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Home My WebLink About3.0 CorrespondenceSTATE OF CCLOT(ADO OFFICE OT THE STATE ENCINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Roonr 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3s89 Roy Romer Covernor ql :l Mr. Dave Michaelson, Planner Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Von Hagke Subdivision Exemption SW 1/4, Section 1,3,T 7 S, R 88 W, 6th P.M. Water Division 5, Water District 38 Dear Dave: Thank you for the referral for a subdivision exemption on a 35 acre parcel. The applicant proposes to split this parcel into two parcels of 10 acres and 25 acres. Although not specified, an existing permit, no. 153154, appears to be proposed as the source of water service to the two parcels. Permit no. 153154 was issued as the only well on a parcel of 42 acres described as lot 1, Hardy Hills Subdivision. This permit allows the well to serve up to three single-family dwellings, irrigate one acre of home lawns and gardens, and water domestic animals. As long as this permit is in effect, no other permits will be issued for this 42 acre parcel without a water court approved plan for augmentation. If this well is to be shared between the two parcels, we recommend the following in order to assure that a permanent water supply will be available on an equitable basis to both lots: A) The well should be located on an outlot owned in common by all p owners using the well. Access to the well and the right to establish a maintain a pipeline shall be provided by easements where necessary. B) The well should be jointly owned by the lot owners. C) Recorded covenants and/or other mechanisms should establish a owners association with powers to make decisions concerning managem and operation of the well. A joint maintenance agreement is a required pa of such an association. D) If the legal description of the parcel originally clesignated by permit 153754 has changed, a new permit, identitring the new parcel, must obtained. (Permit no. 153154 indicated the well was located on a 42 ac parcel, while this submittal indicates a 35 acre parcel). :f lames S. Lmhhead Executive Director Hal D. Simpson State EnBineer Post-it9 Fax Note 7671 )atelo^gfltl lf"3L"> Z, ro pp6( RLXaT-f From I^\^VE M Co./Dept.io h>*b Pr++1n1,^1q Phone #Phone# 145-8ZtZ rax* fS- Z'l1Z Fax# Xts^l1tst Mr. Dave Michaelson July 28, L994 Page 2 As an alternative, if the domestic permit is surrendered, household use only well permits would be available for each of the two parcels subject to the following conditions: The Colorado River system and its tributaries at this location are over-appropriated. As such, well permits applications in new subdivisions must be evaluated to Oeteimine if other water rights would be injured considering the cumulative effect of all proposed wells. It is likely that in many circumstances well permits could not be issued by our office without a water court approved plan for augmentation. However, under current statutes, if the Garfield Board of County Commissioners approves this split by exemption as defined in Section 30-28'101(10)(d) C.R.S., our office must evaluate the well permit applications as if the division of land occurred prior to June 1, 1972. Under current laws, Secti on 37 -92-602(3XbXID(A) C.R.S., and hydrologic conditions,it appears that our office could in this circumstance approve well permits for ordinary household purposes inside the single-family dwellings provided that the wells would be the only wells on the individual parcels, return flows would be to the same stream system in which the wells are located via non-evaporative disposal systems, and that evidence is submitted showing that the County has approved the parcel as an exemption. Absolutely no outside uses, including irrigation and the watering of animals, are allowed under this type of permit. If you have any questions regarding the water supply for this project, please contact this office. Sincerely, n \ *---'ytl ! /,fr,&r,?* Jeff Deatherage Water Resources Engineer cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner vonhagke.sub I.IF]TER RES.TEL:303-866-3589 Jul 29 94 15:i2 No.0D7 P.05 STATE OF COLORADO OTFICI OT THT STATI ENGINTER Ilivision of Wrter Rt.lsources lJeparlnrent of Nattrral Resour(es t 1i 3 5lrcrm.rn slrPer, R(xrnr 818 Dcnver, folor.rdo f0201 Phorto (3O3) 866'3581 lAx (.rul) 860-1589 July 28, 1994 Mr. I)ave Michaelsrrn, Planner Garfield County Building and Planning 109 8th Street, Suitc 303 Glenwood Springs, CO 81601 Roy Ronrer CoT,nmor larner 5. Lochhesd Ex&utiw Dirctor l'l.rl O. Slmryn Slate EnSinc{r RE: Von Hagke Subclivision Exernption SW 1/4, Section 13, T 7 S, R 88 W 6th P.M. Watcr Division 5, Water District 38 Deur Davc: Thank you ftrr the referral for a subdivision excmption ()n a 35 acre parcol. The applicant proposes ttt split this parcel into two parcels of 10 acres and 25 acres. Although not specified, an existing pennit, no. 153154, appears to be proposed as the source of water service to the two parcels. Permit no. 153l54 was issued as thc only well on a parcel of 42 acrcs described alr lot 1, Hardy Hills SubclMsion. This permit allt-rws the well to serve up to three single-tamily dwellings, irrigate one acre of honrc lawns and gardens, and water domestic l.nimals. As lorrg hs thili pernrit is in effect, no otlrer perrnits will be issued tbr this 42 acre. parcel without a waler court approvcd l)Jan for augrncntation, If this well is to be shared between the two parcels, we rocornrnend thc firllowing in order to assure that a permancnt water supply will be available on an equitable basis to both A) The well should be locatecl on an outlot owned in corrunon by all property owners using the well. Access to the well and the right to establish and mainuin a pipeline shall be provided by caserncnts where necessrlry. B) The well sirould be jointly owned by the lol owncrs. C) Recorded covenants and/or other mechanisms should establish a lot owners associatiort with powers to rnake decisions concerning manitgement and operation of the well. A joint maintenance agrcemcnt is a required part of snch an association. D) If the legal description of the parcel originnlly rlesignated by perrnit no. 153154 has changecl, a new perfirit, iclentifyirrg the new pirrcel, nrust be obtained. (Pemrit no. 153154 indicated the well was loc.atecl on a 42 acrc parcel, while this subrnittal indicates a 35 acre parcel). Iots: b]FITER RES. it TEL:503-866-5589 Jul 29 94 15:12 N0.007 P.06 Mr. I)ave Michaelson July 2ft, 1994 Page 2 As an altcrnativc, if the domestic permit is surrendcred, household use only well perrnits would be available for cach of the two parcels subject to the following conditions; The Colorado River system and its trlbutaries at this location are over-appropriated. As such, well permits applications in new gglIUUg[ES must be evaluated to determine if other water rights would be injured considerlng the cumulative effect of all proposed wells. It is likely that in many circumstances well permits could not be issuecl by our office without a water court approved plan for augmentation. However, under current statutes, if the Garfield Board of County Commissioners approves this split by exemption as defined in Section 30-28-101(10Xd) C.R.S., our officc must evaluate tho well permit applications as if tlre division of laud occurred prior to June 7t L972, Under current laws, Section 37-92-602(3XbXIIXA) C.R.S., frd hyOrologic conditions, it appears that our office could irt this circumstance approve well permits for ordinary household purposes ittside the singlc-farnily dwellings provided tlrat the wells would be the only wells on the individual parcels, return flows would be to the same stream system irt which the wells are located via non-evaporativc disposal systems, and that evidence is submitted showing that the County has approved the parcel as an exemption. Ahsolutely no outside uses, including irrigation and the watering of animals, are allowed undcr this type o[ permit, If you have any questions regarding the water supply for this project, please contact this office. Sincerely, n\--F ttti'J) Jeff Deatherage Water Resources Engineer cc: Orlyn Bell, Division Engineer Joe Bcrgquist, Water Comrnissioner vorrhagke.sub