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Home My WebLink About4.0 Conditions of ApprovalROY ROMER Governor Eric Walter Petre & Petre Law Offices Post Office Drawer 400 Glenwood Springs, CO 81602 DIVISION OF WATER RESOURCES WATER DIVISION V ORLYN J. BELL DIVISION ENGINEER P.O. BOX 396 1429 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81602 945-5665 November 4, 1991 JERIS A. DANIELSON State Engineer I! NOV s i i i�: 5 Wirtz it.Lu Lvuod Y RE: White Exemption in Garfield County, Water Division 5, District 39 NW1/4 NW1/4, Sec 4, Twp 6 South, Rng 91 West, 6th PM Dear Mr. Walter, Per your request dated October 31, 1991 I'm enclosing the following: 1) A copy of Permit No. 71073. Since our Division 5 Office only has the front page of the permit, I contacted our Denver office and requested a complete copy of Permit No. 71073. It should be noted that Permit No.71073 has been CANCELED by Permit No. 19330-F. 2) A copy of Permit No. 19330-F. It should be noted in Item No. (1) under Conditions Of Approval a decree was to be obtained in Division 5 Water Court. It appears that a new decree was never entered. 3) A copy of Water Court Case No. W-2134. This decree limits the use of the Johnson Well No. 1 to DOMESTIC under Permit No. 71073. As noted before, Permit No. 71073 was Canceled by Permit No. 19330-F. 4) A copy of COMMENTS from the State Engineers Office to Garfield County, regarding the White Exemption. As noted by Judy Sappington in Engineering, a new decree most be obtained for Permit No. 19330-F (Non -Exempt) ,or a new permit must be obtained for the decreed uses in W-2134 (Exempt) and cancel Permit No.19330-F. 1 hope this information is helpful. In review of these documents, I feel you need to determine the INTENDED USES OF THE EXISTING JOHNSON WELL NO. 1 and then choose the appropriate action. Feel free to contact me if you have any questions regarding this matter. CC Judy Sappington Jim Lemon Dwight M. Whitehead, (Wells) Commissioner Andrew Mc Gregor Bruce De Brine ROY ROMER Governor DIVISION OF WATER RESOURCES WATER DIVISION V ORLYN J. BELL DIVISION ENGINEER P.O. BOX 396 1429 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81602 945-5665 November 4, 1991 Eric Walter Petre & Petre Law Offices P 0 Drawer 400 Glenwood Springs, CO 81602 INVOICE JERIS A. DANIELSON State Engineer 4 photocopies Well Permit documents @ .50/page $ 2.00 Please remit payment to: Division of Water Resources P 0 Box 396 Glenwood Springs, CO 81602 If we can help you further, please call. 6r Dwight M. Whitehead Water Commissioner (Wells) DMW:nch Encl. ROY ROMER Governor • A. Pf COTr ti lO• &, 0) v� * y y%/ / T yy s�NlTF�'� T T OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 FAX [303] 866-3589 September 12, 1991 Mr. Andrew McGregor Garfield County Regulatory Office and Personnel 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: White Exemption NW1/4, NW1/4, Section 4, T6S, R91W, 6TH PM Water Division 5, Water District 38 Dear Andrew, JERIS A. DANIELSON State Engineer We have reviewed the above referenced proposal to subdivide a 13.735 acre parcel into two parcels of 9.15 and 4.26 acres. The property is located on Lot 4 of Section 4. The applicants wish to sell the second lot with the assumption of using a new well for water service. There is an existing domestic well, Permit No. 19330-F, serving a residential dwelling on the 9.15 acre tract. A condition of approval for Permit No. 19330-F was that the applicant obtain a decree for the expanded use of the well from exempt uses to non-exempt uses. According to records in this office, this decree was not obtained. Prior to this office granting approval of water service for this exemption, Permit No. 19330-F must be brought into compliance either by obtaining the necessary decree or by obtaining a permit for the decreed exempt uses. Based on this, we cannot recommend approval of this exemption until the aforementioned issue has been satisfied. Should you have further questions or comments, please contact this office. JTS(f)/clf:white cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner Bruce DeBrine Sincerely, Judy T. $'appington Water Resources Engineer GEORGE J. PETRE DANIEL B. PETRE COURTNEY G. PETRE ERIC W. WALTER October 31, 1991 • • LAW OFFICES PETRE LC PETRE A PROFESSIONAL CORPORATION POST OFFICE DRAWER 400 GLENWOOD SPRINGS, COLORADO 81602 Mr. Dwight Whitehead, Well Commissioner Division of Water Resources P. O. Box 396 Glenwood Springs, CO 81602 Re: White Subdivision Exemption Application Dear Dwight: AREA CODE 303 945-6521 We have been talking off and on for several weeks now about a well permit for a proposed subdivision exemption on behalf of John and Jo Anne White in the area just west of New Castle. In that regard, you have provided me with the numbers of several well permits and attendant documents which may be pertinent to the discussion. I will appreciate your providing me, if possible, copies of the following documents: 1. Well Permit 71-073; 2. Well Permit 19330-F; and 3. Adjudication in water Case No. W-2134. If there is a charge for copying these documents, please let me know and I will forward payment to you. Your prompt attention to this request will be appreciated. Very truly yours, PETRE & PETRE, P.C. Eric W. Wa tai J cc: John and Jo Anne White WRJ-5-72 COL*DO DIVISION OF WATER RESOUR 101 Col e Bldg., 1845 Sherman St., Denver, Colored. 0 Application must complete where iplicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. PERMIT APPLICATION FORM ( ) A PERMIT TO USE GROUND WATER 44 A PERMIT TO CONSTRUCT A WELL FOR: ( ) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT rOR NO ( )OTHER RECE VED AU WAT R R URGES ST NGINEER COLO. (1) APPLICANT - mailing address NAME nDMkR e J o /,usa.J STREET //O'r /A/M,CrA' '5"7 - CITY 1; h...t,:-u o c 1 5ilp.•c.9 t L` 616 (State) TELEPHONE NO 9 s 3'79 (Zip) (2) LOCATION OF PROPOSED WELL County 0,44 P,e./e LaT /f /v W Y of the // W Y4, Section 41 Twp Rng. s -'X%11 P.M. () WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) /S' Average annual amount of ground water to be appropriated (acre-feet): � ?a /A Number of acres to be irrigated: AIo N Proposed total depth (feet): .1.C-0 .3 00 Aquifer ground water is to be obtained from: Owner's well designation / GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) be,), DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) (4) DRILLER Name ni -Of ' I Dr/LL1h1 CO - StreetO X .? D 1.3 " City ) e Sr7 s (7,) /a. g/%o/ (State) (Lip) Telephone No 7 -ZZ -51-571, Lir 6 7 7 FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No "A%f/ Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. ie,S APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE yi .a . 710'6 33 0 gre, AUG 8 0 1975 (4 ` NGINEER) BY I.D. COUNTY et WRJ-c-73 Alq '�C.�lu�n • ust he c mplctc'where ipplicul 'e. or print ur BLACK INK. No ove, strikes or erasures unless initialed Proper fee exist he submitted with the application. COLr`RADO DIVISION I:ii= WATER RESOUP"CS 3001110 .inc Bldg., 1 845 Shcnn ,n St., Denver, Coloro•J203 PERMIT APPLICATION FORM ( ) A PERMIT TO USE GROUND WA1 ER ( ) A PERMIT TO CONSTRUCT A WELL FOR: ( ) A PERMIT TO INSTALL A PUMP �1 7 REPLACEMENT FOR NO. __ 7. /. �!_- ( ) OTHER `0-v6- RECE1VrB HAR 14 '7/1 (1) APPLICANT - mailing address N A M E teeny -4-10 %4 • - J o %1 vi _s n STREET LIP LI I CD A)U �1t ►ZCl . � $ T CITY eL& OUST/ �- TELEPHONE NO Co/b. O'/4 -Z/7 (State) (Zip) (2) LOCATION OF PROPOSED WELL County 4D+ y N c() % of the___L ' Section Jl Twp. 6 , Rng. 9L� LD, P.M. (3) WATER USE AND WELL DATA Propo.ed maximum pumping rate (gprn) b C P 44 Average annual amount of ground water /6, 5— to be appropriated (acre-feet): Number of acres to be irrigated: ) 3 7 4/ ��— Proposed total depth (feet)• / Aquifer ground water is to be obtained from: S Owner's well designation JDhhSov� GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) (x) DOMESTIC (1) ( ) INDUSTRIAL (5) (x) l IVESTOCK (2) (< IRRIGATION (6) ) COMMERCIAL (4) , I ( ) MUNICIPAL. (8) (X)OTHER(9) Gi''eevi 1oUS e (4) DRILLER Name Sheet __-_5 0_1 lj e, t/ I` -ten Gt r/1/.� City; //rAr/ ais7te C4./e) . 2/6 2 � j�/ c/ (State) (zip) 1 Tel No. /-r-s/"(Lic. No FOR OFFICE USE ONLY Receipt No DO NOT WRITE IN'THIS.(:(JLUMN Basin Dist. CONDITIONS OF APPROVAL This well shalt be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 1)A DECREE FOR THIS APPROPRIATION MUST BE OB- TAINED FROM THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5, STATE OF COLORADO, PRIOR TO THE USE OF THIS WELL. THIS APPROVAL IS SUBJECT TO THE TERMS OF SAID DECREE. 2)APPLICANT SHALL INSTALL TOTALIZING FLOW METER ON WELL. 3)APPLICANT SHALL MAINTAIN AND SUBMIT TO THE DIVISION OF WATER RESOURCES RECORDS OF ANNUAL EXTRACTION OF GROUND WATER. APPLICATION APPROVED I.D. WD. COUNTY PERMIT NUMBER DATE ISSUED 019330-F FEB I/. 19(5 c23 EXPIRATION DATE FEB 1.4 191n (3Y_ - s J (AIN�f=NGIN ER) (5) THE LOCATION OF THE P SED WELL and the area on which the water will be used m indicated on the diagram below. Use the CENTER SECTION (1 se n, 640 acres) for the well location. + — --t- ± — -+- — 4- — -I- --11 --+- --1- -- -1- • 1 14 1 MILE, 5280 FEET I 4.- 4- -}- + 1• -+- + }- + - I I 1 1 - -) NORTH SECTION LINE + I I I r i NORTH ` — -4- — — -� - — -• D + I } - I z 1 -, O m ! +- - - -t- -+ -i- i 1 z 1 +- 01 -f-- s - -1- - -- -j- - - m --a- I 1 I 4- — SOUTH SECTION LINE + -�- 4- 4 -+- -+- The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figuies! An acre-foot covers 1 acre of land 1 toot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family ,,f 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet . 325,900 gallons. 1,00u gpm pumped continuously for one day produces 4. 12 acre-feet. (6) T ' aL MUST BE LOCATED r-:: ""' by.nces from section lines. • , 90 ft. from /Vor 411 yco ft. from (north or South) 1 � S -• sec. line sec. line (east or west) • LOT BLOCK FILING u SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED No. of acres '7V the only well on this tract? Will this be e• (8) PROPOSED "' r'Ir Plain Casing in. frorn ft tot in from ft to ft Perforated casing in from _.. 7 5 ft to�_ ft. in. from ft to ft (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): .. nS C' I7 No. of acres: JJ / 7,/ Legal description: k'/ f ,Sec /i'II y 7OC J S`i. g t s , an 3 e 7/ tee et; 24- 4.°47 (11) (Jk f /_ IL ,.,_. Cr11s;TION Of th^ use of druunil \voter Fina ohiild uSO and dihnestic wells m -i, utclic,.to typo of (10,lu'•01 .%..tem to be used. . �r lq •;71sc.7 - G,r e,r., )14 s - .1)usr. •es - / — L s L tock / O c O SU n . L s e r r r� .�f .2 / �.Y S U ' J( - I 'S e' c' -2aY r- & c ,L f .'-, s -Pt (12) OTHER WATER RIGHTS used on this lund, including wells. Type of right Used fur (purpose) Lego' Description of Ionil ' which used osre27na L, 'C ii 06- �rf-iugr 2‘•24 y eci, ti -,40/2 S 17, �' S S(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SI'T FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. �y SIGNATURE OF APPL ICA/GT(S) -'-7J L -t z- �� SitiLtAl--te-'12 t// 1.1. r ;! mote <.H• 0(1:11fer1 REPORT DATE 11/04/91 COLORADO WELL, APPLICATIONS,AND PERMITS PAG: COLORADO DIVISION OF WATER RESOURCES RECEIPT APP DATE STAT DATE NP DATE WELL -X -REFER TRANS ACTIV STAT 50723 02/15/74 / / 02/14/75 071073 CD ZZ CD NP CD PERMIT NUMBER 5 23 19330 F DIV CTY NUM SUF RPL ADDRESS 6611 CO RD 214 WD BAS MD NAME 45 00 00 JOHNSON HOMER C & LORETTA A CITY NEW CASTLE ST ZIP - EXT CO 81647 0000 Q10 Q40 Q160 SEC TWNSHP RANGE PM AQUIFER(S) OWNER DESGNEE NW NW 04 6 S 91 W S (1) GW (2) #1 CASE NUM USES DRLR PUMP INST COORDINATES LOT BLK FLG 1 697 697 N/S 390N E/W 800W 4 SUBDIVISION REPT -- WELL -- COMP REPT PUMP -- COMP 12/21/73 DATE 10/30/73 12/21/73 DATE 10/30/73 COMMENTS ENGINEER NON TRIB NON TRIB APPROPRIATE ADJUDICATN FIRST USE AMENDED COMP DATE USE DATE --DATE-- --DATE-- --DATE-- --DATE-- / / / / / / / / 10/30/73 / / ACRE -FT TOP/PERF/BOT YIELD DEPTH LEVEL ELEV PRINO METER 175 215 75.00 215 17 00000 Y LOG ID ACRE IR DIVERSIONS 87 0.00 88 0.00 89 0.00 90 0.00 IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO CASE NO. w- 2134 IN THE MATTER OF THE APPLICATION FOR WATER RIGH'T'S OF HOMER C. JOHNSON & LORETTA JOHNSON IN THE COLORADO RIVER OR ITS TRIBUTARIES FILED IN WATER. CJU:{"F Division No. ;i MAR 1 19 7,1 S A E OF C O :ADO >ZG! eYGleo' WA1 L11 RULING OF 'TITS—R ABSOLUTE DECREE FOR UNDER GROUND WATER RIGHTS TRIBUTARY INVOLVED: IN GARFIELD COUNTY And the Referee having made the investigations required by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby make the following ruling, to wit: This application was referred to the Water Referee of Water Division No. 5 on the 27th day of December , 197 3. 1. Name of Applicant Address 2. The name of the Homer C. Johnson and Loretta Johnson 6611 County Road 214, Box 110A New Castle, Colorado structure is Johnson Well No. 1. 3. The Legal description of the structure is The well is located in Lot 4, Section 4, T. 6 S., R. 91 W. of the 6th P.M. at a point whence the West Quarter Corner of said Section 4 bears S. 17°37147" W. 2344.58 feet. 4. The depth of the well is 215 feet. 5. The date of initiation of appropriation is November 5, 1973. 6. The amount of water claimed is 0.033 cubic foot per second of time as allowed by drilling permit. 7. The use of the water is domestic. 8. The State Engineer's number is 71073. 9. The Priority date is November 5, 1973. 10. The date of the application was December 3, 1973. It is the ruling of the Referee that the statements in the application are true and that the above described water right is approved and granted the indicated priority; subject, however, to all earlier priority rights of others. It is accordingly ordered that this ruling shall become effective upon filing with the Water Clerk, subject to Judicial review as provided by law. Done at the City of Glenwood Springs, Colorado this /8L�day of //49,e ,4/ , 1974%. No protest was filed in this matter. The foregoing ruling is confirmed and approved, and is made the Judgment and Decree of this court. Dated: d 1.3 Water Judge 'dater Referee Water Division No. 5 State of Colorado