HomeMy WebLinkAbout24. Ltr Legal Water SupplyBALCOMB&GREEN
WATER LAW I REAL ESTATE I LITIGATION I BUSINESS ESTP 1953
Sara M. Dunn
Direct Dial (970) 928-3467
Receptionist (970) 945-6546
sarad@balcombgreen.com
December 4, 2020
Vincent Hooper, Planner III
Garfield County Community Development Department
108 8' Street, #401
Glenwood Springs, CO 81601
RE: RFLANDCO LLC—Application for Limited Impact Review for Professional Office in
Rural Zone
Dear Mr. Hooper:
We have reviewed the Pre -Application Conference Summary dated November 10, 2020
and we are providing the requested information regarding the legal water supply for the
proposed Professional Office to be located at 17352 Highway 82.
The existing uses of a single-family dwelling and accessory dwelling and lawn irrigation
has historically been provided by a well operating pursuant to Well Permit No. 48638. That well
will continue to be the source of water for the domestic, irrigation and commercial uses and will
operate under a new well permit issued pursuant to the Basalt Water Conservancy District's
Umbrella Augmentation Plan decreed in Case No. 02CW77.
The property is within Area A of the Basalt Water Conservancy District's service area and
the well qualifies to be included in the District's augmentation plan. RFLANDCO, LLC applied
to be included in the District's augmentation plan and that application is currently in the notice
and publication period required by the terms of the decree in Case No. 02CW77. The District is
scheduled to consider and approve the application at their January meeting. There is no basis to
believe that the District will not approve the application and issue the requested allotment
contract allowing for the State Engineer's Office to issue the well permit that will include
commercial uses. We will provide a copy of the District's allotment contract and the new well
permit upon receipt.
Applicant engaged the services of Zancanella & Associates to perform the necessary water
quantity and quality testing required by Section 4-203(M)(1)(b)(5). The well pumping contractors
and water quality laboratories are experiencing backlogs and longer than usual wait times due to
the high volume of testing that has resulted from the above normal residential property sales our
area has been experiencing the last few months. Therefore, Applicant is requesting a variance
from the strict enforcement of 4-203(M) to allow RFLANDCO, LLC to complete the pump test
(with a minimum duration of 4 hours) and to submit the report from Zancanella & Associates
that summarizes the basic well data, pumping rate, draw -down, recharge and estimated long—
term yield and results of the water quality testing while the application is pending before the
County.
ASPEN I BUENA VISTA I GLENWOOD SPRINGS I LAMAR
Post Office Box 790 I Glenwood Springs, Colorado 81602 I 970.945.6546 I BalcombGreen.com
I:Ic BALCOMB&GREEN
WATER LAW I REAL ESTATE I LITIGATION I BUSINESS ESTE 1953
Vincent Hooper
RFLANDCO, LLC
December 4, 2020
Page 2
Applicant requests that the County accept the application for limited impact review with
the above representations and to include the following as conditions of approval that must be met
before a certificate of occupancy is issued for the Professional Office: (1) provide the County a
copy of the Basalt Water Conservancy District Allotment Contract and Well Permit; and (2)
provide the County the well testing report prepared by Zancanella & Associates evidencing the
well is of sufficient quality and can produce sufficient quantity for the uses approved for the
property. Allowing the Applicant to provide this additional information subsequent to submittal
of the application is not detrimental to the public good and is necessary to relieve the Applicant
of practical difficulties and undue hardship not a result of Applicant's actions.
Please do not hesitate to contact me if you have any questions.
Sincerely,
BALCOMB & GREEN, P.C.
B
cc: Jack Albright
Sara M. Dunn
ASPEN I BUENA VISTA I GLENWOOD SPRINGS I LAMAR
Post Office Box 790 I Glenwood Springs, Colorado 81602 I 970.945.6546 I BalcombGreen.com