HomeMy WebLinkAbout3.0 Satisfaction of Conditions• • JOHN L. TAUFER & ASSOCIATES, INC.
Landscape Architecture I L and Planning
September 10 , 2002
Fred Jarmen, Senior Planner
Garfield County P lanning D epartment
108 8111 Street
Glenwood Springs, Colorado 81601
Re: Final Plat -Gabossi Exemption
Dear Fred,
Attached are the following documents regarding Final Plat approval for the Gabossi
Subdivision Exemption ( original Exemption request).
• Gabossi Exemption Plat (Mylar) -Signed by Surveyor and Deputy County
Surveyor (Required Plat Notes on Mylar Plat)
• Water Augmentation P lan -District Court, Water Division No. 5
Case No. 97CW162
• Well Permits, Well Pump T est Results and Water Quality Results for the
following wells:
Gabossi Well # 1
Gabossi Well # 2
Bowles ( Wagner ) Well # 3
Bowles (Wagner ) Well # 4
• Colorado Department of Transportation State Access Permit for Lots 1 and 2
• Garfield County Road and Bridge Access Permit for Lots 3 & 4
• Access and Utility Easement Agreement for Lots 1 & 2
• Access and Utility Easement Agreement for Lots 3 & 4
• According to the Garfie ld County Assessors Office , the property is situated
within the Glenwood Springs Rural Fire protection District boundaries.
• A check for$ 600.00 for school impact fees.
Please review this info rmation and schedule the Gabossi Exemption Plat signing with the
Garfield County Board of County Commissioners for Monday July 16 , 2002 .
Thank you for your cooperation regard ing this land use application .
Sincerely,
John L. Taufer, Owners Representative
Attachments
909 Colorado Avenue • Box 2271 • Glenvvood Springs .CO 81602
(970) 945-1337 e FAX (970) 945-7914
r ' FEB 27-2001 11 :33 PIT KIN IRON CORP. • 97 0945021 2 P.~~
nvr .Fl as :;s : 3-.p 945-~ p.2
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DisTaICT cOORT, WATER. oivtstoN No. s ,.-CG!.Q~
ou;;e No. 97CW162
~ULINC OF REi"!:llEE
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I.lll nu: KM'TER OF THE APPLICAT!Oil: l'O:R SUR.FAci: 'IQ.TD .R!GKT;
WATER R!Gtrr A)tl) PLAN FOR. AUGM!.NTM:IOK OF: · •
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~~.i\T?! OP '001..0't'lrl t . BOWLES
IN t;;AAl'I'EI.tl CotrNT'!, COLORADO
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Th& aoov~ eni;i.t.led Application was !iled in .Juiy ·cf · 997,
a:&SE-ndad and was reter:ed to the underslqned ~s W.tu.-Sieter~ : tor
Wat~L Division No. s, 3tate o! Colorado, ~Y the wa~cr ~~ ~ . ~aid
cou...-t in accordallce vitb Article 92 of Chapt•r 37, colotado Jr · sed
sta~~·~ l91l, ~wn As the Water Riqht Dvteoa.ijnati,. ·· · : 11nd
Ad:!:lil1J.£t%'e.t.ion Act of l SI 6 SI . · · · · I : · · · :
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The unders.1Qn*1 rsfar" bav·ing ~· sud\ i.n~$t~llt.i~ii · : a:-e
nei::assary 'to deterthj._ne 'lllhet.he:r Ol:' not the $tatements in: tho · · ded
applicatl.ott are 'l:rU• and havin9 b9come t~lly advued -.f:i. th ~ct
~the 5\ll:lje<:t JDat-ter of th.e Azu.nded APPlicat.ioa c;\oes \tiere · iiaake
tb~ follovi1:19 detenli..Mt.ion in this matter, to w.it: ' · · · :
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l. The statemenu in the ~Old.a. 4'pplieation are tru~ j .. ! :
--~-~tl..me.1 add~ and telcphane nuDlber ot Appl.i.cam:: , , !·.
Dorothy t,, Sovles E$tate ! ) ; ; ·I
c/o Terry OUprAy, Arlminist.-at.or : ; 11
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44523 Hiqnway 6 : ~ ! :
Glenwood sprinqs, co 8160~ i I
c/o Silli.9-"Burchfield Ii: l
Atto4noy ~or Appl.iea~t ·
802 Grsnd Av•nue, iw.te 30!1 '.: . ~l
Glen~ Sprinqs, co 8160~ ; · . :
{970) i45-U8l0 :~ db
l. Tilaely st:it~u o! OppO•ition were filed on behali o! .. : Mc:
Kennis and ~he WilliaJnS can~l. C:OZDpQny. th• Ruling herein i&dd · s•s th~ cc:>n~ern$ of tb~ Opponents. "4he tilrie for filing st~t·ittD~~ of
05190sl. t.l.oo ha• expired. : · : . ii · ·
'-. The Appl.ic::4llt request:s 1:t'..at. the tollowill1; Cla.1%1\5 ~+ a~~ed: 1
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L'&g. 2 CA•• !Jo. 97CW16~ Divisi.on 5 watar Ol'IU:t
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9.
SUUACZ WATER R.Ic;a'l' I :
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u.gal description ot point ot diversion: The pain~ of ; } ,
d.iversioo. .Era&• na~ural ~ldl knovn a$ aovl.e• euicA: is ~ -at~
at a po.i.ot a said n&tural. qulch f?"Olft whence the Wnc l'l.'l"llll'l'"'f"
Co:u•r of secti.gii Ji, Tawncip s south, Ranqe oo West
Name of Strueture: Bovlea-I)ive'°sioc
~th P.M. J;)ears south 40•29' wegt ll.S.a.2a . ~eet. · ·
Som:~e: Th~ .source or the . water ls troa the seepafje, ..
and drsin411e iu ao"'l•$ c:ulch,. tributary to the ·c:o1o~adc :
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Da.te ot initiation of eppropriation: . ' : i .July a, ;1997:, ; .
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pro%a$~ion&l on9ille~
initiated: By consultation vi ,h
and 4:1 intent to app:ropr:iGte ·. · ~i
1 N/A ~ta wate" appliedtobeDeficial u.se:
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Amount clUm.ed: 0.5 c.!.s., conc;titlonal
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io. P1:0p0sed use~ DoiHstic, liv.lStcck water~.
!J.re p~otQCt1on and s~raqe i.n Bowles Pond,.
wildlife vat.;,=~;, First 4Qlarg' · t..
, 11 ·
1l. l'aM-~lld ~acs ot QWllcr o:f uad on ~hic:h
alX!. pla.ee of uae are loca~ed: Applif::~IJt
CLAIM NO .. l
point ~~ div ion
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l2-~e ot structure: Bowles Pond, First Knlarqement
lJ. L~al descript~on o! place of scor49e:
The ~enter . Qf Bowles l'Qad is in Swction 15, Township s· .. th,
~~e 90 West ot the 6t.n ~.M., at a poin~ 1000 ~eet trb~ :the
W'est cect.iou l.ine &0<1 1.750 fe•1:: !rom tile Nort.h. se<:ti<m ti e Of
.said S•~tion 35. · ; f .
1-t. Soure6! Th• :source o! t:he W'at•r t.o f.ill 9ovl.es Po~d ~· 1 Bowles Oiversion -.ih.ieh collects t.he spring, run-off esnd s~
W4.ter in Ao\11•~ C:ul.:h, t;riOtit .. ry to the color•do River·.
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FEE 27 2001 11:34 PITK I N IRON CORP. 9 7 09450212 P.04 • 9-45-·
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P~e l CB:se lfQ. 97CWU2 Oivicio.n s W&~er ~Yrt
is.· i)a.te of initiation o! 4PP1='0.Pt'i&tion: July a, l997 i
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Bov. a~r:opriat..ion was iltitl.at.ed: By consult.tt.Lon ~th ~ i :
~of~ional ec:rJioear and Gn illtent to oppropTiAte : : · I
~to water applied to hee~iai.Al use: NIA
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16 . .i\llSOunt clailned& ~.s AF, conditional, with the. right~ 1 ill
~Del ~efill i~ ~iority.
:i.7. ~SK clAiJlled; Fish c:ultu=-e, livestock and wildl.ife
111atarinq, fire pratacti® and auqment&tion. ·
18. Surf4ce area .of hiqh vate::-li!!e : o.•o Acres
~ haiqht. ot dam: l1 feet
!Anqth of daa: . ios t~t
l.9. Tobal caP4c:.ity: 2.s AE
~i~ Gto~ge ! 2. 5 AI!
· l)ead-storai;e =-' · -o--
20. U..lfte aud cuo!dr~·s o:f c:i'Wlle:r of land o~ wh.i.c:h st.ruct."1i'e
located: J\ilplic;~t
CLAnl NO. 1
PLAN !'O~· .AOCHal'!A'l'IOlf
:u. STitOCl'URSS · '?Q ~ AOGl!IENtzrl:
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.tklwlas 'lof8ll Nos. l•6; said wells "liil1 be loc:Gted =cn
Appl.ic:ant'-s 150 4cres o! land ~Gnerally lo<:«ted in i the!· 1t
gf Section 35, 'fowQ~p 5 St;mth, Raiiqe 90 West ot the :p .M.
and ®rs parti.cW.atly d-=~~ritl.d in aook 2oe ~t ~age 1'0 -~ the
Ga::-'fi•ld County Clerk and Recorder's Otfic:e. '. . ;
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::2 2 • USES TO BE. AOGM!ln'SD: . i1 ·
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.Domestic iD-hous• use in lO ci.n13le taJll.ily dwelli.nqs i
23. SOURCE OP A'IJGM2NTAT!ON WATER: l
Storaqe vater in Bowles Poild. First £nl .. rge1\lent as ~ppl.i+rt for
herein. · . f
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P~c 4 case Ko. 91CWl52 Division S "'9.ter Court
J.4. Pl.121 ~ AOCMPITUIOM: j ~
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~liean~*s e?iginUr baa detensiAed that domestic in•.b ·
111 th.1.rty ( 30) si.ngle taaily · 1.mits will -resul.:t in : G:i J' : l
depl.etion t.tt ~ colorado liver ot 1. 20 ocre f"t ~or J:t : AF
per lllO!lt.h. Der;>letioi.s are 1-sed on an occupenc:y 9t: i~: ;
per.o.C4' i;ier wil.~ uai09 of 100 qallon.s o~ v.ter ~x-: p. . • T • per
day utiliz.inq septic Un4ts anci leach f.1.elda vhich ~ r11cu · in
eotiSU11ptive use o: lOt. · ·
Applicmit's
ev4porat:ion
to~ l7.2l
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enc;iiaeer r.as also dateminud t.Mt; the ! n~t ; :.
los~u trom uie ISUtl&cai gt K4.l.d pond is. e:·~ .. ~:ted.
inches per yger 4s S:oll.ows:
MOnUi Net li:V~ration ~st.le Lou es Total
Loc~4s 1n M
;j-&nuary 0.024
F~~ 0.032
March 0.064
April O.l.ll May 0~160:
.June 0.200
.ru.ly o.2oe
AUqust 0.176
s~ O.l:ZS
~~r o.oao
Nov~ 0-040
Docember 0.024
Total l. 2.48
in AF iII :AE
0.1 0 .12'&.
0.1 0.111
0.1 o.iu
O.l o.i1·2
0.1 O_llfO
O.l 0. ~():0
0.1 a.Joe
O.l o.~76
0.1 o.f2e
0.1 0 .. 80
0.1 0. 1"4'0
0.1 0. i:t4
l.20 l.4...a
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At suds tillles a.1: thero ls a val..id "Call• oa c:any~a '. c:):i : or
t."ie Color&do . iU.V&r l)y llDldars ot aenior vataci" va~t: ~· ts.
rel~sas ot water vU.l tJe •de tram Bawles Pond, First. blMi';HmMmt
1.nr.o canyon c:r"Hk ta c0mpensate for tha depletions ca~~i . ; the
de+ne~tic u&• ~ffi;ribed llDove and the ev1Sporn~i~ loss~ ~l'brq · :wies
PQr.~, rirst EnlArgement.
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Tb.e ~eferee, having enmined the intoraat.1on ~ubnii:.t:~ ; the
Appllcane, and hia~ completed the investiqations n~~• · _to
ma:Ue a dtterzination in thi~ JQ4tc.r; does therefore concl~t! tbat
~hQ claills in the e.Dove entitled Application shculQ be,! an~· · . eby
~=e, . ~&ntad. a;; :110'-'?1 abOva, SUBJECT . HOWEV'D, TO ALI,. , . ID
l?R!ORITY QI<:;KTS OF OTH2RS and to tl'tfl i~a.eion and tatxI14:~. Jl by
t.hQ Divi~ion £n9iaaer o! sue~ priorities in accordaoce!vith;1 ~v. . . i
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Po90 5 case NQ. ~70ll62 Oiviai~n 5 Wat.er COurt. i ·:I :
~l.icati0Z2 tor o ri~ 9! R.ca.cnabl• Oillgoeneja · ~. ~ ha
tilea in th•· .....-JDCntll u the o.cree bere.1.n i& entered. ~ ; six ~r ~ a..ft:..ar ~ entry ot tne iJGC:tee herein so loag e.~ App cant
<1osi:-•• t:o maintain the conditional wa~.r ri.qhts h•r•ll !l . ... . or
u..n~il 4 ~e~riaiD4t.i.ou h.&~ bean llUld.e thae such c:ondltidn4l i qhts
are 1118d• absolute by reasoi:i ot the COllPletioq ojl l : the
app.?:'Opriations, or Are othervi~e dispo•od ot. ' ! ; . .
The Plan for Auq.mentae~on .requested rill iiot iinj~i aly
e.f feet. th• ownlU'5 o! or pe.rson entitled to use "'lite~ under a! . t*1
vator :ri9ht or e dec:r.ed cCD~tic04l 'Water r!4ht, •n.d eh.is: Pi . f!or Q~911'cnt4t..io.n i3 &pfj)rO~~ ill •CCO~da.nc~ witl1 C .~.S. 31-~2•3?5 ~).
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Pu.rsU4ne c.o c:. a. s. 37-9~-30~ (a) , The State Engl.n~J;" . . · the
Di visi¢n. £.09in~ M.Y l4vtall y be :taqui.red. under tlie te~ ~ . this
Rul!nq ~o curtail out-at-priority dlvers1ona trca Appl1c4n't'$' ~lls
an~ pond at. &ny time 'fhen ehe consumptive U$e ~~socµ~. "ith
Applic4nt's diversion. exceed th& u•t &JR0W1t of replac:emene ; tar
avail~.ble ~nder thi..s p1an tor .:..~Utioii. ; ; · 1.
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Prior· t.o· op11r11tiQO ot O\ese well.s for the proposed. ;ua:e&~' -\Jell
perird.~Q ~sGued. pur~uant to c.~.s. 37-~0-137(2) and this p~~ !or
auqmen~acion must. be Obt:.aincd. ; '. · \ ~
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Applic:a.nc s.Mll d•V.lop • mccdlly ac:eoane.iDg form aatis-f ~ toey
to the Ci viaiOQ . ~neer and shall keep a amthly accpun · : · of
divQr4ioas and depl'~tJ.ons as require4 by t;h• Oivi~ion 5;n~.
The Applicant. shall. 1.nat&l.l such iaeasuri.ng device. 4:s i : y be
r=quired l)y the 1'1'1Uion onq~c:er to f!le:J.l.it.Ai:e ~· o~A ~~ ot
this pan f9r out;aont.ation &114 · A5s~e ~l.ianc:a ; Mrf! ~.
Applicant st\.llll d$aiqnat. & hollleovnar-repres.ent.atiYe ~~pc;~ ible
tor !1l1.nq an annual repon v101 tne Divlslou ~nqinee.r ~ lf . r l~th o~ ucil year 5ummarizinc; diverslons and replac~~a f niade
und"?: .this plan. : :
Noth.i.DO hel:ein Shall requ1:te tne Willi4JDS cana.l COmP~
.bypass vat.er .into sovles Gl.lli::ti ~or t.he purpo.se ot provi,'dincJ:•
tor t.he Bowles Di.version. J3Qwl-= "Pond, P'irst Enle:rqement :an.df.
Plan tor AUg?Mnu~ion <1~cr1bea above . some ot the water .µ.,:a : l•li
Gulc:h iay~ ~.sua veter spilled or der i ved :!roti ti1.e Will.Jj41!ls ; ¢· nal..
ay •ppropn.•tl.Xl9 o:! seepage, run-of.! and drainage in So.wl:es -· lch
a• ~laimed in the Amended Application .t.ilad herein, Ap.pli.1c4ilt : C1oes
n~t obtain .~e rignt ~o compel Ole conci.nuation o~ v~a~~ ~ tar
~.;.se!':~rq~ into the BOWles Gulch by Williams C:4n4l Conpany. · : 4511:.e
"a~r dicc:h.u'tJe5 tiy .the Willi~ can&l Company mayt>a <tiscoat: nued
or altered. in t..1.:n, ~tmt., or locar..ion o~ 4ny tae for any I:'•: $On.
Nothin9 heX"e.1n shail prnvent Appllc:4n~ trOBI c;41llinc• for deliv Y o!
any ownership int•res~ h~l~ by Applicant as shares in ~he wil ,i4ms
canAl c01ap4ny. I I ·
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. FEE 27 2001 11: 35
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JUTchticl.d
M.c:X.!tmis
lle?111Wldi1t&d
Plfk!N IRON CORP . •
0St09l80l6
9 '?0'345 0 2f2 I-'. I~!'(
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• rn Tl(;; nr:;-rrucT COURT IN l\ND FOil
lt'ATEll DIVJ5TON 110. 5
'll ;ED l
IN -;\TE°r< c:;:;:u I
Ulvi~iun t.ju. ;, '
n'i'ATE m · COLORllDO
CAS1: NO. W-~
IN ·rm: twrrER OF T!IE
APPJ,JC:ATION FOH
WAn:n ll!GJM'S OF
·LARRY BCMLES
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IN THE COLORADO
R1v;;11 on ITS TRIDUT.fdUES
TRIIlUTAl?Y lNvOLV~D:
I~ . GARFIELD COUNTY
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RULING OF THE. REFEREE
ABSOLUTE DD::REE FOR
UNDEfl GROUND WATER ~IGIITS
And the Referee having mar.le the i nves ligations required
by Article 21 of Chopter 1118 1 C.ll.S. 1963, as amended doea hereby
make the following ruling, to wi .t:
This application JolaG referred t o the Water Referee of
Water Division No. 5 on the 12th day of July 19/2 • . -r -
Larry Bowles l. ·Name of Applicant --
Ad<li'ess 819 Grand Avenue -
Glenwood Springs, Colorado
· 2. The name of the structure i s Bowles Well
3. The Legal description of ~he structure is:. The well is located
in the NW~ of Section 35, T. 5 s., R. 90 w. of the 6th P.H.
at a point whence the Northwest Corner of said Section 35
bears N, 41°47 1 13~ W. 2010.11 feet.
11. The depth of the well i s 50 feet. 7'1 -78:?0
. :::z. -=-/ If 9 B . S '1 ...-v-0~7 -r.
?: :: I .] .3 1 . 3 G" .:F 'I Wes T 5. The date of initiation of appropriation is March 14, 1972. ·
6. The amou_nt of water claimed is· 0.033 cubic foot pe0 IS" 9 <:..\\u...._~·
second of time. _J -r "-............ ·~-\-<...,. 7. The ase of the water is domes tic.
8. The State Eng i neer's ~umber is 52966.
9, The Pri ority date is March 14, 1972.
10. The date of the application wa5 J une 3 0 , I 9 7 2 ;
It is the ruling of the Referee t hat the statements in the
application are true and that the above de s c r ibed water right is
approved and granted the indicated priority ; oubject, however, .to
all e~rlier priority rights of .others.
It is accordinr,ly ordered that ·thiu rul i ng shall be c ome
efrcctivc upon filing with the Water .Clerk, subject to Judicictl. revielt a~· provided by law.
~ · Don~t the C.i ty of Glcn)'o_od Springs, Colorado th i .., ~ d11y Of .dl!L,~kc I 197~:
····· -. , :.a -::.~~.·:_.;._.., r .-·-,'I "
TO TAL P .08
• • JOHN C. KEPHART & CO.
GRANn JUN[TION lAHORAIORlf~
435 NoATH AVENUE t PHONE! (970) 242·7618 t l'"AX: (970) 243-7235 t GAANO .JUNCTION , COLORADO BISOI ---
Received from:
-ANALYTICAL REPORT -
J L M Pump Ca. cc:
Rick <970>945-6159
8611 -117 Raad
Glenwood Springs, CO 81601
0178
cc:
Precision Cut L Design
5403 C Rd. i 54
Glenwood Springs, CO 81601
970-94 7 -0020, FA X 9 4 7 -9634
Gabossi FAX 945-0 2 1 2
wate1r
Customer No .------------L;aboratory No. _____________ Sample ___________ _
8/29/02 9 / 10/(>:2
Date Rec eived-------------------Date Reported --------------------
Sample
Total Suspended
Nitr·ate(N)
Nitr·ite(N)
Tot;:. l Coliform
N itrate
Ni tt-· i te
TCB
<:: 0 0 J
Solids
Bacteria
0178
G.aboEsi Wlill l #1
<5 mg /l
0. 14 mg /l
o. 0(> mg /l <<0.01>
(l colonies /100ml
Method
EF·A 160. 2
ASTMD386 7 -908
ASTMD3867-90B
SM 9222B <MF>
Date tested
9 /6/02
9/6/02
8/30/02
8/29/02
Di r-·ec.tor:
[t.J 0 Cl .:J
MAY-Z9-ZOOZ 11 :Z3 FROM-DIVSWATERES
Wed May 29 11 : 18:05 MDT 2002
Receipt 9500723
Permit 56101 F
Div 5
Basin
Engineer DMW
Full Name
GABOSSI ROCKY
Address
1125 PALMER
Wd
Md
User
c ·ty
GLENWOOD SPRINGS
Telephone
(970) 945-9673
Case 97CW162
PermitXRef
39
DMW
State co
Well Name
County
010
BOWLES WELL NO. 2
GARFIELD
040
Q160
Sec
Ts
Rng
Pm
NW
NW
35
5 South
90 West
Sixth
1250 feet from North Section line
960 feet from West Section line
~~i'8-g~jmAGNER EXEMPTION
9709458741
LORADO DIVISION OF WATER
T-996 P.002/003 F-683
SOURCES
Zip
81601-
Filing Block Lo~
Uses
HOUSEHOLD USE ONLY
AUGMENTATION
Pump Rate
Proposed 15.00
Actual 0.00
Irrigated Area
Elevation
0 .00
0
Perf Casing Top 0
Perf Casing Bottom 0
Water Level 0
Ann Amt
0.39
0.00
Depth
50
0
Aquifer1
Aquifer2
Driller
ALL UNNAMED AQUIFERS
LIC
Pump Installer
Statute Meter Log Qual AbReq
1372 Yes No No No
Comment
Parcel Size
2.77
PIN
23-2123-352-00-126
Limit use to HUO, being 1 SFD and no outside
uses. Max use per aug plan is sixty (60) SFD
from six (6) wells . Tax Schedule N'umber: 040
337 (totaling 59.810 acres).
Main Activity
Interim Status
Last Action
Permit Issued
Permit Expires
Expire Notice Sent
Well Const Report
Well Const Complete
Well Report (Non-trib)
Pump Install Report
Pump·1nstall Complete
1st Beneficial Use
Statement Benef. Use
Benef Use (Non-trib)
Abandonment Report
Well Plugged
07-12-2001
10--04-2001
10-04-2001
10-04-2002
Well pennit issued.
Well permit issued.
TO: Rocky Gabossi
44523 Hwy 6
• 'J ~ M flump &mpaJUf
8611 ~ 9Wad 117
(jfetuwod Sp~ e1!J 81601
::Pfuuu: 970-945-6159
&fl: 970-948-6159
:J-aa;: 970-945-6159
Well Test
•
Glenwood Spgs, Co. 81601.
DATE: August 19, 2002
RE: Well Test
Attn: Rocky,
A four hour well test was performed on a new well located at the above address. The
following results were obtained:
Well Depth:
Static Water Level:
Drawdown:
Sustained Yield:
Clarity:
Recovery:
Comments:
Water Samples:
250'
7' measured from top of casing
29'
15GPM
Clear
95% within 15 minutes
This well test displays the adequacy for three
Single family dwellings to share this well
State Standards Water Test
If you have any questions, please call Rick, 945-6159.
J &MPump Co.
~///JU
Richard A. Holub
Lie. No. 1196
·&ftHtii-'" ;:z • • JOHN C. KEPHART & CO.
GRANO J~N[TION lA8~RATOHlf~ ,.
435 NORTH AVENUE • PHONE ! (970) 242-7618 • FAX: (970) 243-7235 • GRANO JUNCTION , COl.OAAOO 81501 ---
-ANALYTICAL REPORT
Received from:
J & M Pump Co. cc: Precision Cut & Design
5403 C Rd. 154 Rick (970)945-6159
8611 -117 Road Glenwood Springs, CO 81601
970-947-0020, FAX 947-9634 Glenwood Springs, CO 81601
cc: G~bossi FAX 945-0212
0104, 0263 ~ater
Custo mer No.------------uboratory No.-------_ ...... , ___ Sampl~ ------------
8 /23/02 , 9/6/02
OalP Received-------------------· 03le Repor1ed
Sample
Total Suspended Solids
Nitrate(N}
Nitr-ite(N)
Sample
Total Coliform Bacteria
TSS
Nitrate
Nitrite
TCB
0104
Gabos~i l.Jel 1 #2
r-eceived 8/23/02
<5 mg/ 1
0.34 mg/l
0.00 mg/l
026::::
(<0.01}
Gabossi WEll :U 2
received 9/b/02
0 colonies /lOOml
Method
EPA 1b0.2
ASTMD38 67 -9 0B
ASTMD386 7-90 8
SM 92228 <MF)
9 /10/02
Date tested
8/29/02
8/:27/02
8/23/02
9/6/02
Di rector-~ B. Bauer
MAY-29-2002 11 :30 FROU-DIV5WATERES
Wed May 29 11 :32:1 B MDT 2002
Receipt 9500724
Permit 56102 F
Div 5
Basin
Engineer DMW
r-u11 Name
WAGNER CONRAD
Address
111 PARK DRIVE
City
Wd
Md
User
GLENWOOD SPRINGS
Telephone
(970) 945-6076
97CW162
39
DMW
State co
Case
PermltXRef
Well Name
County
BOWLES WELL NO. 3
GARFIELD
010
Q40
0160
Sec
Ts
Rng
Pm
SE
NW
35
5 South
90 West
Sixth
1500 feet from North Section line
2200 feet from West Section line
9709458741 T-997 P.00 1/001
.----·-------.... -· --... -. ---=-. -· ...... -
LO RADO DIVISION OF WATER ~OURCES
Zip
81601-
uses
HOUSEHOLD USE ONLY
AUGMENTATION
Pump Rate
Proposed 15.00
Actual 0 .00
Irrigated Area
Elevation
0.00
0
Perf Casing Top O
Perf Casing Bottom O
Water Level 0
Ann Amt
0 .39
0 .00
F-684
Depth
250
0
Aquifer1
Aquifer2
Driller
ALL UNNAMED AQUIFERS
LIC
Pump Installer
Statute Meter Log Qual AbReq
1372 Yes No No No
Comment
Subdivisl·on Filing
GABOSS /WAGNER EXEMPTION
Block Lot
3
Li"!it use to HUO, being 1 SFD and no outside
uses. Max use per aug plan is sixty (60) SFD
from six (6) wells. Tax Schedule Number: 040
337 (totaling 59.810 acres). Parcel Size PIN
20.85 23-2123-352--00-126
Main PICtlVlty
Interim Status
Last Action
Permit Issued
Permit Expires
Expire Notice Sent
Well Const Report
Well Const Complete
Well Report (Non-trib)
Pump Install Report
Pump Install Complete
1st Beneficial Use
Statement Benef. Use
Benef Use (Non-trib)
Abandonment Report
Well Plugged
Uf·lL-LUUl
10-04-2001
10-04-2001
10-04-2002
vveu penn1t 1ssuea .
Well permit issued.
'
• J d: .M flwnp &npWUJ •
TO: Conrad Wagner
111 Park Dr
8611 &uuwf !Road 117
(jf.enmood Sp'tiltip e<9 81601
fffian.e: 9 7 0-945-6159
eJ.£: 970-948-6159
:Jwx: 970-945-6159
Well Test
Glenwood Spgs. Co 81601.
DATE: August 19 , 2002
RE:Well Test
Attn: Conrad,
A for hour well test was performed on a new well located on property by Canyon
Creek. This well is permitted# 56102-F or lower well. The following information was
obtained:
Well Depth:
Static Water Level:
Draw down:
Sustained Yield:
Clarity:
Recovery:
Comments:
Water Samples:
218 '
131'
34'
14.5 GPM
Clear
90% within 20 minutes
This well test displays the adequacy for three
Single family dwellings to share this well
State Standards Water Test
If you have any questions, please call Rick, 945-6 159
J~~pco_/1/;$~/v/~/../d/
Richard A. Holub
Lie. No. 1196
Thank You!
= "''"fW!,. EfRfZ '"' .. • • JOHN C. KEPHART & CO.
bRAN~ JUNC T l~N lA£~RAT~HlfS ,.
435 NOllTM AVENUE • PHONE: (970) 242-7618 • l'°AX: (970) 243-7235 • GRAND JUNCTION . COLOllADO 81501 ---
-ANALYTICAL REPORT -
Received from :
J & M Pump Ca. cc:
Rick (970>945-6159
8611 -117 Raad
Glenwood Springs, CO 81601
Precision Cut & Design
5403 C Rd. 154
Glenwood Springs, CO 81601
970-947-0020, FAX 947-9634
cc: Gabossi FAX 945-0212
0106 water
Cuslomer No . ·-·· ·-·-·--····-· ·-· uboratory No .. . .. _Sample------------
8/23 /02 9/10/02
Date Received-------------------Date Reported ______________ _
Sample
Total Suspended Solids
Nitr-ate<N>
Nitrite(N)
Total Coliform Bacteria
TSS
Ni tr-ate
Nitrite
TCB
0106
Wagner Lower Well #4
11 mg /l
1. 90 mg /l
0.00 mg /l <<0.0 1)
0 colon ies/100ml
Method
EPA 1 6C>. 2
ASTM0 386 7-908
ASTMD386 7-90B
SM 92228 <MF)
0 'l 1~f."d11 ; ,j,: .,, I , .': ,!, 1: i~f:! ,tj I .:'';j ' · .. 1. ' , 1
~ • : , -:~I· I· •:' ' · •
Date tested
8/29/02
8/27/02
8 /23/02
8/23/02
Dirli!'ctor: B. Ba<ula'r
MAY-29-ZOOZ II :Z3 FROL+-DIV5WATERES
Wed May 29 11 : 19: 09 MDT 2002
Receipt 9500725
Permit 56103 F
Div 5
Basin
Engineer DMW
r-uu Name
WAGNER CONRAD
Address
111 PARK DRIVE
City
Wd
Md
User
GLENWOOD SPRINGS
Telephone
(9 7 0) 945-6076
Case 97CW162
39
DMW
State co
Pennlt XRef
Well Name
County
BOWLES WELL NO. 4
GARFIELD
010
Q40
0160
Sec
Ts
Rng
Pm
NE
NW
35
5 South
90 West
Sixth
1200 feet from North Section line
2140 feet from West Section line
Subdivision
GABOSSI/WAGNER EXEMPTION
9709458741 T-996 P.003/003
~--------------------------.-------·-· -9'"'LORADO DIVISION OF WATER OURCES
Zip
81601-
uses
HOUSEHOLD USE ONLY
AUGMENTATION
Pump Rate
Proposed 15 .00
Actual 0.00
Irrigated Area
Elevatlon
0 .00
0
Perf Casing Top O
Perf Casing Bottom 0
Water Level 0
Ann Amt
0.39
0 .00
F-683
Depth
250
0
Aquifer1
Aquifer2
Driller
ALL UNNAMED AQUIFERS
Filing Block Lot
4
UC
Pump Installer
Statute Meter Log Qual AbReq
1372 No No No No
Comment
Parcel Size
17 .38
PIN
23-2123-352-00-126
Li m it use to HUO , being 1 SFD and no outs ide
uses. Max use per aug plan is sixty (60) SFD
from six (6) wells . Tax Schedule Number: 040
337 (totaling 59 .810 acres).
Mam ACtlVlty
Interim Status
Last Action
Permit Issued
Permit Expires
Expire Notice Sent
Well Const Report
Well Const Complete
Well Report (Non-trib)
Pump Install Report
Pump Install Complete
1st Beneficial Use
Statement Benef. Use
Benet Use (Non-trib)
Abandonment Report
Well Plugged
Uf•l"•"UU I
10-04-2001
10-04-2001
10-04-2002
vveu permit 1ssuea.
Well permit issued.
TO: Conrad Wagner
111 Park Dr.
• 'J £ .M !Jump &mpam; •
8611 0Junhj !Ro.ad 117
q&nwood Spttitt.ip e<J 81601
!l'fuuu: 970-945-6159
&ll: 970-948-6159
9-aa: 970-945-6159
Well Test
Glenwood Spgs, Co 81601.
DATE: August 19, 2002
RE: Well Test
Attn: Conrad,
A four hour well test was performed on a new well located on property by Canyon
Creek. This well is permitted# 56103-F or upper well . The following information was
obtained:
Well Depth:
Static Water Level:
Drawdown:
Sustained Yield :
Clarity:
Recovery:
Comments:
Water Samples:
347'
185' measured from top of casing
56'
14.5 GPM
Clear
90% within 25 minutes
This well test displays the adequacy for three
Single family dwellings to share this well
State Standards Water Test
If you have any questions, please call Rick, 945-6 159.
J &MPumpCo. (f
/J;U11/?V/' IJ~ ')
Richard A. Holub
Lie. No. 1196
Thank You!
• • JOHN C. KEPHART & CO.
,.
435 NORTH AVEl'IUE t PHOl'IE: (970) 242-7618 t FAX: (970) 243·7235 t GRAl'ID JUl'IC:TIOl'I, COLORADO 81501 ---
-ANALYTICAL REPORT -
Received from:
J L M Pump Co. cc: Precision Cut & Design
54(>.3 C Rd. 154 Rick <970)945-6159
8611 -117 Road Glenwood Springs, CO 81b01
970-947-0020, FAX 947-9634
Gabossi FAX 945-0212
Glenwood Springs, CO 81601
cc:
0105, 0176
Customer No. L•bor•tory No. ____________ Samplr --·
1.;a t C?t-
8/23/02, 8/29/02 9 /10/02
D•le Received ------------
Sample
Total Suspended Solids
Ni tt··ate <N>
Nitrite<N>
S<:1mple
Total Coliform Bacteri~
Ni tr ate
Nitrite
TCB
------o~t<: Reported--------
0105
.Wagner Upper Well #3
r·ecei ved 8/23 /0 2
17
0.34
o. 00
0176
mg /l
mg/l
mg /l (<0.01)
Watet-Sample
rf,'ceived 8/29/02
0 colonies/100ml
Method
EPA 160.2
ASTMD::a6 7-90B
ASTMD3867-90B
SM 9222B <MF)
D.;;,te tested
8 /29/(>2
8/27/02
8/23/02
8/'.29/02
COLORADO DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY ACCE,PERMIT • 302100
State Highway No/Mp/Side
006D/l 09. 800/L
Permit fee
50.00
Date of transmittal
09/03/2002
Regio~Section/Patrol
03/02/10
Local Jurisdiction
Garfieid Cotmty ..
The Pepriittee(s);
Roe & ~ary G.Wossi
1125 Pahper A-ve .
Glenwood Springs, CO 81601
970-945-%73
Applicant; Ref No. 02-135
Roe & Mary qabossi
1125 raimer Ave .
Glenwooq Springs, CO 81601
970-945-9673
is hereby granted permission to have an access to the state highway at the location noted below. The access ~II be constructed, maintained and used in
accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This pennit may be revoked
by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly
appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of
the permit.
Location :
On the north side of State Highway 6, 1050 west of reference point 1 10.
Access to Provide Service to:
Single-Family Detached Housing-2 units (Not to exceed)----------20ADT 100.00 o/e
other terms and conditions:
*See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions.
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issu ing authority.
By
(x)
Date Title
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used.
The pennittee shall notify Brian Gieck with the Colorado Department of Transportation in Rifle at 970-625-2286 at
least 48 hours prior to commencing construction within the State Highway right-of-way.
The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to
accept the permit and its terms and conditions.
Permlttee
(X)
Date
This permit is not valid until signed by a duly authorized representative of the Department.
COLORADO DEPARTMENT OF TRANSPORTATION
By
(x)
Copy Distribution:
Date (of issue)
Required:
1.Region
2.Applicant
3 .Staff Access Section
Make copiee as necessary for.
Local Authority Inspector
MTGE Patrol Traffic Engineer
Title
Access Manager
Previous editions are obsolet9 and .-y not be used
COOT Form #101 898
State Highway Access Permit
Form 101, Page 2
The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience
but do not alleviate compliance with all sections d the Access Code. A copy of the state Highway Access Code is
available from your local issuing authority (local government) or the Colorado Department of Transportation
(Department). When this permit was issued, the issuing authority made its decision t:ased in part on information
subrritted by the appl icant , on the access category which is assigned to the highway , what alternative access to other
public roads and streets is available , and safety and design standards. Changes in use or design not approved by the
pemit or the issuing authority may cause the revocation or S1JSpension of the permit
APPEALS
1. Should the permittee or applicant object lo the denial of a permit application by the Department or object to any
of the terms or coroitions of a permit placed there by the Department, the applicant and permit.tee (appellant) have a
right lo appeal the decision to the [Transportation] Commission (of Colorado]. To appeal a de cision , subm it a request
for administrative hearing to the Transportation Commiss ion of Colorado w~hin 60 days of transmittal of notic e of
denial or transmittal of the perm~ for signature . Submit the request lo the Transportation Commission of Colorado,
4201 East Arkansas Avenue, Denver, Colorado 80222-3400 . The request shall include reasons for the appeal and
may include changes , revisions, or conditions that wo uld be acceptable to the permittee or applicant.
2. Any appeal by the applicant or perrnittee of action by a local isst..ing authority shall be filed with the local
authority and be cons istent with the appeal procedures of the local authority .
3. In submitting the request for administrative hearing, the appellant has the option of including within the appeal a
request for a review by the Department's internal administrative review committee pursuant to (Code] subsection 2.10 .
'lvhen such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6),
shaU be suspended until the appellant notifies the Commission to proceed with the admini!tfative hearing, or the
appellant submits a request lo the Commission or the adrrinistrative law judge to withdraw the appeal. The two
administrative processes, the internal administrative review committee, and the administrative hearing, may not run
concurrently.
4. Regardless of any communications, meetings , administrative reviews or negotiations with the Department or the
internal administrative review Committee regarding rev isions or objections to the permit or a denial, if the permit.tee or
applicant wishes to appeal the Department's decision to the Corrmission for a hearing, the appeal must be brought to
the Corrmission within 60 days of transmittal of notice of denial or transmittal of the permit .
PERMIT EXPIRATION
1. A permit shall be considered expired if the access is not under construction within one year of the permit issue
date or before the expi ration of any al.Ahorized extension When the permitt ee is unabl e to commence co nstructio n
within one year after the permit issue dale, the perm ittee may request a one year extension from the issuing authority .
No more than !'MJ one-year extensions rray be granted mder any circumstances . If the access is not under
construction within three years from dale of issue the permit will be considered expired . Any request for an extension
must be in writing and slbnitted to the isst..ing authority before the permit expires. The request should stale the
reasons why the extension is necessary, when construction is antic ipated, and include a copy of page 1 (face of
permit) of the access permit Extension approvals shall be in writing . The local issu ing authority shall obta in the
concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied
extensions with in ten days . Any person wishing lo reestabl ish an access permit that has expired may begin aga in with
the application procedures . An approved Notice to Proceed, automatically renews the access permit for the period of
the Notice to Proceed.
GalJSTRUCTION
1. Coostruction may not begin until a Notice to Proceed is approved . (Code subsection 2. 4]
2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall
be corrpleted at the expense of the permit.t ee except as provided in subsection 2.14. All materials used in the
constru;tion of the access within the highway right <i -way or on permanent easements, become public property . Ar1f
materials removed from the highway right -d -way will be disposed of only as drected by the Departrrent. All fencing ,
guard rail , traffic control devices and other equipment and materials removed in the course of access construction shall
be given to the Department unless otherwise instructed by the permtt or the Department inspector.
3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two
working days pcior to any construction within state highway right -d -way. Construction of the access shall not proceed
until both the access permt and the N:ltice to Proceed are issued. The access shall be completed in an expeditious
and safe manner and shall be fin ished within 45 days from initiation of construction within the highway right -d -way A
construction time extension not to exceed 30 working days may be requested from the individual or office specified on
the permit
4. The issuing authority and the Department may inspect the access during construction and upon completion of
the acoess lo ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the
conditions of the permit dumg construction and to halt any activities within state right -d -way that do not comply with
the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger
higll.Yay property , natural or cultu-al resources protected by law, or the health and safety of workers or the public.
5 . Prior to using the access, the permittee is required to complete the construction according to the terms and
conditions of the permit. Failure by the permittee to abide by all permit terms and condttions shall be sufficient cause
for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access . If in the
determination of the Department or issuing authority the failure to comply with or complete the construction
requirements of the permit create a highway safety hazard, such shall be sufficient cause for the surrvnary suspension
of the permit. If the permit.tee wishes to use the access prior to completion, arrangements must be approved by the
issuing authority and Department and included in the permit . The Department or issuing authority may order a halt to
any unauthorized use of the access pursuant to statutory and regulatory powers . Reconstruction or improvement of the
access may be required when the perrnittee has failed to meet required specifications of design or materials. If any
construction element fails within two years due to improper construction or material specifications, the permittee shall
be responsible for all repairs . Failure to make such repairs may result in S1JSpension of the pem1t and closure of the
access.
6. The permit.tee shall provide construction traffic control devices at all times during access construction, in
conformance with the M.U.T .C.D. as required by section 42-4-104, C.R.S ., as amended
7. A utility permit shall be obtained for any utility work within highway right -d-way. Where necessary to remove ,
relocate , or repair a traffic control device or public or private utilities for the construction of a permitted access , the
relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing
authority, and at the direction of the Department or utility company . Any damage to the state highway or other public
right -d -way beyond that which is allowed in the permit shall be repaired immediately . The permittee is responsible for
the repair of any utility damaged in the course of access construction , recons !ruction or repair. a
8. In the evert it becomes necessary to remove any right -d -way fence , the posts on either side of the a~
be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence .
All posts and wire removed are Department property and shall be turned over to a representative of the Department.
9. The permitlee shall ensure that a copy of the permtt is available for review at the construction site at all times .
The permit may require the contractor to notify the individual or office specified on the perrrit at any specified phases in
construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase ,
base course compaction, and material; specifications . Minor changes and additions may be ordered by the
Department or local authority field inspector to meet unanticipated site conditions .
10. Each access ihall be constructed in a manner that shall net cause water to enter onto the roadway or shoulder,
and shall not interfere with the existing drainage system on the right -d -way or any adopted mlJ'licipal system and
drainage plan ..
11 . By accejXing the permit, permit.tee agrees to save , indemnify , and hold harmless to the extent allowed by law ,
the issuing authority , the Department, its offic ers , and employees from suits , actions, cla ims of any type or character
brought because of injuries or damage susta ined by any person resulting from the permit.tee's use of the acoess permit
during the construction of the access.
CHANGES IN ACCESS USE AND PERMIT VIOLATIONS
1. It is the respons ibility of the property owner and perm ittee to ensure that the use of the access to the property is
not in violation of the Code, permit terms and cond itions or the Act The terms and conditions of any permt are bind ing
upon all assigns, successors -in -interest, heirs and OCC4Jants . If any siglificart changes are made or will be made in
the use of the property which will affect access operation, traffic volume and or ve'licle type, the permittee or property
owner shall contact the local issuing authority or the Department to determine if a new access permit and modli.. ns
to the access are required .
2. VVhen an access is constructed or used in violation of the Code, sa::tion 43-2-147(5)(c), C.R.S., of the Act
applies . The Department or issuing al.4hority may summarily suspend an access permit and immediately order closure
of the access when its continued use preserts an irrvnediate threat to public health, welfare or safety . Summary
suspension shall comply with article 4 of title 24, C. RS.
MAINTENANCE
1. The permit.tee , his or her heirs, successors-h-interest, assigns, and occupants of the property serviced by the
access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the
access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or
ice upon the access even though deposited on the access in the course of Department SITJW removal operations.
Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway
drainage system However, the permittee is responsible for the repa ir and replacement of any access -related culverts
within the right -d -way. Within incorporated areas, dra inage responsibilities for municipalities are determined by statute
and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those
cases where the access installation has failed due to improper access construction and/or failure to follow perrrit
requirements and specifications in which case the permittee shall be responsible for such repair . Any signWicant repairs
such as culvert replacement, resurfa;ing , or changes in design or specifications, requires authorization from the
Department.
STATE HIGHWAY ACCESS PEfilllT #302100
Issued to Roe and Mary Gabossi W
TERMS AND CONDITIONS
.ptember 3, 2002
Permittee and Applicant are responsible for fully reading
and understanding the attached terms and conditions of this
permit. Failure to comply with any of these terms and
conditions may result in the suspension of this permit
When an access is constructed or used in violation of the
Code, section 43-2-147(5)( c), C.R.S., of the Act applies .
The Department or issuing authority may summarily
suspend an access permit and immediately order closure of
the access when its continued use presents an immediate
threat to public health , welfare or safety. Summary
suspension shall compl y with article 4 of title 24, C.R.S.
If there are any questions or concerns regarding these terms
and conditions, L"\'Ii\'IEADIA TL Y contact th e Access
Manager.
1. This permit replaces any and all additional access permits that may be in existence. All other access to
the property shall be removed
2 The access will be a full movement access . This access will only provide access to Lot 1 and Lot 2 of
the Gabossi/ Wagner Exemption Plat No other access will be allowed.
3. This permitted access is only for the use and purpose stated in the Application and Permit. This Permit
is issued in accordance with the Access Code (2 CCR 601-1 ), and is based in part upon the information
submitted by the Permittee. Any changes in traffic volumes or type, drainage, or other operational
aspects may render this permit void, requiring a new permit to be applied for based upon existing and
anticipated future conditions Any subsequent relocation, reconstruction, or modifications to the access
or changes in the traffic volume or traffic nature using the access shall be requested for by means of a
new application
4. The traffic limitations listed on the face of this permit shall be adhered to. The traffic volumes are listed
in Design Hourly Volume (DHV) trips or Average Daily Trips (ADT) where entering the site and
returning counts as two trips. Vehicle counts using the access shall be adjusted for vehicles longer than
20 feet in accordance with Section 2.3(4)(e).
5. A Notice to Proceed is required prior to beginning construction. Tue following items are required
before a Notice to Proceed will be issued:
(1) Certificate of Insurance Liability as per Section 2 .3(1 l)(i) of the State Highway Access
Code.
(2) Traffic Control Plan in accordance with Section 2. 4( 6) of the Access Code.
(3) An official copy of the Gabossi/Wagner Final Plat showing the access note depicting
official access.
(4) Three copies of Construction Plans Stamped (11 "x 17" with a minimum scale of 1" =
50') by a Colorado Registered Professional Engineer in full compliance with the State
Highway Access Code.
-2-
STATE HIGHWAYACCE~ERMIT#302100
Issued to Roe and Mary Gaboss,.,
TERMS ANJ CONDITIONS (cont.) • September 3, 2002
6. The access shall be constructed 20-feet wide with radii to accommodate the minimum turning radius of
the largest vehicle or 20-foot, whichever is greater. OR curb, gutter, and radii to the requirements of the
local jurisdiction.
7. An 36-inch minimum culvert with protective end treatments may be required for this access. The
culvert shall be kept free of blockage to maintain proper flow and drainage.
8. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum
distance of 40 feet from the edge of roadway or the right-of-way line, whichever is greater, and shall
slope down and away from the adjacent pavement edge at a rate of 2% grade for a minimum of 20 feet
If curb and gutter are present, the slope shall be calculated from pan line to pan line. Any revisions to
this requirement shall be subject to Department review and approval prior to commencement of any
work within the highway right-of-way .
9. Pursuant to section 4 .10.2 of the Access Code, the access roadway shall not exceed a maximum grade of
10 percent within the highway right-of-way , as measured 50 feet beyond the pavement edge and
extending to the right-of-way line. The access vertical grade shall be designed and constructed in
conformance with the Department M & S standard M-203-1 .
10. Slopes shall be at a 6 : 1 ratio on the roadway and a 6 : 1 ratio on the approach.
11. The access shall be surfaced in accordance with Section 4 . 7 of the Access Code immediately upon
completion of earthwork construction and prior to use. 1bis access shall be hard surfaced in accordance
with Section 4. 7 of the Access Code a minimum distance of 4 feet from the traveled wey. Where the
hard surface is to abut existing pavement, the existing pavement shall be saw cut and removed a
minimum of one foot back from the existing edge for bituminous, or until an acceptable existing cross
slope is achieved. Surfacing shall meet the Department's specifications with minimum surfacing to be
equal to or greater than existing highway conditions.
12. If the access has a gate across it, the gate shall be set back far enough from the highway so that the
longest vehicle using it can clear the roadway when the gate is closed
13. Water, sanitary , sewer, gas, electrical , communication, landscaping, and telephone installations will
require individual additional permits .
14. The Permittee is responsible for obtaining any necessary additional federal, state and/or City/County
permits or cearances required for construction of the access. Approval of this access permit does not
constitute verification of this action by the Permittee.
15 . It shall be the responsibility of the Permittee to verify the location of the existing utilities and notify all
utility owners or operators of any work that might involve utilities within the State Highwey right-of-
way. Any work necessary to protect existing permitted utilities, such as an encasement will be the
responsibility of the Permittee. Any damage or disruption to any utilities during the construction shall
be the Permittee's responsibility and shall be repaired or replaced at no cost to the Department.
16. Survey markers or monuments found in state highway right-of-way must be preserved in their original
positions. Notify the Department at (970) 248-7234 immediately upon damage to or discovery of any
such markers or monuments at the work site. Any survey markers or monuments disturbed during the
execution of this permit shall be repaired and/ or replaced immediately at the expense of the Permittee.
17. A fully executed complete copy of this permit must be on the job site with the contractor at all times
during the construction. Failure to comply with this or any other construction requirement may result in
the immediate suspension of work by order of the department inspector or the issuing authority .
-3-
STATE HIGHWAY ACCE~ERMIT #302100
Issued to Roe and Mary Gaboss•
TERMS At\O CONDITIONS (cont.) • September 3, 2002
18. Traffic control shall be provided on site during the duration of construction of access and highway
improvements in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and a
Traffic Control Plan prepared by a American Traffic Safety Services Association (ATSSA) or Colorado
Contractors Association certified Traffic Control Supervisor in accordance with the MUTCD and
Colorado Supplements.
19. All work that requires traffic control shall be supervised by a registered professional traffic engineer or
by a traffic control supervisor certified by the American Traffic Safety Services Association (ATSSA)
or the Colorado Contractors Association (CCA). When flagging personnel are required, the contractor
in accordance with the Department standards shall certify them
20 . Any incomplete construction activity on the State Highway that must be left overnight shall be
barricaded and signed in accordance with the Manual on Uniform Traffic Control Devices and other
applicable standards .
21. Open cuts, which are 6 inches in depth, within 30 feet of the edge of the State Highway traveled way,
will not be left open at night, on weekends, or on holidays.
22 . No more than 6 feet of trench areas shall be opened at any one time. Open trenches and other
excavations within the State Highway right-of-way shall be backfilled and/or paved before 3:30 P.M of
each working day or be protected in accordance with the M. U. T. C.D .
23. Any work within State Highway right-of-way shall begin after 8:30 A.M. and all work and equipment
shall be off the highway BEFORE 3 :30 P .M . each day .
24. Two-way traffic shall be maintained at all times on the highway in accordance with the MUTCD and
Colorado Supplements or as otherwise approved.
25. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior authorization
from the Department. The Department may also restrict work within the State Highway right-of-way
during adverse weather conditions.
26 . Construction traffic control devices, when not in use, shall be removed or turned away from traffic .
27. All temporary pavement striping shall be done by the Permittee/contractor in conformance with section
627 of The Department's standard specifications for Road and Bridge Construction Oatest edition).
28. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to
detain all drainage in excess of historical flows and time of concentration on site. All existing drainage
structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction
and safety standards, in accordance with the Department's standard specifications.
29. The permittee shall keep the culvert openings clear of debris and maintain the culvert in operating
condition.
30. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access
entrance shall be securely braced with approved end posts and in conformance with the Department's
M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All materials
removed shall be returned to the Department
31. It is the responsibility of the Permittee to prevent all livestock from entering the State Highway right-of-
way at this access location. Any livestock that does enter the highway right-of-way shall be the sole
responsibility of the Permittee.
-4-
STATE HIGHWAYACCE§IJ>ERMIT#302100
Issued to Roe and Mary Gabo~ . • September 3, 2002
TERMS ANJ CONDITIONS (cont.)
32 Landscaping shall not obstruct sight distance at any State Highway access point In the event the
landscaping becomes unsightly or considered to be a traffic hazard, The Department may require that it
be removed promptly by the Permittee and at no cost to the Department
33. If the access utiliz.es a gate, the gate shall be set back far enough from the highway so that the longest
vehicle u;ing the access can clear the roadway when the gate is closed
34. All required access improvements shall be installed prior to the herein-authorized use of this access.
35. Upon completion of the access, the applicant shall notify the Access Manager by certified mail within
10 days at :
Colorado Department of Transportation
Region 3 -Access Manager
222 South &1 Street, Room 100
Grand Jllllction, Colorado 81501
-5 -
• •
rfield County
Application for Driveway Permit
Application Date: 411812002
Termination Date:2/15/02
District: 1
Permit Number: 15
County Road Number: 138
Suh-Contractor:
Permitee: Conrad Wagner
Inspector: Doug Thoe
Conrad Wagner hereby requests permission and authority from the Board of County Commissioners to construct a
driveway approach (es) on the right-of-way off of County Road~CR 138 and HWY 6&24, adjacent to Applicant 's
property located on the North side of road for the purpose of obtaining access to property .
Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the
proposed installation showing all the necessary specification detail including :
l. Frontage of lot along road .
2. Distance from centerline of road to property line.
3. Number of driveways requested
4. Width of proposed driveways and angle of approach .
5 . Distance from driveway to road intersection, if any.
6. Size and shape of area separating driveways if more than one approach.
7. Setback distance of bu ilding(s) and other structure improvements.
8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision
expense.
9. Responsible for two years from the date of completion.
General Provisions
1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by
him for the bona fide purpose of securing access to his property and not for the purpose of doing business or
servicing vehicles on the road right of way.
2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the
construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date.
3) The type of construction shall be as designated and/or approved by ~he Board of County Commissioners or their
representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the
Board of County Commissioners or their representative.
4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board
of County Commissioners and their duly appointed agents and employee shall be held harmless against any action
for personal injury or property damage sustained by any reason of the exercise of the Permit.
5) The Applicant shall assume responsibility for the remova l or clearance of snow, ice, or sleet upon any portion of
the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal
operations.
• Specifications •
1. A driveway approach is understood to be that portion of the county road right-of way between the pavement edge
and the property line that is designed and used for the interchange of traffic between the roadway and abutting
property.
2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the
normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum
intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be
provided.)
3 . All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to
obtain adequate sight distance in both directions along the county road in order to maneuver safely and without
interfering with county road traffic.
4 . The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or
extending over any portion of the county road right-of-way.
5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than
one hundred ( 100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100)
feet shall be permitted only after showing of actual convenience and necessity.
6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon
adjoining property.
7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline
of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater
than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by
permissible radii.
8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle
between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees . Adjustment will
be made according to the type of traffic to be served and other physical conditions .
9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited.
Commercial establishments for customer vehicles should provide off-the-road parking facilities ..
10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the
normal shoulder slope and for a distance equal to the width of the shoulder but in no case Jess than twenty (20)
feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%).
11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the
street or county road. The Applicant will be required to provide, at his own expense, drainage structures at
entrances and exits, which will become an integral part of the existing drainage system. The Board of County
Commissioners or their representative, prior to installation, must approve the dimensions of all drainage
structures.
Note: This permit shall be made available at the site where and when work is being done. A work sketch or
drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing,
bl~_print, or sketch.
Special Provisio.for Excavation of Road Surface. Installation
1) Any oversized material, (larger than 10 inches in diameter), that is not utilized in backfill will be hauled off by
permitee. Further, any frozen material will be removed from site by permittee.
2) When a paved or chipped surface is cut, it is to be replaced with a minimum three-inch (3") hot mix asphalt patch.
Temporary patch with cold mix asphalt would be allowed, which would be replaced with hot mix asphalt when
the weather or availability of materials allow the work to be completed. An asphalt or chipped surface cut would
require the road to be straight cut and squared by means of a pavement cutter or saw. A chipped surface cut will
require a seal coat of the patch, which will be full width or half width ofroadway when trenches run with the
road. For trenches across the road, the edges of the seal coat will overlap the existing edge. All seal coats will
overlap edges by a two of the roadway in the vicinity of the excavation. Asphalt hot mix or cold patches will be
completed in a maximum of five (5) working Days. Weather permitting.
3) When possible all installations should avoid the top edge of a fill slope.
4) Installations in drainages subject to flash flooding will have a minimum bury of 4 feet deeper than normal flow
line at nearest abutment, wing wall, or culvert.
5) Installations at culvert crossings will be buried beneath the culvert with a minimum separation of 18 inches
between installation and the bottom of the culvert.
6) Open trenches adjacent to the traveled roadway shall be backfilled daily to within 100 feet of the working area of
the trench, and shall be barricaded with warning devices after dark. A 3 foot high orange plastic fence will be
installed daily to keep livestock out of the open trench after hours.
7) In areas being disturbed where vegetation is established, reseeding with a mixture either by broadcasting, drilling
and mulching with seed mixtures suitable to the climatic conditions or existing vegetation will be performed. Use
only certified weed-free seed. Noxious weed control will be ongoing along with revegetation.
8) The perrnittee should check the R-0-W of surrounding landowners to see if other permits are required, i.e., BLM,
Forest Service.
Re;; County Road and Bridge
Conrad Wagner ~
6) In the event it becomes necessa. remove any right-of-way fence, the pos. either side of the entrance shall
be surely braced before the fence is cut to prevent any slacking of the remaining fence, and all posts and wire
removed shall be turned over to the District Road Supervisor of the Board of County Commissioners .
7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written
permission of the Board of County Commissioners .
8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County
Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and
incorporated herein as conditions hereof.
Special Conditions:
1. 15" Culvert, 24ft in length
2. Maintain road crown of CR 138 for aprox 8ft to preclude any driveway surface drainage from reaching
surface of County Road.
3. Owner will move existing fence located along CR 138 to an alignment just within the south property line of
lot 1.
4. Culvert will be depressed to allow adequatre cover as well as the continuation of the road crown.
5. Owner may need to chase the grade of the road ditch to the existing culvert crossing CR 138.
In signing this application and upon receiving authorization and permission to install the driveway approach (es)
described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions
and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved t2 by the Board of County Commissioners.
S~ned:~]J~
Address: S"f'o{J Co.JV'l'..1 -Rc..,J. '6¥ Q\~"'~o ... ~ 3f""".5S ~/ bOI
Telephone Number: <i/ 0 -Cf tf? OOc:10
Permit granted 4118/2002, subject to the provisions, specifications and conditions stipulated herein.
For Board of Coun7issioners ' of Garfield County, Colorado:
~(30Y?.~
Representative of Garfield County Road and Bridge Signature
•
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----~'---J .
HIGHWAY 6
•
_PRO?OSED ACCESS
NEW .C*·t:HURC
c~-rA-e<-\ \ "'<. Cou"' ~y t?-~ + e
f?1yof e,r.!>r-1 \':f\"<.. .3,:iSJi ~-A~
--·-·-_..,,_o'V_'_-~-~--------·-----_,,.+:..._· .. ·----···
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-coNCEPTUAL sITE pLA
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I '
• •
Garfield County
Road and Bridge, District 1
1015 School St., Glenwood Springs, CO 81601
9'70·945-6099 pb. & FAX
Date: 4· 16-02
To: GARCO Headquarters/Wendy/Mike
.From: Doug Thoe
Re: Driveway permit
For: Conrad Wagner
l l l Park Dr.
Glenwood Springs. CO 81601
970-945-6076
Location: Lot 1, Gabossi/Wagner Exemption Plat. Proposed driveway is located on
north side of Slaughterhouse Rd, (CR l 3 8), prox 100 lf east of the west iutersection of
State Highway 6&24 and CRl 38.
Scope of Work: Owner. proposes to construct a oow driveway to access Lot 1.
Road and Bridge Concerns: Standard provi.tSions, install 15" corrugated steel pipe in
road ditch, maintain road crown of CR 138 for prox 8ft , to preclude any driveway surface
drainage from reaching the driving swface of the county road . Road and Bridge
recommends a minimum culvert length of 24 ft. Owner agrees to move the exi&ing
fence~ located along CR 138, to an alignment just with.in the south property line of Lot l.
Ollvert will be depres$Cd to allow adequat~ cover as well as the continuation of the road
CT0'-"11. and owner may need to "chase" the grade of the road ditch to the exi&ing culvert
crossing CR138.
• •
Driveway Easement, Improvement and
Maintenance Sharing Declaration
THIS Easement, Improvement and Maintenance Sharing Declaration is made
this __ day of , 2002 by Mary Ann Gabossi and Roe Anthony
Gabossi.
WHEREAS, the undersigned are the Owners of Lots 3 and 4 of the Gabossi
Exemption Plat filed for record in the office of the Clerk and Recorder of Garfield
County on , 2002, Reception Number ; and
WHEREAS, access from Garfield County Road No. 138 to and across Lot 3 and
to Lot 4 is by virtue of a 30 foot ingress, egress and utility easement over, under and
across said Lot 3 all as shown on the aforesaid Gabossi Exemption Plat; and
WHEREAS, the undersigned wish to set out the terms for the improvement
and maintenance of a driveway to be constructed over and across the Easement;
NOW THEREFORE, the undersigned, hereby states, declares and agrees as
follows:
1. The undersigned Owners of said Lot 3 hereby grant to the Owners of Lot
4 of the Gabossi Exemption Plat, their heirs, successors and assigns, a perpetual,
nonexclusive Easement and right of way for ingress, egress and utility purposes over,
under and across said Lot 3 as shown and depicted on said Gabossi Exemption Plat.
The Easement is for the benefit of and appurtenant to said Lot 4 and shall not be
extended to any other property.
2. The Owners of said Lots 3 and 4 shall share the necessary and
reasonable costs of construction of a driveway over and across said easement to
service Lots 3 and 4, with costs allocated one-half to the Owners of each lot. Such
costs are limited to only those improvements necessary to complete a standard
unpaved driveway which meets Garfield County's specifications and shall include
costs necessary to restore vegetation and repair any damage caused by the driveway
construction. The costs and expenses of extending the driveway over and across said
Lot 4 shall be the sole responsibility of the Owners of said Lot 4.
3. The parties agree to share evenly the costs of necessary and reasonable
future maintenance including grading, snow plowing and additional road materials in
the easement.
4. All parties shall cooperate with each other in order to coordinate the
construction and necessary maintenance of the driveway.
• •
The burdens and benefits of the provisions of this declaration shall run with the land
and are binding upon and inure to the benefit of the respective, heirs, successors and
assigns of the Owners of said Lots 3 and 4.
IN WITNESS WHEREOF, the aforesaid owners have executed this declaration
agreement the day and year first written above.
~as+
Roe A. Gabossi
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this /{JJ! day of
September, 2002, by Mary Ann Gabossi and Roe A. Gabossi.
Witness my hand and official seal.
My commission expires: !J'! ~O ~
-2-
~y Commission Expires 08/2 7 /2003
• •
Driveway Easement, Improvement and
Maintenance Sharing Declaration
THIS Easement, Improvement and Mainte nance Sharing Declaration is made
this __ day of , 2002 by Mary Ann Gabossi and Roe Anthony
Gabossi .
WHEREAS, the undersigned are the Owners of Lots 1 and 2 of the Gabos si
Exemption Plat filed for record in the office of the Clerk and Recorder of Garfield
County on , 2002, Reception Number ; and
WHEREAS, access from State Highway 6 and 24 to and across Lot 1 and to Lot
2 is by virtue of a 30 foot ingress, egress and utility easement over, under and across
said Lot 1 all as shown on the aforesaid Gabossi Exemption Plat; and
WHEREAS , the undersigned wish to set out the terms for the improvement
and maintenance of a driveway to be constructed over and across the Easement;
NOW THEREFORE, the undersigned, hereby states, declares and agrees as
follows :
1. The undersigned Owners of said Lot 1 hereby grant to the Owners of Lot
2 of the Gabossi Exemption Plat, their heirs , s uccessors and assigns, a perpetual,
nonexclusive Easement and right of way for ingress, egress and utility purposes over ,
under and across said Lot 1 as shown and depicted on said Gabossi Exemption Plat.
The Easement is for the benefit of and appurtenant to said Lot 2 and shall not be
extended to any other property.
2 . The Owners of said Lots 1 and 2 shall share the necessary and
reasonable costs of construction of a driveway over and across said easement to
service Lots 1 and 2, with costs allocated one -half to the Owners of each lot. Such
costs are limited to only those improvements necessary to complete a standard
unpaved driveway which meets Garfield County's specifications and shall include
costs necessary to restore vegetation and repair any damage caused by the driveway
construction. The costs and expenses of extending the driveway over and across said
Lot 2 shall be the sole responsibility of the Owners of said Lot 2.
3. The parties agree to share evenly the costs of necessary and reasonable
future maintenance including grading, snow plowing and additional road materials in
the easement.
4. All part ies shall cooperate with each other in order to coordinate the
construction and necessary maintenance of the driveway.
• •
The burdens and benefits of the provisions of this declaration shall run with the land
and are binding upon and inure to the benefit of the respective, heirs, successors and
assigns of the Owners of said Lots 1 and 2.
IN WITNESS WHEREOF, the aforesaid owners have executed this declaration
nd agreement the day and year first written above.
Roe A. Gabossi
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this /t.J'j,., day of
September, 2002, by Mary Ann Gabossi and Roe A. Gabossi.
Witness my hand and official seal.
My commission expires: £-)1~/{PO~
-2-
~Y Commission Expires 08/2 7 /2003
STATE OF COLOMDO
DEPARTMENT OF TRANSPORTATION
Traffic & Safety Section
222 South 6'h Street, Room 100
Grand Junction, Colorado 81501
(970) 248-7230
August 29, 2002
John Toffer
John L. Toffer and Associates
909 Glenwood A venue
Glenwood Springs, Co. 8 1601
RE: State Highway Access Reference Number 02-162
Located on SH 6D near RP 110.1 in Garfield County
I have received your access application for access to a storage units facility and a commercial warehousing
facility on Highway 6D at reference point 110.1. After reviewing your application, we must deny your
request for access. The State Highway Access Code (CCR 601-1) has Highway 6D at that reference point
110.1 as category R-A classification. For R-A classification the Code says "one access shall be granted
per parcel of land if reasonable access cannot be obtained from the local street or road system." 3 .8(2).
Based upon the site plan and on-site visit, access is obtained by County Road 138, which abuts this parcel
ofland. This parcel has reasonable access to local street system (County Road 138).
Should you object to this denial, you have the right to appeal this decision to the Transportation
Commission of Colorado. To appeal this decision to the Transportation Commission, submit a
request for administrative hearing within 60 days of transmitt al of notice of denial to:
Transportation Commission of Colorado ,
4201 East Arkansas Avenue,
Denver CO 80222-3400
You have the option of re questing, in addition to the appeal, a request for review by the Department's
internal administrative review committee. Further information regarding the appeal process may be
obtained from Sections 2.9 and 2.10 in the Access Code. Excerpts from the Access Code are enclosed. A
complete copy of the Access Code is available on the Internet at
"www.dot.state.co.us/BusinessCenter/Permits/ Access".
If I can be of any further assistance in this or any other matter, please feel free to contact me at the office
listed above.
Sincerely,
a_~
Dan Roussm
Region 3 Unit Permit Manager
Daniel.Roussin@dot.state.co.us
Cc: Jim Nall, Traffic Engineer
Phil Demosthenes, State Access Program Coordinator
State Highway Access Application No. 02-13562
Roe & Marv Gabossi
Page 1 of 1
en~ ~y: John L. Taufer & ASSOC.; ' )
9709457914; J ul-1 5 -O )6: 19;
)
Page B/8
llORADO DEPA9'TMENT OF TRANS.P~RTATt~ j'.:
TATE; HIGHWAY ACCESS fttERMl"F}:APPLICATION
\Hulng aulh«i'Y Sl)p~a~
ac~tar)C• ~:
in$tNctions: • oonta¢t the Oepartroen~ ot "Ttan~ ·atlon or your local government to determine your lssul,i1g authority.
~ contact tM ls$uing auttiortty to det~tmine what plans and other documents are required to be svbmitted
with your application. ) · :,: .t;
-comp}ete this form (s~e ques~~'. may nqt apply to you) ariQ attaeti all neces$al)'. documents and
.submit tt to tho Issuing :•uthorlty:-Pyl::imit an appllcatlon for each access requested.
~ .If you have any questl~~s contaqt t~ Issuing ~uthorlty. PJ~ase print or typs
o e ow
feet lC lrcle : N s I;
:..:. :·: .j :
Cl irj'lprove men(to existing access O change in access use CJ removal of a..ccess
~~ : : .~
Yhal i• lh• approxlmaw dato you Intend to begin oonl'rtiµctlon?
-~ · 'l--PO-i} . J.
Do 1Clu Ng.a knawle ~of 8ny S te Highway aei::en;i>ermita svfyfn ;this propsrty, °' adjacent pro~rtl es tn which you M\lv a property nlent$t.
i:r-no Q yes, If yes • what are th~ {f:iermlt nµ~r{s)?: ---and/or, permit date:
. :;.: :: · . .t;
If~$,. l1t<t'J$•ll"1~ dl;tmm•rciill or indu~!lial aoo~GJI ~eaae lnd~te:. , • ly?"s and num b~f of but;l ne&Hs ~ a squant~0otag11 cf each .
. . bv$1n11tu. ;:. " uat 9 f&U.!J(t , bu•ini»\ 4 ual'(I fooll!t.gli!
·o
If you illlll ,.qo.i1t1 ling e · leultUfa_
nt-, ~·I
ltyOu artt"8Gtl95ting 1'9SldentlE!ll ~ve.lop&ment ll~Hii what is th&}Y . : (sinsls family, aparlmf,lO!, townh9U~8) ~nd numbef Of units?
type · numbef f. units typ& number ot un fts
' :r: .. ).. "' '
?rovktti ~ foRc1wh'l1t \lehlcle c:our.t estima'!,J fO( vehl~~s tfietwiU :~,~.t \.h& aooesa. Leaving the property lh&n returning ra two count$. Indicate If your counts are
CJ peak hour volume~ pr t!raverage :~dally volQfT1'S. ·
'.lh~wi1h lhe iH\.llng authority to determine which of
(plana shOuld be no larger than 24" x 36")
Tot,il count of at4 vehkil191111 ..,,..
"i·:uments. are required to C::Ompleta the review of your application .
· · f e) Proper:tY map .incfieadng olhvr access, bordering roads 11.n~stfeets.
a) Hlgnway•nddri~phinprcfile . :] ;: ·\: f} Proposecf~eeudhign
b) Onilnag1t' plan shoW~.9 fm~cl tc Iha t:ighwa~ rlght·ol-wi!l'f. \-g} PafCe\ and ownenhip m~p& i!'lcludlng ea1efi'l9nts ,
c) Map and letten de'81lmg utility loGalions ~kite 9.flQ ~fte~: i ·. · h) Signing and sltlping plln&.
da~r:nentln artd Blong \tie right-of-way. l I) Tr~fficcontml phm .
d) ~~.zoning, Of d911elopmm'lt plan. :( T j} f'(oof of llabflltf toauntnpe . .
, an ac~ss permit Is issued to you it will st~te the t•tm· ·~and condUions tor Its use . Any changes irl the use of the permiUed
cces$ not consistent with the terms and c~hditlons lfst~ on the permit may be considered a violation of the oermit.
:)
'. he ,•ppUcant declare$ unc:ter penalty of:) s>
. •ws, that au lnfonnatlqn provided on thH1 .
nd comptet•. ..'
t .: .:\' ~ry:Jn :1the second degree, and any ott>
Jn and \submltted attachmehtS are. td th1..
i:
._1-...
\ap.pllc$ble st~e or federal
.&st of their knowledge true
f the appt;cant Is not the owner ~f the P,.o~rty, we tsqijii;;th) application also to be s'9ned by the property owner or th,elr
egaily autnorized representative (or other acceptable irlttef\ evldenc~). This signature shali constitute agreement With this
~llcatlon by au owners-of-interest untess :stat~ iriwt)tlng. If a parmit "is authorized, ttie prop&rty Qwner will be listed as
he permittee. ::, ' .\ ,
Prnlous
· ............
OEN\ED
Page 1of3
Roussin, Daniel
From: Denis Browning [dbrowning@redrock .net]
Sent: Saturday, January 11, 2003 9 :06 PM
To: Roussin, Daniel
Subject: Re : SR-6 & 24 Highway Access Application No . 02 -220
Daniel : It is my unde rstanding that this property was purchased as a Joint Partnership from
the Bowels family who have held title to this ground for over (40) years . The Gobbossi and
Wagners our in the process of filing their water reports with the County on the new wells that
(Fiave been drilled on both their Commercial properties . Both properties will then be described
~nd Recorded in the ir individual names and the partnership d issolved .Mr Wagner does have
access from County road (138) although this County road meets highway ( 6 & 24) at a
(45 %) degree angle, making it extremely difficult for any large commercial trucking to weave
in or out of the Wagners Commercial property at th is County road site. Not a very
desirable Commercial access by any means. On the other hand, Mr Gobbossi does not
have an access to his portion of the Commercial property, and its my understanding he
will proceed with the appea l process in order to obtain access to his commercial ground . As
for the landscaping permit upon the (50) foot strip of C-Dot la nd that runs between State
Highway (6&24) and the Goggossi and Wagner property , they wou ld both be interested in
obtaining a landscaping permit for this area since C-DOT desires to reta in this strip of
ground . Thankyou for your consideration in these matters . Den is H .Browning, Browning
Land Services
-----Original Me ss ag e -----
From : Boussin , Danie l
To : Denis Brown ing
Sent: Tu esday , Janu a ry 0 7, 2003 11 :22 AM
Subject: RE : SR-6 & 24 Highway Access Application No. 02-220
Dennis -Our maintenance forces did do a worksheet and one of the aspects was s ight
distance . We do a worksheet for every proposal we receive . In regards to access , we
have denied the app lication . The landscape permit is be ing review by our department. Are
you still interested in having a landscape permit for th is location? Please let me know . I
will proceed with the landscape if you are still interested.
Thank you
Dan Roussin
-----Original Message-----
From: Denis Browning [mailto:dbrowning @redrock.net]
Sent: Tuesday, Jan·uary 07, 2003 10 :40 AM
To: Roussin, Daniel
Subject: Re : SR-6 & 24 Highway Access Application No . 02-220
Dear Daniel : thank you for your "E" mail informing me of the New Creation Church
position in reguards to their obtaining an access to SR-6 & 24 . It cleared up some
questions I had on this matter. I would like to also clarify for you the question of C-
OOT approving our access request. Let me be mo re specific about this point. In not
hearing anyth ing about the two permits I had filed w/ C-Dot in Glenwood Springs, I
called the office to find out the ir statis . In doing so I was informed that the area had
been looked at and I assume, because this is a straight stretch with no curves
1/13/2003
Page 2of3
or hills along SR-6 & 24 that parallel the Wagner and Gobbossi properties at
this point of the highway, that C-DOT maintenance personnel checked that
area for site distance safety, and in seeing no obstructions, passed the permit
requests along to your office. I at no time felt that C-DOT had approved this
access request in any way, only in the fact that I assume the site distances were
approved in that location allowing for the second step of forwarding the permit
requests along to your office for further review . I apologize if my communication was
misleading in any way . Sincerely, Denis H. Browning, Browning Land Services .
-----Original Message -----
From: Roussin, Daniel
To: Denis Browning
Sent: Monday, January 06, 2003 3:01 PM
Subject: RE: SR-6 & 24 Highway Access Applicat ion No. 02-220
Mr .. Browning:
I have reviewed the Gobbossi and New Creation Church files . These files are right
next to County Road 138 ; however they are quite different in nature . The New
Creation Church property has been a commercial property for the last 40 years .
They have 4 access points onto the property . They are reducing the number of
access points by 3 . This will help in the operation and the functionality of the
highway system . The Gobbossi property in September 02 , has been reclassified ·
has commercial property . Under the State Access Code, the property "shall be
granted one access per parcel of land if reasonable access cannot be obtained
from the local street system or road system .... " Mr .. Gobbossi property has access
onto local road system. If Mr .. Gabossi has subdivided his property and not
allowed for access into his property thru the county road, he will need to provide
access through tr1e c ounty road .
In regards to COOT maintenance approving your project, I am not aware of
anybody from COOT approving your project. Please provide me the corresponded
saying that COOT has approved your access. I have authorized some
maintenance forces to do a field inspection of the proposed site . Other than that , I
am not aware of any COOT personnel working on this project.
I hope I have clarified this subject. If you have any more questions, please contact
me.
Dan Roussin
Region 3 -Unit Permit Manager
970-248-7230
1/13 /2003
-----Original Message-----
From: Denis Browning [mailto:dbrowning@redrock.net]
Sent: Thursday, January 02, 2003 3:53 PM
To: Roussin, Daniel
Subject: SR-6 & 24 Highway Access Application No. 02-220
Dear Daniel : I just received the letter you mailed to me dated December 24,
1/13 /2003
Page 3of3
2002 . Since I have been retained by both independent owners of the
property referred to in your letter as reference point 110.1 in Garfield
County, I will assume that this location is approximately along SR-6 & 24
where the Gabossi property and the Wagner property both meet. This area
is also shown on the Federial Aid Project 145-D sheet 24, Rev as Const.
Dec .1-33 shown as Gravel Pit area Station 970 along SR-6 & 24, in Garfield
County . Having had no knowledge of an earlier access request, which you
have based your decision on for my current request, of a single (50 FT.)
opening off of SR-6 & 24 providing access to both properties . Would you be
so kind as to send me the background information that this negative
decision to my access request was based upon. It is imperative that these
two newly re-zoned commercial pieces of property have adequate access
off SR-6 & 24, to provide for the development of this ground as presently
zoned . Having had this area inspected and approved by the Glenwood
Springs C-Dot personal, I am very interested in finding out why their
are objections to an access off of SR-6 & 24 , from the Grand Juction Office,
and what can be done to remedy this situation . I am aware of the access
provided to the New Creation Church which have the same property access
off of CR-138 as Mr. Wagner does on a portion of his propertry . This Church
having far less frontage running along SR-6 & 24, than the Wagners or
Gabossi's whom I represent, has received an access onto SR-6 & 24, as I
understand it. Please correct me if I am wrong in my assumption.
Sincerely, Denis H. Browning.SR/WA Browning Land Services
Driveway Easement, Improvement and
Maintenance Sharing D eclaration
THIS E ase m e nt , Improve m e nt a nd Maintenance Sharing Declaration is made
this 3 RI) day of F~ 2003 by Mary Ann Gabossi a nd Roe Anthony Gabossi .
WHEREAS , the undersign ed are the Owners of Lots 3 and 4 of the Gabossi
Exemption Plat filed for record in the office of the Cl erk and Record e r of Garfie ld
County on , 2003, Reception Number ; and
WHEREAS , access from Garfield County Road No. 138 to a nd acros s Lot 4 and
to Lot 3 is by virtue of a 40 foot ingress, egress a nd u t ility easeme nt over, unde r and
across said Lot 4 a ll as s hown on the afore s a id Gabossi Exemption Plat, and a s
described on Exhibit A attached; and
WHEREAS, the undersigned wish to s e t out the terms for the improve m e nt
and mainte nance of a driveway to be constructed over a nd across the Easeme nt;
NOW THEREFORE , the undersigned , hereby states, declares and agre es a s
follows:
1. The undersigned Owne r s of said Lot 4 h ereby grant to t h e Owners of Lot
3 of the Gabossi Exe mption Plat, their h e irs , s ucc essors and assi gns , a p e rp e tua l ,
nonexclusive Easement and right of way for ingress , egress and utility purposes ov e r,
under and across said Lot 4 as s hown a nd depicted on said Gabossi Exe mption Plat.
The Ease m e nt i s for the b e n e fit of a nd app urte n a n t to said Lot 4 and s h a ll n ot b e
exte nded to a n y other property.
2. The Owners of said Lots 3 and 4 s h a ll s h are t h e necess ary and
reasonable costs of construction of a driveway over and across said ease ment to
servic e Lots 3 a nd 4 , with costs allocated one-half to the Owners of each lot. Such
costs are limited to only those improvements necessary to complete a s tanda rd
unpave d driveway which m eets Garfield County's specifications and s hall include
costs necessary to restore vegetation and r epair any damage ca u sed by the drive w a y
construction. The costs a nd e xp e n ses of extending t h e driveway over a nd acros s s aid
Lot 3 s hall b e the sole r espons ibility of the Owners of said Lot 3.
3. The parties agree to s h are evenly t h e costs of n ecessary and r e asonable
future m ainte n a n ce including grading , s now plowing and additional road mate ri a l s in
the ease m e nt.
4. All parties s h a ll cooperate with e ach other in orde r to coordinate the
co n struction and necessary mainte n a n ce of the driveway.
The burdens and benefits of the provisions of this declaration shall run with the land
and are binding upon and inure to the benefit of the respective, heirs , succes sors and
assigns of the Owners of said Lots 3 and 4.
IN WITNESS WHEREOF, the aforesaid owners have executed this d eclaration
and agr ement the day first written above.
~a~
oc A. Gabossi -
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this 3ttd day of
F.i).""""°"'1/: 2003, by Mary Ann Gabossi and Roe A. Gabossi.
Witness my hand and official seal.
My commission expires: 1Yl~ 'f. 2 006
-2-
EXHIBIT A
ACCESS ANO UTILITY EASEMENT
GABOSSI SUBDIVISION EXEMPTION
LOT 4 TO LOT3
AN EASEMENT FOR THE PURPOSE OF INGRESS. EGRESS AND UT1LIT1ES. SAID
EASEMENT BEING A PORTION OF LOT 4 OF THE GABOSSI SUBDIVISION EXEMPTION Pl.AT
AS ALEO FOR RECORD UNDER RECEPTION NO. OF THE RECORQS OF
THE GARFIELD COUNlY CLERK AND RECORDERS OFACE. SAID EASEMENT BEING
Sl11JATED IN THE NW1/4 SECTION 35, TOWNSHIP 5 SOUlli. RANGE 90 WEST OFiHE 6iH
P.M., COUNlY OF GARFIELD, STATE OF COLORADO. SAID EASEMENT ENCUMBERING THE
FOLLOWING DESCRIBED AREA:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4 FROM WHENCE THE NORT'rl
1/4 CORNER OF SAID SECTION 35 BEARS N24°46'00°E. 324.52 FEET ANO N.10°07'06"E.
1944.83 FEET SAID 1)4 CORNER BEING A IRON PIPE AND ALUMINUM CAP, PLS NO .
15710: THENCE N.24°46'00"E. 40.00 FEET ALONG THE WESTERLY LINE OF SAID LOT 4;
THENCE DEPARTING SAID WESTERLY LINE S.65°14'00"E. 214.38 FEET; THENCE 41.64
FEET ALONG THE ARC OF A CURVE TO THE L&I HAVING A RADIUS OF 50.00 FE:Ei, A
CENTRAL ANGLE OF 4 7° 42'39" AND SUBTENDING A CHORD WHICH BEARS S.89°05'19"E.
" 40 .44 FEET; THENCE N.67°03'21"E. 69.12 FEET: THENCE S . .22°56'39"E. 40.00 Fd::.t TO A
-',"< .· POINT ON THE SOUTHERLY LINE OF SAID LOT 4; THENCE ALONG SAID SOUTHERLY UNE
S.67°03'21"W. 108.92 FEET; iHENCE CONTINUING ALONG SAID SOUTHERLY LINE
N.65°14'00"W. 254.18 FEET TO THE POINT OF BEGINNING.
~ ..
• -JOHN L. TAUFER & ASSOCIATES, INC.
Landscape Architecture I Land Planning
January 28, 2003
Fred Jarmen, Senior Planner
Garfield County Building and Planning Department
108 8th Street Suite 201
RECEIVED
jAN 2 R 2003
B~~~Lf ~lANOUNTY NING
Glenwood Springs, Colorado 81601
Re: Gabossi Exemption-Opinion of Well Capacity
Dear Fred,
Attached are two (2) well test reports that include the opinion of Richard A. Holub , J &
M Pump Company , that the well (s) production wi ll be adequate to serve Lots 3 & 4 of
the Gabossi Subdivision Exemption.
I also met with Steve Anthony , this morning, to look at the property for any occurrence of
noxious weeds . Steve will be forwarding a report to you that confirms my original
statement regarding the lack of noxious weeds on the property.
If you have questions or need additional informat ion, please contact my office.
Sincerely,
John L. Taufer, Owners Representative
Attachment
909 Colorado Avenue • Box 2271 • Glenvvood Springs CD B 1 602
(970) 945-1337 e FAX (970) 945-7914 .
FROM : J&M PUM P COMPA NY •
DATE: November 25, 2002
TO: Conrad Wagner
FAX NO. 970 945 6159
'J ~ JK !J>ump emnpWUJ
8611~~117
~ Sp""'-'J6 e<J 81601
!Jfum.1,: 970-945-6159
ect£: 970-948 -6159
fJaa: 970-945..(,159
Well Test
-.J-fe,( \
111 Park Drive
Glenwood Spgs Co 81601
RE: Well Test
Attn: Conrad,
.Ja n. 24 2003 12:16PM P1
A four hour well test was perfonned on a new well located on the property at Canyon
Creek. This well is the east well located by the new Church. The following results were
obtained:
Well Depth:
Water Level:
Drawdown:
Sustained Yield:
Clarity:
Recovery :
Samples:
Comments :
165 '
70 '
24'
25GPM
Clear
95% within 10 minutes
State Standards-Steamboat Lab
lhis well produ(.,1ion indicates adequate supply
For Lot# 3 & 4 using an average of 100 gallons
per 3.5 person per day.
lfyou have any questions, please call Rick, 945-6159.
J&~pCo.
;;;:J.er/ ;/)/di!
Richard A. Holub
Lie. No 1196
Thank You!
• FEB-27-2001 11:33 PIT KIN IRON CORP .
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DIST~ICT C:OORT, WATER. DIVISION tiO. 5 ,.4 C01.Q1'AZ)()
c;eqe No. 970ll62
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~ULING OF REi"ER.EE L :
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Ilil n!?: lfAnER OF THE APPLICAT!Oi!f FOR S'URFAci: liATD. .R!GKT;
WATER RIGUT AlfJ:) PLA!I FOll AUGMXNTMIQK OF: ·'
~ .
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~'rZ\T! OP 001.0THY L • SOWLBS
..
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IN .GAU'In.t> COUNT't, COLOrtADO
I .
Th& above •n~i.t.16<1 Application was !iled in Juiy ·of · 907,
~nd4d and was ref erred to the u.n.derslqDed .llG W.tar Refer~ ' tor
Wat¢;:-O.ivlsion No. 5, state of Colorado, by the Wat:er J'~ . -=aid
cou..-t. in accordance vitb Article 9~ of Chapt•r 37, Colotado fl' · sed
sta~t•~ l.97l, known As the Water Ri~t Detet:mijnati,. : antl
~nistra.ti.on Ac:t of U6SI. · · · I : · : . .
Tha llnders.1q?1*1 rs~erH bav·ing ~· su~ in\fe$t~ae.i~ii · i a::e
nec:At»64J:¥ to det~e 'llihethe:r or not the statements in; tho · · : ded
application are ·ttU• and bavin9 b9co11te :fully advised -.t:i.th · pect
to. the SiUbje<:t l!lat.ter of the Amended Application c\Oes !nere i:Dak.e
the follovitig dater:U..o.ation .in this :matt•r, to wit: ': · :
l ;
The statemenu in the Alaended 4'pplication are true;
•I
l. , . r : . ' ! . ~-~-~~1 address and talc:phcne nual)er ot Appl.ic4nt:: , . !·.
Dorothy :. . Bo:vles £$tate ! ; i '
c/o T~ry OUprey, Arlministr-atcr : ; 11
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44523 Hiqhvay 6 ' ! ) :
Gle:nYOOd sprinqs, co 8160.:. i .
c./o &i.lli9-gurchfield · · ii·,
Atto:rnoy !.or Appl.ic.'.:aot: ! : 1l· Bri2 Grsnd Av•m~e, i\U.~e 3<J5 Glen~ Sprinqs, co 81601. i · · 1
1. :::y ~:::::a ... o! appo$ition wore tiled on behal~ cit .. fj Ko
Kenn.is and the Williams canal C:~ny .• tb• R.uli~. hereit1 ~d~ges
th.et concerns of the Opponents. Tbe t.uie for fihng st4t11111r-i;i-of
05190si t.ion ha• expired• : · · ii •
'-· The Appl.iC4nt requests ~t..at the !ollowinq clallr\5 ~+ a+*ed;
I . • ' ~ ; i ! ..
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. FEB 27-21dtai i 1: 33 PI I k IN I RUN LO t-.::r . r .u...J
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Pa~ 2 caae No. 97CW16~ Divis.ion 5 watar court
cunf· ?'O. l
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6.
7.
e.
9.
l.O.
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SUIWAC~ WA'.rER llI~8'1'
Na.me of St.rueture: Bovle1i Diversion ·
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1 ·
L · ated
~al description ot point ot d.iversion: The point of ·
diversion .~~•natural ~lc:h knovn as Bavlea Cul.dt [ is 1
~t a ~j..ot J..n said n.tural qulch from whence the Wese n··,..w,,.+
Co:u•:-of sec=tigii Ji, t-awn~p s southr bnqe oo West
tith P.M. JJears south 4a•29' ~st 13.Sa. 28 . te.t. ·
sour~e: Th~ $0tlrc• or the . water ls trott the seepage, .
and drainage i:i Bowl•s C\tlch, tributary · to the ·c:o1o~ado ; . i .
.A. Da.te at initiation of appropriation: . . . i
.July a, ;1997:. ; .
; i
B. !low appropriation was .initiat ed: By consultat~on wi h
pro.ta$~ion&l on9iffer and 4:1 intent to app:t"Op~i~te ·. · :i
I c. Dtlta vetec-applied to beilefi cial use: N/A
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Amount clUmed.: o. 5 (;. !. s. , conditional ~ .
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P~&ed use~ DoiHstic, li~to<:k "'•ter~. wildli:!~ wat.;,=~c;i,
fJ.re p~otGc:t1on ed .st:ora.qe in Bmilles Pond,. First ~la.rg: t.~
' 11 ·
l'alM-~nd ~ace ot c;wn4r o:f laad on "1bich point:. ·~~ diY . ion
an¢ pla.ee of uae are loca~ad: Awlicli.nt l .
CI.AIM NO .. l
j .
l
l2. ~e ot st:ructu.re: Bowles Pond, First Knlarqement
!J. Legal description o! place of s ter49e :
The center. c;z:f Bowles Pond is in Section 15, Tovnsh.l.p 5 · ·. . th,
R.anc;e 90. West ot the 6th ~. M ., at a po.in~ 1 000 ~~•t troni ~the
West cectl.ou l.in• an<1 1. 750 ~·•e trolll ~· Noreh section ti • ot
&aid Seetion 35. · ' f.
1.\. Sout"C6 ! Th• 30\lrce o! the .ra.t•r t,Q f.ill Bcvl~ Po~d ~· 1 _i:a
~les Oiver•ioc wh.ich c:ollects the sprinq, run-off etnd G~ paqe
w«ter in Aovl•$ Gul.-::h, t:rieut•ry to the coloredo River·.
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FEB-27-2001 11:34 PITKIN IRON CORP. 97094502 12 P.~4 •
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Page 3 case tto. 97CW162 Oivici-o.n 5 water CC>lirt ':Ii ·
is.· o.ate of initiation o! appropriation: JUly a, 1997 i I ·
. . I . aow· appropriation was init:i.ated: By ccnaultatJ.on °4'1th i i :
~ofn..ion.l 4DjjJ:inear and an il:itent to appn>Fiate : : · ;
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~to watet' applied to ~etiaial use: NIA
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16. Amcnult clailned.1 2..5 Ar, conditional, with th•. ri.gh.,t ~ 1 ll
:i.7.
3bd refill i~ priority. ! ·
-crses cla..1111ed: F1Gh c:ulture, livestoc:k and wild1.i.fe
,.,atQri.nq, fire prateCtioiJ a1ld augmentation. ·
I
18. Surface ar:ea. of hiqh wate!_P li!!e: 0 .40 Acres
MAXimutll he.iqht. ot dam: l 1 feet
tenqth of daa: . lOS teet
l~. 'roul cel)4c:ity: 2.5 AE
Acti~ r;;to~ge: 2. 5 AP
· ~" storacJe~'· -o-·
2 o . ~me aud ~~s of avu~u: Qf land oii wh..1.c:h sttu.ct"1te
located: Ai!Plic;3.Jlt
CLAIM NO . l
Pt.AN !'O~: .At1CME?l'!A1'IOl1'
2.l • STIWCTtm.SS · 'tQ ~ AWMEN'rW:
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BOwlas t.f9ll N'os. l•6; said we l ls Wi.11 be loc:ated :on
Appl.ic:ant':. -ac 6cres of land r;ienerally located in : the!· i.
g~ Section 35, 'fow;iahip 5 S'Quth, Rauqe 90 West ot the :I'.M.
and more particu.larly d~#(;::Oi~9<.1 . in aook 2oe 4't ~ag6 i'1 c ·~ the
Gar'!i•ld County Clerk and Recorder's ottic:e. '. .. ;
:22. USES TO BE. A~SD; · 11 ·
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Domestic iit-house use in lO Ci.ft9l~ tam.ily dvelli.ngs i
l3. SOURCE Of! ATJGK2NTAT!Otit WATER : I
Storac;e v4ter in ~les Poild. first ~nl4r9enent as appI.i~ for
herein. · · . !
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µgg A ::&JM ii. 34 P11 kiN IRON CORP .
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P4£iC 4 e&se Ho. g10ll52 Divis!on S 1'4ter Court i .
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Appl.1.c:ace"s enc;~ ha• detUlaiJHld that domestic in•h · use
ill t.h1..rey ( 30 J sl.J291• tamily · "1Dit.s will t:esul.~ ill ~ ~ •. · l.
depl.et.ion ttt ~ Colorado JUver ot 1. zo ocre t .. t i oi: Ji ' : AF
per mcmth. Depletions a.re 1-sed on a.a occupenc:Y c;)r i~;· '.
peno.aa per Wl.1t uaJ.DCJ of 100 gallona 01! veter ~r : p. ·' · per
day U"eili:.inq septic un4c:s al1d leach f.1.elda vh1c:n :recu in
eonSU11pt,ive use of lOt. ; · '.
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Ap-pliC.Ut's e:nqaeer has also daterainud tbllt; tne !n~t ; :. ,
ev4poratiOD 10.S~e& l".rom ~e sun4ce g~ 54!lid P.Ond is . . . . ed
to~ 37.23 inches per yver 49 ·toliowra:
l"SODtli Net ~r~tion OOSMltat.ie Losseli
LoC$"0S in M in AF
.January 0.024 O.l
f Qbr~ 0.032 0 .1
March 0.06-4 0.1
April 0.11~ 0.1
May O~l&ll 0.1
.June o.2no O.l .nay o.2oe 0. 1
AUqust 0.176 0 .1
s~ O.l:ZS O.l
~~r o.oao 0.1
Nov~ 0.040 0.1
Doc:ember 0.024 0.1
'l'otal 1-248 l. 20
Tota·l
iD ;AE
0 .12'&.
0 .111
o.ii:-4
o.21·2
0-l6-Q
O.iQl>
o.Joe o. ~·76 o.;2e
o.~ao
o. r4'0
0. i%4
:z.~48
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At wc:h tlll.es as th4ara l..a a. val..id "c•ll • os:a C:anycia'. '*: or
t..~e Colondo . River by !U>ldars o! senior veated: va~i-, ~· ts,
re:easu ot vatar Yil.l be •de from Bawles Pood, l'irst blaJ:i'•11eat
into canycm c:raek ta coarpeasat1: for tha depletions cads~! . ; the
do+nc~ti(; u5• «les~ibed al)ove and the evapora1:iQl2 lasses ~rtJrq · :wies ·
PQ .. c!, -First Enlargement. · ·
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Tlle ~eferee, .tia v i~ enmined the intoraat1on ~ubnitt:~ , the .
Applicant, and hillvUlc; c°"()leted. ~ investiqaUons n~es~• ·.to : ...
m4iee 4 dgt.ermina.tion in tlti,$ Mt Ur, does therefore eoncl~« tbat
1:.hQ closi.lts in the ~ve entitled Applicat i on should. be ,! an~· · : eby
4::-e, · ~antcad. a$ :nown abOva, SUB.!2c:T · HOWEVD\, TO ALJ;,. , . IEK
li?R!ORITY QI<;HTS OF OTHUS and 1:0 the i~~t:1on and tatxll~tJl . D by
thQ Division €nqiauar of sue~ pr iori~ies in accorc14oce !wit~;1 ~v.
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P@§ 21 200f ff .JS Pi lkil<i !ROIG CORF •
A~r-~{ 99 05: 3Sp •
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Po~o 5 c:&se NQ, '1011'2 Oivi~i~n S Yater COUre i·:! ·
Applica.ti.OZI tor o li~ ~.! R.oecnabla t)illqene!a · ~. ~ he
t.il~ in th•· .....,. JDDnth a.s t:ie c.cree berein i& entered ; : six ~r 5 4.lt.ar ~ entry ot tne wec:ree· herein so lOPg a~ App . c4nt.
dosi::•• ~o ma.i.ntain the condition.al water 1:.iqhts h•r•U ~ . .. . . or
un-e.1.1 4 dccermnatlon h.&~ ~ lade tn.ae sue.ti c:ondlticin4.l.; Qht•
are made absolute oy re.as= o! tbe CQlllPlcti~ 0£ 1 : the
appropriations, er 4re otherwi~~ disposed ot. ' ! ; . .
The Plan tor A&tqmenta.tion .requested rill ixot ~nj~J.
e.ffect. th• ownu5 c.t or person entitled to use WGter under a! .
vato:r xi9ht or a decreea caD<llticMl "'ater rJ.4ht, •n.d Cltls P~ ..
a-...9'1"'cntation i:s appro9-.d ill «CC:o•dallce w.i.th C.R..S. 37-~:2•39~
I
PW.-SlJ4.llt. co C:.R..s. 37-9:l:-30~(8), The State Eng:i.n"r . '
Division. £D9ineu" M.'Y l4vtally be ?:'aquired ander tlie te~ 9 . thiS
B.ul.!.nq eo curtail out-o!-priority d.1vers1ona !ram Appl1c;4nt'a' ells
and pond at &ny · t.iJBe When eru: con8U:llpc.i. ve U5e ~~socµ~ . "i th
'ApplicGnt's diversion exceed t:ha 11•t &IRO'.lllt of replacemene -: ter
avail•~e und.r thi...s plan .tor .;;.~Ut~. ; ; · , -
Prior· t.o· op.ratioa ot m..e well.s for: tha proposed ;ua;e~) ¥ell
pe:t'ltl~~ isGued pur~uant to c.~.s. 37-~0-137(2) 8od this p~4 ~or
autpLen ~a tlon must ne obt:.ained • \ ' · \ ~
' ' ~
Applic:allt sh.all d•v.lop • monthly accoune.ing fQrm &dtis'f:. toey
to the tli'li&ica Szlqineer and sh.all .keep a a:mthly accoun ' : . of
div~roions and depl:~Uo11s ·as require4 by th• Divi~ion e:n~. r.
Th• Applican~ .Ahall. 1.cataJ.l suc:h iaeasuri.nq device• a:s: .
r:quired l)y the l')ivisl.on DDqi:l.-r .to tAC:~l.itai:.e t:Jl• opici41f~
this pl4n fo.r ~w;;aonta.tian &lld · a~sw:e c:ompl.ianca ~ it.rr:i
Applicant ~ll desiqn4t4 • homeowner-represent.ati~e ~~pC,~ l,ble
for !1l.1J1'J an annual report. v101 tne D1.v1sloo anqineex ~ ti · r
l!5tll oz udl year •ummarizint; <11.verslons and replac~~ii f JDade
undcir .~hia plan. ; :
Noth.in~ he~e~n shall require the williCIJllS canal ComPQ
.bypas.s -vaur into sovles Gulch ~or the purpose o: p>:ovi,'dincj~.
t.or t:hA Bowles .CiV~QU. aowle&s 'Pond., 1"i~t Enle.rqement :and {" ' the
Plan :ror AU9!Mnt.a~ioo cle$cribea above. some ot the water i.n '..a · les
Gul<=h lay~ wa_sua veter spilled or derived !~ tl\.e WillJIUls~c:t · nai.
ey approprl.•tl.:cq o:! seep4ge, run-of:! and drainage io Bo;wl:es-· lc:n
as 1;lailfted io the Amended Application .tJ.lad herein, Appli1cai:it:d.oes
n~t cbtllin .~e r1gbt ~o compel O\e conc1..nua~1on o~ v~at~ ~ tar
d~sc:!:~rg~ J.nto the BOWles Culc:h by William-= C:4n4l C011tpany., : .11.tte
"at.ar di£char1Jes 11y .the Willi~ cari&l Company mayna cliiscoii~ nued
or e.ltered. in t.~, CUDOunt., oi; locar..ion -~ 4ny ~i.me for ony re $On.
Nothillq h~x-ein sh.a.l.l praVent Appllc4n1: troin c;.iillinq for deliV · Y ot
any ownership interes~ hAl~ by Applicant as shares in ~he wil, 14.n:&S
can4\l c~ny. I / ·
I
p.6
FEB-27 2001 11:35
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BUl'c:!i!icld
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llc?"lllW:ld Iii ta.d
PITKIN IRON CORP. •
~· llo. t7Qll&2
0S!09L80L6
9709450212 P.07
ore. !
wacar 01v.ision Ho. !!S
State of COIOr•do !
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WO~
Form No .
GWS-25
OFFICE OF TH.TATE .ENGINEER •
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581 LIC
057578 F WELL PERMIT NUMBER -
~~~~~~~~~
APPLICANT DIV. 5 WO 39 DES . BASIN MD
ROC & MARY GABOSSI
1125 PALMER
GLENWOOD SPRINGS, CO 81601-
(970) 945-9373
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 NW 1/4 Section 35
Township 5 S Range 90 W Sixth P.M.
DISTANCES FROM SECTION LINES
2000 Ft. from North
1770 Ft. from West
UTM COORDINATES
Section Line
Section Line
PERMIT TO CONSTRUCT A WELL Northing: Easting :
1)
2)
3)
4)
5)
6)
7)
8)
9)
ISSUANCE OF TH IS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This w'ell shall be used in such a way as to cause no material injury to existing water rights. The issuance of this 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.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
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 shall be operated
only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in
effect, and 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. WOW CD
contract #020328RMG(a).
The use of ground water from this well is limited to drinking and sanitary purposes inside a commercial business, vehicle
washing and the irrigation of not more than 5000 square feet (0 .11 of an acre) of home gardens and lawns . All use of this
well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as the
Gabossi Well.
The maximum pumping rate of this well shall not exceed 25 GPM.
The average annual amount of ground water to be appropriated shall not exceed 1.4 acre-feet.
The owner shall mark the well in a conspicuous place with well perm it number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings .
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.
This well shall be constructed not more than 200 feet from the location specified on this permit.
~ 3 0 \--\"""j 02...-
APPROVED
CJE ByEXPIRA~ION DATMAY 3 0 2003 Receipt No . 9501077
State E ~ · · · · MiAY 3 Q 2002
DATE ISSUED t'""1 ·
REVISED May 2001 • Co.act
Ma 427
Approved
WEST DIVIDE WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
#020328RMG(a)
3/28/02
Name of Applicant: Roe and Marv Gabossi
Quantity of Water in Acre Feet: _!..;l.~0------------------------------------
.-\pplicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado.
organized pursuant to and existing by virtue ofC.R.S. 1973, §37-45-101, ~(hereinafter referred to as the "District") for an allotment
contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this
Contract and the attached Application, Applicant hereby agrees to the following terms and conditions :
WaterRights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert
water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well , it must be understood
by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources.
2 . Quantitv: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point
of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado
State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said
quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow ,
storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal
availability of wat~r from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully
complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may
be in the name of the Colorado River Water 2Qnservation District, and the ability of the District to allot direct flow rig\-c to the Applicant may
be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water
than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be
reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only.
3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used
for the following beneficial use or uses: municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir
and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-
70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use ~f any and all water allotted
shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control.
4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain
Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District. shall be delivered to
the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources. and release or delivery of
1
water at such outlet or points shall constitute .rmance of the District's total obligation. Del iv.water by the District from Ruedi Reservoir
or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other
facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermor.e, the District
hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District
in ;he future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the
Applicant's allocation not delivered to or used by Appl icant by the end of each water year (October 1 ). shall revert to the water supplies of the
District. Such reversion shall not entitle Applicant to any refund of payment made for such water ..
Water service provided by the District shall be limited to the amO\lnt of water available in priority at the original point of
diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater
amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance
losses bet '·. :,;en :h .: or iginal point and any alternate point, and such estimate shaJI be deducted from this amount in each case.
5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's
water r-ights or storag_e water may ?e required in order for Applicant to use the .water service contemplated hereunder. Obtaining such decree
is the exclusi v ' : .,-:~sibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to
judicial appn;>vai oi said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant
acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water
rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto . Applicant is solely responsible
for providing W'Jrks and facilities necessary to obtain/divert the waters at sai,; · -~ n-:--": ': ";,.:-~sior. :md ddiver them to Applicant's
intended ni: ·~7 : :i::' t:se. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make
annual payments to the District based upon the amount of water allotted under this Contract.
In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute
legal proceedings for the approval of such augmentation plan to allow the Appiicant to utilize the water allotted to Applicant hereunder, the
Applicant shall give the District written notice of such intent. In the event the Applicant de\ elops and adjudicates its own augmentation plan
to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District
shall have the right to approve or disapprove the Appl icant's augr :entation plan and the Applicant shall provide the District copies of such pl 1n
and of all pleadings and other papers filed with the water court in the adjudication thereof.
6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of
Directors of the District from time to time, shaJI be submitted with the application for consideration by the District.
Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial
annual payment shall be made in full, within thirty (30) days after the date ofnotice to the Applicant that the initial payment is due . Said notice
will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable
to that year.
Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual
payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return
receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application.
2
Water use for any part of a water year shall.re payment for the entire water year. Nothin.in shall be construed so as to prevent the
District from adjusting the annual rate in its sole discretion for future years on ly .
If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option
have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of
water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District.
Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources
offices in Denver and Glenwood Springs . The Division of Water Resources may then order cessation of a\\ water use .
7 . Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the
allotment of water rights hereunder, including, but not limited to, reimbursement oflegal and engineering costs incurred in connection with an y
water rights and adjudication necessary to allow Applicant's use of such allotted water rights .
8. Assignment; This Contract shall not inure to the benefit of the heirs, suc c essors or assigns of Applicant. without
the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and
must comply ~ith, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of
Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from appl y ing
to the District for individual and separate allotment Contracts . No assignment shal l be recognized by the District except upon completion and
filing of proper forms for assignment and change of ownership .
In the event the water allotted pursuant to this Contract is to be used for the benefit ofland which is now or will subsequently
be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to : I) No more than three separate
owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district. water
and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then , only if such
parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perfonn the Applicant's
ob l i~ations under this Contract. Jn no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this
Co::tract have any rights hereunder, except as such rights may exist pursuant tr a well sharing agreement or through a homeowners association
or special district as provided above .
Upon the sale of the real property to which this Contract pertains, Applicant sha\l make buyer aware of this Contract and
proper forms for assignment and change of ownership must be completed.
9. Other Rules : Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules
and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law.
I 0 . Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement"
with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District
determines in its sole discretion that such an agreement is required. Said agreement may contain. but shall not be limited to, provisions for
additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance
costs; or for other costs to the District which may arise through services made available to the Applicant.
3
11. Change of Use: .istrict reserves the exclusive ri ght to review, .rove or disapprove any p;oposed change
in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder
without the prior written approval of the District shall be deemed to be a material breach of this Contract.
12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the
documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant.
Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph & above,
shall be deemed to be a material breach of this agreement.
13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal
fee title interest in or to any water or water rights referred to herein.
14. Conservation : Applicant shall use commonly accepted conservation practices with respect to the water and water
rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled
water or water .rights.
15 . Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount. which provides water (on
the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock ,
fire protection, and the irrigation of lawn and garden as specified in the Application.
Applicant shall also comply with all restrictions and limitat ions set forth in the well permit obtained from the Colorado
Division of Water Resources.
Watering of livestock shall be restricted to Applicant's dom estic animals not to be used for commercial purposes unless
Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event
shall actual diversions exceed the amount of water provided by this Contract.
Yiohtion of this paragraph 15 shall be deemed to be a mate ri al breach of this Contract.
16 . Well Permit: If Applicant intends to divert thro ugh a well, then Applicant must provide to District a copy of
Applicant's valid well permit before District is obligated to deliver any water hereunder.
17. Measuring Device or Meter : Applicant agrees to provide, at its own expense, a measuring device deemed acceptable
by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times
all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings
from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result
in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract,
Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours
for the purposes of determining Applicant's actual use of water.
4
18. Representations. executing this Contract, agrees that it is not .g on any legal or engineering advice that
Applicant may believe has been received from the District Applicant further acknowledges that it has obtained all necessary legal and
engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes !!_O guarantees,
warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable
to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District.
19 . Costs of Water Court Filing and Augmentation Plan : Should the District, in its own discretion, choose to include
Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay
to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the
proceedings. Applicant shall be assessed a pro-rata share of the total cost incurred by the District in preparing, filing and pum1ing to decree the
water court case. The pro-rata share shall be calculated by dividing such total cost by the number of contractees included in the filing . To the
extent that tt •e r::::::: tr ict is caused additional costs because ofobjection filed specifically due to the inclusion of Applicant's Contract in the filing,
such additional costs may be charged specifically to Applicant and not shared on a pro-rata basis by all contractees.
20 . Binding Agreement: This agreelllent shall not be complete nor binding upon the District unless attached hereto is
the form entitled ".\ i!plication to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by
the District's c;ngiuc:er. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. A II correspondence
from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and
conditions of this agreement.
21 . Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT
OR OTHER WATER RIGHT IN ORDER TO DJVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT.
IT !S THE CONTINUING DUTY OF THE APPLICANT TO MAINT AlN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT
INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING ST A TEMENTS OF
BENEFICIAL USE, OR OTHERWISE LAWFULLY APPL YING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS W ITHOUT
WASTE.
22. A1 ·:.EA B . CONTRACTS: IF APPLICANT'S WELL OR OTHER WATER R' GHT THAT lS THE SUBJECT OF
THIS IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS · PARAGRAPH APPLIES: THE
AUGMENT A TI ON WATER PROVIDED BY THE DISTRICT UNDER THJS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER
RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER
SENIOR RIGHT. NO REPRESENTATJON OTHERWISEISMADEBYTHE DISTRlCT. IF THIS ISA CONCERN TO APPLICANT. THIS
CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE Af>PL!CANT WrTHIN THE
NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVE]'.;T ALL SUMS PAID BY
APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT .
~ (_ .. · .1
Applicant
.........
Applican.!__)
=
5
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ST A TE 0 F L 0 I Ofcl lo )
) SS .
COUNTY oF6w ~1-l IJ)
The forego~n} instrument was acknowledged before me on this i!:/_ day of .d ~ ,-c,,L
d,JI i.'4ac1 6,._b,ssj . .
Witness my hand and official seal.
My commission expires: __ q~)'-1....;o~lc;;;l!...?-"'d-=0'-.)------
7 7
Notary Public
ORDER
(j_,L
'20_, by
After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby
ORDERED that said Application be granted and this Contract shall be and is accepted by the District.
ATTEST:
Contract:
.-......... :··: .. _ ....... -_ ...
By WEST DIVIDE~~
President
Date
. Th.is go.ntrac t -i~cl udes and is subject to the tenns and condit ions of the following documents which must accompany this
1. Map showing location of point of diversion (use map provided)
2. Application and Data Fonn fully completed and signed
6
T obal Demand
(1) (2) (3) ("t (5)
()ome.ljc wtik;hl Lawn , Ctop
Moriti lo-tlouM wuhliig ~ I~ U..-lodc
January 0 .071 0020 0 .000 0.000 0 .000
f~ 0.064 0020 0 .000 0.000 0.000
Marett 0.071 0020 0 .000 0.000 0.000
Apel 0 .069 n020 0.014 0.000 0.000
M6j 0 .011 0 .020 O.c:5l 0.000 0.000
)J,.,. 0069 0.020 0 .070 0.000 0.000
July 0 .07-1 0.0'lD 0.067 0.000 0 .000
AA.vJlt 0.071 . Q.()20 0..0.U 0 .000 0 .000
~Doi' 0069 0.020 0.038 0.000 0.000
Odobe( 0 .071 Q.020 0 .015 0.000 o.ooo
NovecnbM 0 .069 0.020 0.000 0.000 o.ooo
D.oemb.v 0071 Q.Q20 0..000 0.000 0.000
TOTALS~ 0.840 0.240 Q.3)5 0.000 0.000
(1) NUMBER OF OFFICES 5
·~ to ,_. -,. 15
(2) ~ Oen1Wld {81) 0.2<40
whdt lloMhlrv
(l) Sq. Ft. cl l.atm ln~alcd ~
LatM1 ApPltdon RD (lflac) 2.675
{4) Nil.a cl Crop Irrigated 0 .00
CIOO AWication Rate {afhcl 0 .000
GABOSSI WELL
WATf.R REQUIREMENTS
(acle fed.I
(6) (7)
/
(8)
DomMllo Cornmenia.I
ConMMnptlw Uae
(9) (10) (U)
L.iwn Crop
TOTAL . IMiouae O{ Otlef Ir~ lnbtlon u....tock
0.091 0.007 0 .002 0 .000 o.~. 0000
0.004 o.ooe 0 .002 0.000 0.000 0.000
0.091 0 .007 0 .002 0 .000 0000 0 .000
0.103 0007 0 .002 0..011 0000 0000
0 ,149 0007 0 .002 O.cwJ 0 .000 0 .000
0 .159 0 .007 0 .002 0.()56 0000 0.000
0.169 0007 0.002 0 .054 0.000 0 .000
0.136 0007 0.002 0 .036 · 0.000 0.000
0.127 0007 0.002 0 .030 o.ooo 0.000
0.10$ 0007 0.002 Q.012 o.000 o.cro
0 .089 0007 0 .002 OOQO 0.000 0 .000
o .~ OJX17 0002 0 .000 0000 O.CXXl
1.385 ll.084 0.024 0.244 nooo 0.000
Auumptjord
(51 I af UvllllloQ( C 11 oaWd&v 0
(7) ')(,CU fcf eorr-ticJCommerci.I 10
~ ~ Lawn ~. Ett'dency eo
COfl8Ul11lllon of lrrig. (lflac;) 2 .140
(ID) ,. crop I0\1· err1e19rq 80
CooauTfJCion "lrrig. (afhiic) O.<XX>
(9-10) Elwetion (feet) QX)()
•(6} (12) Tobflncludee 6% Tranel Loaa
(12)
TOTAL
0 .009 • 0 .008
0 .009
0 .020
0 .000
0.0«I
o.063
0.1>45
o.ooe
O..Q21
o.oce
0-00I
0.3!12
•
;,.: .. _:.:.·-..···-: ... -·-~ ..
·~.
·~· ,.
·.:...
',
....... ;. __
,
./
... ~----:-·--
· ..
a ---· ---~-"'.
-------::-·-,.
,-_
~-·-·· '...:....~ .. ,
···'· .,,,.--·--· ...... -Y--.-.... ___ .......
.r
1 .•
: i
j. ~ )II)
... .. .i
.:.
·•'":L -~. .r . ,. 1:
-~r
:i:•
·----· ....a..":"':... -·-.·--~-' -:::~_,_: ::::.~;:~ -~:-;;~~~r-~---!~,,: .. ____ _
':.~ \
• ·, . '!.
""'-1 .:' _. ___ ...,_ __ .
-·· .·~
_.· ..:·
\. ...
·"': ...
..... ----. ..;...~
i
•
. ..
-----. --
. ....... ·
0
<:::.
··-.
~ .
~~: ···.•.
1: ~ ...
r;.~
;_· .:___:___·_. ~
.•·
·-
-·
;·
~-
..... -·
;r
\
\
· . .:.
·-.
;.:
1-• .-· .•
"' ':
. .. ,,
-···.:
JAN -10-2 003 10:0 6 ~I TK I N IRON CO RP. • 970945 0 212 P .01
DATE: Nmiember 25 ~ 2002
TO: Comad Wagner
111 Park Dri"YC . . ...
jd..M~ump~
8611 e..., !Jl.ad.117
~04 .J,ii"•t• eo 81601
,.,... ·910./U6.6159
UI.: 97(fi'i48-M59
Iva:: 97DiS!fS-6159
Well Test
Glenwood sws eo· st6ot
RE: Well Test
Attn: Conrad,
A fbur holII' well test~~ on a new well located on the property at Canyon
CJ-eek _ This wen is the~ \veil located by the new Church. The fullowing results were
obtained:
WeUDcpth:
Wal.er Level:
Orawdown:
SuStaiDerl Yield:
CJaritr-'.
Recovery:
SampJes:
215'
21'
100'
19GPM
RCdClOUdy
85% .• ~ 3S minutes
State Standards-Steamboat Lab
If you have any questions, piease call Rick, 945-6159.
J &M.Pump Co.
~/#/;/&!
Richard A. Holub
Lie. NoU96
------------· -·-· .. _ ·-.. --~----
--~c =~~---------
----------~--~----_--.
.----····-----··· --------~
------'-----..... -------------
Thank You?
JAN-10-2003 10:07 PITKIN IRON CORP. •
ACZ Laboratori•s, Inc.
Z7T3 Oownrril Dnw. SINmb09t S¢n0s. CO IJ0'87.(IOO) ~
J andM Pump
Project 10:
Sample ID:
Cotlroims.fecal
Liiii Fil!J'aUO.,
GABOSSI WELL #'l
WELL#2
. ---... .::. .. :. · .. ·. ·--·--..:.
SM92220 • Mel!OatM f:iller
$M3030B
Nilr8te as N, di9'0!Yed Celculatloft: H0'3N02 minus N02
l"fltnltWNilrit• as N, M353.2 -Auiom.ted ~mlum
dt$$Olv9CI Reductio11
Nitrite z N, ~eolftd M:JSJ.2. ~·Cedmiu,.,.
Rftludion
Resklue ,Non-~160.2 • Gmlmetric
~alt-'etllo (TSS)
@105C
0
0.20
0.20
H
u
9709450212 P.02 •
Inorganic Andlyt1cal
R~suits
A.CZ ID: UftiOf.41
Oata Sampled: 11125102 14.00
Date Received: 11126102
Sample Matrix: Gn:Jll1d Wafer
i111'100ml 5 11.12l/02 15:'3
11'/26/02 15:15
mall 002 0 .1 , 2/03/02 , 0'.50
n¢ 0.02 0 .1 11128J02 15:27
mg/I. 0 01 o.~ , 1/26/02 15;21
mglL s 20 11127/02 15:19
s;c:
lzg
Qk;
pit
i:lll
mall
Nole: Sample was rec1?Ned after the hofdtlme for COiiform analysis had expired.
REPIN.01 .11 .00.01
l
' r r
~ r
I
'-i
l r
•
LABORATORY & RADIATION SERVICES
8100 LOWRY BOULEVARD
Colondollooonnxo< DENVER, CO 80230-6928
~
SAMPLE INFORMATION: D COMMUNITY
D ROUTINE
FEE STAMP
LAB 106 (07/97)
US MAIL
PO BOX 17123
DENVER, CO 80217
•
WATER
BACTERIOLOGY
D OTHER _________ _
5 T1fl/ / -/lo -t' 3
}1wH JLfS-111/J
F\~,~~ ;-n-03
DATE TIME [:ii' BY
'coLLECTED . /f&fil ~D ;~ --
~ 0 DENVER 0 :VbGO 0 GAD. JCT. ~
ANALYST~~"'!!::=»----~
FEB-27-2001 P I TKIN IRON COR P . 970945021 2 P.08 • r9:--IL;ED l
IN W i\Tl~i{ C:i'.j:~:r l
rn TllF.: nr:;rnrcT counT IN f\Nu ran
W'ATEJI DIVJSTON 110 . 5
Uivi~iun f'•u. ;, ~
n't'ATE o :r COLORADO
C/ISr, NO. W-~
IN Tm: HATl'E:R OF TllE
/I !'!'J,JC:ATION FOil
W'An;R nIGll'l'Z OF
LARRY BOWLES
)
)
)
)
••••••• : ................................. t
.,,. rir r••1t.,
IN TllE COLORADO RULING OF THE . REFEREE
.Rl v~;n OT! ITS TRIDUTARIES AllSOLUTE D.FXREE FOR
TIUllUTARY INvOLVE:D:
)
)
')-
)
)
UNDE.ll GROUND Wf\TER ~IGllTS
It_i • GARFIELD COUNTY
And the Referee havinG made the investigations required
by l\J-ticle 21 of Chapter 1118 1 C.ll.S. 1963 1 as amended docs .hereby
make the following ruling, to wi _t:
This applicotion wnG ref~rred to the Water Referee of
Water Division No. 5 on the 12th day of July 19'ig_. . -r
l. Name ·of APl'licanl · ·
Adui'ess
Larry Bowles
819 Gra n d Avenue -
Glenwood Springs, Colorado
· 2. The name of the structure is Bowles Well
3. The Lee;ill description of ~he structure is : . The we 11 is located
in the NW~ of Section 35, T. 5 s., R. 90 w. of the 6th P.M.
at a point whence the Northwest Corner of said Section 35
bears N. 41°47'13" W. 2010.11 feet.
11. The depth of t he well is 50 feet. l/1 -7 8.:?0
.
::;i.. -=-1 7' 9 B . 8 r ...v-o--r 1 8
?: = I 3 J 1 • 3 G' .:Ft fN/.Es r 5. The date of initiation of appropri ation is March 14, 1972. ·
6, The amou_nt of "ater claimed is 0.033 cubic: foot pe;) 15 '1 c..i\..J......_~·
second of time • .J ?.,c--·~-t-<-.. 7. The use of the water i6 domes tic. '
8. The State Engineer's JilUmber is 52966.
9. The Priority date is March 14
1
1972.
10. The date of the application was June Jo, 1972;
It is the ruling of the Referee that the statements in the
application are true and that th e above de3c ribed water right is
approved and granted tho indicated priori t y; oubject, however, to
all earlier priority r i ghta of .others.
It is accordi nr,ly ordered that ·t hi o r uling 5holl become
effective upon filine; with the Water Cler k, subject to Judicitl review a$· provided by law.
-··.-::: ··-·
TO TA L P .08
• •
I
JOHN C. KEPHART 8c CO.
GRANH JUNLilON lA£0RAl~HlfS
---4~ NOllTM Aw•NUC t "'"°"«: (a70). 2'2-?ele • l"Ait: ($70) 243•7US • GltAHD JUNC'l'ION, COLOAADO 9tS01 --. -
lleo~ fnnn:
-ANALYTICAL REPORT -
J ~ M ~ump Co. c~!
Rick <~70)945-~159
Soll -117 Road
Glenwood Springs, CO 81601
cc~
0178
Precision Cut ~ Design
5403 C: Rd. 154
Glen~ood Springs, CO 81601
970-947-0020, FAX 947··9634
Gabossi FAX 94~-0~12
water
CtJStu..-No .----------ubcntory No. _________ '"'·-S~I~ ---------
9/29/02 9/9/02
O.tt Reomved ----------------Date ltepon.:d .. -----------------
Sample
Total Suspended Sclids
Ni tr ate tN)
Nit.ritot<N>
Total Coliform Bacteria
TSS
Ni tr ate
Nitrite
TC9
011e *I
Gabos!!!Si Well ¥
<S mg/l
o. 14 moll
o.oo ~g/l <<0.01>
C colonio•/lOOml
Method
EPA H~o. 2
ASTMD.38&7-908
ASTMD386 7-q(18
St1 922:2B <MF)
Data tast.i!d
9/6/02
9/&/02
8/:l('.J/02
8/~'9/02
Form No.
GWS-25
OFFICE OF THEAl-ATE ENGINEER A
COLORADO DIVT§°ioN OF WATER RESOURC~
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581 LIC '
WELL PERMIT NUMBER 0 57579 -F
~~~~~~~~~
APPLICANT DIV. 5 WD39 DES . BASIN MD
CONRAD & MARSHA WAGNER
5403 CR 154
GLENWOOD SPRINGS, CO 81601-
(970) 945-0020
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1 /4 NW 1 /4 Section 35
Township 5 S Range 90 W Sixth P.M.
DISTANCES FROM SECTION LINES
2200 Ft. from North
2380 Ft. from West
UTM COORDINATES
Section Line
Section Line
PERMIT TO CONSTRUCT A WELL Northing: Easting:
1)
2)
3)
4)
5)
6)
7)
8)
9)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights . The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a ve sted
water right from seeking relief in a civil court action .
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2 , unless approval
of a variance has been granted by t he State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
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 shall be operated
only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Eng ineer, is in
effect, and 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 . WDWCD
contract #020328CMW(a).
The use of ground water from this well is limited to drinking and sar:i ita r:y purposes inside a commercial business, vehicle
washing and the irrigation of not more than 5000 square feet (0 .11 of an acre) of home gardens and lawns. All use of this
well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as the
Wagner Well.
The maximum pumping rate of this well shall not exceed 25 GPM.
The average annual amount of ground water to be appropriated shall not exceed 1.4 acre-feet.
The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and co urt c ase
number(s) as appropriate. The owner shall take necessary means and precautio ns to preserve these markings .
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.
This well shall be constructed not more than 200 feet from the location specified on this permit.
C£... 30 K.~ 0"2--
APPROVED
CJE
State Engineer
REVISED May 200 I • •ntract #020328CMW(a)
p #428
Approved 3/28/02
WEST DIVIDE WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
Name of Applicant: Conrad and Marcia Wagner
Quantity of Water in Acre Feet: _..:.1.:..::.0'-------------------------------------
Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado,
organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-10 I , et seq ., (hereinafter referred to as the "District") for an allotment
contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this
Contract and the attached Application, App'.icant hereby agrees to the following terms and conditions:
I . Water Rights: Applicant shall own water rights atthe point of diversion herein lawfully entitling Applicant to divert
water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well. it must be understood
by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources .
2 . Quantity : Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's poim
of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administr:ition by the Colorado
State Engineer during periods when said :fo ~ct flow water right is not in priority, the District shall release for the use : :-."· ---::.; ;.:n up to said
quantity in acre feet per year or swrage \\;J(;;~ _ .• _,_:_ : ;:;atr oii ed by the District. It is understood that any quantity allotted from direct flow,
storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal
availability of water from District's sources . Any quantity allotted will only be provided so long as water is available and the Applicant full y
complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of t 1;c Disi:i ct 's ..Jec rees ma y
be in the name of the Colorado Rive r Wa ter Conservation District, and the ability of the District to allot direct flow rigm to the Applicant may
be dependent on the consent of the Colorado River \V ater Co nservation District. If at any time the Applicant determines it requires less water
than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be
reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only .
3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used
for the following beneficial use or uses : municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir
and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-
70-W054 7 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted
shall be within or through facilities or upon land owned , leased, operated, or under Applicant's control.
4. Decrees and Deliverv: Exchange releases made by the District out of storage from Ruedi Reservoir. Green Mountain
Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District. shall be delivered to
the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of
1
water at su.ch outlet or points shall consti.erformance of the District's total obligation. De. of water by the District from ~uedi Reservoir
or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau ofReclamation. Releases from other
facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermor_e, the District
hereby expressly reserves the right to store water and to make exchange re leases from structures that may be built or controlled by the District
in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the
Applicant's allocation not delivered to or used by Applicant by the end of each water year (October I), shall revert to the water supplies of the
District. Such reversion shall not entitle Applicant to any refund of payment made for such water.
Water service provided by the D istrict shall be limited to the amount of water available in priority at the orig inal point of
diversion of the District's applicable water right, and neitherthe District, nor those entitled to utilize the District's decrees, may call on any greater
amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance
losses between the origina l point and any alternate point, and such estimate shall be deducted from this amount in each case .
5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the D istrict's
water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree
is the exclusive respons \J ility of Applicant. The District reserves the right to review and approv( any conditions which may be attached to
judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant
acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any .:hanges in wate r
rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible
for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's
intended beneficial use . Irrespective of the amount of water actually transfe rred to the Applicant's point of diversion . the Applicant shall make
annual payments to the District based upon the amount of water allotted under this Contract.
In the event the Appl :cant imcn .!;; 10 .l.'; .:: for an alternate point of diversion and to develop an augmentation pi a n and institute
legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the
Applicant shall give the District wrinen notice of such intent. ln the event the Applicant develops and adjudicates its own augmentation plan
to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In ar.:. :?.' ent. the District
shall have the right to approve or disapprove the Applicant's augmentation p lan and the Applicant shall provide the D istrict -::;:ip1<::s of such plan
and of all pleadings and other papers filed with the water court in the adjudication thereof.
6. Contract Pay ment : Non-refundable , one time administrative charge, in the amount determined by the Boa rd of
Directors of the District from time to time, shall be submitted with the appl ication for consideration by the District.
Annual payment for the water service described herein shall be determined by the Board ofDirectors of the District. The initial
annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice
wi II advise the Applicant, among other things , of the water delivery year to which the initial payment shall apply and the price which is applicable
to that year.
Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January I. I fan a nnual
payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail , return
receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application .
2
Water use for any part of a water year s.equire payment for the entire water year. No. herein shall be construed so a~ to prevent the
District from adjusting the annual rate in its sole discretion for future years only.
If payment is not made within fifteen ( 15) days after the date of said written notice, Applicant shall at District's sole option
have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of
water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District.
Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources
offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use.
7 .. Additional Fees and Costs : Applicant agrees to defray any expenses incurred by the District in connection with th e
allotment of water rights hereunder, including, but not limited to , reimbursement of legal and engineering costs incurred in connection with an y
water rights and adjudication necessary to allow Applicant's use of such allotted water rights.
8 . Assignment: This Contract shall not inure to the benefit <'fthe heirs, successors or assigns of Applic ant. without
the prior v ritten consent of the District's Board of Directors. Any assignment of Apr licant's rights under this Contract shall be subject to , and
must com~ly with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the a ssumption of
Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from appl ying
to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and
filing of proper forms for assignment and change of ownership .
In the event the water allotted pursuant to this Contract is to be used for the benefit ofland which is now or will subsequently
be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to : I) No more than three separate
owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association , water district, w ater
and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then. onl y if s uc h
parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applic a nt's
obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Appl icant's property to be served under th is
Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners ass ociation
or special district as provided above .
Upon the sale o f the real property to wh ich this Contract pertains, Applicant shall make buyer aware of thi s Cont ract an d
proper forms for assignment and change of ownership must be completed.
9 . Other Rules : Applicant shall be bound by the provisions of the Water Conservancy Act of C o lorado; by the rule s
and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all o ther appli ca ble law .
I 0 . Operation and Maintenance Agreement: Appl icant shall enter into an "Operation and Maintenance Agreement"
with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District
determines in its sole discret ion that such an agreement is required. Said a greement may contain , but shall not be limited to, provi s ion s fo r
additional annual monetary consideration for extension of District delivery s ervices and for additional administration, operation, and maintenanc e
costs; or for other costs to th1: District which may arise through services ma de available to the Applicant.
3
l I. Change of. The District reserves the exclusive right to rev. reapprove or disapprove any p;oposed change
in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder
without the prior written approval of the District shall be deemed to be a material breach of this Contract.
12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the
documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant.
Any use other than as set forth thereon or any !ease or sale of the water or water rights herein, othe: than as permitted in paragraph 8 above,
shall be deemed to be a material breach of this agreement.
13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal
fee title interest in or to any water or water rights referred to herein.
14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water
rights herein, and hereby agrees to be bound by any conservation plan adop ted hereafter by the District for use of District owned or controlled
water or water rights .
15 . Restrictions : Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (on
the formula ofone acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock,
fire protection, and the irrigation of lawn and garden as specified in the Application.
Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado
Division of Water Resources .
Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless
Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering. provided that in no event
shall actual diversions exceed the amount of water provided by this Contract.
Violation of this paragraph 15 shall be deemed to be a material breach of this Contract.
16 . Well Permit: If Applicant intends to divert through a well, ihen Applicant must provide to District a copy of
Applicant's valid well permit before District is obligated to de liver any water hereunder.
17 . Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable
by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times
all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings
from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could resu lt
in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract,
Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours
for the purposes of determining Applicant's actual use of water.
4
18. Representa.: By executing this Contract, agrees that it i. relying on any legal or enginee~ing advice that
Applicant may believe has been received from the District Applicant further acknowledges that it has obtained all necess~ legal and
engineering advice from Applicant's own sources other than the District Applicant further acknowledges that the District makes '!.o guarantees,
warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable
to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District.
19 . Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include
Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay
to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the
proceedings . Applicant shall be assessed a pro-rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the
water court case. The pro-rata share shall be calculated by dividing such total cost by the number of contractees included in the filing . To the
extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing ,
such additional costs may be charged specifically to Applicant and not shared on a pro-rata basis by all contractees.
20 . Binding Agreement: This agrePment shall not be complete nor binding upon the District unless attached h ~reto is
the form entitled "Application to Lease Water From West ' >ivide Water Conservancy District" fully completed by Applicant and approved by
the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence
from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms a nd
conditions of this agreement.
21. Warning : IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN AV ALID WELL P .l:.,"Z.\L ;·
OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, lNCLUDING THE WATER ACQUIRED UNDER THJS C ONTRACT.
IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VAUDlTY OF THE WELL PERMI T OR . ··.,..E R RIGHT
INCLUDING FILING FOR EXTE N S ;u i'<S J t ; ;::., :·s. FILING WELL COMPLETION REPORTS, FILING ST A TEMENTS O F
BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT
WASTE.
22 . AREA 8 . C ONTRACTS : IF APPLICANT'S WELL OR OTHER WATER RIGHT THA T IS THE SUBJECT OF
THIS IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES : THE
AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATE R
RIGHT FROM A CALL ON THE COLORADO RlVER AND MAY NOT PROT ECT APPLICANT FROM A CA LL FRO M ANY OTHER
SENIOR RIGHT . NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. \FTH\S IS A CONCER'-, T'"' .'.PP U CANT, THIS
CONTRACT 1\IA Y BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE
NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY
APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT.
7 I 11,· I,. 1.111.. t1 -1 / ~ 1
"
Applicant Applicant
5
sTATE o{o/oc~ Jo ) • •
) SS.
COUNTY OF 6 Wb{_ )d)
' .
Witness my hand and official seal.
My commission expires : 9 /o h 0 0 S--
___,7,_._,/~~~~~
,/'/j uLA-
/, /,/' .
<---. Notary Public
ORDER
After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application , it is hereb y
ORDERED that said Application be granted and this Contract shall be and is accepted by the District.
ATTEST :
Contract:
WEST DIVIDE WATER CONSERVANCY DISTRICT
~::G~-B y ~~~~~~~~~~~~~--"~~~.,,:-~/~1.~~~~~
President
-. -~:' .. r -..,_2~t" ~~
'-,/ y~ / :?:"---?:~ ~
d~ Secretary --> Date
This Contract includes and is subject to the terms and conditions of the following documents which mu st accom pa ny this
I . Map showing location of point of diversion (use map provided)
2. Application and Data Form fully completed and signed
6
TdalOemend
{1) (2) (3) (4) (5)
l>omeiinlc: vdild• L..vn Crop
Mooth lrrlloulie MW1ln!I Irrigation llrigalion u-lod<
JMury 0 .071 0 .020 0 .000 0.000 0.000
F.tiru11y 0 .064 O.OlO 0 .000 0.000 0.000
Maroti o.an 0.020 0 .000 0.000 0.0oa
April D.069 · 0.02) O.Oi-4 0.000 O.QQO
M1y 0.071 o .~ 0.057 0 .000 OJlOO
June 0.069 0 .020 0 .070 0 .000 0.000
July 0 .071 D.020 0.067 0.000 . 0.000
Augutt 0.071 D.020 0.04-4 0.000 0..000
~bef o.om 0.020 0.038 0.000 D.000
~ 0.071 o.021 0.015 0 .000 o..oao
N~ o.om o.~ Q.000 0.000 0.000
Oec:.mber 0.071 0.020 Q.000 0.0()() 0.000
TOTALS-> OMO 0.240 0.30e 0 .000 0 .000
{1) . NUMBER OF OFFICES a
·~ 10 . .. ...... raonlday 15
(2) CommercilllO!her Cemend (ef) 0.2..a
whlcle Mshlng
(3) Sq. Ft . ot Lawn r~ :KJOO
LNn .Appl~ion Rllte (lflac) 2.675
(4) 'Acfes cf Crq> lrr\)ated 0.00
Crop AJ>pl lcation Rate (aflac} 0.000
WAGNER 'WELL
WATER REQUIREMENTS
(ecrc teet)
(6} (7} (8)
~ic: Cocrmelcill
Conau1'Nl41Ve UM
(9) (10) (tt)
Lawn Ctop
TOTAL ln-hocJM urOU-lniaation lrrigaljon ~
O.D91 0 .007 0 .002 0.000 0.000 0.000
O.D84 0 .006 0 ,002 0.000 . 0.000 0.000
0.1)91 0.007 0 .002 ~.000 0.000 0 .000
0.103 OD01 O.tm 0.011 0.000 0 .000
o.ua 0 .007 0.002 0.046 0.000 0 .000
0 .159 0.007 0 .002 O.C66 0.000 0.000
0 .156 0 .007 0.002 O.OM 0.000 Q.CXlo
0.136 0.007 0 .002 0.036 0.000 0.000
0 .127 D.007 0.002 C J"~ 0.000 o.cm
0.106 O.oo7 0.002 0.012 0.000 0.CXX>
0 .089 D.007 0.002 0.000 1).000 0.000
0 .091 0007 0.002 0 .000 0.000 0.000
1.385 0,084 o.o:z• 0 .2« 0.000 0.000
Aasumdi!iol
(!) t at Uwetoctc G 11 galald!y D
m '11.CUhlfOom~ 10
(8) • t.avm Wrig. Efllolenoy BO
Cooeuniption of 1"11 . (af /aci} 2.140
(10) % Cn:ip lrJV. Emctency 80
Ccinaumplion of lnig . (lf/ac) 0.00>
(9-10) Eleva tion (feet) flOOQ
. -·--..
{12)
TOTA!: • D.000
o.ooe
i>.000
D.D20
D.DIS&
O.oelS
0.0!53
o.~
0.039
0.02'1
o .~
0.008
0 .352
•
..........
(fr ij} ..
0 .o;..
..
I
'·i·.:.:.~
... ··
.. < .·
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;"'·------.~ .
..b I ~ ")
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. . "_(:;-~ ..
·--·~·-.J.·~. _._:.~/. i :~ ·--'
. ;· t: _: ..
~-~. .-. ·~·t -~{ :~
;-~~ l · ··;;. .;
··.-~;:-£
'.n . ...
.. -.,,.~ .. ·-.. ~ --;,....' ... :.:-~ ·~ ~" ·. -·:-: .. ~ ...
·:\,.
.. ,_ .. ___ .....___._ .. _,,r'··. . --..-·-·-··
--· --·---· .. ---':· ·-.... -.. ...
........
i ··
/.
~-·~,:~. .f : ....... ·~--.......
"f
-·---·---:"'
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PAGE 04
01/09/2003 15:57 PRECISION CUT DESIGN 9709479534 • • 'J-d: .M. !Jump f.om.panl,f to,
DATE: November 25, 2002
TO: Conrad Wagner
111 Park Drive
Glenwood Spgs Co 81601
RE: Well Test
Attn: Conrad,
8611 ~ 9load 117
~ Splfintp eJ!J 81601
!i'fiaM: 970-945..(,/59
&ll: 970-948..(,159
Sa,x: 970-945-6159
Well Test
& "'"~"'bi-"1: ( -.c-1 ~1.,._,,,,.
-v--/cll -\..-o{-4
A four hour we11 test was performed on a new well .located on the property at Canyon
Creek. This well is the east well located by the new Church. The following results were
obtained:
Well Depth:
Water Level:
Drawdown:
Sustained Yield:
Clarity:
Recovery:
Samples :
165'
70'
24'
25GPM
Clear
95% within 10 minutes
State Standards-Steamboat Lab
If you have any quest ions, please call Rick, 945-6159.
J & MPump Co.
~ I . / ~d4t. f,1"/j/ dzit .
Richard A. Holub
Lie. No 1196
Thank You!
01/09/2003 16:57 970947%34 • ACZ Laboratories, Inc.
2773 Downhill Dl'iVe Stssmboal Springs. CO 80487(800) 334-5493
J and M Pump
Project ID:
Sample ID :
Wet Chemistry
CONRAD WAGNER COMM
WELL#3
PRECISION CUT DESIGN PAGE 03 •
lno_r_g _anic An_~~~!l,S~~
· Results .
ACZID:
Date Sampled:
Date Received:
Sample Matrix:
. . '.. .. .. ·-·
L39506-Q2
11125102 10:00
11126102
Ground Water
..
Param.,ter EPA Mcrhod Result 'Qual Unib ·MDL PQL · Date · Analys
Coliform$, fecal SM92220 • Membrane Filter 0 H #/lOOml 5 1112a102 16:00 sjc
Lab Filtration SM 3030 B 11/26/02 16 :00 lzg
Nitrate as N. dissolved Calculation: N03N02 minus N02 0.10 mg/L 0 .02 0 ., 12/03/02 10 :5 0 ca1.:;
Nitrate/Nitrite as N, M353.2 • Automated Cadmium 0.10 mg/L 0.02 0.1 11 /26/02 15:28 pll
dissolved Reduction
Nitrite as N, dissolved M353 .2 -Automated Cadmium u mg/L O.Ol 0.05 11/26/02 15 :26 pll
Reduction
Residue, Non· M160.2 -Gravimetric 60 mg/L 5 20 11(.;!7/02 15 :22 mah
Flllel<lble (TSS)
tSi I U:l\.,
Note: 'sample was received after the holdtlme for Coliform analysis had expired.
J.39506: Page 3 of 8
' '
•
LABORATORY & RADIATION SERV ICES
8100 LOWRY BOULEVARD
DENVER , CO 80230-6928 .
SAMPLE INFORMATION: 0 COMMUNITY
LAB 106 (07/97)
US MAIL
PO BOX 17123
DENVER , CO 80217
0 NON-COMMUNITY
•
WATER
BACTERIOLOGY
0 OTHER _________ _
. sfJ1fl,r t-tl,-OJ-
h'V Ho ti SC
J l{ 5111
11&<1 ZS ZOOZ I I .tJ PROW'DIYJWAIERE3
l~ed May 29 11 : 19: 09 MDT 2002
Receipt 9500725
Permit 56103 F
Div
Basin
5
Engineer DMW
u ame
WAGNER CONRAD
Address
111 PARK DRIVE
City
Wd
Md
User
GLENWOOD SPRINGS
Telephone
(970) 945-6076
Case 97CW162
PennitXRef
39
DMW
State co
Well Name BO'M..ES WELL NO. 4
County GARFIELD
010
Q40 NE
0160 NW
Sec 35
Ts 5 South
Rng 90 West
Pm Sixth
1200 feet from North Section line
2140 feet from West Section line
Subdivision
GABOSSI/WAGNER EXEMPTION
Parcel Size
17.38
am c IVI
Interim Status
PIN
23-2123-352-00-126
9108400141
OLORAOO DIVISION OF WATE SOURCES
Zip
81601-
Filing Block Lot
4
ses
HOUSEHOLD USE ONLY
AUGMENTATION
Pump Rate
P r oposed 15 .00
Actual 0.00
Irr igated Area 0.00
E l evatlon 0
Perf Casing Top O
Perf Casing Bottom 0
Water Level 0
Ann Amt
0.39
0.00
Depth
250
0
Aquifer1
Aquifer2
Driller
ALL UNNAMED AQUIFERS
UC
Pump Installer
Statute Meter Log Qual AbReq
1372 No No No No
Comment
Li mit use to HUO, being 1 SFD and no outside
uses. Max use per aug plan is sixty (60) SFD
from six (6) wells. Tax Schedule Number. 040
337 (totaling 59.810 acres).
Last Action 10-04-2001
10-04-2001
10-04-2002
Well permit issued.
Permit Issued
Permit Expires
Expire Notice Sent
Well Const Report
Well Const Complete
Well Report (Non-trib)
Pump Install Report
Pump Install Complete
1st Beneficial Use
Statement Benef. Use
Benet Use (Non-trib)
Abandonment Report
Well Plugged
• 1 d: .M :Jump &n,pantf •
8611 0Juntq, !Road 117
qLauuood Sp~ elJ 81601
!l'fuuie: 970-945-6159
TO: Conrad Wagner
111 Park Dr.
Glenwood Spgs, Co 81601.
DATE: August 19, 2002
RE: Well Test
Attn: Conrad,
&tL: 970-948-6159
~aa;: 970-945-6159
Well Test
A four hour well test was performed on a new well located on property by Canyon
Creek. This well is permitted# 56103-F or upper well. The following information was
obtained:
Well Depth:
Static Water Level:
Drawdown:
Sustained Y ield:
Clarity:
Recovery:
Comments:
Water Samples:
347'
185' measured from top of casing
56'
14.5 GPM
Clear
90% within 25 minutes
This well test displays the adequacy for three
Single family dwellings to share this well
State Standards Water Test
If you have any questions, please call Rick, 945-6159.
J & M Pump Co. j ;J/!411~//-1 ;Jd. ')
Richard A. Holub
Lie. No. 1196
Thank You!
;..
• JOHN C. KEPHART & CO. •
bRAN~ J~N[Tl~N lA~~RAl~Rlf~
435 NORTH AVENUE + PHONE: (970) 242·7618 + FAX: (970) 243·7235 + GRAND .JUNCTION, COLORAOO 8150 1 ---
-ANALYTICAL REPORT -
Received from:
J ~ M Pl.tmp Co. cc: Precision Cut & Design
54(>3 C Rd. 154 Rick (9701945-6159
8611 -117 Road Glenwood Springs, CO 81601
9 70-947-0020, FAX 947-9634 Glenwood Springs, CO 8160 1
cc: Gabossi FAX 945-0212
01 0 5, 0 1 76 1..;a t C?r
Customer No.----------uboratory No. ____________ Samplr --·
8/23 /02, 8/29/02
D•te Received------------
Sample
Total Suspended Solids
Ni tt-ate (N)
~.Ji trite (N)
s.ampl e
Total Coliform Bacteri•
TSS
Nitrate
Nitrite
TCB
______ O;ate Reported--------
0105
.Wagner Upper Well #3
received 8 /23 /0 2
17 mg /l
0.34 mg/l
0.00 mg/l
0176
(<0.01)
Wate~-Sample
received 8/29 /02
0 colonies /100ml
9/10/02
Method De1te tested
EPA 160.2
ASTMD::a6 7 -9 08
ASTMD3867-90B
SM 9222B <MF)
8 /29/02
8/27/02
8/23/02
8/29/02
Di 1-ec tot··:
•' l·h~ ;, , 19· t~ !l ·':l!li ~t·;•· ~. • . I •'!ii;~·
•• J 1, !' ,r: I I I ' •
1
' • ;,•,!. ~ '1 "'1 • ,f~I ,' ·~ rl '~' I ' '•;·"""..,.,
·,
Application Date: 411812002
Termination Date:2/15102
District: 1
•
Application for Driveway Permit
Permit Number:15
County Road Number: 138
Sub-Contractor:
Permitee: Conrad Wagner
Inspector: Doug Thoe
~·
Conrad Wagner hereby requests permission and authority from the Board of County Commissioners to construct a
driveway approach (es) on the right-of-way off of County Road~CR 138 and HWY 6&24, adjacent to Applicant's
property located on the North side of road for the purpose of obtaining access to property.
Applicant submits herewith for the consideration and approval qf the Board of County Commissioners, a sketch of the
proposed installation showing all the necessary specification detail including:
1. Frontage of lot along road.
2. Distance from centerline of road to property line.
3. Number of driveways requested
4. Width of proposed driveways and angle of approach.
5. Distance from driveway to road intersection, if any.
6. Size and shape of area separating driveways if more than one approach.
7. Setback distance of building(s) and other structure improvements.
8. No unloading of equipment on county road, any damage caused t o county road will be repaired at subdivision
expense.
9. Responsible for two years from the date of completion.
General Provisions
1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by
him for the bona fide purpose of securing access to his property and not for the purpose of doing business or
servicing vehicles on the road right of way. ·
2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the
construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date.
3) The type of construction shall be as designated and/or approved by ~he Board of County Commissioners or their
representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the
Board of County Commissioners or their representative.
4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board
of County Comm issioners and their duly appointed agents and employee shall be held harmless against any action
for personal injury or property damage sustained by any reason .of the exercise of the Permit.
5) The Applicant shall assume responsibility for the removal or clearance of snow, ice. or sleet upon any portion of
the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal
operations.
.• • Specifications •
1. A driveway approach is understood to be that portion of the county road right-of way between the pavement edge
and the property line that is designed and used for the interchange of traffic between the roadway and abutting
property.
2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the
normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum
intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be
provided.)
3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to
obtain adequate sight distance in both directions along the county road in order to maneuver safely and without
interfering with county road traffic .
4. The Applicant shall not be pennitted to erect any sign or disp lay material. either fixed or movable, on or
extending over any portion of the county road right-of-way.
5 . Qenerally, .no .more than one approach shall be allowed any pare~! or property the frontage of which is less than
one hundred ( 100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100)
feet shall be permitted only after showing of actual convenience and necessity.
6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon
adjoining property.
7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline
of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater
than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by
permissible radii .
8. The ax.is of an approach to the road may be at a right angle t o the centerline of the county road and of any angle
between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will
be made according to the type of traffic to be served and other physical conditions.
9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited.
Commercial establishments for customer vehicles should provide off-the-road parking facilities ..
10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the
.normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20)
feet from the pavement edge. Approach grades are restricted to not more than ten percent ( 10% ).
11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the
street or county road. The Applicant will be required to provide, at his own expense, drainage structures at
entrances and exits, which will become an integral part of the existing drainage system. The Board of County
Commissioners or their representative, prior to installation, must approve the dimensions of all drainage
structures.
Note: This permit shall be made available at the site where and when work is being done. A work sketch or
drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing,
blll_9rint, or sketch.
Special Provisions for Excavat10n ot Road :surraceanu 1nsta11auon • • I) Any oversized material, (larger than 10 inches in diameter), that is not utilized in backfill will be hauled off by '.
permitee. Further, any frozen material will be removed from site by permittee.
2) When a paved or chipped surface is cut, it is to be replaced with a minimum three-inch (3") hot mix asphalt patch.
Temporary patch with cold mix asphalt would be allowed, which would be replaced with hot mix asphalt when
the weather or availability of materials allow the work to be completed. An asphalt or chipped surface cut would
require the road to be straight cut and squared by means of a pavement cutter or saw. A chipped surface cut will
require a seal coat of the patch, which will be full width or half width of roadway when trenches run with the
road. For trenches across the road, the edges of the seal coat will overlap the existing edge. All seal coats will
overlap edges by a two of the roadway in the vicinity of the excavation. Asphalt hot mix or cold patches will be
completed in a maximum of five (5) working Days. Weather permitting.
3) When possible all installations should avoid the top edge of a fill slope.
4) Installations in drainages subject to flash flooding will have a minimum bury of 4 feet deeper than normal flow
line at nearest abutment, wing wall, or culvert.
5) Installations at culvert crossings will be buried beneath the culvert with a minimum separation of 18 inches
between installation and the bottom of the culvert.
6) Open trenches adjacent to the traveled roadway shall be backfilled daily to within 100 feet of the working area of
the trench, and shall be barricaded with warning devices after dark. A 3 foot high orange plastic fence will be
installed daily to keep livestock out of the open trench after hours.
7) In areas being disturbed where vegetation is established, reseeding with a mixture either by broadcasting. drilling
and mulching with seed mixtures suitable to the climatic conditions or existing vegetation will be performed. Use
only certified weed-free seed. Noxious weed control will be ongoing along with revegetation.
8) The permittee should check the R-0-W of surrounding landowners to see if other permits are required, i.e., BLM,
Forest Service .
. --· ·--.
6) In the event it becomes necessary tanove any right-of-way fence, the posts ··ther side of the entrance shall
be surely braced before the fence i-to prevent any slacking of the remainin ce, and all posts and wire
removed shall be turned over to the District Road Supervisor of the Board of County Commissioners.
7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written
permission of the Board of Cowity Commissioners.
8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County
Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and
incorporated herein as conditions hereof.
Special Conditions:
1. 15" Culver4 24ft in length
2. Maintain road crown of CR 138 for aprox 8ft to preclude any driveway surface drainage from reaching
surface of County Road.
3. Owner will move existing fence located along CR 138 to an alignment just within the south property line of
lot 1.
4. Culvert will be depressed to allow adequatre cover as well as the continuation of the road crown.
5. Owner may need to chase the grade of the road ditch to the existing culvert crossing CR 138.
In signing this application and upon receiving authoriz.ation and permission to install the driveway approach (es)
descnbed herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions
and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved
/,) (/ , ) by the Board of County Commissioners.
Signed' ~ LA-~ onraawagner--
Address: S 'f O ,3 Ce..J""~t -9., i:> .... ~ \St{-Q\~"'\.-00•~ 3f ... -. 1'1)S
CC'i-7 -OOa10 Telephone Number: er/ 0 -
Permit granted 4/18/2002, subject to the provisio~ specifications and conditions stipulated herein.
For Board of Cou7issioners' of Garfield County, Colorado:
~&:/th:ie~
Representative of Garfield County Road and Bridge Signature
.. -
' • •
Garfield County
Road and Bridze, District 1
1015 School St., Glenwood Spriacs, CO 81'°1
9'70-94~ pb. A FAX
Date: 4· 16-02
To: GARCO Headquarters1Wendy/Mike
From: Doug Thoe
Re: Driveway permit
For. Conrad Wagner
ll l Park Dr.
Gknwood Springs. CO 81601
970-945-6076
Loc•tioo: Lot 1, GabossvWagner Exemption Plat. Proposed driveway is located on
nort...h side of Slaughterhouse Rd, (CR 13 8), prox 100 lf east of the west intersection of
State Highway 6&24 and CRl 38. ·
Scope of Work: Owner proposes to construct a new driveway to access Lot J.
Road and Bridge Concerns: Stand.aid provisions, install 15" corrugated steel pipe in
road ditch, maintain road crown of CR 13 8 for prox 8ft, to preclude any driveway surface
drainage from reaching the driving surface of the county road. Road and Bridge
r~ommends a minimum culvert length of 24 ft. Owner agrees to move the existing
fence, located along CR 13 8, to an alignment just within the south property line of Lot 1.
Culvert will be depressed to allow adequate cover as well as the continuation of the road
cro"il. and O'i\ner may need to "'chase" the grade of the road ditch to the existing culvert
crossing CR138.
~·
• •
Driveway Easement, Improvement and
Maintenance Sharing Declaration
THIS Easement, Improvement and Mainte nance Sharing Declaration i s m ade
this __ day of January 2003 by Mary Ann Gabo ssi and Roe Anthony Gabossi.
WHEREAS , the undersigned are the Owners of Lots 2 and 4 of the Gabossi
Exemption Plat filed for record in the office of the Clerk and Recorde r of Garfield
County on , 2003, Reception Number ; and
WHEREAS, access from Garfield County Road No. 138 to and across Lot 4 and
to Lot 2 i s by virtue of a 30 foot ingress, egress and utility easem e nt over, under and
ac ro ss said Lot 4 all as s hown on t h e aforesaid Gabo ssi Exemption Plat, a nd a s
d escrib ed on Exhibit A attached; a nd
WHEREAS , the undersigned wish to set out the terms for the improveme nt
and mainte nance of a driveway to be co n stru cted over a nd across t h e Ease ment;
NOW THEREFORE , the undersign ed, h e reby states, declares and agrees as
follows:
1. The undersigned Owners of said Lot 4 h ereby grant to the Owne r s of Lot
2 of the Gabossi Exemption Plat, their h eirs, successors and assigns, a p e rp etual ,
nonexclusive E ase ment and right of way for ingress, egress and utility purposes over,
under and across said Lot 4 as show n and depicted on said Gabossi Exemption Plat.
The Easeme nt is for the benefit of a nd app u rtenan t to said Lot 4 a nd s hall not b e
extended to any other prop e rty.
2. The Owners of said Lots 2 and 4 s h a ll s h are the n ecessary a nd
reasonable costs of co n stru ctio n of a driveway over and across said ease m e nt to
service Lots 2 a nd 4, with costs a llocated one-half to the Owners of each lot. Such
costs are limited to only those improvements necessary to complete a standard
unpaved driveway which m eets Garfield County's specification s and s hall include
costs necessary to restore vegetation a nd repair any damage caused by the driveway
construction. The costs and exp e n ses of extending the drive way over and across said
Lot 2 s hall be the so le responsibility of the Owners of said L ot 2.
3. The parties agree to share eve nly t h e costs of nece ssary a nd reasonable
future maintenance including grading, s now plowing a nd additional road materials in
the easem e nt.
4. All parties shall cooperate with each other in order to coordin ate the
construction a nd n ecessary maintenan ce of the driveway ..
• •
The burdens and benefits of the provisions of this declaration s hall run with the land
and are binding upon and inure to the b e nefit of the respective, heirs, successors and
assigns of the Owners of said Lots 2 and 4.
IN WITNESS WHEREOF, the aforesaid owners have executed t his declaration
an~.:lgreement the day (yea:) first written above.
/_ i\ 46 ~~ ~Q . ~
Maryrr Gabossi Roe A. Gabossi
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
//_Vt--The foregoing instrument was acknowledged before m e this W-day of
January, 2003, by Mary Ann Gabossi and Roe A. Gabossi.
Witness my hand and official se 1.
My commission exp ires: q I~ .;2-d !J "'S' ~
~~~
NOtary Public
-2-
•
Exhibit A
ACCESS AND UTILITY EASEMENT
GABOSS I SUBDIVISION EXEMPTION
LOT 4 TO LOT2
•
AN EASEMENT FOR THE PURPOSE OF INGRESS. EGRESS AND UTILITIES, SAID
EASEMENT BEING A PORTION OF LOT 4 OF THE GABOSSI SUBDIVISION EXEMPTION PLAT
AS FILED FOR RECORD UNDER RECEPTION NO. OF THE RECORDS OF
THE GARFIELD COUNTY CLERK AND RECORDERS OFFlCE, SAID EASEMENT BE ING
SITUATED IN THE NW1/4 SECTION 35 , TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH
P.M., COUNTY' OF GARFIELD , STATE OF COLORADO, SAID EASEMENT BEING 30.00
(fHIRTY) FEET IN WIDTH LYING 15.00 (FIFTEEN) FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE, SAID EASEMENT WIDTH TO BE EXTENDED OR SHORTENED
ACCORDINGLY TO TERMINATE UPON THE BOUNDARY LINES OF SAID LOT 4. SAID
EASEMENT CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHEASTERLY BOUNDARY OF SAID LOT 4 WHENCE
THE NORTH 1,14 CORNER OF SAID SECTION 35 BEARS N04°14'07"E. 2289.06 FEET, SAID
1/4 CORNER BEING A IRON PIPE AND ALUMINUM CAP, PLS NO. 15710; AND THE
SOUTHERLY ANGLE POINT OF SAID LOT 4 BEARS S.67°03'21 "W. 153.83, SAJD ANGLE
POINT BEING A REBAR AND PLASTIC CAP , PLS NO. 27613; THENCE ALONG THE
CENTERLINE OF SAID EASEMENT THE FOLLOWING FIVE COURSES:
1) THENCE 33.24 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 25.00 FEET. A CENTRAL ANGLE OF 76°10'52" AND SUBTENDING
A CHORD WHICH BEARS N.29°31'10"E. 30.85 FEET;
2) THENCE N.67°36'36"E. 167 .80 FEET;
3) THENCE 87.82 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
500.00 FEET, A CENTRAL ANGLE OF 10°03'49 AND SUBTENDING A CHORD WHICH
BEARS N.62°34'41 "E. 87.81 FEET;
4) THENCE N.57°32'47"E. 12.57 FEET;
5) THENCE 86.53 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
· :50.00 FEET , A CENTRAL ANGLE OF 99°09'21" AND SUBTENDING -A CHORD WHICH
BEARS N.07°58'06"E. 76.13 FEET TO A POINTON THE NORTHERLY LINE OF SAID LOT 4.
THE POINT OF TERMINUS OF THE ABOVE DESCRIBED EASEMENT. FROM WHENCE THE
POINT OF BEGINNING OF SAID EASEMENT BEARS S.51°37'35-W. 343.58 FEET.
:.:~;;~~ .:!· ": ."=.:; .. , ..
• • •·· -; : PSS t # ": p -.t.• :::r
: ~s •-•'""=
Lot 1
880.902 ,q, t . e c.•'· .., ..
20. 220 acres
~
.....
"POINT ar
/[ AN
VITM REGARD TO
JNTROL or
:E or PROPERTY
ASPCCT Of"
ABOUT THESC
RS AND
rOR SUCM
c ... r an (XT[NSION
L.ot 2
1.,510,900 SQ ft .
34 .685 acres
•pQ1NT or B(Cil~INU -LOT 2 •
North l/4 Corn.r of
hct10t> 35. round 2•
Iron Pip• o.nd '-'""'"· Cop.
PLS 15710. .
~\~ ~\~
(.
Note:
•
I
:.-,-.~at .o n D.t cri
·, ,_;. --•C • -.. ~ • .:• "' , ....
No noxious weeds, as listed on the Garfield County
Noxious Weed List, were found on the property.
t;;tCr'\ .. c.:•SS ·~·o ~tp i o n.:t
(OSt'""lt'"'t!i
•
:;: :::=:--1_ J I _. ~ ~\ ....,~---~~-~:::.j/.L -~~-~"""--'-...\.::<-----'-j,
Appor•nt
'I ....,..:::.----;:;-.-I\ ..... • r -~--'POINT IT BCGINNING • I
j LOTS 3 AND 4"
/hr to Nl l " Cor. •
/, ,.N.10"07'06"(. 19H.83'
""'.?--..i" ~.Y"-.
Ovhd UU1ty Ln. to
Aol JOl"*'Q Pr~rty .
lndiCG h• -.ppGr-Pnt
[as•~nt
VEGETATION MAP
GABOSSI EXEMPTION