HomeMy WebLinkAbout1.1 Water Documentation\:
ROY ROMER
Governor
JERIS A. OANIELSON
State Engineer
OFFICE OF THE STATE ENGINEER
DIVISION OF WAI'ER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3s81
NoVEMBER 30, 1990
Bill and Diane Teague
4294 103 Road
Carbondale, C0 81623
Fire Nos. AD- 12258 I 22s9RE: File Nos. AD- l<l.O d and AD-
Dear Mr. and l,lrs. Teague:
The subject applications for perm'its to construct wells have been
den'ied. Enclosed are copies of the Findings of the State Engineer and your
den i ed appl i cati ons.
At such time as the water court enters a decree in Case No. 90CW189, You
may subm'it a written request to thjs ofFice asking reconsideration of our
denjal of your well permit applicatjons. Your request should be accompan'ied
by a copy of the signature page of the decree containing the judge's signature.
In making inquiries regarding these denials, please contact Glenn Graham
of this office and refer to the file numbers shown above.
S i ncerel y,
1J1",*t,ffi-"r-
Bruce E. DeBrine
Water Resource Engineer
Ground Water Section
BED/GG/jms
Encl osures
cc: Division 5
4474l/Form #0580(R)
wRr.5.Rev.76 cos 'Do DlvlsloN oF WATER RESou;:Ii-^
818 Ceni, I Bldq.. 1313 Sherma" \b.r.i : ?,S:.t ? p'-rL;r\.I I c lljE'I''l i Fpi...rl *^L:'^ iPERMIT APPLICATION FORM
:03 ilci i i,!0
Application must
be complete where
applicable. Type or
print in B LA C K
lNK. No overstrikes
or erasures unless
initialed.
( X) n pe Rn/lIT To USE GRoUND WATER
( x) A PEBMIT TO CONSTRUCT A WELL
FOR: ( X) A PERMIT TO INSTALL A PUMP
FOR OFFICE USE ONLY:
() REPLACEMENT FOR NO
il OTHER\i WATER COURT CASE NO.
(1) APPLICANT - mailing address
NAME BTll a Oiane teaque
STBEET 4294 1 03 Road
s11y Carbondale Colo. 81 623(state) (ziql
TELEPHONE NO.303 953-0688
(2} LOCATION OF PROPOSED WELL
County Garfield
SE % of the NW -_ %, Section
Twp. 7 S ,Rns.
(N.S)
87 w
(E,W)
6th
(3} WATER USE AND WELL DATA
Proposed maximum pumping rate (gDm)15
Average annual amount of ground water
to be appropriated (acre-feet):
lN;rurs coLUMN
r-i -
Recei pt N o.'3rL-Z-g.-QE t
WPEAV.At
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 walcr
right from seeking relief in a civil court action.
Dist
18
) LIVESTOCK (21'
)COMMERCIAL (4)
() IRRIGATION (6)( ) MUNtCtPAL (8)No. AD' \il-')-:,FiiE
) oTHER (9)
APPLICATIOI{ DTNiID;
APPLICATION APPROVED
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
PERMIT NUMBER
DATE ISSUED
Name
Street
Shel-ton DriIlinq Inc.EXPIRATION DATE
P-O- Box 1070
ciry Basalt CoIo. 81621(state) lzipl
TelephoneNo. g?7-?891 Lic.No. 8q4
(STATE ENGINEER)
coirN'rY -e 3-
Number of acres to be irrigated' , 1BB2 ( BA0 sr.ft-) G
Proposed total depth (feet):io0 r
Aquifer ground water is to be obtained from;
Tributary
Olvner's wel I designation f1
GROUND WATER TO BE USED FOR:
. , -iousEHoLD uqslq
!>o! ooyqgrtc (1t ltt (
${#--no irrigation (0}
IJL () INDUSTRIAL (5}
t 3g
'ARJ-5.Re,.76 co{i,I}'- 1Do DlvtsloN oF wATER RESoq;i') -s
818 Cen, rl Bldg., 1313 Sherman St., Denver, Colorao 203
,i l l- -. . ' .: ,, .:.
:'-" 1 :r,t:'1
tr.- j r / uv
Application must
be complete where
applicable. Type or
print in BLACK FOR:
lNK. No overstrikes
or erasures unless
initialed.
APFr-lcATiorl Dilffifit apur[c[irroil]odvr c ? ap
A PERMIT TO USE GROUND WATER
A PERMIT TO CONSTRUCT A WELL
A PERMIT TO INI;TALL A PUMP
REPLACEMENT TOR NO.
OTHER
WATER COURT CASE NO.90 cw u]9
FOR OFFICE USE ONLY:
(x
1x(x
LL i.j i;:'ln
(1) APPLICANT - mailing address
NAME RilI & Diane Teaque
STREET 4294 1 03 Road
CITY Carhondal e Col o- 81 527
TELEPHONE NO.
(srare)
303 963-0588
(2) LOCATION OF PBOPOSED WELL
County Garf i el d
SW 7a of the NE 7o, Section 1 B
Twp 7 -S, Rng. 8T
(N,S)
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm)
Average annual amount of ground waler
to be appropriated (acre-feet):
Number of acres to be irrigated: . 1B B 2 8200
Proposed total depth (feet):300 r
Aquifer ground water is to be obtained from:
Tri butary
Owner's well designation - #
GROUND WATER TO BE USED FOR:
Receipt No.'3t /t 7 '.2,', F{- i
--J4-, 6 th P.M
r E.W)
Basi n
PERMIT NUMBER
Dist.
(zip)
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 iniury will occur to another vested water
right or preclude another owner of a vested werter
right from seeking relief in a civil court action.
15
I HouSEHOLo tl8f-oNLv - no irriqation (0)
xi oovresrtc (rt\$e( ( )INDUSTRIAL (5)
} LIVESTOCK (2) V ( } IRRIGATION (6}
AFPLICATI0N DENIED; FILE
APPLICATION APPROVED
No. HD-' \22'5)coMMERCTAL (4)( ) MUNtCtPAL (8)
) OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name
Street
Sha'l lon nri I I i no Tnr: -
P-O Rox 1070
City Rasal t C{?-ln 81621
Terephoneruo.927-3893 Lic.No. 894
DATE ISSUED
EXPIRATION DATE
ISTATETN6NETNT
BY ')"
4.)eID \,3B cnt,t.tTY
,DISTRICT CoURT, WATER DIVISI0N N0. 5, C0L0RAD0
.Application No. 900l.llB9
RULING OF REFEREE
I N TI{E MATTER OF THE APPL i CAT i ON
TEAGUE, IN THE ROARING FORK RIVER,
CATTLE CREEK, IN GARFIELD COUNTY
FOR I.IAIER RIGHTS OF
OR ITS TRIBUTARi ES,
BILL TEAGUE AND DIANE
TRIBUTARY iNVOLVED:
T5e above entitled App'lication was filed on August 3l, .l990, and was
referred to the undersigned'as Water Referee for Water Division No. 5, State
oi Colorado, by the -Water Judge of said Court on the 8th day.of.September,
1990, in accorda-nce with Article 92 of Chapter 37, Cglorado Revised Statutes
1gl3', known as The Water Right Determinatibn and Administration Act of .l969.
And the undersigned Referee havi ng made such i nvestigations. .as are
necessary to determine whether or not the statements in the Application" 91.true ani having become fully advised wit;h respect to the subi.ect matter of the
nppit.ution does hereby make ihe following determination and Ruling as the
Referee in this matter, to wit:
l. The statements in the Applicatiorr are true.
Z. The names of the Cjaimants and address: Bill Teague and Diane
Teague; 4294 Road '103; Carbondale, C0 Bl6il3.
i
CLAIM FOR UNDERGROIJND WATER RiGHTS
3. The name of the wells: Teague l.Iells Nos. I and 2.
4. Legal descriptions of wells:
a) Teague Well No. I - SEI/4NWl/4, Sec. lB, T. 7 S., R.
the 6th P.M., tg+O feet from North Section 1ine, 2400 feet from
line of Section lB.
. b) Teague Well No. 2 - Shll /4NE1/4, Sec. lB, T. 7 S., R'
the 6th P.M., tg+O feet from North Section 1ine, 3000 feet from
line of Sec. lB.
5. Source: Cattl e Creek a1 I uvi um, tri butary to Cattl e Creek , tri butary
to the Roaring Fork River.
A. Depth: Teague l,lells Nos. 1 & 2 are .l50 feet.
6. Date of appropriation for each well: Juine 27, '1990.
87 t,J. of
West Section
87 W. of
l.lest Section
6 lt. :i{ffiryrar'Ir i $.''4i r_. "i:}ra' i -f .
( vr r r-'r e90 )Teague 90CI.ll 89
Ruling of Referee
Page 2.
7.
conditional.
8.
and irrigation
Amount c'laimed for each well: '15 g.p.m. (0.033 c.f.s.),
Proposed use: 0rdinary household purposes, livestock wateringof up to a combined 8200 square feet of lawns and landscaping.
II
PLAN FOR AUGMENTATION AND CHANGE OF WATER RIGHTS
9. Names of structures to be augmented: Teague Wel'ls Nos. 1 and 2,
as described in I above.
.l0. Water rights to be used for augmentation:
A. CLDC Water - 0.4 acre feet of historic consumptive use
decreed on 10/15/1980 for augmentation purposes in Case No. 79CW97 in District
Court, hlater Division No. 5, the exclusive use for which appl icant willacquire a perpetual I icense from Carbondale Land Development Corporation.
Such CLDC augmentation water is associated with water rights decreed to thePark Di tch and Reservoir Company, which diverts direct 1'low rights from Catt'le
and Coul ter Creeks, a'l 1 as specified in 79CW97. This water will be used tocover out-of-priority diversions during the irrigation season. The Park Ditch
and Reservoir Company diverts direct flow water rights from Cattle Creek under
the following water rights:
TABLE I
PARK DITCH WATER RIGHTS
Decreed
AmountDitch (c.f .s. )
Pa'FFtr i tc h -T. 0--
Park Ditch 4..|
Park Di tch I .B
Park Di tc h 2.0
Landis Canal .l70
Decneed
Loca ti o nPriority Section 7 Adjudication AppropriationNumber T. 7 S., R. 87 tr.l. Date Date C.A.T{ W T'TTengtt Cgryz/1e}4 IT-T-T23? NW/SW/SE 06/09/1916 07 /01/1912 ]8zt221A NW/SW/SE 04/16/1e17 09/12/1e04 1627232 NW/SW/:;E 09/05/19]8 07 /01 /1912 1973
7t B NW/SW/.SE 07 /2e /19s3 06/20/1958 80CWt I 3
(c.n.46r3)
Direct flow diver sions under the shares in the Park Ditch and
Reservolr Company are supplemented by reJeases from Consol idated Reservoir.
This reservoir operates under the fol'lowing decreed priorities:
(vrrr-ree0)
Teague g0Cl^Il 89
Rul i ng of Referee
Page 3 ,
Structure
Decreed
Amount
Con. Res. 595.0 AFCon.Res. 285.6 AF
Con. Res. 10.l.0
TABLE II
CONSOLIDATED RESERVOIR WAIER RIGHTS
Pri ori ty
Number
Decreed
Location
Section I 9
T. 6 S., R. 87 t,l.
BB
678
754
Appropri a ti onDate C.A.
Adj udi cati on
Date
NE
NE
NE
02/1s/1e?\
06/20/1e58
11/05/1971
o9l08/1 898
0el0r /1948
09/01/1948
21 44
46.l 3
5884
b. Basa'lt Water Conservancy District/Ruedi Water
Up to 2.0 acre feet of Ruedi Reservoir replacement water to beacquired by.applicant from the Basalt Water Conservancy bistrict by regularwater service contract. Pursuant to such contract, water will bL rel6asedfrom Ruedi Reservoir to cover out-of-priority diversioni as provfded for bythe District's contract with the 'Bureau of Reclamation, together with th'eapproved State Operatfng PIan for such releases. Ruedi Reservoir is 'located
il Eagle lnd Pitkin Counties,. deriving its water supply from the Frying pinRiver. It is covered by decree dated June 20,1958 in Civii Action No. 4Otg,District Court for Garfield County, with Reservoir Priority No.7iB, andqppropriation date of JuIy 29, 1957. In Case l,l-789-76, the conditional decreefor Ruedi Reservoir was fixed by the Court at .l02,369 acre feet. This waterwill be used to cover any.calls on the Roaring Fork oi Colorado Rivers, whichare senior to C.L.D.C.'s decreed priorft!, during the irrigation r.ison anOthe estirnated 0.05 acre feet of non-ii"rigation season consumftive uses fromthe wells, when and if necessary.
Statment of PIan for Augnrentation
.l1. A. General Description of Development
:. Applicant proposes to develop a three-lot exempt residentialsubdivision consisting of three single-famiiy residences, two of wnicfr will be5 acres 'in size, the third being approxfmately 19 acres. The site is locatedabout 2 miles northeast of Carbondale in the SE]T4NE]/4, Sec. lB, T. 7 S., n.87 lrl. of the 6th P.M. in Garffeld County. The enfire property consisis ofapproximately 29 acres.
( u il-l eeO)
Teague 90CH1 89
Ru1 i ng of Referee
'Page 4
The water supply for the two new, exempt 5 acre lots will be supplied
from the Teague Wel I s Nos. I and 2. The Doyal Wel I suppl ies the thi rd,
fathering parcel of l9 + acres, and is approved for full domestic purposes.
The Doyal hlell is c6-vered by Permit No. 22470 and was decreed in W-.l060 on
November 1 7, 1972. The third parcel al so receives irrigation water via
app'licants' shares in the Needham Ditch.
B. I^later Requirements and Supply
The water requirements for the proposed subdivision for the two single
family residences on the S-acre parcels for in-house domestic uses and outside
lawn and 'landscape irrigation will amcunt to annual diversions of l.l58 acre
feet of which .7.l7 acre feet will be for in-house domestic use and .441 acrefeet for outside lawn and garden irrigation. 0f the aforementioned annual
diversion, the following dep'letfons to Cattle Creek and/or the Roaring Fork
River will result by the use of the two wells for the above-mentioned
beneficial uses. The overall augmentation requirements, explained be1ow, are
i 'l I u strated i n Tabl e 3, attached hereto.
( i ) In-house domestic: For i n-house domestic uses, i t i s
estimated there will be 4 people per unit for the two subject parcels, with
each person using B0 gallons per capita per day of in-house water. Current
plans for waste water treatment for the subdivision call for individua'l septictank and leachfield systems. Consumptive use or the stream depletions from a
standard type individual system is estimated to be l5% of the in-house water
requirement, resul ting in a total of 0..l acre feet to be consumed in
connection with the in-house uses year round for the subdivision.
(ii ) Outside lawrr and landscape irrigation: The two S-acre lotswill have 'limited outside lawn and landscape irrigation of approximately 4'100
square feet each for a total of 8200 square feet.
Cal cuati ons usi ng the 81 aney-Cri ddl e Method ( as
modi fi ed by the SCS on 11 /Zl /70) , and taki ng i nto
consideration other factors, such as climate, elevation
and precipitation, result fn estimations that the net. irrigation demand for the new lots will be'1.9 feet ofwater. Assumi ng an i rrigation efficiency of B0%,
approximate'ly 0.44 acre feet woul d be appl ied annua11y.
0f this about 0.35 acre feet will be consumed.
C. Augmentation (during irrigation season) and change of
water rights:
( wri-t 990)Teague 90CUl 89
Ruling of Referee
Page 5
^ Appllcgnts will be entering info an agreement for the perpetua'l licenseof water with Carbondale Land Development Corp6ration (CLDC) foi" ttre perpetualuse of 0.4 acre feet of adiudicated excess augmentation water decreeb ih CaseNo. 79CW97, District Court, Water Division No. 5: App'licants 0.4 acre feet ofaugmentation water is a portion of the excess airgmentation water decreed to
CLDC in said case, in which the Court allowed foi additional augmentationuses. .4ppticants will have available to them the 0.4 acre feet of c5nsumptiveuse credit pursuant to safd decree in order to al low them to continue' thediversions by the two new wells mentioned herein during the historicirrigation_season for all of the beneficial purposes specifiei herein. Theoperational schedule for the irrigation phasb of this plan for augmentationshall be in accordance with the decree tn Casb No. 7gCWg7.' By not -diverting
its share of .w9te1 required for augrnentation purposes througl.l the park Ditc6in accordance with the decree in Case [0. 7gCNg7', together witfr re'leases of
9ny necessary Ruedi Water contracterl for in the event of downstream call(senior to CLDC) on the Roaring Fork and/or Co'lorado River systems, the
app'l i cants wi I I repl ace I 00% of the otherwi se out-of-pri ori ty depl eti onscaus,ed by [he operation of the we'll s during the irrigation ieasoir. As aresult, the underground water to be divertel by the "wells during theirrigation season will be available without causing inSury to any ownei of orperson entitled to use vested or conditionally decreei witei. righis; and thewells may be operated without curtailment as to senior appropiiators so longas they are operated in accordance with this decree.
(i) . Change-of Water Right: Applicants request a change of thedecreed use of the 0.4 acre feet of fristbi^ic consumptive use credit-decreed in
Case No.79cw97 for utilization herein For the full' domestic and frrigationpurposes specified hereinabove, by augmc'ntation, replacement and exchange.
Applicants shall install any measuring devices required by the DivisionEngineer to facilitate operation of this plan ind ensure comptianci herewith.
D. Augmentation (during non-irrigation season)
In the event that the two new wells would ever be out-of-priorityduring the non-irrfgation months wibh respect to senior calls on the RoaringFork and/or Colorado River systems, applicants will be obtaining a waterservice contract from the Basalt l^latbi^ Conservancy District for tfie righi toreceive releases.gf up to a tota'l of 2.0 acre feet per year of replaiementwater from Ruedi Reservoir, which water will be avaiiable- for release in orderto satisfy senior-calls along the Roaring Fork and/or Colorado River systems
i n the event of a cal I .
-
Appl ican ti' total consumpti ve use duri ng theno^n-irrigation season will be 0.5 acre feet, indicating'that the 2.0 acr6 feetof Ruedi water contracted for will be considerab'ly in -excess of anticipatedrequirements for any time during the year.
Approva'l of the relief requested herein will not injure the owner of oruser of any other water ri ghts on Cattle Creek and/or the Roari ngFork/Colorado River -systems; therefore, the subject wel is may be opeiateithroughout tlq.year without any curtailrnent so 'long as they are operaled inaccordance with the provisions requesterl herein.
( vrr r-t e90)
Teague 90CWl 89
Rul i ng of Referee
Page 6
It is
Cl erk subject
it is further
appropriate Division
1?' The proposed plan -fof. augntentation meets the statutory criteriafor a plan for augmentation set forth in c.R.a:- S ir:ii-ioitgl, -302(t ), and-305(8) as ong. contemp'lated -by Lury ;;;a;-if operated in accordance with theterms and conditions ot tnis Ruting, win ;;i injui:io;;i, ulr.it the owner ofor persons entitled to use water untler a vested water righi oi a.c...aconditional water right,
The Referee does therefore conclude that the application for surfacewater rights fo! Teague t.Iells Nos. t ano.2 are herJby upp"orud as describedabove; subject howevei to ul ] eari ier- priority dates of others to theintegration and tabulation by the Divislon'' Engiri.. oi- ru.n priorities inaccordance with Law.
Application for a finding of reasonable diiigence shall be filed in thesame month as the decree herein ii enterea every stx vea.i iiiu. the entry ofthe decree herein so .1o.ng as uppriiani auiii.r to maintain these conditionalwater righ-ts her.e]n awarded,-or until a determination has ueen made that suchconditional riqhts are mioe absolriq--qy "'reason of the completion of theappropriation, ir are otherwise dfrpoi.a oi'. ! I
The office of the Col orado. state. Engi neer shal I i ssue wel I permi ts forTeague }.ie'l'l Nos. I and 2 pursuant to this"nuiing.
The app'licatfon .Io. plan -for augmentation contained herein is herebyapproved and operation thereof shail be coidrCtea in u ,unn.."";;;r;;t"=riihthe terms and conditions of this Ruling.
The Applicant shall install such measuring devices as may be required bythe Di vi sion Engi neer to faci I i t;i; . ll,r;--;p.iation
- oi- "'irrf , p.tan foraugmentation and assure compliance herewith. -r
accordi nglyto Judicial
0RDERED that this Ruling shall be filed with the waterrev i ew.
BY THE REFEREE:
0RDERED that a copy of this Ruling shall be filed withEngineer and the State Engineer.
the
Dated t - /- ,, "
l^later
S tate
,/-//,
Division No. 5of Colorado
(wrr-r 9e0)
Teague 90CWl 89
"Ruling of Referee
Page 7
. No protest was filed in this matter. The foregoing Ruling is confirmedand approved, and i s made the Judgnnnt and Decree of- this Court; subject,however, to the reconsideratioi on the issue of injury-[o-r.it.a water righitfor a.peri.od of two.years, and fn making such determinatfon the court hasconsidered the nature and sourc._gl !!i_augmentation water ina [rre quiiity dr
I:::^19_P9 llglgnted AND THE MoNT_H .t0R FTLTNG-AN AppLrcArr0N FoR A FTNDTNG 0FREAS0NABLE DILIGENCE SHALL BE .;tC /2.,r,, n., ,.r. ? I --:
Dated t/ta,/71
(urr-1eeo)
Teague 90CHl 89
Xuling of Referee
Page 8
TABLE 3
AUGMENTATION WATIR REQUIREMENTS(acre feet)Irri gation Season, May-0ctober
Teague Subdivi sion
Month
Domesti c
I n-house
Lawn
I rri ga ti on
0.068
0.088
0.083
0.052
0.045
0.0.l 1
T'.JTT
TOTAL
0.077
0.097
0.092
0.061
0.054
0. 020
0:-407
May
June
Jul y
August
September
0ctober
TOTAL
0.009
0.009
0.009
0.009
0.009
0.009
0:0&r
TABLE 4
AUGMENTATION WATtiR REQUIREMENTS
(acre feet)
Non-Irrigation Season, November - April
Teague Suhdivi sion
Month
Dome sti c
In-house
November
December
January
February
March
Apri 1
lT'rAr
0.009
0.009
0.009
0.008
0.009
0.009
0l-5s
t.,=;.:tl':;i;!:-.1;.:'i;p;:1n,,: ;'i!? ..1; :::.-,';: - 1ii:7_':*+;::',i:rj.:;t'1:i:'-;i.
i:il5
1!V
'-;:..,.
':,'i-{':
ii:-j:i'
GARFIELD COUNTY
Department of Deqelgment
,-''d\chool ImPact Fee
2014 Blake Avenue
Glenwood SPrings, Colorado 81601
Telephone 303:945-82ar I gaserz I Yalr,#rllo co
3 cesa f,r.r.t
: li j ;i1i=1i111Lir1;1'f ',r91',
Ng tloo3g3'
RECEIVED FROM: n
,. 'i:': :'l:/::1:
': . '-'- r. . :ii: