HomeMy WebLinkAbout2.0 BOCC Staff Report 02.26.1996BOCC 2/26/96
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST; An exemption from the definition of
subdivision.
APPLICANT; Joan Savage
LOCATION: A tract of land located in a portion of Section
25, T6S, R94W of the 6th P.M.; located
approximately 2.5 miles southwest of Rifle,
along County Road 334A (Samon Lane).
SITE DATA: 440 Acres
WATER: Well; springs
SEWER: Individual sewage disposal systems
ACCESS: Direct access to CR 334A; easements
EXISTING ZONING: A/R/RD
ADJACENT ZONING:, A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located within District C - Rural Areas/Minor Environmental
Constraints and District F - Rural Areas/Severe Environmental Constraints as designated by
the Garfield County Comprehensive Plan's Management Districts Map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: This 440 acre property is located approximately 2.5 miles southwest
of Rifle, on the southern portion of Taughenbaugh Mesa. Slope across the tract
varies from slight to steep; however, average slope for the majority of the tract has
been calculated to be approximately 11%. An existing house and agricultural
buildings are located on the northeastern portion of the property as well as an
irrigation ditch,pd a portion of Beaver Creek flows south of the house. See sketch
map, page`
B. Adjacent Land Uses: The vicinity is predominantly agricultural; however, a number
of smaller, presumably residential lots exist near the subject property. See vicinity
maps, pages 40' .
C. Proposal: The applicant proposes to divide, by exemption, the 440 acre tract into two
(2) parcels of 10 and 430 acres. The 10 acre parcel would consist of the existing
home and presumably the other improvements and the larger parcel would apparently
remain in agriculture.
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations: Section 8:52 of the Garfield County Subdivision
Regulations states that "No more than a total of four (4) lots, parcels, interests or
dwelling units will be created from any parcel, as that parcel was described in the
records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and
is not a part of a recorded subdivision; however, any parcel to be divided by
exemption that is split by a public right-of-way (State or Federal highway, County
road or railroad) or natural feature, preventing joint use of the proposed tracts, and
the division occurs along the public right-of-way or natural feature, such parcels
thereby created may, in the discretion of the Board, not be considered to have been
created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit
limitation otherwise applicable;"
Deeds submitted with the application indicate the tract existing in an undivided state
as late as August, 1969. See deeds, pages 1+1:1 . The deeds describe a
significant portion of land in and around Section 25, T6S, R94W; however, a check
of Assessor's records for the tract in question did not reveal the creation of any other
lots from said tract. If this analysis is accurate, then it appears this request complies
with Section 8:52 (A) of the Subdivision Regulations.
B. Zoning: The subject tract is located within the A/R/RD zone district which mandates
a minimum lot size of two (2) acres. All proposed lots are in excess of this minimum
lot size requirement.
C. Water: The applicant proposes to supply the 10 acre parcel with an existing,
permitted, domestic well, Permit No. 80072, known as the Savage Beaver Creek Well
#3. It appears this well is the subject of a water rights decree for 0.033 cfs, which
translates into a pum ing rate of approximately 15 gpm. See water permit and other
information, pages . Z . The remainder of the property is proposed to be
served by four (4) existing springs, each decreed for varying amounts of domestic
water. It appears these springs are located in Section 26, west of the property in
question. What is not clear is how this water will serve the remainder of the property
(430 acres) located in Section 25. See springs information, pages 13 -AO . If
these springs are to be the legal and physical water supply for the larger parcel, at a
minimum, the applicant will be required to provide an appropriate amount of spring
water for imgation, livestock watering and domestic uses, from at least one (1) of the
existing springs, show all easements for the water supply and, if necessary, designate
an appropriate amount of water storage. It appears the applicant's decreed water
rights for the four (4) individual springs is approximately 56.25 gpm (90.7 acre-feet
per year), which is certainly a sufficient amount of water to serve the parcel; however,
it is necessary to convey at least a portion of this water to the larger parcel.
D. Sewer/Soils: It appears the existing ranch house is currently served with an individual
sewage disposal system and staff assumes the system is adequate to serve the existing
needs. If later developed, the larger parcel is proposed to be served by ISDS and,
according to the Soil Conservation Service, there are a number of different soil types.
When used for building site development or the placement of ISD systems, all soil
types are considered to have moderate to severe constraints. Staff recommends the
inclusion of a plat note to address these limitations.
E. Access: Access to the proposed parcels appears be the historic access of County
Road 334A (Samon Lane). According to the sketch map, CR 334A ends at the
northeastern property line of the applicant's property. From this point, a private road
provides internal access to the existing house and the balance of the property. If this
is intended to remain the primary access, staff recommends an easement be recorded
in the Clerk and Recorder's Office prior to the authorization of an exemption plat.
F. Fire Protection: Both the applicant's letter to the Rifle Fire Protection District
addressing fire protection measures and the District's response have been included
• •
with the application. It appears the District essentially approves of the project and
stipulates that, if future improvements occur, the will need to be reviewed [by the
District] at that time. See letter, pages
G. Easements: Any required easements for drainage, utilities, access, irrigation ditches,
water supply, etc., will be required to be shown on the exemption plat.
H. School Impact Fees: The applicant will be required to pay school impact fees of
$200, for each lot created by this exemption.
Potential Road Impact Fees: Upon adoption of a road impact fee, the lots created by
this exemption will be subject to paying that fee; paid at time of building permit
application, paid by the building permit applicant. This provision shall be included as
a plat note.
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
That for the above stated and other reasons, the proposed exemption is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
V. RECOMMENDATION
Staff recommends APPROVAL of the application, pursuant to the following conditions:
1 That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, access to a public right-of-way,
and any proposed easements for setbacks, drainage, irrigation, access or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners for
signature, from the date of approval of the exemption. The Board may grant
extensions of up to one (1) year from the original date of approval.
4. That the applicant shall submit $200.00, per lot, in School Impact Fees for the
creation of all exemption parcels.
5. That the following plat notes be included:
"The minimum defensible space distance shall be 30 feet on level terrain, plus
appropriate modification to recognize the increased rate of fire spread at sloped sites.
The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety
Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to
determine defensible space requirements for the required defensible space within
building envelopes in areas exceeding five (5) percent grade."
NEW
"Upon adoption of road impact fees by the Board of County Commissioners, the lot,
created by this exemption shall be subject to paying the fees, paid at time of building
permit application, paid by the building permit applicant."
"Soil conditions on the site may require engineered septic systems and building
6.4
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•
foundations. Site specific percolation tests at the time of building permit submittal
shall determine specific ISDS needs on the site."
6. The control of noxious weeds shall be the responsibility of the landowner.
\\Y{ That the applicant provide a legal and adequate physical supply of spring water to the
430 acre parcel created by this approval. Staff recommends a minimum of one (1)
acre-foot of water be provided for domestic purposes.
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• BOOK 682 PAGE4
liticortiod / o'cicck 2_1986
flocoptIon No. 3692S5 MILDRED ALSDORF, RECORDER
GARFIELD COUNTY, COLORADO GARFIELD
, A
JAN 22 NH
DEED OF PERSONAL REPRESENTATIVE State Doc i Fat
THIS DEED made by Joan L. Savacje as Personal Representative
of the Estate of John W. Savage, Deceas&i, Grantor, granting to
Joan L. Savacje, 5953 - 320 Road, Rifle, CO 81650, Grantee.
WHEREAS, Grantor is the qualified Personal Representative
of said Estate, Probate No. 84PR36, Garfield County, Colorado;
and
WHEREAS, Grantee is entitled to the hereinafter described.
real property.
THEREFORE, Grantor conveys, assigns, transfers and releases
Lo the Grantee alI o1 the Estate's interest in the following
real property in Garfield County, Colorado:
More particularly described on Exhibit A attached
hereto and by reference incorporated herein.
No documentary fee: consideration less than $500
with all appurtenances.
Executed December -30, 1985.
J(an L. Savage, Personal Represent-
ative of the Estate of John W. -
Savage, Deceased
48 •
SAVAGE BEAVER
CREEK EXEMPTION
EXHIBIT C
APPLICANT 'S DEED
(
(3
StaLe of Colorado
ss.
County of Garfield )
BOOK 682 PAGE492
The foregoing instrument was acknowledged before me oh*.
December 30, 1985, by Joan L. Savage, Personal Representative
of the EsLaLe of John H. Savage, peceased.
My commission expires: 12/21/88
Witness my hand and official seal— _
,(20/vi
NOtary Public
aso
Ij.
• • . ,
. •
31 ).
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11 F,Ube
/fI/y 10.The date or the application was January 26, 1976.
It is the ruling of the Referee that the statements in the.
1/41763lt application are true and that the above described water right is
1. y
approved.
I 1
• The above described underground water right meets the
criteria for an.exempt domestic well pursuant to C.R.S. 1973,
37-92-602(1)(b) and 37-92-602(3M11111_, so long; as 1`,- is used •
for the purposes set forth herein.
IN '1'1ll'. DIS'I'11IC'l' COURT IN . AND
WA'11ii DIVISION N0. 5
STATE Of COLORADO
CASE NO. 1.1- 2900
IN THE MATTER OP THE
-FOR WATER RIGHTS OIC
JOHN W. SAV:10L
IN THE COLORADO
OR IT,3 TR I13UTA 31 i:1
TRIBUTARIES INVOLVED;
BEAVER CREEK
1N GARI'IELD
API'LICA'i'ION )
)
RIVER )
)
COUNTY )
FILE=
L I-) 6b
I
IN WA'f'ER i:OJJ:1T •
Division No. i;
P011
Sy'cfk
OF G on,),DO
I'M rcr/ CL CII::
•
RULING
t1Y Lt/•U TV
OP TIIE REFEREE
AUS :LUTE. DECREE POR
-UNDERGROUND-1:1A-TER RIGHTS
And the Referee having made the investigation; reouir•ed by
Article 92 of Chapter 37, C.R.S. 1973, does hereby make the
following ruling, to -wit:
'1'h16 applic:utlon was referred to the Water Referee of
(dater Division Ilo. 5 on the 9th day of February. , 1976_
1. Name of Aunl lc,urt
Address
John W. Sava ;e
1122 293 Road; Rifle, Colorado
2. The name or the structure is Savage I1eaver Creel, Well No. 3.
3• The Legal description or the structure is: The well is
locted in the S!?-tiNEI;; of Section 25, T. 6 S., R. 94 1'i. of the
6ch P.M. at a point -1780 feat South of the North line,and
2030 feet West of the East line of said Section 25.
ll. The depth o1' the well is 123 feet.
5. The date of the initiation of the appropriation is May 23, 1975.
6. The amount o!• water claimed is 0,033 cubic foot per
second of time.
7. The use of the water is doinescic and livestock water,
8. The State Engineer's number is 80072.
9. The priority date is May 27, 1975.
15 is accordingly ORDERED that.
effective. 'upon f1i:1.ug with the Water
review as-' provided by law.
this ruling shall become
Clerk, subject 'to Judicial
Done at the City of Glenwood Springs, Colorado, this
. j4_ day ot._f�f y/ ---- 197
:r.c! ' 'L4
�
t1 ''R'eferee
ka er Divi ion (:o. 5
State of Colorado
Ne protest was filed to th.s ,;tartar.
nu) forei:oinu rul Ln,'
and approved, end. Is "^I he -
Judgurent and Decree of Chi'oourt.
Datadr
F.
•
Wet , Jt'
SAVAGE BEAVER
CREEK EXEMPTION
EXHIBIT G-1
WR;1-5-74
-Application must
be complete wher&-
applicable. Type or
print in -BLACK
INK. No overstrikes
or erasures unless
initialed.
CC RADO DIVISION OF WATER RESOD) ;ES
101 Columbine Bldg. 1845 Sherman St., Deriver, Colorado 80?� 1,
hh{{��j�IYIE�l
U
PERMIT APPLICATION FORM
A PERMIT TO USE GROUND WATER
Xl A PERMIT TO CONSTRUCT A WELL
1 A PERMIT TO INSTALL A PUMP
(
(
FOR:
(1) APPLICANT • Initilinu ztcldress
NAME -
( ) REPLACEMENT FOR NO
( ) OTHER
1 5 177F. .
WAT'H+ L 011llCfl
!-Tp.E Ennicer'
ptN n
RECEIVED
M'Y2g175
ivArER REso
srATE eacEa
cato.&
STREET J 2 7 2 , (211:1)
CITY �'- l C7 -
(slat.) (Zip)
4,Z -167.
TELEPHONE NO.
(2) LOCATION OF PROPOSED WELL
County OA R F 1 F l D
,5 w
' of the N.�
/ '/ L IISection
Twp. '� S Rrig. �Ll
(3) WATER USE AND WELL DATA
.Proposed rnaxinluln pumping rate (gprn) /, J
Average annual amount of ground water
lto be appropriated (acre-feet): —.__ _ 4F1,ru
Number of acres to be irrigated: — -_
Proposed total depth
Aquifer ground water is to be obtained from:
Owner's well designation 1�1 .L.;
GROUND WATER TO BE USED FOR: 41 j
( ) HOUSEHOLD USE ONLY no - -
(YYOOMESTIC (1)
(1 -)-LIVESTOCK (2)
( ) COMMERCIAL (4)
( 1 OTHER (9) __--_
(4) DRILLER
Name
Phi
( 1 INDUSTRIAL (5)
( ) IRRIGATION (6)
( ) MUNICIPAL_ (8)
Street t� lLJ .. — /c[
City_C 1.keN1U4U0_ f 5,.._�O 4) CJi .(3/
(,t.,i•:)_
Telephone No.9/./5-•_5--/.6%_,c No t /7
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUM
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 a civil court action.
APPROVED PURSUANT TO CRS 1973, 37-92-602
(3) (b)(II) AS THE ONLY WELL ON A TRACT
OF 35 ACRES OR MORE DESIGNATED AS 00 •
ACRES IN SIA) %/Y.; NE XIS SEC. 25,
) P /Yi •
•
TO.ASSURE THAT .THE RETURN FLOW IS TO BE.
RETURNED TO THE SAME STREAM SYSTEM, AN
INDIVIDUAL WASTE -WATER DISPOSAL SYSTEM,
WHEN USED, MUST BE OF THE NON -EVAPORATIVE
TYPE.
APPLICATION APPROVED
PERMIT NUMBER 80072
-SAVAGE BEAVER
CREEK EXEMP'1'I01,
EXHIBIT G-2
DATE ISSUED J0F2-5-975`..••-
EXPIRATI
BY
I/ "ue.
f).
TE JUL25197
/ yLGLC.�
IJ�UTY(STATE ENGIfliEE c
VI-
-
h 0. r )'t '� J
(:f)1INTY
• •
--•(5) THE LOCATION OF THE PI OSE WELL and the Lien un
which the water will be used must (Jo indicated on the diagram below.
Use the CENTER SECTION (1 st:ctiorl, (140 acres) for the well location.
- -} — -1- - -1 -- -I- - } ( - -- -
f
—
NOHTI-I
!{— 1 MILE, 5280 FEET — —
WEST SECTION
NORTH SECTION LINE
(
--- f —
—� -k --
SOUTH SECTION LINE
rn
- f
- 1 -
The scale of the diagram is 2 inches - 1 mile
Each small square represents 40 acres.
WA1ER EQUIVALENTS TABLE (Hounded Figures)
An acre•foot covers 1 acre of land 1 toot deep
1 cubic foot per second (cls) ... 449 palluns per minute (gpru)
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre-foot .. - 43,560 cubic leer ... 325,500 gallons.
1,000 gpm pumped continuously' for one day produces 4.42 acre-feet.
(6) THE ELL MUST BE LOCATED -3ELO1[
by distances from section
hncs.
/Z ft. from .1` / �/ sec. line
(north or south)
3L2 ft from, 4-1-5 T sec. line
(east or west)
LOT , BLOCK FILING u
SUBDIVISION
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner: ,%kN w S9(/,967
No. of acres 40
Will this be
the only well on this tract? /5 % ��f/ j 7,p7e
(8) PROPOSED CASING PROGRAM
Plain Casing
8 in. from O ft. to 1/ 0 ft
in. from ft to ft
Perforated casing
in from ! / v ft
in. frorn ft to ft
(10) LAND ON /WHICH GROUND WATER WILL BE USED: h
Owner(s): `�o,s W
(9) FOR REPLACEMENT WELLSgivedistance
and direction from old well and plans for plugging
it:
C No. of acres- 41k01 nil
Legal description: c7 1 / .4 A /F. 5''f /,22 6 s- �"
(11) ETAILED DESCRIPTION of the use of ground water: i-I-oueehhul-fid use and domestics wells must iinndi^cote type or disposal syster
robe used.
. •
� - f/.� DC�/>� C' S �': �'� iAU(Y1.7r2zvrel___Z.ryzzizV
((/I 7`e,er-c(6; -,7/71/ 22-77-
•
(12) QI11ER WATER _FIGHTS used on this land, including wells
Type or right
Used for (purpose) Description of land on which used
(13) THE APPLICANT(S) ST•TE(S) TIIAT THE INFORMATION SET FORTH HEREON IS
TR TO THE BEST HIS KNOWLEDGE.
/l)
SIGNATURE OF APPLICANT(S)
Use additional sheets of paper if more space is required.
• 1
IN TIIE 01STIt1CC COURT IN :`.ND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
APPLICATION NO. I1_ 208/
IN TUE MATTER OP TIIE APPLICATION )
FOR WATER RIGHTS OI' )
JOHN W. SAVAGE )
IN TIIE COLORADO RIVER )
OR ITS TRIBUTARIES. )
TRIBUTARY INVOLVED _ )
IN GARFIELD COUNTY )
F 1 L_ E 0
IN WATER Ct)UR'I'
Diviuiem Nu. :i
I E: B I .H974
9,TE Oh2 LORADO
waTEA CLERK
E,, e. � r'.
RULING OF TIIE REFEREE
ABSOLUTE WATER RICHT
And the Referee having made the investigations required
by Article 21 of Chapter 148, C.R.S, 1963, as amended does
hereby make the following ruling, to wit:
This application was referred to the Water Referee of
Water Division No. 5 on the 30th day of November 1973
1. Name of Applicant
John W. Savage
Address Rt. 1, Box 107; Rifle, Colorado
2, The name oE the structure is Haynes Spring No. 1.
3. The legal description of the. structure is: The spring is
located in the SE&NE2 of Section 26, T. 6 S., R.'94 W. of
the 6th P.M. at a point whence the East Quarter Corner of
said Section 26 bears: S. 75°25' E. 1025 feet.
4, Means of. diversion: The water is diverted at the spring
into a.2 inch diameter pipe 2500 feet Long.
5. The date of initiation of appropriation is 1884.
6. The amount of water claimed is 0.08 cubic foot per
second of time.
7. The use of the water is Livestock water, domestic and
irrigation.
8. The Priority date is December 31, 1884.
9, The date of the application was November 1, 1973.
It is the ruling of the Referee that the statements in
the application are true and that the above described water
right is approved and granted the indicated priority; subject.;
however, to all earlier priorities of others.
It is accordingly ordered that this ruling shall become.
effective upon filing with the Water Clerk, subject to Judicial
review as provided by law.
Done at the City of Glenwood Springs., Colorado, this /¢
day of _ J 1974L,
No protest was filed la this matter.
The foregoing ruling 1:; emit' rmed
and approved, and is made the
Judgment and Decl'ee of this court.
Date ; -V3y /q7V
ler Referee
Water Division No. 5'
tate of Colorado
SAVAGE BEAVER j
CREEK EXEMPTION
A _ EXHIBIT G-3
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IN 'TATE DISTRICT COURT IN ..N8 FOR
WATER DIVISION NO. 5
STATE OP COLORADO
APPLICA•TION No. IJ_ 2088
IN THE MATTER OF THE APPLICATION
FOR WATER RIGHTS OF
JOHN W. SAVAGE
IN THE COLORADO RIVER
OR ITS TRIBUTARIES.
TRIBUTARY INVOLVED _
1N GARFIELD COUNTY
FILED
IN WA 1'LR cool 1'
Uivi iuu Nu. :�
F[f31 . 074
eF� rE OF cLotlAoo
LLI.C/IzC.JJ�LL r/�cG'
w.+rn+ CLLIIh
RULING OF T1IE REFEREE
ABSOLUTE WATER RIGHT
And the Referee having made the investigations required
by Article 21 of Chapter 148, C. R. S, 1963, as amended does
hereby make the following ruling, to wit:
This application was referred to the Water Referee of
Water Division No. 5 on the 30th day of November
1. Nance of Applicant John W. Savage
Address Itt. 1, Box 107;
197 3 ,
Rifle, Colorado
• 2. The name of. the structure is Haynes Spring No. 2.
3. The legal description of the structure is: The spring is
located in the SEl,NE11 of Section 26, T. 6 S., R. 94 W. of
the 6th P.M. at a point whence the East Quarter Corner of
said Section'' 26 bears: S. 850001 E. 1250 feet.
4, Means of diversion: The water is diverted at the spring
into a 2 inch diameter pipe 2500 feet long.
5. The date of initiation of appropriation is 1884.
6. The amount of water claimed is
second of time.
7. The use of the water is livestock water, domestic, an.d
irrigation.
8. The Priority date is December 31, 1884.
9. The date of the application was November 1, 19%3.
0.025
cubic
foot per
.It is the ruling of,the Referee that the statements in
the application are true and that the above described water
right is approved and granted the indicated priority; subject,
however, to all earlier priorities of others.
It is accordingly ordered that this ruling shall become
effective upon filing with the later Clerk, subject to Judicial
• review as provided by law.
Done at the City of Glenwood Springs, Colorado, this /14
•day oL
No protest was filed la this mnttor.
The forugoing ru11ng 15 ear! ruled
and' approved, and is made the
Judgment and lleuroo Of this court.
•
vr.,tedi / La/9"l,1
ator •Jacigu
l -Referee
Water Division No.
State of Colorado
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IN '11 E DISTRICT COURT IN :',N1) FOR
WADER DLVIS[ON NO. 5
STATE OF COLORADO
APPLICATION NO. W-
IN THE RATTER OF THE
FOR WATER RI CI IT'S OE
JOIIN W. SAVAGI?
IN THE COLORADO
OR ITS TRIBUTARIES.
TRIBUTARY INVOLVED _
2089
APPLICATION )
RULING
RIVER )
IN GARFIELD COUNTY
And the Referee having made the
by Article 21 of Chapter 148 C.R.S.
hereby make the following ruling, Co
FILED
IN WATER COURT
Division No. :i
FEB 1 ,i.197'i
TE OF 9 L RAoo
1 ()zeJ .e;1" d-lei'e
WA frig ,:Elle\
g{r t:reL,rr
OF TIIE REFEREE
ABSOLUTE WATER RIGHT
investigations required
1963, as amended does
wit;
This application was referred Co the Water Referee
Water Division No, 5 on the 30th
clay of November
1. Name of Applicant John 4. Savage
Address Rt. 1, Box 107; Rifle, Colorado
2. The name of the structure is Baynes Spring No. 3.
3• The legal description of the structure is: The spring is
located in the SW4NE14 ot Section za, T. u S,, R. 94 W. ot
the 6th P.M. at a point whence the East Quarter Corner of
said Section 26 bears: S. 75°25' E. 1465 feet,
Means of diversion: The water is diverted at the spring
into a 1 inch diameter pipe 300 feet long.
5. The date of initiation of appropriation is 1884.
6. The amount of water claimed is 0.01 cubic foot per
second of time.
7. The use of the water is domestic, livestock water and
irrigation.
8. The Priority date is December 31, 1884,
9. The date of the application was
of
197 3
November 1,'1973,
It is the ruling of the Referee that the statements in
the application are true and that the above described water
right is approved and granted the indicated priority; subject,
however, to all earlier priorities of others.
It is accordingly ordered that this ruling shall become
effective upon filing with the Water Cleric, subject to Judicial
review as provided by law.
day o
Done ae the Cityof .Glenwood brings, Colorado, this
No protest was filod In this mottor.
The foregoing ruling 1s conl'lrmod
and approved, and 1s made the
Judgment and Decree of this court.
Dat ed t + L3 /t ti[
a t o r 7e-----
Wr Referee
Water Division No, 5
State of Colorado
\\
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HAYN EJ
350
S RING
NO. 3
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BRUSH 1.
11�`��
SEC. 26 " �: 6 5. R 94 W
t:
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0
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suriFLOWER
200 0
100 • 800 1200
1600 •
•
8° 6CAl,l1 OF . FEET
IN THE DISTRICT C011lt'[' IN :.ND FOR
WATER DIVISION NO. 5
SPATE OP COLORADO
APPLICATION NO. IJ_ 2090
IN THE PL'\I"I'ER OF THE APPLICATION )
FOR WATER RIGHTS OF
JOHN W SAVAGE
IN 'I'HIE COLORADO RIVER
OR ITS 'TRIBU'T'ARIES.
TRIBUTARY INVOLVED
IN GARFIELD COUN'T'Y
RULING
FILED •
IN WA'l'Elt C(;'J1 T
Division 1'L..
I C_ B1 ':1417
`16 �F 4TE Oc Lo 2Ano
/ILIAL .. }L. u L c.v`z.
OF THE REFEREE
ABSOLUTE WATER RIGHT
And the Referee having made the investigations required
by Article 21 of Chapter 148, C.R.S. 1963, as amended does
hereby make the following ruling, to wit:
This application was referred to che Water Referee of
Water Division No, 5 on the 30th day of November 1973
1, Name of Applicant John W, Savage
Address Rt. 1, Box 107; Rifle, Colorado
2. The name of the structure is Haynes Spring No. 4.
3. The legal description of che structure is: The spring is
located in the SANE4 of Section 26, T. 6 S., R. '94 W. of
the 6th P.M. at a point whence the East Quarter Corner of
said Section 26 bears: S. 79°45' E. 1430 feet.
4. Means ol:
into a 1
5. The date
diversion: The water is diverted at the spring
inch diameter pipe 600 feet long.
of initiation of appropriation is 1884.
6, The amount of water claimed is 0.01 cubic foot per
second of time.
7. The use of the water is livestock water, domestic and
irrigation.
8, The Priority date is December 31, '1884.
9, The date of the application was November. 1, 1973.
It is the ruling of the Referee that the statements in
the application are true and that the above described water
right is approved and granted the indicated.priority; subject;
however, to all earlier priorities of others.
It is accordingly ordered that this ruling shall become.
effective upon filing with the !dater Clerk, subject to Judicial
review as provided by law.
Done at the City of Glenwood Springs., Colorado, this /41'"
day of ,A-- �t-.ey
No protest was filed in this matter.
Thu foregoing ruling 15 confirmed
and.npproved, and is udd0 t[1e
Judgment and Decree or thisicqurt.
1,1 7/ 3, /17>'•
naiad:
14114/
Atur Judgo
W,Referee
Yater Division No. 5"
State of Colorado
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HA, YNE
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NO.
5900 .
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4-9372
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6GAl.$ OF . FEET •........
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• •
THE RIFLE HOUSE
201 RAILROAD
P.O. BOX 1926
RIFLE, COLORADO 81650
January 10, 1996
JOHN W. SAVAGE, JR.
ATTORNEY AT LAW
Mr. Mike Morgan
Rifle Fire Protection District
POB 1133
Rifle, CO 81650
PHONE: (303) 625-1470
FAX: (303) 625-0803
Re: Savage Beaver Mesa Subdivision Exemption Application
Our File No.: 017.32
Dear Mr. Morgan:
We are applying to the Garfield County Commissioners for a
subdivision exemption to allow subdivision of a 440 acre parcel
on Taughenbaugh Mesa -into a 10 acre lot for the existing house
and the 430 acre remaining parcel.
'I'he fire protection plan is as follows:
1. Both parcels are located within the service boundaries
of the Rifle Fire Protection District and fire suppression and
emergency services are provided by the Rifle Fire Protection
District;
2. All parcels will have access driveways to the county
road system capable of all weather use by district fire fighting
and emergency vehicles and with adequate turnaround areas where
needed;
3. The area has no municipal water mains or fire hydrants;
4. During the irrigation season, there are numerous
ditches and ponds in the area from which water can be obtained
for fire fighting. In addition, Beaver Creek flows through the
parcels providing a year round source of firefighting water; and
5. The 10 acre parcel is served by a water well with a
maximum pumping rate of 15 gpm. The 430 acre parcel has no
structures. Its domestic supply is from spring located to the
west. Neither domestic supply is capable of supplying fire
fighting volumes. Water for fire suppression will be supplied
from fire district tankers, fire trucks, and from neighborhood
ditches, ponds and streams as may be available.
6. Vegetation in the area consists of sagebrush and ju-
niper mix, with some riparian habitat species in the creek bottom
and 100 acres of cultivated fields.
SAVAGE BEAVER
CREEK EXEMPTION
EXHIBIT 11
• •
7. The Exemption Plat will include a Plat Note requiring
compliance with the Colorado State Forest Service Wildfire
guidelines.
Attached is a vicinity map and a map showing the original
parcel and new parcels to be created.
Garfield County Subdivision regulations require that the ap-
plicant submit a letter from the appropriate fire district ap-
proving the applicants fire protection plan.
Please sign and return the enclosed copy of this letter in-
dicating your approval, or provide whatever response you normally
submit in these matters.
Thank you for your assistance in this matter, please give me
a call if you have any questions.
Enclosures
xc: Joan L. Savage w/encl.
Date:
Vel truly yours,
( 6 a :rra
Fire plan approved, as set forth above.
/0: SII -VAI
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Rifle Fire Protection District
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