HomeMy WebLinkAbout1.0 ApplicationBEIORE 1HE
EOARD OF COU1�1 Y CGS �'�I SS1 G;�LRS OF
COUNTY, COLORADO 111
PETITION FOR EXEMPTION
Pursuant to C.R_S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and
the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979
Section 2.02.01 (d) and 3.02.01 the undersigned 'Wue"4j T/ ' Li ,)
Qnd
n /c'E. E? x•e' i
respectfully petitioners the
Board of County Commissioners of Garfield County, Colorado, to exempt by resolu-
tion the division of I/0 acre tract of land into V tracts of
approximately iekV) acres each, more or less, from the definitions of
"subdivision" and "subdivided land" as the terms are used and defined in C.R.S.
(1973) Section 30-28-101 (10) (a) -(d) and the Garfield County Subdivision Regulations,
for the reasons stated below:
eS
,nadec aie heat) ► n t ut 6700)
041 r r d - //-1 'i%& a C i• /A) t00 rri e • fay
Th �S 5 T.euc ru�2 e f� Cc cd ij,de rn i
r, e . i�.Yc - „c r&cd y �_
divogoed ��� u,,tt,c c2c4 chyidreN v petitioner
n support of this petition, the also submits the following
1,(A. Map drawn to scale showing proposed lot subdivision
and access.
,B. Copy of deed
,C. Vicinity map
D. Statement on source of domestic water
E. Statement on method of sewage disposal
K. 100 year floodplain information where
live stream crosses or adjoins said tract
Evidence of the soil types
-H. Copy of Assessor's map showing the property
-1. Practical description of property location
J. Fee in the amount of $_
K. $200.00 fee for each new lot created
Submitted at Glenwood Springs, Colorado, this ‘1'/ day of dtc
,ray%
rece,ot Cy
r'i�uZ.4 R. S-1 iieeLi' J $-
Petitioner
, 190.3
Mailing Address C�
0,9 00,0 , COCCI. Q/‘2-
(2O3) 942--2O6/8
Telephone Number
LOYAL E.LEAVENWORTH
KEVIN L. PATRICK
JAMES S. LOCHHEAD
PETER A. MtLWID
• •
LEAVENWORTH, PATRICK & LOCHHEAD, P. C.
ATTORNEYS AT LAW
August 3, 1983
Mr. Mark Bean
Garfield County Planning Division
Department of Development
2014 Blake Avenue
Glenwood Springs, CO 81601
Re: Stirling Subdivision Exemption
Dear Mark:
1011 GRAND AVENUE
P. 0.DRAWER 2030
GLENWOOD SPRINGS,COLORADO 81601
TELEPHONE: (303) 945-226i
LI; b 1983
At your request, I am writing to advise you of the water
rights to be used by Ruth Stirling for a domestic water supply
on the property located in the NE1/4 of the NW1/4 of Section 29,
Township 7 South, Range 87 West of the 6th P.M.
On September 1, 1980, the Water Court entered a decree in
Case No. 79CW383 awarding 0.033 c.f.s. (15 gpm) for domestic
purposes, including up to one acre of lawn irrigation to the
Stirling Well No. 5. The well will be located on the above -
referenced property. A copy of the decree is enclosed.
If I can provide any additional information, please feel
free to contact me.
LEL:jas
Enc.
cc w/o enc:
Very truly yours,
LEAVENWORTH, PATRICK & LOCHHEAD, P.C.
John Stirling
Ruth Stirling
T. Peter Craven
. Leavenworth
Book 416
Page 76
Recorded at 12:52 P.M.
Reception No. 248559
Aii
tit& cS?i/R1 /Aj G—
I x gi610O0�.t`,62re-efJE
December 30, 1970 i L.C; i) W()
Chas.S.Keegan, �� • 9� „
Recorder.
WARRANTY DEED
GENE STIRLING, also known as GENE M. STIRLING, and
REBECCA B. STIRLING, also known as REBECCA BIRCH STIRLING, whose
address is Sarasota, State of Florida, for the consideration of
Ten Dollars and Other Valuable Considerations, in hand paid,
hereby sell and convey to JOHN M. STIRLING, whose address is
Carbondale, State of Colorado, an undivided two-thirds interest
in and to the following real property in the State of Colorado,
to wit:
MONTROSE COUNTY
Parcel No. 1: S 2SW'k, NEkSW', NW'SEk Section 33, Township 50
North, Range 13 West, N.M.P.M.
Parcel No. 2: Lot 4, Section 4; E2SWk, W2SE'k, S2NEk and Lot 1,
Section 5, Township 49 North, Range 13 West, N.M.P.M.
Parcel No. 3: All that part of Lots 2, 3, 4 and the SzNW'k, and the
W2SWk Section 5, Township 49 North, Range 13 West of the N.M.P.M.,
lying South and East of the top of the Northeasterly trend in
Rim which crosses said property.
TOGETHER WITH all ditches and ditch rights, water and water rights
including Hawkins Ditch #J-240 and its priorities J-288, J-289,
J-300, the Harry White Reservoir #1-J-8 and its priorities J-127
and J-316, and Harry White Reservoir No. 2 and its priority
J-299, and Twin Lake Reservoir and its Priority J-301, and Table -
Rock Reservoir and its Priority J-337 including its decree for 25
acre feet absolute and 58 acre feet conditional decree.
Parcel No. 4: NWkSE'k, Lot 2, SW'2NE'k, S3 SWk, NE'SW', SW3SEk,
SE4NW4, Section 2, Township 49 North, Range 13 West, N.M.P.M.;
SW4SE4i Section 35, Township 50 North, Range 13 West, N.M.P.M.,
including all water, water rights, ditch and ditch rights, there-
unto appertaining, including by way of example but not by way of
limitation; all interest in Big Monitor Ditch #1 and all interest
in the 27.35 cu. ft. of water per second of time allowed to flow
therein under Priority J-165; and all interest in the 15.00 cu. ft.
of water per second of time allowed to flow therein under Priority
J-166; and all interest in the 2.00 cu. ft. of water per second of
time allowed to flow therein under Priority J-167; and all interest
in Ed Lee Ditch and all interest in the 10.00 cu. ft. of water per
second of time allowed to flow therein under Priority J-201 and all
interest in the 20.00 cu. ft. of water per second of time allowed
to flow therein under Priority J-202 and all interest in the 2.00
cu. ft. of water per second of time allowed to flow therein under
Priority J-203; all interest in the Middle Reservoir and all
interest in the 52 acre feet of water adjudicated thereto under
Priority J-188; all interest in the Big Monitor Reservoir #1 and
all interest in the 70.50 acre feet adjudicated thereto under
Priority J-168 and all interest in the 22.50 acre feet adjudicated
thereto under Priority J-259; all interest in the Big Monitor
Reservoir #2 and all interest in the 64.50 acre feet adjudicated
thereto under Priority J-169 and all interest in the 63.00 acre
feet adjudicated thereto under Priority J-361; together with
Bureau of Land Management Grazing Permits used in connection there-
with.
Parcel No. 5: Lots 3 and 4 and SW'NW3/4 Section 3, Township 49
North, Range 13 West, N.M.M.; and the SEkSWk Section 34, Township
50 North, Range 13 West, N.M.M.; the N1/2SEk and SE'kNE'k Section 34,
the SW3NWk Section 35, all in Township 50 North, Range 13 West,
4
• • _..
Book 116
Page 77
N.M.M.; the SEk NEk, the NEk SEk Section 4, Township 49 North,
Range 13 West, N.M.M.; the W1 NE' and SEk NW's and NES SW'1 Section
26, Township 50 North, Range 13 West, N.M.M. together with all
improvements thereon, together with the BLM permit located in the
Dry Creek-Roubideau allotment containing 600 acres more or less,
and together with all ditch and ditch rights, water and water
rights belonging thereto or used in connection therewith, includ-
ing by way of example but not by way of limitation, an undivided
1/2 interest in Everlasting Ditch from Cottonwood Creek and a like
interest in its Priority No. G-32 for 4.75 cu. ft. per second of
time; the entire interest in Little Monitor Ditch No. 142 from
Little Monitor Creek, and the entire interest in its Priority No. •
H-94 for 2 cu. ft. of water per second of time absolute and for an
additional 2 cu. ft. of water on a conditional basis; an undivided
1/2 interest in the 25 Mesa -Upper Little Monitor Ditch No. 66 from
Little Monitor Creek and not less than 1/2 or more than 4/7 interest
in its Priority No. H-49 for 7 cu. ft. of water per second of time;
the entire interest in the Earl D. White Ditch No. 221, together
with entire interest in Priority No. H-164 for 3 cu. ft. of water
per second from East Fork of Cottonwood Creek and Little Monitor
Creek; entire interest in the Enlargement of the Earl D. White
Ditch and its Decrees awarded in 1954, Priority No. J-214 for 5
cu. ft. of water absolute, Priority N9. J -2I4 for 5 cu. ft. on
conditional basis, Priority No. J-215 for 1 cu. ft. of water per
second decreed for domestic and livestock purposes and Priority
No. J-216 for 10 cu. ft. of water for storage purposes during
nonirrigation season in the Little Monitor Reservoirs Nos. 1 and
2, and also the Bull Frog Reservoir and its Enlargement; the
entire interest in the Bull Frog Reservoir and in Priority No. H-22
for 140 acre feet of water awarded to said Reservoir; and entire
interest in Enlargement of the Bull Frog Reservoir, undecreed, but
represented by Sworn Statement and Plat dated April 16, 1947 for •
an additional 38 acre feet of water for storage purposes. Also
entire interest in Little Monitor Reservoir No. 1 and its Priority
No. H-46 for 130 acre fedt of water for irrigation purposes; also
entire interest in Little Monitor Reservoir No. 2 and its Priority
No. H-45 for 40 acre feet of water stored for irrigation purposes;
also any and all other ditch and water rights and except and
subject to existing rights of way for roads and ditches and any
other existing easements. Except the following described parcel:
Beginning at a point on the North line of the NE of said Section
26 820 feet East of the Northwest corner of said NEk, thence along
the North line West 820 feet to the Northwest corner of said NES,
thence along the West line of said NEk South 1320 feet, thence
East 500 feet, thence Northeasterly in a straight line to the point
of beginning. And except all rights in a spring and the water
therefrom that rises on the foregoing excepted parcel. And except
undivided one-half interest in all oil, gas and mineral rights
reserved by Earl D. White, together with the right to prospect
for, mine and remove the same in customary manner. SUBJECT TO a
right of way 30 feet in width across said NWk of NEk of said
Section 26 for the purpose of access to and from a public road
from the foregoing excepted parcel in said Section 26, as previously
reserved.
Garfield County
NZSEk, WANE, NEkNA Section 29, Township 7 South, Range 87 West,.
6th P.M.;
TOGETHER WITH all water and water rights, ditches and ditch rights
appurtenant thereto; .
- 2
•
•
•
•
•
t'
Book 416
Page 78 .
with all its appurtenances, and warrant the title to the same,
subject to 1970 taxes and assessments, reservations, restrictions,
easements and rights of way of record, and subject to the liens
of deeds of trust ofrecord embracing,parts of said property,•
securing the payment of certain indebtedness, the unpaid balance
of which the grantee assumes and agrees to pay.
Signed this 14th day of December, 1970. t /,
STATE OF FLORIDA
)88.
G 'ne Stirling 1
a 'so known as Gene M. Stirling
)
Rebecca B. Stirling (/
'also known as Rebecca Birch
Stirling
COUNTY OF )
The foregoing instrument was acknowledged before me this
,-4(q/2 ( day of ,�Y)c (Y' ,,-, (,) / , 1970 , by Gene Stirling, also
known as Gene M. Stirling, and Rebecca B. Stirling, also known
as Rebecca Birch Stirling. ,,,,0:.,.,41,1;;,,,
,..-..now,
..•,.
-.i
My commission expires: .`;. + �•...... ,77: ---.: 7 1—: .1. - • f'..s' • .r... '
IND
•;
Notary 'Public = _� ", <--'') •:
HOTARY PUBLIC, STATE OF FLORI",1
'''...'?•:'/J/l'j :; f) U`>‘
MY .COMMISSION EXPIRES FE3• 27, 1974
•DODED .TIi3U FRED V/. DIESTELHORST
Ta -0/ 5 7-//e(/4) C ,eP/,/ 1-2_40t)
Lam.__-- A d0J
oa'a.M
;
Book 368 Recorded a:..;..r,2.Q_ _...o'clocd...1' M l ,..<i ., duly ....r....IVLf,
.�,,
Page 210
Reception No...2309.70 l .: :i_ ...... �.....v_. ,'' Recorder.
AdoN
toenx
TIS DEED, Made this 6th day of July
in the year of our Lord one thousand nine hundred and S i X ty-f
between
PHILIP B. KLEIN
of theLouisiana Coun;y ..f Bossier
and State of x, of the first part, and
REBECCA B. STIRLING, GENE M. STIRLING
and JOHN M. STIRLING
of the Florida
and State ofO ? 1 of the second part:
WITNESSETH, That the said part y of the first part, for and iu con,ideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION r
County. of Sarasota
to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, haS granted, bargained, scld and convoyed, and by these presents do eS
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and as:signs forever, not
in tenancy in common but in joint tenancy, nil the fell?win.g dc. cnUcd 101. S or parcel S of land, situate, lying
and being in the County of Garfield and State of
Colorado, to -wit:
N 1/2 SE 1/4; SW 1/4 NE 1/4; 1/4 NE 1/4; and NE 1/4 NW 1/4, all
in Section 29, Township 7 South, Range 87 West, 6th P. M.
Together with all improvements thereon and all ditch, ditches,
ditch rights, water and water rights appertaining thereto and used
thereon.
Excepting an undivided one-half interest in and to all oil, gas and
other minerals in, on or under the above described property as re-
served by L. F. Higginbotham and Olive Higginbotham in a Warranty
Deed recorded as Document No. 227350 in book 361 at page 401
thereof in the office of the Clerk and Recorder of Garfield County,
Colorado.
Also hereby reserving to the grantor, his Heirs and assigns, the
remaining undivided one-half interest in and to all oil, gas and
other minerals in, on or under the above described property, to-
gether with the right to prospect for, mine and remove the same.
t.
j.
TOGETHER with all and singular the hereditaments and appurtenances therounto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
Ou31
.S..u3+.1
__- .d33" -.
y.oa7x
Book 36$
Page 211
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said parties of the second part, their heirs a .i a., ins forever. Anil the said part y of the first part, for
him self , his heirs, executors, and administrators, does covenant, grant, bargain and agree to
and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery
of these presents, he is well seized of the premises above conveyrd, as of good, sure, perfect, absolute
and indefeasible estate of inheritance in law, in fee simple, and ha S good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from
all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature,
soever, excepting 1965 taxes duc and payable in 1966; easements and
rights-of-way of a public or private nature; United States patent
reservations, and existing lease of ranch operation and rental of
buildings.
and the above bargained premises in the quiet
heirs and assigns, against all and every person
the said party of the first part shall and
IN WITNESS WHEREOF, the said part
seal the day and year first above writtc n
and peaceable po,scssion of the said parties
or persona lawfully claiming or to claim the v
will WARRANT AND FOREVER DEFEND
17 of the first part ha S hereunto set
Signed, Sealed and Delivered in the Presence cif
LOUISIANA
STATE OF tXi(AXXI ,
County of BOSSIER
PHILIP KLEIN
Tho foregoing instrument was ae'snvwledged before ins•
1965 ,by. PHILIP B. KLEIN..
My commission expires
i !LPl? C. 91..11.'TT
la,
Mf ler lai
of the second part, their
,hole or any part. thereof,
his hand and
[SEAL]
[SEAL]
[SEAL]
day of July
. \Witness my hand and official seal.
Notary Public.
*If by natural person or persons here insert name or names: if by pen.ons actin,; in reprricntath•e or official capacity or as attorney-in-fact.
then insert name of person as executor. attorney-in-fact or other capa:-ity or description; if Dr officer of corporation. then insert Lama of such
effieer or offioars, as the '-president or other officers of such corporation, naming it.
0
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Hap UiLL No.
1ct1'l, tis
SOIL CHARACTERI• CS
Depth to Bedrock
Texture
Surface
Subsoil
Substratum
Unified/AASHO Classification:
Permeability (below 2 feet) :
Percent Coarse Fragments
(gravel, cobble, stone) .
Soil Reaction (p11)
Shrink -Swell Potential
Potential Frost Action'
(surface)
Flood Hazard
Hydrologic Group
Corrosivity - Steel
- Concrete
DEGREE & KIND OF LIMITATIONS
(0 is Slight, M is Moderate,
S is Severe)
Septic Tank Absorption
Fields
Sewage Lagoons
Sanitary Landfill - Trench
- Area
Shallow Excavations
Dwellings w/basements
w/o basements
Local Roads and Streets
SUITABILITY AS A SOURCE OF....
Daily Cover for Landfill
Topsoil
Sand
Gravel
Roadf ill
OTHER SOIL FEATURES
11U 1)r turt A
deep
Art4 ST//k/iV6-
XeAtP770N 1PI CiC/}Tjp4/
loam
stony clay loam, stony clay
stony loam, very stony loam
CL, CH, ML, SM; A-4, A-6, A-7, A-2
moderate; slow to 30 inch depth
5 to 40%; over 45% in substratum
6.6 - 7.3
high
mode rate
none
C
high
low
S slow permeability, large stones**-
: S steep slopes, large stones
: S too clayey, large stones, steep slopes
S steep slopes
: S too clayey, large stones, steep slopes
: S large stones
:,S high shrink -swell, steep slope-
: Severe - high shrink -swell, large stones,
steep slopes
: Poor - large stones, too clayey, steep slopes
: Poor - too clayey, large stones
: Unsuited
: Unsuited
: Poor - large stones, high shrink -swell,
frost action
** permeability rate increases at depths below 30 inches.
"ADVANCE COPY SUBJECT TO CHANGE" NOT TO BE USED IN PLACE OF ON-SITE INVESTIGATION.
•
X14E Andreeson-Morval Association
Hilly
Q
Re Xe HP %/OA' /3io/04'caned,
This map unit is on alluvial fans, high terraces
and valley sides. Slope is 15 to 25 percent.
Elevation is 7,000 to 8,500 feet. The average
precipitation is 14 to 16 inches.
The Andreeson soil is deep and well drained.
Typically the surface is covered with 10-15%
stones, 5% cobble, and 10% gravel. The surface
layer is brown very stony loam 8" thick. The
subsoil is cobbly clay loam and very cobbly
clay. Permeability is slow, runoff is medium
and water erosion hazard is moderate. Effec-
tive rooting depth is 60 inches or more.
The Norval soil is deep and well drained. The
surface layer is a brown loam 7" thick. The
subsoil is a clay lcasm. Permeability is
moderate, runoff is medium, and water erosion
hazard is slight. Effective rooting depth is
60 inches or more.
This unit is used for rangeland, hayland, and
homesite development with the limitations
being stones on surface, steep elopes and
alow permeability.
Land Capability Subclass: Non -Irrigated VIe
Afr-
Sr► A:
LS -TM
S96 -97d -I
ZbZ-'1?i 21
Q S - my r ?°L
oz-drn
OS- 3%1 O
SZZ -'" ? F
SbZ-6
Q)M -3% -74
£Z kL,
GIL \
°!I - QO[x.
Mb -301.
oez'E-OOL
(c P L4'6' J need -0 f)1.1- . BS
t/Q1Ld410X.? 9u_ 329,
9Nf72/LiS 7_ lc -Qac MCC/
4111
A AP,J•54Rev. 10
•
Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
\.�I.r-Nu... tel . I...S..-.,i v.
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
PERMIT APPLICATION FORM
(X) A PERMIT TO USE GROUND WATER
(X) A PERMIT TO CONSTRUCT A WELL
FOR: (X) A PERMIT TO INSTALL A PUMP
( ) REPLACEMENT FOR NO.
( ► OTHER
RECEIVED
JUL 1 8 1983
WATER RESOURCES
STATE • BAKER
COLO.
WATER COURT CASE NO. /9CW383 (copy attached)
(1) APPLICANT - mailing address
Ruth Stirling
4gil Leavenworth, Patrick & Lochhead,
STREET P. 0. Drawer 2030
CITY Glenwood Springs, CO 81602
TELEPHONE NO
(State) (Zip)
(303) 945-2261
(2) LOCATION OF PROPOSED WELL
County
Garfield
NF Y<ofthe NW
Twp.
7
Rng.
87
Ya, Section 2 9
W 6th P.M
iE,M
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm)
Average annual amount of ground water
15 GPM
6.0
to be appropriated (acre-feet):
Number of acres to be irrigated:
Proposed total depth (feet): 250
Aquifer ground water is to be obtained from:
gravel
1 acre
Owner's well designation Stirling We 11 No.
GROUND WATER TO BE USED FOR:
) HOUSEHOLD USE ONLY - no i
X) DOMESTIC (1)
LIVESTOCK (2)
COMMERCIAL (4)
5
rrigation (0)
( ) INDUSTRIAL (51
( ) IRRIGATION (6)
( ) MUNICIPAL (8)
OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name
Street
City
Drilling Specialties
P. 0. Box 387
Si1t-, Cn R1f,52
(St.--ite) (Zip)
Telephone No 876-5469 Lic. No. 1027
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
'Re erpt No 3' 6(2-,
Basin Dist.
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause
no material injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
1) APPROVED PURSUANT TO THE DECREE ISSUED BY
THE DIVLSION 5 WATER COURT IN CASE NO. 79—CW-
383, AS A REAPPLICATION OF EXPIRED WELL PERMIT
NO. 110078.
2) APPROVED PURSUANT TO CRS 1973, 37-92-602(3)
(b)(II), AS THE ONLY WELL ON A 40—ACRE TRACT
(NE4 OF NW4 OF SEC. 29, T.7S., R.87W., 6TH P.M,
WHICH WILL BE USED SOLELY FOR. THE PURPOSES
SPECIFIED IN CRS 1973, 37-92-602(1)(b) AND THE
FLOW FROM SUCH USES SHALL BE RETURNED TO THE
SAME SYSTEM IN WHICH THE WELL IS LOCATED.
COPY
APPLICATION APPROVED C
PERMIT NUMBER 132035
DATE ISSUED AUG 1 2 1983
EXPIRATION DATE JG 1 .2 1985
t;
BY A
I.D.
(Sr EEE� IN ER)
EN
COUNTY
(5) THE LOCATION OF THE PROPOSED WELL and the area on
which the water wilt be used must be indicated on the diagram below.
t Use the CENTER LECTION (1 section, 640 acres) for the well location.
-f- — -{-
I
f
T
-1- -- -1-
NORTH
-{- — { - -- 4- — -1- -- — -} .
14
W
2
2
0
P
O
N
W
I
1 MILE, 5280 FEET ---�1
NORTH -p SECTION LINE
I x
1
1
I
2•
Ii
1
11
1
1
SOUTri SECTION LINE
-1-
} ->•- -+ 4
The scaleaf the,diagram is 2 inches = 1 mile
Each small square represents 40 acres.
(6) THE WELL MUST BE LOCATED BELOW
by distances from section lines. •
660 ft. from North sec. line
(north or south)
West
ft from sec. line
(east or west)
LOT BLOCK FILING x
SUBDIVISION
1980
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner: Ruth Stirling
No. of acres 40
. Will this be
the only well on this tract?
yes
(8) PROPOSED CASING PROGRAM
Plain Casing
7 0 200steel
in from ft. to ft
in from ft to ft
Perforated casing
7 in from 200 ft to250 steR1
in from ft to `t
VVf.TER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers t acre -of- rand 1 foot deep
1 cubic foot per secs (cfs) ... 449 gallons per minute (gpm)
A family of 5 will reefuire approximately 1 acre-foot of water per year.
1 acre-foot ... 43,E 0.cuhic feet... 325,900 gallons.
1,000 gpm pumpedcantinuaus)y 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): Ruth Stirling No. of acres: 40
Legal description: NE1F4M4.1/4, Sec. 2.9, T7S, R87W, 6th P.M.
(11) pETAILED DESCRIPTTON of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used. All domestic uses; disposal systems will meet county standards;
well will serve three (3) single-family residences.
(12) OTHER WATER RtGitiTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right
Used for (purpose) Description of land on which used
140 shares Missouri Heights Irrig. Co. (irrig.) 400 acres in Secs. 29 and 30,
15 shares in Mtn. Meadow Ditch (irrig.)
T7S, R87W, 6th P.M.
(13) THE APPLICANT(S)' STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRUE TO THE BEST OF HIS KNOWLEDGE.
LEAVENWORTH, PATRICK & LOCHHEAD, P.C.
Attore s or As li. nt
SIGNATURE GF APPLICANPS7
Jya
Leavenworth
Use additional sheets of paper if more space is required.
IN TIIE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. 79CW383
IN THE MATTER OF THE APPLICATION )
FOR WATER RIGT OF JOHN STIRLING )
IN THE ROARING FORK RIVER IN GAR- )
FIELD COUNTY )
r- ILEF
IN WATER GOURT
Division No. n�
STATE OF COLORADO
RULING OF
• WAT`_R Cl tK
— -- eI CErurr
The above dntitled application was filed on December 31, 1979, 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 12th day of January, 19
in accordance with Article 92 of Chapter 37, Colorado Revised Statues 1973,
known as the Water Right Determination and Administration Act of 1969.
And the undersigned Refree having made such investigations as are neces
sary to determine whether or not the statments in the application are true
and having become fully advised with respect to the subject matter of the ap
plicaton does hereby make the following determination and ruling as the
Referee in this matter, to -wit:
1. The statements in the application are true.
2. The name of the structure is Stirling Well No. 5.
j. The name of the claimant and address is John Stirling;
%Musick, Williamson, Schwartz, Leavenilworth and Cope, P.C.; P.O. Drawer
2030; Glenwood Springs, Colorado 81601.
4. The source of the water is a well having a depth of 250
feet and tributary to the Roaring Fork River.
5. The well is located in the NE NWa of Section 29, T. 7 S.
R. 87 W. of the 6th P.M. at a point 660 feet South of the North line and 1,9
feet East of the West line of said Section 29.
6. The use of the water is domestic, household purposes,
livestock water, fire protection and lawn and garden irriagation.
7. The date of initiation of appropriation is May 15, 1979.
8. The amount of water claimed is 0.033 cubic foot of water
per second of time, conditional.
9. The well has not been completed and the water has not yet
been diverted and applied to beneficial use.
10. On September 6, 1979, Permit No. 110078 was issued by th
Office of the State Engineer, subject to the following "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.
APPROVED FOR DOMESTIC USE, INCLUDING TIIE IRRIGATION
OF NOT OVER ONE ACRE OF HOME GARDENS AND LAWNS.
• •
APPROVED FOR A MAXIMUM OF 2 ACRE-FEET FOR EACII
OF THE THREE SINGLE-FAMILY DWELLItNIGS (6 ACRE-
FEET TOTAL.)
THE COt•IBINI D IRRIGATED ACREAGE FOR `I'IiE THREE
SINGLE-FAMILY DWELLINGS SHALL BE LIMITED TO A
TOTAL OF 1 ACRE OR LUSS.
11. On Febua ,' 29, 1980 Statement of Opposition was filed by
the Park Ditch Company and John Sutey; however, on March 14, 1980, this
Statement of Opposition was withdrawn.
The Referee does therefore conclude that the above intitled application
should be granted and that 0.033 cubic foot of water per second of time with
appropriation date of May 15, 1979, is hereby awarded conditionally to Stirl
Well No. 5 for domestic, household purposes, livestock water, fire protection
and lawn and garden irrigation purposes, provided always that said 0.033 cubi
foot of water per _Second of time is on the condition that said quantity of w..
be applied to beneficial use within a reasonable time.
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), so long as it is used for the
purpose set forth herein, and by statute; and subject
to the "conditions of approval" set forth in paragraph
10 above.
Applicatic,p_-for a quadrennialfindingof reasonable diligence shall be
filed in of 1984 and in VU�
of every fourth calendarear thereafter r so
long as claimant desires to maintain this conditional water right or until a
absoulte water right by reason of the conpletion of the appropriation.
It is accordingly ORDERED that this ruling shall be filed with the Water
Clerk and shall become effective upon such filing, subject to Judicial review
pursuant to Section 37-92-304 CRS 1973.
It is further ORDERED that a copy of the ruling shall'be filed with the
appropriate Division Engineer and the State Engineer.
14
Done at the City of Glenwood Springs, Colorado, this/
day
of ,(l (J(J L , 19
No r.ro';:;i WCIs ;ilkd in 0113
1; (or. fii rrr,:1
_ .. /; J.E.. , ...
BY TILE REFREE:
Wayt e�-y� Refree
Walt - r Division No. 5
State of Colorado
