HomeMy WebLinkAbout1.00 General Application Materials
RODREICK MINOR SUBDIVISION
Garfield County Colorado
Parcel ID: 218131200222
5888 311 County Road, Silt, CO 81652
Prepared July 22, 2022
Prepared By:
Misty B. Briscoe-Garcia,
Attorney at Law
Misty Br. Briscoe-Garcia,
P.C.
PO Box 1134
Rifle, CO 81650
(970) 230-0359
Prepared For:
Perry Dan Rodreick
5888 311 County Road
New Castle, CO
81647
(970) 618-6567
ARTICLE 5
DIVISION 3. SUBDIVISION
5-301. MINOR SUBDIVISION REVIEW
This submittal is submitted in accordance with the Minor Subdivision Review Process as designated per the Pre-
application Conference Summary; Conference Date 9-23-2021, Report Delivery 2-16-22. Due to the delay in the
receipt of the Pre-application Report and lack of communication from the previously assigned planner, Applicant
requests a discretionary extension to the 6-month deadline to submit this application. Applicant’s authorized
representative received verbal authorization from Garfield County Community Development to submit this Application
without and additional Pre-application Conference given there has been no substantial changes to the Summary
discussed in the original Pre-application Conference.
5-103. SUBDIVISION AND EXEMPTION REVIEWS
A. Common Review Procedures.
B. B. Notice.
Applicant is aware of and prepared to comply with review and notice requirements.
DIVISION 4. GENERAL SUBMITTAL REQUIREMENTS
5-401. APPLICATION MATERIALS.
To the extent that the described items are pertinent, required and not subject to a waiver request, the Applicant has
engaged the appropriate professionals and has submitted the item(s) attached hereto and incorporated in the submittal.
5-402. DESCRIPTION OF SUBMITTAL REQUIREMENTS.
To the extent that the described items are pertinent, required and not subject to a waiver request, the Applicant has
engaged the appropriate professionals and has submitted the item(s) attached hereto and incorporated in the submittal.
ARTICLE 4
4-103. ADMINISTRATIVE REVIEW
Applicant understand the review process and agrees to compliance with the applicable standards of this Code.
4-202. WAIVER OF SUBMISSION REQUIREMENTS.
All Waivers of Submittal are included on Exhibit L. All Waiver requests are requested with good cause, supported by
project specific reasoning that does not compromise proper and complete review and waiver does not compromise any
compliance with approval criteria.
4-203.D Site Plan/Landscape Plan
No disturbance is planned for the property at the time of this submittal. All landscaping is natural in
nature.
4-203.E Grading and Drainage Plan
The applicant agrees to provide a grading and drainage plan for any proposed new
construction at the time of submittal for building permit. No disturbance is planned for
the property at the time of this submittal.
4-203.M Water Supply and Distribution Plan
A Waiver Request has been submitted for the Water Supply and Distribution Plan.
4-203.N Wastewater Management and System Plan
SGM has prepared an onsite wastewater treatment system (OWTS) plan for Lot I which
accounts for the existing and proposed site constraints in accordance with the current
Garfield County and CDPHE standards. The existing residential home on Lot 2 has a
septic system and therefore does not need any proposed OWTS.
4-203. DESCRIPTION OF SUBMITTAL REQUIREMENTS
To the extent that the described items are pertinent, required and not subject to a waiver request, the Applicant has
engaged the appropriate professionals and has submitted the item(s) attached hereto and incorporated in the submittal.
Project Description:
The property owner desires to subdivide the approximate 119 acres parcel into two lots. An illustration of the
proposed boundary was presented to the staff at the Pre-App Conference. The proposed minor subdivision
would create one lot of approximately 13 acres, with the remaining approximate 106 acres in the larger lot. The
13 acre lot would house the tank farm.
The parcels are located south of the Town of Silt, with a New Castle address. The property is currently used for
agricultural, residential; water storage ponds and oil & gas infrastructure uses. Garfield County made reference
to the “lumber mill,” in the Pre-application Summary, which was found in the arial data base. The property
owner mills lumber for his own private use and for items specifically used to support the agricultural nature of
the property. There is no commercial component to the lumber mill. In addition, the Pre-Application
Summary was made noted that the 13acre parcel may contain a recreational trailer that is being used as a
dwelling unit. It is unclear the source of this reference; the only dwelling on the parcel is identified in the
County records as a 4-bedroom 2-bathroom farm/ranch residence home built in 1998, under parcel number
218131200222. See attached. Garfield County Public Documents, EXHIBIT D.
County records also contain documentation of approval for a Water Gathering Facility as a Special Use Permit,
Resolution 2008-43 Garfield County Recording No. 746341. This SUP may require amendment with the
redefinition of the applicable legal description and location on Lot 2. See attached Special Use Permit and
Produced Water Disposal Agreement, EXHIBIT I.
The parcel is located within the Rural zone district. The minimum lot size in the Rural district is two acres. The
proposed lot sizes exceed this minimum size requirement. The proposed lot-line
configuration does not appear to create non-conforming conditions for setbacks or other Rural zone district
standards.
The applicant anticipates that Lot 1 will be served by sharing an existing well and separate septic systems.
Sharing the well may require changes to the existing State Well Permit and possible contracts with the West
Divide Water Conservancy District. The County’s Land Use & Development Code (LUDC) requires a
subdivision to demonstrate legal and adequate water for each lot. Permit documentation for these systems is
submitted with the application. See attached current Well Permit, EXHIBIT H and Well Sharing Agreement,
EXHIBIT J.
The originating parcel contains 11 decreed ponds and several other waterbodies. The LUDC contains additional
setback requirements that relate to waterbodies, see Section 7-203. See attached Decree of the Water Court
Case Number: 2020CW3067.
Lot 2 has a dedicated driveway accusing the current residence off of the easement road that diverts off of
County Road 311. Given the current oil and gas infrastructure in place and the access road to other residences
beyond the subject parcel, no access or driveway issues are anticipated. Lot 1 will require a dedicated driveway,
if and when a building site is identified.
All existing and future public utilities should be contained with an easement. The LUDC requires that utilities
are to be underground for new Subdivision proposals. See attached Title Commitment defining all recorded
easements, EXHIBIT B. The residence on Lot 2 has existing utilities; any utilities required for a future new
residence will comply with all LUDC requirements and be installed at the direction of Holy Cross Energy.
The applicant’s Surveyors should ensure that the required Certificates, notes and plat language conform to that
prescribed by the County for the necessary signatures. The plat will need to include all information as described
in Section 5-402(F), including the name and addresses of the surface owners and mineral estate owners. See
attached Roderick Minor Subdivision Draft Plat, EXHIBIT F.
The applicant will also need to submit a title commitment for the subject property and ensure that the plat states
that all easements and encumbrances identified in the commitment are accurately shown on the plat. See
attached Title Commitment defining all recorded easements, EXHIBIT B.
Proof of ownership in the form of a recent title report is required to process the application.
See attached Title Commitment defining all recorded easements, EXHIBIT B. See attached receded deeds,
EXHIBIT C.
Any existing or proposed (draft) Codes Covenants or Restrictions (CCR’s) that affect the subject property
should be submitted with the application. See attached Draft Covenants & Well Sharing Agreement, EXHIBIT
J.
The LUDC also requires an engineer’s report for: (A) Roads, Trails, Walkways and Bikeways; (C) Sewage
Collection and Water Supply and Distribution System; (E) Groundwater Drainage and (H) Preliminary Cost
Estimates for Improvements. Please reference Section 4-202, Submittal Waivers and Section 4-118, Waivers
from Standards as applicable, for any submittal or standards waivers that you will request. See attached Request
for Waivers, EXHIBIT L.
4-118. WAIVER OF STANDARDS
All Waivers of Article 7 Standards are included on Exhibit L. All Article 7 Standards Waiver requests are made
concluding (1) it achieves the intent of the subject standard to the same or better degree
than the subject standard; and (2) it imposes no greater impacts on adjacent properties than would occur
through compliance with the specific requirements of this Code.
ARTICLE 7: STANDARDS
DIVISION 1: GENERAL APPROVAL STANDARDS
Section 7.101: Zone District Use Regulations
The subject property is currently zoned Rural, and the proposed minor subdivision will
not change this. The Land Use Change will comply with Article 3 Zoning, including any
applicable zone district use restrictions and regulations.
Section 7.102: Comprehensive Plan and Intergovernmental Agreements
The proposed Subdivision is in general conformance with the Garfield County
Comprehensive Plan and Complies with any applicable related agreements.
The proposed Minor subdivision in in conformance with the applicable zone district:
Rural, minimum lot size 2 acres, with the proposed lot sizes as follows: Lot 2 -13.262
acres, and Lot 1 – 106.612 acres, which both exceed minimum lot size allowed. The
subject property is not located within any unincorporated community, or water and
sewer service area. Additionally, there are no regional center, town center, rural
employment center or village center mapped in the area where the subject property is
located.
The County desires to retain the rural character of the area and the proposed subdivision
would coincide with their concept. This land use changes created one additional parcel
and does not deviate from the current uses.
The subject property does not contain any “open space,” nor does the property qualify as
recreational as it does not border any streams or rivers where recreational activities take
place, including but not limited to fishing or rafting.
The creation of two lots will cause no change in the visual impact of the subject property.
Section 7.103: Compatibility
The nature, scale, and intensity of the proposed Minor Subdivision are compatible with
adjacent land uses; there are no nonconforming aspects of the subject property as
compared to the current status of the subject property and the surrounding properties.
Section 7.104: Source of Water
Each proposed lot will have an adequate, reliable, physical, long term, and legal water
supply to serve the use. Lots one (1) and two (2) will ultimately share the existing
permitted water well. The water well permit will need to be modified for shared use with
Lot 2. Please see attached information on the existing water wells, including Permit
information.
Section 7.105: Central Water Distribution and Wastewater Systems
The proposed lots will each be served by a water distribution system that is adequate to
serve the proposed use and density. There will be no central water distribution as each lot
will have its own source. Lot 2 is already being served by a septic system. At the point
in the future where Lot 1 contemplates a residence, Lot 1 will follow the appropriate
County process according to the required building code and septic system requirements.
Section 7.106: Public Utilities
The only public utility the subject property and proposed lots will have is electricity as
each lot will have its own water supply, wastewater system, and its own propane tank.
There are existing power lines servicing Lot 2. Lot 1 will consult with Holy Cross as
necessary at the point that Lot one (1) desires to build a residence.
Section 7.107: Access and Roadways
Each lot will have access via County Road 311 through the tank farm area. Lot 2
already has driveway in place, as shown in the attached Plat. Lot 1 shall have a driveway
constructed to provide for adequate and safe access to any potential new construction
residence.
Section 7.108: Use of Land Subject to Natural Hazards
The subject land does not have the following natural and geologic hazards: falling rock,
landslides, snow slides, mud flows, radiation, nor flooding. No extreme topography
exists on the proposed parcel and no identified Geologic Hazards exist on the property.
Soils evaluation will be conducted as required and directed if necessary; a soils
evaluation is not relevant to this particular project.
Section7.109: Fire Protection
The subject property contains eleven (11) decreed ponds. Fire protection is easily
assessable via all decreed water. Please see the attached Decree of the Water Court.
DIVISION 2: GENERAL RESOURCE PROTECTION STANDARDS
Section 7.201: Agricultural Lands
The proposed Minor Subdivision will not interfere with the ditch rights-of-way and have
no adverse effect to agricultural operations. The Applicant of the proposed subdivision
will ensure that the use of ditches, including maintenance, can continue uninterrupted
where irrigation ditches cross or adjoin the new parcel if required or contemplated.
Section 7.202: Wildlife Habitat Areas
The proposed Minor Subdivision is not in a Wildlife Habitat Area. The parcel currently
has one residence, a barn (the “lumber mill”) and traditional farming/ranching equipment
and milling equipment for the purpose of supporting the ranch as needed.
Section 7-203. Protection of Waterbodies
The waterbodies are not impacted by the current residence om Parcel two (2). All waterbodies were
adjudicated in a Decree of the Water Court in 2020/2021. Any potential current impact was explored
in the adjudication process. Any future building will be subject to building code and
ATTACHEMENT & EXHIBITS
ATTACHMENTS
A. Garfield County Application Form
B. Colorado Geological Survey Submittal Form
EXHIBITS
A. Authorization Letter
B. Title Commitment
C. Deeds
D. Garfield County Public Documents
E. Pre Application Summary
F. Plat and Site Plan
G. Maps
H. Well Permit
I. Special Use Permit
J. Covenants & Well Sharing Agreement (DRAFT)
K. Decree of Water Court
L. Waivers
M. Mineral Search
N. Additional Photos
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
COMMONWEALTH LAND TITLE INSURANCE COMPANY
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE
COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE
PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE
NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER
PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions,
Commonwealth Land Title Insurance Company, a Florida Corporation (the “Company”), commits to issue the Policy according
to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule
A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount
as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within 180 days after the Commitment Date, this Commitment
terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public
Records.
(b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The
term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right,
title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but
this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic
means authorized by law.
(d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or
to be issued by the Company pursuant to this Commitment.
(e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued
pursuant to this Commitment.
(f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of
each Policy to be issued pursuant to this Commitment.
(g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of
imparting constructive notice of matters relating to real property to purchasers for value and without
Knowledge.
(h) “Title”: The estate or interest described in Schedule A.
EXHIBIT B
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
2.If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment
to Issue Policy, this Commitment terminates and the Company’s liability and obligation end.
3.The Company’s liability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B, Part I—Requirements; and
(f) Schedule B, Part II—Exceptions; and
(g) a counter-signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect,
lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any
liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other
amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
(a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense
incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the
delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to:
(i) comply with the Schedule B, Part I—Requirements;
(ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
(iii) acquire the Title or create the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the
amendment or had Knowledge of the matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have
incurred the expense had the Commitment included the added matter when the Commitment was first
delivered to the Proposed Insured.
(d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good
faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the
Schedule B, Part I—Requirements have been met to the satisfaction of the Company.
(g) In any event, the Company’s liability is limited by the terms and provisions of the Policy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this
Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this
Commitment.
(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between
the parties with respect to the subject matter of this Commitment and supersedes all prior commitment
negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating
to the subject matter of this Commitment.
(d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or
obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person
authorized by the Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only
liability will be under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and
policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the
Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is
delivered to a Proposed Insured, nor is it a commitment to insure.
9.ARBITRATION
The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive
remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org/arbitration.
Countersigned:
Patrick P. Burwell
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street
Rifle, CO 81650
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Transaction Identification Data for reference only:
Issuing Agent: Commonwealth Title Company of Garfield County, Inc.
Issuing Office: 127 East 5th Street, Rifle, CO 81650
ALTA® Universal ID: 1038730
Loan ID Number:
Issuing Office File Number: 2021-12-39
Commitment Number: 2021-12-39
Revision Number:
Property Address: 5888 County Road 311, Silt, CO 81652
SCHEDULE A
1. Commitment Date: 12/10/2021 at 8:00 AM
2. Policy to be issued:
(a) ALTA Homeowner's Policy $
PROPOSED INSURED:
(b) ALTA Expanded Coverage Residential Loan Policy $
PROPOSED INSURED:
3. The estate or interest in the Land described or referred to in this Commitment is: fee simple.
4. Title to the fee simple estate or interest in the Land is at the Commitment Date vested in:
Perry Dan Rodreick
5. The Land is described as follows:
Property description set forth in “Exhibit A” attached hereto and made a part hereof.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
By:
Patrick P. Burwell, License #: 153719
Authorized Signatory
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company as set forth below:
TBD Commitment: $167.00
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
5. Duly authorized and executed Deed from Perry Dan Rodreick, to a purchaser to be determined, to be
executed and recorded at closing. Vesting deed recorded on January 25, 2011 as Instrument #797938 in the
official records
6. Execution of a Final Affidavit and Agreement indemnifying the Company against unfiled mechanic's and
materialmen's liens.
7. Release of record by the Public Trustee of the Deed of Trust from Perry Dan Rodreick for the use of Barbara
Jean Butzen showing an original amount of $216,000.00 recorded on February 7, 2011 as Instrument
#798454 in the official records
8. -The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
-Pay the agreed amount for the estate or interest to be insured.
-Pay the premiums, fees, and charges for the Policy to the Company.
-Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
-This is an informational only commitment and no policy will be issued hereunder.
-Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-ground
inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the
location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or
other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable
of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or
other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as
amended, for an Improvement Survey Plat.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE
SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW
BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP,
FAMILIAL STATUS, OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records. Note: This exception will be
deleted on the final policy upon compliance with the requirements herein.
2. Easements, or claims of easements, not shown by the public records. Note: This exception will be
deleted on the final policy upon compliance with the requirements herein.
3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the public
records. Note: This exception will be deleted on the final policy upon compliance with the requirements
herein.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records. Note: This Exception will be deleted upon receipt of Final Affidavits
and Agreements indemnifying the Company against unfiled mechanic's and materialmen's liens.
5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public
Records or is created, attached, or is disclosed between the Commitment Date and the date on which all
of the Schedule B, Part I—Requirements are met. Note: This Exception will be deleted on the final policy
if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction and records the
applicable instruments of conveyance.
6. Any and all unpaid taxes, assessments and unredeemed tax sales. Note: This exception will be modified
in the final policy to reflect only those taxes and assessments that are a lien, but not yet due and payable.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the
public record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be
found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as
constructed by the authority of the United States, as reserved in United States Patent recorded on June
10, 1913 as Instrument #47135 in the official records
10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be
found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
constructed by the authority of the United States, as reserved in United States Patent recorded on June
10, 1913 as Instrument #47136 in the official records
11. Reservation of mineral rights more fully described in Deed recorded on March 2, 1973 as Instrument
#257241 in the official records and any and all interests therein or assignments thereof.
12. Easement and right of way as described in document recorded on May 23, 1918 as Instrument #62356 in
the official records
13. Reservation of mineral rights more fully described in Deed recorded on October 22, 1991 as Instrument
#428445 in the official records and any and all interests therein or assignments thereof.
14. Easement and right of way as described in document recorded on October 22, 1991 as Instrument
#428445 in the official records
15. Easement and right of way as described in document recorded on January 3, 1992 as Instrument
#430519 in the official records
16. Easement and right of way as described in document recorded on October 19, 1994 as Instrument
#469823 in the official records
17. Terms, conditions and all matters set forth in Agreement recorded on January 28, 1995 as Instrument
#473590 in the official records
18. Easement and right of way as described in document recorded on April 15, 2002 as Instrument #601336
in the official records
19. Easement and right of way as described in document recorded on April 6, 2005 as Instrument #671769 in
the official records
20. Easement and right of way as described in document recorded on July 25, 2005 as Instrument #678822
in the official records
21. Easement and right of way as described in document recorded on December 21, 2006 as Instrument
#713608 in the official records
22. Terms, conditions and all matters set forth in Resolution recorded on April 11, 2008 as Instrument
#746340 in the official records
23. Special Use Permit recorded on April 11, 2008 as Instrument #746341 in the official records
24. Amended Special Use Permit recorded on August 19, 2009 as Instrument #773599 in the official records
25. Easement and right of way as described in document recorded on January 30, 2009 as Instrument
#762376 in the official records
26. Easement and right of way as described in document recorded on January 25, 2011 as Instrument
#797938 in the official records
27. Right of way for ditches and canals in place and in use.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
EXHIBIT A
Property Description
Issuing Office File No.: 2021-12-39
Township 6 South, Range 91 West of the 6th Principal Meridian,
Section 30: SE1/4SW1/4 and the SW1/4SE1/4
Section 31: NE1/4NW1/4
Subject to an Access and Utilities Easement for the benefit of Township 6 South, Range 91 West of the 6th
Principal Meridian, Section 31: NW1/4NE1/4, described as follows:
A strip of land twenty (20) feet in width for the use of an access and utilities easement situate in NW1/4NE1/4 and
the NE1/4 NW1/4 Section 31, Township 6 South, Range 91 West of the 6th Principal Meridian, Garfield County,
Colorado. Said Access and Utilities Easement lying 10 feet to each side of the following described centerline:
Commencing at the Northeast 1/16 corner of said Section 31, an aluminum cap LS No. 36572, as found and in
place; thence North 76° 47 '39" West 2,677.69 feet to a point on the apparent easterly right-of-way of Garfield
County Road No. 311 and the centerline of an existing gravel driveway as built in place. The TRUE POINT OF
BEGINNING; thence along said centerline the following sixteen (16) courses:
1. North 85° 44' 10" East 445.23 feet;
2. Along the arc of a curve to the right 68.46 feet having a radius of 200.00 feet (chord bears South 84° 27' 30"
East 68.12 feet);
3. South 74° 39' 10" East 134.00 feet;
4. Along the arc of a curve to the left 68.88 feet having a radius of 100.00 feet (chord bears North 85° 36' 49" East
67.53 feet);
5. North 65° 52' 48" East 97.31 feet;
6. Along the arc of a curve to the right 146.94 feet having a radius of 300.00 feet (chord bears North 79° 54’ 41"
East 145.47 feet;
7. South 86° 03' 25" East 209.46 feet;
8. South 88° 42' 48" East 206.55 feet;
9. Along the arc of a curve to the left 119.49 feet (chord bears North 45° 38' 36" East 107.25 feet);
10. North 00° 00' 00" East 103.73 feet;
11. Along the arc of a curve to the left 73.73 feet (chord bears North 42° 14' 34" West 67.23 feet);
12. North 84° 29' 08" West 266.39 feet;
13. Along the arc of a curve to the right 79.44 feet having a radius of 33.00 feet (chord bears North 15° 31' 12"
West 61.60 feet;
14. North 53º26'44" East 121.21 feet;
15. North 43º30'02" East 41.90 feet;
16. North 70º13'58" East 35.30 feet to a point on the Westerly line of the NW1/4NE1/4 of said Section 31, the
Point of Terminus; whence the North 79° 58' 50" East 1348.16 feet to the east 1/16 Section 31 and Section 30,
an aluminum cap LS No. 36572, as found in place.
County of Garfield
EXHIBIT C
7/22/22, 4:56 PM
qPublic.net - Garfield County, CO - Property Record Card: R230878
https://qpublic.schneidercorp.com/Application.aspx?AppID=1038&LayerID=22381&PageTypeID=4&PageID=9447&Q=559096384&KeyValue=R230878 1/2
Gar eld County, CO
View Map
RODREICK, PERRY DAN
5888 COUNTY ROAD 311
NEW CASTLE CO 81647
Building #1
Units 1
Building Type FARM/RANCH
Abstract Codes / (Property Type)FARM/RANCH RESIDENCE-IMPS-4277 (AGRICULTURAL PROPERTY)
FARM/RANCH RESIDENCE-IMPS-4277 (RENEWABLE ENERGY PRODUCTION)
Abstract Codes / (Property Type)
Architectural Style MANUFACTURED-HUD
Stories 1
Frame WOOD FRAME
Actual Year Built 1998
Gross Living Area 1,512
Total Heated SqFt 1,512
Bedrooms 4
Baths 2
Heating Fuel GAS
Heating Type FORCED AIR
Air Conditioning NONE
Roof Type GABLE
Roof Cover COMP SHNGL
Assessed Year 2022 2021 2020
Land Actual $65,800.00 $65,800.00 $47,460.00
Improvement Actual $286,890.00 $286,890.00 $250,650.00
Total Actual $352,690.00 $352,690.00 $298,110.00
Assessed Year 2022 2021 2020
Land Assessed $17,370.00 $19,090.00 $13,760.00
Improvement Assessed $25,490.00 $26,750.00 $24,250.00
Total Assessed $42,860.00 $45,840.00 $38,010.00
Tax Year 2021 2020 2019 2018
Taxes Billed $3,387.20 $2,550.16 $2,400.96 $2,081.76
Summary
Account R230878
Parcel 218131200222
Property
Address
5888 311 COUNTY RD, SILT, CO 81652
Legal
Description
SEC. 30 SESW, SWSE - SEC 31, NENW, NWNE EXCEPT A TR. OF LAND
CONT. 40.126 AC. AND BEGING THE NWNE OF SEC. 31
Acres 119.874
Land SqFt 0
Tax Area 23
Mill Levy 73.8920
Subdivision
Owner
Land
Unit Type MEADOW HAY LAND-AGRICLTRL - 4137 (AGRICULTURAL
PROPERTY)
Square
Feet
0
Unit Type GRAZING LAND-AGRICULTURAL - 4147 (AGRICULTURAL
PROPERTY)
Square
Feet
0
Buildings
Actual Values
Assessed Values
Tax History
EXHIBIT D
7/25/22, 4:56 PM qPublic.net - Garfield County, CO - Property Record Card: R230878
https://qpublic.schneidercorp.com/Application.aspx?AppID=1038&LayerID=22381&PageTypeID=4&PageID=9447&Q=559096384&KeyValue=R230878 2/2
Click here to view the tax information for this parcel on the Gar eld County Treasurer's website.
Sale Date Deed Type Reception Number Book - Page Sale Price
3/1/2010 SPECIAL WARRANTY DEED 797938 $0
3/1/2010 SPECIAL WARRANTY DEED 797937 $0
3/17/2008 DEED 746341 $0
3/17/2008 RESOLUTION 746340 $0
3/13/2007 EASEMENT 725923 1939-608 $0
12/13/2006 EASEMENT 713608 1876-298 $0
5/28/2005 AGREEMENT 678822 1709-515 $0
4/6/2005 RIGHT OF WAY 671769 1676-693 $0
1/21/1998 QUIT CLAIM DEED 522946 1061-0292 $0
1/21/1998 QUIT CLAIM DEED 521774 1057-0575 $0
9/22/1994 RIGHT OF WAY 469823 0919-0801 $0
1/3/1992 WARRANTY DEED 430519 0820-0943 $120,000
8/15/1979 WARRANTY DEED 428445 0816-0032 $140,000
8/15/1979 MEMORANDUM 296606 0533-0303 $140,000
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Version 2.3.208
The Gar eld County Assessor's Of ce makes every effort to produce the most accurate information possible. No warranties, expressed or
implied are provided for the data herein, its use or interpretation. Data is subject to constant change and its accuracy and completeness
cannot be guaranteed.
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Developed by
7/22/22, 10:43 AM Tax Account
https://act.garfield-county.com/treasurer/treasurerweb/account.jsp?account=R230878 1/1
Tax Account
Summary
Account Id R230878
Parcel Number 218131200222
Owners RODREICK, PERRY DAN
Address 5888 COUNTY ROAD 311
NEW CASTLE, CO 81647
Situs Address 005888 311 COUNTY RD,005888 DIVIDE CREEK RD
Legal SEC. 30 SESW, SWSE - SEC 31, NENW, NWNE EXCEPT A TR. OF LAND CONT. 40.126 AC. AND BEGING THE NWNE OF SEC. 31
Inquiry
As Of 07/22/2022
Payment Type First
Full
Total Due $0.00
Value
Area Id Mill Levy
023 - 2HD-SF - 023 73.8920000
Actual Assessed
MEADOW HAY LAND-AGRICLTRL - 4137 65,160 18,900
GRAZING LAND-AGRICULTURAL - 4147 640 190
FARM/RANCH RESIDENCE-IMPS - 4277 258,340 18,470
OTHER BLDGS.-AGRICULTURAL - 4279 28,550 8,280
Total Value 352,690 45,840
Taxes $3,387.20
The amounts of taxes due on this page are based on last year's property value assesments.
EXHIBIT D
1
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 218131200222 PRE-APP DATES: Conference 9-23-21
Report 2-16-22
PROJECT: Rodreick Minor Subdivision
OWNER: Perry Dan Rodreick
REPRESENTATIVE: Misty Briscoe-Garcia
PRACTICAL LOCATION: 5888 311 County Road, Silt CO 81652
ZONING: Rural
COMPREHENSIVE PLAN: Residential Medium High 2 to 6 acres/DU
TYPE OF APPLICATION: Minor Subdivision
I.GENERAL PROJECT DESCRIPTION
The property owners desire to subdivide the 119 acre parcel into two lots. An illustration of the
proposed boundary was presented to the staff at the Pre-App Conference. The proposed minor
subdivision would create one lot of approximately 5 - 8 acres, with the remaining 114 - 111 acres in
the larger lot. The parcels are located south of the Town of Silt. The property is currently used for
agricultural, residential, water storage ponds and oil & gas infrastructure uses. Based upon the
County’s aerial data base, it appears that the property may also be used for lumber mill purposes,
and the proposed 11 acre lot may also contain a recreational trailer that is being used as a dwelling
unit. These uses may be non-conforming uses which would need to be terminated prior to
subdivision. County records also contain documentation of approval for a Water Gathering Facility
as a Special Use Permit, Resolution 2008-43. This SUP may require amendment with the
redefinition of the applicable legal description.
The parcel is located within the Rural zone district. The minimum lot size in the Rural district is two
acres. The proposed lot sizes exceed this minimum size requirement. The proposed lot line
EXHIBIT E
2
configuration does not appear to create non-conforming conditions for setbacks or other Rural
zone district standards. Additional easements for access, existing gas infrastructure, pipeline and
irrigation ditches may be necessary on the property.
The applicant anticipates that the new lots will be served by sharing an existing well and separate
septic systems. Sharing the well may require changes to the existing State well permit and
contracts with the West Divide Water Conservancy District. The County’s Land Use & Development
Code (LUDC) requires a subdivision to demonstrate legal and adequate water for each lot. Permit
documentation for these systems should be submitted with the application. The originating parcel
contains multiple ponds. The LUDC contains additional setback requirements that relate to
waterbodies, see Section 7-203. It appears that there are several ditches located on property which
will need to be identified on the plat. Please note the requirements in Article 7 that relate to
protection of agricultural lands and ditches, Division 2, 7-201 of the LUDC
It is anticipated that each lot will be served by existing driveways. Access driveways will need to
conform to the standards and requirements defined in Section 7-107 of the LUDC.
All existing and future public utilities should be contained with an easement. The LUDC requires
that utilities are to be underground for new Subdivision proposals.
The applicant’s Surveyors should ensure that the required Certificates, notes and plat language
conform to that prescribed by the County for the necessary signatures. The plat will need to include
all information as described in Section 5-402(F), including the name and addresses of the surface
owners and mineral estate owners. The applicant will also need to submit a title commitment for
the subject property and ensure that the plat states that all easements and encumbrances
identified in the commitment are accurately shown on the plat.
Proof of ownership in the form of a recent title report is required to process the application. All
property owners, per County assessor records, will need to sign the application and provide a letter
of authorization for anyone serving as the applicant’s representative.
Any existing or proposed (draft) Codes Covenants or Restrictions (CCR’s) that affect the subject
property should be submitted with the application. The LUDC also requires an engineer’s report
for: (A) Roads, Trails, Walkways and Bikeways; (C) Sewage Collection and Water Supply and
Distribution System; (E) Groundwater Drainage and (H) Preliminary Cost Estimates for
Improvements. Please reference Section 4-202, Submittal Waivers and Section 4-118, Waivers from
Standards as applicable, for any submittal or standards waivers that you will request.
As the application needs to be referred to the Colorado Geologic Survey, the referral form needs to
be submitted with the application along with the applicable fee.
All of these requirements, digital copies of the LUDC, and forms can be found online within the
Garfield County Community Development website located at: https://www.garfield-
county.com/community-development/
3
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
• Garfield County Comprehensive Plan 2030 as amended
• Garfield County Land Use and Development Code as amended
o Section 5-301 Minor Subdivision
o Table 5-103 Common Review Procedures and Required Notice
o Section 5-401 and Table 5-401 Submittal Requirements including preliminary
engineering reports for Access, Sanitation, Groundwater Drainage, and any
preliminary cost estimates.
o Section 5-402 Description of Submittal Requirements including Final Plat
o Section 4-103 Administrative Review (public notice)
o Section 4-203 Description of Submittal Requirements (as applicable)
o Provisions of Article 7, Articles 1, 2, 3 and 4, as applicable including site planning and
subdivision standards.
o Section 4-202, Submittal Waivers and Section 4-118, Waivers from Standards as
applicable or needed.
IV. SUBMITTAL REQUIREMENTS
As a convenience outlined below is a list of information typically required for this type of
application:
General Application Materials
o Signed Application Form
o Signed Payment Agreement Form and application fees
o Proof of ownership (copy of deed, title work) and information on any lien
holders.
o A narrative describing the request and related information
o Names and mailing addresses of properties within 200 feet of the subject
property.
o Mineral rights ownership for the subject property (demonstrated through a
search of Clerk and Recorders database and/or Assessor database, memo
attached).
o If owner intends to have a representative, a letter of authorization to represent
is needed.
A copy of the Pre-application Summary needs to be submitted with the Application.
Vicinity Map including areas within approximately 3 miles.
Site Plan and related information (some may be shown on the proposed plat) including
topography, existing improvements, infrastructure, irrigation ditches, and significant
features. The site plan should include improvement location information adequate to
confirm that no nonconforming conditions will result from the proposed subdivision.
4
The Proposed Minor Subdivision Plat showing the proposed lot lines, all easements and
required certificates.
Water Supply Plans needs to include details on legal water (well permit and/or draft
contracts with Water Conservation District), well production tests, and water quality tests.
Should the Applicant wish to delay drilling of the new well as a condition of approval, waiver
requests are needed.
Wastewater Treatment Plan needs to address any constraints including soils and
demonstrate feasibility of installing OWTS on the proposed lots. County permits for the
existing system need to be provided.
Information as applicable to demonstrate compliance with provisions of Article 7 Standards,
Divisions 1, 2, 3, and 4.
Final Plat meeting the standards in Section 5-402(F) and all required Certificates.
Form and payment for the Colorado Geological Survey (CGS) review. The payment check for
this referral should be made out to the Colorado Geological Survey.
Engineering Reports, as applicable per Table 5-401, Minor Subdivision, A (Roads, Trails,
Walkways, and Bikeways), C (Sewage Collection and Water Supply and Distribution System),
E (Groundwater Drainage), and H (Preliminary Cost Estimates for Improvements).
Information on the adequacy of the access driveways to serve the proposed lots to meet
the dimensional standards in Section 7-107 (Public Right of Way to each subdivision parcel).
Submit three paper copies and one digital of all application materials. Additional copies will be
requested upon determination of completeness. See the land use code for additional information
on submittal requirements.
V. REVIEW PROCESS
The review process shall follow the steps contained in Table 5-103 and Section 4-103 for an
Administrative Review including:
5
6
The Application may be “Called-Up” for review by the Director and the Board of County
Commissioners. In addition, the Applicant and any affected Adjacent Property Owner can request a
Call-Up for review by the Board in accordance with the procedures and review process contained in
Section 4-112.
Public Hearing(s): _X_ Directors Decision (with public notice)
___ Planning Commission
___ Board of County Commissioners
___ Board of Adjustment
Referral Agencies: May include but are not limited to: Garfield County Surveyor, Garfield
County Road and Bridge Department, Garfield County Consulting
Engineer, Garfield County Vegetation Manager, Colorado Geological
Survey, Colorado River Fire Rescue District, Colorado Parks and
Wildlife.
VI. APPLICATION REVIEW FEES
Planning Review Fees: $400
Referral Agency Fees: $tbd ($600 Colorado Geological Survey - others tbd)
Total Deposit: $400 (additional hours are billed at hourly rate of $40.50)
VII. GENERAL APPLICATION PROCESSING
The foregoing summary is advisory in nature only and is not binding on the County. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. This summary does not create a legal or vested right. The
summary is valid for a six month period, after which an update should be requested. The Applicant
is advised that the Application submittal once accepted by the County becomes public information
and will be available (including electronically) for review by the public. Proprietary information can
be redacted from documents prior to submittal.
PRE-APPLICATION SUMMARY PREPARED BY:
February 16, 2022
Vince Hooper, Planner III Date
7
Attachments:
Certification of Mineral Ownership
Colorado Geologic Survey Referral Form
EXHIBIT F
EXHIBIT G
MAPS
EXHIBIT G
3 Mile Radius Map
EXHIBIT G
Owners within 200 feet
Account Number
R230914
Parcel Number
218131400229
Owner
POPE, MARILYN JO
Address
6338 311 COUNTY RD SILT 81652
Acres - 821.559988021851
View: Property Record Card | Google Maps opens in a new tab
Account Number
R023312
Parcel Number
217936400245
Owner
MILLER, GARY RAY
Address
7109 311 COUNTY RD SILT 81652
Acres - 680.477001190186
View: Property Record Card | Google Maps opens in a new tab
Account Number
R044518
EXHIBIT G
Parcel Number
218131100290
Owner
YEAKEL, GEORGE C
Address
0 NEW CASTLE 81647
Acres - 40.1259994506836
View: Property Record Card | Google Maps opens in a new tab
Account Number
R230877
Parcel Number
218130400221
Owner
TORNES, MICHAEL & DUSTI RAE
Address
5890 311 COUNTY RD SILT 81652
Acres - 80
View: Property Record Card | Google Maps opens in a new tab
Account Number
R230878
Parcel Number
218131200222
Owner
RODREICK, PERRY DAN
Address
5888 311 COUNTY RD SILT 81652
Acres - 119.874000549316
View: Property Record Card | Google Maps opens in a new tab
Account Number
R023390
Parcel Number
217936100142
Owner
SCOTT, ANNIE J MARITAL TRUST
Address
6051 311 COUNTY RD SILT 81652
Acres - 327.73999786377
View: Property Record Card | Google Maps opens in a new tab
EXHIBIT G
Account Number
R230817
Parcel Number
218130300199
Owner
JENKINS, CHANCE W & COURTNEY A
Address
5435 311 COUNTY RD SILT 81652
Acres - 19.9400005340576
View: Property Record Card | Google Maps opens in a new tab
Account Number
R230845
Parcel Number
218130400211
Owner
VAN ORDSTRAND, MARY B 1989 TRUST
Address
5118 311 COUNTY RD SILT 81652
Acres - 175.259997367859
View: Property Record Card | Google Maps opens in a new tab
fOW "O
GWS-31
10/94
WELL CONSTRUCTION AND TEST REPORT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
For office Use only
1.WELL PERMIT NUMBER g 3 WeWj)
2 OWNER NAME(S) D 1 2 oo r K
Mailing Address I!
City, St. Zip CA/t-Hp LA I (/
Phone ( -7p) g7lo- 2
ID 1
WA7u+RESOURCESSTATE
3.WELL LOCATION AS DRILLED: NkV114 A/t;_;1/4, Sec._SL Twp. Range q I w &%.
DISTANCES FROM SEC. LINES:
ft. from Sec. line. and ft. from Sec. line. OR
norm or soum)
SUBDIVISION: LOT BLOCK FILING(UNIT)
STREET ADDRESS AT WELL LOCATION:
4.GROUND SURFACE ELEVATION ft. DRILLING METHOD Ay
DATE COMPLETED o? 3 TOTAL DEPTH 60 h. DEPTH COMPLETED___??ft.
5. GEOLOGIC LOG:
Depth De cri tion f Material (Type, Size, Color, Water Location)
10
6. HOLE DIAM. (in.) From (ft) To (h)
Z. ZC5
wta
7. PLAIN CASING
Wall Size From(ft) To(ft)ip) Kin
CQ
pF?f1F. CA en 1 St a:6 10
8. FILTER PACK:9. PACKER PLACEMENT:
Material Type
Size
Interval Depth
10. GROUTING RECORD:
unt Density Interval PI cementatertalArrio
REMARKS:t hyn 7_( -6
1 DISINFECTION: Type Amt. Used
WELL TEST DATA: ? heck box if Test Data is submitted on Form No. GWS 9 Supplemental Well Test.
TESTING METHOD r
Static Level ?ft. Date/Time measured "t2 -1) J Il'. M aft Production Rate gpm.
Pumping level h. Date/Time measure a Test length (hrs.)
Remarks
3. 1 have read the statements made herein and know the contents thereof, and that they are true to my knowledge. [Pursuant to Section 24-4-104 (13) (a)
C.R.S., the makin?loff false statements herein constitutes perlu in the second degree and is punishable a's/a class 1 misdemeanor.) /_
z
CONTRACTOR WI 1I I' Phoned-70) Y 07 Lic. No. l//:.1
Mailing Address o 1 to r Q) (9107-3
Name(ritle (Please type or print)
C I Pr s.
Signature lllln&?
Date
3 8uh
FROM COLLIN DRILLING & PUMP PHONE NO. : 970 945 4079
rws-61 , NOTICE OF INTENT TO CONSTRUCT MONITORING HOLE(S)a et Please type or print legibly in black ink RECElvFn
Well Owner's Name
Landowner's Name a n pct rg, c ??
Madklg Address: (Authorized Individual/or Driller)
Contact ; ?? ` all Is
Company W r.c
Address \ • o r CAS 1 Lo
City, State, Zip ac ?, .fin W O ,
Driller Lie. No. (if applicable) 6
MAR 0 91998
Mar. 09 1998 11:50AM Pi
WAIEk AEa.Vi Es
STATE ENGINEER
COLO.
Location: t1iL'b, '?E y,, Section I
Township A N®Ran(Cge aj_E® _&tl\. pM
County ?,..-0, r'! : .r•1
Subdivision
Lot , Blk , Fig
Hole(s) to be Constructed: Number
Estimated Depth -IJAI Ft. Aquifer `rPurposeofMonitoringHole(s)
Approximate Date: of
ACKNOWLEDGEMENT FROM STATE ENGINEER'S OFFICE
FOR OFFICE USE ONLY
MH-
32843 n
PROCESSED BY
Div. S CNTY 93 WD 4S DATE ACKNOWLEDGED
BAS MD GROUND ELEV USGS MAP d
CONDITIONS OF MONITORING HOLE ACKNOWLEDGEMENT
A COPY OF THE WRITTEN NOTICE OR ACKNOWLEDGEMENT SHALL BE AVAILABLE AT THE DRILLING SITE
Notice was provided to the State Engineer at least S days prior to construction of monitoring & observation hole(s).
Construction of the hole(s) must be completed within 90 days of the date notice was given to the State Engineer.
Testing and/or pumping shall not exceed a total of 200 hours unless prior written approval is obtained from the State Engineer.
Water diverted during testing glll ne be used for beneficial purposes. The owner of the hotels) is responsible for obtaining
permit(s) and complying with all rules and regulations pertaining to the discharge of fluids produced during testing.
All work must comply with the Water Well Construction Rules. 2 CCR 402-2. Minimum construction standards must be met or
a variance obtained.
Well Construction and Test Reports (GWS-91) must be submitted to this office by the licensed contractor or authorized individual
within 60 days of the completion of the work.
Unless a well permit is obtained, the hole(s) must be plugged and sealed within one (1) year after construction. An Abandonment
Report (form GW9-9) must be submitted within 60 days of plugging St sealing.
The owner of the hole(s) should maintain records of water quality testing and submit this data to the State Engineer upon request.
The monitoring hole number, owner's structure name, and hole owner's name and address must be provided on all well permit
application(s), well construction and abandonment reports.
A monitoring hole can not be converted to a production water well (other then a recovery well) unless the hole or well was
originally constructed by a licensed well construction contractor.
THIS ACKNOWLEDGEMENT OF NOTICE DOES NOT INDICATE THAT WELL PERMIT(S) CAN BE APPROVED.
7
Additional Conditions
Form No. OFFICE OF THE STATE ENGINEER
cws-z5 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denier, Colorado 80203
in31 RRR-.'iFRi
APPLICANT
PERRY DAN RODREICK
5888 COUNTY ROAD 311
NEW CASTLE, CO 81647-
970) 876-2203
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 1/4 NW 1/4 Section 31
Township 6 S Range 91 W Sixth P.M.
DISTANCES FROM SECTION LINES
791 Ft. from North Section Line
2170 Ft. from West Section Line
UTM COORDINATES (Meters.Zone:13.NAD83)
wm iy.rrui a nuy.
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 this permit
does not ensure 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.
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 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40 acres described as the NE 1/4 of
the NW 1/4, Sec. 31, Twp. 6 South, Rng. 91 West, 6th P.M., Garfield County. Further identified as 5888 County Road 311,
New Castle, CO 81647.
4) Approved for a location correction and for the installation of a pump in, and the use of, an existing well, constructed on
March 23, 1998, to a depth of 60 feet, under monitoring hole notice MH-32843.
5) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not mare than
three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the
irrigation of not more than one (1) acre of home gardens and lawns.
6) The pumping rate of this well shall not exceed 15 GPM.
7) The return flow from the use of this well must be through an individual waste water disposal system of the
non-evaporative type where the water is returned to the same stream system in which the weN is located.
8) This well shall be located not more than 200 feet from the location specified on this permit. ,
D/
NOTE: Parcel Identification Number (PIN): 23-2181-312-00-222 !~ ~`'- ~'~
NOTE: Assessor Tax Schedule Number: R230878 (totaling 160 acres) ~ f~7~007
EXST
WELL PERMIT NUMBER 273647 _
DIV. 5 WD45 DES. BASIN MD
DMW
OVED /~/~
V . jV ~l~' ^.+ ~. jf yr y,i~~f~
State Engineer By
Tv'
EXHIBIT H
( (
PRODUCED WATER DISPOSAL AGREEMENT This Agreement is entered into effective this /31 iy of February, 2007, by Perry DanRodreick, 5888 County Road 311, New Castle, Colorado 81647, "Owner," and Bill BarrettCorporation, 1099 18th St., Suite 2300, Denver, Colorado 80202, "Operator." Owner does herebygrant, sell, and convey to Operator the right to enter on the land described below to place,construct, operate, repair, maintain, upgrade, convert, and remove a produced water disposal wellalong with associated tanks, pipelines and all necessary equipment, facilities, rights of way,access easements, and the right of ingress and egress over existing roads for the purposesprovided for in this Agreement (collectively referred to herein as the "Disposal Well") and theright to convert said Disposal Well to a producing well as provided herein. The land to whichthis Agreement applies (the "Land") is described as follows:Township 6 South, Range 91 West, 6th P.M.Section 31: NE¼NW¼ Garfield County, ColoradoTo enable Operator to conduct operations on the Land as provided for in this Agreement,Owner and Operator agree as follows:1.Operator, prior to commencement of construction, shall pay a one-time sum of TwentyFive Thousand Dollars ($25,000.00) as initial consideration for the rights describedherein (the "Damage Amount"). The Disposal Well will be located adjacent to theexisting GGU #3-31B well. The attached Exhibit A is the preliminary proposal for thesite plan of the Disposal Well. Operator reserves the right to amend said site plan andDisposal Well as it deems necessary to maintain safe and efficient operations. Suchpayment, in addition to payments under number 2 below, shall constitute payment in fullby Barrett and its affiliates for all normal damages, including, but not limited to, damagesto growing crops, associated with the drilling, construction, completion, recompletion,reworking, re-entry, production, operation, injection, maintenance, and conversion of theDisposal Well. Normal damages include, but are not limited to, reasonable andcustomary ingress, egress, rights-of-way, construction of all access roads, preparation anduse of the drill site area, preparation and use of reserve and completion pits, andconstruction, installation and maintenance of injection and production equipment andfacilities such as flow lines, pipelines, separators, tank batteries, pumps, power lines andother equipment or facilities necessary or convenient for the injection, production,transportation and sale of oil and/or gas and byproducts therefrom.2.Operator, upon commencement of injection of produced water and monthly thereafter onor before the first business day of each month following said initial injection of producedwater, shall pay the sum of $2,500.00 for the continued use of the Land and DisposalWell. Payments will continue on a monthly basis until such time as disposal operationscease as provided herein.3.Operator is authorized to dispose of produced water which is a byproduct of hydrocarbonproduction from lands located in Garfield County, Colorado into the Disposal Well. AllEXHIBIT I
HIllth.NW,\M(.MF,Mthl\"lWht'ht M H II Ill
Reception#:746341
04/11/200809:51:10AM JeanAlberico1of1 Rea Fee:$0.00Doc Fee:0.00GARFIELDCOUNTYCO
SPECL4L USE PERMIT
for
A "hocessing and Material Handling of
Natural Resources"Facility Located on Well
Pad 21B-31-691 and Within a hoperty Owned
By Perry Dan Rodreick (Operator:Bill Barrett
Corporation),Garfield County
Parcel Number:218131200222
In accordance with and pursuant tothe provisionsoftheGarfieldCounty Zoning Resolution
of 1978,as amended,and Resolution No. 2008 -43 of the Board of County
Commissioners of GarfieldCounty,Stateof Colorado,hereby authorizes,by Special Use
Permit,the following activity:
"PROCESSING AND MATERIAL HANDLING OF
NATURAL RESOURCES"
CONCERNING THE PERMITTING OF A TANK FARM
FOR PROCESSING AND RECYCLING OF PRODUCED
WATER OPERATED BY BILL BARRETT CORPORATION
AND LOCATED SOUTH OF THE TOWN OF SILT ON CR
311
The SpecialUse Permit isissued subjecttotheconditionssetforthin theabove-mentioned
resolution,and shall be valid only during compliance with such conditions and other
applicableprovisionsof the GarfieldCounty Zoning Resolution,Subdivision Regulations,
Building Code,and other regulationsof the Board of County Commissioners of Garfield
County,Colorado.
ATTEST:cm *'**GARFIEL UNTY BOARD OF
.*p COMMI IO ,GARFIELD
(884 ::cOUN ,COL
rk of the Board --C
EXHIBIT I
1
EXHIBIT J
DECLARATION OF PROTECTIVE COVENANTS
AND WELL SHARING AGREEMENT FOR
RODREICK MINOR SUBDIVISION
THIS DECLARATION OF PROTECTIVE COVENANTS FOR THE HES 51
COUNTY ROAD 223 MINOR SUBDIVISION is made and entered into _______________________, 2022 ("Effective Date"), by Rodreick Minor Subdivision.
PURPOSE OF COVENANTS
This declaration of protective covenants ("Declaration") shall govern and be
applicable to that certain real property situated in Garfield County, Colorado, known as the
Rodreick Minor Subdivision ("Minor Subdivision") consisting of two (2) lots ("Lots") as
defined and described in the Rodreick Minor Subdivision Plat ("Final Plat") heretofore
recorded on _ _ _ _ _ _ _ _ _ _ _ _ 2022, as Reception in the Office of the Clerk
and Recorder of Garfield County, Colorado. It is the purpose of this Declaration to
create rules regarding water and road use within the Minor Subdivision. This Declaration
shall be a burden upon and run with all the lands within the Subdivision.
ARTICLE I
DOMESTIC WATER WELL
A. Domestic Water Well. Domestic water service for Lots 1 and 2 hall be provided by that water well permitted under Well Permit No.
At all times each Owner shall abide by and comply with the terms, conditions and
provisions contained within the Well Permit. Each Lot shall be deemed to own an
undivided one- half (1/2) share of the Well Permit, Well and shared water system facilities
(e.g. pump, fittings at the well head, pump house, foot valves and any pipes or pipelines
that are jointly used). The individual service line and meter for each Lot shall be owned
exclusively by and be the sole responsibility of that Lot's Owner.
B. Construction of Domestic Water Well. Declarant has previously
constructed the Well and shared water system facilities. Other work required on shared
components of the water system, including electrical charges, to cause the water at the Well
to become and remain available to deliver water to the Owners shall be shared by the
Owners in proportion to their share of ownership in the Well.
C. Operation, Maintenance and Repairs to Domestic Water Well. The
Owners shall cooperate with each other at all times to promote the proper function and use
of the Well and water system to provide an optimum water supply on demand at all times
possible based upon the natural availability of water. The Owners shall not waste water
and shall endeavor to use no more than their respective share of the available water. The
Owners shall cooperate on the future maintenance, operation,
DECLARATION OF PROTECTIVE COVENANTS
RODREICK MINOR SUBDIVISION 2
EXHIBIT J
cooperate on the future maintenance, operation repair, replacement or improvement of
the Well, Water System and all common facilities. Each Lot Owner shall be responsible
for 1/2 of the costs associated with the operation, maintenance, replacement and repairs
to the Well and the shared water system facilities. In the event the Owners are unable to
agree on any required maintenance, repair, replacement or improvement, any Owner shall
be entitled to undertake the minimal maintenance, repair, replacement or improvement
necessary and essential for proper functioning of the common facilities. In the event an
Owner determines to undertake such work unilaterally, such Owner shall notify the
other Owners in writing. The Owner undertaking the work shall, upon completion,
provide the other Owners with a written statement of work performed and the other
Owners' proportionate share of the cost of the same. In the event an Owner fails to
pay the proportionate share of any amount due within thirty (30) days after
presentment, the Owner which has paid such costs _and expense shall be entitled to pursue
any remedy available at law or in equity. The Court, in its discretion, may award to the
prevailing party Court costs and attorneys' fees incurred.
D. Meter Readings and Contract Payment to West Divide Water
Conservancy District. The Owner of Lot 1 shall be responsible to submit meter
readings and annual payment to any contracted water agency in good standing. The
other Lot Owners shall provide their monthly meter readings to the Owner of Lot 1 no
later than the 5th of the following month. The Owner of Lot 1 will provide monthly
invoices for electrical usage based on the meter readings from the prior month.
Payment of the invoices for electrical use shall be made within thirty (30) days.
Annual payment of the Lot 1 and 2 proportionate shares shall be paid to the Owner of
Lot 1 at least 30 days in advance of the due date for any payment due.
E. Waste. No Owner shall waste water, and each Owner shall exercise
prudence and conversation in the use of water in order to allow for the efficient and
beneficial use of the Well
F. Easement. Declarant hereby creates and dedicates to the Owner of each
Lot a permanent, non-exclusive easement for a Well and Water System Easement,
which will be identified as a ten foot (10') Access Easement to Water Well on the
Final Plat recorded contemporaneously herewith in the Garfield County Clerk and
Recorder's Office. The term hereof shall be perpetual. The ownership of the Well and
Water System Easement granted herein is appurtenant to Lots 1 and 2 of the Rodreick
Minor Subdivision and such easement may not be transferred, assigned or conveyed
apart or separately from the respective Lots.
G. Replacement Well. In the event that the existing Well is required to
replaced and drilled in a different location, the Owners shall select a replacement well
site on the basis of the best information available for locating an adequate
underground water source. The Owners shall grant the necessary easements to each
other for the new well site and delivery lines. All costs of drilling, well and pump
installations and equipment shall be borne equally buy the Owners. All costs of
DECLARATION OF PROTECTIVE COVENANTS
RODREICK MINOR SUBDIVISION 3
EXHIBIT J
connection and running of new delivery lines from the relocated well site to the
Owners' individual lots shall be borne separately by the Owners.
Waste. No Owner shall waste water, and each Owner shall exercise prudence and
conversation in the use of water in order to allow for the efficient and beneficial use of
the Well.
ARTICLE II
ROAD MAINTENANCE
Maintenance Standards. Such portions of the roadway from any recorded
easement extending from the County Road to the driveway serving any residence or
improvements of an owner shall be maintained to a minimum standard that will
accommodate convenient travel over a reasonably smooth surface by ordinary two- wheel-
drive passenger automobile.
Sharing of Costs. Any owner of all or any portion of the lands shown on the Plat of
the Rodreick Minor Subdivision whose lands are now or hereafter served by a roadway over
the property shall share the costs to repair and maintain the roadway with the other owner or
owners of the lands served thereby, as follows:
All previously recorded road maintenance agreements, requirements or covenants shall
control. In the event that the previously recorded documents do not address a road maintenance
item, the following shall control.
Each owner shall be responsible for and pay an equal proportionate share of all
costs of maintenance and repairs incurred with respect to the road and attributable to
those portions of the roadway used in common with any other owner or owners.
No owner shall be responsible to share in the costs to repair and maintain any
portion of the roadway from the County Road extending beyond that owner's
driveway.
It is understood that various segments of the roadway may be utilized by various
owners in different combinations. Where maintenance and repair work is performed
on portions of the roadway encompassing more than one (1) such segment, the costs of
such maintenance and repair work shall be first allocated among the various segments
involved on a lineal foot basis. The share so allocated to each segment shall then be
apportioned and allocated among the owners using that segment in common, in the
manner provided above.
Owner Responsibility. Notwithstanding anything herein contained to the contrary,
any maintenance or repair required by the installation of utilities within the easement by an
owner or as a result of the willful or negligent act of an owner, shall be the sole
responsibility and obligation of such owner.
Enforcement. If the failure of any owner served by the roadway to pay his share of
DECLARATION OF PROTECTIVE COVENANTS
RODREICK MINOR SUBDIVISION 4
EXHIBIT J
maintenance costs or otherwise comply with the provisions of this Agreement shall give rise
to a cause of action in favor of any other owner or owners aggrieved thereby, for the
recovery of damages, costs of action and attorney's fees. The failure of an aggrieved owner
to enforce any such rights of collection or enforce the maintenance standards shall in no
event be deemed a waiver of right to do so in the future.
ARTICLE III
MISCELLANEOUS
A. Default. If a Lot Owner fails to discharge its obligations hereunder, any
other Owner may give written notice thereof to such Lot Owner ("Responsible
Owner"). If the Responsible Owner does not cure such failure within twenty (20) days
after its receipt of such notice, then the non-defaulting Owner shall have the right, but
not the obligation, to cure such failure. If an Owner elects to cure the other Owner's
failure under this paragraph, then the defaulting Owner shall, within ten (I 0) days after
written demand by the other Owner (accompanied by invoices setting forth in
reasonable detail the costs incurred by such Owner), reimburse it for the reasonable
costs and expenses incurred in connection therewith, together with interest thereon
from the date of such demand until paid at the rate of 18% per annum.
B. Indemnity. Each Owner of a Lot shall indemnify, defend, and hold
harmless any other Lot Owner from and against any and all claims, damages, liens
(including without limitation mechanics' and materialman's liens), losses, suits,
actions, judgments, liabilities, costs and expenses (including, without limitation,
reasonable attorneys' fees and costs and expenses of litigation) arising from or related
to the operation, construction, maintenance or use of shared facilities addressed in this
Declaration by a Lot Owner or its permittees except to the extent that such claims,
liens, losses, suits, actions judgments, liabilities, costs or expenses result from the
negligence, recklessness or willful act of the indemnified Owner or its permittees.
C. Covenants Running With the Land. This Declaration and the
provisions contained herein are intended to and shall nm with the titles to those real
properties described as Lots 1 and 2 Rodreick Minor Subdivision, and shall be binding
upon and inure to the benefit of the Owners thereof, and their successors and assigns.
The laws of the State of Colorado shall govern the validity, effect and construction of
this Declaration. This Declaration may not be modified in any manner expect by an
instrument in writing signed by the Owners of each of the Lots.
D. Notice. Any notice or demand under this Declaration shall be in writing
and shall be deemed given, received, and served (a) upon personal delivery, or (b) on
the third business day after mailing, postage prepaid, be registered or certified mail,
return receipt requested addressed to such Lot Owner's address as may appear in the
Garfield County Assessor's records.
DECLARATION OF PROTECTIVE COVENANTS
RODREICK MINOR SUBDIVISION 5
EXHIBIT J
E. Default. If a Lot Owner fails to discharge its obligations hereunder, any
other Owner may give written notice thereof to such Lot Owner ("Responsible
Owner"). If the Responsible Owner does not cure such failure within twenty (20) days
after its receipt of such notice, then the non-defaulting Owner shall have the right, but
not the obligation, to cure such failure. If an Owner elects to cure the other Owner's
failure under this paragraph, then the defaulting Owner shall, within ten (I 0) days after
written demand by the other Owner (accompanied by invoices setting forth in
reasonable detail the costs incurred by such Owner), reimburse it for the reasonable
costs and expenses incurred in connection therewith, together with interest thereon
from the date of such demand until paid at the rate of 18% per annum.
F. Indemnity. Each Owner of a Lot shall indemnify, defend, and hold
harmless any other Lot Owner from and against any and all claims, damages, liens
(including without limitation mechanics' and materialman's liens), losses, suits,
actions, judgments, liabilities, costs and expenses (including, without limitation,
reasonable attorneys' fees and costs and expenses of litigation) arising from or related
to the operation, construction, maintenance or use of shared facilities addressed in this
Declaration by a Lot Owner or its permittees except to the extent that such claims,
liens, losses, suits, actions judgments, liabilities, costs or expenses result from the
negligence, recklessness or willful act of the indemnified Owner or its permittees.
G. Covenants Running With the Land. This Declaration and the
provisions contained herein are intended to and shall nm with the titles to those real
properties described as Lots 1 and 2 of the Rodreick Minor Subdivision and shall be
binding upon and inure to the benefit of the Owners thereof, and their successors and
assigns. The laws of the State of Colorado shall govern the validity, effect and
construction of this Declaration. This Declaration may not be modified in any manner
expect by an instrument in writing signed by the Owners of each of the Lots.
H. Notice. Any notice or demand under this Declaration shall be in writing
and shall be deemed given, received, and served (a) upon personal delivery, or (b) on
the third business day after mailing, postage prepaid, be registered or certified mail,
return receipt requested addressed to such Lot Owner's address as may appear in the
Garfield County Assessor's records.
Page1 of1
COURT,DISTRICT COUNTY, COLORADOGARFIELD (GLENWOOD SPRINGS)
Court Address:
109 8TH STREET, STE. 104, GLENWOOD SPRINGS, CO, 81601
In the Interest of:PERRY DAN RODREICK
COURT USE ONLY
Case Number:2020CW3067
Division:E Courtroom:
Decree: Decree of the Water Court
The motion/proposed order attached hereto: GRANTED.
Issue Date:4/11/2021
JAMES BERKLEY BOYD
District Court Judge
DATE FILED: April 11, 2021 9:45 AM
CASE NUMBER: 2020CW3067
EXHIBIT K
DISTRICT COURT, WATER DIVISION NO. 5,
STATE OF COLORADO
Garfield County Courthouse
109 8th Street, #104
Glenwood Springs, CO 81401-3146
COURT USE ONLY
Case No. 2020CW3067
(2010CW304)
CONCERNING THE APPLICATION FOR WATER
RIGHTS OF:
PERRY DAN RODREICK
in Garfield County, Colorado.
FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF THE REFEREE,
JUDGMENT AND DECREE
The above-entitled Application was filed on June 25, 2020 (“Application”). The
Application was referred to the Water Referee for Water Division No. 5, State of Colorado, by the
Water Judge of said Court in accordance with Article 92, Chapter 27, C.R.S., known as the Water
Rights Determination and Administration Act of 1969, as amended. 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 in the
Application, does hereby make the following Findings of Fact, Conclusions of Law, Judgment and
Decree in this matter:
FINDINGS OF FACT
1. Name, address and telephone number of Applicant:
Perry Dan Rodreick
5888 County Road 331
New Castle, CO 81647
With a copy to:
Mary Elizabeth Geiger
Garfield & Hecht, PC
901 Grand Avenue, Suite 201
Glenwood Springs, CO 81601
megeiger@garfieldhecht.com
2. Timely and adequate notice of the filing of this Application was given as required by law.
The Statements in the Application are true except to the extent they have been modified
herein.
3. No Statements of Opposition were filed in this case. The time for filing Statements of
Opposition has expired. The Division Engineer issued a Summary of Consultation in this
matter on September 25, 2020. Applicant filed a Response thereto on January 13, 2021.
The Court has given due consideration to these documents. Attachment to Order - 2020CW3067
Water Division No. 5
Application of Rodreick; Case No. 2020CW3067
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 2
4. Original decree for all water rights herein: Entered on June 14, 2014, in Case No.
10CW304, District Court in and for Water Division No. 5.
5. Applicant requests that the following water right be made absolute for all amounts and
purposes: R-4 Rodreick Reservoir, 1st Enlargement
A. Location: the outlet of the pond is located in NE ¼ NW ¼ Section 31, Township 6
South, Range 91 West of the 6th P.M., in Garfield County, Colorado at a point 680
feet from the North Section line and 2290 feet from the West Section line. The
location of this structure is depicted on Exhibit A.
i. In Case No. 97CW264, the location is described at the spillway, not the
outlet: the spillway at the west end of the reservoir is located in the NE ¼
NW ¼ Section 31, Township 6 South, Range 91 West of the 6th P.M., at a
point 1074 feet from the North Section line and 2136 feet from the West
Section line of said Section 31.
B. Source: the pond is filled with runoff, irrigation wastewater which is tributary to
Gibson Gulch which is tributary to Divide Creek, and the Tallmadge and Gibson
Ditch system which water is tributary to East Divide Creek, tributary to the
Colorado River.
C. Appropriation date: August 31, 2005, by construction of the enlargement and
storage of water and formation of intent to use water for beneficial uses and use of
water.
D. Date water applied to beneficial use: November 1, 2005 for amounts and uses set
forth in section 3.E.i and ii, below (decreed in Case No. 10CW304); April 5, 2014,
for the remaining uses and amounts.
E. Amount claimed and uses:
i. 3.9 acre feet, absolute, for irrigation, livestock watering, piscatorial,
aesthetic, wetlands creation (up to the high water mark of the storage
structure), fire protection and wildlife watering enhancement;
ii. 7.3 acre feet, absolute, for industrial (trucking water for oil and gas
development purposes);
iii. 45.22 acre feet, conditional, with the right to fill and refill in priority for
recreation and augmentation;
iv. 37.92 acre feet, conditional, with the right to fill and refill in priority for
industrial (trucking water for oil and gas development purposes).
Attachment to Order - 2020CW3067
Water Division No. 5
Application of Rodreick; Case No. 2020CW3067
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 3
F. Reservoir Characteristics:
i. Total Capacity: 45.22 acre feet
ii. Surface area: 5.25 acres
iii. Depth: 10 feet
iv. Active storage: 44.25 acre feet
v. Dam Height: 16 feet
vi. Dam Length: 800 feet
G. Place of use: Irrigation is for up to 73 acres located on the Applicant’s property
located in SW ¼ SE ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31
Township 6 South, Range 91 West of the 6th P.M. All of the water rights described
herein will be utilized together to irrigate this same 73 acre parcel. The place of
use is depicted on Exhibit B.
H. Name of owner of property upon which pond is located: Applicant
6. Applicant requests that the following water right be made absolute for all amounts and
purposes: DR Pond No. 1
A. Location: the outlet of the pond is located in the NE ¼ NW ¼ Section 31, Township
6 South, Range 91 West of the 6th P.M., in Garfield County, Colorado at a point
312 feet from the North Section line and 1770 feet from the West Section line. The
location of this structure is depicted on Exhibit A.
B. Source: the pond is filled with runoff, irrigation wastewater which is tributary to
Gibson Gulch which is tributary to Divide Creek, and the Tallmadge and Gibson
Ditch system which water is tributary to East Divide Creek, tributary to the
Colorado River.
C. Appropriation date: August 31, 2005, by construction of the pond and storage of
water and formation of intent to use water for beneficial uses and use of water.
D. Date Water Applied to Beneficial Use: November 1, 2005 for those amounts and
uses set forth in Section 4.E.i, below; April 5, 2014 for those amounts and uses set
forth in Section 4.E.ii, below.
E. Amount and Uses:
i. 0.95 acre feet, absolute, for livestock watering, irrigation, recreation,
piscatorial, aesthetic, wetlands creation (up to the high water mark of the
storage structure), wildlife watering and propagation, and fire protection;
Attachment to Order - 2020CW3067
Water Division No. 5
Application of Rodreick; Case No. 2020CW3067
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 4
ii. 0.95 acre feet, conditional, with the right to fill and refill in priority for
industrial (water hauling for oil and gas development purposes), and
augmentation.
F. Reservoir Characteristics:
i. Total Capacity: 0.95 acre feet
ii. Surface area: 0.33 acres
iii. Depth: 4 feet
iv. Active storage: 0.95 acre feet
v. Dam Height: 5 feet
vi. Dam Length: 350 feet
G. Place of use: Irrigation is for up to 73 acres located on the Applicant’s property
located in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31
Township 6 South, Range 91 West, of the 6th P.M. All of the water rights described
herein will be utilized together to irrigate this same 73 acre parcel. The place of
use is depicted on Exhibit B.
H. Name of owner of property upon which pond is located: Applicant
7. Applicant requests that the following water right be made absolute for all amounts and
uses: DR Pond No. 2
A. Location: the outlet of the pond is located in NE ¼ NW ¼ Section 31, Township 6
South, Range 91 West of the 6th P.M., in Garfield County, Colorado at a point 81
feet from the North Section line and 1760 feet from the West Section line. The
location of this structure is depicted on Exhibit A.
B. Source: the pond is filled with springs, runoff, irrigation wastewater which is
tributary to Gibson Gulch which is tributary to Divide Creek, and the Tallmadge
and Gibson Ditch system which water is tributary to East Divide Creek, tributary
to the Colorado River.
C. Appropriation date: August 31, 2005, by construction of the pond and storage
of water and formation of intent to use water for beneficial uses and use of water.
D. Date applied to Beneficial Use: November 1, 2005 for amounts and uses set forth
in Section 5.E.i, below; April 5, 2014, for amounts and uses set forth in Section
5.E.ii, below.
E. Amount claimed and Uses:
Attachment to Order - 2020CW3067
Water Division No. 5
Application of Rodreick; Case No. 2020CW3067
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 5
i. 4.93 acre feet, absolute, for irrigation, industrial (trucking water for oil and
gas development purposes), livestock watering, recreation, piscatorial,
aesthetic and wildlife watering, wetlands creation (up to the high water
mark of the storage structure), and fire protection
ii. 4.93 acre feet, conditional, with the right to fill and refill in priority for
augmentation.
F. Reservoir Characteristics:
i. Capacity: 4.93 acre feet
ii. Surface area: 0.98 acres
iii. Depth: 5.65 feet
iv. Active storage: 4.93 acre feet
v. Dam Height: 8 feet
vi. Dam Length: 400 feet
G. Place of use: Irrigation is for up to 73 acres located on the applicants property
located in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31
Township 6 South, Range 91 West of the 6th P.M. All of the water rights described
herein will be utilized together to irrigate this same 73 acre parcel. The place of
use is depicted on Exhibit B.
H. Name of owner of property upon which pond is located: Applicant
8. Applicant requests that the following water right be made absolute for all amounts and
uses: DR Pond No. 3
A. Location: the outlet of the pond is located in the SE ¼ SW ¼ Section 30, Township
6 South, and Range 91 West of the 6th P.M., in Garfield County, Colorado at a point
105 feet from the South Section line and 1730 feet from the West Section line. The
location of this structure is depicted on Exhibit A.
B. Source: the pond is filled with runoff, irrigation wastewater which is tributary to
Gibson Gulch which is tributary to Divide Creek, and the Tallmadge and Gibson
Ditch system which water is tributary to East Divide Creek, tributary to the
Colorado River.
C. Appropriation date: August 31, 2005, by construction of the enlargement and
storage of water and formation of intent to use water for beneficial uses and use of
water.
Attachment to Order - 2020CW3067
Water Division No. 5
Application of Rodreick; Case No. 2020CW3067
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 6
D. Date of Application to Beneficial Use: November 1, 2005, for amounts and uses set
forth in Section 6.E.i, below. April 5, 2014, for amounts and uses set forth in
Section 6.E.ii, below.
E. Amount claimed and Uses:
i. 3.47 acre feet, absolute, for irrigation, livestock watering, recreation,
piscatorial, aesthetic and wildlife watering, wetlands creation (up to the high
water mark of the storage structure) and fire protection;
ii. 3.47 acre feet, conditional, with the right to fill and refill in priority for
industrial (trucking water for oil and gas development purposes) and
augmentation.
F. Reservoir Characteristics:
i. Capacity: 3.47 acre feet
ii. Surface area: .74 acres
iii. Depth: 5.3 feet
iv. Active storage: 3.47 acre feet
v. Dam Height: 8 feet
vi. Dam Length: 400 feet
G. Place of use: Irrigation is for up to 73 acres located on the Applicant’s property
located in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31
Township 6 South, Range 91 West of the 6th P.M. All of the water rights described
herein will be utilized together to irrigate this same 73 acre parcel. The place of use
is depicted on Exhibit B.
H. Name of owner of property upon which pond is located: Applicant
9. Applicant requests that the following water right be made absolute for all amounts and
uses: DR Pond No. 5
A. Location: the outlet of the pond will be located in SE ¼ SW ¼ Section 30,
Township 6 South, and Range 91 West of the 6th P.M., in Garfield County,
Colorado at a point 947 feet from the South Section line and 1720 feet from the
West Section line. The location of this structure is depicted on Exhibit A.
B. Source: the pond is filled with runoff, irrigation wastewater which is tributary to
Gibson Gulch which is tributary to Divide Creek, and the Tallmadge and Gibson
Ditch system which water is tributary to East Divide Creek, tributary to the
Colorado River.
Attachment to Order - 2020CW3067
Water Division No. 5
Application of Rodreick; Case No. 2020CW3067
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 7
C. Appropriation date: August 31, 2005, by construction of the pond and storage of
water and formation of intent to use water for beneficial uses and use of water.
D. Date Water Applied to Beneficial Use: November 1, 2005, for amounts and uses
set forth in Section 7.E.i, below. April 5, 2014, for amounts and uses set forth in
Section 7.E.ii, below.
E. Amount Claimed and Uses:
i. 4.93 acre feet absolute for irrigation, livestock watering, recreation,
piscatorial, aesthetic and wildlife watering, wetlands creation (up to the high
water mark of the storage structure), and fire protection;
ii. 4.93 acre feet conditional, with the right to fill and refill in priority for
industrial (trucking water for oil and gas development) and augmentation.
F. Reservoir Characteristics:
i. Amount: 4.93 acre feet
ii. Surface area: .63 acres
iii. Depth: 10 feet
iv. Active storage: 4.93 acre feet
v. Dam Height: 10 feet
vi. Dam Length: 400 feet
G. Place of use: Irrigation is for up to 73 acres located on the applicants property
located in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31
Township 6 South, Range 91 West of the 6th P.M. All of the water rights described
herein will be utilized together to irrigate this same 73 acre parcel. The place of
use is depicted on Exhibit B.
H. Name of owner of property upon which pond is located: Applicant
10. Applicant requests that the following water right be made absolute for all amounts and
uses: DR Pond No. 6
A. Location: the outlet of the pond will be located in SE ¼ SW ¼ Section 30,
Township 6 South, and Range 91 West of the 6th P.M., in Garfield County,
Colorado at a point 1105 feet from the South Section line and 1740 feet from the
West Section line. The location of this structure is depicted on Exhibit A.
Attachment to Order - 2020CW3067
Water Division No. 5
Application of Rodreick; Case No. 2020CW3067
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 8
B. Source: is filled with runoff, irrigation wastewater which is tributary to Gibson
Gulch which is tributary to Divide Creek, and the Tallmadge and Gibson Ditch
system which water is tributary to East Divide Creek, tributary to the Colorado
River.
C. Appropriation date: August 31, 2005, by construction of the pond and storage of
water and formation of intent to use water for beneficial uses and use of water.
D. Date Applied to Beneficial Use: November 1, 2005, for amounts and uses set forth
in Section 8.E.i, below. April 5, 2014, for amounts and uses set forth in Section
8.E.ii, below.
E. Amount claimed and Uses:
i. 4.57 acre feet absolute for livestock watering, recreation, piscatorial,
aesthetic and wildlife watering, wetlands creation (up to the high water
mark of the storage structure), and fire protection
ii. 4.57 acre feet, conditional, with the right to fill and refill in priority for
irrigation, industrial (water hauling for oil and gas development) and
augmentation.
F. Reservoir Characteristics:
i. Capacity: 4.57 acre feet
ii. Surface area: 0.59 acres
iii. Depth: 10 feet
iv. Active storage: 4.5 acre feet
v. Dam Height: 10 feet
vi. Dam Length: 400 feet
G. Place of use: Irrigation is for up to 73 acres located on the applicants property
located in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31
Township 6 South, Range 91 West 6th P.M. All of the water rights described herein
will be utilized together to irrigate this same 73 acre parcel. The place of use is
depicted on Exhibit B.
H. Name of owner of property upon which pond is located: Applicant
11. Applicant requests that the following water right be made absolute for all amounts and
uses: DR Pond No. 7
Attachment to Order - 2020CW3067
Water Division No. 5
Application of Rodreick; Case No. 2020CW3067
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 9
A. Location: the outlet of the pond will be located in NE ¼ SW ¼ Section 30,
Township 6 South, and Range 91 West of the 6th P.M., in Garfield County,
Colorado at a point 1330 feet from the South Section line and 1835 feet from the
West Section line. The location of this structure is depicted on Exhibit A.
B. Source: the pond is filled with runoff, irrigation wastewater which is tributary to
Gibson Gulch which is tributary to Divide Creek, and the Tallmadge and Gibson
Ditch system which water is tributary to East Divide Creek, tributary to the
Colorado River.
C. Appropriation date: August 31, 2005, by construction of the pond and storage of
water and formation of intent to use water for beneficial uses.
D. Date Water Applied to Beneficial Use: November 1, 2005, for amounts and uses
set forth in Section 9.E.i, below. April 5, 2014, for amounts and uses set forth in
Section 9.E.ii, below.
E. Amount claimed and Uses:
i. 7.56 acre feet absolute for livestock watering, recreation, piscatorial,
aesthetic and wildlife watering, wetlands creation (up to high water mark of
storage structure) and fire protection
ii. 7.56 acre feet conditional, with the right to fill and refill in priority for
irrigation industrial (trucking water for oil and gas development) and
augmentation.
F. Reservoir Characteristics:
i. Amount: 7.56 acre feet
ii. Surface area: .92 acres
iii. Depth: 10 feet
iv. Active storage: 7.3 acre feet
v. Dam Height: 10 feet
vi. Dam Length: 450 feet
G. Place of use: Irrigation is for up to 73 acres located on the applicants property
located in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31
Township 6 South, Range 91 West 6th P.M. All of the water rights described herein
will be utilized together to irrigate this same 73 acre parcel. The place of use is
depicted on Exhibit B.
H. Name of owner of property upon which pond is located: Applicant
Attachment to Order - 2020CW3067
Water Division No. 5
Application of Rodreick; Case No. 2020CW3067
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 10
12. Applicant requests that the following water right be made absolute for all amounts and
uses: DR Pond No. 8
A. Location: the outlet of the pond will be located in NE ¼ SW ¼ Section 30,
Township 6 South, and Range 91 West of the 6th P.M., in Garfield County,
Colorado at a point 1320 feet from the South Section line and 2415 feet from the
West Section line. The location of this structure is depicted on Exhibit A.
B. Source: the pond is filled with runoff, irrigation wastewater which is tributary to
Gibson Gulch which is tributary to Divide Creek, and the Tallmadge and Gibson
Ditch system which water is tributary to East Divide Creek, tributary to the
Colorado River.
C. Appropriation date: August 31, 2006, by construction of the pond and storage of
water and formation of intent to use water for beneficial uses and use of water.
D. Date Water Applied to Beneficial Use: November 1, 2006, for amounts and uses
set forth in Section 10.E.i, below. April 5, 2014, for amounts and uses set forth in
Section 10.E.ii, below.
E. Amount claimed and Uses:
i. 2.91 acre feet absolute for industrial (trucking water for oil and gas
development) livestock watering, recreation, piscatorial, aesthetic and
wildlife watering, wetlands creation (up to high water mark of structure)
and fire protection
ii. 2.91 acre feet absolute, with the right to fill and refill in priority for
irrigation and augmentation.
F. Reservoir Characteristics:
i. Capacity: 2.91 acre feet
ii. Surface area: .67 acres
iii. Depth: 5 feet
iv. Active storage: 2.7 acre feet
v. Dam Height: 8 feet
vi. Dam Length: 500 feet
G. Place of use: Irrigation is for up to 73 acres located on the Applicant’s property
located in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31
Township 6 South, Range 91West 6th P.M. All of the water rights described herein Attachment to Order - 2020CW3067
Water Division No. 5
Application of Rodreick; Case No. 2020CW3067
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 11
will be utilized together to irrigate this same 73 acre parcel. The place of use is
depicted on Exhibit B.
H. Name of owner of property upon which pond is located: Applicant
13. Applicant requests the following water right be made absolute for all amounts and uses:
DR Pond No. 9
A. Location: the outlet of the pond will be located in NW ¼ SE ¼ Section 30,
Township 6 South, Range 91 West of the 6th P.M., in Garfield County, Colorado at
a point 1368 feet from the South Section line and 1855 feet from the East Section
line. The location of this structure is depicted on Exhibit A.
B. Source: the pond is filled with springs, runoff, irrigation wastewater which is
tributary to Gibson Gulch which is tributary to Divide Creek, and the Tallmadge
and Gibson Ditch system which water is tributary to East Divide Creek, tributary
to the Colorado River.
C. Appropriation date: August 31, 2000, by construction of the pond and storage of
water and formation of intent to use water for beneficial uses and use of water.
D. Date of Application to beneficial Use: November 1, 2000, for amounts and uses set
forth in Section 11.E.i, below. April 5, 2014, for amounts and uses set forth in
Section 11.E.ii, below.
E. Amount claimed and Uses:
i. 2.95 acre feet absolute for irrigation, livestock watering, recreation,
piscatorial, aesthetic and wildlife watering, wetlands creation (up to the high
water mark of the storage structure) and fire protection
ii. 2.95 acre feet conditional, with the right to fill and refill in priority for
industrial (water hauling for oil and gas development) and augmentation.
F. Reservoir Characteristics:
i. Capacity: 2.95 acre feet
ii. Surface area: .6 acres
iii. Depth: 6 feet
iv. Active storage: 2.95 acre feet
v. Dam Height: 10 feet
vi. Dam Length: 400 feet
Attachment to Order - 2020CW3067
Water Division No. 5
Application of Rodreick; Case No. 2020CW3067
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 12
G. Place of use: Irrigation is for up to 73 acres located on the applicants property
located in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31
Township 6 South, Range 91 West 6th P.M. All of the water rights described herein
will be utilized together to irrigate this same 73 acre parcel. The place of use is
depicted on Exhibit B.
H. Name of owner of property upon which pond is located: Applicant
14. Applicant requests that the following water right be made absolute for all amounts and
uses: DR Pond No. 10
A. Location: the outlet of the pond will be located in SW ¼ SE ¼ Section 30,
Township 6 South, and Range 91 West of the 6th P.M., in Garfield County,
Colorado at a point 1065 feet from the South Section line and 1653 feet from the
East Section line. The location of this structure is depicted on Exhibit A.
B. Source: the pond is filled with springs, runoff, irrigation wastewater which is
tributary to Gibson Gulch which is tributary to Divide Creek, and the Tallmadge
and Gibson Ditch system which water is tributary to East Divide Creek, tributary
to the Colorado River.
C. Appropriation date: August 31, 2008, by construction of the pond and storage of
water and formation of intent to use water for beneficial uses and use of water.
D. Date of Application to Beneficial use: November 1, 2008, for amounts and uses set
forth in Section 12.E.i, below. April 5, 2014, for amounts and uses set forth in
Section 12.E.ii, below.
E. Amount claimed and Uses:
i. 2.06 acre feet absolute for livestock watering, recreation, piscatorial,
aesthetic and wildlife watering, wetlands creation (up to the high water
mark of the storage structure) and fire protection
ii. 2.06 acre feet conditional, with the right to fill and refill in priority for
irrigation, industrial (water hauling for oil and gas development) and
augmentation.
F. Reservoir Characteristics:
i. Capacity: 2.06 acre feet
ii. Surface area: .45 acres
iii. Depth: 5.8 feet Attachment to Order - 2020CW3067
Water Division No. 5
Application of Rodreick; Case No. 2020CW3067
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 13
iv. Active storage: 2.0 acre feet
v. Dam Height: 9 feet
vi. Dam Length: 400 feet
G. Place of use: Irrigation is for up to 73 acres located on the applicant’s property
located in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31
Township 6 South, Range 91 West 6th P.M. All of the water rights described herein
will be utilized together to irrigate this same 73 acre parcel. The place of use is
depicted on Exhibit B
H. Name of owner of property upon which pond is located: Applicant.
15. Applicant requests that the following water right be made absolute for all amounts and
uses: R-4 Hidden Pond No. 2, 1st Enlargement
A. Location: the outlet of the pond will be located in SW ¼ SE ¼ Section 30,
Township 6 South, and Range 91 West of the 6th P.M., in Garfield County,
Colorado at a point 712 feet from the South Section line and 2413 feet from the
East Section line. The location of this structure is depicted on Exhibit A.
B. Source: the pond is filled with runoff, irrigation wastewater which is tributary to
Gibson Gulch which is tributary to Divide Creek, and the Tallmadge and Gibson
Ditch system which water is tributary to East Divide Creek, tributary to the
Colorado River.
C. Appropriation date: August 31, 2005, by construction of the enlargement and
storage of water and formation of intent to use water for beneficial uses and use of
water.
D. Date of Application to Beneficial Use: November 1, 2005, for amounts and uses set
forth in Section 13.E.i, below. April 5, 2014, for amounts and uses set forth in
Section 13.E.ii, below.
E. Amount claimed and Uses:
i. 4.19 acre feet absolute for irrigation, livestock watering, recreation,
piscatorial, aesthetic and wildlife watering, wetlands creation (up to the high
water mark of the storage structure) and fire protection
ii. 9.69 acre feet conditional, with the right to fill and refill in priority for
industrial (water hauling for oil and gas development) and augmentation.
Attachment to Order - 2020CW3067
Water Division No. 5
Application of Rodreick; Case No. 2020CW3067
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 14
F. Reservoir Characteristics:
i. Capacity: 9.69 acre feet
ii. Surface area: 1.18 acres
iii. Depth: 10 feet
iv. Active storage: 9.5 acre feet
v. Dam Height: 10 feet
vi. Dam Length: 400 feet
G. Place of use: Irrigation is for up to 73 acres located on the applicant’s property
located in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31
Township 6 South, Range 91 West 6th P.M. All of the water rights described herein
will be utilized together to irrigate this same 73 acre parcel. The place of use is
depicted on Exhibit B.
H. Name of owner of property upon which pond is located: Applicant.
16. Applicant requests that the following water right be made absolute for all amounts and
uses: R-4 Duck Pond, 1st Enlargement
A. Location: the spillway of the pond will be located in SE ¼ SW ¼ Section 30,
Township 6 South, and Range 91 West of the 6th P.M., in Garfield County,
Colorado at a point 1126 feet from the South Section line and 2427 feet from the
West Section line. The location of this structure is depicted on Exhibit A.
B. Source: the pond will be filled with springs, runoff, irrigation wastewater which is
tributary to Gibson Gulch which is tributary to Divide Creek, and the Tallmadge
and Gibson Ditch system which water is tributary to East Divide Creek, tributary
to the Colorado River.
C. Appropriation date: August 31, 2005, by construction of the enlargement and
storage of water and formation of intent to use water for beneficial uses and use of
water.
D. Date of Application to Beneficial Use: November 1, 2005, for amounts and uses in
Section 14.E.i, below. April 5, 2014, for amounts and uses in Section 14.E.ii,
below.
E. Amount claimed and Uses:
i. 4.36 acre feet absolute for livestock watering, piscatorial, aesthetic,
wetlands creation, wildlife watering and fire protection purposes
Attachment to Order - 2020CW3067
Water Division No. 5
Application of Rodreick; Case No. 2020CW3067
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 15
ii. 14.69 acre feet conditional, with the right to fill and refill in priority for
irrigation, industrial (water hauling for oil and gas development) and
augmentation.
F. Reservoir Characteristics:
i. Capacity: 14.69 acre feet
ii. Surface area: 1.85 acres
iii. Depth: 10 feet
iv. Active storage: 14.69 acre feet
v. Dam Height: 10 feet
vi. Dam Length: 420 feet
G. Place of use: Irrigation is for up to 73 acres located on the applicant’s property
located in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31
Township 6 South, Range 91 West 6th P.M. All of the water rights described herein
will be utilized together to irrigate this same 73 acre parcel. The place of use is
depicted on Exhibit B.
H. Name of owner of property upon which pond is located: Applicant.
17. Applicant requests that the following water right be made absolute for all amounts and
uses: Rieger Pond, 3rd Enlargement
A. Location: the low level outlet of the pond will be located in SE ¼ SW ¼ Section
30, Township 6 South, Range 91 West of the 6th P.M., in Garfield County, Colorado
at a point 525 feet from the South Section line and 1720 feet from the West Section
line. The location of this structure is depicted on Exhibit A.
B. Source: the pond is filled with runoff, irrigation wastewater which is tributary to
Gibson Gulch which is tributary to Divide Creek, and the Tallmadge and Gibson
Ditch system which water is tributary to East Divide Creek, tributary to the
Colorado River.
C. Appropriation date: August 31, 2005, by construction of the enlargement and
storage of water and formation of intent to use water for beneficial uses and use of
water.
D. Date Water Applied to Beneficial Use: November 1, 2005, for amounts and uses
set forth in Section 15.E.i-iii, below. April 5, 2014, for amounts and uses set forth
in Section 15.E.iv, below.
E. Amount claimed and Uses: Attachment to Order - 2020CW3067
Water Division No. 5
Application of Rodreick; Case No. 2020CW3067
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 16
i. 1.65 acre feet absolute for irrigation, piscatorial, livestock watering,
aesthetic and wildlife watering, wetlands creation (up to the high water
mark of the storage structure), and fire protection.
ii. 1.0 acre feet absolute for piscatorial and livestock watering.
iii. 5.0 acre feet absolute for fire protection, aesthetics, and wildlife watering.
iv. 16.65 acre feet conditional, with the right to fill and refill in priority for
industrial (water hauling for oil and gas development) and augmentation. .
F. Reservoir Characteristics:
i. Capacity: 16.65 acre feet
ii. Surface area: 1.92 acres
iii. Depth: 10 feet
iv. Active storage: 15 acre feet
v. Dam Height: 10 feet
vi. Dam Length: 420 feet
G. Place of use: Irrigation is for up to 73 acres located on the applicant’s property
located in SE ¼ SW ¼ and SW ¼ SE ¼ Section 30 and NE ¼ NW ¼ Section 31
Township 6 South, Range 91 West 6th P.M. All of the water rights described herein
will be utilized together to irrigate this same 73 acre parcel. The place of use is
depicted on Exhibit B.
H. Name of owner of property upon which pond is located: Applicant.
18. In 2013, the Colorado legislature enacted C.R.S. § 37-92-301(4) which states: “A decreed
conditional water storage right shall be made absolute for all decreed purposes to the extent
of the volume of the appropriation that has been captured, possessed and controlled at the
decreed storage structure.” Therefore, the Court finds that the impoundment of water
described above for the R-4 Rodreick Reservoir, 1st Enlargement, DR Pond Nos. 1, 2, 3, 5,
6, 7, 8, 9, 10, R-4 Hidden Pond No. 2, 1st Enlargement, R-4 Duck Pond, 1st Enlargement,
and Rieger Pond, 3rd Enlargement, should be made absolute for all decreed amounts and
uses.
CONCLUSIONS OF LAW
19. To the extent they constitute legal conclusions; the foregoing Findings of Fact are
incorporated herein. Attachment to Order - 2020CW3067
Water Division No. 5
Application of Rodreick; Case No. 2020CW3067
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 17
20. The Application was timely and properly filed in accordance with the statutory
requirements. All notices required by law have been properly made, including as required
under C.R.S. § 37-92-302(3).
21. The Application is complete, covering all applicable matters required pursuant to the Water
Right Determination and Administration Act of 1969. C.R.S. §§ 37-92-101-602.
22. The request for a decree making the subject water rights absolute is as a matter of law
permissible and comes within the definitions authorized by statute.
23. Applicant has fulfilled all legal requirements for entry of a decree making the subject water
rights absolute and unconditional.
24. The Court has jurisdiction of this matter and of all persons, whether they have appeared or
not. C.R.S. §§ 37-92-302(1), -302(2) and -303(1).
RULING OF THE REFEREE
25. The foregoing Findings of Fact and Conclusions of Law are incorporated herein by this
reference. The Referee concludes that the Application should granted, subject to the terms
and conditions set forth herein.
26. Applicant has demonstrated that the water rights decreed to R-4 Rodreick Reservoir, 1st
Enlargement, DR Pond Nos. 1, 2, 3, 5, 6, 7, 8, 9, 10, R-4 Hidden Pond No. 2, 1st
Enlargement, R-4 Duck Pond, 1st Enlargement, and Rieger Pond, 3rd Enlargement, have
been made absolute for all decreed amounts and uses.
27. It is accordingly ordered that this Ruling of the Referee and Judgment and Decree shall be
filed with the Water Clerk and shall become effective upon such filing, subject to judicial
review pursuant to C.R.S. § 37-92-304, as amended.
A copy of this Ruling shall be filed with the Division Engineer for Water Division No. 5
and with the State Engineer.
It is further ORDERED that this Ruling shall be filed with the Water Clerk, subject to
judicial review.
Dated: March 16, 2021.
Water Referee, Water Division No. 5 Attachment to Order - 2020CW3067
Water Division No. 5
Application of Rodreick; Case No. 2020CW3067
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 18
JU DGMENT AND DECREE
As no protest was filed in this matter and the protest period has passed, the foregoing
Ruling of the Referee is hereby entered as a final Judgment and Decree of this Court.
Done this day of , 2021.
BY THE COURT:
Water Judge, Water Division No. 5
Attachment to Order - 2020CW3067
DATE FILED: April 17, 2014 2:33 PM
FILING ID: 9B07CD86CBE7C
CASE NUMBER: 2010CW304
EXHIBIT B
DATE FILED: June 25, 2020 1:54 PM
FILING ID: 130ABDFFA73AC
CASE NUMBER: 2020CW3067
DATE FILED: March 2, 2021 9:08 PM
Attachment to Order - 2020CW3067
Stage Area Cum. Vol.Stage Area Cum. Vol.
(Feet) (Acres) (AF) (Feet) (Acres) (AF)
3.33 0.33 0.95 10.00 0.63 4.93
3.00 0.32 0.85 9.00 0.60 4.33
2.00 0.30 0.54 8.00 0.57 3.73
1.00 0.27 0.25 7.00 0.54 3.18
0.00 0.23 0.00 6.00 0.52 2.64
5.00 0.49 2.15
4.00 0.46 1.66
3.00 0.44 1.22
2.00 0.41 0.78
1.00 0.39 0.39
Stage Area Cum. Vol.0.00 0.37 0.00
(Feet) (Acres) (AF)
5.65 0.98 4.93
5.00 0.96 4.30
4.00 0.92 3.37
3.00 0.88 2.47
2.00 0.84 1.61 Stage Area Cum. Vol.
1.00 0.81 0.78 (Feet) (Acres) (AF)
0.00 0.76 0.00 10.00 0.59 4.57
9.00 0.56 4.00
8.00 0.54 3.44
7.00 0.51 2.93
6.00 0.48 2.42
5.00 0.45 1.97
Stage Area Cum. Vol.4.00 0.43 1.52
(Feet) (Acres) (AF)3.00 0.40 1.11
5.30 0.74 3.47 2.00 0.38 0.71
5.00 0.73 3.25 1.00 0.35 0.35
4.00 0.70 2.53 0.00 0.33 0.00
3.00 0.67 1.85
2.00 0.64 1.20
1.00 0.60 0.58
0.00 0.55 0.00
Stage Area Cum. Vol.
(Feet) (Acres) (AF)
10.00 0.92 7.56
9.00 0.89 6.67
Stage Area Cum. Vol.8.00 0.85 5.78
(Feet) (Acres) (AF)7.00 0.82 4.96
10.00 1.92 16.65 6.00 0.79 4.14
9.00 1.86 14.78 5.00 0.75 3.39
8.00 1.81 12.92 4.00 0.72 2.64
7.00 1.76 11.16 3.00 0.69 1.95
6.00 1.71 9.40 2.00 0.66 1.26
5.00 1.66 7.74 1.00 0.63 0.63
4.00 1.61 6.08 0.00 0.60 0.00
3.00 1.57 4.51
2.00 1.52 2.95
1.00 1.47 1.47
0.00 1.43 0.00
DR Pond No. 3
Stage-Area Capacity Table
Rieger Pond, 1st Enl., 2nd Enl.
Stage-Area Capacity Table
DR Pond No. 1
Stage-Area Capacity Table
DR Pond No. 2
Stage-Area Capacity Table
DR Pond No. 5
Stage-Area Capacity Table
DR Pond No. 6
Stage-Area Capacity Table
DR Pond No. 7
Stage-Area Capacity Table
K:\Clients\1247 RODREICK\1.1 Plan for Augmentation\
Rodreick Stage Capacity Tables.xls
Resource Engineering, Inc
3/6/2013
Prepared By: EFM/RKM
Checked By: MJE
DATE FILED: April 17, 2014 2:33 PM
FILING ID: 9B07CD86CBE7C
CASE NUMBER: 2010CW304
DATE FILED: March 2, 2021 9:08 PM
Attachment to Order - 2020CW3067
Stage Area Cum. Vol.Stage Area Cum. Vol.
(Feet) (Acres) (AF) (Feet) (Acres) (AF)
3.00 0.52 1.40 5.00 0.67 2.91
2.00 0.48 0.90 4.00 0.63 2.26
1.00 0.45 0.44 3.00 0.60 1.64
0.00 0.42 0.00 2.00 0.56 1.06
1.00 0.53 0.51
0.00 0.50 0.00
Stage Area Cum. Vol.
(Feet) (Acres) (AF)
10.00 1.18 9.69 Stage Area Cum. Vol.
9.00 1.13 8.56 (Feet) (Acres) (AF)
8.00 1.09 7.42 6.10 0.60 2.95
7.00 1.05 6.37 5.10 0.56 2.39
6.00 1.01 5.32 4.10 0.52 1.83
5.00 0.97 4.36 3.10 0.48 1.35
4.00 0.93 3.39 2.10 0.45 0.86
3.00 0.89 2.50 1.10 0.41 0.45
2.00 0.85 1.62 0.10 0.38 0.04
1.00 0.81 0.81 0.00 0.37 0.00
0.00 0.77 0.00
Stage Area Cum. Vol.
Stage Area Cum. Vol.(Feet) (Acres) (AF)
(Feet) (Acres) (AF)5.80 0.45 2.06
10.00 5.25 45.22 4.80 0.41 1.65
9.00 5.10 40.04 3.80 0.38 1.24
8.00 4.94 34.86 2.80 0.35 0.88
7.00 4.78 30.08 1.80 0.32 0.53
6.00 4.62 25.29 0.80 0.29 0.23
5.00 4.44 20.85 0.00 0.27 0.00
4.00 4.25 16.41
3.00 3.93 12.48
2.00 3.61 8.55
1.00 2.97 5.58
0.00 2.33 2.61
-1.00 1.23 1.38 Stage Area Cum. Vol.
-2.00 0.13 0.15 (Feet) (Acres) (AF)
-3.00 0.08 0.08 10.00 1.85 14.69
-4.00 0.02 0.01 9.00 1.80 12.90
-5.00 0.00 0.00 8.00 1.74 11.10
7.00 1.69 9.41
6.00 1.64 7.72
5.00 1.59 6.13
4.00 1.54 4.55
3.00 1.49 3.06
2.00 1.44 1.57
1.00 0.79 0.79
0.00 0.13 0.00
DR Pond No. 8
Stage-Area Capacity Table
R-4 Pond 3
Stage-Area Capacity Table
R-4 Roderick Reservoir
Stage-Area Capacity Table
R-4 Duck Pond, 1st Enl.
Stage-Area Capacity Table
DR Pond No. 9
Stage-Area Capacity Table
DR Pond No. 10
Stage-Area Capacity Table
R-4 Hidden Pond No. 2, 1st Enl.
Stage-Area Capacity Table
K:\Clients\1247 RODREICK\1.1 Plan for Augmentation\
Rodreick Stage Capacity Tables.xls
Resource Engineering, Inc
3/6/2013
Prepared By: EFM/RKM
Checked By: MJEAttachment to Order - 2020CW3067
Elevation = 5840 feetMean Annual Evaporation = 45 inches(1)(2)(8)Month(feet)(inches)(feet)(inches)(feet)(inches)(feet)(inches)(feet)(inches)(acre-feet)January0 3.0% 0.11 1.35 0.00 0.00 0.10 1.16 0.00 0.00 0.00 0.00 0.000February 15 3.5% 0.13 1.58 0.07 0.84 0.09 1.08 0.00 0.00 0.07 0.84 0.070March31 5.5% 0.21 2.48 0.21 2.48 0.13 1.55 0.00 0.00 0.21 2.48 0.206April30 9.0% 0.34 4.05 0.34 4.05 0.12 1.45 0.00 0.00 0.34 4.05 0.338May31 12.0% 0.45 5.40 0.45 5.40 0.14 1.67 0.00 0.00 0.45 5.40 0.450June30 14.5% 0.54 6.53 0.54 6.53 0.08 0.97 0.00 0.00 0.54 6.53 0.544July31 15.0% 0.56 6.75 0.56 6.75 0.10 1.22 0.00 0.00 0.56 6.75 0.563August31 13.5% 0.51 6.08 0.51 6.08 0.11 1.35 0.00 0.00 0.51 6.08 0.506September 30 10.0% 0.38 4.50 0.38 4.50 0.12 1.47 0.00 0.00 0.38 4.50 0.375October31 7.0% 0.26 3.15 0.26 3.15 0.13 1.60 0.00 0.00 0.26 3.15 0.263November 23 4.0% 0.15 1.80 0.12 1.38 0.11 1.33 0.00 0.00 0.12 1.38 0.115December 0 3.0% 0.11 1.35 0.00 0.00 0.10 1.14 0.00 0.00 0.00 0.00 0.000Total283100.0%3.7545.003.4341.151.3315.980.000.003.4341.153.4291. Number of days in the month that the average temperature is above 32 degrees F. The temperature data is from PRISM, adjusted for site.2. Evaporation distribution based on SB 120 guidelines.3. Distributes NOAA NWS Evaporation based on Column (2).4. Gross evaporation is adjusted for the time period when the temperature is equal to or greater than 32 degrees F.5. Monthly precipitation data from PRISM.6. Equal to 0 per State Policy No. 2004-3.7. Equals Column (4).8. Equals Column (7) in acre-feet per acre of pond surface areaNet Evaporation per AcreNet Pond EvaporationGross Lake EvaporationGross Evap. Temp >=32oFPRISM Average PrecipitationEffective PrecipitationNo. Days Temp>= 32 Deg. FSEO Monthly DistributionTABLE 2Rodreick Plan for Augmenation - Net Pond Evaporation Summary(7)(4)(3)(5) (6)Rodreick Plan for AugmentationEngineering ReportRESOURCE ENGINEERING, INC.12/17/2010Prepared by EFMChecked by MJEDATE FILED: April 17, 2014 2:33 PM FILING ID: 9B07CD86CBE7C CASE NUMBER: 2010CW304DATE FILED: March 2, 2021 9:08 PMAttachment to Order - 2020CW3067
DEPLETIONSNet EvaporationTotal PotentialTotal PotentialMonthRatePond EvaporationPond Evaporation(acre-feet per acre)(acre-feet)(acre-feet)(1)(2)(3)January 0.0000.0000.000February0.0701.1691.169March0.2063.4303.430April0.3385.6135.613May0.4507.4847.484June0.5449.0439.043July0.5639.3549.354August0.5068.4198.419September0.3756.2366.236October0.2634.3654.365November0.1151.9121.912December0.0000.0000.000Total3.42957.02557.025Notes:(1) Net Evaporation Rate from Table 2(2) Total potential evaporation from 16.63 acres of ponds. Equals 16.63 surface acres x Column (1)(3) Equal to Column (2). Evaporative Losses are 100% Depletive.DIVERSIONSTABLE 3Rodreick Plan For AugmentationWater Diversions and DepletionsRodreick Plan for AugmentationEngineering ReportRESOURCE ENGINEERING, INC.3/5/2013Prepared by EFMChecked by MJEDATE FILED: April 17, 2014 2:33 PM FILING ID: 9B07CD86CBE7C CASE NUMBER: 2010CW304DATE FILED: March 2, 2021 9:08 PMAttachment to Order - 2020CW3067
TotalTotalAFAF USESAF USES AF AFAF USES AF USES AFR-4 Rodreick Reservoir, and Enlargement41.32 97CW2643.90 1,4,6,7,9,Qa,Qw,W 3.90A 3.90 45.22 3.40 441.32 37.92A, 5 441.32R-4 Duck Pond, with Enlargement10.33 97CW2644.36 5,6,7,9,Qa, Qw,W 4.36 1,4,A 4.36 14.6910.33 4,A 10.33R-4 Hidden Pond No. 2, with Elargement5.5 97CW2644.19 1,5,6,7,9,Qa, Qw,W 4.19 4,A 4.19 9.695.50 4,A 5.50R-4 Pond 32.0 92CW3440.00 2.000.00Rieger Pond and Enlargement1.0 89CW46 4.0 92CW344 10.00 97CW2641.65 1,5,6,7,9,Qa, Qw,W 1.65 4,A 1.65 16.651.0 5.06,9 7,W15.00 4,A 15.00DR Pond No. 10.95 1,5,6,7,9,Qa,Qw,W 0.95 4,A, 0.95 0.95DR Pond No. 24.93 1,4,5,6,7,9,Qa,Qw,W 4.93A 4.93 4.93DR Pond No. 33.47 1,5,6,7,9,Qa,Qw,W 3.47 4,A 6.00 6.00DR Pond No. 4 DR Pond No. 54.93 1,5,6,7,9,Qa,Qw,W 4.93 4,A 4.93 4.93DR Pond No. 64.57 5,6,7,9,Qa,Qw,W 4.57 1,4,A 4.57 4.57DR Pond No. 77.56 5,6,7,9,Qa,Qw,W 7.56 1,4,A 7.56 7.56DR Pond No. 82.91 4,5,6,7,9,Qa,Qw,W 2.91 1,A 2.91 2.91DR Pond No. 92.95 1,5,6,7,9,Qa,Qw,W 2.95 4,A 2.95 2.95DR Pond No. 102.06 5,6,7,9,Qa,Qw,W 2.06 1,4,A 2.06 2.06USE CODES1 IRRIGATION9 STOCK WATER4 INDUSTRIALA AUGMENTATION & REPLACEMENT5 RECREATIONQa AESTHETICS6 FISHERY/PISCATORIALQw WETLANDS7 FIRE PROTECTIONW WILDLIFENOTE: The above storage amounts are the original fill amounts, all ponds have the right to fill and refill in priority.ABSOLUTE AMOUNT and USESCONDITIONAL AMOUNT and USESTABLE 4CASE NO. 10CW304Summary of Pond Storage Rights and UsesReservoirNEW JUNIOR STORAGE RIGHTSTotal Storage VolumeAmounts Decreed in Other Cases Absolute NEW JUNIOR USE ENLARGEMENT RIGHTSABSOLUTE AMOUNT and USESCONDITIONAL AMOUNT and USESRodreick 1247-1.1 Revised April 9, 2014Prepared by RKMChecked by MJEDATE FILED: April 17, 2014 2:33 PM FILING ID: 9B07CD86CBE7C CASE NUMBER: 2010CW304DATE FILED: March 2, 2021 9:08 PMAttachment to Order - 2020CW3067
EXHIBIT L
RODREICK v MINOR SUBDIVISION
Requests for Waivers from Submittal Requirements
I. Waiver to Delay Drilling and Testing of the New Proposed Well.
Applicant requests a Waiver to Delay Drilling and Testing of the New Proposed Well, Lot 1
already contains a well, currently servicing Lot 2 and to be shared with any future residence on
Lot 1.
II. Waiver on Cost Estimates on Infrastructure Improvements.
Applicant requests a Waiver on Cost Estimates on Infrastructure Improvements. At this
time Applicant does not have plans for improvements or construction and is not applying
for a Building Permit. At this time, the existing structures on the property are all that are
planned. When it is appropriate, Applicant shall submit the necessary plans and
information for approval.
III. Waiver on Subdivision Improvements Agreement.
Applicant is requesting a Waiver from Submittal of an Improvements Agreement because no
public improvements are required for this project.
IV. Waiver to Delay Water Supply Plan
Applicant is requesting a Waiver from Submittal of a Water Supply Plan because a plan is not
required.
V. Waiver to Delay Wastewater Management Plan
Applicant requests a Waiver to Delay Water Supply Plan. At this time Applicant does not have
plans for improvements or construction on Lot 1 and is not applying for a Building Permit. At
this time, the existing structures on the property are all that are planned. When it is appropriate,
Applicant shall submit the necessary plans and information for approval. Lot 2 has an existing
OWTS system that serves the home on Lot 2 shall be provided shortly.
EXHIBIT N
NORTH PROPERTY FENCE LINE, ACCESS TO NE PROPERTY CORNER
NORTH EAST PROPERTY CORNER
EXHIBIT N
NORTH PROPERTY BOUNDARY
VIEW OF EAST PROPERTY BOUNDARY
EXHIBIT N
EXHIBIT N
Access Road Passing Lot 2
EXHIBIT N
North East Corner of Lot 2
EXHIBIT N
Lot 2 Driveway
EXHIBIT N
Tank Farm, County Road 311
EXHIBIT N
North Side of Lot 2
EXHIBIT N
Lot 2 from County Road 311, West Side/Corner
EXHIBIT N
EXHIBIT N
“Lumber Mill” / Workshop
EXHIBIT N
EXHIBIT N
Property Access From County Road 311, Tank Farm
EXHIBIT N
EXHIBIT N
RODREICK MINOR SUBDIVISION
Garfield County Colorado
Parcel ID: 218131200222
5888 311 County Road, Silt, CO 81652
Submittal 2- Prepared October 11, 2022***
Prepared By:
Misty B. Briscoe-Garcia, Attorney at Law
Misty B. Briscoe-Garcia, P.C.
PO Box 1134
Rifle, CO 81650
(970) 230-0359
Prepared For:
Perry Dan Rodreick
5888 311 County Road
New Castle, CO 81647
(970) 618-6567
ARTICLE 5
DIVISION 3. SUBDIVISION
5-301. MINOR SUBDIVISION REVIEW
This submittal is submitted in accordance with the Minor Subdivision Review Process as designated per the Pre-
application Conference Summary; Conference Date 9-23-2021, Report Delivery 2-16-22. Due to the delay in the
receipt of the Pre-application Report and lack of communication from the previously assigned planner, Applicant
requests a discretionary extension to the 6-month deadline to submit this application. Applicant’s authorized
representative received verbal authorization from Garfield County Community Development to submit this Application
without and additional Pre-application Conference given there has been no substantial changes to the Summary
discussed in the original Pre-application Conference.
5-103. SUBDIVISION AND EXEMPTION REVIEWS
A. Common Review Procedures.
B. B. Notice.
Applicant is aware of and prepared to comply with review and notice requirements.
DIVISION 4. GENERAL SUBMITTAL REQUIREMENTS
5-401. APPLICATION MATERIALS.
To the extent that the described items are pertinent, required and not subject to a waiver request, the Applicant has
engaged the appropriate professionals and has submitted the item(s) attached hereto and incorporated in the submittal.
5-402. DESCRIPTION OF SUBMITTAL REQUIREMENTS.
To the extent that the described items are pertinent, required and not subject to a waiver request, the Applicant has
engaged the appropriate professionals and has submitted the item(s) attached hereto and incorporated in the submittal.
ARTICLE 4
4-103. ADMINISTRATIVE REVIEW
Applicant understands the review process and agrees to compliance with the applicable standards of this Code.
4-202. WAIVER OF SUBMISSION REQUIREMENTS.
All Waivers of Submittal are included on Exhibit L. All Waiver requests are requested with good
cause, supported by project specific reasoning that does not compromise proper and complete
review and waiver does not compromise any compliance with approval criteria. All requested
Waivers below are made with the request for review as Conditions of Approval and Technical
Completeness.
In consideration for the Waivers requested below please consider the overall intent of the project is to create a lot
(proposed Lot 2) containing the current dwelling and supporting infrastructure and the remaining land (proposed Lot 1)
will remain agricultural land continuing operations consistent with farming and ranching. Applicant has no intent to
add a dwelling to proposed Lot 1.
4-203.D Site Plan/Landscape Plan
No disturbance is planned for the property at the time of this submittal. All landscaping is natural and shall remain
consistent with the current landscaping.
4-203.E Grading and Drainage Plan
The applicant agrees to provide a grading and drainage plan for any proposed new construction or improvement at the
time of submittal for building permit. No disturbance is planned for the property at the time of this submittal not is it the
intent of Applicant to further improve the property.
4-203.M Water Supply and Distribution Plan***
A Waiver Request has been submitted for the Water Supply and Distribution Plan. No further water supply and
distribution plan is necessary. Applicant is requesting submittal and review as Conditions of Approval. See attached
EXHIBIT L (IV).
4-203.N Wastewater Management and System Plan***
The existing residential home on proposed Lot 2 has a septic system inn place and therefore does not need any
proposed OWTS. Mapping to the location of the system, report from Down Valley Septic & Drain, Inc. and Garfield
County Septic documents are attached for proposed Lot 2. Applicant is requesting waiver of submittal for the
Wastewater Management and System Plan for proposed Lot 1 and such waiver reviewed as Conditions of Approval.
See attached EXHIBIT L (V).
4-203. DESCRIPTION OF SUBMITTAL REQUIREMENTS***
To the extent that the described items are pertinent, required and not subject to a waiver request, the Applicant has
engaged the appropriate professionals and has submitted the item(s) attached hereto and incorporated in the submittal.
Project Description:
The property owner desires to subdivide the approximate 119 acres parcel into two lots. An illustration of the
proposed boundary was presented to the staff at the Pre-App Conference. The proposed minor subdivision
would create one lot of approximately 13 acres, with the remaining approximate 106 acres in the larger lot. The
13 acre lot would house the tank farm. The approximate 106 acres would remain agricultural and would
continue to be used for traditional farming and ranching operations.
The parcels are located south of the Town of Silt, with a New Castle address. The property is currently used for
agricultural, residential; water storage ponds and oil & gas infrastructure uses. Garfield County referred to the
“lumber mill,” in the Pre-application Summary, which was found in the arial data base. The property owner
mills lumber for his own private use and for items specifically used to support the agricultural nature of the
property. There is no commercial component to the lumber mill. In addition, the Pre-Application Summary
was made noted that the 13 acre parcel may contain a recreational trailer that is being used as a dwelling unit. It
is unclear the source of this reference; the only dwelling on the parcel is identified in the County records as a 4-
bedroom 2-bathroom farm/ranch residence home built in 1998, under parcel number 218131200222. See
attached Garfield County Public Documents, EXHIBIT D.
County records also contain documentation of approval for a Water Gathering Facility as a Special Use Permit,
Resolution 2008-43 Garfield County Recording No. 746341. This SUP may require amendment with the
redefinition of the applicable legal description and location on proposed Lot 2. See attached Special Use Permit
and Produced Water Disposal Agreement, EXHIBIT I.
The parcel is located within the Rural zone district. The minimum lot size in the Rural district is two acres. The
proposed lot sizes exceed this minimum size requirement. The proposed lot-line configuration does not appear
to create non-conforming conditions for setbacks or other Rural zone district standards.
The applicant anticipates that proposed Lot 1 will be served by sharing an existing water well. Sharing the well
may require changes to the existing State Well Permit and possible contracts with the West Divide Water
Conservancy District. The County’s Land Use & Development Code (LUDC) requires a subdivision to
demonstrate legal and adequate water for each lot. Permit documentation for these systems is submitted with the
application. See attached current Well Permit, EXHIBIT H and Well Sharing Agreement, EXHIBIT J.
Proposed Lot 2 has and existing Wastewater Management System. Proposed Lot 1 does not require a
Wastewater Management System.
The originating parcel contains 11 decreed ponds and several other waterbodies. The LUDC contains additional
setback requirements that relate to waterbodies, see Section 7-203. See attached Decree of the Water Court
Case Number: 2020CW3067.
Proposed Lot 2 has a dedicated driveway to access the current residence off of the easement road that diverts
from County Road 311. Given the current oil and gas infrastructure in place and the access road to other
residences beyond the subject parcel, no access or driveway issues are anticipated. Proposed Lot 1 will require
a dedicated driveway, if ever a building site is identified in the future. Applicant does not intend to improve
proposed Lot 1 and intends to remain using the land for agricultural purposes only.
All existing and future public utilities should be contained with an easement. The LUDC requires that utilities
are to be underground for new Subdivision proposals. See attached Title Commitment defining all recorded
easements, EXHIBIT B. The residence on proposed Lot 2 has existing utilities; any utilities required for a future
new residence will comply with all LUDC requirements and be installed at the direction of Holy Cross Energy.
The applicant’s Surveyors should ensure that the required Certificates, notes and plat language conform to that
prescribed by the County for the necessary signatures. The plat will need to include all information as described
in Section 5-402(F), including the name and addresses of the surface owners and mineral estate owners. See
attached EXHIBITS F, G and M.
The applicant will also need to submit a title commitment for the subject property and ensure that the plat states
that all easements and encumbrances identified in the commitment are accurately shown on the plat. See
attached Title Commitment (as updated) defining all recorded easements, EXHIBIT B.
Proof of ownership in the form of a recent title report is required to process the application.
See attached Title Commitment defining all recorded easements, EXHIBIT B. See attached receded deeds,
EXHIBIT C.
Any existing or proposed (draft) Codes Covenants or Restrictions (CCR’s) that affect the subject property
should be submitted with the application. See attached Draft Covenants & Well Sharing Agreement, EXHIBIT
J.
The LUDC also requires an engineer’s report for: (A) Roads, Trails, Walkways and Bikeways; (C) Sewage
Collection and Water Supply and Distribution System; (E) Groundwater Drainage and (H) Preliminary Cost
Estimates for Improvements. Please reference Section 4-202, Submittal Waivers and Section 4-118, Waivers
from Standards as applicable, for any submittal or standards waivers that you will request. Applicant has
requested waivers based on the nature of the subdivision project; there is no intent to further develop the
property beyond what exists on proposed Lots 1 and 2. See attached Request for Waivers, EXHIBIT L.
4-118. WAIVER OF STANDARDS
All Waivers of Article 7 Standards are included on Exhibit L. All Article 7 Standards Waiver requests are made
concluding (1) it achieves the intent of the subject standard to the same or better degree than the subject standard; and
(2) it imposes no greater impacts on adjacent properties than would occur through compliance with the specific
requirements of this Code.
All requested Waivers below are made with the request for review as Conditions of Approval and
Technical Completeness.
In consideration for the Waivers requested below please consider the overall intent of the project is to create a lot
(proposed Lot 2) containing the current dwelling and supporting infrastructure and the remaining land (proposed Lot 1)
will remain agricultural land continuing operations consistent with farming and ranching. Applicant has no intent to
add a dwelling to proposed Lot 1.
ARTICLE 7
DIVISION 1: GENERAL APPROVAL STANDARDS
Section 7.101: Zone District Use Regulations
The subject property is currently zoned Rural, and the proposed minor subdivision will
not change this. The Land Use Change will comply with Article 3 Zoning, including any
applicable zone district use restrictions and regulations.
Section 7.102: Comprehensive Plan and Intergovernmental Agreements
The proposed Subdivision is in general conformance with the Garfield County
Comprehensive Plan and Complies with any applicable related agreements.
The proposed Minor subdivision in in conformance with the applicable zone district:
Rural, minimum lot size 2 acres, with the proposed lot sizes as follows: proposed Lot 2 -
13.262 acres, and proposed Lot 1 – 106.612 acres, which both exceed minimum lot size
allowed. The subject property is not located within any unincorporated community, or
water and sewer service area. Additionally, there are no regional center, town center,
rural employment center or village center mapped in the area where the subject property
is located.
The County desires to retain the rural character of the area and the proposed subdivision
would coincide with their concept. This land use changes created one additional parcel
and does not deviate from the current uses.
The subject property does not contain any “open space,” nor does the property qualify as
recreational as it does not border any streams or rivers where recreational activities take
place, including but not limited to fishing or rafting.
The creation of two lots will cause no change in the visual impact of the subject property.
Section 7.103: Compatibility
The nature, scale, and intensity of the proposed Minor Subdivision are compatible with
adjacent land uses; there are no nonconforming aspects of the subject property as
compared to the status of the subject property and the surrounding properties.
Section 7.104: Source of Water
Each proposed lot will have an adequate, reliable, physical, long term, and legal water
supply to serve the use. Proposed Lots 1 and 2 will ultimately share the existing
permitted water well. The water well permit will need to be modified for shared use with
proposed Lot 2. Please see attached information on the existing water wells, including
Permit information.
Section 7.105: Central Water Distribution and Wastewater Systems***
The proposed lots will each be served by a water distribution system that is adequate to
serve the proposed use and density. There will be no central water distribution as each lot
will have its own source via a shared well.
Proposed Lot 2 is already being served by a septic system. See attached information on
the existing Septic System including report from Down Valley Septic, Garfield County
documents and map indicating the location of the septic system. At this time Applicant
does not have plans for improvements or construction on proposed Lot 1 and is not
applying for a Building Permit. At this time, the existing structures on the property are the
only development contemplated.
Section 7.106: Public Utilities***
The only public utility the subject property and proposed lots will use/are using is
electricity. Proposed Lot 2 has a dedicated propane tank as access to public gas in
unavailable in the area. There are existing power lines servicing proposed Lot 2.
Proposed Lot 1 will consult with Holy Cross as necessary at any point that the property is
subject to improvement; the applicant has no intention of doing so at this time. See
attached title commitment and existing utility easement.
Section 7.107: Access and Roadways***
Each lot will have access via County Road 311 through the tank farm area. Proposed
Lot 2 already has a driveway in place, as shown in the attached Plat and mapping.
Proposed Lot 1 shall have any additional driveway or access constructed to provide for
adequate and safe access to any potential future improvement to the property, if any. No
residence is currently contemplated as proposed Lot 1 is intended to remain agricultural
and continue to be used as farming/ranching land. See attached driveway mapping, title
work and recorded easements. Mapping indicates existing access from the Country Road
and the shared roadway easement(s) used to access proposed Lots 1, 2 and other adjacent
properties.
Section 7.108: Use of Land Subject to Natural Hazards
The subject land does not have the following natural and geologic hazards: falling rock,
landslides, snow slides, mud flows, radiation, nor flooding. No extreme topography
exists on the proposed parcel and no identified Geologic Hazards exist on the property.
Soils evaluation will be conducted as required and directed if necessary; a soils
evaluation is not relevant to this particular application for Minor Subdivision.
Section7.109: Fire Protection
The subject property contains eleven (11) decreed ponds. Fire protection is easily
assessable via all decreed water. Please see the attached Decree of the Water Court.
DIVISION 2: GENERAL RESOURCE PROTECTION STANDARDS
Section 7.201: Agricultural Lands***
The proposed Minor Subdivision will not interfere with the ditch rights-of-way and have
no adverse effect to agricultural operations. The Applicant of the proposed subdivision
will ensure that the use of ditches, including maintenance, can continue uninterrupted.
The proposed subdivision only contemplates creating two parcels. There is no intent to
change the current configuration or operation of the subject parcel in whole, which is
agricultural in nature.
Section 7.202: Wildlife Habitat Areas
The proposed Minor Subdivision is not in a Wildlife Habitat Area. The parcel currently
has one residence, a barn (the “lumber mill”) and traditional farming/ranching equipment
and milling equipment for the purpose of supporting the ranch as needed. The
subdivision will have no impact on Wildlife Habitat; there is no intent to change the
existing residence on proposed Lot 2. The intent for proposed Lot 1 is to remain
agricultural land for continued farming and ranching operations. Natural buffers already
exist. Given that now change to the existing use is proposed, further controls for land
disturbance are not needed. Preservation of native vegetation, habitat and animal
controls are unnecessary as the proposed Lots 1 and 2 will effectively not change.
Section 7-203. Protection of Waterbodies
The waterbodies are not impacted by the current residence on proposed Lot 2. All waterbodies were
adjudicated in a Decree of the Water Court in 2020/2021. Any potential current impact was explored
in the adjudication process. Any future building will be subject to building code, the stipulations in
the water decree, setback requirements and state and federal laws. The current minimum setbacks are
already met and the proposed Lots 1 and 2 are in compliance with all requirements. There is no
anticipated change to the existing uses of proposed Lots 1 and 2, therefore no current compliance or
setback issues exist or are contemplated.
Section 7-204. Drainage and Erosion
The property is agricultural in nature. There will be no change to the nature of the property after the
finalization of the subdivision and no disturbance to proposed Lots 1 and 2. Therefore this application
shall be exempt from the CDPHE requirement.
Section 7-205. Environmental Quality
The property is agricultural in nature. There will be no change to the nature of the property after the
finalization of the subdivision and no change to air and water quality to proposed Lots 1 and 2.
Section 7-206. Wildfire Hazards
The property is not subject to wildfire hazards as identified on the County Wildfire Susceptibility
Index Map.
Section 7-207. Natural and Geologic Hazards
The property is agricultural in nature. There will be no change to the nature of the property after the
finalization of the subdivision, no change to the current parcel or to the proposed Lots 1 and 2. No
natural or geologic hazards currently exist.
Section 7-208. Reclamation
The property is agricultural in nature. There will no change to the nature of the property after the
finalization of the subdivision and no change to proposed Lots 1 and 2. The subdivision will not
include any new ISDS, driveway construction or preparation area.
DIVISION 3: SITE PLANNING AND DEVELOPMENT STANDARDS
Section 7-301. Compatible Design
The property is agricultural in nature. There will no change to the nature of the property after the
finalization of the subdivision and no change to the proposed Lots 1 and 2. The subdivision will
continue to be compatible with the existing character of adjacent uses, which are agricultural, farming
and ranching in nature.
Section 7-302. Off-Street Parking and Loading Standards
The property is agricultural in nature. There will no change to the nature of the property after the
finalization of the subdivision and no change to the proposed Lots 1 and 2. The subdivision will
contain the existing single-family dwelling on proposed Lot 2 and agricultural land on proposed Lot 1.
This project is exempt from this Section.
Section 7-303. Landscaping Standards
The property is agricultural in nature. There will no change to the nature of the property after the
finalization of the subdivision and no change to the proposed Lots 1 and 2. The subdivision will
contain the existing single-family dwelling on proposed Lot 2 and agricultural land on proposed Lot 1.
This project is exempt from this Section. This project is not industrial in nature.
Section 7-304. Lighting Standards
The property is agricultural in nature. There will no change to the nature of the property after the
finalization of the subdivision and no change to the proposed Lots 1 and 2. The subdivision will
contain the existing single-family dwelling on proposed Lot 2 and agricultural land on proposed Lot 1.
No additional lighting is anticipated.
Section 7-305. Snow Storage Standards
This project is exempt from this Section. This is not a multi-family residential project or
development.
Section 7-306. Trail and Walkway Standards
The property is agricultural in nature. There will no change to the nature of the property after the
finalization of the subdivision and no change to the proposed Lots 1 and 2. The subdivision will
contain the existing single-family dwelling on proposed Lot 2 and agricultural land on proposed Lot 1.
This project is exempt from this Section.
DIVISION 4: SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS
Section 7-401. General Subdivision Standards
The property is agricultural in nature. There will no change to the nature of the property after the
finalization of the subdivision and no change to the proposed Lots 1 and 2. The subdivision will
continue to be compatible with the existing character. The only proposed common faculties will be
governed by existing easements and the well sharing agreement. Domestic animal control, fireplaces,
and floodplain development are not applicable given the nature of the subdivision project.
Section 7-402. Subdivision Lots
The property is agricultural in nature. There will no change to the nature of the property after the
finalization of the subdivision and no change to the proposed Lots 1 and 2. The subdivision will
contain the existing single-family dwelling on proposed Lot 2 and agricultural land on proposed Lot 1.
Given the nature of the subdivision project, conformity, line alignment, lot configuration, and lot
division requirments are not applicable.
Section 7-403. Survey Monuments
Permanent Survey Monuments shall be set as required and meeting all standards.
Section 7-404. School Land Dedication
The property is agricultural in nature. There will no change to the nature of the property after the
finalization of the subdivision and no change to the proposed Lots 1 and 2. The subdivision will
contain the existing single-family dwelling on proposed Lot 2 and agricultural land on proposed Lot 1.
The characteristic of the subdivision does not support any BOCC School Land Dedication. The
applicant shall provide the required Payment-In-Lieu of Dedication of School Land as required.
Section 7-405. Road Impact Fees
The applicant shall pay any Road Impact Fees as required as a condition of the Subdivision approval.
ATTACHMENTS & EXHIBITS
ATTACHMENTS (*** Included or Modified for Submittal 2)
A. Garfield County Application Form
B. Colorado Geological Survey Submittal Form
C. Payment Form***
EXHIBITS (*** Included or Modified for Submittal 2)
A. Authorization Letter Signed ***
B. Title Commitment Updated***
C. Deeds
D. Garfield County Public Documents
E. Pre Application Summary
F. Plat and Site Plan
G. Maps & Mapping Detail***
H. Well Permit
I. Special Use Permit
J. Covenants & Well Sharing Agreement (DRAFT)
K. Decree of Water Court
L. Waivers***
M. Mineral Search***
N. Additional Photos
O. Recorded Easements***
P. Septic Document***
Q. Driveway Mapping***
ATTACHMENT C
EXHIBIT L
RODREICK MINOR SUBDIVISION
Requests for Waivers from Submittal Requirements
Section 4-202
All requested Waivers below are made with the request
for review as Conditions of Approval and Technical
Completeness***
In consideration for the Waivers requested below please consider the overall intent of the
project is to create a lot (Proposed Lot 2) containing the current dwelling and supporting
infrastructure and the remaining land (Proposed Lot 1) will remain agricultural land
continuing operations consistent with farming and ranching. Applicant has no intent to
add a dwelling to Proposed Lot 1.
I. Waiver to Delay Drilling and Testing of the New Proposed Well.
Applicant requests a Waiver to Delay Drilling and Testing of any New Proposed Well.
Proposed Lot 1 already houses a permitted water well which is currently servicing proposed Lot
2 and will be shared with proposed Lot 1. A DRAFT Well Sharing Agreement has been
submitted with this Application.
II. Waiver on Cost Estimates on Infrastructure Improvements.
Applicant requests a Waiver on Cost Estimates on Infrastructure Improvements. At this
time Applicant does not have plans to improve or start any construction and is not applying
for a Building Permit. At this time, the existing structures on the property are a total of all
infrastructure. No infrastructure improvements are required, contemplated, or
necessitated.
III. Waiver on Subdivision Improvements Agreement.
Applicant is requesting a Waiver from Submittal of any Improvements Agreement because no
public improvements are required or available for this project.
IV. Waiver to Delay Water Supply Plan (4-203.M)
Applicant is requesting a Waiver from Submittal of a Water Supply Plan as the proposed
subdivision only includes two proposed rural lots. A water well exists on proposed Lot 1 that
will service both proposed Lots 1 and 2 and shall be governed by a Well Sharing Agreement. 4-
203M contemplates a “development,” which is not applicable in this case.
V. Waiver to Delay Wastewater Management Plan (4-203.N)
Applicant requests a Waiver to Delay Water Supply Plan. At this time Applicant does not have
plans for improvements or construction on proposed Lot 1 and is not applying for a Building
Permit. At this time, the existing structures on the parcel are the sum of development
contemplated.
Proposed Lot 2 has an existing OWTS system that serves the home on proposed Lot 2. Mapping
to the location of the system, report from Down Valley Septic & Drain, Inc. and Garfield
County Septic documents are attached for proposed Lot 2.
Proposed Lot 1 will consist of approximately 106 acres of agricultural land that will continue to
be used for agricultural purposes consistent with its current use, farming and ranching. 106
acres is a vast amount of land to impose futuristic costly due diligence upon. Any futuristic
building site would need to be identified to perform the testing and submittal of documentation
required in 4-203N. Again, 4-203N contemplates a “development,” which is not applicable in
this case; both proposed lots are rural in nature and not subject to public utilities or development
beyond proposed Lots 1 and 2 and their current use.