HomeMy WebLinkAbout3.0 Correspodence.a o e
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, 19. 92...Proceedings of the Board of County Commissioners, Garfield County, Colo.,...{u1v
THE C, F
California for a truck loading facility be approved with the aforecrentioned conditions. Cqrnissioner
trrinkhouse seconded the rption and it was carried unanimously.
Lls. Bctrnan indicated Mrs. K.R. Weatherly is not present for the Senate Bill 35 Exqnption request.
However, Mr. and l,lrs. Evid Proper, adjoining prolErty ovflrers were present. Ms. Bournan indicatedthis is a request to split 6.66 acre tract into 2 pa.rcels of 1.73 and 4.93 each. It is zonedWno. they have orvned the proprty 5 years plus.- Ihe access is off an existing access frcrn County
Road 241. the water is to ccne frqn a spring and storage tank and there is individual septicsystsn. Mr. and !Es. ProIEr voiced their opposition to this split because they feel tlrere is not
enough vrater to supply ttnt rany parcels. Ihere is only one snall spring. Ms. Borunan indicated thatthe reccnnendation is for denia] because the split does not neet the requirorent of a 2 acre minjmLmparcel. Hc,vrever, if the Board approves the split the condition shouLd be that both parcels reet thetwo acre zone district minimum, an access easement for botb IErcels sbould be included in the legaIciescripti,ons and the legal descriptions should contain a dedication of the equivalent of 5 gpn water
lupP1y for each parcel at a minjmtrn. Ccnmissioner Drinkhouse moved that the Subdivision ExempEionfor weatherly be denied on the basis that the split does not rEet the 2 acre minjmuun and there is no
evdience of sufficient water suppJ.y for all parceIs. Ccnmissioner Velasquez seconded the motion andit was carried.
Cormissioner Velasquez nrade a moEion ttnt the fotlowing resolutions be adopted and accepted into therecord: *82-L77 Payroll for JuLy 1982i *82-178 Grarunel ltrree IV Transnitter Facility Lo be located
on Sunlight Peak; #82-179 Special Use Permit for Mike Hughes; *82-180 Special Use permit forIiorthwest Pipeline Corp.; +82-181 Exemption for John and C,ail McDaid; #82-182 Approval ofPreliminary Plat for Ios Arnigos Ranch Subd; *82-183 Exonption for A},iR Sheep Corpany] *gZ-faa
Special Use Permj.t for Northwest Pipeline 6rp; *82-185 Representation of Iarry Velasquez by tneCounty Attorneyrs Office. Ccnmissioner Drinkhouse seconded the motion and it vias carried
unaninously.
There was a discussion with Charles wil}nan, attorney and Mrs. Stubblefielcl regarding a special usepermit for a tsnporary nobile home on I'lain EIk Creek. The adjoining land ovners feel ttre situationis being taken advantage of and wish scne clarification regarding the tine limit for terporary mobile
hcres in tlrej.r area, especially as if affects Land values. there was solne question regarding whether
ttre hcne was a doubl-e wide rnoduLar or a double wide trailer. Bud Milner debermined it was a cloublewi& trailer and County Sanitarian Terry Horrard indicated that on a site visit on July 7, no septic
syste$ had yet been installed. yet no evi&nce of improper sewage discharge. Mr. Willlnan, attorneyrepresenting Mrs. Stubblefield's interests, stated that the septic system has been dug and ttrey arewaiting for the gravel for the leech field. Mrs. Stubblefiel-d indicated ttrey were not presentlyliving in the trailer because there were no utilities. Ihere was discussion frqn the audience an-dthey felt there was so$eone living in the trailer, and they were very opposed to having a trailer inthe area without any evidence of construction going on. Ihere was argrmentative discusiion regardingtie tine lirnit to bre set and what was the neaning of "Temporary". Ms. Bovlr1an indicated that theStubblefield's public notice indicated the nrobile hcne would be tsnporary. l{r. Willnan indicatedthat the Stubblefieldrs do intend to build a permanent hore, however, they do not kno.i when at thistine, especially because of the econcnr-ic situation. Ttre adjacent ov/ners inaicatea that at least a 5year time limit should be set on this permit. After a lengthy discussion, Attorney Rhodes felt thatthe Board should instruct him to go ahead with enforcerent procedures with regard to investigatingtie problem. Ccnmissioner Velasquez made a motion ttlat the County Attorney be instructed to proceedwith the investigation to the ccnpliance of the special use perrnit which is nol in force and that ifthey are in violation, that action be taken of revocation or a tinE frame be set up to bring thepermit into conpliance. Ccnmissioner Drinkhouse seconded the motion and it was carried.
lG. Bovman presented a Conditional Use Permit request for a mobife hcne for a fuII tjnre ranch hancl,located 10 miles southeast of Silt off County Road 344, for Mr. Robert Wheefer. Ms. Borrvnran indicated
!hi" is a reguest for a mobile hore placed on a 375 acre parcel, where no other buildings arelocated. They will provide a spring and storage tank for water and there is existing septic andutilities and a gravelLed access. the Planning staff reccnnends approval with the condition that allproposals of the applicant be considered conditions of approval unfess stated otherwise by theBoard. Ttre Board could see no problanrs with this. Csrmissioner Drinkhouse moved ttraL theconditional use permit for a mobile hcnre for a fuJ.l tine ranch hand for Mr. Robert Wheeler be
approved with the stated condition. Ccrmissioner Velasguez seconded the motion and it was carried.
Ttrere was a discussion with Mr. Charles Stoddard and l,lr. Leonard Borvlby regarding Rd. 164. Ihe Boardhad asked the interested pa.rties to get together and review hovr to Gprove this road. on Ttrursday,July 15, Mr. Boulby, Mr. Hutson fron RIGC, Sam Ketctram with City of Glenwood, and Kevin lhdlec aliowith the City of Glenwood rade a field inspection of the road to determine the type and extent ofimprovenents required to enhance the road's surface ability. ltre inspection revealed ttlat roretransverse culverts exis! than was origirnlly thought. Accordingty, the nunber of nevr transverseculverts has been reduced to 2 or 3. Itre exact nunber ancl location of the culverts wiII be
determined fu a ditch profile. Substantial profile infornation wil] be provided by tu. Hutson and heindicated that he will provide additionaL assistance to profile that portion ot the south ditch forwttich data is not available. It vras also felt that 3 driva*ay cutveits and the culvert across thelurer station drive should be replaced or repaired. Sore shoul.der grading wi]I be required as will
scrne ditctr cleaning. there were Ewo choices of surface treatn€nt, those being a 24 -foot wide, 2"thick plant. mix as1*n1t paverent or 24 tcriE wlde, double application of chip and sea1. the asphaltwot'Id cost approxinntely $112,700.00 and the drip and seal would be approxinntely 942,700.00. Thedistance to cover is just under a miLe. there also has been no contact-with the people who would bewilling to contribute any funds for the fix-up of this road. Chairnnn Cerise ielt that it wasneither the City or County maintained road, so tiere is going to have to be more inErt from thecontributing people and then naybe ttre County will take it over.
Leonard Bo^r1by' Road and Bridge Supervisor, discussed the County Roads for 1983 and indicated thatthere are rrany which need total overhauling. Leonard and Stan Broore made a tour of most of tbe
roads and discussed the plans and objectives for the 1983 budget. Ihey wished the Board to acccrrpany
thern on a more indepth tour of the roads and the Board agreed.
the reeting was recessed for lundr at noon.
Ccrmissioners present.
The reeting reconvened at 1:30 p.m. with al-l
Mr. walter Gallagher and Mr. Andy Gulliver aglrared before the Board to let them knor they are going
JUt 8 0 tssz
Garfield County Planning Dept
2014 Blake Avenue
Glenwood Springs, C0 81601
Attention Terry L. Bovrman
To Whom it May Concern:
As interested and affected parties, we
the advisability of the addition of a third
the Weatherly and Proper households through
")
JrIy 29, 1982
wish to go on record as questioning
well to the spring stratum now serving
adj oining wel1s.
1.
3.
The facts are as follows:
This spring stratum is fed directly from East Elk creek through the
underlying glacial cobbles of the va11ey floor. The spring flow
fluctuates simultaneously with the leve1 of the creek. This has been
observed over a period of 10 (ten) years.
Water adjudication (Book 442--page 22O; receprion No. 257532) wasfiled February B, L973, based on flow measurements made in June of
7972 usLrg a 1 (one) foot aperture measurinp5 weir. Since this
measurement was made in June, the period of maximum snow runoff from
the Flat Tops, the flow of both East Elk creek and the spring stratum
were at their maximum. For this reason it is obvious that a realisticflow measurement must be made some tlme between December and the fol-
lowing May to insure that the minimum flow will be observed and
recorded as we1l. The present adjudication is therefore misleading.
Following adjudication i-n L913, as a result of surface irrlgation ditch
water penetrating and following Weatherly I s pipeli-ne backfill directly
down t.o the spring stratum, the glacial cobble aquifer was silted upto such a degree that our (Proper) well now pumps dry in less than30 (thirty) minutes, thls being j-n June; the season of maximum flow.
Weatherly found it necessary to abandon his first well and install a
second to assure adequate water supply. A1so, the outflow of thespring iuas dammed to raise its leve1.
Since the spring stratum flow is barely adequate for two households(Proper and weatherly) even under the best of conditions, we have
serious misgivings about the insEallation of a third we11. possibly
none of the three users would have an adequate supply, especially
duri-ng the drier winter season.
While the present Weatherly septic tank and leach field are situated
well out of the area of possible contamination, another sanitary
5.
6.
Planning Dept. cont July 28
system instal-led by a buyer of the acreage down the slope would approach
the spring stratum dangerously cLose.
The slope of the land is such that all drainage gravitates to the 1owpoint occupied by the wel-1s. Add to this the fact that the Weatherlypipeline fill automatically channels water and silt to the wells.Lastly, how can anyone be sure that the 100 foot ruLe can be applied
due to the uncertainty of the width of the spring stratum?
summary we petition that:
True flow measurements be made of the spring system at the time ofyear of minimum flow, i.e. December to May.
The siting of a sanitation system be thoroughly investigated before
installation to assure non-pol1ution of the spring stratum.
Your offlce keep us posted on developments as soon as they oecur.
Si-ncerely yours,
1p
Enclosures (2)
7.
In
A.
B.
C.
,,
.IN TIiIi iI'1?TIiR OF TIID APPLICATION
FOil I,,'A'I'I:R RICIITS Or' DAVID S.
rDi{oiriiii, ltucl.ji,JiA i,i{opuR, K. i{.
lninTliiii{LY Air"D DIjLORES WttATitltRLy
IN TIIU COLORADO itIVIiR OR ITS
TNI BIJIARi ES
TRfBUTARY INVOLVI'D: EAST ELK
CREEK IN GAII.F'IIJLD COUNTY
F.recorded at B:22 A.M.
Reception No. 25?r)2
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NLE,lsE IZETUeN
March 2?, ]J 9?)EIla Stephins rRecorder.
Book 442 G
Page 22O
IN T,TE DISTRICI COURT IN AITID
rOR WATIIR DIVISTON NO. 5
STATE OF COLOR/IDO
RECEIVEDtlAR 2 I 1973 Application No. w-110e
RULING OF
RL]TEREE
The above entitled matter having been referred to th6 undersigncd as water
,Referee for water Division No. 5, state of Colorado, by the Watgr Judge of said Court
on the l2th day of July, 1972, in accordance with Article 2I of ihapter I4B, Colorado
Reviseo statutes 1963, as amended (chapter 373 s.L. Colo. 1969) r known as The water
. Rights Determination and Administration Act of 1969. r,
'.'
And the undersigned Referee harring made such investigations as are necessary
to deternine whether or not the statements in the application ale true and having
become fuJ'ly advised with respect to the subject matter of the application does hereby
rna'ke the following determination and ruling as the Referee in chis maiter, co-wi,c:
2' The names of the structures are: Proper and weathe::Iy sprihg No. 1 an<iproper and Weatherly Spring No. 2. L .
3' The names and addresses of applicants are: David's.. proper and EugeniaProper, 10555 west 73rd Place, Arvada, colorador'.'K. R. I{eatherly andDelores Weatherly, Box 137, New Castler Coloradoi.
:. '1'4' The source of the v/ater is from springs tributary to East.EIk Creek,tributary to tho Colorado River. -..,
5' The Propcr and weatherly spring No. I is located at a point whence theNortheast corner of section 6, T. 5s., R. 90I^r. of"tne itrr p.M. bea*N. 30"22,10" E. 4775.66 feet.
The Proper and weatherly spring No. 2 is located.at a point whence theNortheast corner of section 6, T. 5s., R. 90w. of the 6th p.M. bearsN- 89"34'44" w. 12 feet and N. 3oo22r1o" E. 47-15;66 feet.
6. The proposed use of the rrater iri: 0.06 cubic foot per second of trme for' domestic and other beneficial purposes, and 0.14 cubic foot per second. of time for irrigation .
7' The date of initiation of appropriation is octobor 15, 1971.
8' The amount of water cLaimed is: Ab,solute - o.o9 gubic foot'per seconciof time; conditionar - o.1r cubic foot per second of time.
9' A l'umFr ancl pipeline havc hoen installed at each of the two sprinqs a:^..iwdter trans;portcd to two crw(}li;.n<js of the airlrlicants. Thc t\,/o sprrngs
. arc used as one source of water.
:
.-..
I. The statements in the application are true.
Book .442' p age..Z2r
10. orr or:tober: 15, ic)7l, 0.o9 cuhj.c foot of water pcr second of timo wae
f ir:;t appl j.ccl to the abovo bencficial usc
11. An aciditionat 0.11 cr.rbic foot, of watcr per scconi of time will bo
dt:vclopcd und ap1:1icd to bcncf .r.cia1 u:;c.
'l'he Rcferce does therefore conclude that the above entitlcd application
should be granted and that an absolute docroe for 0.09 cubic foot of vrater per
sccond of time and a conditional decroo for 0.11 cubic foot of water per second of,
tine is hereby awarded to tho Proper and Weatherly spring No. I'and proper and
:.'Wcatherly Spring No. 2t 0.06 cubic foot of vrater per second of.iime to bo used for
:
domestj-c and other beneficial uscs, and 0.14 cubic foot of watef.per second of time
to bc useci for irrigation purposos, with appropriation date of .o-ctobcr 15r tg11,
subject, however to aI1 earlier priority rights of others, and !o the integration
.and tabulation by the Division Enqineer of such priorities and {hanges of rights in
accordance with 1aw.
..
As to the 0.11 cubic foot of vrater per second of time...conditionally awarded,
an Application for a Biennial Finding of Reasonable Diligence sfra1l be filed in June
a,
of 1974 and in June of every socond calendar year thereafter so-..Iong as tho cl,aimant
desires to maintain the conditional water right or until a detetmination has been
made that the conditional water right has become an absolute water right by reason
'irt is accordingly oRDERED that this ruling shalI be filed with the water
clerk and shal1 become effective upon such filing, subject to jqdicial review
pursuant to secrion 148-21-20 cRs 1963 as amended (1971). ';,
rt is further oRDtrRED that a copy of this ruling shal! be filed with t11e
appropriate Division Engineer and the State Engineer. :'
:
Dono at the city of Gr.enwood springs, corora ao, t6is '6,&.
dayot@,L973.
of the cor,pletion of the appropriation.
i:o p:ot,6st iiag f ilsd iii ihil mattor
Tno for,ogolng ru11ng 1s eonflrmsd
and erpproved, and lB mado thoJudS;lnt snd Dooroo of thls oourt,.
Datod &t:fu1zu--:'7 ._.2'-n71ynLor Judgo
BY TIIE: .REFEREE: I
.,\ -\\ ,/!\ \/>,n. //- I- <,-<:--^%
Watqr'F,oferec
{re'ter'Division No. 5
State.b.f Colorado
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