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HomeMy WebLinkAbout1.0 ApplicationDate: APPLICATION SPECIAL/CONDITIONAL USE PERMIT Applicant: -" "7 l � ,r / ` Address of Applicant: Special/Conditional Use: (,( !'SF Legal Description: Practical Description (location with respect to highways, county roads, and residences): Requirements: 1. Plans and specifications for proposed use (hours of operation, no. of vehicles/day, location and size of structures, etc.). 2. Existing or proposed method of sewage, source of disposal and water. Road access and other information deemed necessary to explain proposed use. 3. A vicinity map drawn to scale depicting the subject property, location, and use of building and structures on adjacent lots. 4. An impact statement on the proposed use where required by Sections 5.03-5.03.12 of Zoning Regulations. 5. A copy of Assessor's map showing property; and a listing of all adjoining property owners of said property. 6. A base fee of $ %�j,' i ,L ( shall be charged for each application and shall be submitted with the application, additional charges may be imposed if County review costs exceed the base fee. 7. Attach a copy of proof of ownership for your property (deed, title insurance). If public notice is required, notice provided by the Planning Department shall be sent out at least five (5) days prior to hearing by return -receipt mail to all the above noted adjoining property owners. Mailing is the applicant's responsibility and proof of mailing must be presented at the hearing. Additionally, the same notice shall be published one (1) time in the official County newspaper at least fifteen (15) days prior to such hearing date. Applicant shall bear the cost of publication and be responsible for presenting the "Proof of Publication" at the hearing. The above information is correct to the best of my knowledge. Applicant Date FECORDED AT 05 FEC # 419712 STATE OF COLORADO ) )ss County of Garfield ) O'CLOCKL4.M. /01-o2a--90 MILDRED ALSDORF. COUNTY CLERK;, GARFIELD COUNTY. COLORADO BOOK 795 ncE455 At a continued regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners Meeting Room, Garfield County Courthouse, in Glenwood Springs on Thursday , the 20th of December A.D. 1990 , there were present: Marian I. Smith Arnold L. Macklev Elmer 'Buckev' Arbanev Don DeFord Mildred Alsdorf Chuck Deschenses , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 1990 - 109 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE TELLER SPRINGS SUBDIVISION. WHEREAS, Ross Jeffery has filed an application with the Board of County Commissioners of Garfield County for approval of a Preliminary Plan for the Teller Springs Subdivision. WHEREAS, based on the material submitted by the applicant and the comments of the Garfield County Planning Department, this board finds as follows: 1. That proper publication, public notice and posting was provided as required by law for the hearings before the Planning Commission and Board of County Commissioners. 2. That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That the Garfield County Planning Commission recommended approval of the Preliminary Plan. 4. That the proposed subdivision of land is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the county. 5. That all data, surveys, analyses, studies, plans and designs as are required by the State of Colorado and Garfield County have been submitted, reviewed, and found to meet all sound planning and engineering requirements of the Garfield County Subdivision Regulations. 6. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. 7. That for the above -stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity, and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED that the preliminary Plan of the Teller Springs Subdivision for the following described unincorporated area of Garfield County be approved with the following conditions: 1. That all representations of the applicant, either within the application or stated at the Public Hearings before the Planning Commission and the Board of Commissioners shall be • BOOK 795 P*GE456 considered conditions of approval, unless stated otherwise by the Planning Commission and the Board of County Commissioners. 2. The Homeowner's Association shall be incorporated in accordance with Colorado Revised Statute requirements. 3. The applicant shall prepare and submit a Subdivision Improvements agreement addressing all on-site improvements, prior to the submittal of a final plat. 4. The applicants shall submit improvement plans for all roads, bridges, utilities and drainage structures prior to the submittal of the final plat. 5. The applicant will depict on the Final Plat a non-exclusive easement for the Robertson Ditch 30 feet in width, 22 feet easterly and 8 feet westerly of the surveyed center line of such ditch for the purpose of maintenance, cleaning and repair of such ditch. Likewise, applicant will include and depict on the Final Plat a non-exclusive easement for the O'Neill Spring and Pipeline 30 feet in width, the centerline of which shall extend from the point of diversion along the present ditch centerline to the boundary of the property and shall also include and depict on the Final plat a non-exclusive easement for the pond located in the northern portion of the common area. 6. That all proposed utilities shall be placed underground. 7. That all cut slopes created during construction shall be revegetated with native grasses and shrubs with adequate weed control. 8. That the applicant shall demonstrate that procedures are established for the maintenance of all roadways and bridges, including snow removal, through the Homeowner's Association. 9. That the applicant shall pay $200 per lot in School Impact Fees prior to the approval of the Final Plat. 10. That the following plat notes shall be included on the Final Plat: a) Debris flow hazards may exist on Lots 1, 2, 3 and 4. Structural hazard mitigation measures on these lots shall be designed and certified by a qualified engineering geologist and all improvements on Lots 1, 2, 3 and 4 shall be constructed in accordance with such measures which shall be a condition of the building permit. b) Prior to issuance of a building permit, the owner of each lot shall prepare and submit a soils and foundation report for such lot and the I.S.D.S. to be installed and a grading and drainage plan prepared and certified by a e) Boo! 795 1.4E457 This subdivision is subject to prescriptive easements and rights-of-way for the Robertson Ditch and the O'Neill Spring and Pipeline. f) The subdivision may experience adverse noise, dust and traffic impacts by virtue of the operation of a gravel pit, an asphalt batch plant and a concrete batch plant located immediately south of the subdivision. 11. That the Water Allocation Contract shall be transferred from the developer to the Homeowner's Association. The Homeowner's Association shall enforce individual compliance through covenants. 12. That the Open Space areas shall be appropriately dedicated to the Homeowner's Association for said use in perpetuity and shall not be subsequently subdivided. 13. That all required permits from the Road and Bridge Department shall be obtained prior to the commencement of construction. 14. That an easement adjacent to C.R. 109 shall be reserved of adequate size for a bus stop or the applicant shall provide documentation from the school district that the major road within the subdivision will serve as an adequate bus stop. 15. That prior to the submittal of a Final Plat, the applicant shall provide adequate verification from the Division of Water Resources documenting approval of the domestic water supply. 16. That the protective covenants, articles of incorporation and other Homeowner's Association documents including by-laws will be submitted for review by the County Attorney and to adjacent landowners prior to the approval of the Final Plat. 17. That the covenants will provide that there will be no resubdivision of the lots. 18. That no ponds, other than those currently existing, shall be permitted or depicted on the Final Plat. 19. That the improvement plans for the bridges will be submitted for review by the affected adjacent property owners; Messrs. Rose, Miller and Kemp (representing Sievers) prior to the approval of the Final Plat. 20. That within the covenants, conditions and restrictions, protective language will be included to protect the springs and that maintenance and production of the Gentry Springs in the common area will be the responsibility of the Homeowner's Association. 21. All water rights owned by developer/owner pertaining to this property will be conveyed by Quit Claim Deed to the Teller Springs Homeowner's Association which will include .5 c.f.s. of water and water rights adjudicated to the Gentry Springs No. 1 and 2 and Ditch, the water and water rights adjudicated in Jeffery Springs 1 through 16 and all rights under contract for 22 acre feet of water from the West Divide Water Conser- vancy District, together with any other water and water rights which may be acquired with respect to this property. The Teller Springs Homeowner's Association will be the owner of all well and well rights and will be the contracting party and shall be vested with all authority permissible to enforce individual compliance with the terms of the Contract with West Divide. 22. The existing bridge over the Robertson Ditch will be removed and replaced as part of the Subdivision Improvements Agreement. The Homeowner's Association will be responsible for bridge maintenance. • • BnOK 795 PeGE 45S 23. That the Colorado Department of Health Drinking Water Unit review and approve the plans for the central water system prior to the submittal of the Final Plat. The water system shall conform with all requirements of a public water system as defined by the state from commencement of operations. 24. That the Carbondale and Rural Fire District provide authorization of the interior road designs and approval of the applicant's fire protection plan prior to the submittal of the Final Plat. Any requirements of the Fire District shall be considered conditions of approval of the Final Plat and shall be considered in the Subdivision Improvements Agreement. Additionally, at time of Final Plat the applicant shall present a system of fire hydrants and protection plan approved by the Carbondale and Rural Fire District. 25. The cul-de-sacs shall be designed and constructed to a similar standard as the interior roadways in conformance with County standards. 26. That prior to the submittal of a Final Plat, the applicant shall submit a well permit approved by the State Engineer's Office. 27. That the applicant shall provide a 20,000 gallon water storage tank. 28. The applicant shall provide an additional tap for water service for the owner Sievers Springs and Pipeline #2. Provisions for the water connection shall be included in the Declaration of Covenants and Conditions for Teller Springs and shall become the responsibility of the Homeowner's Associa- tion. The applicant shall modify the contract with West Divide Water Conservancy District to provide for 22 acre feet of water for 22 residences instead of 21 acre feet prior to the submittal of a Final Plat. In addition, the Well Permit shall be modified to service 22 residences, instead of 21, prior to the submittal of a Final Plat. Easement(s) for the proposed water line extension shall be provided on the Final Plat. In addition, the applicant shall demonstrate that an easement exists from the Teller Springs property line to the point of diversion at Sievers Springs and Pipeline #2. The construction of the water line shall be required and shall be addressed in the Subdivision Improvements Agreement. LEGAL DESCRIPTION: See attached Exhibit A. Dated this 20th day of December A.D. 1990 ATTEST: C erk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman • • BMA 1195 PGG€'159 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: , Aye , Aye , Aye STATE OF COLORADO ) )ss County of Garfield ) I , County Clerk and ex - officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners ■.■■■. ■.■■. E S URC E ■■■■■ E N G I N E E R I N G I N C. Mr. Mark Bean Garfield County Planning Director 109 Eighth Street Glenwood Springs, Colorado 81601 RE: Teller Springs Subdivision Water Supply Lot 10 Special Use Permit Application Dear Mr. Bean: April 11, 1994 GARFIELD COUNTY A water rights plan for augmentation was adjudicated in Case No. 90CW267 for Teller Springs Subdivision. The plan is based on a specific mix of uses within the subdivision, which can consume up to 11.347 acre feet of water annually. The uses included 26 residences, each with 6,000 square feet of landscaping plus a total of 104 head of horses. Up to 11.347 acre feet of stream depletions are augmented by release of water from Ruedi Reservoir. The Teller Springs Homeowners Association maintains a Ruedi Reservoir water allotment contract with the West Divide Water Conservancy District to cover the required releases. It is my understanding that some lot owners wish to obtain special use permits to construct guest homes. This can be done under the terms of the existing plan for augmentation so long as no more than 26 total residential units are constructed in the subdivision. To allow more than 26 units will require that the 90CW267 be amended to allow more flexibility in the mix of uses. At the time the plan for augmentation was developed guest houses were not anticipated and therefore not specifically included in the mix of uses outlined in 90CW267. At the present time the Teller Springs Homeowners Association is taking the necessary steps to amend 90CW267 to allow a greater level of flexibility than decreed. In April 1994 an application will be filed in Division 5 Water Court seeking this additional flexibility. The application to amend the plan will not seek to increase depletions nor will any change in the amount of the water allotment contract with West Divide Water Conservancy District be sought. The amendment will only seek to allow greater flexibility in the mix of uses, including guest homes, while maintaining the total depletion limit already adjudicated. It is clear, by virtue of the contract with WDWCD, that Teller Springs has adequate augmentation water to cover consumptive use in guest homes assuming the mix of uses is adjusted such that total depletions do not exceed 11.347 acre feet. The addition of guest houses will require a reduction in other uses, logically irrigation. As an example, the annual depletion in a guest house is equivalent to the depletions from 400 square feet of lawn irrigation. Thus for each guest house constructed there should be a corresponding decrease of 400 square feet of irrigated lawn and garden allowed in the subdivision. In 90CW267, 6,000 square feet of lawn and garden per lot was planned; a reduction of 400 square feet per lot to 5,600 square feet is a 7% reduction. Consulting Engineers and Hydrologists 802 Grand Avenue, Suite 302 ■ Glenwood Springs, CO 81801 ■ [303] 945-0777 ■ Fax 945-1137 r OS Mr. Mark Bean Garfield County Planning Director Page 2 April 11, 1994 In summary, guest houses can be covered under the existing decreed plan for augmentation so long as there are not more than 26 residential units in the subdivision. The Homeowners Association is in the process of amending the plan for augmentation decreed in 90CW267 provide more flexibility and to allow for a guest house on every lot. If you have any questions, please do not hesitate to call. Sincerely, RESOURCE ENGINEERING, INC. i , John M. Currier, P.E. Water Resources Engineer JMC/mmm 304-2.6 mbspecia1.304 CC: Mr. Ross Jeffery Mr. Matthew VanPortfliet Ms. Sherry Caloia, Esq. RESOURCE NIGINEERING INC STATE OF COLORADO DIVISION OF WATER RESOURCES WATER DIVISION FIVE Office of the State Engineer Department of Natural Resources 50633 U.S. Hwy 6 & 24 P.O. Box 396 Glenwood Springs, CO 81602 Phone (303) 945-5665 FAX (303) 945-8741 June 1, 1994 John Currier Resource Engineering, Inc. 802 Grand Ave, Suite 302 Glenwood Springs, CO 81601 Dear John: Roy Romer Governor xxxxAeruFntaayi ? Lochhead Executive Director Hal D. Simpson State Engineer Orlyn I. Bell Division Engineer I've reviewed the augmentation plan for Teller Springs in Case No. 90CW267 and see that in paragraph 8.A. the description is for 21 single-family residential lots and 5 additional single-fami/y residences. Furthermore, paragraph 8. B. gives a tab/e of probable demand and consumptive use. Finally, under the Judgment and Decree portion at paragraph 17, the full build -out shall not exceed the amounts in Table 1 paragraph 8.B. The bottom line is that the total diversion and consumptive use amounts should not be exceeded. It is common for changes to be made after the original decree, with these changes ultimately being taken to water court to better define and protect water users. This office has occasionally issued warnings when we detect coverage is becoming stretched too thin. However, we have not tried to be restrictive in the development of one's water rights as long as injury to senior rights does not occur. The total diversions and consumptive amounts count. The number of houses and horses are guidelines. Sincerely, -)S— Orlyn J. Bell Division Engineer OJB/nch ■■■■■ ..... .•.•. RES DUR CE ■■■■■ E N G I N E E R I N G I N C. Mr. Mark Bean, Director Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Resolution No. 94-043: Van Portfliet Special Use Permit Dear Mark: June 7, 1994 Enclosed is a letter from Orlyn J. Bell, Division Engineer summarizing his review of the Teller Springs Subdivision Plan for Augmentation (Case No. 90CW267). The letter is clear: Mr. Bell's concern is not particularly the mix of uses within the subdivision but rather the total depletions that are occurring. The guiding factor is not the location or even the number of residences but the total water usage occurring under the plan for augmentation. On this basis guest homes can be constructed in Teller Springs Subdivision under the existing Plan for Augmentation. I believe it is appropriate to grant Mr. VanPortfliet, and others, Guest House Special Use Permits. By way of limitation, until the amended Plan for Augmentation is decreed (pending in Water Court), The County may find it appropriate to include language limiting the total number of residential units served by the Plan for Augmentation to 26 units as outlined in Case No. 90CW267. If you have any questions or need any additional information please give me a call. Sincerely, RESOURCE ENGINEERING, INC. John M. Currier, PE Water Resources Engineer JMC/jmc file: 304/VanPort,ltr attachment cc: Mr. Matthew VanPortfliet Mr. Rod Poland Mr. Ross Jeffery Ms. Sherry Caloia Mr. Orlyn Bell Consulting Engineers and Hydrologists 802 Grand Avenue, Suite 302 ■ Glenwood Springs, CO 81601 ■ [303] 945-6777 ■ Fax 945-1137 Ftp nRt'.ED AT i>/a O' CLO P.M. nrT 1 4 1991 FEL.# 428211 MILALSDORF• COUNTY CLERK • SUBDIVISION IMPROVEMENTS AGREEMENT 111 THIS AGREEMENT, made and entered into this 14th day of October, 1991, between ROSS D. JEFFERY, hereinafter referred to as "Jeffery", and the BOARD OF COUNTY COMMISSIONERS OF GARIFIELD COUNTY, COLORADO, hereinafter referred to as the "County", WITNESSETH: WHEREAS, Jeffery is the owner and developer of certain real property located in Garfield County, Colorado, described in Exhibit "A" more particularly described on the final plat for the Teller Springs Subdivision, which is filed for record on even date herewith, which real property is hereinafter referred to as "Teller Springs"; and WHEREAS, as a condition of approval of the aforesaid final plat (hereinafter referred to as the "Plat") for Teller Springs, Jeffery agrees to enter into this Subdivision Improvements Agreement (hereinafter referred to as "Agreement") with the County; and WHEREAS, Jeffery has heretofore completed most of the subdivision improvements required or has made adequate provision for the completion of same; and WHEREAS, the County has required and Jeffery has agreed to complete or in the alternative to provide security or collateral sufficient in the judgment of the County to make reasonable provision for completion of certain public improvements as set forth on Exhibit "B" annexed hereto and incorporated herein by this reference. NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows: 1. Jeffery's Perforrnance. Jeffery has constructed and installed or will cause to be constructed and installed, at his sole expense, those improvements set forth on Exhibit "B" annexed hereto. The improvements identified as Items 1 through 4 on Exhibit "B" annexed hereto or will be completed by December 1, 1991, in compliance with the following: a) All final plat documents submitted prior to or at the time of final plat approval. b) All laws of the United States, the State of Colorado, the County of Garfield, and its various agencies and affected special districts. c) Such other designs, drawings, maps, specifications, sketches and other materials submitted to and approved by any of the above stated governmental entities. The County agrees that Jeffery shall be deemed to have satisfied all terms and conditions of the zoning and subdivision laws, resolutions and regulations of Garfield County, Colorado, including, but not limited to, Resolution No. 1990-109 adopted by the County on December 20, 1991. 2. Security for Improvements. Contemporaneously with the execution of this document Jeffery has tendered certified funds payable to the County for the completion of Items 1 through 4 in Exhibit "B", the cost which completion is agreed to be $5,000.00 based on the representation of Jeffery's engineers. Items requiring completion are (a) revegatation of cut 3Ld BOOK 815 P!CE 3a'ua slopes; (b) completion of bedding and back filling for water line on west side of the county road; (c) completion of well house, pumping and chlorination system; (d) installation of water storage tank in accordance with manufacturer's specifications; (e) pressure testing of the water system; and (f) supplying "as constructed" information on the water system to the Colorado Department of Health and Garfield County. Upon receipt from Jeffery and his engineers that the improvements listed as Items 1 through 4 have been completed and paid for, the County shall return to Jeffery said funds without interest and shall acknowledge that all improvements have been completed in a satisfactory manner. It is further agreed that at the present time electric and telephone service has not been extended to every lot, that such improvements are required as a condition of plat approval and that the cost of such extensions are as follows: U.S. West Communications Public Service Company $18,835.00 $17,429.00 Upon proof of payment for the installation of such utility services and completion of Items 1 through 4 on Exhibit "B", Jeffery shall be deemed to have fully completed the improvements to Teller Springs required under the regulations of Garfield County. 3. School Impact Fees. Jeffery has paid the County $200.00 per lot for school impact fees. 4. Approval of Plat. The County agrees to approval of the Plat subject to the terms and conditions of this Agreement. 5. Quit Claim Deed for Water Rights. Jeffery shall quit claim water rights to the Teller Springs Homeowner's Association in the form of the deed annexed hereto as Exhibit "C" at the time of recording of the final plat. 6. Additional Water Tap. The water line for the owners of Sievers Springs and Pipeline #2 has been addressed by the provisions of Section 5.5 of the Declaration to be recorded by Jeffery. 7. Indemnity. To the extent allowed by law, Jeffery agrees to indemnify and hold harmless the County for claims which may arise as a result of Jeffery's installation of improvements pursuant to this Agreement. However, Jeffery does not indemnify the County for claims made asserting that standards imposed by the County on Jeffery are improper or the cause of the injury asserted. The County shall be required to notify Jeffery of receipt of a Notice of Claim or Notice of Intent to Sue and shall afford Jeffery the option of defending any such claim or action. Failure to notify and provide such option to Jeffery shall extinguish the County rights under this paragraph. Nothing herein stated shall be interpreted to require Jeffery to indemnify the County for claims which may arise from the negligent acts or omissions of the County. -2- • Brox. S15 r T 8. Roads. Roads within Teller Springs Subdivision shall be private roadways. Approval and acceptance of roads within Teller Springs Subdivision shall not designate such roads as County roads. 9. Amendment. This Agreement may be amended from time to time, provided that such amendment be in writing and signed by the parties hereto. 10. Binding Effect. This Agreement shall be a covenant running with the title to each lot within the Teller Springs Subdivision and the rights and obligations as contained herein shall be binding upon and inure to the benefit of Jeffery, his successors and assigns. IN WITNESS WHEREOF, the parties have hereafter affixed their signatures the day and year first written above. BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO -3- BOOK 815 NGE351 EXHIBIT "A" TO THAT CERTAIN SUBDIVISION IMPROVEMENTS AGREEMENT BY AND BETWEEN ROSS D. JEFFERY AND THE BOARD OF COUNTY COMMLSSIONERS OF GARFIELD COUNTY, COLORADO A parcel of land situated in Lots 19, 20,21, 23 and 24, Section 12 and Lots 2, 3 and 5, Section 13, Township 7 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the South Quarter Comer of said Section 12, an axle in place; thence N. 00011'14W W. 458.62 feet to the point of intersection of the easterly right-of-way fence of County Road No. 109 and the westerly line of Lot 23 of said Section 12, the True Point of Beginning; thence N. 00°11'14" W. along said westerly line 229.16 feet to the northwest corner of said Lot 23; thence S. 88°55'37" W. along the southerly line of Lot 21, 895.47 feet to the southwest corner of said Lot 21; thence N. 00°02'16" E. along the westerly line of said Lot 21, 1417.21 feet to the northwest comer of said Lot 21, an axle in place; thence S. 89°50'22" E. along the northerly line of said Lot 21, 889.81 feet to the northeast corner of said Lot 21; thence S. 89°59'10" E. along the northerly line of Lots 20 and 19 of said Section 12, 1817.84 feet to the northeast corner of said Lot 19; thence S. 00°06'42" E. along the easterly line of said Lot 19, 1368.72 feet to the southeast corner of said Lot 19, a rebar and cap L. S. #3317 in place; thence S. 01°21'44" W. along the east line of Lot 24 of said Section 12, 720.88 feet to a point on the southerly section line of said Section 12 (whence the Southeast Corner of said Section 12 bears S. 89°52'09" E. 874.41 feet), also being a point in an existing fence; thence S. 01°43'30" W. along said fence 1113.97 feet; thence continuing along said fence S. 01°30'12" W. 729.75 feet; thence continuing along said fence S. 81°50'40" W. 60.36 feet; thence continuing along said fence S. 89°53'09" W. 882.14 feet to a point on the easterly right- of-way fence of County Road No. 109; thence N. 32°40'06" W. along said right-of-way fence 463.99 feet; thence continuing along said right-of-way fence N. 40°03'42" W. 175.51 feet; thence leaving said right-of-way fence and continuing along said easterly right-of-way N. 17°42'56" W. 728.56 feet to a point on said easterly right-of-way fence; thence continuing along said right-of-way fence N. 09°12'38" W. 294.71 feet; thence continuing along said right-of-way fence N. 08°58'07" W. 270.82 feet; thence continuing along said right-of-way fence N. 13°28'04" W. 553.88 feet to the True Point of Beginning. • sooK 815 ? E352 EXHIBIT "B" TO THAT CERTAIN SUBDIVISION IMPROVEMENTS AGREEMENT BY AND BETWEEN ROSS D. JEFFERY AND THE BOARD OF COUNTY CO SIONERS OF GARFIELD COUNTY, COLORADO 1. Domestic Water System a. 7,500' of 6" C-160 PVC pipe b. Well c. Well Test d. Well Pump e. Chlorination system f. Well House g. 20,000 gallon water storage tank h. Labor 2. Roadways - Completed a. Class 6 Aggregate Base Course - 4 b. Pit Run Material - 8" c. Minor Grading and Subgrade Prep 3. Bridge for Lot 21 Driveway 4. Revegetation of cut slope 5. Telephone 6. Electric tion FECORDED AT /3e O'CLOCK/2.M. JUL 2 1 1992 y �? EC " 4�ir�a�,� MILDRED ALSDORF, COUNTY CLERK`' ACKNOWLEDGEMENT OF SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT KNOW ALL MEN BY THESE PRESENT that: 1 lict,.,7•Tiris7,3ii.., "�i IJUL 2 9 1992 ).1 GARFIELD COUNTY BUOK _33"7 PaGE2E3G WHEREAS, Ross D. Jeffery (hereinafter Jeffery), entered into a Subdivision Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado (hereinafter 'Board") dated October 14, 1991, recorded in Book 815, at Page 348 as Reception No 428211 of the Garfield County records on October 14, 1991, for the improvement of the Teller Springs Subdivision; and WHEREAS, the obligations of Jeffery have been satisfied in full. NOW THEREFORE, at the request ofJeffery and in consideration of the premises and prior agreements, the Board hereby acknowledges the satisfaction of the Subdivision Improvements Agreement entered by Jeffery and the Board for the Teller Springs Subdivision, and releases security in the amount of $1,000.00 less any Treasurer's fees. Chairman STATE OF COLORADO COUNTY OF GARFIELD )ss The foregoing instrument was acknowledge before me this /'7' dayof E�ber, by� , as Chairman of the Board of County Commissioners of Garfield County, Colorado. Fi2NB id M ckley WITNESS my hand and official seal. IVLipeemmtasitsti=emitifeo- /- /O-`75- Garfield 9S" Gar field County Clere----16:-* • 1 MODIFICATION OF SUBDIVISION IMPROVEMENTS AGREEMENT THIS MODIFICATION OF SUBDIVISION IMPROVEMENTS AGREEMENT, made and entered into this day of December, 1991, between ROSS D. JEFFERY, hereinafter referred to as "Jeffery," and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, hereinafter referred to as the "County," WITNESSETH: WHEREAS, Jeffery and the County have entered into a Subdivision Improvements Agreement, dated October 14, 1991; and WHEREAS, Jeffery has completed the subdivision improvements required under Exhibit "B" of said Subdivision Improvements Agreement, but the County has requested a pressure test of the domestic water system as a condition to final acceptance and Jeffery has agreed to conduct such a test in the spring of 1992; and WHEREAS, the parties have agreed to the modification of the Subdivision Improvements Agreement to provide for a water system pressure test and an extension of time to complete same, and for the provision of collateral sufficient to accomplish such test. NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants, amendments and agreements, the parties hereby agree as follows: 1. Completion Date Extension. The time for the completion of all improvements required under the above -referenced Subdivision Improvements Agreement is hereby extended to May 1, 1992. 2. Security for Completion of Improvements. Jeffery has previously paid the sum of $5,000.00 to the County of Garfield as security for completion of improvements $4,000.00 of said deposit shall be repaid to Jeffery and $1,000.00 shall be held by the County pending the completion of a satisfactory water system pressure test on or before May 1, 1992. 3. Acknowledgment of Completion of Improvements. Except as stated above, the County acknowledges that Jeffery has satisfied all terms and conditions of the zoning and subdivision laws, resolutions and regulations of Garfield County, Colorado, including but not limited to, Resolution No. 1990-109, adopted by the County on December 20, 1990. IN WITNESS WHEREOF, the parties have hereafter affixed their signatures the day and year first written above. Attest: Clerk to the Board BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Chairs ian T7 i� Ross D. Jeffery RESO ▪ ..s Inn RCE 11..11. ■ v.0■ E N G I N E E R I G INC. November 15, 1990 Mr. Jim McDanold, PE Office of the State Engineer 1313 Sherman St., Room 818 Denver, CO 80203 RE: TELLER SPRINGS SUBDIVISIO DOMESTIC WATER SUPPLY Dear Jim: BACKGROUND On October 4, 1990 Resource Engi report to your office regarding the supply. The letter summarized a community well to be located bet Fork River. The results of the an location would not injure the 0" concluded that a plan for augmenta depletions would be covered by water allotment contract with Wes The Office of the State Engineer re letter signed by Mr. Hal Simpson County Planning Director. The foll letter. and, "We would like to see a test a 24-hour pump test should supply is sufficient to serve tl of this pump test should be p eering, Inc. (RESOURCE) submitted a letter Teller Springs Subdivision domestic water groundwater hydrologic analysis for a een the Robertson Ditch and the Roaring lysis showed that a well situated in that eill Spring and Pipeline water right. We ion was not needed and that out -of -priority uedi releases pursuant to the developer's Divide Water Conservancy District. ponded on October 12, 1990 by way of a and directed to Mr. Mark Bean, Garfield owing paragraphs are excerpts from that yell constructed at the proposed well site. ie run to determine whether the physical is development. An analysis of the results rformed and submitted to the County. ---" "As long as a sufficient watr supply can be developed from a central well located east of the Robertson Ditch, we can recommend approval of this preliminary plan. Rep acement for out -of -priority diversions by releasing water from Ruedi eservoir pursuant to the water allotment contract with the West Divi a Water Conservancy District should be sufficient to protect senior w ter rights." Consulting Engineers and Hydrologists 802 Grand Avenue, Suite 302 ■ Glenwood Springs, CO 81601 ■ [303] 945--6777 ■ Fax 945-1137 Mr. Jim McDanold, PE November 15, 1990 The developer immediately made the Robertson Ditch and perform Prior to drilling the test well a geo RESOURCE for our review. The r about the suitability of the site for very near the proposed well site shale bedrock was encountered a at 10 to 11 feet. This indicated t• drilling a successful well at that I. Therefore the developer decided t appeared to have a much higher p on the attached Figures. The site as follows: plans to drill a test well on the bench below 24-hour pump test. echnical report of the site was furnished to port had been prepared to answer concerns residential construction. In two holes drilled Chen #1 and #2 on the attached Figure 1) 15 and 16 feet with the static water level us that there was a very low probability of cation. • • drill the test well at another location that bability for success. The location is shown as chosen for numerous reasons outlined * The alluvial/colluvial deposits appeared to be of sufficient thickness to support : high quality well, * The site is approxima ely 800 feet from the Doug Miller well, * A small ravine lies between the site and the 0"Neill Springs, acting as a hydrogeol s gic barrier between the 0"Neill Springs and the well and, * The site is immediatel adjacent to power thereby minimizing the cost to construct the ell. WELL TESTING A test well 41 feet deep was drilled and gravels form the upper 38 feet 38 foot level. The static water IE surface. The well was cased with bottom 12 feet of the casing was bailed the well at 45 gpm for apprc unable to detect any drawdown. A 24 hour pump test was perform( starting on Nov. 1, 1990. The alta three hours of the test the drawdow by Collins Drilling. Alluvial/colluvial sands of the well with shale bedrock below the vel was found to be 10 feet below the 6-5/8 inch steel casing to 36 feet. The perforated with a blow torch. The driller ximately 3 hours and stated that he was d by Rick Holub of J&M Pump Company shed results show that a during the final n remained constant at 8.67 feet under a Mr Jim McDanold,PE November 15, 1990 pumping rate of 70 gpm. Recove hours. During the test the water level i discharge of the 0"Neill Spring Miller well rose 0.5 inches over t in discharge of the O'Neill spring # weir installed in the spring outfall. data shows almost complete recovery in 2.5 Doug Miller's well was monitored and the 14 was monitored. The water level in the e course of the test. There was no change 4. Discharge was monitored with a V -notch Mr. Bob McCabe a Water Reso rces Engineer with the Division V office inspected the well location and ad'acent water rights during the pump test. ANALYSIS OF PUMP TEST DATA RESOURCE evaluated the data to stimate the sustained yield of the well and to determine the effect of sustain d pumping on adjacent water rights. YIELD: The sustained yield of the ell is much greater than the needs of the subdivision. It is apparent from a pl • t of the drawdown -vs- pumping rate that a 70 gpm pumping rate can be sus ained with a drawdown of less than 9 feet. The subdivision requirements are uch less than 70 gpm. The peak month demand is expected to be 27.7 gp with an average annual demand of 13.0 gpm. In the non -irrigation months t e demand is expected to drop to 4.7 gpm'. The well yield compared to the sub • ivision requirements indicates that the well will provide an excellent water sup ly for the subdivision. EFFE T ON OTHER WATER RIGHT the Robertson Ditch. The bottom of the normal high water line in the riv the well cannot be supplied direc groundwater moving towards the ri • The test well is located on a bench above the casing is at elevation 5,956 feet while r is at approximately 5,946 feet. Therefore ly from the Roaring Fork River but from er. Since the water supply is not direc ly from the river the effect that pumping might have on nearby water rights was examined. These rights are listed in Table 1. 'Demand figures are b allotment contract with West which allows for 1 AF of div sed on the developer's water ivide Water Conservancy District rsion annually for each lot. Mr. Jim McDanold, PE November 15, 1990 WATER RIGHT O"Neill Spring & PI., Spr.#14 Sievers Spring and Pipeline #2 Miller Well Jeffery Springs #15 & #16 Gentry Springs #1 & #2 TABLE 1 DISTANCE TO WELL 540 Ft. 290 Ft. 810 Ft. 100 Ft. 390 Ft. OWNER James Rose Sievers Doug Miller Ross Jeffery Ross Jeffery The rights owned by the developer, Ross Jeffery, were not considered in the analysis. Under simplified conditions that assume a homogeneous, unconfined aquifer, with no source of recharge, the expanding cone of depression around the pumped well would affect the nearby water rights at some time. We estimated how long it would take for the cone of depression to expand to the extent that would result in injury to these rights. To carry out the analysis the aquifer transmissivity was determined from the recovery data (T = 0.028 Ft2/Sec) and the specific yield was estimated based on the aquifer material (S,, = 0.3). The allowable drawdown before injury occurs is assumed to be different for different water rights. The results are summarized in Table 2. TABLE 2 DRAWDOWN RESULTING WATER RIGHT IN INJURY INJURY 0"Neill Spring & PI., Spr.#14 0.5 Ft. Sievers Spring and Pipeline #2 1.0 Ft. Miller Well 2.0 Ft. TIME BEFORE OCCURS 5 Yrs < 2,000 Yrs Never The analysis shows that even without any aquifer recharge or a groundwater gradient towards to well there is minimal risk of injury to the water rights of others. The site topography and the generalized pattern of groundwater flow in the area further reduce the risk of injury. The O'Neill Springs are separated from the well by a ravine that cuts through the alluvial/colluvial material. This ravine effectively isolates the well and it's water supply from the 0"Neill Springs. Our opinion is that the well will not injure the 0"Neill Spring and Pipeline water right. Mr. Jim McDanold November 15, 1990 The distance between the Miller well and the Teller Springs well precludes the Miller Well From injury. Furthermore the Miller well is below the Robertson Ditch and is at a much lower elevation than the Teller Springs well. Our opinion is that the Teller Springs well will not injure the Miller well. The Sievers Spring and Pipeline #2 consists- of a corrugated metal spring box located in the uphill bank of the Robertson Ditch. When water is in the ditch it is our opinion that ditch seepage is the primary water source since the springbox is only a matter of several feet from the ditch. In the winter time the source of water would be ground water from above the ditch. Our opinion is that the Teller Springs well will not injure the Siever's Spring and Pipeline #2. CONCLUSIONS: The well for the Teller Springs Subdivision will provide an excellent water supply for the subdivision. Furthermore the well will not injure water rights owned by others. The developer plans to file a well permit application for this well in the next several days. We respectfully request that the application be approved based on the information contained herein. If you have any questions or comments regarding this report please do not hesitate to call. Sincerely, RESOURCE ENGINEERING, INC. �.-..fl John M. Currier, PE Water Resources Engineer xc: Ross Jeffery John Schenk Peggy Ventura ✓Orlyn Bell attachments: Figure 1 - Location Map Figure 2 - Location Map Pump test results xS o la a3n3� MOB 00 leartun` MAL °Diol sfmos MU= a OW TWA 11311111 + MO 00 711013010 ata 1131 0 d 10111 Y TM • w WOW Y 1111111130 00 'MOW 0001101 011 7011 17#1 OXO* T 13/1 a g WOW 11d IMO 91 101 OZ 101 +'Mfat �r 61 101 YM 01114 Z# MHO+ 5l 101 £ l 101 9UTAPH Cl/ 010100 seems 30YdS N3d0 N0 D100 Lk 101 Yemia shade • • • • l 101 CC= 001 =NIS 3311.1110 1311 NIL AHVOI00 I11311001300 CHI WNW ODOM t l 101 Zl 101 11 101 s Data 00 113&311171 S 313LLIXO VI NIL A�NIiao LOOOTOOO Off 10•11X NOM 0661. 2IIEBIIAON IAB LB 00 'se4S POOMU9I:] BOE 93ms "BAV PFJ BOB eaefloio-pAH Pue eJeeuIBu3 Bu 1o0 NI 'J N 1 b 3 3 N 1 'J N 3 ����■ ■OOO■ 3oHnos2U::::: .00C - .1 t31Y=S dVW NOI.LNDOI • 4145311 a94PM auTTadTd pup sbutadS TTTaN,O aim oq AavqnqTa4 aap jiL# - L# sbutadS •£ • u34TQ uospaegog ;o Num" TTTgdn 9144 ut P94p0OT sT (Z# auTTadTd pup butadS SIBA9TS VW) xoH sbuTadg sa3AOTS ay,L • Z • &xa;;ef ssog • aw 'redo-Ea/op atm Aq peuuo aap Z# pup L# sbuTadS &ua0 atm pup 9L# Pup SO sbutadS •� :SHION NOTa aaTempunoaf go uotpoaITQ e4ewTxoaddv /calm 6 101 of Duals 9 101 01 WOW 00 'SOMA COOW0110 K • 1 AYAMOa1 ILS/011 LOCi0YNg1 Gift !D mins 9 101 9 101 lata 00 *Saes 000aaG1 OM )701 7,'d MOM WV S€NflJdS UHT -IU 4 101 £ 101 Z 101 l 101 MCI Y0 A>T1'MA MOND Y1d110 Vi caul NVO7100 1 MIN • r&1 E 1,499,000 11,500,000 Z m PI Z U O Uv0 O • W O O WO • VI H)i" � P \1 O s 0 O 8 i u 33 V O`Z0 m • ;!; x G) (7 %\ O I O ii :: _ f tion u S U Z ' 1 1 .. , , r Vo Q1 % • \ \ T VI N wv\\IC6 e' 1 4'` 6p� mamma m z m z CO mOm z- z zlJ nm E 1,501,000 MATCH SHEET PF -11 E 1,502,000 E 1,503,000 Za61 41136N3330 GARFIELD & MESA COUNTIES, COLORD • A i 8 • r O O v N c O -: COLORADO RIVER AND TRIBUTARIE Z — 1TAM31NI tlnO.NOO WPA og V 0 2 y D w83Yo O 12 7 wap .14 O 8 H 0 •W l,NO11VN • 0 • 0 2 m 3 NdO0 N011D3S ONnO3Nn n 3Nn0N01133S ONnOi 2 m , c 1 SNina 10 NO11V1:N1Xl3 1 1,1 a 2 m 0 m 0 A 0 0 in O 2 0 2i n31N30 O1ONd X O D 1ON1NO3 1Y311113A 0 Oy r r 1 m m Z u • w D O 0 5D to 3 Z< ar r 0 mid N N D m x. 2 N -i .. O D 0 to O 8 J & M PUMP COMPANY 0241 COUNTY ROAD 167 GLENWOOD SPRINGS, CO 81601 (303) 945-6159 Ross Jeffery P.O. Box 1693 Glenwood Springs, Co. 81602 Attn: Ross, A 24 hour well test was performed by J & M Pump Co. on the property located on the back road between Carbondale and Westbank. The following results were obtained. Well: Pump Setting Water Level: Water Level: Sustained Yeild: Pump: 36' 33' 11'-2" (begining of test) 19'-10" (end of test) 70 GPM 16S20-4 Grundfos Submersible Pump A step test was performed in the first hour of the term test. Three other sources of water were monitored the long term test. They are as follows, Doug Miller Well: Water Level O'Niell Spring #14 8'4" (begining of test) 8'31/2" (end of test) Weir measurement same throughout test Pond Weir Flow measured just below 10 on its scale throughout test No fluctuation was observed at any of the sources listed above. The step test was performed at four different stages of pumping, starting at 15 gpm, 30 gpm, 45 gpm, and 60 gpm. Each of the tests lasted 15 minutes. The final flow was increased to 70 gpm 4 hours after the test began. The 70 gpm flow lasted until termination of the test. Recovery information was obtained upon termination of the test for a period of 21 hours. Final measurement was 11'3". If you have any questions, please feel free to call, 945-6159. Thank You. long during J & M PUMP CO. Richard A. Holub Lic. No. 1196 J & M PUMP COMPANY 0241 COUNTY ROAD 167 GLENWOOD SPRINGS, CO 81601 (303) 945-6159 11/1/90 Time: Depth 9:00 11'2" 9:05 12'0" 9:10 12'5" 9:15 12'6" 9:20 13'3" 9:25 13'4" 9:30 13'5" 9:35 14'6" 9:40 14'7" 9:45 14'7" 9:50 15'10" 9:55 15'10" 10:00 15"11" 10:15 16'2" 10:30 16'7" 10:45 16°9" 11:00 16'9" 12:00 16'9" 1:00 16'9" 2:00 17'4" 3:00 18'6" 4:00 19'2" 5:00 19'2" 6:00 19'2" 7:00 19'5" 8:00 19'6" 9:00 19'7" 10:00 19'7" 11:00 19'8" 12:00 19'8" 1:00 19'8" 2:00 19'8" 3:00 19'8" 4:00 19'9" 5:00 19'9" 6:00 19'9" 7:00 19'10" 8:00 19'10" 9:00 19'10" 10:00 19'10" GPM 15 15 15 15 30 30 30 45 45 45 60 60 60 60 60 60 60 60 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 24 Hour Well Test Recovery Time: Depth GPM 10:01 14'6" 10:02 13'8" 10:03 13'2" 10:04 13'0" 10:05 12'10" 10:07 12'8" 10:09 12'6" 10:11 12'5" 10:13 12'4" 10:15 12'3" 10:20 12'12" 10:25 12'2" 10:30 12'0" 10:45 11'11" 11:00 11'92" 11:30 11'72" 12:00 11'52" 12:30 11'3" (tud2) aLV I rJNIdPifd 0 g O a% 00 N of (u) NMOQMduQ 8 8 §z 8 8 • O ri RESOURCE ENGINEERING, INC. O O z • • • ••••••• • • • • • • • • • • • • • •-...,,, .___1,,,_ O a% 00 N of (u) NMOQMduQ 8 8 §z 8 8 • O ri RESOURCE ENGINEERING, INC. O O z M M i3 `(s) NMOQAW2IQ 1 11 V ll 1k h O b to M S "25/��QzQ•9 =I l M M i3 `(s) NMOQAW2IQ 1 T= Sya= ALPHA= Se= Q= W(u )= (u) = Radius of Influence (Re),(Ft) 290.0 540.0 810.0 T= Sya= ALPHA= Se= 0= W(u )= (u) _ Radius of Influence (Re),(Ft) 0.028 FT-2/SEC 0.3 0.093 2 FEET 0.029 CFS 0.000 1.62E-11 (From Table) TIME REQUIRED TO REACH A SPECIFIED DRAWDOWN A SPECIFIED DISTANCE FROM A WELL UTILIZING THE THEIS WELL FUNCTION 13 GPM - AVERAGE ANNUAL PUMPING RATE Time (Years) 439,581,347 1,524,160,771 3,429,361,734 0.028 0.3 0.093 1 0.029 0.000 3.00E-06 Time (Years) Se W(u) (u) 0.5 6.066 1.400E-03 0.1 1.21 2.027E-01 1 12.133 3.000E-06 2 24.266 1.625E-11 SIEVERS SPRING AND PIPELINE #2 O'NEILL SPRING #14 MILLER WELL FT-2/SEC FEET CFS (From Table) TIME REQUIRED TO REACH A SPECIFIED DRAWDOWN A SPECIFIED DISTANCE FROM A WELL UTILIZING THE THEIS WELL FUNCTION 13 GPM - AVERAGE ANNUAL PUMPING RATE Se W(u) (u) 0.5 6.066 1.400E-03 0.1 1.21 2.027E-01 1 12.133 3.000E-06 2 24.266 1.625E-11 290.0 2,381 SIEVERS SPRING AND PIPELINE #2 540.0 8,256 O'NEILL SPRING #14 810.0 18,576 MILLER WELL T= Sya= ALPHA= Se= 0= W(u )= (u) = Radius of Influence (Re),(Ft) 290.0 540.0 810.0 15 -Nov -90 0.028 FT-2/SEC 0.3 0.093 0.5 FEET 0.029 CFS 0.000 1.40E-03 (From Table) TIME REQUIRED TO REACH A SPECIFIED DRAWDOWN A SPECIFIED DISTANCE FROM A WELL UTILIZING THE THEIS WELL FUNCTION 13 GPM - AVERAGE ANNUAL PUMPING RATE Time (Years) Se W(u) (u) 0.5 6.066 1.400E-03 0.1 1.21 2.027E-01 1 12.133 3.000E-06 2 24.266 1.625E-11 5 SIEVERS SPRING AND PIPELINE #2 18 O'NEILL SPRING #14 40 MILLER WELL RESOURCE ENGINEERING, INC. 304-1.( DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 90CW267 FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT AND -DECREE CONCERNING THE APPLICATION FOR WATER RIGHTS OF: ROSS JEFFERY, in Garfield County, Colorado The above -entitled application was filed on December 31, 1990, and referred to the Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court, on January 8, 1991, in accordance with the provisions of Article 92 of Chapter 37, Colorado Revised Statutes, 1973, known as the Water Rights Determination and Administration Act of 1969. It appearing to the Referee from the files and records of said application that Statements of Opposition had been filed, the Referee determined, as provided by C.R.S. §37-92-303(1), not to make a ruling, and on July 18, 1991, ordered that, in accordance with C.R.S. §37-92-303(2), the case be re-referred to the Water Judge of Water Division No. 5, State of Colorado. The Court, having become fully advised with respect to the subject matter in the application, and as set forth in Stipulations filed by the Applicant and Objectors, does hereby make the following Findings of Fact, Conclusions of Law, and Judgment and Decree in this matter, to -wit: FINDINGS OF FACT 1. The name and address of Applicant is Mr. Ross Jeffery, P.O. Box 1693, Glenwood Springs, CO 81602. 2. Timely Statements of Opposition were filed by James Rose, the Board of County Commissioners of Pitkin County and the West Divide Water Conservancy District. A Stipulation and Withdrawal of Statement of Opposition between the Applicant and the Board of County Commissioners of Pitkin County was filed with the Court on August 26, 1991. 3. The Application consists of three separate but interrelated parts which together comprise a legal domestic water system for the newly developed Teller Springs Subdivision. C:\FIIFSVEFFERY.2DE May 14, 1992 4. The Applicant, in his first claim, applied for an underground water right. Such right is more fully described as follows: A. Name of well is the Teller Springs Well No. 2. B. Legal description: Teller Springs Well No. 2 will be located in the NE 1/4 NE 1/4, Section 13, Township 7 South, Range 89 West of the 6th P.M. in Garfield County, Colorado, more specifically described as a point whence the North 1/4 Corner of said Section 13 bears North 78°47'40" West. C. Source: Groundwater tributary to the Roaring Fork River. D. Depth: Approximately 60 feet. E. Date of appropriation: October 4, 1990 F. How appropriation was initiated: By formation of the intent to appropriate water for use by the subdivision by performing engineering to develop a water supply for the Teller- Springs Subdivision and location of well sites and water source. G. Amount claimed: 60 g.p.m. conditional. H. Proposed Use: Irrigation, municipal, domestic, livestock watering, storage, piscatorial, fish and wildlife habitat, fire protection, augmentation, replacement, exchange, testing and monitoring. I. Legal description and acreage of land to be irrigated: Land located in the South 1/2 of Section 12 and the North 1/2 of Section 13 in Township 7 South, Range 89 West of the 6th P.M. in Garfield County, Colorado. 5. In his second claim, the Applicant made application for an alternate point of diversion for the Teller Springs Well No. 2. Such claim is more fully described as follows: A. Alternate point of diversion for the Teller Springs Well No. 2. 1) Name: Teller Springs Well No. 1 2) - Well Permit No. 38071-F. 3) Legal description: The well is located in the Northeast 1/4 of the Northeast 1/4 of Section 13, Township 7 South, Range 89 West of the 6th P.M., more specifically described as a point whence the North 1/4 Corner of said Section 13 bears North 80°23'00" West 1,769 feet. C:\f1L ESUEFFERY.2DE May 14, 1992 -2- 4) Source: Groundwater tributary to the Roaring Fork River. 5) Depth: 40 feet. 6. The Applicant proposes to augment such wells pursuant to the following plan for augmentation: A. Name of structures to be augmented: Teller Springs Well Nos. 1 and 2. 7. The Applicant proposes to use the following decree for water right for augmentation purposes hereunder: A. Augmentation water right: Ruedi Reservoir. B. Date entered: June 20, 1958. C. Case number: Case No. 4613. D. Court: Garfield County District Court. E. Legal description point(s) of diversion or place of storage: The axis of the dam is located at a point whence the Southwest corner of Section 7, Township 8 South, Range 84 West of the 6th P.M. bears North 68°58'00" a distance of 1,126 feet. F. Source: Frying Pan River. G. Amount: 102,369 acre-feet. H. Appropriation: July 25, 1957. The Applicant has secured a valid water service contract with the West Divide Water Conservancy District for up to 22 acre-feet of water stored in Ruedi Reservoir, however, such amount will be reduced to 12 acre-feet as more fully set forth herein. 8. The plan for augmentation is outlined as follows: A. The Teller Springs Subdivision is a 21 lot subdivision located on the west side of the Roaring Fork River, approximately seven miles south of Glenwood Springs, Colorado. The subdivision encompasses 175 acres (approximately) and consists of 21 single family residential lots. Domestic in-house water, livestock water, and water for lawn and garden irrigation will be provided through a community water system that will serve the development. The water system is designed with C:\FIFESVEFFERY.2DE May 14, 1992 -3- the capacity to serve up to five additional single family residences, which are in addition to the 21 lot subdivision. Such additional residences are or will be located near to but not within the subdivision. The water supply for the development will be diverted from either or both the Teller Springs Well Nos. 1 and 2. B. Diversion requirements for the development and depletions caused by use of water by the development have been calculated to be as follows: Table 1 Water Requirements (acre-feet) Demand Consumptive Use Month Domestic In-house (1) Lawn Irri- gation (2)** Live- stock (3) Totals Domestic In-house (4) Lawn Irri- gation (5)** Live - stock (6) Totals January 0.693 0.000 0.148 0.841 0.104 0.000 0.148 0.265 February 0.626 0.000 0.134 0.760 0.094 0.000 0.134 0.239 f March 0.693 0.000 0.148 0.841 0.104 0.000 0.148 0.265 April 0.670 0.535 0.144 1.349 0.101 0.374 0.144 0.649 May 0.693 2.245 0.148 3.086 0.104 1.571 0.148 1.915 June 0.670 2.739 0.144 3.553 0.101 1.917 0.144 2.269 July 0.693 2.636 0.148 3.477 0.104 1.845 0.148 2.203 August 0.693 1.745 0.148 2.586 0.104 1.222 0.148 1.548 September 0.670 1.479 0.144 2.293 0.101 1.035 0.144 1.343 October 0.693 0.587 0.148 1.428 0.104 0.411 0.148 0.696 November 0.670 0.000 0.144 0.814 0.101 0.000 0.144 0.256 December 0.693 0.000 0.148 0.841 0.104 0.000 0.148 0.265 Totals 8.155 11.965 1.748 21.868 1.223 8.376 1.748 11.914* C:1FILESUEFFERY.2DE May 14, 1992 -4- Footnotes: (1) # of Residences: 26; # of persons/residence: 3.5; # gallons/person/day: 80 (2) Sq. ft. of Lawn Irrigated: 156,000; Lawn Application Rate (af/ac): 3.340 (3) # of Livestock @ 15 gals/day: 104 (4) % C.U. for Domestic: 15 (5) % Lawn Irrigated Efficiency: 70; Consumption of Irrigation (af/ac): 2.140 (6) 100% C.U. * Total Includes 5% Transit Loss ** Elevation (feet): 6,000 9. Operation of plan for augmentation: Teller Springs Well Nos. 1 and/or 2 will supply this development with its source of water. Water will be diverted from these wells into a central water system for the 21 lots and either through the central system or individual wells for the additional five residences. All individual wells shall be located below the Robertson Ditch. The consumptive use of these diversions will be augmented to the Roaring Fork River. The Applicant currently has a contract with the West Divide Water Conservancy District for 22 acre-feet of storage water available from Ruedi Reservoir. However, the Applicant may reduce such contract amount to 12 acre-feet after this decree is entered. Ruedi Reservoir storage rights will be used to augment all out -of -priority depletions, which occur from diversions made through the Teller Springs Well Nos. 1 and 2. Releases will be made from Ruedi Reservoir in lieu of curtailing the Teller Springs Well Nos. 1 and 2 when a valid call is made and administered. Releases are scheduled to lag depletions by one month in order to account for the delayed effects of well pumping. This has been established to adequately account for the lag time between the actual use of water and the actual impact on the stream system. 10. Releases will be made monthly on behalf of this development from Ruedi Reservoir for each month or partial month that the wells are out of priority. Transit losses are also included and calculated to be approximately 5 percent. CONCLUSIONS OF LAW 11. Timely and adequate notice of the filing of this application was given as required by law, and this Court has jurisdiction of the parties and subject matter of this action. 12. The Applicant has initiated a valid appropriation of the water rights for the Teller Springs Well Nos. 1 and 2 which application has been made herein, as of the dates claimed in the application. 13. This plan for augmentation meets the statutory criteria for plans for augmentation, as set forth in C.R.S. §§37-92-103(2), -302(1), and -305(8), is contemplated by law and, if C:\FILESUEFFERY.2DE May 14. 1992 -5- operated and administered in accordance with the conditions hereof, will not result in an injury to senior water rights, and will not cause material injury to any vested water right or decreed conditional water right in the Roaring Fork River and the Colorado River. JUDGMENT AND DECREE 14. The conditions of the Stipulation in this case between the Applicant and the Objector, Board of County Commissioners of Pitkin County, dated August 22, 1991, are hereby incorporated in this Decree by this reference. 15. The Application for conditional water rights for the Teller Springs Well Nos. 2 and the alternate point of diversion at the Teller Spring Well No. 1 is hereby approved. This water right is described in Paragraph 4 above. The alternate point of diversion is described in Paragraph No. 5 above. An application for Finding of Reasonable Diligence shall be filed in 1-.11ru1i � of 1999, and six years after entry of any decree continuing the conditional war right, so long as Applicant desires .to maintain this conditional water right or until a determination has been made that this conditional water right has become absolute by reason of completion of the appropriation. This water right will continue in effect on the condition that the quantity of water be applied to beneficial use within a reasonable time, subject, however, to all earlier priority dates of others and to integration and tabulation by the Division Engineer of such priorities in accordance with law. 16. The plan for augmentation described in Paragraphs 6-10, inclusive, is hereby approved and decreed. The Teller Springs Well Nos. 1 and 2 as described in Paragraphs 4 and 5 of this Decree may commence diversions in accordance with this Decree and may be operated in accordance with this Decree without administrative curtailment for the benefit of senior appropriators so long as the terms and conditions set forth in said Paragraphs 6-10 and 17-22, inclusive, are fully adhered to throughout the operation of said plan for augmentation. 17. The Applicant shall cause to be released monthly under its above -referenced contract for water from Ruedi Reservoir an amount equal to the calculated depletion, plus a transit or stream carriage loss equal to the rate of 5.0 percent. Such releases, at full buildout are set forth below in Table 2. Applicant's actual diversions and irrigated lawn acreage shall not exceed the calculated diversions and acreage shown in Table 1 of Paragraph 8 of this Decree. C:\FILES\TEFFERY.2DE May 14. 1992 -6- Table 2 Augmentation Release Schedule Month Out -of -Priority Depletions (1) Ruedi Reservoir Release Schedule (2) January 0.265 0.265 February 0.239 0.265 March 0.265 0.239 April 0.649 0.265 May 1.915 0.649 June 2.269 1.915 July 2.203 2.269 August 1.548 2.203 September 1.343 1.548 October 0.696 1.343 November 0.256 0.696 December 0.265 0.256 Totals 11.914 11.914 (1) Depletions include 5% conveyance loss. (2) Releases lag depletions by one month. 18. Before full buildout, the Applicant shall be required to make releases to the stream system in an amount which represents the consumptive use associated with the number of units that are built and using water from the wells. Such consumptive use shall be calculated as the number of homes that are built, divided by 26, times the consumptive use totals calculated in Table 1 of Paragraph 2 of this Decree. The Applicant shall specify to the Division Engineer, at the end of each year, with a copy to the Objector James L. Rose, that number of units that will be built and using water during the following calendar year. Releases shall be made assuming that all such units identified are using water during the entire succeeding calendar year. C:\FILESUEFFERY.2DE May 14. 1992 -7- 19. The State Engineer shall curtail all out -of -priority diversions under the water rights described in Paragraphs 4 and 5, the depletions from which are not so replaced as to prevent injury to vested water rights. 20. No source of augmentation or exchange other than that identified in this Decree may be used by the Applicant, except pursuant to a separate application and decree from the District Court in and for Water Division No. 5 or pursuant to appropriate administrative approval. 21. This Court shall retain jurisdiction in this matter for three years following the year in which a buildout of 80 percent of the EQRs of the Teller Springs Subdivision project is achieved or from three years of date of notice that no more units will be built is sent to the parties who filed Statements of Opposition herein. In setting forth this period, the Court finds that such period is necessary to ensure that no injury shall occur to vested rights by the operation of this Decree. On proper petition by any party hereto or by the Court, the Court shall reconsider its approval of this Decree on the question of injury to any water right owned by the petitioner. 22. The Applicant, its successors, or assigns shall install, operate, and maintain any measuring devices as may be reasonably required by the Division Engineer to facilitate the administration of this plan and to ensure compliance herewith. In addition, the Applicant, or its successors in interest, shall prepare and submit annual reports on or before December 31 of each year to the Division Engineer and to the Objector James L. Rose (unless the Division Engineer requires otherwise) on the accounting form, attached hereto as Appendix A, describing water use at the development for that calendar year. As a part of said annual report, but in any event on or before December 31 of each year during the development of Applicant's property, the Applicant shall identify to the Division Engineer the level of anticipated water use for that year. The accounting form attached hereto may be amended by the Division Engineer on a reasonable basis. 23. A copy of this Judgment and Decree shall be filed with the appropriate Division Engineer and the State Engineer. Dated this ) J tt'day of 1.(14ii (4,13 C:\FILESUEFFERY.2DE May 14, 1992 , 199P BY THE COURT Thomas W. Ossola Water Judge -8- V - t 0 0 E q_ 0 U N V • E • • y . . / E O .tob m E a m Is �vii1 .3 CO 5 m = o v�''} .) Y � •c re C V U . to i- e t0L z 2 0 n �. F bq 30 • t •• D a S N E o• C o= o. J c:C N cc 0 M o %~ 4 L o m m , m t.. O ti A b C t t. a Y p= b r.. n o. 7 _ _ o ^ S 0 c v u 0 `fig c o 3t 5 a o.c `0 o u E E m^ mE U 0 E r� n �• to A o + w. 0• n b c E o 0 C b E in o �. "I U 33 111 7, g r E .m "o m c, c 21115@.. 0 t9 0 d U CO co o .0 O C) iiiA O 0 d C M E 2 a— o .0 0 c IA n m 0m i 3 CO .c `.. o _ L D. o • o D 03 aim. - n vi o 3 E o Cf 0 C of E 5 o o c S r$ n c o 0 co . c O O Ci Q. O. to . C L v a °f c tf o c 0 to o E �. G� o o .c g E 1 —' E p q Z o e to c b 7 U o °f c ta°� '" N E = D $ L B y n o •-.. ro= c f+ u o C • 0 o .0 m o o y m .2 T D E_ E I = -'1 e B m E g�I >A Z= C L 3-s M N 5 O m o 'o c E g rQu1 o ` Em' y 6 x Z 6 o m 'g m c m Q Z_ ~ c t; 6 v o 0 W 6 t= 5 V , `n . to Q c o w s E `o Z m < E.� $ O 3 O= E � o ,•c Z a i o ? a-6 g : 13 (13) COMMENTS • • • "? 7ifitAt Kt' trVkir • V�. No. OF HOMES: LAW (12) AUGMENTATION RELEASES FROM RUEDI RESERVOIR (9) (10) (11) COLORADO RIVER CALL ? • d V. m„„. 4 y t .. CO Z ❑ 1` ([ d U.I CP, ^.w.j GWS -25 APPLICANT v. . .vL v1 1 1 1L_ J 1 r1 1 L. 11 V11 '1 L.. u1 1 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 634 WELL PERMIT NUMBER 038662 _ F - DIV. 5 CNTY. 2 3 WD 3 8 DES. BASIN MD ROSS JEFFERY P 0 BOX 1693 GLENWOOD SPRINGS CO 81602 CHANGE/EXPANSION OF USE APPROVED WELL LOCATION COUNTY GARFIELD NE 1/4 NE 1/4 Section 13 Twp 7 S , Range 89 W S P.M. DISTANCES FROM SECTION LINES 2 9 0Ft. from North Section Line 890Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) Approved for the expanded use of an existing well, approved for use under permit no. 38071-F. Issuance of this permit hereby cancels permit no. 38071-F. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River as an alternate point of diversion to the Avalanche Canal and Siphon on the condition that the well be operated only when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. 4) The maximum pumping rate shall not exceed 60 GPM. 5) The average annual of amount of ground water to be appropriated shall not exceed twenty-two (22) acre-feet (7,169,800 gallons). 6) The use of ground water from this well is limited to municipal purposes in a twenty-one lot subdivision known as the Teller Springs Subdivision, plus one single family dwelling adjacent to the subdivision, the watering of domestic animals, and the irrigation of not more than 5.25 acres (228,690 square feet) of home lawns and gardens and open spaces. 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The owner shall mark the well in a conspicuous place with well permit numbe name of the aquifer, and court case number(s) as appropriate. He shall take necessarymeans and prpOtitiohsf2Serve these markings. APP ROVED: GR State Receipt No. 0323748 DATE ISSUED RPR 16 1991 ---&„..-7 C.-12... /61101-44-1. By EXPIRATION DATE A PR 161992 Form N'o. GWS -25 • APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 038071 DIV. 5— CNTY. 2.3_ WD 8 DES. BASIN MD ROSS JEFFERY P 0 BOX 1693 GLENWOOD SPRINGS CO 81602 PERMIT TO USE AN EXISTING WELL APPROVED WELL LOCATION COUNTY GARFIELD NE 1/4 NE 1/4 Section 13 Twp 7 s , Range 89 w _s_ P.M. DISTANCES FROM SECTION LINES 29 0 Ft. from North Section Line 890 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDI-IIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) Approved for the use of an existing structure, an observation and monitoring hole. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River as an alternate point of diversion to the Avalanche Canal and Siphon on the condition that the well be operated only when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. ) The maximum pumping rate shall not exceed 60 GPM. The average annual of amount of ground water to be appropriated shall not exceed twenty-one (21) acre-feet (6,842,850 gallons). The use of ground water from this well is limited to municipal purposes in a twenty-one lot subdivision, including ordinary household uses, the irrigation of up to five (5) acres of lawns, gardens and open spaces and the watering of domestic animals and/or livestock. The existing well shall be located not more than 200 feet from the location specified on this permit, and more than 600 feet from any existing well. A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. He shall take necessary means and precautions to preserve these markings. GRG 12-1'3-Gic) APPROVED: a - / amidi_. . GRG 66u--e—ls7(-314 � State Engineer A By Receipt No. 0319897 DATE ISSUED DEC 41994 EXPIRATION DATE 0 E C 141991 ROY ROMER Governor DIVISION OF WATER RESOURCES WATER DIVISION V ORLYN J. BELL DIVISION ENGINEER P.O. BOX 396 1429 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81602 945-5665 December 17, 1990 MEMORANDUM TO: Glenn Graham, Ground Water Section FROM: Dwight M. Whitehead, Water Commissioner (Wells) RE: Ross Jeffery, Application Receipt No. 319897 Determination of 600 -ft. Spacing JERIS A. DANIELSON State Engineer On December 13, 1990, I conducted a field inspection at Teller Springs proposed subdivision to determine if any existing wells are within 600 ft. of the proposed well (Application Receipt No. 319897), and the following was determined: 1. Currently the well does exist and was constructed as a monitor observation hole (MH -16939); see enclosed Pump Test. 2. There are no wells within 600 feet of the proposed (existing) well. 3. It should be noted that there are several adjudicated springs within 600 feet of the proposed (existing) well. I hope this information is helpful in the review process. Feel free to contact me if you have any questions. DMW/n ch Encl. J &-M PUMP COMPANY 0241 Cowry ROAD 167 GLENWOOD SPRINGS, CO 81601 (303) 945-6159 Ross Jeffery P.O. Box 1693 Glenwood Springs, Co. 81602 Attn: Ross, A 24 hour well test was performed by J & M Pump Co. on the property located on the back road between Carbondale and Westbank. The following results were obtained. Well: Pump Setting Water Level: Water Level: Sustained Yeild: Pump: 36 33' 11'-2" (begining of test) 19'-10" (end of test) 70 GPM 16S20-4 Grundfos Submersible Pump A step test was performed in the first hour of the long term test. Three other sources of water were monitored.during the long term test. They are as follows, Doug Miller Well: Water Level 8'4" (begining of test) 8'31/2" (end of test) O'Niell Spring #14 Weir measurement same throughout test Pond Weir Flow measured just below 10 on its scale throughout test No fluctuation was observed at any of the sources listed above. The step test was performed at four different stages of pumping, starting at 15 gpm, 30 gpm, 45 gpm, and 60 gpm. Each of the tests lasted 15 minutes. The final flow was ipereased to 70 gpm 4 hours after the test began. The 70 gpm ,flow lasted until termination of the test. Recovery information was obtained upon termination of the test for a period of 21/2 hours. -Final measurement was 11'3". If you have any questions, please feel free to call, 945-6159. Thank You. J & M PUMP CO. &f1014141 44( Richard A. Holub Lic. No. 1196 J & M PUMP COMPANY 0241 COUNry ROAD 167 GLENWOOD SPRINGS, CO 81601 (303) 945-6159 11/1/90 Time: Depth 9:00 11'2" 9:05 12'0" 9:10 12'5" 9:15 12'6" 9:20 13'3" 9:25 13'4" 9:30 13'5" 9:35 14'6" 9:40 14'7" 9:45 14'7" 9:50 15'10" 9:55 15'10" 10:00 15"11" 10:15 16'2" 10:30 16'7" 10:45 16'9" 11:00 16'9" 12:00 16'9" 1:00 16'9" 2:00 17'4" 3:00 18'6" 4:00 19'2" 5:00 19'2" 6:00 19'2" 7:00 19'5" 8:00 19'6" 9:00 19'7" 10:00 19'7" 11:00 19'8" 12:00 19'8" 1:00 19'8" 2:00 19'8" 3:00 19'8" 4:00 19'9" 5:00 19'9" 6:00 19'9" 7:00 19'10" 8:00 19'10" 9:00 19'10" 10:00 19'10" GPM 15 15 15 15 30 30 30 45 45 45 60 60 60 60 60 60 60 60 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 24 Hour Well Test Recovery Time: Depth GPM 10:01 14'6" 10:02 13'8" 10:03 13'2" 10:04 13'0" 10:05 12'10" 10:07 12'8" 10:09 12'6" 10:11 12'5" 10:13 12'4" 10:15 12'3" 10:20 12'11" 10:25 12'1" 10:30 12'0" 10:45 11'11" 11:00 11'91" 11:30 11'71" 12:00 11'51" 12:30 11'3" CNE 7 AS7T :377S SC- ETH:c' RANEE 7:SS .7 .-•.7 EP 2r2 377:NSS E ES EXPLANATION OF CODES WELL PERMIT FILE NOVEMBER 1990 ACTIVITY CODE The codes in this field relate to PRIMARY STATUS WHICH ARE THE MAJOR ACTIONS, APPLICATION, PERMIT, DENIAL etc. AP = AD = AV = CD = CO = CP = EX = MH = NP = TH = TW = STAT CODE New applicaton received by Division of Water Resources. Application denied. Denial number placed in Permit Number and date placed in NP date field. Verbal approval granted to construction contractor to construct well without permit being issued (replacements only). Change description of acreage irrigated (Designated Basins). Application to commingle wells (Designated Basins). Amended permit under HB -1111 to allow household use and the watering of non-commercial domestic animals. Well permit expiration date extended. New date place in NP DATE field. Monitoring hole notice of construction. Monitoring hole file control number placed in PERMIT NUMBER field. Well permit issued. Permit number entered in PERMIT NUMBER field and date issued entered in NP DATE field. Location of uncased test hole. Code no longer used but remains in the system. It was replaced by MH. Location of cased test hole. Code no longer used but remains in the system. It was replaced by MH. The codes in this field relate mainly to INTERMEDIATE STATUS of an application or permit. It will also show final disposition such as SA for statement accepted and AB for abandoned. AB AR AU AH CA EP NS PI RC SA SP SU SR WA WU = Abandoned well. = Date application resubmitted to the = Application unacceptable. Returned = Date hearing scheduled = Cancelled application/permit. = Expired permit. = File is complete Use required. = Pump installation report received. = Record change. A portion of the file = Statement of Beneficial Use accepted. = Date Statement of Beneficial Use received. Date Statement of Beneficial Use sent to owner for correction. = Date Statement of Beneficial Use resubmitted to Division of Water for an exempt well. Division of Water Resources. to owner for correction. No Statement of Beneficial was modified/corrected. Resources. = Well completion = Well completion report received. report not acceptable, returned to contractor. TR CODE Used as a tracking code for counting all activities in the well system. The code for the latest action entered to the system is placed in this field. WELL SYSTEM USE CODES FOR WELL STRUCTURES The well may be identified by several use codes if the need arises. The first code Identifier Is the major use, followed by successive uses except for the following codes which are to be keyed into the last or 1M position from the left. CODE TYPE A AUGMENTATION. ALL WELLS IN AUGMENTATION PLANS ARE TO BE CODED WITH AN "A" IN THE 10TH POSITION. FIRST POSITION IS THE ACTUAL USE OF THE WELL M MONITORING WELL (PERMITTED). KEYED IN FIRST POSITION AS "O" FOLLOWED BY "M" IN THE 10TH POSITION. Z HOUSEHOLD USE WELLS ISSUED PRIOR TO HB1111 THAT HAVE BEEN AMENDED PURSUANT TO (3)(b)(II)(b) BY $25.00 APPLICATION. FIRST POSITION CODE IS "H' FOLLOWED BY A "Z" IN THE 10TH POSITION. L PERMIT ISSUED UNDER PRESUMPTION (3Xb)(II)(A) FOR DOMESTIC/LIVESTOCK USES AS THE ONLY WELL ON 35 ACRES. FIRST POSITION IS EITHER "8 DOMESTIC' OR "9 LIVESTOCK" FOLLOWED BY Z" IN THE 10TH POSITION. JANUARY 14, 1991 PERMITS ISSUED UNDER (3)(b)(I) WHERE WATER IS AVAILABLE ARE CODED FIRST POSITIONS AS NECESSARY WITH THE ACTUAL USE. HB1111 DOES NOT APPLY TO THESE WELLS. G GRAVEL PIT WELL PERMIT. THIS APPLICATION (PERMIT) IS CODED AS AN "O" IN THE FIRST POSITION WITH "G" IN THE 10TH POSITION. C CLOSED LOOP GEOTHERMAL WELL FIRST POSITION IS CODED AS A "G" FOR GEOTHERMAL. P GEOTHERMAL PRODUCTION WELL FIRST POSITION IS CODED AS A "G" FOR GEOTHERMAL S OTHER TYPES OF HOLES CONSTRUCTED -ESPECIALLY FOR CATHODIC PROTECTION. T TEST HOLES PRIOR TO 1988 CONSTRUCTION RULE MODIFICATIONS SOME OF WHICH HAD NO NOTICE OR FILE NUMBER. 5 IDENTIFIES THAT THE PERMIT WAS ISSUED PURSUANT TO ARE FOR THE ACTUAL USE(S) OF THE WELL The codes listed below aro standard codes to be used in normal processing. Again by lesser uses and special use (above) in the 10th position. OLD NEW ALPHA CODE CODE CODE USE 6 1 I 8 2 M 4 3 C 5 4 N 9 5 R 9 6 P 9 7 F 1 8 D 2 9 g 9 G G 0 H H K K 9 0 0 R E 9 X X E E CROP IRRIGATION MUNICIPAL COMMERCIAL INDUSTRIAL RECREATION FISHERY FIRE DOMESTIC LIVESTOCK GEOTHERMAL, HOUSEHOLD USE ONLY SNOWMAKING (LETTER) OTHER RECHARGE ALL BENEFICIAL USES EXCHANGE AND AUGMENTATION SENATE BILL 5 (137 (4). FIRST POSITIONS the first code is the major use. It is to be Allowed RCY ROMER Governor Memorandum OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 January 14, 1991 To: Division Offices, Ground Water and Information Services From: Richard Bel Subject: Addition of a new code to the Well System Attached is a copy of the codes used in' the Well System. JERIS A. DANIELSON State Engineer In order to begin to differentiate permits issued under Senate Bill 5 (137 (4)) wells, it is time to add a new code in the use code area. This is to be done as follows: The use code field consists of 10 characters. The first 9 characters ,ire to describe the actual use(s) of the well. The 10th position is used to further differentiate uses. The entry of a number 5 in the 10th position will identify those permits issued pursuant to the above statute. This will greatly assist us in extracting non-exempt permits issued inside the Denver Basin. The number will be added at the time the new permit is entered into the data base. RQY ROMER Governor 0•Cp—,q a -- j0. 1876" OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 December 13, 1990 Mr. Andrew McGregor Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Teller Springs Subdivision Preliminary Plan Sections 12 & 13, T7S, R89W JERIS A. DANIELSON State Engineer Dear Mr. McGregor: We have reviewed the above referenced proposal to create 21 residential units on 175.265 acres. The proposed water supply source is a central well. The applicant has submitted a Water Allotment Contract with the West Divide Water Conservancy District. Unfortunately, the copy submitted indicates that only 19 acre-feet have been contracted. We understand that a new contract for 21 acre-feet of replacement water has been obtained from the District. The West Divide Water Conservancy District operates under a substitute water supply plan approved by the State Engineer. A permanent water augmentation plan has not been'approved in Water Court. The proposed subdivision is located in area "A" of the District's service area where problems with intervening water rights are not expected. It this case, however, the adjacent landowner, Mr. James Rose, claims that his right to the O'Neill Spring and Pipeline will be injured by the proposed well. In our last letter dated October 12, 1990, we concluded that the Water Allotment Contract would be sufficient to protect senior water rights as long as the water supply was developed from a central well located east of the Robertson Ditch. Unfortunately, the geotechnical information recently made available indicated a very low probability of drilling a successful well between the ditch and the river. Therefore, the developer decided to construct the test well west of the ditch on the proposed lot 20. We understand this location places the well 540 feet from the closest O'Neill Spring (No. 14). We have thoroughly analyzed the November 15, 1990 water supply report by Mr. John Currier and the comments made by Mr. William L. Lorah, dated November 29, 1990. Based upon these reports and field investigations by our Division Engineer, Mr Orlyn Bell, we do not believe a central well at this location will injure the O'Neill Spring. In addition, should pumping of the well begin Mr. Andrew McGregor Page 2 December 13, 1990 impacting the O'Neill Springs in future years, the applicant could deliver sufficient replacement water (from the contracted water in Ruedi Reservoir) from the Roaring Fork River to the springs via the Robertson Ditch or direct pumping. This could be accomplished via a substitute water supply plan approved by the State Engineer or a plan for augmentation approved in Water Court. We are concerned that neither water storage tanks nor a back-up well are proposed for the central water system. Also, as we stated in our October 12, 1990 letter, we would recommend that the water system be installed, or at least bonded by the developer, to protect potential lot purchasers from unexpected additional expenses. The Water Allotment Contract should be conveyed to the Homeowner's Association. The Association should have the power to enforce the limitations on water use in the development. Assuming a contract for 21 acre-feet has been obtained by the developer, diversions within the development would be limited to 1 acre-foot per lot per year. This is sufficent water for ordinary household purposes inside one single-family dwelling, irrigation of approximately 14,000 square feet of lawns and gardens, and the watering of a small number of domestic animals (2-4) on each lot. In summary, we can recommend approval of this proposal once a Water Allotment Contract for 21 acre-feet is obtained and the above described concerns are addressed. Sincerely, aLl. / al D. Simpso P.E. Deputy State Engineer HDS/JCM/clf:4644I cc: Orlyn Bell, Division Engineer Bruce DeBrine Chuck Stoddard John Currier