc The State Division of Water Resources w/enclosure
Division No. 5 Water Resources w/enclosure
The Colorado River Water Conservation District w/enclosure
District No. 45 Water Resources w/enclosure
Edward J. Currier, P.E. w/enclosure
Thomas W. Stuver, Esq. w/enclosure
jJ
Contract No. 951016EMS(a)
Map ID No. 199
Date Activated. 10/25/95
APPLICATION AND DATA FORM
TO LEASE WATER FROM
WEST DIVIDE WATER CONSERVANCY DISTRICT
A. APPLICANT
Name Ernst G. and Margarete H. Schopp
Address 0335 Ukele Lane, Silt, Colorado 81652
Telephone Number 970 / 876 - 2131
Authorized Agent or Representative
B. WATER RIGHT OWNED BY APPLICANT
Name of Right Schopp Springs 1-13
Type of Structure or Right Springs
Location of Point of Diversion See attached
Ruling of Referee in Case No. 86CW23 and Ruling of
Referee in Case No. 91CW097.
Water Court Case Nc.
Well Permit No.
C. INTENDED USE OF LEASED WATER
Location of Area of Use See attached legal
description.
Description of Use Single-familv household, limited
non-commercial livestock watering, lawn and garden
watering.
Number of Dwelling Units
Total Acreage 11.590
Proposed Potable Water System
one
Springs
Proposed Waste -Water Treatment System
leach field.
Septic tank and
Projected Monthly Volume of Leased Water Needed in
Gallons:
Jan. Feb. Mar. Apr. May
June July Aug. Sept. Oct.
Nov. Dec.
Annual Total Gallons Acre Feet one
Maximum Instantaneous Demand gpm
D. OTHER REMARKS
/2 ` L' 1r� V% ( t/( r )
Signatur 4 Ernst Scop
Date Signature `Margarete H.Schopp
y 1'
f
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Application No. 86CW23
RULING OF REFEREE
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF ERNST G. SCHOPP AND
MARGARET H. SCHOPP, IN THE COLORADO RIVER, IN GARFIELD COUNTY
The above entitled Application was filed on February 13, 1986, and was
referred to the undersigned as Water Referee for Water Division No. 5, State
of Colorado, by the Water Judge of said Court on the 6th day of March, 1986,
in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973,
known as The Water Right Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations as are
necessary to determine whether or not the statements in the Application are
true and having become fully advised with respect to the subject matter of the
Application does hereby make the following determination and Ruling as the
Referee in this matter, to -wit:
1. The statements in the Application are true, except that only Schopp
Spring No. 2 has been developed and 0.10 c.f.s. has been diverted and applied
to beneficial use for irrigation.
2. The names of the structures involved are Schopp Spring No. 1 through
Schopp Spring No. 13.
3. The names and address of the Claimant: Ernst G. Schopp and Margurite
H. Schopp; 530 Ash Avenue; Rifle, Colorado.
4. The source of the water is from springs tributary to the Colorado
River.
5. The points of diversion are a series of natural springs located on
the applicant's property situated in the SW1/4SW1/4, Section 4, Township 6
South, Range 92 West of the 6th P.M., described as follows:
(a) Schoop Spring No. 1: Situate at a point 996.78 feet east
feet north of' the southwest corner of Section 4, Township 6 South,
West of the 6th P.M.
(b) Schopp Spring No. 2: Situate at a point 765.37 feet east
feet north of the southwest corner of Section 4, Township 6 South,
West of the 6th P.M.
(c) Schopp Spring No. 3: Situate at a point 697.86 feet east
feet north of the southwest corner of Section 4, Township 6 South,
West of the 6th P.M.
and 665.65
Range 92
and 655.06
Range 92
and 640.13
Range 92
(V1)
Schopp 86CW23
Ruling of Referee
Page 2
Jl
(d Schopp Spring No. 4: Situate at a point 638.15 feet east and 617.72
feet north of the southwest corner of Section 4, Township 6 South, Range 92
West of the 6th P.M.
(e) Schopp Spring No. 5: Situate at a point 601.51 feet east and 601.99
feet north of the southwest corner of Section 4, Township 6 South, Range 92
West of the 6th P.M.
(f) Schopp Spring No. 6: Situate at a point 577.91 feet east and 606.95
feet north of the southwest corner of Section 4, Township 6 South, Range 92
West of the 6th P.M.
(g) Schopp SpringNo. 7: Situate at a point 564.79 feet east and 605.36
feet north of the soutwest corner of Section 4, Township 6 South, Range 92
West of the 6th P.M.
(h) Schopp Spring No. 8: Situate at a point 544.05 feet east and 600.95
feet north of the southwest corner of Section 4, Township 6 South, Range 92
West of the 6th P.M.
(i) Schopp Spring No. 9: Situate at a point 518.41 feet east and 597.63
feet north of the southwest corner of Section 4, Township 6 South, Range 92
West of the 6th P.M.
(j) Schopp Spring No.10: Situate at a point 503.48 feet east and 597.53
feet north of the southwest corner of Section 4, Township 6 South, Range 92
West of the 6th P.M.
(k) Schopp Spring No. 11: Situate at a point 448.46 feet east and 590.04
feet north of the southwest corner of Section 4, Township 6 South, Range 92
West of the 6th P.M.
(1) Schopp Spring No. 12: Situate at a point 411.01 feet east and 582.01
feet north of the southwest corner of Section 4, Township 6 South, Range 92
West of the 6th P.M.
(m) Schopp Spring No. 13: Situate at a point 408.37 east and 579.45 feet
north of the southwest corner of Section 4, Township 6 South, Range 92 West of
the 6th P.M.
6. On February 4, 1982, in Case No. 81CW189, the Water Referee for Water
Division No. 5 awarded to Schopp Spring No. 1 through Schopp Spring No. 13, a
conditional water right for a total of 0.45 cubic foot of water per second of
time, to be used for domestic and irrigation purposes, with appropriation date
of February 24, 1981. The claimant was directed to file an Application for
Quardrennial Finding of Reasonable Diligence in the development of these
conditional water rights -in February of 1986 to maintain said conditional water
rights in full force and effect. This Ruling of Referee was confirmed and made
a Decree of the Court on March 10, 1982.
(VI)
Schopp 86CW23
Ruling of Referee
Page 3
7./ On February 13, 1986, the claimant filed, in Water Court for Water
Division No. 5, an Application to Make Absolute a Conditional Water Right in
which it is requested that the 0.45 cubic foot of water per second of time
previously awarded conditionally to Schopp Spring No. 1 through Schopp Spring
No. 13 be made absolute and unconditional.
8. An on site inspection of the springs revealed that only Schopp Spring
No. 2 has been completed and the water put to beneficial use in the amount of
0.10 cubic foot of water per second of time for livestock water and
irrigation. The claimant has exercised reasonable diligence in the development
of the conditional water right.
9. The referee does therefore conclude that the above entitled
application should be granted in part and that 0.10 c.f.s. of the 0.45 c.f.s.
granted conditionally to Schopp Spring No.1 through Schopp Spring No.13 be made
absolute and unconditional by virtue of the work performed on Schopp Spring
No.2 and the application of 0.10 c.f.s. to beneficial use.
The Referee does further find that the claimant has exercised reasonable
diligence in the development of the conditional water right and the remaining -
0.35 c.f.s. should be and hereby is continued in full force and effect.
As to the 0.35 cubic foot of water per second of time remaining as a
conditional water right, an Application for Quadrennial Finding of Reasonable
Diligence shall be filed in February of 1990 and in February of every fourth
calendar year thereafter so long as the claimant desires to maintain the
conditional water right or until a detemination has been made that the
conditional water right has become an absolute water right by reason of the
completion of the appropriation.
Is 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:
/$ /MG •
C7py of the foregoin8 nleiled to alt
Ccuosel of record. Water.
�,=scree--=Div. Ertgineer--=and
Oiute Engineer. Cate
C -���:.=;;;c, l'�.'�er Div. No. 5
�t
7, rnQ.C/ No protest was filed in this matter. The foregoing ruling is confirmed
t� and approved, and is made the Judgment and Decree of this court.
a ,1/1
tDated: ZO 1(, /5 ff( .
�_�6 Cop: °I the foregoing m iled tO all
_...„6,Counsel of ecord-=—Water,
fieferee Div. Engineer --rand
Stat Engineer -Dae /- �/ ,� er JLdge
No yty C! e, Neter Olv. No
BY THE REFF`REE:
r Referee
ater Division No. 5
State of Colorado
DISTRICT COURT, WATER DIVISION N0. 5, COLORADO
Application No. 91CW097
RULING OF REFEREE
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF ERNST G. SHOPP AND
MARGARETE H. SCHOPP, IN THE COLORADO RIVER, OR ITS TRIBUTARIES, TRIBUTARY
INVOLVED: UNNAMED, IN GARFIELD COUNTY
The above entitled Application was filed on July 1, 1991, and amended on
July 15, 1991, and was referred to the undersigned as Water Referee for Water
Division No. 5, State of Colorado, by the Water Judge of said Court on the 6th
day of August, 1991, in accordance with Article 92 of Chapter 37, Colorado
Revised Statutes 1973, known as The Water Right Determination and
Administration Act of 1969.
And the undersigned Referee having made such investigationsas are
necessary to determine whether or not the statements in the amended
Application are true and having become fully advised with respect to the
subject matter of the amended Application does hereby make the following
determination and Ruling as the Referee in this matter, to wit:
1. The statements in the amended Application are true, except as noted
herein.
2. The names of the structures involved are: Schopp Spring No. 1, and
Schopp Spring Nos. 3-13.
3. The names of the Claimants and address: Ernst G. Schopp and
Margarete H. Schopp; P. 0. Box 367; Rifle, CO 81650.
4. The source of the water for all structures is from natural springs,
tributary to the Colorado River.
5. The legal description of each point of diversion: The points of
diversion are a series of natural springs located on the applicants' property
situated in the SW1/4SW1/4, Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.,
described as follows:
Schopp Spring No. 1 - Situate at a point 996.78 feet East and
665.65 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 3 - Situate at a point 697.86 feet East and
640.13 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 4 - Situate at a point 638.15 feet East and
617.72 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
(V-1 f1)
Schopp 91CW097
Ruling of Referee
Page 2
i
Schopp Spring No. 5 - Situate at a point 601.51 feet East and
601.99 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 6 - Situate at a point 577.91 feet East and
606.95 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 7 - Situate at a point 564.79 feet East and
605.36 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 8 - Situate at a point 544.05 feet East and
600.95 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 9 - Situate at a point 518.41 feet East and
597.63 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 10 - Situate at a point 503.48 feet East and
597.53 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 11 - Situate at a point 448.46 feet East and
590.04 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 12 - Situate at a point 411.01 feet East and
582.01 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
Schopp Spring No. 13 - Situate at a point 408.37 feet East and
579.45 feet North of the SW Corner of Sec. 4, T. 6 S., R. 92 W. of the 6th P.M.
6. The use of the water for each spring is livestock watering,
irrigation of 22.63 acres collectively, and domestic and household uses for a
single family residence.
7. The claimed date of initiation of appropriation is February 24, 1981;
however, said water rights were abandoned by the Court on September 27, 1990.
Therefore the Applicants cannot support an appropriation date prior to
September 28, 1990.
8. The amount of water claimed is 0.20 cubic foot of water per second of
time, conditional from Schopp Spring No. 3 and 0.03 c.f.s. conditional for
each of Schopp Spring Nos. 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13.
The Referee does therefore conclude that the above entitled Application
should be granted and that said amounts of water per second of time as shown
in paragraph 8 above, all with appropriation dates of November 28, 1990 are
hereby awarded conditionally to Schopp Springs Number 1, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, and 13 for livestock watering, the irrigation of 22.63 acres
collectively and domestic and household uses in one single family dwelling,
provided always that said amounts of water per second of time 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 ana anon .y t e livision ngineer o
such priorities and changes of rights in accordance with law.
(V-1991)
Schopp 91CW097
Ruling of Referee
Page 3
Application for a Finding of Reasonable Diligence shall be filed in the
same month as the decree herein is entered every six years after the entry of
the decree herein so long as applicant desires to maintain the conditional
water rights herein awarded, or until a determination has been made that such
conditional rights are made absolute by reason of the completion of the
appropriation, or are otherwise disposed of.
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
tC
,.2- z„/- 9/
BY THE f FEREE:
Watereferee
Water Division No. 5
State of Colorado
No protest was filed in this matter. The foregoing Ruling is confirmed
and approved, and is made the Judgment and Decree of this court AND THE MONTH
FOR FILING AN APPLICATION FOR A FINDING OF REASONABLE DILIGENCE SHALL
BE DECEMBER 1997
Dated
PARCEL B
A parcel of land in the WI/2W1/2 Section 4. Township 6 South. Range
92 West of the 6th P.M. in Garfield County. Colorado. and being
more particularly described as follows:
Beginning at a point on the centerline of the Lower Cactus Valley
Ditch. from which the Witness Corner. a pipe with a brass cap
marked County Surveyor. Garfield County. set for the corner common
to Sections 4. 5. 8 and 9. of said Township and Range. bears South
a distance of 575.68 feet: thence North 00°43'51 West and along an
existing fenceline a distance of 238.77 feet to a fence corner:
thence North 54°30'18"East and along an existing_fenceline a
distance of 407.30 feet: thence North 47°39.2 -8 -East and contining
along said fenceline a distance of 70.25 feet: thence North
69°05'00 -East and continuin along said fenceline a distance of
129.24 feet: thence South 74°30'56"East and continuing along said
fenceline a distance of 228.43 feet: thence North 3231'48"East and
continuing along said fenceline a distance of 285.73 feet: thence
North 78°35'0-8"East and continuing along said fenceline a distance
of 97.52 feet: thence North 80°16'18 East a distance of 321.02 feet
to a point on the westerly line of County Road No. 229. said point
being marked by a 5/8" rebar with a cap stamped L.S. 14060: thence
South 00°14'00"East and along said westerlyline. a distance of
706.15 feet to a point in the centerline of- the Lower Cactus Valley
Ditch: thence North 51°50.00 -West and along said centerline of
ditch. a distance of 152.80 feet: thence North 65°32'37 -West and
continuing along said centerline of ditch a distance of 51.09 feet:
thence North 75°1300"West and continuing along said centerline of
ditch a distance of 239.92 feet: thence South 69°06'57 -West and
continuing along said centerline of ditch a distance of 189.35
feet: thence South 77°35'23 -West and continuing along said
centerline of ditch a distance of 69.61 feet: thence South
85°06'13 -West and continuing along said centerline of ditch a
distance of 211.70 feet: thence South 67°24'38"West and continuing
along said centerline of ditch a distance of 105.57 feet: thence
North 87°08.56 -West and continuing along said centerline of ditch
a distance of 82.87 feet: thence South 67°39'52"West and continuing
along said centerline of ditch a distance of 90.97 feet: thence
South 54°39'47 -West and continuing along said centerline of ditch
a distance of 209.69 feet to the .Point of Beginning.
Containing 11.590 acres more or less..
1
Contract # 9 51016EMS (a )
Map ID # 199
Date Activated 0/29/95
WEST DIVIDE WATER CONSERVANCY DISTRICT
Water Allotment Contract
Name of Applicant: Ernst G. and Maraarete H. Schopp
Quantity of water in acre feet o n e
Applicant, hereby applies to the West Divide Water
Conservancy District, a political subdivision of the State of
Colorado, organized pursuant to and existing by virtue of C.R.S.
1973, 37-45-101, et sea., (hereinafter referred to as the
"District") for an allotment contract to beneficially and
perpetually use water or water rights owned, leased, or hereafter
acquired by the District. By execution of this application, and
subsequent delivery and use of water, Applicant hereby agrees to
the following terms and conditions:
1. Water Riahts: Applicant shall own water rights at
the point of diversion herein lawfully entitling Applicant to
divert water, which will be supplemented by water leased herein.
If Applicant intends to divert through a well, it must be
understood by Applicant that no right to divert exists until a
valid well permit is obtained from the State Engineer.
2. Quantity: Water applied for by the Applicant in
the amount set forth above shall be diverted at Applicant's point
of diversion from the District's direct flow water rights, and
when water is unavailable for diversion pursuant to administration
by the Colorado State Engineer during periods when said direct
flow water right is not in priority, the District shall release
for the use of Applicant up to said quantity in acre-feet per year
of storage water owned or controlled by the District. It is
understood that any quantity allotted from direct flow, storage or
otherwise, to the Applicant by the District will be limited by the
priority of the District's decrees and by the physical and legal
availability of water from District's sources. Any quantity
allotted will only be provided so long as water is available and
the Applicant fully complies with all of the terms and conditions
of this contract. The District and the Applicant recognize that
some of the District's decrees may be in the name of the Colorado
River Water Conservation District, and the ability of the District
to allot direct flow rights to the Applicant may be dependent on
the consent of the Colorado River Water Conservation District. If
at any time the Applicant determines it requires less water than
the amount herein provided, it may so notify the District in
writing, and the amount of water allotted under this contract
shall be reduced permanently in accordance with such notice.
Rates shall be adjusted accordingly in following water years only.
3. Beneficial Use and Location of Beneficial Use: Any
and all water allotted Applicant by the District snall be used for
the following beneficial use or uses: Municipal, domestic and
related uses, or irrigation and commercial (except to the extent
that Ruedi water may not be available for irrigation and
commercial as those terms are defined on page 5 of Contract No.
2-07-70-W0547 between the United States and the West Divide Water
Conservancy District). Applicant's beneficial use of any and all
water allotted shall be within or through facilities or upon land
owned, leased, operated, or under Applicant's control..
4. Decrees and Delivery: Exchange releases made by
the District out of storage from Ruedi Reservoir, or other works
or facilities of the District, or from other sources available to
the District, shall be delivered to the Applicant at the outlet
works of said storage facilities or at the decreed point of
-1-
diversion for said other sources, and release or delivery of water
at such outlets or points shall constitute performance of the
District's total obligation. Delivery of water by the District
from Ruedi Reservoir shall be subject to the District's lease
contract with the United States Bureau of Reclamation. Releases
from other facilities available to District shall be subject to
the contracts, laws, rules, and regulations governing releases
therefrom. Furthermore, the District hereby expressly reserves
the right to store water and to make exchange releases from
structures that may be built or controlled by the District in the
future, so long as the water service to the Applicant pursuant to
this agreement, is not impaired by said action. Any quantity of
the Applicant's allocation not delivered to or used by Applicant
by the end of each water year (October 1), shall revert to the
water supplies of the District. Such reversion shall not entitle
Applicant to any refund of payment made for such water.
Water service provided by the District shall be limited
to the amount of water available in priority at the original point
of diversion of the District's applicable water right, and neither
the District, nor those entitled to utilize the. District's
decrees, may call on any greater amount at new or alternate points
of diversion. The District shall request the Colorado State
Engineer to estimate any conveyance losses between the original
point and any alternate point, and such estimate shall be deducted
from this amount in each case. The District, or anyone using the
District's decrees, may call on any additional sources of supply
that may be available at an alternate point of diversion, (though
not at the original point of diversion) only as against water
rights which are junior to the date of application for the
alternate point of diversion.
5. Alternate Point of Diversion and Plan of
Aucmentation: Decrees for alternate points of diversion of the
District's water rights or storage water may be required in order
for Applicant to use the water service contemplated hereunder.
Obtaining such decree is the exclusive responsibility of
Applicant. The District reserves the exclusive right to review
and approve any conditions which may be attached to judicial
approval of said alternate point of diversion as contemplated or
necessary to serve Applicant's facilities or lands. Applicant
acknowledges and agrees that it shall be solely responsible for
the procedures and legal and engineering costs necessary for any
changes in water rights contemplated herein, and further agrees to
indemnify the District from any costs or losses related thereto.
Applicant is solely responsible for providing works and facilities
necessary to obtain/divert the waters at said alternate point of
diversion and deliver them to Applicant's intended beneficial use.
Irrespective of the amount of water actually transferred to the
Applicant's point of diversion, the Applicant shall make annual
payments to the District based upon the amount of water allotted
under this agreement.
In the event the Applicant intends to apply for an
alternate point of diversion and to develop an augmentation plan
and institute legal proceedings for the approval of such
augmentation plan to allow the Applicant to utilize the water
allotted to Applicant hereunder, the Applicant shall give the
District written notice of such intent. In the event the
Applicant develops and adjudicates its own augmentation plan to
utilize the water allotted hereunder, Applicant shall not be
obligated to pay any amount under paragraph 18 below. In any
event, the District shall have the right to approve or disapprove
the Applicant's augmentation plan and the Applicant shall provide
the District copies of such plan and of all pleadings and other
papers filed with the water court in the adjudication thereof.
6. Contract Payment: Non-refundable, one time
administrative charge,in the amount determined by the Board of
Directors of the District from time to time, shall be submitted
with this application for consideration by the District.
-2-
Annual payment for the water service described herein
shall be determined by the Board of Directors of the District at a
per acre-foot rate. The initial annual payment shall be made, in
full, within thirty (30) days after the date of notice to the
11 Applicant that the initial payment is due. Said notice will
advise the Applicant, among other things, of the water delivery
year to which the initial payment shall apply and the price which
is applicable to that year. Annual payments for each year
thereafter shall be due and payable by the Applicant on or before
each January 1. If an annual payment is not made by the due date,
written notice thereof will be sent by the District to the
Applicant at such address as may be designated by the Applicant in
writing. (If no address has been so designated in writing, then
said notice shall be sent to Applicant's address set forth herein.
Water use for any part of a water year shall require payment for
the entire water year. Nothing herein shall be construed so as to
prevent the District from adjusting the annual rate in its sole
discretion for future years only.
If payment is not made within ten (10) days after the
date of said written notice, Applicant shall at District's sole
option have no further right, title or interest under this
contract without further notice and delivery may be immediately
curtailed; and the allotment of water, as herein made, may be
transferred, leased, or otherwise disposed of at the discretion of
the Board of Directors of the District.
7. Security: As security to the District, the
foregoing covenant o-? annual payments in advance of water
delivery, will be fully met by annual budget and appropriation of
funds from such sources of revenues as may be legally available to
the Applicant. As additional security to the District, the
Applicant will hold harmless the District and any person,
corporation, quasi -governmental entity, or other governmental
entity, for discontinuance in service due to the failure of the
Applicant to maintain the payments herein contemplated on a
current basis.
Applicant agrees to defray any out-of-pocket expenses
incurred by the District in connection with the allotment of water
rights hereunder, including, but not limited to, reimbursement of
legal and engineering costs incurred in connection with any water
rights and adjudication necessary to allow Applicant's use of such
allotted water rights.
8 Assignment: This agreement shall inure to the
benefit of the heirs, successors or assigns of the parties hereto,
except that no assignment shall be permitted in the event the
water right allotted hereunder is to be used for the benefit of
land which will be subdivided or otherwise held or owned in
separate ownership interests by two (2) or more users of the water
right allotted hereunder. In no event shall the owner of a
portion, but less than all, of the Applicant's property to be
served under this contract, have any rights hereunder. Any
assignment of the Applicant's rights under this contract shall be
subject to, and must comply with, such requirements as the
District may hereafter adopt regarding assignment of contract
rights and the assumption of contract obligations by assignees and
successors. Nothing herein shall prevent successors to a portion
of •Applicant's property from applying to the District for
individual and separate allotment contracts.
9. Other Rules: Applicant shall be bound by the
provisions of the Water Conservancy Act of Colorado; by the rules
and regulations of the Board of Directors of the District; and all
amendments thereof and supplements thereto and by all other
applicable law.
10. Operation and Maintenance Agreement: Applicant
shall enter into an "Operation and Maintenance Agreement" with the
District under terms and conditions determined by the Board of
Directors of the District, if and when, the Board of said District
-3-
determines in its sole discretion that such an agreement is
required. Said agreement may contain, but shall not be limited
to, provisions for additional annual monetary consideration for
extension of District delivery services and for additional
l� administration, operation, and maintenance costs; or for other
costs to the District which may arise through services made
available to the Applicant.
11. Chance of Use: The District reserves the exclusive
right to review, reapprove or disapprove any proposed change in
use of the water allotted hereunder. Any use other than that set
forth herein or any lease or sale of the water or water rights
allotted hereunder without the prior written approval of the
District shall be deemed to be a material breach of this contract.
12. Use and Place of Use: Applicant agrees to use the
water in the manner and on the property described in the documents
submitted to the District at the time this agreement is executed
(said documents are incorporated herein by this reference
thereto), or in any operation and maintenance agreement provided
by Applicant. Any use other than as set forth thereon or any
lease or sale of the water or water rights:herein, other than as
permitted in paragraph 8 above, shall be deemed to be a material
breach of this agreement.
13. Title: It is understood and agreed that nothing
herein shall be interpreted to give the Applicant any equitable or
legal fee title interest in or to any water or water rights
referred to herein.
14. Conservation: Applicant shall use commonly
accepted conservation practices with respect to the water and
water rights herein, and hereby agrees to be bound by any
conservation plan adopted hereafter by the District for use of
District owned or controlled water or water rights.
15. Restrictions: Applicant shall restrict uses as
follows (unless specific waivers are appended to this agreement).
Violation of these restrictions shall be deemed to be a material
breach of this agreement.
Use Annual Maximum Diversion
Household
Domestic (includes lawn)
Livestock (cattle)
Irrigation
1/3 acre foot
1 - 3 acre feet
1 acre foot/100 head
2 - 3 acre Eeet/acre
16. Well Permit: If Applicant intends to divert
through a well, then Applicant must provide to District a copy of
Applicant's valid well permit before District is obligated to
deliver any water hereunder.
17. Representations: By executing this agreement,
Applicant agrees that he is not relying on any legal or
engineering advice that he may believe he has received from the
District. Applicant further acknowledges that he has obtained all
necessary legal and engineering advice from his own sources other
than the District. Applicant further acknowledges that the
District makes no guarantees, warranties, or assurances whatsoever
about the quantity or quality of water available pursuant to this
agreement. Should the District be unable to provide the water
contracted for herein, no damages may be assessed against the
District, nor may Applicant obtain a refund from the District.
18. Costs of Water Court Filing: Should the District,
in its own discretion, choose to include Applicant's contract
herein in a water court filing for alternate point of diversion
or plan of augmentation, then Applicant hereby agrees to pay to
the District, when assessed, an additional Eee representing the
District's actual and reasonable costs and fees Eor Applicant's
share of the proceeding.
-4-
19. Binding Agreement: This Agreement shall not be
complete nor binding upon the District unless attached hereto is
the form entitled "Application for Purchase of Waters from the
West Divide Water Conservancy District" fully completed by
Applicant and approved by the District's engineer. Said
attachments shall by this reference thereto be incorporated into
the terms of this agreement.
20. Warnino: IT IS THE SOLE RESPONSIBILITY OF THE
APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN
ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS
CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN
THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING
FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING
STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE
WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE.
APPL CANT:
/1 ,/(-G if -,
Ernst G. Schopp Margarete H. Scnopp//
APPLICANT ADDRESS:
APPLICANT:,'
0335 Ukele Lane
Silt, CO 81652
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me on
this ;
t, 1,
day of Co'- , 191t, by Ernst G. Sch000 and Margarete H.
Schopp.
Witness my hand and official seal.
My commission expires: \ 4- c1 _C`
NotJy -Public
ORDER
After a hearing by the Board of Directors of the West
Divide Water Conservancy District on the above application, it is
hereby ORDERED that said application be granted and this contract
shall be and is accepted by the District.
Secretary
WEST DIVIDE WATER
CONSERVANCY DISTRICT
By
President
2^)/; s
J
Date
This contract includes and is subject to the terms and
conditions of the following documents which must accompany this
contract:
1. Map showing location of point of diversion (use map
provided)
2. Application and Data Form fully completed and
signed
3. Other
-5-