The URL can be used to link to this page

Home My WebLink About1.0 Application• • 1 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30 -28 -101(10)(a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned KENNETH S. ROSE respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolu- tion the division of AN 8.56 acre tract of land into TWO tracts of approximately 3.06 ACRES AND 5.50 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: SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information: A. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of- way, and any proposed easements for drainage, irrigation, access or utilities; Attached is a copy of the Ponderosa Subdivision Prelim- inary Plan plat. Attached is a copy of Applicant's State Highway Depart- ment Driveway Permit for the proposed parcels. B. Vicinity ^ ai at a mi n; mur scale of 1"=2000' showing the general topographic and geographic relation of the proposed ex- emption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. Attached is portion of USGS Horse Mtn. Quad, showing the subject property and vicinity. C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and Copy of deed attached. • • iPETITION FOR EXEMPTION APPLICANT: KENNETH S. ROSE LOCATION: T.5S.R93W:SEC.5:SWSW(portion) WET ADDRESS: 10286 Hwy. 13, Rifle • • 2 D. Names and addresses of owners of record of land immedi- ately adjoining and within two hundred (200) feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure pro- posed for conversion; and Aaron Woodward BLM Craig Route, Box 1 POB 1009 Glenwood Springs, CO 81601 Glenwood Springs, CO 81602 Colorado Dept. of Transportation 222 S. 6th St., Rm. 317 Grand Junction, CO 81501 Applicant owns all mineral rights and they are unleased. E. Evidence of the soil types and characteristics of each type; and Attached are excerpts from USDA/SCS Soil Survey of Rifle Area, Colorado showing the subject property with soil types iden- tified and characteristics of each soil type described. F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and WATER SUPPLY: Applicant has an existing domestic water well which is permitted for ordinary household purposes inside two single family dwellings, the irrigation of not more than 24,000 square feet of home gardens and lawns, and the watering of domestic animals. Attached are copies of the Well Permit, West Divide Wa- ter Allotment Contract, Well Construction and Test Report, Samuelson Pump Co. Well Test Report, and Well Agreement for use upon conveyance of the second parcel. Applicant has also obtained an adjudicated conditional water right for two springs to supplement the well water supply. Attached are copies of the Decree and BLM Right of Way Permit. The Ponderosa Spring No. 1 has been developed (see Zancanella & Associates, Inc. flow measurement report attached). Applicant will apply to make the Decree for Ponderosa Spring No. 1 absolute. There is a possibility that senior water rights on Government Creek (copy of tabulation attached) could theoreti- cally request curtailment of diversions from the well or spring. Applicant believes that any such "call" could be resisted on the grounds that any diversions are minimal and curtailment would not PETITION FOR EXEMPTION APPLICANT: KENNETH S. ROSE LOCATION: T.5S.R93W:SEC.5:SWSW(portion) •EET ADDRESS: 10286 Hwy. 13, Rifle • • 3 in fact result in any increase in water availability for senior rights. If a "call" were actually imposed, or supply from the well or springs is disrupted, the spring development includes two 1500 gallon tanks which are available for hauled storage. SEWAGE DISPOSAL: Parcel 2 has an existing ISD system. Parcel 1 would be served by a separate ISD system. The Nihill soil type in the area is suitable�for 9y standard ISD systems. Asti o/r i, •`.. t'C6 �` RCsv/i"s 47940 lied, FIRE PROTECTION: Attached is a copy of a letter from Rifle Fire Protection District regarding fire impacts of this proposal. Applicant will include a plat note referencing the Wildfire Guidelines adopted by Garfield County. G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stat- ing a willingness to serve; and N/A H. Narrative explaining why exemption is being requested; and Applicant is requesting an exemption from Garfield County Subdivision regulations in order to split his present par- cel so that the smaller lot can be sold as an additional home site. Applicant acknowledges that there may be some question as to whether or not this application complies with the standard ex- emption criteria because of the 1981 Resolution, however Appli- cant feels that his parcel should be eligible because it is phys- ically separated from the larger parcel and due to physical bar- riers of the State Highway and Government Creek, the impact of an additional home site at this location is minimal. Applicant also requests that the Commissioners note that this parcel is border by public domain on the other two sides which eliminates the pos- sibility of any other development in the immediate area. There are a number of similar home sites on these "remnant" parcels separated by the State Highway. Applicant has initiated a subdivision application for the proposal which was approved at Sketch Plan stage on 7/10/96. In the course of preparing for Preliminary Plat submittal, Appli- cant has been unable to economically develop a water supply plan that would be approved by the State Engineer. A plan that would be acceptable to the State Engineer would require an augmentation plan, including pond storage on site, both of which are extraor- dinarily expensive and perhaps technically impractical for this site. Applicant acknowledges that the current water supplies, well and springs, are marginal, but they do in fact have suffi- • • „PETITION FOR EXEMPTION APPLICANT: KENNETH S. ROSE LOCATION: T.5S.R93W:SEC.5:SWSW(portion) •EET ADDRESS: 10286 Hwy. 13, Rifle • • 4 cient water for this proposal. At approximately 1.5gpm, there is 5400 gallons per day available, well in excess of the standard 300 gallons per day usually required. The only impediment to this supply is the possibility of an administrative call by se- nior water rights on Government Creek (A Colorado River "call" would be satisfied with the West Divide Contract). As discussed above, Applicant feels that such a "call" could be successfully resisted, but even if that course were not successful, Applicant has installed 3000 gallons of storage capacity which could be filled by hauling water for any short periods of time when an ad- ministrative call might be in effect. Applicant believes that hauled water storage, at least as a back up supply, is acceptable for an exemption application, although not for a formal subdivision. I. It shall be demonstrated that the parcel existed as de- scribed on January 1, 1973 or the parcel as it exists presently is one of not more than three (3) parcels created from a larger parcel as it existed on January 1, 1973. This parcel has been physically separated from the balance of the larger parcel for many years by Highway 13 and Government Creek. Highway 13, formerly Government Road, has been in its present location since the late 1800's or early 1900's. The com- bined parcel was formally split off by Resolution No. 81-19, whereby the 8.56 acres (then described as 6.23 acres), the land northeast of Hwy. 13, was segregated from the balance of the block located on the west side of Hwy. 13 and Government Creek. (Copy of Resolution attached) The 8.56 acre tract is a triangu- lar parcel with one side adjacent to Hwy 13 and bordering public domain on the other two sides. The closest privately owned prop- erty are similar parcels 1/4 mile north and 1/4 mile south. J. A Three Hundred Dollar ($300.00) fee must be submitted with the application. Enclosed. Date: enneth Scott Rose, Petitioner 10286 Hwy. 13 Rifle, CO 81650 John W. S1 age, P.C. By: Date: John W.-.avage •I 9946, Attorney for App icant 201 Rai / oad Av� . /POB 1926; Rifle, CO 81 650-1 926 (303-62 -1470/ £X: 625-0803) • • • LIST OF ATTACHMENTS A. Ponderosa Subdivision Preliminary Plan plat B. CDOT Driveway Permit C. Vicinity Map D. Deed E. Soil types and characteristics F. Well Permit, West Divide Allotment Contract, Well Con- struction and Test Report, Samuelson Pump Co. Well Test Report and Well Agreement G. Spring Decree and BLM Right of Way Permit and Zancanella flow measurement report H. Government Creek water rights tabulation I. Percolation Test Results J. Fire District Letter K. Resolution No. 81-19 111 Feb -19-97 06:33P Kenneth S. Rose 970 625 4454 P.03 SH No/MP/Side 'o.xw/aloxr COLORADO DEPARTMENT OF ANSPORTATION Local Jurisdiction: Trials t 03/36 STATE HIGHWAY ACCESS PERMIT Dist/Section/Patrol: 39612636 DOT Permit No.: Permit Fee: 50.00 Date of Transmittal. 06/27/96 E PERMITTEE; APPLICANT: Kenneth 8, Rose Kenneth S. Rose 10286 Hwy 13 10286 Hwy 13 Rifle, CO 81650 Rifle, CO 81650 Kenneth S. Rose - (970) 000-0000 Kenneth S. Rose - (970) 000-0000 is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed. maintained and used in accordance with the terms and conditions of this permit, including the State HIghwey,Aecess Code and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use of advance warning and construction signs, flashers. barricades and Naggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: On the east side of State Highway 13, a distance of 1478 feet north from Mile Post 10; 10286 Hwy 13, Rifle. ACCESS TO PROVIDE SERVICE TO: PERCENT Single -Family Detached Housing (2 Each) 100.00 % OTHER TERMS AND CONDITIONS: SEE ATTACHED SHEET(S) FOR TERMS AND CONDITIONS MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By (X) Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shell be completed in en expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shah not1ry Buck Shrader with the Colorado Department of Transportation in Craig at 970-824-3104 at lout 48 hours prior to Commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have fu authority to accept the permit and � a/I it's terms and conditions. Permitbe (X)Nf fi'L. -C i2c)S -r Date is fa t ip 0 This permit is not valid until signed by a duly authorized representative of the Department. DEPARTMENT OF TR SPORTATION, STATE OF -COLORADO 6 Title Acces Coordinator p� r Date - 3 7 s 6 By l^r iii „/ (Date of issue) v wow Lcwon- A. t>p.oia.e COOT ►«.e.. iroi patriot (On.e� ) Loch Authority Inspector 2 Apd,cant �/ 4 rca htrot Traff.c Engineer 3 Stat, MOW COOT fora 1101 Tref Feb-19-97 06:33P Kenneth S. Rose 970 625 4454 P.04 • • • • • DATE: June 27, 1996 ACCESS PERMIT NUMBER 396126 - SHEET 2 ISSUED TO: Kenneth S. Rose TERMS AND CONDITIONS 1. Access is permitted as constructed. 2. If there are any questions regarding this permit, please contact Charles Dunn at (970) 248-7234. 3. This permitted access is only for the use and purpose stated in the Application and Permit. GARFIELD COUNTY - PLAT & BRAND BOOR 49 1 T.5S-R 93W SeePg60 Nf/ 4 BLM ,. .^ o n `1 (/ iV4iZ grail 2 shat G Area. Colo to :)C 1•c a BLM 4 C� 5 ` Aaron C. '- f 4,i' ," Kl.gostci iihk, Wed ward a, \`r ,BLM4 �, ` ✓ 12 frr r BLM Cf • / ..\c( 14 \� �J 13 t'h E N O C K b. ' J k - .....%);,, ,-q- ..A 4N'''` v""A ,n 10;1 5 k to 18 Re...AJ2. A.!E. gIpG�LYv�G.n 'f. Pol er ?. JC. i,ell � 01 v ! ® 7� ,,,, ��1 �' 5. e IIIII 4N BLM '' 22 / h J1G `^ / / \ 1 / ilk BLM 19 )" / 20 21 233 24 w. F C�gti S.'T ratter t 005 hi / rE I� 5.°. ger .�.4° ,,`1 V• f I ✓ lb. o• BLM NO Est 30 C lough 29 �' `^ BLM NIII\ iv3. 31 ✓ NOStZ 32 T Po4+cr P. Jolley ,,, BLM WrW h�I 6.01 1 r'c ;:: 35 `� �'i ter: ,� 34 X66 .,, G.c� _ :if Your • • Security �s our Lock & Safe Business Safe Sales & Service Access Control Systems DON LOCKE, Owner 113 West Third • Rifle, CO 81650 • 625-3357 eeig 0 poi 0 C 1982 Highway 13 • Rifle, CO 81650 1-800-338-2.915 FAX (303) 625-0607 (303) 625-1680 02/20 '97 P:18 • • • ID : COMf1ONWWEALTH TITLE CO k1 � Reco/dc1a1 �r:.- u'Onck Receylbn (•i4.. `_1.1S.L1Ii - FAX:970-62 -3305 it ...._. O E C WARRANTY DEED 6 1-111S OU. D,Afade lha 2 rid 4aY at DECEMBER 19 9. Mt.c0$ MICHAEL V. MILLER Ihe 1DMly l.( Colorado, janlar, and KENNETH S. ROSE afire cowers. and 51 ate al PAGE anO,0924'. I CSi j OEL 16 EU r (1ARFlE1b Sumo Doc. Fee P 9.00 .hpuleplad4rouu 200 WEST 20TM STREET, RIFLE, CO 01650 (p. O. 80 < 1632 Rifle. CO 81650) nd>ule of COWr•.Ta, grana. of14a Co 41yo4 GARFILLD tYITRFSSEM I. T14•1 Ihr p+nta, lot 404 in conaadenlwn d IM sum of DOI.I .\RS. •••Tt1F4TT Tt.WSA0f 440 so/10)••• and ow..yd. 1,•s try Mr 4.4401 04.1 9'.01, M.��1 y.n. Mo rw;p •n4 ..u<•Rwy d .h.eh s n.r'y aUrw.,•d940. n.. 9/41.440: 94,0..040.40{1 1 M no i..1 4.ow.M p9.'n« Inn wn4.o•."+."rt / any, 4.04.1•. Mn9 Sea Yr+q n' 1. o4n..y 4.M w.w�lm. unto m. COV'N. 4.1 han Rq .ELD 4'r^' R.0 su,• d (0.4,4 4 d.fu1w4 •. bro.+. C4„nry e+ GARf1ELO ALL THAT PART OF THS SOUTHWEST ONE..QUARTER OF THE SOUTHWEST ONE-QUARTER (SW1/45W1/4) OF SECTION 5, TOWNSHIP 5 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING NORTHERLY AND EASTERLY OF COLORADO STATE HIGHWAY 13 ■410o.nb1*•o.1'ndnu0b.,.a: 10296 NORTH HIGHWAY 13, RIFLE, CO TODFTHER .Mn 44 4r4 4,444, Mr #4,40.4..."1 0M .O9.0410 '000 IM,00 O'0,4In9, a.n an 1Mwt Ir144.4•,401 4.4 ,.m..nd«1 N,•.4.. 04,,31 +n4 adw. Ih«44r, 404 M IM 14410. Now. htl', Yr 9/4011/, 4140/ w 10r a I lo" . d. 4. 3,5 10 no 434+•4 $rya.004 OI•Iw:N4...h kN h4,44^4^,4 1104 404/4.41//, TO MAYS AMO TO ,404.0iR. ..•d 4.10...1 041.4 aLw�. 9+'d 4.M 6.aer1sla..an Ms 43/'+.0104'1 04 14'040. 4,4 IM 4,1^10,. 1a 11,m305.1,m305.hH h44, ' and 4«fanod Np10 /440..'1, 4..4 4..40444rim .40, b.,9a.^ lr 0. 19ns, 14L al Ina I....1 4r Ih. 4.44E ^q 40.1 444.9r 4.9 4.n...* M » 1440 4.4:r14 4r 0'. 4.4..441 4l 440 Indallaa'bl• •d•1e a 4#.0401., P if.. 41 1a1 93.94*, And PAI 2400 0901. 40* 40.4 440 1..4,0 4ulna N nom.;4nd 14.•.. .1 La• 44, 04 4404 '04 1004 L4 444 .M Wm 4,r R ha411 ,.•, end .440, Oran awlma1.'44 wrwon410.444.ndau' .,lwn.,aw.w,4�,aor g•netal texts and 1994 end subsequent years. U. 0. ',stint res■rvetiOn wsy end restrictions, of record +14* 4,0TN4 9.4l end .11 WAWU, fE� 1h 4T IN0 yER OEIns spw'2a1g4040 4404444 In P. o..1N. K.0.•,•0 044 g04. 44414* M .,d ..Ry per*, R3. 9.0,1 t ..My d.v'wo g 03 3#.4 •• a y 400 4343 1M 4{orL N.. aWu44.104 1' .^114 d anyh9,l1.' dd../ WW1 M •0040.44 140* 9'404. W 9+fVN THE I3 / 0c/d,, y�R lye n,4. d.sd en IN 4444 rt (oAn s0a.e. MICHAEL V. MILLER STA1 OF COLORADO Co4nlya GARFIELD TAe Torego:0l ins' ma'am was 4l lo.kdrld baler.;tn4 4440 2nd by MICHAEL V. MILLF.a 4m (0..4µ'°01 V"44 04/29/98 ,;7,".5,\L TT'! P,1 I( '4;:r-:,.'scy,,,-:. ''''''''''':,'\,;(1:9'..7,./'': i t c iC,-.:.c s� ti `, :/orl 'ItCpnmo,..144h F.I. No W •+ \t` Cv C,111,?' r . RETURN T0: Kenneth S. Rags "^" po Box 1632 4401044.44.9,.. 440.r.9, 404 tM ,�•«won ."F ,I. 3•4•11, ON 413..440 .04+44.4,.' 00r. un4 d.4. q'•IV••. n:1 4«,4 404 +.air/ 4.3.4. 14 and 14044 140 9.3,4.4, • yon ay4d. Alta poa4. 344, 4.ao<1•' 0'4'.. e k, pH, 94.9•44. 344 wd con".Y Ino Wr•+ 340040,4. 44144. 440. 11044. 4.0441 .4'''• ss•Iements for the yep r •esements, rk9hts of 4..44'11• pe4.444 4n of 0.8 q•arl N. .� 140 ... .44 0/404./ 4044 w.d.,0• in. !S{-•" Aifle, c0 816 Riflo, GO 8 650 • United States Department of Agriculture Soil Conservation Service In Cooperation with the Colorado Agricultural Experiment Station • Soil Survey of Riffle Area, Colorado Parts of Garfield and Mesa Counties • vey map was compiled by the U.S. Department of Agriculture, 'ation Service, and cooperating agencies. Base maps are -aphs prepared by the U.S. Department of Interior, Geolog- rom 1980 aerial photography. Coordinate grid ticks and land iers, if shown, are approximately positioned. 5 000 4 000 3 000 2 000 1 000 (Joins scr Scale - 1:24Cr RIFLE AREA, COLCP" "' RIFLE AREA, COLORADO 13 and the Icw.vsr part is brown gravelly sandy loam about 5 inches thick. The substratum is sand, cobbles, and gravel to a depth cf 60 inches. PermeabilEry of the Atencio soil is moderate, and avail- able water capacity is low. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is slight. The Azeitir.e soil is deep and well drained. Typically, the surface !ager is reddish gray gravelly sandy loam about 8 inches thick. The underlying layer is reddish brown gravelly sandy loam about 10 inches thick. The substratum is calcareous sand, gravel, and cobbles to a depth of 60 inches or more. Permeability of the Azeltine soil is moderately rapid, and water capacity is very low. Effective rooting depth is about 60 inches or more. Surface runoff is slow, and the erosion hazard is slight. These soils are used mainly for grazing and crops. Alfalfa, srr.ail grains, potatoes, and grass -legume hay are the main crops. This soil is irrigated mainly by flooding. Grassed water- ways and minimum tillage prevent serious erosion. Cover crops or stubble mulching in dryfarmed areas also reduce erosion. - The native vegetation on these soils is mainly wheat- .rass, sagebrush, and needleandthread. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Seeding improves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Reducing brush improves the range. Pheasant, dove, rabbit, squirrel, and some deer find food and shelter on these soils, mainly in areas of crops. Use of this soil for community development or as a source of construction material is limited by the large stones. Special design is needed for septic tank absorp- tion fields because of seepage and the possibility of polluting ground water. This complex is in capability subclass IVs, irrigated, and Vls, nonirrigated. 9—Badland. This broadly defined unit consists of steep and very steep, nearly barren land dissected by many intermittent drainage channels that have cut into the soft shale and sandstone of the Green River Forma- tion and into the soft shale and siltstone of the Wasatch, Mancos, and Mesa Verde Formations. Badland occurs throughout the survey area, mainly on steep foothills and iountainsides that have outcrops of shale or sandstone. About 85 percent or more of the area is unvegetated. �he water erosion hazard is very severe, and erosion is active. About 15 percent of this map unit is small, isolated areas of Lazear, Tanna, and Dollard soils. These scis have only a sparse plant cover, mainly scattered pinyon and juniper. The value for grazing is very limited. The trees provide a little protection and cover for livestock and wildlife. Badland is unsuitable for community development. Badland is in capability subciass Vllle, nonirrigated. 10—Begay sandy loam, 1 to 6 percent slopes. This deep, well drained, nearly level to gently rolling soil is on alluvial tans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. This soil formed in alluvium derived from red -bed sandstone and shale. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is red or yellowish red sandy loam about 14 inches thick. The subsoil is yellow- ish red fine sandy loam about 10 inches thick. The sub- stratum is yellowish red stony sandy loam to a depth of 60 inches. Included with this soil in mapping are small areas of Olney and Ascalon soils that have slopes of 6 to 12 percent. These areas make up about 5 to 10 percent of the map unit. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is 60 inches. Surface runoff is slow, and the erosion hazard is moder- ate. This soil is used mainly for some irrigated pasture and hay and for grazing. Small acreages of wheat, barley, and oats are grown. Flooding and sprinklers are suitable for irrigating this soil. This soil is droughty and needs frequent irrigation to mature crops. Controlling the rate of water application reduces piping and erosion. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Seeding improves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, squirrel, mourning dove, chukar, and some mule deer find habitat on this soil. Use of this soil for community development and as a source of construction material is limited by seepage, large stones, and excess fines. This soil is in capability subclasses Ille, irrigated, and IVe, nonirrigated. 11—Begay sandy loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil • • • 28 SOIL SURVEY Permeability of the Morval soil is moderate, and availa- ble water capacity is moderate. Effective rooting depth is 60 inches. Surface runoff is medium, and the erosion hazard is mcderate. The Tridell soil is deep and well drained. Typically, the surface layer is brown stony loam 10 inches thick. The upper part of the underlying material is brown very stony loam 11 inches thick, and the lower part is pinkish white very stony loam to a depth of 60 inches. Permeability of the Tridell soil is moderately rapid, and available water capacity is low. Effective rooting depth is 60 inches. Surface runoff is medium, and the erosion hazard is moderate. Included with these soils in mapping are small areas of Villa Grove and Zoltay soils on the steeper parts of the landscape. These areas make up about 15 percent of the map unit. These soils are used mainly for grazing. The native vegetation on the Morval soil is mainly needleandthread, wheatgrass, and sagebrush. The native vegetation on the Tridell soil is mainly pinyon, Utah juniper, and some Rocky Mountain juniper and an understory mostly of wheatgrass, Indian ricegrass, need- leandthread, junegrass, serviceberry, bitterbrush, moun- tainmahogany, and big sagebrush. When range condition deteriorates, forbs and shrubs increase. Properly managing grazing maintains and im- proves range condition. Seeding improves range in poor condition on gently sloping Morval soils. Bluebunch wheatgrass, western wheatgrass, and needleandthread are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Reducing brush improves range that is producing more shrubs than are normally found in the potential plant community. Properly manag- ing the vegetation on the Tridell soil maintains wood production and grazing. Selectively thinning pinyon and juniper improves grazing and provides firewood, posts, and Christmas trees. The Tridell soil is suited to production of pinyon and Utah juniper. It can produce 8 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foot) of 5 inches. Special care is needed to prevent erosion during harvest. The low avail- able water capacity affects survival of seedlings. Mule deer, wild turkey, and squirrel find habitat on these soils. Community development is limited by large stones. Cut slopes are difficult to revegetate because of the stones and because of the shrink -swell potential and frost action of the Morval soil. This complex is in capability subclass Vle, nonirrigated. 46—Nihill channery loam, 1 to 6 percent slopes. This deep, well drained, nearly level to gently sloping soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. The soil formed in alluvium derived from Green River shale and sandstone. The average annual precipitation is about 13 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 125 days. Typically, the surface layer is light gray and very pare brown channery loam about 11 inches thick. The upper part of the underlying material is very pale brown very channery loam about 14 inches thick, and the lower part is very pale brown extremely channery sandy loam and extremely channery loam to a depth of 60 inches. Included with this soil in mapping are small areas of Arvada and Ildefonso soils. The Arvada soils are nearly level, and Ildefonso soils are steeper. These areas make up 10 to 15 percent of the map unit. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is 60 inches. Surface runoff is slow, and the erosion hazard is moder- ate. This soil is used mainly for grazing and wildlife habitat. Some small areas are in irrigated hay and pasture. This soil is usually irrigated by flooding. Sprinklers are also suitable. Since this soil is droughty, frequent irriga- tion is needed to grow hay or pasture. Drop structures in irrigation ditches prevent ditch erosion. Keeping the irri- gation run short prevents too deep percolation. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Mule deer, cottontail rabbit, chukar, and squirrel find habitat on this soil. This soil has few limitations for community develop- ment. Community sewage facilities will be needed if pop- ulation density increases. This soil is in capability subclasses IVe, irrigated, and Vle, nonirrigated. 47—Nihill channery loam, 6 to 25 percent slopes. This deep, well drained, moderately sloping to hilly soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. This soil formed in alluvium derived from Green River shale and sandstone. The average annual precipitation is about 13 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 125 days. Typically, the surface layer is light gray and very pale brown channery loam about 11 inches thick. The upper part of the underlying material is very pale brown very channery loam about 7 inches thick, and the lower part is very pale brown extremely channery sandy loam and extremely channery loam to a depth of 60 inches. • • • 64 SOIL SURVEY Limon series The Limon series consists of deep, well drained soils that formed in alluvium derived from shale. Limon soils are on alluvial fans. Slopes are 3 to 12 percent. The average annual precipitation is about 14 inches, and the average annual air temperature is about 48 degrees F. Limon soils are similar to the Dollard and Heldt soils. Dollard soils have a frigid temperature regime. Heldt soils have an argillic horizon. Typical pedon of Limon silty clay loam, 3 to 12 percent slopes, 2,900 feet west and 550 feet south of the north- east corner of section 10, T. 5 S., R. 92 W.: A1-0 to 5 inches; light brownish gray (2.5Y 6/2) light silty clay loam, dark grayish brown (2.5Y 4/2) moist; weak fine granular structure; slightly hard, friable, slightly sticky and slightly plastic; calcareous; moder- ately alkaline; clear smooth boundary. AC -5 to 11 inches; light brownish gray (2.5Y 6/2) heavy silty clay loam, dark grayish brown (2.5Y 4/2) moist; weak medium subangular blocky structure parting to weak fine granular; hard, friable, slightly sticky and slightly plastic; calcareous; moderately alkaline; clear smooth boundary. C1-11 to 22 inches; light brownish gray (2.5Y 6/2) heavy silty clay loam, grayish brown (2.5Y 5/2) moist; weak coarse subangular blocky structure; hard, firm, sticky and plastic; calcareous; moderately alkaline; gradual smooth boundary. Cca-22 to 60 inches; light gray (2.5Y 7/2) heavy silty clay loam, light brownish gray (2.5Y 6/2) moist; mas- sive; hard, friable, sticky and plastic; visible calcium carbonate accumulations as concretions and myce- lia; calcareous; moderately alkaline. Cracks more than 0.4 inches wide and 12 inches deep normally form when soil is dry. The A horizon has hue of 2.5Y or 5Y, value of 5 or 6 dry and 4 or 5 moist, and chroma of 2 or 3. The C horizon has hue of 2.5Y or 10YR and value of 6 or 7 dry and 5 or 6 moist. Calcium sulfate crystals often occur in the lower portion of this horizon. Morval series The Morval series consists of deep, well drained soils that formed in alluvium derived from basalt and sand- stone. Morval soils are on mesas and valley sides. Slopes are 3 to 12 percent. The average annual precipi- tation is about 15 inches, and the average annual air temperature is about 44 degrees F. Morval soils are similar to Detra and Villa Grove soils. Detra soils have a mcllic epipedon more than 17 inches thick. Villa Grove soils have a calcium carbonate content of less than 15 percent. Typical pedon of Morval loam, 3 to 12 percent slopes, about 500 feet south of the northeast corner of section 4, T. 7 S., R. 93 W.: A1-0 to 2 inches; brown (7.5YR 5/2) loam, dark brown (7.5YR 3/2) moist; weak medium platy structure parting to moderate fine granular; slightly hard, fri- able; calcareous; mildly alkaline; clear wavy bound- ary. A3-2 to 5 inches; brown (7.5YR 5/2) loam, dark brown (7.5YR 3/2) moist; moderate fine subangular blocky structure; slightly hard, friable, slightly sticky and slightly plastic; 10 percent gravel; calcareous; mod- erately alkaline; clear wavy boundary. B21 t-5 to 10 inches; brown (7.5YR 5/2) clay loam, dark brown (7.5YR 3/2) moist; moderate medium suban- gular blocky structure; hard, firm, sticky and plastic; 10 percent gravel; common thin clay films on peds; calcareous; moderately alkaline; clear wavy bound- ary. B22tca-10 to 17 inches; light brown (7.5YR 6/4) clay loam, brown (7.5YR 5/4) moist; moderate medium subangular blocky structure; hard, firm, sticky and plastic; 10 percent gravel; common thin clay films on peds; calcareous; fine irregular lime filaments; mod- erately alkaline; clear wavy boundary. B3ca-17 to 27 inches; light brown (7.5YR 6/4) stony clay loam, brown (7.5YR 5/4) moist; weak moderate subangular blocky structure; hard, firm, slightly sticky and slightly plastic; 20 percent stones; calcareous; medium soft lime concretions; moderately alkaline; gradual wavy boundary. Cca-27 to 60 inches; pink (7.5YR 7/4) stony loam, light brown (7.5YR 6/4) moist; massive; slightly hard, fri- able, nonsticky and nonplastic; 20 percent stones; calcareous; medium soft lime concretions; moder- ately alkaline. The A horizon has hue of 7.5YR or 10YR, value of 4 or 5 dry and 2 or 3 moist, and chroma of 2 or 3. The B horizon has hue of 7.5YR or 10YR, value of 5 or 6 dry and 3 to 5 moist, and chroma of 2 to 4. The C horizon has hue of 7.5YR or 10YR. Calcium carbonate content ranges from 15 to 25 percent. Nihill series The Nihill series consists of deep, well drained soils that formed in channery calcareous alluvium. Nihill soils are on alluvial fans and valley sides. Slopes are 1 to 25 percent. The average annual precipitation is about 13 inches, and the average annual air temperature is about 48 degrees F. Nihill soils are similar to Chilton soils. Chilton soils are redder in hue. • • • RIFLE AREA, COLORADO 65 Typical pedon of Nihill channery loam, 6 to 25 percent slopes, about 1,200 feet south of the northwest corner of section 21, T. 6 S., R. 96 W.: A1-0 to 4 inches; light gray (10YR 7/2) channery loam, grayish brown (10YR 5/2) moist; weak medium granular structure; soft, friable, slightly sticky and slightly plastic; 20 percent channery fragments; cal- careous; moderately alkaline; clear smooth bound- ary. AC -4 to 11 inches; very pale brown (10YR 7/2) chan- nery loam, brown (10YR 5/3) moist; moderate medium granular structure; slightly hard, friable, sticky and plastic; 30 percent channery fragments; calcareous; moderately alkaline; gradual smooth boundary. C1 ca -11 to 18 inches; very pale brown (10YR 7/3) very channery loam, brown (10YR 5/3) moist; massive; slightly hard, friable; 40 percent channery fragments; common visible calcium carbonate nodules and oc- casionally scattered gypsum crystals in lower part of horizon; moderately alkaline; gradual wavy boundary. C2ca-18 to 60 inches; very pale brown (10YR 7/3) stratified extremely channery sandy loam and loam, pale brown (10YR 6/3) moist; massive; slightly hard, friable; 75 percent channery fragments; calcareous; moderately alkaline. Channery fragments cover 20 to 50 percent of the surface. Most coarse fragments in the C1ca and C2ca horizons have thin coatings of calcium carbonate on the underside and are fragments of sandstone less than 3 inches long and 1/2 to 1 1/2 inches thick; they make up more than 35 percent of the profile. Reaction is mildly alkaline to moderately alkaline throughout. The A and C horizons have hue of 2.5Y to 7.5YR, value of 5 to 7 dry and 4 to 6 moist, and chroma of 2 to 4 dry and moist. Northwater series The Northwater series consists of deep, well drained soils formed in residuum from sedimentary rock. North - water soils are on mountainsides. Slopes are 15 to 65 percent. The average annual precipitation is about 20 inches, and the average annual air temperature is about 40 degrees F. Northwater soils are similar to Rhone soils. Rhone soils do not have a skeletal control section. Typical pedon of Northwater loam, 15 to 65 percent slopes, about 1,000 feet east and 75 feet north of the southwest corner of section 12, T. 5 S., R. 96 W.: 02-2 inches to 0; organic material. A11-0 to 10 inches; brown (10YR 4/3) loam, very dark grayish brown (10YR 3/2) moist; moderate fine granular structure; soft, very friable, slightly sticky and slightly plastic; many fine and very fine roots; neutral; clear smooth boundary. Al2-10 to 25 inches; dark grayish brown (10YR 4/2) loam, very dark brown (10YR 2/2) moist; moderate fine granular structure; slightly hard, very friable, slightly sticky and slightly plastic; many fine and vary fine roots; 10 percent fragments which are mainly less than 1 inch in diameter; clear wavy boundary. B2t-25 to 50 inches; light brown (7.5YR 6/4) very chan- nery clay loam, dark brown (7.5YR 4/4) moist; mod- erate medium subangular blocky structure that parts to moderate fine subangular blocky; hard, friable, sticky and plastic; common medium and large roots; common thin clay films and organic coats on peds and along root channels; 50 percent channery frag- ments, mostly 3/4 inch to 3 inches long; neutral; clear wavy boundary. R-50 inches; fractured sandstone. Depth to bedrock is more than 40 inches but generally is less than 60 inches. The mollic epipedon ranges from 20 to 35 inches in thickness. Depth to the top of the argillic horizon is 24 inches or more. Reaction is slightly acid to mildly alkaline throughout. The A horizon has hue of 7.5YR to 2.5Y, value of 4 or 5 dry and 2 or 3 moist, and chroma of 2 or 3. Content of rock fragments is generally less than 15 percent. The B horizon has hue of 7.5YR to 2.5Y, value of 6 or 7 dry and 4 or 5 moist, and chroma of 3 or 4. Content of rock fragments, which are mostly thin and flat and mainly 3/4 to 3 inches long, ranges from 35 to 65 percent. The C horizon, where present, has hue of 7.5YR to 2.5Y and contains as much as 85 percent rock fragments. Olney series The Olney series consists of deep, well drained soils that formed in alluvium derived from sandstone and shale. Olney soils are on nearly level alluvial fans and valley sides. Slopes are 1 to 12 percent. The average annual precipitation is about 14 inches, and the average annual air temperature is about 48 degrees F. Olney soils are similar to Potts soils. Potts soils are less than 35 percent fine and coarser sand in the control section. Typical pedon of Olney loam, 3 to 6 percent slopes, about 1,400 feet north and 100 feet west of the south- east corner of section 6, T. 6 S., R. 91 W.: Ap-0 to 12 inches; grayish brown (10YR 5/2) loam, dark grayish brown (10YR 4/2) moist; weak medium subangular blocky structure parting to weak medium granular; slightly hard, very friable; neutral; clear smooth boundary. B2t-12 to 18 inches; grayish brown (10YR 5/2) sandy clay loam, dark grayish brown (10YR 4/2) moist; weak medium prismatic structure parting to moder- Jan -15-97 09:46P Ke>th S. Rose Form No. GWS -2E' APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 KENNETH S ROSE 10286 HWY 13 RIFLE CO 81650- 94110 625 4454 P_03 EXST WELL PERMIT NUMBER 046729 DIV. 5 CNTY. 23 WD 39 DES. BASIN MD Lot: Block: - EXPANS ON OF USE OF-AN-BEGSTING WELL Filing: Subdiv: PONDEROSA APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 5 Twp 5 S RANGE 93 W 6th P.M. DISTANCES FROM SECTION LINES 1320 Ft. from South Section Line 794 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) 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 rignt from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the expansion of use of an existing well, permit no. 185364 (canceled), appropriating ground water tributary to the Coiorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, Is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan fcr augmentation. WDWCD contract #960510KR(a). 4) The use of ground water from this well is limited to ordinary household purposes Inside two (2) single family dwellings, the Irrigation of not more than 24,000 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation Is in effect. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The average annual of amount of ground water to be appropriated shall not exceed two (2) acre-feet (651,700 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well shall be located not more than 200 feet from the location specified on this permit, and not less than 600 feet from any existing well. 9) The owner shall mark the well In a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This permit has been approved for a distance of 1320 feet from the south section line to be consistent with the %, w. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.),I) OWNERS COPY APPROVED JD2 Receipt No. State En4111eeq 0401252 f DATE ISSUED JUN 2 0 1995 EXPIRATION DATEJUW 2 O 1997 Jan -15-97 09:47P Kenneth S. Rose • 970 625 4454 P.04 • 1 Contract 1 960510KR(a) Map 17 DateActivatedD t 2 eb 5/1 5 /9 6 WEST DIVIDE WATER CONSERVANCY DISTRICT Name of Applicant: Water Allotment Contract Ylr1L 2L S Rs Quantity of water in acre feet 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- Ire Jar -15-97 09:48P Kenneth S. Rose 970 625 4454 • • 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 Diatrict'a 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- n P.05 Jan -15-97 09:49P Kenneth S. Rose • • 970 625 4454 P.06 • • 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. /f 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- Jan -15-97 O9:51P Kenneth S. Rose 970 625 4454 • • • 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 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. Reoresentations: 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- w P.O7 Jan -15-97 09:52P Kenneth 5. Rose • 970 625 4454 P.08 i• 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 referencethereto 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 TEE 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. APPLICANT: APPLICANT: n14.41-4 c; APPLICANT ADDRESS: 10-M c 1-k0)/ /5 giFt-e, co_ 816,sd STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this 104,, day of '(`(1Q.n , 19S, by .S? ,rult'� 42,0S witness my hand and official seal. My commission expires: \.) -CI-aR Not�:�i 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. ATTEST: AT- Secretary WEST DIVIDE WATER CONSERVANCY DISTRICT By President Date4::, /S2 j ? 5 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- • / r Jan -15-97 O9:52P Kenr 1)m '9 T55 th S. 97 S25 4454 P.O9 1r...: — n ..,�3 Diver1t of slon 1 L to '.R :. FA 1 ' I I•- -r _L I I 1 1 1 L �' , 1 I �� I 1 36 R95W 580 6 1 1 r I FonF�-�'J..........1 • '1 84 '63 — J 19 1 T +\N.; •• I t 19 I r- 27. ; I � ^ 31 24 34 •..... .- Jan -15-97 09:54P Ke_eth S. Rose 9- 625 4454 P.10 FORM NO; c.+s•31 it%90 • WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO. OFFICE OF THE STATE ENGINEER For onMct uM onb I1. WELL PERMIT NUMBER 8s- 3 (0 2. _i OWNER NAME(S) VelAr1� Pr, S Qtf,S{ Mailing Address SSA Lr 1L -w.4 1'S City, St. zip Q:Alf__ ( o gt L5 e) Phone (i7.-0 ) (.0ZS 443'- WELL LOCATION AS DRILLED• 5 CO 1/4 $ LJ 1/4, Sec, 5 Twp. 5 S , Range 9A , W • 3. DISTANCES FROM SEC. UNES: ) 3D,n It. from Sec. line. and -7-9(; f ft. from W eb Sec. line. OR _co ,)4-1-, (north a sown) (asst of west) LOT BLOCK FIUNG(UNR) . SUBDIVISION: STREET ADDRESS AT WELL LOCATION: Al4. GROUND SURFACE ELEVATION ft. DRILLING METHOD 4 /t / L� a/A'// • DATE COMPLETED ki -)-qr) TOTAL DEPTH7- r ft. DEPTH COMPLETED O ft. . 5. GEOLOGIC LOG: Sin. Colo). Watt Locencc) 6. OIAM. (in.) From (ft) To e?) Copia, Description of fiel (Type. 1. 0 47 -. i M -3- _ Iii- A- -•1i ivy-,' , 7. PLAIN CASING OD (in) Knd Wall From(ft) To(ft i4/,,','' p I/ G-�L.., lU 1 0 w7- Le 3.- -,.14 1trC - 0-4, , PERF. CASING: Screen ..Slot Size: d _ 7 ."-. , , C p(/ I 4 �1 ,9 .-rj l `f, %"e,'?. e - 1 Com-- 77'-- 5 fr- .S:i1 _ ._' (: . 9. PACKER PLACEMENT: 8. FILTER PACK i; Mate - - -.. .. Type Size 0 Interval -) 70 - )- 5-0 Depth 10. GROUTING RECORD: Material Amount Density Intery Placement REMARKS:#�� /ts Lf -7- /9,0"1-/L/ 11. rte--�— DISINFECTION: Type 4--...i."4-Z,- A. Used ,. , 12. WELL TEST DATA: E Check, box if Test Data is submitted on Supplemental Form. TESTING METHOD /" 4 /c r 4 R cA 1 19/46-A",. ._2,/ Static Level /15 ft. Datefine measured ti - `T--- `T6, , Production Rate ts r7,5 gpm. ,- , Pumping level ft. OateTme measured , Test length (hrs.) 0 . Remarks_ 13. 1 haw read the staiam.na mad* h*nin and know the contrna th.rsof, and that they an true to rry knowi.dge. [Pursuant to Sactlon 24-4-104 (13)(a) C.AS, the mala+q of fad statements herein torso:Mutes penury in the second degree and 1 ptatishable as a eters 1 misdemeanor.' F Wt67-e.-2- I15 /iyc' Phone, 6';-696 Lie. No.) 2. CONTRACTOR /rI%P1574/ ti4Ir , / Mailing Address Name/Title (Please type or print) Signatu e �� Date Z Jan -15-97 09:55P Kenneth S. Rose 970 625 4454 • • SAMUELSON PUMP CO. INC. • P.O. BOX 297 WATER SYSTEMS GLENWOOD SPRINGS SALES, SERVICE & INSTALLATION COLORADO 81602 945-6309 • • September 2, 1996 Scott Rose 10286 Hwy 13 Rifle, Co. 81650 Attn; Scott On August 21, 1996 a well test was conducted on a well at 102865 Hwy 13. The following information was obtained; Well Depth 250'-0" Casing size (top) 7"(steel) Standing water level 51'-11" Max. drawdown to pump intake Production is 0.3 gpm This test was conducted with the existing pump and related equipment. The pump is a 1/2 hp. submersible. If you have any questions please call me Raun Samuelson at 945-6309. Sincerely; Raun Samuelson P.11 • • DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Application No. Consolidated cases: 95CW111/96CW166 RULING OF REFEREE 1 pcmm-ig2r al NOV 25 1996 h -n Af'1TJ'l nr IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF KENNETH ROSE AND THE UNITED STATES OF AMERICA for surface water rights IN GARFIELD COUNTY, Colorado. The above entitled Application was filed by Kenneth Scott Rose on June 19, 1995 and by the U.S.A. on June 3, 1996, and both cases were referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92 of Chapter 37, Colorado Re- vised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. 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 Applications are true. 2. Name of springs: Ponderosa Spring #1 and #2. 3. The name of the claimants and addresses are: Kenneth Scott Rose: 10286 Hwy. 13, Rifle, CO 81650 and United States of America: Bureau of Land Management, U. S. Dept. of Interior, Glenwood Springs Resource Area, P. 0. Box 1009, Glenwood Springs, CO 81602. 4. The source of the water is: Unnamed tributaries to Gov- ernment Creek and Colorado River. • • • Legal description of spring location: Ponderosa Spring #1: 2 T. 5 S., R. 93 W., 6th P.M. Sec. 5: NW1/4SW1/4: Approximately 1992 feet north of the south section line and 1014 feet east of the west section line. Ponderosa Spring #2: T. 5 S., R. 93 W., 6th P.M. Sec. 5: SE1/4SW1/4: Approximately 1154 feet north of the south section line and 1785 feet east of the west section line. GARFIELD COUNTY, COLORADO 6. The proposed use of the water is: UNITED STATES OF AMERICA RIGHT: Wildlife watering and wildlife habitat. KENNETH SCOTT ROSE RIGHT: Household, lawn & garden wa- tering, irrigation, fire protection, watering of livestock and domestic uses on 8.6 acres, with a maximum of two resi- dential dwellings, on land described as that portion of the SW1/4SW1/4 of Sec. 5, T. 5 S., R. 93 W. 6th P.M. lying northeasterly of St. Hwy. 13, also known as Lots 1 and 2, Ponderosa Subdivision. 7. Date of initiation of appropriation: USA: October 21, 1976 ROSE: December 2, 1994 8. Amount claimed: USA: 0.0070 cfs absolute for each spring. ROSE: 0.1666 cfs conditional for each spring. 9. Remarks: A. The rights of U.S.A. in said springs are senior to those of Kenneth Scott Rose, whose rights are sub- ject to the Special Stipulations attached hereto. • • • 3 B. To the extent any of the above rights are condi- tional water rights, the applicant therefore shall, pursuant to C.R.S 37-92-301(4)(a)(I), and unless previously made absolute or abandoned, file an application for a finding of reasonable dili- gence in the month of DFC:FMRFR , 2002 to maintain such conditional right. The Referee, having examined the information submitted by the Applicants, and having completed the investigations necessary to make a determination in this matter, does find that said ap- plications should be granted and that: 1. An absolute decree for 0.0070 cfs is hereby awarded to The United States of America for the Ponderosa Spring #1 for wildlife watering and wildlife habitat, with appropriation date of 10/21/76, 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. 2. An absolute decree for 0.0070 cfs is hereby awarded to The United States of America for the Ponderosa Spring #2 for wildlife watering and wildlife habitat, with appropriation date of 10/21/76, 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. 3. A conditional decree for 0.1666 cfs is hereby awarded to Kenneth Scott Rose for the Ponderosa Spring #1 for Household, lawn & garden watering, irrigation, fire protection, watering of livestock and domestic uses on 8.6 acres, with a max- imum of two residential dwellings on land described as that por- tion of the SW1/4SW1/4 of Sec. 5, T. 5 S., R. 93 W. 6th P.M. ly- ing northeasterly of St. Hwy. 13, also known as Lots 1 and 2, Ponderosa Subdivision;, with appropriation date of 12/2/94, sub- ject however to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such pri- orities and changes of rights in accordance with law. 4. A conditional decree for 0.1666 cfs is hereby awarded to Kenneth Scott Rose for the Ponderosa Spring #2 for Household, lawn & garden watering, irrigation, fire protection, watering of livestock and domestic uses on 8.6 acres, with a max- imum of two residential dwellings on land described as that por- tion of the SW1/4SW1/4 of Sec. 5, T. 5 S., R. 93 W. 6th P.M. ly- ing northeasterly of St. Hwy. 13, also known as Lots 1 and 2, Ponderosa Subdivision;, with appropriation date of 12/2/94, sub- ject however to all earlier priority rights of others and to the • • (Fy)/// • IreAgUIV& JAN 11997 L 4 integration and tabulation by the Division Engineer of such pri- orities and changes of rights in accordance with law. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial review. It is filed with Engineer,, further ORDERED that a copy of this Ruling shall be the appropriate Division Engineer and the State Dated: U -22 raccc Copy of the toregovi ma edt — t BY Counsel of record-•- ate2 Referee, ---Div. Engineer ---and -4 , State Engineer�Date c/ Deputy Clerk WNW IIN. Na 5 No protest was filed is confirmed and approved this Court. Date: CERTIFICATE OF MAILING C', -!reify that a copy of ,_ng was m :d to all ,_ounsel ee day o g 7' Water Water State Referee Division No. 5 of Colorado in this matter. The foregoing Ruling and is made the Judgment and Decree of Water Judge • Oct -01-96 O5:51A Ken , S. Rose 974 525 44541 P.02 • • • FORM 2800-14 ISSUING OFFICE (August 1985) Glenwood Springs Resource Area UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT SERIAL NUMBER COC -59339 1. A right-of-way is hereby granted pursuant to Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761) . 2. Nature of Interest: a. By this instrument, the holder: Kenneth S. Rose 10286 Highway 13 Rifle, Colorado 81650 receives a right to use, maintain, and terminate a water pipeline system with intake structures on public lands as follows: Sixth Principal Meridian, Colorado T. 5 S., R. 93 W. sec. 5, lots 16, 17 b. The right-of-way or permit area granted herein is 15 feet wide, 1350 feet long and contains 0.46 acres, more or less. c. This instrument shall terminate on December 31, 2026, 30 years (plus or minus) from its effective date unless, prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. d. This instrument may be renewed. If renewed, the right-of-way or permit shall be subject to the regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. e. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandonment, or termination, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant. 3. Rental: For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value as determined by the authorized officer unless specifically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever necessary, to reflect changes in the fair market value as determined by the application of sound business management 'Oct' -01-96 O5:52A Kenny -}h S. Rose ID 970 625 44541 P.03 • • principles, and so far as practicable and feasible, in accordance with comparable commercial practices. 4. Terms and Conditions: a. This grant or permit is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations part 2800. b. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 90 days, or otherwise disposed of as provided in paragraph (4)(d) or as directed by the authorized officer. c. Each grant issued for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer at the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be reviewed at any time deemed necessary by the authorized officer. d. The stipulations, plans, maps, or designs set forth in Exhibits A & B , dated September 27, 1996, attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety. e. Failure of the holder to comply with applicable law or any provision of this right-of-way grant or permit shall constitute grounds for suspension or termination thereof. f. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. IN WITNESS WHEREOF, the undersigned agrees to the terms and conditions of this right-of-way grant or permit. (Signature of Holder) (Signature of Authorized Officer) (Title) (Title) (Date) (Effective Date of Grant) • • Oct -01-96 05:52A Kenneth S. Rose 4 .3. g •:• RIGHT-OF-WAY COC -59339 ---- PIPELINE AND SPRING BOX Sec. 5, T.5S., R.93W., 6th PM, COLO. HORSEMT. 7.5 QUAD. �ee-T//e.n46 -- 970 625 44541 '1G • 510. ; P.04 6600` _o• t) • • /, �.��,`✓ 11; o - Oo „ V 76�` T 5 5 670 000 ' .•--1,• -.1t FEET▪ , 4391 rte--e`co` .I L'. P j't• ' r 600 -�1 • J _ 4390 . 39'17'30" 107°52'30' •y. •d3 Topography from aerial photographs by multiplex metnocs Aerial photographs taken 1948. Field check 1952 Potyconic projection. 1927 North American Datum 10,000 -foot grid based on Colorado coordinate system. central zone 254 255 Mapped, edited, and published by the Geological Survey Control by USGS and NOS/NOAA Dashed land lines indicate approximate locations All mines are inactive unless otherwise indicated GIN I 121' 1.48' i! 222M11.932 MILS! 'l / II i 1 340000 FEET M,y 11 -•-• 50' 257 RIFLE I ?.70) 7 Ml. GLENW000 SPRINGS 34 ML 1 r- 1000 0 •Oct. -01-96 05:54A Kenneth S. Rose • • • 970 625 44541 P.05 • SPECIAL STIPULATIONS EXHIBIT B COC -59339 1. Any cultural and/or paleontological resource (historic or prehistoric site or object) discovered by the holder, or any person working on his behalf, on. public or Federal land shall be immediately reported to the authorized officer. Holder shall suspend all operations in the immediate area of such discovery until written authorization to proceed is issued by the authorized officer. An evaluation of the discovery will be made by the authorized officer to determine appropriate actions to prevent the loss of significant cultural or scientific values. The holder will be responsible for the cost of evaluation and any decision as to proper mitigation measures will be made by the authorized officer after consulting with the holder. 2. The holder(s) shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. In any event, the holder(s) shall comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.C. 2601, et seq.) with regard to any toxic substances that are used, generated by or stored on the right-of-way or on facilities authorized under this right-of-way grant. (See 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40 CFR 761.1-761.193.) Additionally, any release of toxic substances (leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR Part 117 shall be reported as required by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Section 102b. A copy of any report required or requested by any Federal agency or State government as a result of a reportable release or spill of any toxic substances shall be furnished to the authorized officer concurrent with the filing of the reports to the involved Federal agency or State government. 3. The holder of Right -of -Way No. COC -59339 agrees to indemnify the United States against any liability arising from the release of any hazardous substance or hazardous waste (as these terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq.) or the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901, et sea.) on the right-of-way (unless the release or threatened release is wholly unrelated to the right-of-way holder's activity on the right-of-way. This agreement applies without regard to whether a release is caused by the holder, its agent, or unrelated third parties. 4. The holder shall be responsible for weed control within the limits of the right-of-way. The holder is responsible for consultation with the authorized officer and/or local authorities for acceptable weed control methods. 5. Use of pesticides shall comply with applicable Federal and State laws. Pesticides shall be used only in accordance with their registered uses and within limitations imposed by the Secretary of the Interior. Prior to the use of pesticides, the holder shall obtain from the authorized officer written approval. 6. Construction activities will be conducted so as to disturb as little ground and vegetation within the right-of-way as possible. The holder shall conduct all activities associated with the construction, operation, and termination of the right-of-way within the authorized limits of the right-of- way. 7. The holder shall seed all disturbed areas with the seed mixture listed below. The seed mixture shall be planted in the amounts specified in pounds of pure live seed (PLS)/acre. The seed shall be certified and there shall be no primary or secondary noxious weeds in the seed mixture. The seed container tags shall be available for inspection by the authorized officer. Oct -01-96 O5:55A Kenn,-th S. Rose 970 625 44541 P.06 • • • • • EXHIBIT B Page 2 The seed mixture shall be evenly and uniformly planted over the disturbed area. Disturbed areas will be seeded within 24 hours after completing dirtwork. If the seed bed has begun to crust over or seal, the seed bed will be prepared by disking or other mechanical means sufficient to allow penetration of the seed into the soil. In addition, broadcast seed shall be covered by using a harrow, drag, or rake. The following mixture will be used: Species of Seed and Variety Lbs./acre Bluebunch wheatgrass, Secar Thickspike wheatgrass, Critana Indian ricegrass, Nezpar Small burnet, Delar 3.0 3.0 2.0 3.0 TOTAL: 11.0 Re -vegetation will be considered successful when the seeded species are established, weeds are considered a minimal threat, and other desired vegetation is invading into the disturbed area. The holder will continue re - vegetation efforts until this standard is met. 8. The spring box and point of diversion for the "Ponderosa #2" spring will be located at the lower end of the spring riparian area, this will be approximately 70 feet downslope from the main spring source. The spring box and point of diversion for the "Ponderosa #1" spring will be moved to the lower edge of the spring riparian area, this will be approximately 20 feet downslope from the main spring source. 9. The holder will subordinate his water right to the Bureau of Land Management (BLM) for wildlife use. 10. The holder will apply for an absolute water right, based on actual measured production of the spring developments, within six months of completing construction. 11. No enlargement of the water delivery system approved in the right-of-way grant will be allowed, now or in the future, for the purposes of serving additional subdivision lots. Any additional pipelines or structures to serve additional lots must be located on private land. 12. Surface disturbing activities shall be monitored at the time of the disturbance by a qualified professional archaeologist and the report of that monitor submitted on behalf of the holder and approved by the BLM unless otherwise stated. 13. In order to protect wintering big game, no work will occur between December 1 through April 30. The authorized officer may waive this stipulation depending on winter conditions. • • • District 39 ADMINISTRATIVE SUMMARY LIST PAGE 1 GOVERNMENT CR BY PRIORITY I 01/15/97 ADMIN ORD PRIORITY WATER RIGHT NET CUMULATIVE # 1 # ID NAME UNITS ABSOLUTE CONDITIONAL ABS/CFS COND/CFS ABS/AF COND/AF 13270.00000 69 616 MCKEAL NO 1 DITCH 2.000 13284.00000 1 71 617 MCKEAL NO 2 DITCH 0.800 20965.19462 166 723 MCKEAL NO 3 DITCH 0.360 20965.20093 DOM 7 724 MCKEAL NO 4 DITCH 0.300 23334.13605 101A 639 PIGGOTT DITCH AND RES 0.800 23334.16719 154BB3 706 C W D DITCH 0.500 23334.22021 117B 583 HELM DITCH 0.280 23334.23145 711 DURAND SPRING & PIPELINE 0.060 27865.00000 5604 ARCH SPRING 0.010 27865.00000 5609 HOGBACK SPRING 0.010 27979.22021 117B 583 HELM DITCH 1.220 30101.00000 5305 VERNES DOMESTIC WELL 0.033 37040.00000 5135 HUBBARD WELL 0.044 37503.22499 282 698 WOODTICK DITCH 5.600 37503.23496 283 658 REES DITCH 4.260 38891.00000 322 508 BEANE SPRING PIPELINE 0.002 43060.00000 5251 RUNYAN WELL NO 1 0.033 43712.00000 5007 ELLIOTT WELL 0.022 45655.36889 5322 WIGINGTON DIETRICH SP 1 0.040 45821.00000 870 RAY WALKER SEEPAGE D NO1 0.200 45826.00000 871 RAY WALKER SEEPAGE D NO2 0.300 46020.45826 872 RAY WALKER DOM DITCH 0.100 47112.00000 971 S AND M PUMP NO 1 47602.00000 5345 CORLETT SPRING 0.003 48438.00000 5012 ALVIN DEWITT SPRING NO 1 0.022 48577.48456 5512 SPRING G-4942310-1 0.007 48577.48456 5513 SPRING G-5930406-1 0.007 48577.48456 5514 SPRING G-5931105-1 0.001 48819.00000 5359 MONUMENT PEAK SPRING NO1 0.010 48942.48727 5381 HOGBACK SPRING NO 1 0.013 48942.48727 5382 HOGBACK SPRING NO 2 0.010 48942.48727 5383 HOGBACK SPRING NO 3 0.010 48942.48727 5384 HOGBACK SPRING NO 4 0.010 48942.48727 5385 HOGBACK SPRING NO 5 0.010 50674.00000 1052 ESTES GULCH PUMP 51499.22701 5012 ALVIN DEWITT SPRING NO 1 0.022 51864.51803 1067 BIG BUCKS WASTE &S DITCH 52230.50674 4015 UMTRA WW RETENTION BASIN AF 52595.21974 3512 W F MURPHY RESERVOIR AF 51.000 52595.28353 5025 BLACKMAN SPRING NO 1 0.001 52595.28353 * 5026 BLACKMAN SPRING NO 2 0.340 0.500 0.018 0.004 0.250 19.700 2.00 2.80 3.16 3.46 4.26 4.76 5.04 5.10 5.11 5.12 6.34 6.37 6.42 12.02 16.28 16.28 16.31 16.33 16.37 16.57 16.87 16.97 16.98 17.00 17.01 17.01 17.01 17.02 17.04 17.05 17.06 17.07 177.08 n n 17.10 GRAND TOTALS 17.10 0.84 0.86 n n n n n n n n 0.86 1.11 n n n n 51.00 n 1.11 51.00 19.70 n 19.70 • SOPRIS ENGINEERING • LLC • • CIVIL CONSULTANTS Kenneth S. Rose 10286 Highway 13 Rifle, CO 81650 November 11, 1996 RE: Ponderosa Subdivision, Sopris Engineering Project No. 96014.01 Dear Mr. Rose: A percolation test was done on-site at the location of the proposed septic field. The test was performed per Garfield County standards as required to determine the soil percolation rate. A profile hole of approximately eight feet in depth was dug and six inches to one foot of topsoil was encountered. The remaining soil was uniform in type and gradation. The test was performed on July 25, 1996 and the percolation rate was determined to be one inch in 35 minutes for hole #1, one inch in 27 minutes for hole #2 and 46 minutes for hole #3. The average is 37 minutes for one inch of percolation. The percolation rate was very uniform for the three holes and falls close to the middle of the required rate for a standard septic system. A standard septic system will be adequate for the on-site soils as long as the septic system is sized for the home. If you have any questions or need additional information, please let me know. Sincerely, Sopris Engineering, LLC Yancy Nichol, P.E. Project Engineer 1101 VILLAOE ROAD, SUITE UL_31; • CanaoNAaLE, CO 81623 • 970-704-0311 • FAX: 970-704-0313 Feb -19-97 06:33P Kenneth S. Rose 970 625 4454 P.02 • • RIFLE FIRE PROTECTION DISTRICT Ken Rose 10286 Highway 13 Rifle, Colorado 81650 April 16, 1996 Re: Subdivision Mr. Rose, As per our discussion on April 12, the Rifle Fire Protection District has reviewed your proposed subdivision of the property located at 10286 Highway 13. As we had discussed, your intentions are to take the property and split it into two parcels of approximately equal size. The intentions for the new piece of property are to put one single family dwelling on the parcel. This action does not make any significant impacts on fire protection requirements of the District. The main concern, as we had discussed, is that a defensible space should be created around the structure to help and protect it in the event of a wild land fire. Obviously, though not required, I would encourage you to work with the Fire District and your neighbors to identify potential water supplies for any fire suppression activities which may arise in the future. The Rifle Fire Protection District finds that this proposal complies with the current standards adopted by the District. Thank you for your cooperation and feel free to contact me if I can be of further assistance. Sincerely, Mike Morgan Fire Marshal Rifle Fire Protection District Telephone (970) 625-1243 • Fax (970) 625-2963 1850 Railroad Avenue • P.O. Box 1133 • Rifle, Colorado 81650 • • WEST DIVIDE WATER CONSERVANCY DISTRICT P. 0. BOX 1478 RIFLE, COLORADO 81650-1478 625-1887 Officers Board of Directors President 876-2821 Kelly Couey Kelly Couey 4745 C. R. 315 4745 C.R. 315 Silt, CO 81652 Silt, CO 81652 Vice President Samuel B. Potter 0598 C.R. 323 Rifle, CO 81650 Treasurer/Alternate Sec. LaVerne Starbuck 3106 C. R. 342 Silt, CO 81652 William M. Zilm 0090 Sunlight Dr. Glenwood Springs, CO 81601 LaVerne Starbuck 3106 C.R. 342 Silt, CO 81652 Larry S. Axthetm 1002 Cooper Ave. Glenwood Springs, CO 81601 Secretary William M. Zilm Samuel B. Potter 0090 Sunlight Dr. 0598 C.R. 323 Glenwood Springs, CO 81601 Rifle, CO 81650 May 16, 1996 Kenneth S. Rose 10286 Hwy 13 Rifle, CO 81650 Dear Mr. Rose: Enclosed is your approved contract #960510KR(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. • 1 Kenneth S. Rose May 16, 1996 Page 2 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. Sincerely yours, Mad d ocv anet Maddock Administrative Assistant 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 P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 • Mr. Kenneth S. Rose P.O. Box 1632 Rifle, Co 81650 Z4 IC4NELL4 4N0 455004TE5, INC. ENC�INEESING COi tSJJ4NTS February 20, 1997 RE: Ponderosa Spring #1 - Flow Measurements (970) 945-5700 (970) 945-1253 Fax ,I FEB 9 5 1997 IIII Dear Ken: We have prepared this letter to summarize our field measurements of the flow rate at Ponderosa Spring #1. The measurement dates and discharge rates are summarized in the following table. - Flow Measurements The October reading was measured at the spring prior to the construction of the spring box and underestimates the total spring production due to the lack of any collection facilities. The February measurement was taken following the completion of the spring development. The spring development included the construction of a spring box, infiltration gallery, pipeline, and two 1,500 gallon storage tanks and now services the existing home. The measurement was taken along the new pipeline at a hose connection below the storage tanks. The tanks were isolated during the test to measure direct spring flows. Additional uncaptured flows below the spring box were observed following the test. If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. Christophe Manera, P.E. cc: Mr. John W. Savage P.C. LA96339\rosel .wpd I Date FiOW (galimin) I Iovtir (gallday October 17, 1996 0.66 959 February 15, 1997 0.75 1,080 The October reading was measured at the spring prior to the construction of the spring box and underestimates the total spring production due to the lack of any collection facilities. The February measurement was taken following the completion of the spring development. The spring development included the construction of a spring box, infiltration gallery, pipeline, and two 1,500 gallon storage tanks and now services the existing home. The measurement was taken along the new pipeline at a hose connection below the storage tanks. The tanks were isolated during the test to measure direct spring flows. Additional uncaptured flows below the spring box were observed following the test. If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. Christophe Manera, P.E. cc: Mr. John W. Savage P.C. LA96339\rosel .wpd • 1 WELL AGREEMENT This agreement made and entered into this day of , 199 , by and between Kenneth S. Rose, 10286 Hwy. 13, Rifle, CO 81650 (Grantor), and of (Grantee). RECITALS WHEREAS, Grantor is the owner of Water Well, Permit No. , located in T. 5 S., R. 93 W., 6th P.M., Sec. 5: SWSW; and WHEREAS, Said well is intended to be the source of supply of domestic water, subject to the terms of said permit, for Lots 1 and 2, Ponderosa Subdivision. THEREFORE, the parties agree as follows: WITNESSETH For and in the consideration of the covenants and agreements herein contained, and other valuable consideration, the parties hereto agree: 1. Grantor hereby conveys to Grantee an undivided 1/2 in- terest in said well, subject to the terms and conditions of the Well Permit, West Divide Contract, and this agreement. 2. Grantee's use of said water shall be at their sole risk, cost, and expense. Grantor shall have no liability to Grantee for any defects in water quality or quantity. 3. Grantee shall pay 1/2 of all costs of operating, main- taining and repairing said well. Each well owner shall be solely responsible for maintenance and repair of the service line from the well to their respective residence. 4. Grantee agrees to indemnify and hold Grantor harmless against any damages to Grantee or others arising out of Grantee's use of said water and well. 5. Under no circumstances may any party use said water for any other uses other than as allowed pursuant to the well permit, West Divide Contract, and water right decree, if any. 6. Grantor shall have no liability for any variation or interruption in the water supply if the production from the well is restricted or shut down for any reason. 7. Should the production from the well be insufficient to supply all of the needs of each user, Grantee shall be entitled to 1/2 of the water produced from the well. • • 8. This Agreement shall accrue to the benefit of and be binding upon the successors and assigns of each party. GRANTOR: Kenneth S. Rose GRANTEE: STATE OF COLORADO COUNTY OF GARFIELD SS. The foregoing instrument was acknowledged before me this day of , 19 , by Kenneth S. Rose, as Grantor. WITNESS my hand and official seal My commission expires: STATE OF COLORADO COUNTY OF GARFIELD ss. 2 Notary Public The foregoing instrument was acknowledged before me this day of , 19 , by as Grantee. WITNESS my hand and official seal My commission expires: • Notary Public