HomeMy WebLinkAbout1.0 ApplicationSubmittal Date:
APPLICATION
Special Use Permit
GARFIELD COUNTY PLANNING DEPARTMENT
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Telephone: 970.945.8212 Facsimile: 970.945.7785
4/ 0-2
GTO
Base Fee: $400
Applicant: Guy R. Botkin & Roberta J. Botkin
Address of Applicant: 2943 County Road 301, Parachute, CO Telephone:(970) 285-7912
Special Use Being Requested:
Zone District: A/4/AP
Accessory Dwelling
Size of Property: 13.5 ac.
Application Requirements: These items must be submitted with the application
l] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles
accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed
structures that will be utilized in conjunction with the proposed use. Please submit this information
in narrative form and be specific.
2] If you will be using water or will be treating wastewater in conjunction with the proposed use, please
detail the amount of water that would be used and the type of wastewater treatment. If you will be
utilizing well water, please attach a copy of the appropriate well permit and any other legal water
supply information, including a water allotment contract or an approved water augmentation plan.
317 A map drawn to scale portraying your property, all structures on the property, and the County or State
roadways within one (1) mile of your property. If you are proposing a new or expanded access onto
a County or State roadway, submit a driveway or highway access permit.
A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map
will suffice.
A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private
landowners adjacent to your property. Include a list of all property owners and their addresses.
6]/ Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the
�/ property owner, you must attach an acknowledgment from the property owner that you may act in
his/her behalf.
7] For all applications pertaining to airports, the oil and gas industry, power generation and/or
transmission industry, or any other classified industrial operation, you must submit an impact
statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive;
and 5.03.08, inclusive.
The consideration of this proposed Special Use will require at least one (1) public hearing, for which public
notice must be provided. The Planning Department will mail you information concerning this hearing(s),
approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return
receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a
newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the
public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and
publication must be submitted at the time of the public hearing.
The information contained within this application is complete and correct, to the best of my knowledge:
Applicant:
, L- c.o,J Date: l/c'a
Add 5.03.021
ATTEST:
Accessory Dwelling I Jnit: Use of a structure as an accessory dwelling
whether approved by Special Use, use by right in a new subdivision
approval, or on an existing lot must meet the following standards, as well
as all other standards applicable to residential use:
(1) The minimum lot size shall be four (4) acres containing a building
site with slopes less than 40% al least two (2) acres in size.
(2) The gross floor area for residential use occupancy shall not exceed
1500 square feet.
(3) Approval from the subdivision homeowners association and/or
allowed by covenant, if applicable.
(4) Proof of a legally adequate source of water for an additional
dwelling unit.
(5) Compliance with the County individual sewage disposal system
regulations or proof of legal ability to connect to an approved
central sewage treatment facility.
(6) Only leasehold interests in the dwelling writs is allowed.
(7)
That all construction complies with the appropriate County
building code requirements.
Cle of the Board • r
vote:
GARFIELD COUNTY • BOARD OF
COMMISSIONERS, 'GARFIELD
COUNTY, COLORADO
Ode -64
Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Marian I. Smith
Arnold L. Macklev
Elmer (Buckev) Arbaney
, Aye
, Aye
, Aye
SPECIAL USE PERMIT• ACCESSORY DWELLING UNIT
APPLICANTS: GUY R. AND ROBERTA J. BOTKJN
13.5 acre parcel: Tract 41, Morrisania Ranch
Sec. 10, T. 7 S., R. 95 W., 6th P.M.
2943 Morrisania Road (CR 301), Parachute, CO 81635
APPLICANT: Guy R. and Roberta J. Botkin
2943 CR 301, Parachute, CO 81635
(970-285-7912)
CO -APPLICANT:
Juanita Satterfield
P.O. Box 463
Parachute, CO 81635
(970-285-7630)
ATTORNEY: John W. Savage, P.C. #009946;
P.O. Box 1926
201 Railroad Ave.
Rifle, CO 81650-1926;
(970-625-1470; fax: 625-0803)
John W. Savage
Page 1 June 27, 2000
Special Use Permit Applictaion of Guy and Roberta Botkin for Accessory Dwelling Unit
2943 CR 301, Parachute, CO 81635; Tract 41, Morrisania Ranch
LIST OF ATTACHMENTS
1] A. Letter from Applicants explaining proposal
B. Photo and floor plan of proposed dwelling unit
C. Photos of site and adjacent areas
D. Discussion of 5.03.021 Accessory Dwelling Unit criteria compliance
E. Draft Lease and Option Agreement
2] A. Pending Water Rights Application
B. Engineering Report in support of Water Rights Application
C. Waste water treatment plan
3] Site Plan
4] USGS Quad excerpt showing topography
5] Excerpt from GARCO Assessor's Maps 2407-03 and 2407-10 with list of
adjacent property owners
6] Copy of Stewart Title ALTA Owner's Policy 0-9993-48220
7] Impact Statement: n/a
Guy R.& Roberta J. Botkin
2943 County Road 301
Parachute, CO 81635
May 2, 2000
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: SPECIAL USE PERMIT
We would like to request review, consideration and approval of a Special Use Permit for an accessory
dwelling on our family property located at 2943 County Road 301, Parachute, Colorado. Since my
recent retirement and my wife's appointment to a position in Paonia, Colorado, we now use our home
as apart time residence. It is our intention to retain ownership of this home as a family gathering place,
a place to spend our leisure time and a full time retirement residence.
The requested accessory dwelling would be utilized as a residence for Ms. Juanita Satterfield and her
retired mother. Juanita has agreed to care for the property and pets during our absence. She has rented
pasture and kept her horse on our property since March 1995 and is familiar with the farm and the daily
chores that need to be done. Juanita is employed and her mother drives; therefore, there would be two
vehicles one of which would be accessing the property daily.
The accessory dwelling would be 4'1500 square foot modular home to be set 50 to 75 feet from the
existing home creating only necessary additional maintained yard area. The home's exterior would be
coordinated with the existing residence. The planned site for the home is in a corner of a field which
is generally flat with a gentle slope. The area is fenced and has an existing access to County Road 301.
The property directly across County Road 301 has three very attractive established modular homes.
Holy Cross Electric supplies power to the area, Public Service supplies natural gas and U. S. West is
the telephone provider. These service lines are readily available adjacent to County Road 301. A septic
system permit and construction would be required.
Mr. John Savage has been retained to file this application as well as a water augmentation plan.
Your consideration of this application is greatly appreciated.
Sincerely,
Guy R. Botkin
EXHIBIT 1A
_
Th
JON 2 R ?Ogp Ii
EXHIBIT 18
Special Use Permit Applictaion of Guy and Roberta Botkin for Accessory Dwelling Unit
2943 CR 301, Parachute, CO 81635; Tract 41, Morrisania Ranch
Ex. 1.D. Discussion of 5.03.021 Accessory Dwelling Unit criteria compliance
Sec. 5.03.021 Accessory Dwelling Unit of the Garfield County Zoning Resolution
establishes criteria for approval of such units. This application meets all
applicable standards as follows:
(1) Minimum Lot size of 4 acres with slopes of less than 40% on at least 2 acres: Parcel is 13.54
acres, all less than 40% slopes.
(2) Gross Floor area shall not exceed 1500 square feet: Proposed accessory dwelling unit is
1500 sq. ft.
(3) Approval by HOA or covenant: There is no HOA or covenants encumbering the subject
parcel.
(4) Proof of adequate source of water: See pending water rights application and engineering
report attached as Ex. 2.A.&B.
(5) Compliance with County ISDS regs. or alternate: See WasteWater Treatment discussion
at Ex. 2.C.
(6) Leasehold interests only: See draft Lease and Option Agreement attached as Ex. 1.E.
(7) Construction complies with Building Code: To be determined at building permit and
construction stage.
LEASE AND OPTION TO PURCHASE
This agreement, made and entered into this day of A.D. 2000 by and between
Guy R. Botkin and Roberta J. Botkin owners of the real estate herein described, hereinafter referred
to as "Owner', and Juanita Satterfield, hereinafter referred to as "Tenant".
Witnesseth. That for and in consideration of the covenants and agreements hereinafter set forth,
to be kept and performed by the parties hereto, Owner does hereby lease to Tenant, an accessory
dwelling site 130' x 160' a portion of the following described premises and real estate situate in the
County of Garfield and State of Colorado: 2943 301 Road, Parachute, Colorado. The parties
acknowledge that Owner will continue to occupy the residence presently on the land and that this
lease creates a tenancy concurrent with Owners' continued use and occupation of the property.
Together with use of the irrigation water rights belonging thereto.
RENTAL. As rental for the use and occupancy of said accessory dwelling site, Tenant agrees to
pay Owner the following: $ per month, due and payable on or before the first day of each
month. Any rental payment paid after the tenth day of the month is subject to a $ per day late
penalty.
TERMS OF THE LEASE. The terms of this lease shall begin on the , day of
2000 and continue during and until the day of 20 , unless sooner terminated
by violation of any of its Conditions, or by mutual agreement. Whenever terminated, Tenant agrees
to peacefully surrender the premises to the Owner. By mutual agreement of the parties, the lease
may be continued for successive one-year terms.
TENANTS RESIDENCY. Upon government approval of all necessary permits and installation of
utilities, tenant may move an accessory dwelling onto the property. Tenant is to reside in the
accessory dwelling. All expenses for taxes, insurance and maintenance related to the accessory
dwelling are the responsibility of Tenant. Further, Tenant shall at all times have liability insurance
in place with a minimum coverage of $ - to cover any claims that may arise as a result of
Tenant's lease.
In addition, Tenant shall perform care -taking responsibilities as more fully described below.
MAINTENANCE. Tenant shall serve as caretaker and perform small repairs and maintenance
necessary to preserve the property in its current condition.
LIVESTOCK AND IRRIGATION. The parties anticipate that Owner may be absent from the
property a significant amount of time. During owner's absence Tenant shall feed and care for
Owners livestock and pets, irrigate and maintain fields, water yards and perform other regular care-
taking chores. If Tenant is absent at the same time Owner is absent, Tenant, at Tenant's expense,
shall contract with a temporary caretaker acceptable to Owner.
1
EXHIBIT lE
In consideration for care -taking duties, Tenant may board Tenant's livestock on the property and
is liable for any costs and expenses related to such livestock. Tenant may have up to three horses
at a value of $ per head per month on the property. Any care -taking tasks and/or time
calculated at the minimum wage that would exceed the above amount would be considered
voluntary and not obligatory.
SEED. Crops shall be planted only with Owners consent. If there is any planting of crops, Owner
agrees to furnish all seeds necessary to sow and plant said land.
THRESHING. If threshing is necessary, Owner agrees to pay the threshing bill for threshing the
grain and seeds.
LATERALS AND DITCHES. Tenant agrees to assist in keeping in a good state of repair the
laterals that are used to convey water to and upon the premises
The Tenant, as care -taker, shall assist the owner in caring on the farming/ranching operations in
a good, diligent, faithful, thorough and workmanlike manner, on such plans as are approved by
Owner. All crops, if any, shall be planted at seasonable time, properly cultivated and irrigated;
harvested and cared for in the best manner to obtain the best results. The hay shall be cut, cured and
stacked at the proper times.
Tenant agrees to keep the manure hauled out and spread upon the cultivated land. The stables,
corrals, and feed -yards shall be kept reasonably clean and free from manure and rubbish.
Tenant agrees to keep the accessory dwelling buildings and improvements in a good state of repair,
and at the expiration of this lease will yield said premises to the Owner in as good as order and
condition as when they were entered upon by the Tenant, ordinary wear and inevitable accident
excepted; she shall also and hereby agrees to take good care of the Owner's garden, fruit -trees,
shrubs, shade and ornamental trees.
Tenant shall keep the fences in a good state of repair, but new wire or staples shall be provided for
this purpose by Owner. New fencing or total replacement will be a joint effort of the Owner and
Tenant.
It is further agreed by Tenant, that neither Tenant nor Tenant's legal representative will sublet said
premises, or any part thereof, or assign this lease or right of first refusal, without the written
consent of the Owner.
Should Tenant fail to carry on or be physically unable to do the work in a competent manner, it is
hereby agreed that Owner may, at his option employ competent help to perform such work, and
said work shall be paid for by Tenant as related to Tenant's responsibility.
It is hereby agreed that should Tenant fail or refuse to carry out and perform any of the conditions
of this lease, then Owner may declare this lease terminated by giving 10 days' notice, and may enter
upon and take possession of the premises and Tenant shall thereupon vacate said premises. Should
Tenant fail or refuse to peaceable surrender and deliver said premises at any time after this lease
2
is terminated as herein provided, then Tenant shall be deemed guilty of forcible detainer of said
premises under the statute.
Upon expiration or termination of the lease, Tenant shall be allowed 90 days to remove the
auxiliary dwelling. The parties further acknowledge that funds have been expended to secure
separate utilities for the auxiliary dwelling, specifically septic, c, electric and telephone. Tenant
shall provide Owner with alist of these items and costs of installation at the time this lease is
executed. At the expiration or termination of the lease, Tenant shall leave all hook-up for utilities
in place. If the lease expires, and is not terminated for noncompliance by Tenant, Owner shall
reimburse Tenant for the costs of installing the above mentioned utilities on the following scale:
Years since inception of lease Reimbursement by Owner
0-2 100%
2-4 75%
4-6 50%
6-8 25%
8 or more 0%
OPTION TO PURCHASE Upon execution of this Agreement, Tenant shall pay to Owner
the sum of $200.00 and upon receipt thereof, Owner shall grant to Tenant a right of first refusal and
option ("Option") to purchase the Property should Owner decide to sell the property during the term
of this lease or any extensions upon the following terms and conditions:
a The Option may be exercised only if Owner wishes to sell or lists the property for sale during
the lease. Excepting that Owner may sell or transfer the property to any or all of Owners children
without triggering Tenant's right to exercise the Option.
b. The Option may be exercised only if Tenant complies with all other terms and conditions of
this Agreement, including Tenants's obligations to make rental payments and perform caretaker
duties. The Option will expire without further action by either party if not exercised during the term
of the lease or extension of the lease. The Option may be exercised by Tenant giving written notice
of intent to exercise the Option on or before the expiration of 30 days after Owner giving written
notice of intent to sell, and closing on the purchase before the expiration of 90 days thereafter.
Upon exercise of the Option, the term of the Lease will automatically be extended to the closing
date.
c. The total purchase price to be paid shall be determined by mutual agreement at the time that
Owner gives notice of intent to sell. If the parties cannot reach an agreement, the price shall equal
fair market value as set by an appraiser chosen by mutual agreement of the parties and with the cost
of the appraisal to be paid equally by the parties.
d. If Tenant fails to exercise the option under this paragraph, or if the Lease is terminated before
the Option is exercised, all such funds shall belong to Owner exclusively and Tenant shall have no
claim of any nature to such sums or to the property that is the subject of this agreement.
3
e. The sums paid as consideration for this Option shall in no way be considered a credit against
any damages owed Owner for breach of the lease portions of this Agreement.
f. Upon the exercise of the Option by Tenant and at the closing thereof, Owner shall transfer
marketable title to Tenant free and clear of all liens and encumbrances and subject only to such
rights-of-way, easements, and restrictive covenants as are in existence as of the effective date of
this lease agreement and those attaching thereto on or after such date (i) which shall be or have
been, expressly consented to in writing by Tenant, or (ii) for the discharge of which Tenant is
responsible under this Lease, but free of all liens which secure amounts or obligations which tenant
is not obligated to pay or discharge under this Lease, Owner shall provide to Tenant, prior to
closing and at Owners own expense, a title commitment certifying that Owner has good and
marketable title to the Property as of the date of Closing, subject only to those liens and
encumbrances and other title matters provided for in this subsection. Owner shall also provide to
Tenant, promptly following Closing and at Owner's own expense, a title policy pursuant to such
commitment.
g. The closing of the purchase and sale of the Property shall be held within ninety (90) days
following the exercise of the Option at a time and place designated by Owner. Owner shall deliver
to Lessee or its assigns a general warranty deed to the Property. Upon the completion of such
purchase, this Lease and all obligations hereunder shall terminate, with the exception of actual or
contingent obligations and liabilities, which arose on or prior to date of purchase. All
improvements, including fixtures and leasehold improvements, will be transferred to Tenant at
closing. All closing costs shall be split equally between the parties.
h. Tenant shall receive any irrigation water that is used or held by Owner appurtenant to or
intended for use with the Property, if any.
i. If Tenant does not exercise the Option, then the Option Money paid shall remain with Owner
and Tenant shall have no interest therein.
IN WITNESS WHEREOF, we have hereunto set our hands and to a duplicate hereof, the day and
date first above written.
Witness
4
Guy R. Botkin, Owner
Roberta J. Botkin, Owner
Juanita Satterfield, Tenant
STATE OF COLORADO }
} ss
COUNTY OF DELTA }
Subscribed and sworn before me this day of , 2000 by Guy R. Botkin and
Roberta J. Botkin.
Witness my hand and official seal.
My commission expires
Notary Public
SEAL
STATE OF COLORADO }
} ss
COUNTY OF GARFIELD }
Subscribed and sworn before me this day of , 2000 by Guy R. Botkin and
Roberta J. Botkin.
Witness my hand and official seal.
My commission expires
SEAL
5
Notary Public
\
At'
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Case No. 00 CU/ 54-(
APPLICATION FOR WATER RIGHTS
CONCERNING THE APPLICATION FOR WATER RIGHTS OF: GUY R. AND
ROBERTA J. BOTKIN
1. Name, mailing address, telephone number(s) (residence and
business) of applicant(s): Guy R. and Roberta J. Botkin,
2943 CR 301, Parachute, CO 81635; (970-285-7912).
Attorney for Applicant: John W. Savage, P.C. #009946; 201
Railroad Ave./P.O. Box 1926, Rifle, CO 81650-1926; (970-
625-1470, fax: 625-0803)
APPLICATION FOR UNDERGROUND WATER RIGHT
2. Name (s) of well (s) and permit, registration, or denial
number(s): Botkin Well, Permit No. 141925
3. Legal description of each ,point of diversion: (include
distance and bearing from established section corner or
quarter corner, or distances from section lines, and
indicate 1/41/4, section number, township, range and
meridian; include map): Garfield County, CO; 2943 CR 301,
Parachute, CO 81635; NE1/4NW1/4, Sec. 10, T. 7 S., R. 95
E., 6th P.M.; 1200 feet from NORTH section line and 1780
feet from WEST section line, located on Tract 41,
Morrisania Ranch.
4. Source: (tributary and river): Surface alluvium, tributary
to unnamed tributary to Colorado River
A. Date of initiation of appropriation: February 8, 2000
B. How appropriation was initiated: Field Inspection
C. Date water applied to beneficial use: June 30, 1986
EXHIBIT 2A
Division 5 Water Court, Garfield . unty, Colorado
In Re the Application of Guy R. and Robert J. Botkin
John W. Savage Page 2
April 27, 2000
6. Amount claimed: 15gpm absolute/ccnd:tic„u?. 0.806 acre feet
per year diversion, 0.105 acre feet per year depletion.
7. If well is non -tributary: n/a
8 Proposed use:
A. If irrigation, complete the following: n/a
B. If non -irrigation, describe purpose fully: In-house
domestic uses for two residences and stockwatering for 4
head. Waste water disposal by on-site ISDS, tributary to
well source of supply.
9. Name and address of owner of land on which points of
diversion and place of use (s) is (are) located:
Applicants.
10. Remarks: Well is an existing exempt household use only well
serving the existing residence on the parcel. 'Exempt use
shall remain in effect until the pond is constructed and
the augmentation plan becomes effective with the
construction of a second dwelling unit on the parcel.
APPLICATION FOR WATER STORAGE RIGHT
11. Name of Reservoir: Botkin Pond
12. Legal description:
A. Location of Dam/Pond: NE1/4NW1/4 of Sec. 10, T. 7 S., R.
95 W., 6th P.M.; 1585 feet from west section line and 1135
feet from north section line.
B. If off -channel: Pond to be filled from the Battlement
Ditch, No. 21 in Water District No. 45, Priority No. 25,
decreed for 1.67 cfs, Adjudication Date of 5/5/1888,
Appropriation Date: 6/12/1884, Case No. 8.9. The Point of
Diversion is on Battlement Creek in the SE1/4 of Section
15.
13. Source: Battlement Ditch which diverts from Battlement
Creek, tributary to the Colorado River.
Division 5 Water Court, Garfiek.: '. unty, Colorado
In Re the Application of Guy R. and Robert J. Botkin
John W. Savage Page 3
April 27, 2000
14. A. Date of initiation of appropriation: February 8, 2000
B. How appropriation was initiated: Field Inspection
C. Date water applied to beneficial use: n/a conditional
right
15. Amount claimed:
A. in acre feet: 0.0865 acre feet (28,200 gallons) and to
fill and refill
B. If off -channel reservoir, rate of diversion in cfs for
filing the reservoir: 0.05 cfs from Battlement Ditch.
16. Use: A. If irrigation: n/a
B. If non -irrigation, describe purpose fully:
Storage, aesthetics and augmentation as set forth herein.
17. Surface area of high water line: 0.0265 acres (1156 sq.
ft.)
A. Maximum height of dam in feet: 6 feet
B. Length of dam in feet: 20 feet
18. Total capacity of reservoir in acre feet: 0.0865 acre feet
(28,200 gallons)
Active capacity: 100% Dead Storage: 0.00%
19. Name and address of owners of land on which structures for
the water right is located: Applicants
APPLICATION FOR CHANGE OF WATER RIGHT
Battlement Ditch No. 21, Priority No. 25
20. Decreed name of structure for which change is sought:
Battlement Ditch No. 21, Water District No. 45.
21. From previous Decree:
A. Date entered: 5/5/1888 Case No.: 89 Court: Garfield
County District Court
B. Decreed point of diversion: Battlement Creek in the
SE1/4 of Sec. 15, T. 7 S., R. 95 W., 6th P.M.
C. Source: Battlement Creek
D. Appropriation Date: 6/12/1884 Amount: 1.67cfs
Division 5 Water Court, Garfiele.• -',aunty, Colorado
In Re the Application of Guy R. and Robert J. Botkin
John W. Savage Page 4
April 27, 2000
E. Historic Use: Irrigation of grass, alfalfa, and
orchards. Net evapotranspiration irrigation requirements
for subject lands are 1.92 acre-feet/acre.
22. Proposed change: Applicants own 13 shares of the 880
shares total in the Morrisania Water Supply Company (MWSC).
Applicants' shares equal 1.477% prorata entitled of the
MWSC water rights, which include the above identified
right. The above identified right is the senior right on
Battlement Creek and has historically been in priority
throughout the irrigation season.
Construction of an additional home, driveway, and
parking areas will result in the dry up of 0.105 acres.
Irrigation will also cease on the area occupied by the
Botkin Pond with a surface area of 0.0265 acres for a total
dry up of 0.132 acres. The total depletion credits claimed
for this dry up is 0.253 acre feet.
Applicant requests to change of the use of 0.0022 cfs
(1.0gpm) of the above identified water right to storage,
evaporation replacement and augmentation uses.
APPLICATION FOR CHANGE OF WATER RIGHT
Battlement Ditch Domestic Ri ht
23. Decreed name of structure for which change is sought:
Battlement Ditch Domestic Right
24. From previous Decree:
A. Date entered: 3/30/1904 Case No.: 1082 Court:
Garfield County District Court
B. Decreed point of diversion: Battlement Creek, SE1/4
Sec. 15, T. 7 S., R. 95 W., 6`" P.M.
C. Source: Battlement Creek
D. Appropriation Date: 6/12/1884 Amount: 1.17cfs
E. Historic Use: Stock and domestic uses. This right is
junior and not available during the irrigation season,
however it has historically been in priority and used
during the non -irrigation season. This right was used
until 1986 for domestic uses on the subject property and
since then for stockwatering. Applicant has a prorata
entitlement to 13/880 or 1.477% of said right which equals
0.01728cfs (7.7gpm). The depletion credits from the
Division 5 Water Court, Garfield- _Junty, Colorado
In Re the Application of Guy R. and Robert J. Botkin
John W. Savage Page 5
April 27, 2000
historic use are assumed to be equivalent to a single
family home using 350 gallons per day with 10% depletion
factor. The period the credits were historically available
was from November through March. Historical use appears to
have terminated or lessened in 1986 with construction of
the domestic well. Credits have been reduced by 12% to
reflect this period of non-use, leaving available credits
of 0.0143 acre-feet.
25. Proposed change: Change 0.0143 acre-feet of the Battlement
Ditch Domestic Right to use as storage and augmentation.
When this water is diverted on to the property it can still
be used for livestock watering, but not for domestic uses.
APPLICATION FOR APPROVAL
OF PLAN FOR AUGMENTATION
26. Name(s) of structures to be augmented: Botkin Well, Permit
No. 141925
Are there other water rights diverted from this
structure(s)? No
27. Previous decree(s) for water rights to be used for
augmentation:
Battlement Ditch No. 21 Priority No. 25
A. Date entered: 5/5/1888 Case No.: 89
Court: Garfield County District Court
B. Decreed point of diversion: Battlement Creek in the
SE1/4 of Sec. 15
C. Source: Battlement Creek
D. Appropriation Date: 6/12/1884 Amount: 1.67cfs
E. Historic Use: Irrigation of grass, alfalfa, and
orchards. Net evapotranspiration irrigation
requirements for subject lands are 1.92 acre-
feet/acre.
Battlement Ditch Domestic Right
A. Date entered: 3/30/1904 Case No.: 1082
Court: Garfield County District Court
Division 5 Water Court, Garfield Bounty, Colorado
In Re the Application of Guy R. and Robert J. Botkin
John W. Savage Page 6 April 27, 2000
B. Decreed point of diversion: Battlement Creek, SE1/4
Sec. 15
C. Source: Battlement Creek
D. Appropriation Date: 6/12/1884 Amount: 1.17cfs
E. Historic Use: Stock and domestic uses. This right is
junior and not available during the irrigation season,
however is has historically been in priority and used
during the non -irrigation season. This right was used
until 1986 for domestic uses on the subject property
and since then for stockwatering. Applicant has a
prorata entitlement to 13/880 or 1.477% of said right
which equals 0.01728cfs (7.7gpm). The depletion
credits from the historic use are assumed to be
equivalent to a single family home using 350 gallons
per day with 10% depletion factor. The period the
credits were historically available was from November
through March. Historical use appears to have
terminated or lessened in 1986 with construction of
the domestic well. Credits have been reduced by 12%
to reflect this period of non-use, leaving available
credits of 0.0143 acre-feet.
Botkin Pond (applied for above)
A. Location of Dam/Pond: NE1/4NW1/4 of Sec. 10, T. 7 S., R. 95
W., 6"' P.M.; 1585 feet from west section line and 1135 feet
from north section line.
B. If off -channel: Pond to be filled from the Battlement
Ditch, No. 21 in Water District No. 45,
decreed for 1 67 cfs, Adjudication Date
Appropriation Date: 6/12/1884, Case No.
Diversion is on Battlement Creek in the
15.
C. Source: Battlement Ditch which diverts from Battlement
Creek, tributary to the Colorado River.
D. Date of initiation of appropriation: February 8, 2000
E How appropriation was initiated: Field Inspection
F. Date water applied to beneficial use: n/a conditional
right
G. Amount claimed: 0.0865 acre feet (28,200 gallons); rate
of diversion in cfs for filing the reservoir: 0.05 cfs from
Battlement Ditch.
Priority No. 25,
of 5/5/1888,
89. The Point of
SE1/4 of Section
Division 5 Water Court, Garfiel4'• ounty, Colorado
In Re the Application of Guy R. and Robert J. Botkin
John W. Savage Page 7
April 27, 2000
H. Storage, aesthetics and augmentation as set forth
herein.
1. Surface area of high water line: 0.0265 acres (1156 sq.
ft.); Maximum height of dam in feet: 6 feet; Length of dam
in feet: 20 feet (estimated)
J. Total capacity of reservoir in acre feet: 0.0865 acre
feet (28,200 gallons); Active capacity: 100% Dead Storage:
0.00%.
28. Statement of plan for augmentation: The above listed water
rights will be used to replace out of priority diversions
from the Botkin Well in the unnamed tributary, alluvial
acquifer and the Colorado River. There are senior
adjudicated springs and surface diversions from the unnamed
tributary, as well as senior water rights in the Colorado
River which have the potential to place an administrative
call against the Botkin Well on a year round basis. Out of
priority depletions will be replaced by turning water into
the unnamed tributary from Botkin Pond No. 1 and the
Battlement Ditch as described above.
Depletions from the well will be augmented during the
irrigation season from change of use credits associated
with the Battlement Ditch Priority No. 25. During the
irrigation season excess credits are available from this
senior right and will be used to fill the Botkin Pond and
to replace evaporation losses to provide full storage
levels heading into the non -irrigation season. Depletions
from the well will be augmented during the non -irrigation
season with releases from Botkin Pond and augmentation
credits available from the Battlement Ditch domestic water
right. Augmentation credits from the Battlement Ditch
Priority No. 25 water right total 0.253 acre-feet per year
and is greater than the total augmentation demands of 0.173
acre-feet per year for the well depletions and evaporation
replacement demands.
Augmentation credits from the changed rights and
storage releases will be delivered to a dry gulch adjacent
to the well. It is applicants' engineer's opinion that the
water will return to the same alluvial acquiver supplied by
the well in both magnitude and timing. The operation of
Division 5 Water Court, Garfielu -ounty, Colorado
In Re the Application of Guy R. and Robert J. Botkin
John W. Savage Page 8
April 27, 2000
the well will not result in any delayed groundwater
impacts.
Accounting for the augmentation requirements of this
proposal are set forth in Table 2 attached.
29. Name(s) and addresses(es) of owner(s) of land on which
structures are located: Botkin Well and Botkin Pond are
located on Applicants' lands. The Battlement Ditch
originates on private or public property and traverses
numerous properties, however this ditch historically and at
present discharges, in part, on Applicants' property.
John W. Svage, P.C.
By:
Date:
62,
Jo - W. Sav , #009946, Attorney fo>.` Applicant
2.Railroa.Y Ave./P.O. Box 1926, Rifle, CO 81650-1926
('70-625-1470, fax: 625-0803)
UU UJ:07 FAX. W7 D62-501(13
JOHN W SAVAGE PC 209
Division 5 Water Court, Garfield County, Colorado
In Re the Application of Guy R. and Robert J. Botkin
John W. Savage Page 8
STATE OF COLORADO
COUNTY OF GARFIELD
SS.
April 24, 2000
I, Guy R. Botkin, state under oath that 1 have read this
applicatioa and verify its content.
Appl'cant: Guy R. Botkin
Subscribed under oath before -e on: ((,h.„i ,.-"-� 2;v).
My commission expires: !/
'Ay Commission Expires
02/26/2002
/ )
ary Public
Table 2
Augmentation Demands and Credits
DEMAND INPUTS
# of residences
Residence diversions
Residence depletion
Livestock depletion
# livestock
2
350 gpd
10%
10 gpd
4
AUGMENTATION CREDIT INPUTS
Irrigation Dry up
Dry Up House& driveway
Dry Up Pond Area
Crop Consumptive use
Irrigation Credit Total
Net Pond Evaporation
Historic Use Domestic Right
# of residences 1
Residence diversions 350 gpd
Residence depletion factor 10%
"non use" reduction factor 88%
4590 Sq ft
1156Sgft
1.920 feet
0.253 ac -ft
2.590 feet
(1) = # residences x days per month x residence diversions x depletion factor/325 800
(2) = # of livestock x days per month x livestock depletion
(3) = (1) + (2)
(4) = (dry up area residence driveway, pond)/43560 x monthly crop consumptive use
(5) = # residences x days per month x residence diversions x depletion factor x nonuse reduction factor/325,800
(6) = (4) + (5) - (3) note: negative indicates required storage release, positive excess credits available
(7) = if (6) is less than 0, than release (6)
(8) = pond surface area (dry up area) x monthly net evaporation
4/27/002:15 PM
augcredits.xls Colorado River Engineering, Inc.
Water Consumption Demands
(1) (2) (3) (4)
Well Well Pond
Domestic Livestock Evap Total
(ac -ft) (ac -ft) (ac -ft) (ac -ft)
(5)
Irrg rights
Pri #25
(ac -ft)
Augmentation Credits
(6) (7)
Domestic & Excess
Stock Right Credits
(ac -ft) (ac -ft)
(8)
Req'd Pond
Releases
(ac -ft)
JAN
0.0067
0.001
0.0077
0.0029
-0.0048
0.0048
FEB
0.0060
0.002
0.0079
0.0026
-0.0052
0.0052
MAR
0.0067
0.003
0.0098
0.0029
-0.0069
0.0069
APR
0.0064
0.0037
0.006
0.0165
0.015
-0.0020
0.0020
MAY
0.0067
0.0038
0.008
0.0190
0.029
0.0101
JUN
0.0064
0.0037
0.011
0.0215
0.051
0.0299
JUL
0.0067
0.0038
0.012
0.0224
0.069
0.0462
AUG
0.0067
0.0038
0.011
0.0211
0.055
0.0343
SEP
0.0064
0.0037
0.007
0.0170
0.029
0.0120
OCT
0.0067
0.0038
0.004
0.0147
0.005
-0.0094
0.0094
NOV
0.0064
0.002
0.0083
0.0028
-0.0055
0.0055
DEC
0.0067
0.001
0.0075
0.0029
-0.0045
0.0045
Total
0.078
0.028
0.069
0.173
0.253
0.014
0.094
0.038
DEMAND INPUTS
# of residences
Residence diversions
Residence depletion
Livestock depletion
# livestock
2
350 gpd
10%
10 gpd
4
AUGMENTATION CREDIT INPUTS
Irrigation Dry up
Dry Up House& driveway
Dry Up Pond Area
Crop Consumptive use
Irrigation Credit Total
Net Pond Evaporation
Historic Use Domestic Right
# of residences 1
Residence diversions 350 gpd
Residence depletion factor 10%
"non use" reduction factor 88%
4590 Sq ft
1156Sgft
1.920 feet
0.253 ac -ft
2.590 feet
(1) = # residences x days per month x residence diversions x depletion factor/325 800
(2) = # of livestock x days per month x livestock depletion
(3) = (1) + (2)
(4) = (dry up area residence driveway, pond)/43560 x monthly crop consumptive use
(5) = # residences x days per month x residence diversions x depletion factor x nonuse reduction factor/325,800
(6) = (4) + (5) - (3) note: negative indicates required storage release, positive excess credits available
(7) = if (6) is less than 0, than release (6)
(8) = pond surface area (dry up area) x monthly net evaporation
4/27/002:15 PM
augcredits.xls Colorado River Engineering, Inc.
‘44.411/NO,
COLORADO
RIVER
ENGINEERING
P.O. Box 1301
Rifle, CO 81850
Tel 970-625-4933
Fax 970-625-4564
Mr. John W. Savage, P.C.
Attorney at Law
PO Box 1926
Rifle, CO. 81650
Dear John:
March 24, 2000
DRAFT
RE: Botldn Residence, Morrisania Mesa — Plan for Augmentation
Colorado River Engineering, Inc. has prepared the following engineering report in
support of an application for junior water rights and a plan for augmentation for the Botkin property
located on Morrisania Mesa. The proposed water supply plan will provide for domestic and
livestock water uses at the existing residence and the proposed secondary dwelling unit. Both
residences will be supplied by an existing well.
BACKGROUND
The subject property is located on Morrisania Mesa approximately two miles east of the
Battlement Mesa. The Botkin property is Tract 41 of the Morrisania Ranch, which we understand
was subdivided in the early 1900's. Tract 41 is approximatelyl3.5 acres and is situated in the
Northwest 1/4 of Section 10, Township 7 South, Range 95 West, of the 6th Prime Meridian as
illustrated on the attached general location map (Figure 1). The property is bordered on the south
by county Road 301 and on the north and east by an unnamed tributary of the Colorado River. The
existing property has a residence, barn, and miscellaneous out buildings.
A majority of the property is irrigated with water rights from the Morrisania Water Supply
Company (MWSC). MWSC reportedly owns portions of several direct flow irrigation water rights
in the Battlement Ditch that diverts from Battlement Creek as shown on Figure 1. The company
also has a senior direct flow right for stock and domestic uses out of Battlement Creek that has
historically been diverted and utilized during the non -irrigation season. The water company rights
have been utilized at the Botkin property for the decreed uses. A cistern has historically been filled
to provide the domestic supply.
A well was developed at the residence in 1986 to provide a new domestic supply. The well
is currently registered with the Colorado Division of Water Resources under exempt permit 141925.
This lot is entitled to an exempt well permit for "in-house" uses in one single family dwelling unit
based on the creation of the subdivision prior to groundwater administration.
1
EXHIBIT 2B
WATER SUPPLY PLAN
The domestic water supply for the new residence will be supplied by sharing the existing
well. Groundwater is the preferred alternative versus the use of surface water supply (cistern)
because of water quality issues. The exempt permit will have to be relinquished with the shared use
of the well. A water right for the well will have to be developed to serve the two residences. The
water right will be' junior" in the water right priority system and will require augmentation by other
sources when out of priority. We recommend on site augmentation using irrigation augmentation
credits and releases from a storage pond to be constructed on the property. The junior storage right
could fill under its own priority when available, but will primarily be filled with change of use
credits available from "dry up" of irrigated area on lands formerly supplied by the irrigation water
rights. The irrigation rights will have to be changed to allow for storage and augmentation uses.
We have prepared a brief description of the proposed water supply plan components
Junior well right — The water supply plan will allow for use of one well to serve two
residences. The well would have a decreed flowrate of 15 gallons per minute (gpm) and be allowed
to serve up to two residences for in house domestic uses and stock watering. Stock water has been
included to cover stock water demands when the Battlement Ditch domestic and stock water right is
out of priority during the irrigation season. We have assumed that no groundwater will be used for
irrigation uses. The legal descriptions for the proposed conditional well right is as follows:
Botkin Well No. 1 (existing) is located in the NE% of NW 'V4 of Section 10,
Township 7 South, Range 95 West, of the 6`h P.M. The well can be plotted
1,780 feet east of the west section line and 1200 feet south of the north
section line.
The water rights application and final decree shall request that the exempt well permit for
the existing well (Botkin Well No.1) shall remain in effect until the pond is constructed and the
augmentation plan becomes effective with the construction of the secondary dwelling unit. The
date of appropriation for the well, pond, and augmentation plan is February 8, 2000, which was the
date of our field inspection of the property.
Junior storage right — A storage right for an onsite pond will be required to provide "in
basin" augmentation for the well. In addition to augmentation, the storage uses should include
domestic, aesthetic, and stock. The maximum size of the pond will be 0.0865 acre-feet (28,200
gallons) with a maximum depth of 6 -feet and a surface area of 0.0265 acres (1156 sq. ft.). The
source of fill will be the Battlement Ditch with a fill rate of 0.05 cubic feet per second (cfs). The
legal description for the pond location is;
Botkin Pond No. 1 is located in the NE'/ of NW ''A of Section 10,
Township 7 South, Range 95 West, of the 6th P.M. The pond can be plotted
1,585 feet east of the west section line and 1,135 feet south of the north
section line.
2
Change of Use Irrigation Rights
A portion of the existing water rights used at the property for irrigation should be changed to
allow for storage and augmentation uses. The place of use will not change. The new uses will be
available from dry up of formerly irrigated land due to the construction of the new driveway, home,
and pond. The irrigation rights historically caused stream depletions at the property and can be
changed to offset well depletions or be placed into storage so long as the magnitude and timing of
the new depletions match historic conditions. Historic depletions are a function of the water rights,
irrigated area, crops grown, and physical supply.
Water Rights — We understand that the Botkin's own 13 shares of the 880 shares total in the
Morrisania Water Supply Company (MWSC). This is equivalent to a 1.477% prorata entitlement of
the company water rights. The water commissioner for district 45 (Don Mackey) has reported that
the MWSC owns portions of multiple direct flow irrigation rights in the Battlement Ditch diverting
from Battlement Creek. The following Table 1 summarizes the water rights of the Battlement
Ditch, the percent ownership of the MWSC as reported from the water commissioner, and the
Botkin prorata entitlement. The relevant portion of the court decrees for these rights have been
attached as Appendix A.
Table 1— MWSC I
Water Right
Amount
(cfs)
Adjdctn
Date
Appm
Date
Case
No.
MWSC
ownership (cfs)
tiBotkin
ownership (cfs)
Battlement Ditch (Pri 25)
1.67
5/5/1888
6/12/1884
89
1.25
0.0185
Battlement Ditch (Pri 33)
6.67
5/5/1888
6/01/1885
89,2067
6.09
0.0900
Battlement Ditch (Pri 81)
3.00
5/5/1888
6/08/1887
89, 2/
3.00
0.0443
Battlement Ditch (Pri 85)
3.33
5/5/1888
7/21/1887
89,2067
1.41
0.0208
Battlement Ditch (Pri 110)
2.00
4/8/1893
5/21/1891
522
2.00
0.0295
Total
16.67
13.75
0.2031
ase on on 13 shares out of 880 shares in MWSC (1.477%)
2/ Transferred from Cedar Grove Ditch
Battlement Creek is an over appropriated stream system having more water rights than
available flow. Most of the rights receive a full supply during the spring runoff period in June but
are typically administratively curtailed starting in July when streamflow levels drop significantly.
The two senior rights in the ditch are the 1s` and 3m priorities on the creek and typically receive their
decreed entitlement during the entire year. We recommend that a portion of the senior priority
(Priority No. 25) be changed to allow for storage and augmentation uses. The amount of credits that
can be changed for new uses will be limited to historic depletions from irrigation uses.
Historic depletions are a function of the irrigated area and the crop evapotranspiration (ET).
The irrigated area dry up will result from construction of the new home and driveway area that
measured 0.105 acres from the site plan. Irrigation will also cease at the pond, which has a
maximum surface area of 0.0265 acres. Total dry up is 0.132 acres. Grass crops have historically
been irrigated on the property. Net evapotranspiration irrigation demands for the site was calculated
3
to be 1.92 acre-feet/acre. The total depletion credits that can be claimed from dry up is 0.253 acre-
feet (0.132 ac x 1.92 ft).
We recommend that 0.0022 cfs (1.0 gpm) of the senior priority be changed to the new uses.
The senior right has always been in priority and will provide a reliable augmentation source.
During periods when the augmentation credits are being used to offset the well, a turnout structure
with a measuring device will be required to bypass flows to the unnamed tributary adjacent to the
well. Excess credits exist during the irrigation season from the proposed change and can either be
used to fill the pond, refill the pond to replace evaporation, or continue to be used for irrigation
uses. The amount of bypass required would be calculated using accounting programs developed
with the Division of Water Resources.
Change of Use Domestic & Stock Rights
In addition to irrigation water rights, MWSC holds a Domestic and Stock water right on
Battlement Creek. This Battlement Ditch right is junior and not available during the irrigation
season. However, the right has historically been in priority and been used during the non -irrigation
season. This right was used until 1986 to meet domestic demands at the existing residence resulting
in a depletion to the stream system. The depletion credits can be calculated and changed to
augment the new depletions from the well.
X11
1�
The Battlement Ditch domestic right was decreed in Case No(1082 for 1.17 cfs for stock
and domestic uses (Decree attached in Appendix A). The adjudicati to is 3/30/1904 with an
appropriation date of 6/12/1884. The Botkin prorata entitlement is 147 o or 0.01728 cfs (7.7
gpm). We recommend that the 0.01728 cfs be changed to allow for th new use of augmentation.
The depletion credits from the historic use are assumed to be equivalent to a single family home
using 350 gallons -per day with a 10% depletion factor for consumptive use. The period the credits
were historically available was from November through March. It is common in water right change
cases to reduce credits for periods of historic "non use". The domestic use of this right was not
used after 1986 due to the construction of the existing well. We have reduced the credits available
by 12% to account for 14 years of recent well supply. Annual credits total 0.0143 acre-feet. When
this water is diverted on to the property it can still be used for livestock purposes but should have a
term preventing domestic uses to protect downstream rights.
Plan for Augmentation
An augmentation plan enables the use of the junior water rights by replacing stream
depletions from other water right sources. The replacement source must provide water in timing
and magnitude above the downstream calling rights to prevent injury. Spring water rights exist
downstream of the property on the unnamed tributary. The unnamed tributary is also intercepted by
collection ditches below Morrisania Mesa. These rights have the potential to place an administrative
call against the well on a year round basis. We have conservatively assumed a year round call to be
in effect on the wells. The depletions from the well will be replaced by turning water into the
4
unnamed tributary. The augmentation sources include Botkin Pond No.1 and the Battlement Ditch
direct flow water rights (domestic & irrigation) changed to augmentation uses.
The quantity of well water to be augmented has been estimated for domestic and livestock
uses. Domestic diversions are assumed to be 350 gallons per day for each residence. Domestic
depletions are assumed to be 10% of diversions with the remainder returning to the groundwater via
a septic tank and leach field system. Annual domestic depletions were calculated to be 0.078 acre-
feet. Livestock diversions and depletions were estimated using 4 livestock units at 10 gallons per
day for the period of April through October. Total annual livestock depletions are 0.026 acre-feet.
Annual depletions from both uses total 0.104 acre-feet as summarized on the attached Table 2.
Augmentation Sources include; (1) Augmentation credits available from the Battlement
Ditch Priority 25 irrigation water right: (2) Augmentation credits from the Battlement Ditch
domestic water right: and (3) Storage releases from Botkin Pond No. 1. The annual well depletions
versus augmentation credits is as follows.
Well Depletions Augmentation Credits
In-house Domestic 0.078 AF Battlement Ditch Irrg. 0.253 AF
Livestock 0.026 AF Battlement Ditch Dom. 0.014 AF
Total 0.105 AF Total 0.267 AF
Monthly comparison of depletions and available credits is summarized on Table 2. The
annual credits from the existing water rights are greater than the proposed well depletions.
However, credits are not sufficient during the winter period and will require pond releases. The
total pond release requirement for well augmentation is 0.024 acre-feet. This is less than the
proposed decreed pond volume, which has been oversized to account for evaporation or seepage
losses. The change of use credits is also sufficient to replace evaporation losses to the pond. These
credits will thus be used to fill & replace evaporative losses so that the pond will enter the non -
irrigation periods at full storage. The net evaporation loss was calculated using procedures
developed by the National Weather Service and totaled 2.59 feet per year. The maximum amount
of evaporation occurring over the year is 0.069 acre-feet conservatively using the maximum pond
surface area of 0.0265 acres (See table 2). The total augmentation credits (0.267 acre-feet) exceed
the well augmentation and evaporative replacement demands of 0.174 acre-feet (0.105 + 0.069).
We recommend the pond be constructed with an impermeable liner or bentonite layer to
minimize seepage loss
Delayed Well Pumping Impacts
Well pumping can cause a delayed impact to the stream system receiving the groundwater
flows. It is our opinion that the small quantity of water being turned out into the dry gulch will
infiltrate and return to the same groundwater source that the well withdrawals are made from. The
infiltrated water will match the well depletions in timing and magnitude. Therefore, we believe
delayed impact accounting will not be required in the augmentation plan.
5
SUMMARY
The proposed well depletions at the Botkin residence resulting from supplying water service
to two homes and four livestock units can be augmented to prevent material injury to downstream
water rights. The proposed water supply will require the development of a junior well water right
and a pond storage right. Depletions from the well will be augmented with change of use credits
available from the Priority 25 irrigation right and the domestic/livestock right out of the Battlement
Ditch. Winter period augmentation will be provided by storage releases from the pond. Excess
change credits are available from the irrigation right and will provide a reliable source of water to
fill and refill the pond as needed. A turnout structure on the property will be required to bypass the
flows for administration purposes. Water use and augmentation accounting will have to be
developed. Delayed well pumping impacts will not be required in the accounting program due to
the return of water to the aquifer at the same location that the well takes it supply.
If you have any questions, please do not hesitate to call 970-625-4933.
CM:cm
Encl:
savagel.doc
Sincerely,
Christopher Manera, P.E.
6
2000 feet
Bo 1301 COLORADO
Rifle,e, CC O 81650
Tel 970-625-4933
NER
Fax 970-625-5464 ENGINEERING
CM/ Eng/noosing
YRightlAarnatrutten P WeBPemV�p Job No: 508
dysia YGanal. POW/nee. Dia Drawn • .CM And by: CM Dqe: FebA9
General Location Map
Tit 41
Morrisania Ranch
mmmi
File Nam= 508IFigl
BitY
Table 2
Augmentation Demands and Credits
DEMAND INPUTS
# of resdinces
Residence diversions
Residnece depeltion
Livestock depletion
# livestock
2
350 gpd
10%
10 gpd
4
AUGMENTATION CREDIT INPUTS
Irrigation Dry up
Dry Up House& driveway
Dry Up Pond Area
Crop Consumptive use
lrrgigation Credit Total
Net Pond Evaporation
Historic Use Domestic Right
# of residences 1
Residence diversions 350 gpd
Residence depeltion factor 10%
"non use" reduction factor 88%
4590 Sq ft
1156 Sq ft
1.920 feet
0.253 ac -ft
2.590 ac -ft
(1) = # residences x daysper month x residence diversions x depeltion factor/325,800
(2) = # of livestock x days per month x livestock depeltion
(3) _ (1) + (2)
(4) = (dry up area residence driveway, pond)/43560 x monthlt crop consumptive use
(5) = # residences x daysper month x residence diversions x depeltion factorx nonuse reduction factor/325,800
(6) = (4) + (5) - (3) note: negative indiactes required storage release, positive excess credits available
(7) = if (6) is less than 0, than release (6)
(8) = pond surfacce area (dry up area) x monthly net evaporation
Water Consumption Demands
(1) (2) (3) (4)
Well Well Pond
Domestic Livestock Evap Total
(ac -ft) (ac -ft) (ac -ft) (ac -ft)
(5)
Irrg rights
Pri #25
(ac -ft)
Augmentation Credits
(6) (7)
Domestic & Excess
Stock Right Credits
(ac -ft) (ac -ft)
(8)
Req'd Pond
Releases
(ac -ft)
JAN
0.0067
0.001
0.0077
0.0029
-0.0048
0.0048
FEB
0.0060
0.002
0.0079
0.0026
-0.0052
0.0052
MAR
0.0067
0.003
0.0098
0.0029
-0.0069
0.0069
APR
0.0064
0.0037
0.006
0.0165
0.015
-0.0020
0.0020
MAY
0.0067
0.0038
0.008
0.0190
0.029
0.0101
JUN
0.0064
0.0037
0.011
0.0215
0.051
0.0299
JUL
0.0067
0.0038
0.012
0.0224
0.069
0.0462
AUG
0.0067
0.0038
0.011
0.0211
0.055
0.0343
SEP
0.0064
0.0037
0.007
0.0170
0.029
0.0120
OCT
0.0067
0.0038
0.004
0.0147
0.005
-0.0094
0.0094
NOV
0.0064
0.002
0.0083
0.0028
-0.0055
0.0055
DEC
0.0067
0.001
0.0075
0.0029
-0.0045
0.0045
Total
0.078
0.026
0.069
0.173
0.253
0.014
0.094
0.038
DEMAND INPUTS
# of resdinces
Residence diversions
Residnece depeltion
Livestock depletion
# livestock
2
350 gpd
10%
10 gpd
4
AUGMENTATION CREDIT INPUTS
Irrigation Dry up
Dry Up House& driveway
Dry Up Pond Area
Crop Consumptive use
lrrgigation Credit Total
Net Pond Evaporation
Historic Use Domestic Right
# of residences 1
Residence diversions 350 gpd
Residence depeltion factor 10%
"non use" reduction factor 88%
4590 Sq ft
1156 Sq ft
1.920 feet
0.253 ac -ft
2.590 ac -ft
(1) = # residences x daysper month x residence diversions x depeltion factor/325,800
(2) = # of livestock x days per month x livestock depeltion
(3) _ (1) + (2)
(4) = (dry up area residence driveway, pond)/43560 x monthlt crop consumptive use
(5) = # residences x daysper month x residence diversions x depeltion factorx nonuse reduction factor/325,800
(6) = (4) + (5) - (3) note: negative indiactes required storage release, positive excess credits available
(7) = if (6) is less than 0, than release (6)
(8) = pond surfacce area (dry up area) x monthly net evaporation
Appendix A
Battlement Ditch Court Decrees
7
28
flow into said ditch from said creek, for the use aforesaid and for the benefit of
the party lawfully entitled thereto, under and by virtue of the appropriation by
original construction—Priority No. 23-5o cubic feet of water per minute.
Provided, That 22 cubic feet of water per minute of said appropriation
shall only be granted and allowed to flow into s
the use and benefit aforesaid,
said ditch from said creek, for
feasibly irrigable lands thereunder, oveadn as said party shall his
the ratio of Go cubic feet of over and above the amount of stir
And we. r per minute tea So acres additional
additiona23 l lans. d
the user of the provided
cd prtioq That said increase of such adp opriat Ie.nds the and
thereon, proportionate additional amount of water appropriated therefor,
be made by said portico with reasonable diligence.
(NB -See decree at page are hereof
NUMBER TWENTY
TIIE BOULTON AND BANTA DITCH
That said ditch is entitled to Priorities Nos. 24 and 7g. 15 is claimed
by John J. Boulton and Joseph E. Banta, one-half interest each. It is used for
the irrigation of lands, and takes its supply of water from Hamm Creek. The
Iseadgate thereof is located on the east bank of said creek, on or near Sec 32,
T. 6 S., R. 92 W. in Garfield County. And it is hereby adjudged and decreed
that there be allowed to flow into said ditch from said creek for the uac aforesaid
and for the benefit of parties lawfully entitled thereto under and by virtue of the
per minute,
appropriation
by original construction—Priority No. 24_90 cubic tech of water
And further, that there be allowed to flow into said ditch from
crcck, under and by virtue of the appropriation by. first enlargement—Priority
No. 79-16o additional cubic feet of water per minute.
Provided, That 16o cubic feet of water per minute of said last mentioned
appropriation shall only be granted and allowed to flow into said ditch from
said creek, for the use and benefit aforesaid in proportion as said parties shall
increase their feasibly irrigable lands thereunder, over and above the amount of
additional land.
water per minute to so
75 acres, in the ratio of 6o cubic feet of acres of
such
. And provided further, That said increase of such additional lands and
the user of the said proportionate additional amount of water appropriated
therefor, thereon, be made by said parties with reasonable diligence.
(NB—see decree at page x6g hereof)
NUMBER TWENTY-ONE
THE BATTLEMENT DITCH
That said ditch is entitled to Priorities Nos. 25, 33 and 85. It is claimed
by George II. Derbyshire, John B. Cary, P. Randolph Morris, and Edmund P.
Campbell, one-fourth interest each. It is used for the irrigation of lands, and
takes its supply of water from Battlement Creek. The headgate thereof is located
on the east bank of said creek, at a point about two and a half miles from the
mouth thereof, in Garfield County. And it is hereby adjudged and decreed that
there be allowed to flow into said ditch from said creek for the use aforesaid,
29
for the benefit of the parties (awfully entitled thereto, under and by virtue of
the appropriation by original construction—Priority No. a5—too cubic feet of
water per minute. •- .
And further, that there be allowed to flow into said ditch from said creek,
for the use andLenefit. aforesaid, under and by virtue of the appropriation by
first enlargement -Priority No. 33-40o additional cubic feet of water per minute.
And Luther, that there be allowed to flow into said ditch as aforesaid, for
the use and benefit aforesaid, under and by virtue of the appropriation by second
enlargement—Priority No. 85-300 additional cubic feet of water per minute.
That the whole amount of water to which said ditch is at present entitled
iscomputed at 70o cubic feet per minute. _
Provided,. That 575 cubic feet of water per minute of said appropriations
shall only be granted and allowed to flow into said ditch from said creek, for the
die and benefit aforesaid, in proportion as said parties shall incrcasc their feasibly
Irrigable lands thereunder over and above the amount of ros acres, in the ratio
of 6o cubic feet of water per minute to 50 acres of such additional lands.
And provided further, That said increase of said additional lands and the
user of the said proportionate additional amount of water appropriated thcrcfor,
thereon, be made by said parties with reasonable diligence
(NB—Sce decree at page 243, hereof)
NUMBER TWENTY-TWO
THE HARDING AND SIMERL DITCH
That said ditch is entitled to Priorities Nos. 27, Gs and 69. The original
construction isclaimed by Charles L. )larding and Silas W. Simerl, one-half
interest - each, while. Dempsey C. Harding and Perdinand P. Reiner claim at in-
terest in the enlargements thereon. It is used for 'the irrigation of lands, and
takes its' supply of 'water from Cache Creek. The headgate thereof is located
at a poinl ton the east bank of said creek, about Ip miles from the mouth thereof.
And it is hereby adjudged and decreed that there be allowed to flow
into- said ditch from said creek . for the use aforesaid, and for the benefit of the
parties lawfully entitled thereto, under and by virtue of the appropriation by
original construction—Priority No. 27-12o cubic feet of water per minute.
• And further, that there be allowed to flow into said ditch as aforesaid, for
the use and benefit aforesaid, under and by virtue of the appropriation by first
• enlargement—Priority No. 61-140 additional cubic feet of water per minute.
And further, that there be allowed to flow into said ditch as aforermd
under and by virtue of the appropriation by second enlargement—Priority No.
69-22o additional cubic feet of water per minute.
That the whole amount of water to which said ditch is at present
• entitled is 480 cubic feet per minute.
Provided, That 435 cubic feet of water per minute of said appropria-
tions shall only be granted and allowed to flow into said ditch from said creek,
for the use and benefit aforesaid, in proportion as said parties shall increase
their feasibly irrigable lands thereunder over and above the amount of 35 acres,
in the ratio of 6o cubic feet of water per minute to 5o acres of such addi-
tional lands.
And provided further, That said increase of said additional lands and
the user of the said proportionate additional amount of water appropriated
therefor, thereon, he made by said party with reasonable diligence[
88
.ct to Irrigation from the said enlargement of said Aitch, and that the
aid enlargement is sufficient to entitle said Petitioner to an appropria-
cubic feet of water per second of time of the water of said creek through
I ley Ditch by virtue of said Sawin Enlargement thereof, and tsar said
ion is entitled to Priority No. rob' A in said Water District No. ;5,
priority is entitled to be taken by said petitioner, and her heirs and as -
rough the said Iluntley Ditch, width is No. 23 in the decree of the
Court for said water district.
Vherefore, it is Ordered, Adjudged and Decreed, that there be allowed
No said Huntley Ditch for irrigation purposes for the use of the .said
E. Trimmer, her heirs and assigns, under and b
ment— by virtue the approf
$nlar
by the Sawin ge I nolilY No, 108 A—two cubic feet of
second of 'ince.
t is further Ordered, Adjudged and Decreed, that these findings and
c shall be subject to the same provisions and all the conditions of the
this Court made and entered on the 5th May,day, of ay, A. D. 'EMS,
plater of the madjudication of the priority of rights t0 the use of n31er
l Water District No. 45."
ndit is further Ordered that the petitioner herein pay all costs of
ediug.
THOMAS A RUCK lilt. Judge.
PRIORITY NO. 108 CC
THE FEEDER DITCH NO. 2
•
n this sand day of Novend:cr. A. D. 1909. being one of the regular
es of the November. A. 1). 1y9 term of said Court. this cans.: cache
1 y for hearing to the Court, the petitioner appearing in person and
orney, J. W. Dollison, and it appearing to the Court that a conflict
(ween the petitioner herein and one Kate Kirkpatrick, petitioner in
1364, as to the right of the petitioner herein to toe use of eel lain
ugh the Fecder Ditch No. 3; this cause was heard in connection with
1364. the said Kate Kirkpatrick appearing in person and by her attorney,
ylor and Charles W. Taylor. And the Court having heard all of the
in Cause No. 1364 and in Cause No, 5389. and beim.: now
sufficiently
the premises, doth find:
rstt That the petitioner, Charles A. Swanson, is the owner of
E.I. and S.E.I SAV.3. Sec. one 0), and the N. W. N , Sec. 52,
R. 95 W. 6t1, 1'. M., and Ihat he claimed to be tine owner of the
oder Ditch No. 36 in Water decree of this Court for ater District
al that he also claims to be the owner of the Feeder Ditch No.
m ect hall with and being a part of the said 1) 11 1,, Feeder Ditch; that
le of the Feeder Ditch No. 2 is the outlet of a cc rb.in spring situate
'1'. 7 S.. It. 94 \V.. about three and one.lml1 miles smith of the lands
r herein described, in Wen er District No. 45, Garfield County, Coin:
n the l'cadgale thereof said Porder Ditch No. in n
sl north-
eclinn tb rough a all lake, one and one-quarter miles hnto the
eeder Ditch, and thence clown said O'Brien Feeder Ditch,
bring a part thereof, to the said lands of the petitioner.
er Ditch No. z takes its supply of water from said spring
gate thereof and from said small lake and the waters collecting therein;
ceder Ditch No. 2 is x feel wide at the bottom, 33 feet Wide at the
11,, feet deep, the grade of said Feeder Ditch. No. 2 is 500 feet to one
las a carrying capacity of g6 cubic feet of water per minute of time;
was coneencc(1 011 said Feeder Ditch No. z August r, 188R.
89
Second: That the pctirioner, Charles A. Swanson, has lying under
and subject to irrigation by wattr boar the Feeder Ditch No. 2, eighty acres
of his land herein described, and that thirty acres of said land is now under
cultivation and has leen irrigated by water from said Feeder Ditch No. x; that
the amount of land lying under and irrigated and. susceptible of irrigation by
water from said Feeder Ditch No. z, and the size and carrying capacity thereof is
sufficient to entitle said Feeder Ditch. No. 2 to an appropriation on the original
construction thereof, for the use and benefit of the owner thereof, and his heirs
and assigns, of 96 cubic feet of water per minute of time; that the Feeler
Ditch No. x should be numbered 65 RR, and is entitled to Priority No. 108 CC
in the decree of this Court for Water District No. 45. daiing from August 1st. 1888.
Third: That as to the right of the petitioner herein to the use of certain
water through his Feeder Ditch No. 3. the -Court finds the issues in favor of
Fate Kirkpatrick, petitioner in Cause No. 3364.
It is therefore Considered, Ordered, Adjudged and Decreed by the Court,
that the Feeder Ditch No. 2 Ye numbered 65 RR, with Priority No. 1o8 CC in
the decrees of this Court for \Vater District No. 45; that said Feeder Ditch No.
2 be awanlc.l an appropriation of 96 cubic feet of water per minute of time on
the original construction thereof, dating from August 1st, 1888, and that there
I:d allowed to flow into said 'Feeder Ditch No. 2 from the spring at the hcadgate
thereof, and said lake and water collecting therein, for the use and benefit of
said petitioner and his assigns, for irrigation and domestic purposes, by virtue of said
appropriation, 96 cubic feet of water per minute of time; provided, that 6o cubic
feat of water per minute of time shall only be granted and allowed to flow into said
Feeder Ditch No. z for the use and benefit aforesaid, in proportion as said petitioner
shall increase his feasibly irrigable lands under said Feeder Ditch No. 2, over
and above the amount of 30 acres in the ratio of 6o cubic feet of water per
minute of time to 5o acres; and provided, further, that said increase of said
additional land, and the use of said proportionate amount of water appropriated
therefor, and thereon be made by said petitioner and his assigns with reason-
able diligence. -
And it is further Ordered and Adjudged by the Court, that these
findings and this decree is subject to all decrees adjudicating the priority of
water rights in Water District No. 45. made and entered of record in this Court
more than four years prior to the filing of the petition herein; also subject
to the same conditions and provisions as are applicable to and contained in
the general decree entered of record in this Court in the matter of the adjudi-
cation of the priority of rights to theuse
of water for irrigation in Water
District No. 45, on the 5th day of May, D. 1888.
It is further Ordered, that the petitioner pay the costs of this proceeding.
JOAN T. S11UMATE, Judge.
PRIORITY NO. 109
S\VAN SPRING AND WASTE WATER 'DITCH
PRIORITY NO. 110
SWAN ENLARCEMI ENT OF RA1'TI,E\1 ENT DITCH
Now on this 8th day of April, A. D. .893. the same being one of the
regular judicial days of the November. A. 1). 1893 term of said Court. the above
entitled matter coming on to be heard by the Court, and the petitioner ap-
pearing in person and by Edward T. Taylor, hit attorney, and it appearing to the
Court that due notice of this proceeding .has been served upon all parties en-
90
titled to notice hereof. and the Court having heard the testimony and the
arguments of counsel and having considered the same and being now fully ad-
vised in the preiniscs, doth find:
First: In reference to the said Swan Enlargement of the said Bat-
tlement Ditch, that said Battlement Ditch is No. 21 in thedecreeof this Court
for said Water District No. e5; that on the asst day of May, A. D. 189 r, the said
petitioner. Jos. 5. Swan, having obtained permission of the owners, commenced
the work of enlargement of said Battlement Ditch, designated the Swan En-
largement thereof, and that said petitioner has pursued the work of construction
of said enlargement with all reasonable and necessary diligenceever since hitherto;
that the priority rights of petitiner to water through said ditch by virtue
of said enlargement were initiated and commenced upon and date from the said
2154 day of hlay, A. D. 1891 and that said appropriation is entitled to Priority
No. 110, ;n said Water District No. 45: that said enlargement is used for the
irrigation of lands of petitioner and takes its supply of water from Battlers -0:0E
Creek through said Battlement Ditch; that petitioner has under and subject
to irrigation from said enlargement 10o acres of land and that said amount
,.f land and the said uses and needs of petitioner, together with the capacity
and dimensions of said enlargement. are such as to entitle it to an appropriation
of water from said creek for the uses aforesaid, for the benefit of said peti-
tioner or his grantees, under and by virtue of•this appropriation, 2 cubic feet
of water per second of time.
Second: And the Court doth further find in reference to said Swan
Spring and Waste Water Ditch, that on the 1st day of May, 1889, the said
petitioner herein commenced the work of construction of said ditch and has
ever ince hitherto pursued the work of construction thereof and built and
used said ditch with all reasonable and proper diligence and that the priority
sigh is of petitioner were initiated and commenced upon and date from the said
1st clay of May, A. 1). 1889 ; that said ditch is entitled to No. 66, with Priority
No. 109 upon said appropriation by original construction, in said Water District
No. a5; that said ditch is used for the irrigation of lands and takes iti supply
of water front springs and waste waters in a gulch at a point near the south-
west corner of the S.E.1 S.W.I. Scc. 2, T. ) S., R 95 W.; that there are
under said ditch, and subject to irrigation thereby, 70 acres of land belonging
to petitioner, all of which said land is under the said Swan Enlargement of
said Battlement Ditch; that said amount of land and the said uses and needs,
together with the capacity and dimensions of said dimll are such as to ertlitle
it to an appropriation of water from the said springs and waste water from
said gulch, for the uses and purposes aforesaid, and for the benefit of said
petitioner or his grantees, under and by virtue of this appropriation, of t quo
ruble feet of water per second of time.
Therefore it is Ordered, Adjudged and Decreed by the Court, in respect
to the said Swan Enlargement of the said Battlement Ditch that that portion
of the decree of this Court heretofore made and entered on the 5th day
of May, A. D. ,888, "In the matter of the adjudication of the priority of
rights to the use of water for irrigation for Water District No. 4s, in respect
to No. 21, the Battlement Ditch, be added t� it this Swan Enlargement of said
(lit chas supplement thereto and subject to the rights of the original owners
as therein decreed and that the said petitioner or his grantees, by virtue of this
.aid Swan Enlargement, be permitted to take this appropriation of water through
said Battlement Ditch from said creek for irrigation purposes and that said ap-
propriation be, and the same is hereby designated Priority No. no in said Water
District No. 45, and is hereby granted and allowed for said purposes, 2 cubic
feet of water per 'second of time to he taken from Battlement Creek through said
Battlement Ditch, subject to the rights of prior appropriators and original owners.
And it is further Ordered. Adjudged and Decreed, in reference to said
Swan Spring and Waste Water Ditch, that the same is claimed by Jos. S. Swan;
91
it is used for the irrigation of landsand lakes its supply of water from
gulch and springs therein at a point near the S. W. corner of `the S. E.1 of
S.\V.1 of Scc. 2, 'T. 7 S., R. 95 W. ; that said ditch is entitled to No. 66, with
Priority No. 109 in said rater district, and it is hereby adjudged and decreed
That there be allowed to flow into said ditch from said springs and waste water
for 111e use aforesaid and for the benefit of the party lawfully en t ill ed thereto.
ler and by virtue of the appropria line by original const rte tion --Priority No.
109-1.4 cubic feet of water per second of time.
And it is further Ordered,Adjudged and Decreed. that (hese findings
and these decrees be taken, deemed and' held as supplement to and subject to
the conditions and provisions of the decree of this Court made and. entered on
the 511, day of May, A. D. 1888, "In the matter of the adjudication of the
priority of rights to the use of water for irrigation i Water District No. ,I5."
And it is further Ordered that the petitioner l herein pay all the costs of
tb is proceeding.
• THOMAS A RUCKER. judge.
PRIORITY NO. 109 A
COOL EI- NO. 3 DITCH
PRIORITY NO. 109 13
COOLEV NO. 1 DITCH
PRIORITY NO. 109 0
COOOLE1' NO. 2 DITCH
Now on this 2oth clay of December, A. D. .893, the same being onc the regular juridical days of the November, A. D. 1893 term of said Conrte
the above entitled matter coming on to be heard by the Court, and the peti-
tioner appearing In person and by Edward T. 'Taylor, Esq., his attorney, and
it appearing to the Court that all parties interested herein or et lit led 0 notice
of this proceeding have been duly notified, and the Courthaving heat d the
testimony and the arguments of counsel and having considered the s me, and being
now fully advised ;, the premises, doth -find:
First: That the said Cooley Nos., , a and 3 Ditches arc all owned
by Ors on W. Cooley and are used for theirrigation of lands, and take thci•x
supply of water from West Garfield Creek itminding springs therein, . '
Water District No. 45, Garfield County, Colorado; That the headgate of said
No. n Ditch being located on the south-west bank of said creek at a point
about 200 feet south of the south line of the N.W.i, Sec. 25, '1'. 6 S., R. 91
W., and the headgate of said No.Ditch Icing on the south-west bank of
said creek at about 125 feet south of the north line of the S.W.1 of N.W.1 of
Sec. 25, 'f. 6 S., R. 91 W., and said ditch being entirely upon the land of
claimant and is fed and supplied mostly by springs and seepage water in and
near said creek and above said headga le, to which springs and the waters thereof
for said ditch said claimant is entitled, and duly appropriated ; that the head -
gate of said No. 3 Ditch is situated on the south-west bank of said creek at a
point on and near the center of the N.E.1 of the N. E3, Sec. 26, '1'. 6 S., R. 91
W. ; the said ditch being entirely upon the land of said claimant and its main
source of supply being springs in and near said creek and also on the lands
of said claimant, to which said springs and the waters thereof said claimant
is
entitled and has duly appropriated, by virtue of said ditch, to the amount herein.
after slated; that the work of construction of said No. t Ditch was commenced
by raid claimant on the /3111 day of April, 1890, and said No. 2 Ditch was cont.
224
bf said ditch is 4 cubic feet of water pc second of time; that said ditch takes
its supplyof water 'from East Spring Creek in Water District No. 45, and that
the same is entitled to number 91 in the decrees of this Court for said water
district, with Priority No. 144, on account of the use of water therethrough
because of the original construction of said ditch, relating back to and dating
Ircm April 7, 1910.
Wherefore, it is Ordered, Adjudged and Decreed by the Court, that
there be allowed to flow into the Otten Ditch No. 1 for irrigation purposes
during the irrigating season. and for the use and benefit of the petitioner,
Annie Ottcn, three twenty-fifths of one cubic foot of water per second of time, pr
seven and two-tenths cubic feet per minute absolutely, which amount shall be increased
tom time to time up to four -tenths of a cubic foot of water per second of time,
or 24 cubic feet per minute, as the petitioner, Anne Otten, shall, with reasonable
diligence, bring additional of her said lands under cultivation and irrigation with
said water up to 20 acres; and that there also be allowed to flow into said ditch
and to the domestic lateral of petitioner Annie Otten, therefrom fie --tenths
of a cubic foot of water per second of time, or 30 cubic feet per minute at
all times, for the use and benefit of petitioner Annie Otten for domestic purposes,
such right for both irrigation and domestic purposes being No. 144 in said decree,
relating back to and dating front April ytb, sox o.
It is further Ordered, Adjudgcd and Decreed by the Court, that there
be allowed to flow into said Otters Ditch No. s, for irrigation purposes, during
the irrigating season and for the use and benefit of the petitioner, J. E. Often
two-tenths ofcubic foot of water per second, or 12 cubic feet per minute,
absolutely, which amount shall be increased from time to time up to one cubic
foot per second or 6o cubic feet per minute, as the petitioner, J. r•.. Oven shall,
with reasonable diligence, bring additional of his said lands under cultivation
and irrigation with said waters up ,to 5o acres; and that there also be allowed to
flow into said ditch and into the domestic lateral tberefrons of the petitioner, J. E.
(filen five -tenths of a cubic foot of water per second, or ,Io cubic feet per minute,
at all times, for domestic purposes and for the use and benefit of petitioner,
J. I:. Often, such right for both irrigation nd domestic purposes being Na.
144 in said decrees, relating back to and dating from April 7, 1910. -
It is further Ordered. Adjudged and Decreed by the Court, that this
decree' be taken and held subject to the general provisions contained in decree
entered in this Court, on May 5, 1888, in Cause No. 8g, adjudicating water rights
generally throughout said Water District No. 45.
It is further Ordered, Adjudged and Decreed by the Court, that petitioners
pay the costs of this proceeding to be taxed.
Done in open Court,
' By the Court.
JOHN T. SHUMATE, Judge.
DOMESTIC PRIORITY NO. 1 A
1111N'l'EIt AND GAN'(' DITCH
Now on this ,801 day of August, A. D. 1906, the same being one of
the regular juridical days of the November, A. D. 7905 term of said Court,
the above' entitled' matter coming on to be heard by the Court, and the petitioners
appearing in person and by Charles F. Caswell, Esq., their attorney, and the
• respondent, Jonathan Gan,, appearing in person and by Edward 1'. Taylor, Esq.,
.1
225
his attorney, and the Court (raving heard the testimony and being now fully
advised in the premises, doth find:
First: That the said petitioners, Coston and Selby are the owners
jointly inter alia, of the S.3 N.L1.- and S.E.! N.W.I. and L3 S.W-1, and 5.E.1.
of Sec. s4; that the petitioner Stephens is the owner of the S.W.1 N.W.1,
S.W_1 S.W.1. Sec. 14, and the N.W.1 N.W.1. Sc 23,
i , T. y and e R.98 Sec._
22, and E-3 S.E.1, and S.E.1 N.E.1, Sec. 15, all
6th P. M., in said County and State, in Water District No. 45, and adjacent to
the West Fork of Mamm Creek; and that the said petitioners are the sole
claimants to the Hunter and Gant Ditch, which is numbered x8, with Priority
No. 22, in the decrees of this Court for said water district.
Second: ' That ever since the original construction of said Hunter
and Gant Ditch, which was commenced on the 26th day of April, A. D. 1884,
the said petitioners and their grantors have used the said waters of said creek
for stock and other domestic purposes, and are entitled to an .appropriation of
such an amount of the waters of said creek as may be necessary for their
seasonable use and the -needs for said purposes, to be taken and used either
directly from the stream or through said ditch in such manner as may be most
rconomical and necessary for the conservation of the waters of said stream
and prevent waste, and at the sametime protect their rights to such use:
and which use shall be subject to the supervision and control of the Water
Commissioner of said water district, as provided by law, when not used for ir-
rigation abet subject to prior decreed rights.
It is therefore Considered, Ordered, Adjudged and Decreed by the Court,
that the said petitioners be, and they are hereby granted Domestic Priority
Right Number s A in said Water District No. 45 as of the said 26th day of
April, A. D. 1884, and they and their heirs and assigns are hereby awarded
a domestic priority right to a sufficient quantity of the waters of said West
Fork of ?lamer Creek for their stock and general domestic use to be taken and
used either in said stream or through the said Hunter and Gant Ditch in such
martinet and at such times and in such an amount as may be reasonably necessary
without waste. and that such use shall at all times be subject to the supervision
and control of the Water Commissioner of said water district as orovided by
law.
It is further Ordered and Adjudged that these findings and this decree
shall be subject to all prior vested decreed rights, if any, from said stream as
I.rovidcd by law.
It is further Ordered that the petitioners herein pay the costs of .this
proceeding.
JOHN T. SHUMATE, Judge.
DOMESTIC PRIORITY NO. 1
I3ATTLEMENT DITCH
Now on this loth day of March, A. D. 1904, the same being one of
the regular juridical days of the November, A. D. 19o3, term of said Court,
the above entitled matter coming on to be heard by the Court, and the petitioners
appearing by Edward T. Taylor, Esq., their attorney, and the respondents,
C. J. Pannenter, Mrs. Helen Stilwell. Mrs. Clara Wilkinson, A. C. Gunn,',
John D. Spencer, Frank Jones, Celia O'Toole, G. M. Siprelle, J. L. Underwood,
W. R. Vance, J. Foster Jenney, Richard Duplice, Ora E. Libby, J. P. Kerlce.
n. O. Gardner, Mrs. Belle Gardner and William Duplice, appearing. by answer
226
and pretest and by J. W. Dollison, Esq., their attorney, and it appearing to the
Court that due notice cf this proceeding has been regularly served upon the
/plowing mimed persons, to -wit: Thomas Clark, J. F. Jenney, Frank Jones,
C. M. Siprelle, J. D. Spencer, J. N. U. Underwood, Jesse Kerlee, O. Libby,
J. B. Ilirihv:l, C. W. Vaughn, Inez Good, Helen Stilwell, Clara Wi.kerson,
Werhenig, Richard Duplice, William Duplice, George Par.-nenter. A.
• . Gunn, A. Doby, Belle Gardner, Walter Vance. Minnie Hazwood. R•:bert
Fitzsimmons, W. S. Parkison, Mrs. Lucy DeWitt and The Logan Investment
Company, a corporation, and it further appearing to the Court that said persons
are all who are interested adversely or entitled to notice of this proceeding, and
the Court having heard the testimony and the arguments of counsel, and being
now fully advised in the premises, doth find:
First: That the petitioners herein are jointly the owners of the Battle-
ment Ditch, which ditch is No. a1, in the decrees of this Court for Water
District No. 45, and which said ditch is used for the irrigation of the .lands
of said petitioners lying therunder; thatsaid petitioners have no other source
of supply of water for domestic, household, stock and other purposes than the
waters of Battlement Creek taken through said ditch ; that their use and the use
of their grantors of said waters through said ditch for said purposes was
commenced at the time of the commencement of the construction of said ditch.
bine 11. A. D. 1884.and has been continuous and uninterrupted ever
since
hitherto, and the said petitioners are now so using the same; that during the i-rigation season, beginning about the first day of April of each year and extending
until some tune in the month of October of the same year, said petitioners
have used such amount as was necessary of the waters of said ditch for said
domestic, stock and household purposes out of the amount decreed to said ditch
for irrigation purposes ; and that during the remainder of the time from the
close of the irrigation season in one year to the commencement of the irrigation
season of the year following, the said owners of said ditch have at all times
maintained a flow therein, ranging from yo to too cubic feet of water per min-
ute of time.
Second : That the length and character of said ditch and the needs of
said petitioners and the use heretofore and at present being made by them of
said waters for such domestic, stock and household purposes, they are entitled
to an aggregate appropriation • of yo cubic feet of waterper minute of time
from the close of the irrigation season of each year to the beginning of the
irrigation season of the next year for such household, stock and other domestic
purposes, of which amount to cubic feet of water per minute of time should be
awarded to the petitioner James V. Clem, and the remainder thereof divided
equally between petitioners, The kforrsania Fruit and Land Company and
15d,nnd F. Complicit.; and that saidappropriationn entitled to domestic
I'riority No. t in said \Voter District No. 45, as of thesaid lath day of June,
A. D. 1884.
It is therefore, Considered, Ordered, Adjudged and Decreed by the Court,
that the said appropriation of water to said Battlement Ditch be and the same
is hereby given domestic Priority No. 1 in said Water District No. 4s; and that
there he allowed to flow into said ditch from . the close of the
irrigation season in each year to the commencement of the irrigation season
in the next year, for household, stock and other domestic purposes, for the
use and benefit of the said petitioners, their heirs, successors and assigns, an
aggregate amount of yo cubic feet of water per minute of time, of which amount
to cubic feet of water per minute of time is awarded to petitioner James V. Clem,
his heirs and assigns, and the remainderthereof be and the same hereby •is
equally divided between the said petitioners, The Morrisania Fruit and Land Company
and Edmund F. Campbell, their heirs, successors and assigns.
JOHN T. SHU\MATE, Judge.
227
DOMESTIC PRIORITY NO. 2
HARDING AND SIMERL DITCH
DOMESTIC PRIORITY NO. 6
HOLMES DITCH
Now on this izth day of November, .i D. 1903, 111e same being
one of the regular juridical days of the November, A. D. 1903 term of said
Court, the above entitled matter coming on to be heard by the Court, and
the petitioners appearing in person and by Edward T. Taylor, Esq., their attorney,
and it appearing to the Court that due notice of this proceeding has been
•
regularly setved upon Mrs. Nettie Schultz, Ashby Corley, Rudolph Anderson.
Jacob Evans, Charles Evans, George N. Kirkpatrick, Josiah Fuller, A. Anderson.
George W. Wightman, W. H. Davis, the heirs of J. 13. Frcy, 13. Staton, Ira
Cisna, W. 1f. Wilkison, H. H. Graves, C. M. Rulison, Willis Kissee, J. C. Page,
Daniel Riley, and John O'Brien. and it further appearing 'to the Court that
said persons arc all that are interested adversely or entitled to notice of this.
proceeding, and the Court having heard the testimony and the arguments of
counsel, and being now fully advised in the premises, doth find:
First: That the petitioners Jefferson Corley and Otto Hannewald are
the owners of the original construction and the first two enlargements of the
Harding and Simerl Ditch, which is No. 22, with Priorities Nos. 27, 61 and 69,
respectively, for irrigation purposes, in the general decree of this Court, made
and entered on the 5th day of May, A. D. 1888• in and for said. Water District
No. 45; that the said petitioners have ever since the original construction of
said ditch used and had no other source of supply of water for domestic purposes
than the waters of Cache Creek taken through said ditch', and that their use
of said waters through and from 'said ditch. for their stock and for household and
domestic purposes has been continuous, and their priority right thereto. is entitled to
date from and be numbered as of the aoth day of November, A. D. 1884, the date
of the commencement of the original construction of said ditch; and that the said
last named petitioners, their heirs and assigns, are entitled to have a sufficient
quantity of water turned into said ditch at all times between the first day of
October and the first day of May of the following year to supply at their
respective residences such amount of running fresh water as Is reasonably neces-
sary to supply their domestic needs and which amount is at this time estimated
to be so cubic feet of water per minute of time.
Second: That the petitioners 1E. A. Conley,George Douglas, Philip
Younger and Martin Paulson are the owners of the original construction and
the First Enlargement of the Holmes Ditch. which Ditch is No. a5.- with
Priorities Nos. 35 and 5y, respectively, for irrigation purposes, in the said general
decree of this Court; that the said petitioners and their grantors have ever since
the original construction of said ditch had no other source of taken throughlywater
er
for domestic purposes than the waters of said Cache Creek,
ditch, and have used said waters through and from said ditch for their stock.
for household and domestic purposes during all of said time continuously, and
their priority rights to water from said creek for said purposes are entitled to
date from the second day of August, A. D. 1885, the date of the commencement
of the original construction of said ditch and be given priority number accord-
ingly in said Water District ; that the said last named petitioners, their heirs
and assigns, are entitled to have a sufficient amount of water turned into said
ditch at all times between the first of October in each year and the first day
of May in the following year, tosupply, at their respective residences, such
amount of running fresh water as is reasonably necessary to supply their
244
And it is further Ordered Adjudged and Decreed, that each and all of
the said owners of said ditch, their agents, servants, employees and assigns are
perpetually enjoined and restrained in respect to each other from taking or using
water through said ditch, otherwise than `in the order, ratio and amounts hereby
determined.
It is further Ordered, that the costs and expenses of this proceeding
shall be bourne by the parties in the ratio of their said ownership in said ditch.
THOMAS A. RUCICER, Judge.
STATE OF COLORADO, 1
County of Garfield.
In the District Court
In the matter of the application of the Morrisania
Fruit 1 and Land Company, a corporation, Ed-
mund P. Campbell and James V. Clem to make
more specific the Decree of this IIonorable Court
in relation to the Battlement Ditch, No. 21, in
Water District No. 45.
•
Now on this ids day 'of July, A. D. 1902, the same being one of the
. regular juridical days of the November, A. D. 1901 term of said Court, the above
entitled natter coming on to be heard by the Court and the petitioner The
Dforrisnria Fruit and Land Company appearing by P. Randolph Morris, its Pres-
ident, and all of said peti tioncra appearing by Edward T. Taylor, Esq., their
attorney, and it appearing to the Court that said petitioners are the sole owners of
the Battlement Ditch, which is No. 21 in the decree of this Court in and for
said Water District No. 45; and that no other parties are interested adversely
or entitled to notice of this proceeding, and the Court having heard the evidence
.and the arguments of counsel, and being now fully advised in the premises, doth
find:
No. 981
FINDINGS AND
DECREE
First: That the petitioner, The Morrisania Fruit and Land Company, a
corporation, is the owner, inter alia, of S.E.i, SA N.E.I. S.E.3 N.W.3, NAVA
N.E.S, N.E.S NAVA, Scc 10; S.W.3 of N.W.3, Sec 1 ; and EA S.W.3, \V.3 S.EL.
Scc. 3, T. 7 S., R. 95 W. 6tli P. M., containing 56o acres more or less -s; and that
petitinncr Campbell 1s the owner of the I;.1 S.\\43, N.W.1 S. W.5. Sec.
N.E.3 S. E.3, Scc. 3, S.W.S SAV., Scc. 2, S.E.3 S.E.S. Sec 3, N.W.3 N.W.I.
See. n, and N.E.S N.E.1, Sec. 1o, T. 7 S., R. 95 W. 6th P. M., containing
320 acres more or less, and petitioner Clem is the owner of the N. E.3 N.W.I.
N.1 N.E.3, S. N.E.i. Sec. 15, 'I'. 7 S., R. 95 W., containing 160 acres more
or less, all of which said land is situated upon or adjacent to Battlement Creek
n Water District No. 45, said County and State, and is subject in great part and
is being irrigated by'nd through the said Battlement Ditch, which No. 21
r the decree of this Court rade and entered on the fifth day of May, A. D.
1884, •'in the matter of the adjudication of the priority of rights to the use of
seat er for irrigation in Water District No. 45." That the said petitioners arc
jointly the owners of said ditch, their respective interests being more fully set
forthhand by the said original decree of this Court, the original interest be-
longing to George D. Derbyshire, being now
represented by the petitioner Clem;
the original interest of John B. Carey andP. Randolph Morris being now rep-
resented by the petitioner, The Morrisania Fruit and Land Company, and
the said last named petitioner's interest therein being also further represented
249
also that there night be adjudicated by a separate decree to the Boulton and
Manta Ditch, No. zo in the decrees of this Courtfor said s iat UelWa1Chalf rrrg District
t Nc.
45, an additional amount of water as the proofs
h
ant,
from Mamm Creek, all subject to this decree and based upon petitions as filed
herein and considered to be amended as aforesaid. and the
And thereupon comes the testimony and argument of counsel,
Court being now well advised in the premises, doth find:
That the waste, escapage and seepage waters coming down to and into
the bed of Mamm Creek, or which may hereafter come down to and into the
bed of said creek, from the lands hereinafter described, are properly speaking
and should be considered as waters of said creek and not subject to appropriation
by others an waste, escapage or seepage waters, and that all of said waters so
reaching thebed of said creek, goes into and becomes a part of, and has heretofore
been utilized as a parcel of the waters making up the priority rights heretofore
adjudicated to the various ditches hereinafter named, taking water from said
Mamm Creek for irrigation and domestic purposes:
That the lands hereinabove referred to are Lot 2, S.W.3 ; W.1 S.E.3,
Sec. 5, E.1 Sec. 7, W.1 S.E.5 and W.1 N.E.3, Sec. 8; E.1 N.W'.3 and N.E.S
S.\\'.1, Sec. 17; N.1 Sec. ,8; E.1 S.W.3'and S.L•.S N.W.3, Sec. 20; \V3 S.W.3,
Sec. 2'; W.1 N$3 and W.1 S.E.S. Sec. 30; N.W.3 NAVA and N.E3 N.E.I.
Sec. 29; N.\V.3 and 'N.3 S.W.3. Sec. 28; N.W.S and W.1 N.E.3. Sec. 31 ; SA
Sec. 32 all in T. 7 S., R. 92 W. 6511 P. M..• and that the ditches with their
priority rights hereinabove referred to, 'are the Mamm Creek Ditch No, 54, with
water Priorities Nos. 57 and Sr, and 75. the Upper Mamm Creek Ditch No. lo.
with Priority No. 40, The Sliding Ditch No. 39, with Priorities Nos. 5o and
8,
and the Boulton and Banta Ditch No. 20, with Priorities Nos. 24 and 79, all
as specified and designated in' the decree of this Court entered on May 5, 1888,
in Cause No. 89, in connection with the general adjudication of priority rights
throughout said Water District No. 45; that the use of waste, seepage and escapage
waters before it reaches the bed of said Mamm Creek should he entitled to the un-
restricted use of the petitioners who hereinafter in this decree are to be considered
the original petitioner as well as all of the respondents to said petition above named
who have entered their appearance herein, upon lands owned by them respectively
or which they are at this time claiming under any of the land laws of the United
States, but without right'l them to sell, lease, convey or transfer to 'others
except in connection with their said land, such use.
It is therefore Ordered, Adjudged and Decreed by the Court, that all
of the. eepage, escapage and waste waters which now or
may hereafter reach
the bedof Mamm Creek from and off of the lands hereinabove described, are a
part and parcel of the waters of said Mamm Creek and subject to appropriation
oonly ascuch, and subject to appropriation as waste, escapage or seepage waters.
and that all of said waters so reaching the bed of said creek at this or any future
time, enter into and form a part of the priority rights to the use of water hereto-
fore adjudicated in this Court to the various ditches taking water from Mamm
Creek. to -wit : The Mamm Creek Ditch No. 14 in the Decrees of this Court
which is entitled to Priority Rights Nos. 17, 51, and. 75. the Boulton and Banta
Ditch No. 20, which is entitled to Priorities Nos. 24 and 29, the Upper Mama
Creek Ditch No. 30, which is entitled to Priority No. 4o, and the Sliding Ditch
No. 39, which is entitled to Priorities Nos. 5o and 78, all in said Water District
No. 45.
It is further Ordered, Considered. Adjudged and Decreed by the Court,
that the entry of this decree shall in no wise adversely affect any one or more
of said priority rights, and that no one or more of the petitioners herein shall
in any manner be restricted in the use of any of the waste, escapage or seepage
waters from the lands hereinabove described or from the lands owned or claimed
by them respectively before the same reaches the bed of said creek, for irrigation
•
it
250
or domestic purposes, upon any of the landr
ned claimed by the
respondents or any of them. and that they may increase suchtheir present use
thereof as their future needs may require, provided, only that no one or more
of the respondents will be permitted to sell, lease, transfer or convey to others,
any of the said waters except in connection with such their lands either owned
or claimed by them, and that for such use any remainder of such waters shall
be permitted to (low down into said Mamm Creek and become a part and
parcel thereof as aforesaid.
It is further Ordered, Considered, Adjudged and Decreed by the Court,
that the petitioners herein pay the costs in equal amounts, that said petitioners
White and White being considered one person, such costs to be taxed by the
Clerk of this Court. -
Done in open Court,
By the Court.
JOHN T. SHUMATE.. Judge.
251
STATE OF COLORADO,'
} 88.
County of Garfield. J
I, Chas. H. King, Clerk of the District Court, within and for the
County of Garfield, State aforesaid, do hereby certify that the fore-
going decrees constitute and are copies of all and several those
decrees made and entered in this Court subsequent to May 4th,
A. D. 1888 and prior to January 1st, A. D. 1911, adjudicating the
priority of water rights in and for Nater District No. 45.
And I further certify that the foregoing findings, decrees and
Judgments are full, complete and true copies of such as they
purport to be, save and except in one particular only, viz: that the
venue, Court and title has been omitted from the major portion
thereof for the sake of brevity.
Witness my hand and the Seal of the said Court this 12th
day of January, A. D. 1911..
STATE OF COLORADO, )
ss.
COUNT'! OP GARPIE^LD. )
IN THE DISThIC'T COURT.
In the matter of the application of )
the Morrisania Water Supply Company, )
a corporation, and John Clem and
James Clem, to change the point of )
diversion of Priority No. 81 from
the headgate of The Cedar Grove Ditch )
No. 54 to the headgate of The Battle- )
Tent Ditch No. 21, both said ditches )
being taken from Battlement Creek, for)
irrigation, and all in Water District )
No. 45.
FIiiDINGS AND DECREE.
On this Eighth day of November, A. D. 1920, the above
entitled :natter coming on regularly to be heard by the Court,
upon the application of the said petitioner to change the
point of diversion of Priority No. 81 for 180 cubic feet of
water per minute of time, heretofore decreed to the Cedar
Grove Ditch Ito. 54 taken from Battlement Creek in Water Dis-
trict No. 45; and the petitioner appearing by J. S. Mules its
“.ianager, and by Charles W. Taylor, its attorney, and it appear-
ing to the Court, that due notice of this proceeding has been
regularly given by publication and posting of notice hereof
inaccordance with the order of the Court herein and as the
law provides; and no one appearing in opposition to said
application by protest or otherwise; and the Court having
heard the testimony on behalf of the petitioner, and being
now sufficiently advised in the premises, doth find:
That the petitioner is the claimant of The Cedar Grove
Ditch No. 54, with Priority No. 81 in Water District No. 45;
625
said priority calling for 180 cubic feet of water per minute
of time, for irrigation purposes; that said change of point
of diversion of said Priority No. 81 as prayed for, will not
in any manner injuriously effect the irrigation rights of
others taking water from said Battlement Creek; that the change
of point of diversion of 180 cubic feet of water per minute
of time from the headgate of said Cedar Grove Ditch on said
Battlement Creek, up said Creek to the headgate of the Battle-
ment Ditch, with right to use said amount of water through
said Battlement Ditch, as prayed for, should be allowed, and
as of the date of said Priority Ne. 81.
IT IS Tl4EEFORE CONSIDER&D, OhD.'..P.D, ADJUDGED AED
DEC3d3D BY THE COURT: That said petitioner, and its success-
ors or assigns, be, and it is hereby granted a right to change
the point of diversion of Priority ilo. 81 for 180 cubic feet
of water per minute of time from Battlement Creek, from the
headgate of the said Cedar Grove Ditch up Battlement Creek
to the headgate of the Battlement Ditch No. 21, from said creek,
with right to use said amount of water thereafter through
the said Battlement Ditch for irrigation.
IT IS FURTHER ORD.:itr:D: That the petitioner herein pay /
the costs of this proceeding. /
John T. Shumate, Judge.
State of Colorado, )ss
County of Garfield.)
I, Chas. H. King, Clerk of the
District Court, within and for the County and State afore-
said do, hereby certify that the above and foregoing is
a full, true and correct copy of that certain decree entered
of record in this Court on the Eighth day of November, A. D.
1920 in the'above entitled cause.
?fitness, my hand and the Seal of the said Court this
8th day of March, A. D. 1921.
>i
of tjte 4 flW act Court.
' 626
STATE:OF COLORADO,
e
COUNTY OF GARPIi:LD. a. IN THE DISMIGT COURT.
20 Oa 7
In the matter of, the adjudication of the
priority of rights to the use of water for ))
irrigation, in Water District No. 45,
and
In the matter of the application of Tho
Morrisania Water Supply Company and John
Clem and James Clem, for a decree making ab-
solute the conditional portion of the decree
of said Court entered May 5, 1888; on the
Battlement Duch No. 21, adjudicating water
thereto from Battlement Creek, for irrigation,
Priority No. 25 for 100 oubio feet per minute
and dating from June 12, 1084 and Priority
No. 53 for 400 cubic feet per minute and dat-
ing from June 1,11885 and Priority No. 85 for
200 cubic feet per minute and dating from
July 21, 1887; also upon The CedarGrove__Dttoh
No. 54, adjudicating water thereto from Battle-
ment Creek, for irrigation, Priority No. 81
for 180 cubic feet per minute and dating from
June 8, 1887, all in Water District lio.'45.
FINDINGS AND DECREE.
11ow on this 8th day of December, A. D. 1919, the above
entitled matter coming on to be heard by the Caurt, the same
having been regularly continued to this date; the petitioner,
The Morrisania 'dater Supply Company, appearing by its manager
and agent, and the petitioners, John Clem and James Clem,
appearing in person; said petitioners also appearing by Edward
T. Taylor and Charles W. Taylor, their attorneys; and it appear-
ing to the Court that due notice of this proceeding has been
regularly given by publication and posting of notice in accord-
ance with the order of the Court herein, and as the law provides;
and the Court having heard the testimony of the petitioners, and
being now fully advised in the premises, doth find:
That in and by a decree of this Court, made and entered
May 5, A. D. 1888, the said The Battlement Ditch was given No,
21 with Priorities Nos. 25, 33 and 86, said priorities being for
590
100 cubic feet of water per minute, 400 cubic feet of water per
minute and 200 cubic feet of water por minute of time, respective-
ly, dating from June 12, 1884, June 1, 1885 and July 21, 1887, re-
spectively, all for irrigation, and all taken from Battlement
Creek in Water District No. 45; also, that in and by said decree
the said The Cedar Grove Ditch was given No. 54 with Priority
No. 81 for 180 cubic feet of water per minute of time for irri-
gation, from Battlement Creek, and dating from June 8, 1887, all
in Water District Do. 45. That on t e said The Battlement Ditch,
the said priorities therein so established by said decree, wore
absolutely determined; that at the date of said decree, 105
acres of land under said ditch had been irrigated thoreby and
125 cubic feet of water per minute of time had been beneficially
applied for irrigation; that of the aggregate of said priorities
in said ditch, 575 cubic foot of water per minute of time was
allowed conditionally upon the same being beneficially applied
for irrigation, at the established ratio and with reasonable
diligence; that on the said The Cedar Grove Ditch, the said
priority right therein, so established by said decree, was
absolutely detormined; that at the date of said decree the
water through said ditch had not been applied for irrigation,
and the whole of the said Priority Ito. 81, for 180 cubic fent
of water per minute of time, was, by said decree, allowed con-
ditionally upon the same being beneficially applied for irri-
gation, at the established ratio and with reasonable diligence.
That there is now 885 acres irrigated under said ditches; that
tho said petitioners, or grantors, have, since the entry of
said decree, through said ditches, Thom said creek, without
interruption, objection or protest from anyone, and with reason-
able diligence at the established ratio and in full compliance
with the terms and conditions of said decree, made further
591
beneficial application for irrigation of the full amount of
water so conditionally allowed to said ditches and their said
respective priorities as established by said decree; that said
decree as to each of said ditches and their said respective
priorities should therefore, upon such further benefioial appli-
cation for irrigation, be made absolute and unconditional and
as of the date thereof, as established by said decree; that
this decree should be held as supplemental to the said deoree
of this Court on each of said ditches entered Nay 5, A. D.
1088, in Cause No, 89, and in and for Water Distriot No. 45;
and this deoree shiould be taken in connection therewith and as
a part thereof, That the capacity of oaoh of said ditches were
and aro sufficient to carry all the water thertofore decreed
thereto and hereby allowed.
IT I8 THEREFORE CORSIDERED, ORDi, gD, ADJUDGED AND DECREED
BY THE COURT: That since the entry of the decree of this Court
on May 5, A. D. 1888. the amount of water conditionally allowed
to said Priorities Ros, 26, 33 and 85, in The Battlement Ditch
1:0. 21, in said Water District No. 45, has, for irrigation,
from Battlement Creek, in the aggregate and to the extent of
said appropriations, at the established ratio and with reason-
able diligence, and in compliance with the terms and conditions
of said dooree, been beneficially applied for irrigation; that
to the extent of said appropriations as established by said
decree upon the further beneficial applioation for irrigation,
are, as to oaoh of said priorities, hereby made absolute and
unconditional and as of the date thereof established by said
decree.
IT IS EURPiu:ii COUSIDa, D, ORDERED, AD:TUDGED ARD DECREED
BY TiEE COURT: That since the entry of said decree on May 5, 1888,
the 188 cubic foot of water per minute of time conditionally
592
allowed by said docroe to the said The Coder Grove Ditch
No. 4, Priority No. 61, in said Water District, has, from
said creek, to the extent of said appropriation, at the es-
tablished ratio and with reasonable diligence, and in compli-
ance with the terms and conditions of said decree, been bene-
ficially applied for irrigation; and to the extent of said
appropriation as established by said docreo, upon suoh further
beneficial application for irrigation, is hereby made absolute and
unconditional, and as of the date thereof osbablished by said
decree.
IT 15 JUi•Tll3R SuiSID.i.aD, URLZ.AD, ADJUDGED AILD DEChEED
BY 4P:2 CUUhT: That these findings and this decree shall be
subject to the same conditions and provisions as aro contained
in tho general decree of this Court made and entered on May 5,
A. D. 1888, in and for said Wator District No. 45; except,
that the use of water from said crook, through both of said
ditches, and their said respective priorities, for irrigation,
to the extent of the amount of said appropriations, through
said ditches, is hereby granted as aforesaid and made absolute
and unconditional; and this decree is hereby rade supplemental
to the decree of said Court entered May 5, A. D. 1888, in said
Cause No. 89, on the said The Battlement Ditch and the said
The Cedar Grave Ditoh, in water District 11o. 45, and thio decree
shall be considered and taken as a part thereof. V
IT IS PURT;lr3i ChDEhc.D BY TILJi' COURT; That the petition-
ers herein pay the coats of this proceeding.
John T. Shumate, Judge.
593
r.
State of Colorado,
90.
County of Garfield.
1, Chas. H. King, Clerk of the District
Court, within and for the County of Garfield and State of Colo-
rado do, hereby certify, that the above and foregoing is a full,
true and complete oopy of the findings and decree entered of
reward in Cause llo. 2067 in this Court, on the 8th day of
Docebor G. D. 1919.
WIThESS my hand and the Seal of tho said Court this
10th day of February A. D. 1920.
r 594
Special Use Permit Applictaion of Guy and Roberta Botkin for Accessory Dwelling Unit
2943 CR 301, Parachute, CO 81635; Tract 41, Morrisania Ranch
Ex. 2. C. Waste water treatment plan
The Accessory Dwelling Unit will be a single-family residence with estimated water use
of 350 gallons per day. Waste water to be treated by ISDS, sized in accordance with percolation
tests to be performed at time of application for building permit. There are many single-family
homes in the area with ISDS systems, which appear to function appropriately in this area.
515.6'
County Road 30
DETAILED SITE PLAN
Scale: Approx. 1" = 50'
13.54 Acres
County Rood 301
OVERALL SITE PLAN
Scale: Approx. 1" = 100'
77-1 Juanita Satterfield
at.. May 1, 2000
S"°" As Noted
BOTKIN PROPERTY SITE PLAN
2943 County Rd. 301
GARFIELD COUNTY, COLORADO
Rural Agriculture
2407-033-102-014
r--77 l:
oi 1.77, 777
2-77 v�n
,>
22
d<' e
r
vER'�
;o �t _
•
70
200
4372
2'30" --a°
h
—Tl
4370
j3o`ti<', S o f
a/CIA) /1/ fl?af
/0 ritaa
4359
Special Use Permit
Application
Accessory Dwelling Unit
APPLICANT: Guy R. and Roberta J. Botkin
2943 Morrisania Road
Parachute, CO 81635
PROPERTY LOCATION: DESC TR 41 dated 10-07-1995
Book 0935 Page 0435
ADJACENT PROPERTY OWNERS LIST:
2407-033-00-007 Libby, Lester & Olive J. Family Trust 3/8
& Charlene M. Miller 1/8
5082 Live Oak Blvd.
Live Oak, CA 95953-907
2407-102-00-013 Glen W. St.John
ATTN: Glen G. Nelson
143 County Road 337
Parachute, CO 81635
2407-102-00-017 Moore Family Trust , dated 08-07-96
75 County Road 301
Parachute, CO 8635
2407-102-00-018
2407-102-00-044
Craig L. Hayward &
Cristy A. Koeneke 1/2
Mesa Acres, Inc. 1/2
1650 38th Street, Suite 101
Boulder, CO 80301
Jack T. Evans Jr.
P. O. Box 475
Parachute, CO 81635
EXHIBIT 5
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ALTA OWNER'S POLICY - 10-17-92
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE 8 AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not
exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land,
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Stewart Title Guaranty'Compahy has caused this policy to be signed and sealed by its
duly authorized officers as of the date of Policy shown in Schedule A.
STEWART `TITLE
GUARANTY COMPANY
yayr ofthhe�e Boa
61 keit 6�
Presi ent
Authorized Signatory
Company
City, State
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses
which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected
on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage
any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
b not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
resulting in no loss or damage to the insured claimant;
attaching or created subsequent to Date of Policy; or
resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results
from the failure:
i) to timely record the instrument of transfer; or
ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
4W � '�" sea N'0-9993- 488220
EXHIBIT 6
SCHEDULEA
ORDER NO.: 94023602 C-2 POLICY NO.: 0-9993-488220
DATE OF POLICY: March 28, 1995 at 3:42 P.M.
AMOUNT OF INSURANCE: $ 115,000.00
1. NAME OF INSURED:
GUY R. BOTKIN AND ROBERTA J. BOTKIN
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY
IS:
Fee Simple
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
GUY R. BOTKIN AND ROBERTA J. BOTKIN
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
All of Tract 41 of the Morrisania Ranch in Section 10, Township
7 South, Range 95 West of the 6th P.M., according to the Plat
thereof recorded as Document No. 195784 in the Office of the
Clerk and Recorder of Garfield County, Colo.,
EXCEPT the South 16 1/2 feet of said tract.
TOGETHER WITH The privilege of erecting on Tract numbered Fifty-four (54)
of the Morrisania Ranch, a cistern or reservoir for the supply
of water to said Tract No. 41, with the right of entry upon said
Tract No. 54 for purpose of erecting, conveying water to said
cistern and maintaining a cistern or reservoir and all pipe
lines leading to and from said cistern or reservoir, and to run
pipeline therefrom across said Tract No. 54 to said Tract No.
41; the agreed space on said Tract No. 54 for said cistern or
reservoir being at a point near the South line of said Tract 54
and East of the lateral ditch which extends from said South line
of said Tract 54 across said tract to said Tract No. 41.
COUNTY OF GARFIELD
STATE OF COLORADO
ed tkAt %vL‘IJ
AUTHORIZED
COUNTERSIGNATURE
SCHEDULEB
POLICY NO.: 0-9993-488220
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY
WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY
REASON OF:
1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE
PUBLIC RECORDS.
2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC
RECORDS.
3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN 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.
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.
5. WATER RIGHTS, CLAIMS OR TITLE TO WATER.
6. Taxes for the year 1995, a lien not yet due and payable.
7. The effect of inclusions in any general or specific water
conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street improvement
area.
8. 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, as reserved in United
States Patent recorded May 9, 1892 in Book 12 at Page 147.
9. Rights of way for the following ditches insofar as they may
affect subject property
a. Battlement Ditch, Number 21, Number 25, Number 33 and
Number 85.
b. Cedar Grove Ditch, Number 54 and Number 81.
10. Terms, conditions and provisions of Resolution No. 87-91
recorded September 22, 1987 in Book 721 at Page 292 as Reception
No. 386052.
11. Deed of Trust from Guy R. Botkin and Roberta J. Botkin to the
Public Trustee of Garfield County, for the use of National
Mortgage Corporation, a Colorado corporation to secure
$92,000.00, dated March 24, 1995, recorded March 24, 1995, in
Continued on next page
ATTACHED TO AND MADE A PART OF
STEWART TITLE GUARANTY COMPANY POLICY NO.: 0-9993-488220
CONTINUATION OF SCHEDULE B
Book 935 at Page 437 as Reception No. 475989.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights or
defenses the Company would have had against the named insured, those who
succeed to the interest of the named insured by operation of law as distinguished from
purchase including, but not limited to, heirs, distributees, devisees, survivors, personal
representatives, next of kin, or corporate or fiduciary successors.
b "insured claimant": an insured claiming loss or damage.
c "knowledge" or "known": actual knowledge, not constructive knowledge or
notice which may be imputed to an insured by reason of the public records as defined
in this policy or any other records which impart constructive notice of matters affecting
the land.
ovements
affixed)Ihereto which land
law constiuterreferred to real property.nThe term "land"and
dos not include
any property beyond the lines of the area described or referred to in Schedule A, nor
any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys,
lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a
right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument
(f) "public records': records established under stale statutes at Date of Policy for the
purpose of imparting constructive notice of matters relating to real properly to
purchasers for value and without knowledge. With respect to Section 1(a)(1v) of the
Exclusions From Coverage, "public records" shall also include environmental protection
liens filed in the records of the clerk of the United States district court for the district in
which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter affecting the title to
the land, not excluded or excepted from coverage, which would entitle a purchaser of
the estate or interest described in Schedule A to be released from the obligation to
purchase by virtue of a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Dale of Policy in favor of
an insured only so long as the insured retains an estate or interest in the land, or holds
an indebtedness secured by a purchase money mortgage given by a purchaser from
the insured, or only so long as the insured shall have liability by reason of covenants of
warranty made by the insured in any transfer or conveyance of the estate or interest.
his policy shall not continue in force in favor of any purchaser from the insured of
either (I) an estate or interest in the land, or (ii) an indebtedness secured by a purchase
money oNmortgage
given OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of any litigation
as set forth in Section 4(a) below, Pi) in case knowledge shall come to an insured
hereunder of any claim of title or interest which is adverse to the title to the estate or
interest, as insured, and which might cause loss or damage for which the Company
may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is
rejected as unmarketable. If prompt notice shall not be given to the Company, then as
to the insured all liability of the Company shall terminate with regard to the matter or
mailers for which prompt notice is required; provided, however, that failure to notify the
Company shall in no case prejudice the rights of any insured under this policy unless
the Company shall be prejudiced by the failure and then only to the extent of the
prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT
TO COOPERATE,
(a) Upon written request by the insured and subject to the options contained in
Section 6 of these Conditions and Stipulations, the Company, at its own cost and
without unreasonable delay, shall provide for the defense of an insured in litigation in
which any third party asserts a claim adverse to the title or interest as insured, but only
as to those stated causes of action alleging a defect, hen or encumbrance or other
matter insured against by this policy. The Company shall have the right to select
counsel of its choice (subject to the right of the insured to object for reasonable cause)
to represent the insured as to those stated causes of action and shall not be liable for
and will not pay the fees of any other counsel. The Company will not pay any fees,
costs or expenses incurred by the insured in the defense of those causes of action
which allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and prosecute
any action or proceeding or to do any other act which in its.opinion may be necessary
desirable to establish the title to the estate or interest, as insured, or to prevent or
'uce loss or damage to the insured. The Company may take any appropriate action
under the terms of this policy, whether or not it shall be liable hereunder, and shall not
thereby concede liability or waive any provision of this policy. If the Company shall
exercise 1 rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense
as required or permitted by the provisions of this policy, the Company may pursue any
litigation to final determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense in the action or proceeding, and
all appeals therein, and permit the Company to use, at its option, the name of the
insured for this purpose. Whenever requested by the Company, the insured, at the
Company's expense, shall give the Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or defending the
action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the
opinion of the Company may be necessary or desirable to establish the title to the
estate or interest as insured. If the Company Is prejudiced by the failure of the insured
to furnish the required cooperation, the Company's obligations to the insured under the
policy shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage signed
and sworn to by the insured claimant shall be furnished to the Company within 90 days
after the insured claimant shall ascertain the facts giving rise to the loss or damage.
The proof of loss or damage shall describe the defect in, or lien or encumbrance on the
title, or other matter insured against by this policy which constitutes the basis of loss or
damage and shall state, to the extent possible, the basis of calculating the amount of
the loss or damage. If the Company is prejudiced by the failure of the insured claimant
to provide the required proof of loss or damage, the Company's obligations to the
insured under the policy shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter or matters requiring such
proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and places
as may be designated by any authorized representative of the Company, all records,
books, ledgers, checks, correspondence and memoranda, whether bearing a date
before or after Date of Policy, which reasonably pertain to the loss or damage. Further,
if requested by any authorized representative of the Company, the insured claimant
shall grant its permission, in writing, for any authorized representative of the Company
to examine, inspect and copy all records, books, ledgers, checks, correspondence and
memoranda in the custody or control of a third party, which reasonably pertain to the
loss or damage. All information designated as confidential by the insured claimant
provided to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable (judgment of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit for examination
under oath, produce other reasonably requested information or grant permission to
secure reasonably necessary information from pp
third parties as required in this
paragraph.OPTIONS terminate any claim.
TTIONSTO PAY OR OTHERWISECompanyf the SETTLE CLAIMS; TERMINATIONOF
LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy together
with any costs, attorneys fees and expenses incurred by the insured claimant, which
were authorized by the Company, up to the time of payment or tender of payment and
which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations to the
insured under this policy, other than to make the payment required, shall terminate,
including any liability or obligation to defend, prosecute, or continue any litigation, and
the policy shall be surrendered to the Company for cancellation. •
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With
the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is obligated to pay;
or
(0) to pay or otherwise settle with the insured claimant the loss or damage
provided or under this policy, together with any costs, attorneys' fees and expenses
incurred by the insured claimant which were authorized by the Company up to the time
of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(1) or (ill, the Company's obligations to the insured under this policy for
the claimed loss or damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend, prosecute or continue any
litigation.
(continued and concluded on fast page of This policy)
CONDITIONS AND STIPULATIONS Continued
(continued and concluded from reverse side of Policy Face)
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. (b) When liability and the extent of loss or damage has been definitely fixed in
This policy is a contract of indemnity against actual monetary loss or damage accordance with these Conditions and Stipulations, the loss or damage shall be
sustained or incurred by the insured claimant who has suffered loss or damage by payable within 30 days thereafter.
reason of matters insured against by this policy and only to the extent herein described. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The liability of the Company under this policy shall not exceed the least of: (a) The Company's Right of Subrogation.
(i) the Amount of Insurance stated in Schedule A; or, Whenever the Company shall have settled and paid a claim under this policy, all
(ii) the difference between the value of the insured estate or interest as right of subrogation shall vest in the Company unaffected by any act of the insured
insured and the value of the insured estate or interest subject to the defect, lien or claimant.
encumbrance insured against by this policy. The Company shall be subrogated to and be entitled to all rights and remedies
(b) In the event the Amount of Insurance stated in Schedule A at the Date of which the insured claimant would have had against any person or property in respect to
Policy is less than 80 percent of the value of the insured estate or interest or the full the claim had this policy not been issued. If requested by the Company, the insured
consideration paid for the land, whichever is less, or if subsequent to the Date of Policy claimant shall transfer to the Company all rights and remedies against any person or
and improvement is erected on the land which increases the value of the insured estate property necessary in order to perfect this right of subrogation. The insured claimant
or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, shall permit the Company to sue, compromise or settle in the name of the insured
then this Policy is subject to the following: claimant and to use the name of the insured claimant in any transaction or litigation
(i) where no subsequent improvement has been made, as to any partial involving these rights or remedies.
loss, the Company shall only pay the loss pro rata in the proportion that the amount of If a payment on account of a claim does not fully cover the loss of the insured
insurance at Date of Policy bears to the total value of the insured estate or interest at claimant, the Company shall be subrogated to these rights and remedies in the
Date of Policy; or proportion which the Company's payment bears to the whole amount of the loss.
(ii) where a subsequent improvement has been made, as to any partial Toss, If loss should result from any act of the insured claimant, as stated above, that act
the Company shall only pay the loss pro rata in the proportion that 120 percent of the shall not void this policy, but the Company, in that event, shall be required to pay only
Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance that part of any losses insured against by this policy which shall exceed the amount, if
stated in Schedule A and the amount expended for the improvement. any, lost to the Company by reason of the impairment by the insured claimant of the
The provisions of this paragraph shall not apply to costs, attorneys' lees and Company's right of subrogation.
expenses for which the Company is liable under this policy, and shall only apply to that (b) The Company's Rights Against Noninsured Obligors.
portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of The Company's right of subrogation against non-insured obligors shall exist and
Insurance stated in Schedule A. shall include, without limitation, the rights of the insured to indemnities, guaranties,
(c) The Company will pay only those costs, attorneys fees and expenses other policies of insurance or bonds, notwithstanding any terms or conditions contained
incurred in accordance with Section 4 of these Conditions and Stipulations. in those instruments which provide for subrogation rights by reason of this policy.
8. APPORTIONMENT. 14. ARBITRATION
If the land described in Schedule A consists of two or more parcels which are not Unless prohibited by applicable law, either the Company or the insured may
used as a single site, and a loss is established affecting one or more of the parcels but demand arbitration pursuant to the Title Insurance Arbitration Rules of the American
of all, the loss shall be computed and settled on a pro rata basis as if the amount of Arbitration Association. Arbitrable matters may include, but are not limited to, any
.,isurance under this policy was divided pro rata as to the value on Date of Policy of controversy or claim between the Company and the insured arising out of or relating to
each separate parcel to the whole, exclusive of any improvements made subsequent to this policy, any service of the Company in connection with its issuance or the breach of
Date of Policy, unless a liability or value has otherwise been agreed upon as to each a policy provision or other obligation. All arbitrable matters, when the Amount of
parcel by the Company and the insured at the time of the issuance of this policy and Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company
shown by an express statement or by an endorsement attached to this policy. or the insured. All arbitrable matters when the Amount of Insurance is in excess of
9. LIMITATION OF LIABILITY. $1,000,000 shall be arbitrated only when agreed to by both the Company and the
(a) If the Company establishes the title, or removes the alleged defect, lien or insured. Arbitration pursuant to this policy and under the Rules in effect on the date the
encumbrance, or cures the lack of a right of access to or from the land, or cures the demand for arbitration is made or, at the option of the insured, the Rules in effect at
claim of unmarketability of title, all as insured, in a reasonably diligent manner by any Date of Policy shall be binding upon the parties. The award may include attorneys'
method, including litigation and the completion of any appeals therefrom, it shall have fees only if the laws of the stale in which the land is located permit a court to award
fully performed its obligations with respect to that matter and shall not be liable for any attorneys' lees to a prevailing party. Judgment upon the award rendered by the
loss or damage caused thereby. Arbitrator(s) may be entered in any court having jurisdiction thereof.
(b) In the event of any litigation, including litigation by the Company or with the The law of the situs of the land shall apply to an arbitration under the Title
Company's consent, the Company shall have no liability for loss or damage until there Insurance Arbitration Rules.
has been a final determination by a court of competent jurisdiction, and disposition of A copy of the Rules may be obtained from the Company upon request.
all appeals therefrom, adverse to the title as insured. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(c) The Company shall not be liable for loss or damage to any insured for liability (a) This policy together with all endorsements, if any, attached hereto by the
voluntarily assumed by the insured in settling any claim or suit without the prior written Company is the entire policy and contract between the insured and the Company. In
consent of the Company. . interpreting any provision of this policy, this policy shall be construed as a whole.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. (b) Any claim of loss or damage, whether or not based on negligence, and which
All payments under this policy, except payments made for costs, attorneys' fees arises out of the status of the title to the estate or interest covered hereby or by any
and expenses, shall reduce the amount of the insurance pro tanto. action asserting such claim, shall be restricted to this policy.
11. LIABILITY NONCUMULATIVE. (c) No amendment of or endorsement to this policy can be made except by a
It is expressly understood that the amount of insurance under this policy shall be writing endorsed hereon or attached hereto signed by either the President, a Vice
reduced by any amount the Company may pay under any policy insuring a mortgage to President, the Secretary, an Assistant Secretary, or validating officer or authorized
which exception is taken in Schedule 8 or to which the insured has agreed, assumed, signatory of the Company.
or taken subject, or which is hereafter executed by an insured and which is a charge or 16. SEVERABILITY.
lien on the estate or interest described or referred to in Schedule A, and the amount so In the event any provision of the policy is held invalid or unenforceable under
paid shall be deemed a payment under this policy to the insured owner. applicable law, the policy shall be deemed not to include that provision and all other
12. PAYMENT OF LOSS. provisions shall remain in full force and effect.
(a) No payment shall be made without producing this policy for endorsement of 17. NOTICES, WHERE SENT.
ie payment unless the policy has been lost or destroyed, in which case proof of loss or All notices required to be given the Company and any statement in writing
destruction shall be furnished to the satisfaction of the Company. required to be furnished the Company shall include the number of this policy and shall
be addressed to the Company at P. 0. Box 2029, Houston, Texas 77252-2029.
STEWART TITLE
GUARANTY COMPANY
RECOGNIZED NATIO7LLY
AS BEING
SYNONYMOUS WITH
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DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Case No. 00 CW 54
RULING OF REFEREE
IN THE MATTER OF THE APPLICATION FOR SURFACE WATER RIGHTS, STORAGE
WATER RIGHTS, CHANGE OF WATER RIGHTS, AND PLAN FOR AUGMENTATION
OF:
GUY R. and ROBERTA J. BOTKIN, in GARFIELD COUNTY.
1. The above -entitled Application was filed on April 28, 2000, and was referred to the
undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water
Judge of said Court in accordance with Article 92 of Chapter 37, Colorado Revised Statutes
1973, known as The Water Right Determination and Administration Act of 1969.
2. And 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 of the Application does hereby make the following
determination and Ruling as the Referee in this matter, to wit:
3. The statements in the Application are true except as noted herein.
4. The names, address and telephone number of the Applicants are: Guy R. and Roberta J.
Botkin, 2943 CR 301, Parachute, CO 81635 (970-285-7912)
5. No Statements of Opposition have been filed and the time for filing such statements has
expired. A Report of the Division Engineer, Summary of Consultation was issued September
5, 2000. The concerns of the Division Engineer have been addressed in this Ruling.
6. Applicants therefor request that the following claims be approved by the Court:
r. UNDERGROUND WATER RIGHT BOTKIN WELL (Senior absolute)
7.1. Name(s) of well(s) and permit, registration, or denial number(s): Botkin Well. current
Permit No. 141925. New well permit will be applied for after augmentation pond is
O1/09/01: Page 1 of 9
District Court. Water Division No. 5, Case No. 2000CW054
Application of Botkin: 12/07/00; Page 2 of 9
constructed and 2nd residence to be constructed.
7.2. Legal description of each point of diversion: (include distance and bearing from
established section corner or quarter corner, or distances from section lines, and
indicate 1/41/4, section number, township, range and meridian; include map): Garfield
County, CO; 2943 CR 301, Parachute, CO 81635; NE1/4NW1/4, Sec. 10, T. 7 S., R. 95
E., 6th P.M.; 1200 feet from NORTH section line and 1780 feet from WEST section line,
located on Tract 41, Morrisania Ranch.
7.3. Source: (tributary and river): Surface alluvium, tributary to unnamed tributary to
Colorado River; Date of initiation of appropriation: June 30, 1986; How appropriation
was initiated: construction of well; Date water applied to beneficial use: June 30, 1986;
Amount claimed: 15gpm absolute, 0.390 acre feet per year diversion, 0.039 acre feet per
year depletion; If well is non -tributary: n/a; Proposed use: If irrigation, complete the
following.: n/a If non -irrigation, describe purpose fully: In-house domestic use for one
residence. Waste water disposal by on-site ISDS, tributary to well source of supply;
Name and address of owner of land on which points of diversion and place of use (s) is
(are) located: Applicants; Remarks: Well is an existing exempt household use only well
serving the existing residence on the parcel. Exempt use shall remain in effect until the
augmentation pond is constructed, the augmentation plan becomes effective with the
construction of a second dwelling unit on the parcel, and a new well permit is issued.
8. UNDERGROUND WATER RIGHT BOTKIN WELL ENLARGEMENT (Junior
conditional)
8.1. Names) of well(s) and permit, registration, or denial number(s): Botkin Well
Enlargement, current Permit No. 141925. New well permit will be applied for after
augmentation pond is constructed and 2"d residence to be constructed.
8.2. Legal descnption of each point of diversion: (include distance and bearing from
established section corner or quarter corner, or distances from section lines, and
indicate 1/41/4, section number, township, range and meridian; include map): Garfield
County, CO; 2943 CR 301, Parachute, CO 81635; NE1/4NW1/4, Sec. 10, T. 7 S.. R. 95
E., 6th P.M.; 1200 feet from NORTH section line and 1780 feet from WEST section line.
located on Tract 41, Morrisania Ranch.
8.3. Source: (tributary and river): Surface alluvium, tributary to unnamed tributary to
Colorado River; Date of initiation of appropriation: February 8. 2000; How
appropriation was initiated.: field investigation; Date water applied to beneficial use:
undetermined; Amount claimed: 15gpm conditional (the same 15gpm claimed for the
District Court. Water Division No. 5. Case No. 2000CW034
Application of Botkin; 12/07100: Page 3 of 9
original Botkin Well water right); 0.416 acre feet per year diversion, 0.065 acre feet per
year depletion; If well is non -tributary: n/a; Proposed use: If irrigation, complete the
following: n/a If non -irrigation, describe purpose fully: In-house domestic use for one
residence and watering of four head of livestock. Waste water disposal by on-site ISDS,
tributary to well source of supply; Name and address of owner of land on which points
of diversion and place of use(s) is (are) located: Applicants; Remarks: Well is an
existing exempt household use only well serving the existing residence on the parcel.
Exempt use shall remain in effect until the augmentation pond is constructed, the
augmentation plan becomes effective with the construction of a second dwelling unit on
the parcel, and a new well permit is issued.
9. WATER STORAGE RIGHT: BOTKIN POND
9.1. Name of Reservoir: Botkin Pond
9.2. Legal description: Location ofDam/Pond.: NE1/4NW1/4 of Sec. 10, T. 7 S., R. 95 W.,
6`h P.M.; 1585 feet from west section line and 1135 feet from north section line; If off -
channel: Pond to be filled from the Battlement Ditch, No. 21 in Water District No. 45,
Priority No. 25, decreed for 1.67 cfs, Adjudication Date of 5/5/1888, Appropriation
Date: 6/12/1884, Case No. 89. The Point of Diversion is on Battlement Creek in the
SE1/4 of Section 15.
9.3. Source: Battlement Ditch which diverts from Battlement Creek, tributary to the
Colorado River; Date of initiation of appropriation: February 8, 2000; How
appropriation was initiated: Field Inspection; Date water applied to beneficial use: n/a
conditional right; Amount claimed: in acre feet: 0.0865 acre feet (28,200 gallons) and to
fill and refill; If off -channel reservoir, rate of diversion in cfs for filing the reservoir:
0.022 cfs from the Battlement Ditch, per the Change of Water Right requested below
and ajunior fill right (Date initiated: 2/8/2000 by Field Inspections; conditional right) of
0.05 cfs from Battlement Ditch; Use: A. If irrigation: n/a B. If non -irrigation, describe
purpose fully: Storage, aesthetics and augmentation as set forth herein; Surface area of
high water line: 0.0265 acres (1156 sq. ft.); Maximum height of dam in feet: 6 feet;
Length of dam in feet: 20 feet; Total capacity of reservoir in acre feet:: 0.0865 acre feet
(28,200 gallons)Active capacity: 100% Dead Storage: 0.00%; Name and address of
owners of land on which structures for the water right is located: Applicants
10. APPLICATION FOR CHANGE OF WATER RIGHT: Battlement Ditch No. 21, Priority No.
25:
District Court, Water Division No. 5. Case No. 2000CW054
Application of Botkin; 12/07/00; Page 4 of 9
10.1. Decreed name of structure for which change is sought: Battlement Ditch No. 21, Water
District No. 45.
10.2. From previous Decree Date entered: 5/5/1888 Case No.: 89 Court: Garfield County
District Court; Decreed point of diversion: Battlement Creek in the SE1/4 of Sec. 15, T.
7 S., R. 95 W., 6th P.M.; Source: Battlement Creek; Appropriation Date: 6/12/1884
Amount: 1.67cfs; Historic Use: Irrigation of grass, alfalfa, and orchards. Net evapo-
transpiration irrigation requirements for subject lands are 1.92 acre-feet/acre;
10.3. Proposed change: Applicants own 13 shares of the 880 shares total in the Morrisania
Water Supply Company (MWSC). Applicants' shares equal 1.477% pro rata entitled of
the MWSC water rights, which include 1.25cfs of the above -identified right. The above -
identified right is the senior right on Battlement Creek and has historically been in
priority throughout the irrigation season. The historically irrigated area for these 13
shares is 12.10 acres. The Botkin prorata entitlement of water rights is 0.2031 cfs
resulting in a ration of 59.6 acres per cfs. The dry up proposed is 0.132 acres resulting in
a prorata change in water rights of 0.0022 cfs using an area per water right ratio of 1.0cfs
per 59.6 acres. Attached as Tables 2, 3, 4 and 5, are pro rata diversion records for the
Battlement Ditch No. 21, priority No. 25 and Battlement Ditch Domestic Right.
10.4. Construction of an additional home, driveway, and parking areas will result in the dry
up of 0.105 acres. Irrigation will also cease on the area occupied by the Botkin Pond
with a surface area of 0.0265 acres for a total dry up of 0.132 acres. The total depletion
credits claimed for this dry up is 0.253 acre feet of the Priority No. 25 right: Attached,
As Exhibit A, is a map of the property, showing dry up areas.
10.5.Applicants' request to change of the use of 0.0022 cfs (1.0gpm) of the above identified
water right to storage, evaporation replacement and augmentation uses.
11. APPLICATION FOR CHANGE OF WATER RIGHT: Battlement Ditch Domestic Right
11.1. Decreed name of structure for which change is sought: Battlement Ditch Domestic
Right
11.2. From previous Decree: Date entered: 3/30/1904 Case No.: 1082 Court: Gat -field
County District Court; Decreed point of diversion: Battlement Creek, SE1/4 Sec. 15, T.
7 S., R. 95 W., 6th P.M.; Source: Battlement Creek; Appropriation Date: 6/12/1884
Amount: 1.17cfs; Historic Use: Stock and domestic uses. This right is junior and not
available during the irrigation season, however it has historically been in priority and
used during the non -irrigation season. This right was used until 1986 for domestic uses
on the subject property and since then for stock watering. Applicant has a pro rata
District Court. Water Division No. 5. Case No. 2000CW054
Application of Botkin; 12/07/00; Page 5 of 9
entitlement to 13/880 or 1.477% of said right which equals 0.01728cfs (7.7gpm). The
depletion credits from the historic use are assumed to be equivalent to a single family
home using 350 gallons per day with 10% depletion factor. The period the credits were
historically available was from November through March. Historical use appears to
have terminated or lessened in 1986 with construction of the domestic well. Credits
have been reduced by 12% to reflect this period of non-use, leaving available credits of
0.0143 acre-feet.
11.3.Proposed change: Change 0.0143 acre-feet of the Battlement Ditch Domestic Right to
use as augmentation and stock watering. This right will not be used for pond filing,
which will be accomplished using credits available from the change requested in the
irrigation right. The water will still be diverted on to the property but will be limited to
livestock uses. The augmentation use will be accomplished by the lack of any diversions
to domestic uses. The augmentation credits will be available by not using the water for
domestic purposes which will subsequently enter the dry gulch and deep percolate into
the underlying acquifer, thereby making up the out of priority diversions, if any, for the
Botkin Well, First Enlargement.
12. PLAN FOR AUGMENTATION
12.1.Name(s) of structures to be augmented: Botkin Well and Botkin Well, First
Enlargement
12.2.Are there other water rights diverted from this structure(s)? No
12.3.Previous decree(s) for water rights to be used for augmentation:
12.3.1. Battlement Ditch No. 21. Priority No. 25: Dare entered: 5/5/1888 Case No.: 89;
Court: Garfield County District Court; Decreed point of diversion: Battlement
Creek in the SE1/4 of Sec. 15; Source: Battlement Creek; Appropriation Date:
6/12/1884 Amount: 1.67cfs; Historic Use: Irrigation of grass, alfalfa, and orchards.
Net evapo-transpiration irrigation requirements for subject lands are 1.92 acre-
feet/acre.
12.3.2. Battlement Ditch Domestic Right; Date entered: 3/30/1904 Case No.: 1082;
Court: Garfield County District Court; Decreed point of diversion: Battlement
Creek, SE1/4, Sec. 15; Source: Battlement Creek; Appropriation Date: 6/12/1884:
Amount: 1.17cfs; Historic Use: Stock and domestic uses. This right is junior and
not available during the irrigation season, however is has historically been in
priority and used during the non -irrigation season. This right was used until 1986
for domestic uses on the subject property and since then for stock watering.
District Court. Water Division No. 5. Case No. 2000CW054
Application of Botkin; 12/07/00; Page 6 of 9
Applicant has a pro rata entitlement to 13/880 or 1.477% of said right which equals
0.01728cfs (7.7gpm). The depletion credits from the historic use are assumed to be
equivalent to a single family home using 350 gallons per day with 10% depletion
factor. The period the -credits were historically available was from November
through March. Historical use appears to have terminated or lessened in 1986 with
construction of the domestic well. Credits have been reduced by 12% to reflect this
period of non-use, leaving available credits of 0.0143 acre-feet.
12.3.3 Botkin Pond (applied for above): Location ofDam/Pond: NE1/4NW1/4 of Sec.
10, T. 7 S., R. 95 W., 6th P.M.; 1585 feet from west section line and 1135 feet from
north section line; If off -channel: Pond to be filled from the Battlement Ditch, No.
21 in Water District No. 45, Priority No. 25, decreed for 1.67 cfs, Adjudication Date
of 5/5/1888, Appropriation Date: 6/12/1884, Case No. 89. The Point of Diversion is
on Battlement Creek in the SE1/4 of Section 15.; Source: Battlement Ditch which
diverts from Battlement Creek, tributary to the Colorado River; Date of initiation of
appropriation: February 8, 2000; How appropriation was initiated: Field
Inspection; Date water applied to beneficial use: n/a conditional right; Amount
claimed.: 0.0865 acre feet (28,200 gallons); rate of diversion in cfs for filing the
reservoir: 0.05 cfs from Battlement Ditch; Uses: Storage, aesthetics and
augmentation as set forth herein; Surface area of high water line: 0.0265 acres
(1156 sq. ft.); Maximum height of dam in feet: 6 feet; Length of dam in feet: 20 feet
(estimated); Total capacity of reservoir in acre feet: 0.0865 acre feet (28,200
gallons); Active capacity: 100%, Dead Storage: 0.00%.
12.4.Statement of plan for augmentation: The above listed water rights will be used to
replace out of priority depletions from the Botkin Well and Botkin Well, First
Enlargement, in the unnamed tributary, alluvial acquifer and the Colorado River. There
are senior adjudicated springs and surface diversions from the unnamed tributary, as well
as senior water rights in the Colorado River which have the potential to place an
administrative call against the Botkin Well on a year round basis. Out of priority
depletions will be replaced by turning water into the unnamed tributary from Botkin
Pond No. 1 and the Battlement Ditch as described above.
12.4.1. Depletions from the well will be augmented during the irrigation season from
change of use credits associated with the Battlement Ditch Priority No. 25. During
the irrigation season excess credits are available from this senior right and will be
used to fill the Botkin Pond and to replace evaporation losses to provide full storage
levels heading into the non -irrigation season. Depletions from the well will be
augmented during the non -irrigation season with releases from Botkin Pond and
augmentation credits available from the Battlement Ditch domestic water right.
Augmentation credits from the Battlement Ditch Priority No. 25 water right total
District Court. Water Division No. 5. Case No. 2000CW054
Application of Botkin; 12107/00: Page 7 of 9
0.253 acre-feet per year and is greater than the total augmentation demands of 0.173
acre-feet per year for the well depletions and evaporation replacement demands.
12.4.2. Augmentation credits from the changed rights and storage releases will be
delivered to a dry gulch adjacent to the well. It is applicants' engineer's opinion
that the water will return to the same alluvial acquifer supplied by the well in both
magnitude and timing. The operation of the well will not result in any delayed
groundwater impacts.
12.4.3. Accounting for the augmentation requirements of this proposal are set forth in
Table 2 attached.
12.4.4. Prior to the augmentation plan being effective and pnor to the issuance of any
well permits, the applicants need to demonstrate to the satisfaction of the Division
engineer that an adequate amount of water has been stored in the Botkin Pond and
is available for augmentation releases. Applicants also need to provide an "as -built
stage/capacity table" of the Botkin Pond, which includes a profile of the pond
identifying the outlet control elevation and which identifies the surface area of the
pond.
12.5.Name(s) and address(es) of owner(s) of land on which structures are located: Botkin
Well and Botkin Pond are located on Applicants' lands. The Battlement Ditch originates
on private or public property and traverses numerous properties, however this ditch
historically and at present discharges, in part, on Applicants' property.
13. FINDINGS AND RULING OF REFEREE:
13.1. The Referee, having examined the information submitted by the Applicants, and having
completed the investigations necessary to make a determination in this matter, does therefore
conclude that the above entitled Application should be granted and that the above-described
claims should be and hereby are approved as requested; SUBJECT, HOWEVER TO ALL
EARLIER PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the
Division Engineer of such priorities and changes of rights in accordance with law.
13.2. Application for a Finding of Reasonable Diligence shall be filed in the same month as
the decree herein is entered every six (6) years after the entry of the Decree herein so long as
Applicants desire to maintain the conditional water rights herein awarded, or until a
determination has been made that such conditional rights have been made absolute by reason of
the completion of the appropriations. or are otherwise disposed of.
District Court. Water Division No. 5. Case No. 2000CW054
Application of Botkin; 12/07/00; Page 8 of 9
13.3. Provided it is operated in accordance with the terms and conditions of this decree, the
Plan for Augmentation described herein will not injuriously affect the owner of or person entitled
to use water under a vested water right or a decreed conditional water right, and the Plan for
Augmentation is hereby granted and approved in accordance with C.R.S. 1973, 37-92-305(3) and
subject to the Court's retained jurisdiction.
13.4.Pursuant to Section 37-92-305(8), 15 C.R.S. (1990), the State Engineer shall curtail all
out -of -priority diversions under the water rights claimed iri the Application, the depletions from
which are not replaced so as to prevent injury to senior vested water rights.
13.5. Nothing herein shall relieve Applicants, or their successors and assigns, of any
obligation to comply with the Articles and By -Laws of the Morissania Water Supply Company.
13.6.If and when the Botkin Well serves more than one separately owned, single-family
residence, Applicants agree to form a homeowners association to administer and be responsible
for Applicants' obligations under the Augmentation Plan.
13.7.The demands for the proposed uses are uniform throughout the year. As long as the
well has uses with uniform diversions, delayed impacts need not be addressed.
13.8. Prior to operating the Botkin Well pursuant to this proposed plan for augmentation, the
applicants must obtain and maintain a valid well permit issued pursuant to CRS 37-90-137(2)
and this plan for augmentation.
13.9. Applicants shall install measuring devices, provide accounting, and supply calculations
regarding the timing of depletions as required by the Division Engineer for the operation of this
plan. The applicants shall designate a representative responsible for filing an annual report with
the Division Engineer by November 15th of each year summarizing diversions and replacements
made under this plan.
13.10. This plan shall not be effective until there is an adequate amount of augmentation
water, as determined by the Division Engineer, stored in Botkin Pond. Applicants shall notify
the Division Engineer of the pond construction and storage of augmentation water.
13.11. The Court shall retain jurisdiction of the Application for a period of five (5) years
after build -out. At build -out, Applicants shall so notify the Court and the Division Engineer in
writing.
It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to
judicial review.
District Court, Water Division No. 5, Case No. 2000CW054
Application of Botkin; 12/07/00; Page 9 of 9
It is further ORDERED that a copy of this Ruling shall be filed with the appropriate
Division Engineer and the State Engineer.
DATED this
Copy of the foregog mailed to
.Counsel of record---Wate
Referee, ---Div. E .neer---an
State _: .: 0/
Deputy Clerk Water Div. No. 5
day of
BY THE REFEREE.
114/.06
Waief Referee
Water Division No. 5
State of Colorado
Ruling drafted by: John W. Savage, P.C.
20b .
By:
John W. Savage, #009946, Attorney for Applicants
201 Railroad Ave./P.O. Box 1926, Rifle, CO 81650-1926
(970-625-1470; fax: 625-0803)
No protest was filed in this matter, and accordingly the foregoing Ruling is confirmed and
approved and is made the Judgment and Decree of this Court. THE MONTH FOR FILING
AN APPLICATION FOR A FINDING OR REASONABLE DILIGENCE SHALL BE
DATED this day of , 20 .
WATER JUDGE
Botkin Lot
Exhibit A
Table + 1
Augmentation Demands and Credits
DEMAND INPUTS
# of residences
Residence diversions
Residence depletion
Livestock depletion
# livestock
2
350 gpd
10%
10 gpd
4
AUGMENTATION CREDIT INPUTS
Irrigation Dry up
Dry Up House& driveway
Dry Up Pond Area
Crop Consumptive use
Inigation Credit Total
Net Pond Evaporation
Historic Use Domestic Right
# of residences 1
Residence diversions 350 gpd
Residence depletion factor 10%
"non use" reduction factor 88%
4590 Sq ft
1156 Sq ft
1.920 feet
0.253 ac -ft
2.590 feet
(1) = # residences x days per month x residence diversions x depletion factor/325,800
(2) = # of livestock days per month x livestock depletion
(3) = (1) + (2)
(4) = (dry up area residence driveway, pond)/43560 x monthly crop consumptive use
(5) = # residences x days per month x residence diversions x depletion factor x nonuse reduction factor/325,800
(6) = (4) + (5) - (3) note: negative indicates required storage release, positive excess credits available
(7) = if (6) is less than 0, than release (6)
(8) = pond surface area (dry up area) x monthly net evaporation
11/14/004:15 PM
augcredits.xls Colorado River Engineering, Inc.
Water Consumption Demands
(1) (2) (3)
Well Well Pond
Domestic Livestock Evap
(ac -ft) (ac -ft) (ac -ft)
(4)
Total
(ac -ft)
(5)
Irrg rights
Pri #25
(ac -ft)
Augmentation Credits
(6) (7)
Domestic & Excess
Stock Right Credits
(ac -ft) (ac -ft)
(8)
Req'd Pond
Releases
(ac -ft)
JAN
0.0067
0.001
0.0077
0.0029
-0.0048
0.0048
FEB
0.0060
0.002
0.0079
0.0026
-0.0052
0.0052
MAR
0.0067
0.003
0.0098
0.0029
-0.0069
0.0069
APR
0.0064
0.0037
0.006
0.0165
0.015
-0.0020
0.0020
MAY
0.0067
0.0038
0.008
0.0190
0.029
0.0101
JUN
0.0064
0.0037
0.011
0.0215
0.051
0.0299
JUL
0.0067
0.0038
0.012
0.0224
0.069
0.0462
AUG
0.0067
0.0038
0.011
0.0211
0.055
0.0343
SEP
0.0064
0.0037
0.007
0.0170
0.029
0.0120
OCT
0.0067
0.0038
0.004
0.0147
0.005
-0.0094
0.0094
NOV
0.0064
0.002
0.0083
0.0028
-0.0055
0.0055
DEC
0.0067
0.001
10075
0.0023
-0.0045
0.0045
Total
0.078
0.026
0.069
0.173
0.253
0.014
0.094
0.038
DEMAND INPUTS
# of residences
Residence diversions
Residence depletion
Livestock depletion
# livestock
2
350 gpd
10%
10 gpd
4
AUGMENTATION CREDIT INPUTS
Irrigation Dry up
Dry Up House& driveway
Dry Up Pond Area
Crop Consumptive use
Inigation Credit Total
Net Pond Evaporation
Historic Use Domestic Right
# of residences 1
Residence diversions 350 gpd
Residence depletion factor 10%
"non use" reduction factor 88%
4590 Sq ft
1156 Sq ft
1.920 feet
0.253 ac -ft
2.590 feet
(1) = # residences x days per month x residence diversions x depletion factor/325,800
(2) = # of livestock days per month x livestock depletion
(3) = (1) + (2)
(4) = (dry up area residence driveway, pond)/43560 x monthly crop consumptive use
(5) = # residences x days per month x residence diversions x depletion factor x nonuse reduction factor/325,800
(6) = (4) + (5) - (3) note: negative indicates required storage release, positive excess credits available
(7) = if (6) is less than 0, than release (6)
(8) = pond surface area (dry up area) x monthly net evaporation
11/14/004:15 PM
augcredits.xls Colorado River Engineering, Inc.
Table 2
Headgate Diversions Battlement Ditch (acre-feet)
1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Avg
Mar 0 0 0 0 0 0 0 0 0 0 0 0 0
Apr 0 275 130 219 112 96 208 140 167 144 226 41 135
May 914 652 395 461 290 424 549 750 474 418 610 841 521
Jun 958 675 496 494 496 601 499 989 496 756 497 973 610
Jul 510 501 486 240 330 442 341 563 317 794 379 512 417
Aug 431 266 224 109 149 178 190 399 141 468 157 343 235
Sept 283 150 181. 99 99 140 108 192 99 286 132 220 153
Oct 284 108 122 103 103 123 92 177 103 223 107 269 139
Nov 0 0 0 0 _ 0 0 0 0 0 0 0 0 0
Total 3380 2626 2033 1727 1579 2006 1987 3210 1796 3089 2108 3199 2211
Table 3
'Morrisania Water Company Prorata Headgate Diversions - Battlement Ditch (acre-feet)
1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Avg
Mar 0 0 0 0 0 0 0 - 0 0 0 0 0 0
Apr 0 235 102 185 86 72 174 112 136 116 190 33 120
May 754 558 344 404 248 370 481 628 416 365 527 405 458
Jun 790 574 436 435 436 518 440 816 436 629 438 143 508
Jul 449 440 427 202 285 387 294 486 272 654 330 450 390
Aug 377 226 187 83 119 147 157 347 112 410 126 297 216
Sept 242 121 149 74 74 112 82 159 74 244 105 184 135
Oct 243 82 95 77 77 95 69 145 77 186 81 229 121
Nov 0 0 -0 '0 0 0 0 0 0 0 0 0 0
Total 2654 2235 1740 1461 1326 1701 1697 2692 1523 2604 1796 1741 1948
Water company prorata headgate diversions calculated from daily diversion records and company prorate ownership
Battlement Ditch Water Rights
Table 4
Botkin Prorata Headgate Diversions - Battlement Ditch (all prioritiesi Acre -Feet
Prorate enetilement = 13/880 shares in Morrisania Water Co.
1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Avg
Mar 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Apr 0.0 3.5 1.5 27 1.3 1.1 2.6 1.7 2.0 1.7 2.8 0.5 1.8
May 11.1 8.2 5.1 66.0 3.7 5.5 7.1 9.3 6.1 5.4 7.8 6.0 6.8
Jun 11.7 8.5 066.4 6.4 6.4 7.7 5.5 12.0 6.4 9.3 6.5 2.1 7.5
Jul 6.6 6.5 6.3 3.0 4.2 5.7 4.3 7.2 40 9.7 4.9 6.7 5.8
Aug 5.6 3.3 2.8 1.2 1.8 22 23 5.1 1.6 6.1 1.9 4.4 3.2
Sept 3.6 1.8 2.2 1.1 1.1 1.7 1.2 2.3 1.1 3.6 1.5 .27 2.0
Oct 3.6 1.2 1.4 1.1 1.1 1.4 1.0 2.1 1.1 2.8 1.2 3.4 1.8
Nov 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total 42.2 33.0 25.7 21.6 19.6 25.1 25.1 39.8 225 38.5 26.5 25.7 27.6
Table 5
Boutin Prorata Headgate Diversions (acre-feet)
Attributable to Priority No. 25 (Senior RigM)
1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Avg
Mar 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00
Apr 0.00 1.10 1.10 1.03 1.06 1.06 1.06 1.06 1.10 1.06 1.10 0.29 0.92
May 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14 0.81 1.11
Jun 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 0.26 1.03
Jul 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14
Aug 1.14 1.14 1.14 1.14 1.14 1.09 1.14 1.14 1.14 1.14 1.13 1.14 1.13
Sept 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.05 1.10 1.09
Oct 1.10 1.14 1.14 1.14 1.14 1.14 1.02 1.14 1.14 1.14 1.14 1.10 1.12
Nov 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total 6.70 7.84 7.84 7.77 7.80 7.76 7.59 7.80 7.84 7.80 7.78 5.83 7.61
Decreed
Amt
Decreed Water Co.
Am1m Mit
Water Co.
Astaire
-Water
Co. %
Button 131880th
prorate arnt
I (Cal
les) tots)
I last I %
I fc`sl
Fri #251
1.67
1.67 1.25
1.25 1 74.9%
I 0.018
On #33
6.67
8.34 6.09
I 7.34 91.3%
I 0.090
Pn #811
3.00
11.34 3.00
10.34 100.0%1
0.044
Pn X851
3.2M.
I 14.67
1.41
11.75 423%
I 0.021
PI 41101
2.00
16.67
200
13.75 1100.0%1
0.03A
Table 4
Botkin Prorata Headgate Diversions - Battlement Ditch (all prioritiesi Acre -Feet
Prorate enetilement = 13/880 shares in Morrisania Water Co.
1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Avg
Mar 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Apr 0.0 3.5 1.5 27 1.3 1.1 2.6 1.7 2.0 1.7 2.8 0.5 1.8
May 11.1 8.2 5.1 66.0 3.7 5.5 7.1 9.3 6.1 5.4 7.8 6.0 6.8
Jun 11.7 8.5 066.4 6.4 6.4 7.7 5.5 12.0 6.4 9.3 6.5 2.1 7.5
Jul 6.6 6.5 6.3 3.0 4.2 5.7 4.3 7.2 40 9.7 4.9 6.7 5.8
Aug 5.6 3.3 2.8 1.2 1.8 22 23 5.1 1.6 6.1 1.9 4.4 3.2
Sept 3.6 1.8 2.2 1.1 1.1 1.7 1.2 2.3 1.1 3.6 1.5 .27 2.0
Oct 3.6 1.2 1.4 1.1 1.1 1.4 1.0 2.1 1.1 2.8 1.2 3.4 1.8
Nov 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total 42.2 33.0 25.7 21.6 19.6 25.1 25.1 39.8 225 38.5 26.5 25.7 27.6
Table 5
Boutin Prorata Headgate Diversions (acre-feet)
Attributable to Priority No. 25 (Senior RigM)
1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Avg
Mar 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00 0.00
Apr 0.00 1.10 1.10 1.03 1.06 1.06 1.06 1.06 1.10 1.06 1.10 0.29 0.92
May 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14 0.81 1.11
Jun 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 0.26 1.03
Jul 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14 1.14
Aug 1.14 1.14 1.14 1.14 1.14 1.09 1.14 1.14 1.14 1.14 1.13 1.14 1.13
Sept 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.10 1.05 1.10 1.09
Oct 1.10 1.14 1.14 1.14 1.14 1.14 1.02 1.14 1.14 1.14 1.14 1.10 1.12
Nov 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Total 6.70 7.84 7.84 7.77 7.80 7.76 7.59 7.80 7.84 7.80 7.78 5.83 7.61
04/04/2001 10:42 19708762348
A
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RECEIVED APR 0 4 2001
13.54 Acres
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PAGE 01
County Road 301
DETAILED SITE PLAN
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Special Use Permit Applictaion of Guy and Roberta Botkin for Accessory Dwelling Unit
2943 CR 301, Parachute, CO 81635; Tract 41, Morrisania Ranch
EXHIBIT 1.C.Photos of site and adjacent areas
CR 301 ADJACENT TO SITE W/ UTILITIES
Special Use Permit Applictaion of Guy and Roberta Botkin for Accessory Dwelling Unit
2943 CR 301, Parachute, CO 81635; Tract 41, Morrisania Ranch
Ex. 1.C. p. 2: PROPOSED ACCESSORY DWELLING SITE
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itf4VI tl'S +19/erir 21i'l
Special Use Permit Applictaion of Guy and Roberta Botkin for Accessory Dwelling Unit
2943 CR 301, Parachute, CO 81635; Tract 41, Morrisania Ranch
Ex. 1.C. p. 3: IMPROVEMENTS ON ADJACENT PROPERTIES
UAW C4O701
CNIIDAEN AF
PLAY
MAX. SPEED
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