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HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursusant to C.R.S. (1973). Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned_ respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of /8;/_3 acre tract of land into, tracts of approximatelyljaaj ] 3 acres each, more or less, from the definitions of "subdivision" and subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: lj 11/-67- .1.1".;4 -( z XCj" �"°� ) -�'z ��. Cry\ J 142,44.--(.41, SUBtMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information. ,/A. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a i public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; Vicinity map at a minimum scale of 1"-2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and Names and addresses of owners of record of land immediately adjoining and within 200 feet of the al owners and lessees of mineral owners ofrrecord propertyofoposed the mtrto be exempted, and tenants of any structure or conversion; and proposed for F. Evidence of the soil types and characteristics of each type; and Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and tr . Narrative explaining why exemption is being requested; and: It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is; one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. A $100.00 fee must be submitted with the application. Petitioner 0.3 9 (P13 z .� -•-(9 Mailing_ Adress I J City - ��`'`��� / Sol (r-__Z.,G State Telephone Number • • EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Boarddetermines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additonal factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by,a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts; and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard tothe four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to 'a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D . Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; and E . All state and local environmental health and safety requirements have been met or are in the process of being met; and F. Provision has been made for any required road or storm drainage improvements; and G . Fire protection has been approved by the appropriate fire district. H . Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. (The School Impact Fee is $200.00 for each new lot created). PROCEDURES A. A' request for exemption shall be submitted to the Board on forms provided by the Garfield County Department of Development/Planning Division. Two (2) copies of the application, maps and supplemental information shall be submitted. B. The Planning Division shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. 1 • C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Division. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedure in these Regulations. • • LEGAL DESCRIPTION TRACT A A parcel of land situated in the MSD{ SW% of Section 34, Township 5 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the Southwest Corner of said Section 34, a brass cap in place; thence N.18.21'44"E. 1390.62 feet to a point on the southerly line of said NWi( SW!(, (as shown on a map prepared by Western Slope Surveying, Inc. dated September 8, 1980), also being a point on the westerly line of Mitchell Creek Project Filing No. 2, the True Point of Beginning; thence S.89'47'S0"W. 365.70 feet to a point on the easterly right-of-way of County Road No. 132; thence the following six (6) courses along said right-of-way; 1.) N.21'41'21"E. 2.) N.17.52'43"E. 3.) N.26.33'54"E. 4.) N.33.41'24"E. 5.) N.29.03'17"E. 6.) N.29.19'09"E. Creek Project Filing No. westerly line: 1.) 2.) 3.) 4.) 5.) 6.) N.89.59'30"E. S.04.38'47"W. S.03'01'47"W. S.03'55'03"E. S.18'29'17"W. 74.75 feet; 65.15 feet; 145.34 feet; 144.20 feet; 72.07 feet; 567.72 feet to a point an the westerly line of Mitchell 2; thence the following nine (9) courses along said 143.91 feet; 86.31 feet; 133.95 feet; 165.27 feet; 201.75 feet; S.63'44'57"W. 115.45 feet; 7.) S.18•01117"W. 144.29 feet; 8.) S.14'48'57"W. 130.75 feet; 9.) S.36'44'57"W. 59.28 feet to the True Point of Beginning; said parcel containing 6.86 scree, more or lees. 10918 OOV80103 'SONIeIdS 000."19 90£ 311f1S '13381S H18 601 eSfOHIZIf1OD .11Nf1OD 013IJJV9 Z IZ8-SP6 :ONIO1If18 / H11V3H 1V1N3WNONIAN3 / 9NINNV1d 1N3WdO13A30 AO 1N31/41dVd3a A.NfOD a-MANVJ • • LEGAL DESCRIPTION TRACT B A parcel of land situated in the SW% SW% of Section 34, Township 5 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the Southwest Corner of said Section 34, a brass cap in place; thence N.18°21'44"E. 1390.62 feet to a point on the northerly line of said SW3( SW%, (as shown onia map prepared by Western Slope Surveying, Inc. dated September 8, 1980), also being a point on the westerly line of Mitchell Creek Project Filing No. 2, the True Point of Beginning; thence the following fourteen (14) courses along the westerly line of Mitchell Creek Filing No. 2 and No. 1; 1.) 2.) 3.) 4.) 5.) 6.) 7.) 8.) 9.) 10.) 11.) 12.) 13.) 14.) Creek Park; S.36°44'57"W. S.22°32'07"W. S.09°25'53"E. S.16°09'57"W. S.11°43'43"E. S.18°12'27"W. 5.25°33'19"E. S.31°43'39"E. S.51°09'59"E. S.03°40'01"W. 5.62°10'54"E. S.72°49'59"E. 5.44°55'39"E. S.20°20'39"E. 42.25 feet; 172.71 feet; 47.44 feet; 63.68 feet; 74.45 feet; 108.45 feet; 129.42 feet; 179.45 feet; 73.07 feet; 100.64 feet; 57.11 feet; 72.64 feet; 108.71 feet; 107.71 feet to thence S.69°37'28"W. 40.00 park; thence 5.18°51'14"E. 165.28 feet Corner of said park, also being a point Road No. 130; thence the following ten of -way of said County Road No. 130 arra No. 132; 1.) 2.) 3.) 4.) 5.) 6.) 7.) 8.) 9.) 10.) SW%, (as shown 5.89°50'00"W. N.82°59'59"W. N.53°17'29"W. N.41°20'52"W. N.33°10'43"W. N.21°48'05"W. N.01°28'42"W. N.08°31'51"E. N.11°18'36"E. N.21°41'21"E. the Northeast Corner of that Mitchell feet to the Northwest Corner of said (deed = 165.36 feet) to the Southwest on the northerly right-of-way of County (10) courses along the northerly right - the easterly right-of-way of County Road 308.62 feet; 68.51 feet; 284.40 feet; 66.60 feet; 62.13 feet; 70.00 feet; 775.26 feet; 101.12 feet; 50.99 feet; 19.95 feet to a point on the northerly line of said SW% on a map prepared by Western Slope Surveying, Inc dated September 8, 1980); thence N.89°47'50"E. along said northerly line, 365.70 feet to the True Point of Beginning; said parcel containing 11.85 acres, more or less. • • GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING / ENVIRONMENTAL HEALTH / BUILDING: 945-8212 GARFIELD COUNTY COURTHOUSE 109 8TH STREET, SUITE 306 GLENWOOD SPRINGS. COLORADO 81601 - Recorded at !97a o'clock NI NOV Reception No. 1:l44 .r, ► s /_ THIS DEED, Made this / day of 4/:•' between • CHESTER T. EARNEST and GLADYS EARNEST ,1979, of the County of Mesa and State of Colorado, of the first part, and ' ALLAN A. BOWLES and JOYCE M. BOWLES 0398 County Road 132 whose legal address is $$$axg17SX13211c1INIxetifiM, Glenwood Springs of the County of Garfield and State of. Colorado, of the second part: BUT( 538 PAGE9_1_1 Recorder. FILING STAMP NOV - 1 1979 ST/TF n):!!t`[FfTA';y !`tE WITNESSETH, that the said party of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration WEEKAA Ki4ftY3u{itro'farXiga'€i'bi4gto the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their heirs and assigns forever. not in tenancy in coin mon but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: T. 5 S., R. 89 W., 6th P.M. Sec. 34: WZSW1/4 except those parcels deed out by Doc. Nos. 157932 and 235492; also known as street and number 0398 County' Road 132, Glenwood Springs TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper- taining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant. bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple. and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the sante are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except patent reservations, existing easements and rights—of—way, and water service agreement as amended recorded in Book 311 at Page 287 and Book 515 at Page 418, and taxes for 1979 payable in 1980, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor .of then, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the said party of the first part has hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of�4'�`'-�2' [SEAL] CH,ESTER T. EARNEST 4' L-' C Q [SEAL] LADY--)S4-1 ES [SEAL] STATE OF COLORADO ss. Garfield j: - •County of 11--' •The fo}•egoing- i arument was acknowledged before me this / ._by(s)l tCH,ESTER T. EARNEST and GLADYS EARNEST. �4 i, • M3' Commission expires , !c-�—r>- --/ -i_.,•. i. ' U . - 3 ,• day of r ,1979, ,19 .% Witness my hand and official seal. Notary Public No. 921A. WARRANTY DEED.—To Joint Tenants.—Copyright ©1978 Bradford Publishing Co., 1824-46 Stout Street, Denver. Colorado (523-5011) —1-78 O z WARRANTY DEED H • • 0 0 �o for record in my office this r •Recorded at cad o'cloc Reception No. THIS DEED, Made this 19 79 , between CHESTER T. EARNEST and GLADYS EARNEST IHUY — i 1979 day of 7V' -' of the Colorado, of the first part, and ALLAN A. BOWLES and JOYCE M. BOWLES 0398 County Road 132, whose legal address is . 8'hl1]i4YY4IxVIYM); Glenwood l�1 County of Mesa , State of Springs, Garfield of the County of / and State of Colorado, of the second part: BOOK 538 r E9 _2 Recorder. Recorder's Stamp NOV - 1 1979 cif t../ WITNESSETH, That the said part of the first part, for and in consideration of the sum of One Dollar and other good and valuable consideration AIMIXAMEIC to the said part of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha remised, released, sold, conveyed and quit claimed, and by these presents do remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest and demand which the said parties of the first part ha ve in and to the following described lot or parcel of land situate, lying and being in the County of Garfield and State of Colorado, to wit: All ditch and water rights appertaining to or used in connection with the W=SW1/4 of Sec. 34 of T. 5 S., R. 89 W., 6th P.M., except parcels deeded out by Doc. Nos. 157932 and 235492, or any part thereof and particularly, but without limitation upon the foregoing, the following ditches and water rights: Name Amount Use. Approp. Priority Number 36A 84 84 85 Burton Nott No. 1 Nott No. 2 Nott No. 2 - 1st Enl. Nott No. 1 - 2nd Enl. Nott No. 2 Nott No. 2 Burton 1st Enl. Burton 1st Enl. Nott No. 1 4th Enl. Earnest Spg. & P/L also known as street and number c.f.s. .4 .8 .8 .2 .16 .4 2.8 .13 .25 .298 0398 1 1 1 1 1 1 1 D 1 1DS Date 6/20/1885 9/29/1890 9/29/1890 10/19/1892 9/01/1904 6/01/1917 6/05/1917 6/20/1885 10/06/1942 8/24/1948 Adjud. Date 10/17/1890 4/30/1892 4/30/1892 11/22/1892 9/30/1918 1/11/1943 1/11/1943 9/05/1952 9/05/1952 9/05/1952 County Road 132, Glenwood Springs TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said parties of the first part, either in law or equity, unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy. IN WITNESS WHEREOF, The said parties of the first part ha ve hereunto set their hand s and seals the day and year first above writtep. Signed, Sealed and Delivered in the presence of STATE OF COLORADO, County of Garfield [SEAL] /CHESTER,. T. EARNEST' GLADYS'EARNEST [SEAL] '1. •' , Tl -r foregoing instrument was acknowledged before me this •'.19 79,. "CHESTER T. EARNEST and GLADYS EARNEST. • .r MIST cd%tmi•s,„:on expires r, wuNtsS my hand and official seal. ”. , • . CF I " day of /i.', Notary Public. No. 962. QUIT CLAIM DEED.—To Joint Tenants.—Bradford Publishing Co., 1846 Stout Street, Denver, Colorado (573-5011)-7-78 0 z QUIT CLAIM DEED • O FH Joint Tenants. STATE OF COLORADO u3 a et0 0 U I b a) k 0 - w a) oTS ai 1I 'd 1 o V CD 1-i w 0 a) n► o "I 0 0 `� as 3 •o . 0. NAMES AND ADDRIDES OF OWNERS OF RECORD 0F ND IMMEDIATELY ADJOINING AND it'HIN 200 FEET OF THE PROPO D EXEMPTION: Iu.rey P.O G wood Springs, = .. 81602 Joan Duprey Box 1013 Glenwood Springs, Colo. 81602 Storm King Ranch Partnership 5599 San Felipe, Suite 1100 Houston, Texas 77056 Norman A. and Mary Jane Dunlap Box 903 Glenwood Springs, Colo. 81602 Rudolph R. and Barbara M Garypie 0125 130 Road Glenwood Springs, Colo. 81601 Jay L. and Susan Zarr 0095 Creekside Court Glenwood Springs, Colo. Emma May Neil 0529 132 Road Glenwood Springs, Colo. 81601 Victor and Lois M. Gabossi 0531 132 Road Glenwood Springs, Colo. 81601 C.A. and Ida P. Betz 0355 132 Road Glenwood Springs, Colo. 81601 Maria Herczeg % Cloe Connor P.O. Box 567 Lake Havasu City, Arizona 86403 James M. and Thersia Huff 100 130 Road Glenwood Springs, Colo 81601 James A. and Deborah A Monroe Box 216 81601 Glenwood Springs, Colo. 81602 Wirifri'ed and Jan C. Buchholzer Box 2044 Glenwood Springs, Colo. 81602 Kenneth and Jill E. Wiencek 0123 Creekside Court Glenwood Springs, Colo. 81601 First Bank of Eagle County Box 567 Eagle, Colo 81631 Eugene F & Helen I. Oliver 1106 Purdue Drive Longmont, Colo. 80501 Mitchell Creek Homeowners Association % Ken Wiencek 0123 Creekside Court Glenwood Springs, Colo. 81601 Robert F. Metzler P.O. Box 1198 Idaho Springs, Colo. 80452 Danie G and Stacey L. Mortensen 0118 130 Road Glenwood Springs, Colo 81601 Dwight L. and Germaine R. Helm 0136 130 Road Glenwood Springs, Colo. 81601 Ms. Kris Gardner Alpine Bank and Trust Box 10000 Glenwood Springs, Colo. 81602 Faye Foss 4039 335 Road New Castle, CO 81647 . fait r\CEPTING THEREFROM IS GUARANTEE: 1. Rights or claims of paws in possession not shown by the pub ecords. 2. Easements, or claims or easements, not shown by the public records.' facts which a 3. Discrepancies, conflicts in boundary eineshortage ould disclose rand which , and any a a not shown by the correct survey and inspection ofpremises public records. 4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5, Aray And-aYl., li-ripaid hexes i _a.ssegssment's -an _unnede med—tax"`-524es,, if any. r ro rietor of a vein or lode to extract nd d remove 6. RichLt of thz FP his ore therefrom, should the same be found to penetrate intersect the premises hereby 18granted, 2 as reserok 12ve d d ingen nitedas • States Patent recorded June Reception No. 14164. tective 7. Terms and cconditonstions�andf he Declaratiot restrictionsno�fiTheoMitchell Creek Co Hants, Condi12, Book 614 at Prod ct Filing No. 1:N�oco33ep63eCandeamendnent��" recorded March Page 1 as Reception 18, 198 in Book 62a�4as 1984RineBook.5�6.atJPage,163 as and Amendment recorded September 4 Reception 355374. Third Amendment, recorded,September 27, 1984 in' Book b57 at Page 402 as Reception' No. 356047. 8. Terms and condi ons of the SubdiviOon Irrprove8ents Reception s .Agreement recorded December 9, 1982 in Book/614 at Page 4x No. 335062, and as` mended by Document re�orded,Aprilnd S28,1983 ,,in Book 626 at Page 41 as R1983tion No. in Book 631 at-Page 713 as 'rAmendment recorded Jul 26, xReception No. 344173. Tititd' Amendment, recorde'd October 10, t9,84 in Book 658 at Page >3111 as Reception No'. 356434. 9. Easements, building envelope open.space'and restrictions as disc os by Declarations set forth above and the Plat,of The Mitchell reek Project Filing No. 1,,recorded December 9, 1982 as Receptio No. 335064. 10. Right of way e ement for irrigation NcLitch being 20 feet in width as same cr%sses subject property.. 11. Right of way for the' uninterrupted flow of 'M tchell Creek as same may affect subject. property. \ 12. Easement being 15 foot in width for constructionnd maintainance, but not for other uses or storage asNTecorded in the Declartion of Protective Covenants, recorded50ec Dec tuber 9, 1982 in Book 614 at Page 491 as Reception • SOIL SURVEY Pe eability of the Ascalon soil is moderate, and avail- able w: ter capacity is moderate. Effective rooting depth is 60 in es. Surface runoff is medium, and the erosion hazard is ' oderate. The Pensoil is deep and well drained. Ty.' ally, the surface Jaye is about 12 inches thick. The u• ser part of the surface I. er is dark grayish brown sto , y loam, and the lower part is dark grayish brown vestony loam. The substratum is very pale brown v: y stony sandy oam to a depth • 60 inches. Permeability of e Pena soil is m..erate, and availa- ale water capacity ' low. Effective rooting depth is 60 nches. Runoff is slo , and the er..ion hazard is rnoder- ate. Included with these s Olney and Potts soils t gent. These areas are make up. 5 to 10 percent This complex is used imited grazing. The native vegetatio wheatgrasses, mountain When range 'conditi increase. Properly m proves range conditi tion, seeding is pra ed to avoid the wheatgrass, west suitable for seed' seed are goo areas that ar normally (ou trolling brusl Cottonta wild turke , soils. Com unity development is limited by the steep slopes and fr► st action in the Ascalon soil and by steep slopes and ones in the Pena soil. This complex is in capability subclass Vle, nonirrigated. ils in m t hav ping are small areas of slopes of 6 to 12 per - all, isolated mesas and o e complex. m:'nly for wildlife habitat and is ainly needleandthread, ahoga , and sagebrush. deterior tes, forbs and shrubs aging grazi • maintains and im- . When the ra '.e is in poor condi- ical. Areas must .e carefully select- oncentration of st. nes. Pubescent rn wheatgrass, and bic bluegrass are g. Preparing a seedbed . d drilling the practices. Controlling bru improves producing more woody shrub than are in the potential plant community, but co. may damage dcei habitat. rabbit, squirrel, pheasant, mourning dove, and some mule deer find habitat on these 8 Atencio-Azeltine complex, 1 to 3 percent s opes. These nearly level to gently sloping soils are on alluvial fans and terraces. Elevation ranges from 5,000 to 7,000 feet. The soils formed in mixed alluvium derived from red -bed shale and sandstone. The average annual precipitation is about 14 inches, the average annual air temperature is about 47 degrees F, and the average annual frost -free period is about 110 days. The Atencio soil makes up about 45 percent of the map unit, and the Azeltine soil makes up about 45 per- cent. Exposed areas of gravel make up about 10 percent of the unit. The Atencio soil is deep and well drained. Typically, the surface layer is dark reddish gray sandy loam about 11 inches thick. The upper part of the subsoil is reddish brown gravelly sandy clay loam about 12 inches thio:, • RIFLE AREA, COLORADO and the lower part is brown gravelly sandy loam about 5 inches thick. The substratum is sand, cobbles, and gravel to a depth of 60 inches. Permeability of the Atencio soil is moderate, and avail- able water capacity is low. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is slight. The Azeltine soil is deep and well drained. Typically, the surface layer is reddish gray gravelly sandy loam about 8 inches thick. The underlying layer is reddish brown gravelly sandy loam about 10 inches thick. The substratum is calcareous sand, gravel, and cobbles to a depth of 60 inches or more. Permeability of the Azeltine soil is moderately rapid, and water capacity is very low. Effective rooting depth is about 60 inches or more. Surface runoff is slow, and the erosion hazard is slight. These soils are used mainly for grazing and crops. Alfalfa, small grains, potatoes, and grass -legume hay are the main crops. This soil is irrigated mainly by flooding. Grassed water- ways and minimum tillage prevent 'erious erosion'Cover crops or stubble mulching in dryfarmed areas also reduce erosion. The native vegetation on these soils is mainly wheat - grass, sagebrush, and needleandthread. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly ,anaging grazing maintains and improves range condi- ! Jn Seeding improves range in poor condition. Crested ,,, r uatgrass, western wheatgrass, and Russian wildrye Iru suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Reducing brush improves the range. Pheasant, dove, rabbit, squirrel, and some deer find food and shelter on these soils, mainly in areas of crops. Use of this soil for community development or as a source of construction material is limited by the large Tones. Special design is needed for septic tank absorp- non fields because of seepage and the possibility of polluting ground water. This complex is in capability subclass IVs, irrigated, and Vls, nonirrigated. 9—Badl. d. This broadly defined unit consists of steep and ve steep, nearly barren land dissected by many intermitten •rainage channels that h - cut into toe soft shale and s. •dstone of the - -en River Forma - !Ion and into the soft sh. - a • r tstone of the Wasatch, Mancos, and Mesa Ve e - • •cations. Badland occurs !' roughout the su area, mainly • eep foothills and n)ountainsiO at have outcrops of shale : sandstone. About 85 percent or more of the area is ung -.etated. Tne water erosion hazard is very severe, and erosion is i tive. ar( ha an tre and dei alit 5,C fro. prE ten fro: 1 sar ish stri 60 Olr per the F cap Sur ate 1 hay anc F soil maL red T gra! V' incr ble mai tion whE are the C son U sou larg T IVe, 1 Thi: RICHARD D. LAMM Governor • • DIVISION OF WATER RESOURCES WATER DIVISION V ORLYN J. BELL DIVISION ENGINEER P.O. BOX 396 1429 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81602 945-5665 March 12, 1987 Allan Bowles Mitchell Creek Glenwood Springs, CO 81601 INVOICE JERIS A. DANIELSON State Engineer 10 pp decree of Civil Action No. 4004 relating to Earnest Spring and Pipeline @ .25/pp $ 2.50 Please make check or money order payable to: Division of Water Resources - Division 5 a A,,,;/ -./t,,,,_ ,,74_,,-,-: ,:___ Nancy Hi,4fchcock, Secretary Division of Water Resources Division 5 Priority Number Name Amount Use c.f.s. 36A Burton 84 Nott No.1 84 Nott No.2 85 Nott No. 2 -1st Enl. Nott No. 1 -2nd Enl. Nott No. 2 Nott No. 2 Burton 1st Enl. Burton 1st Enl. Nott No. 1 -4th Enl. Earnest Spg. & P/L .4 1 .8 1 .8 1 .2 1 .16 1 .4 1 2.8 1 .13 D .25 1 .54 1DS .298 IDS ApprOp. Date 6/20/1885 9/29/1890 9/29/1890 10/19/1892 9/01/1904 6/01/1917 6/05/1917 6/20/1885 10/06/1942 8/24/1948 8/24/1948 Adjud. Date 10/17/1890 4/30/1892 4/30/1892 11/22/1892 9/30/1918 1/11/1943 1/11/1943 9/05/1952 9/05/1952 9/05/1952 9/05/1952—) MILL iI 4 C'oPcr— 313 cl R£5 $�►�a,-374 juracAu}o ,y6t,Nc —P.31 ,Bar jo,v /03,777 f�art/�lcrt` --__ 3 ,a37� IOQH C L Y 0go yar-sL ss G.hsfs. b-12lcr — P381 p 397_ P383 lli,rim,srFf -__ �3�' .E..�wrs -- miAphn 1 Lrsotl RAO -- A9, F', et 1,0E- d,2_ — ij6 a fr /sp. P/. — Zug'£ f.l`,./,•� (a .vow CrtcK b,I , �1, P'3q3— P• 3,14 _ p•395 P,355 - p.3% p, 398 x•3113 13.4/)3 PAo* P385 P 3010 P3$7 P. 38a P• 3aq �• 3917 p392. — Wary 7*5t N. 39 IN THE DISTRICT COURT IN AND FOR THE COUNTY OF GARFIELD AND STATE OF COLORADO P 40 p .467 p. 401 p, 4i2 CIVIL ACTION NO 4004. IN THE MATTER OF TF{E ADJUDICATION OF PRIORITY RIGHTS TO THE USE OF WATER FOR IRRIGATION AND NON -IRRIGATION PURPOSES IN WATER DISTRICT NO. 39 IN THE STATE OF COLORADO. EMIL SC}IUPBACH, HARRY H. ERWIN, D. E. DUNSDON, E. H. KILLHA}4, NINA E. BLACK, W. F. KILLHAI, FRED DAVIS, P. S. HALLIBURTON, LLOYD S. WHITE, JOHN W. BROCK, W. P. WHITCHURCH, EDA VAN GAALEN, W. H. MARCH end FRED HOLSKNECHT, PETITIONERS. G,S DECREE 11 r'' 17e link:. -1 -- ,4 -1/;1434S -%%C)/17% r 6 r %�l iv,/5 J p5S Ll �q Cr<£ic P -12v • • IN THI DISTRICT COUitT I!1 AND FUR Mk. mum OF GARFIiLD AND 3TATi O'.'' COLORADO IN Tin. MATTLR OP Tilt ADJUDICATION 0? PRIORITY FLIGhTS TO AND tiee�OF ,A/' i I �7Cil IG Ill IVH IS D awus- Gi i1'uPUi 0e1. IN Y+AT R u1ti>TRICT NO. 39 IN 1Ha STATE Oi COIMADO. .1;11L LCf1UPBA H, HAR tY H. : 4iIN, . . DUHeDoN, E. H. K1LUL M, NINA BLACK, W. F. irILLffAM, FRW ueIle, P. a. HAI.LIUUhTUN, LLOYD 3. c1iIIIL,JOH1 i . BROCK, W. P. +111 A CRURC , A V11 GAiLL :%l , W. H. rii.RCN axil F1UI f0LSRNEC2IT, Petit icne rad. Ii1 EC&EE Findings having been made by the Court herein and such Findings having been lodged ritai the Clerk of this Court, all as required by statute, old an Order having been entere:d herein, fixing the llth day of August, 4< �. as a day for the hearing anti for coneideretion of ouch objections and eeocptione ea night be filed to said Findings, and due and proper notice thereof of having been given to all persons entitled to natio(' thereof end no exceptions or objectiene having been filed thereto, and the Court having orderLd that decree be entered herein in aecor'dance with the aforesaid F.iniinge, and the Court now being fully advised in the premised,. IT Ia OR;1)ER D, .aDJUDG1) AND DEOREED* 1. That this is a supplemental general adjudication prooerding 3 fie .A +-s.l'.v;•v 3Y.-11611 .,4 Ar6 with reference to water rights in mater District No. 39 of the state of Celoredo; that general adjudication proceeding* have been heretofore had in ; cid district from time to time, the last of which was concluded by Decree duly entered by the Court on the llth day of January, 1943. 2. That all conditions precedent to the entry of this Decree have betel f,11y performed and complied with and the Court has jurisdiction in this cause over all partiee in interest and of the subject batter of this proceeding and of each ditch or other structure hereinafter named herein. 3. That this .iecree deterwinea and estebliahes the several priorities of right, by appropriation of waster, of the several ditches, reservoirs and ether structures in said water district, concerning which testimony h.ae been offered, each according to thi.; time of its construction, 2± and the time of any extension or enlareemexst thereof, with the amount of wG.ter which hes been appropriated by each construction and by such extension nd enlargement, if euy. They right to divert water is hereby decreed in secJnd feet, and the right to store water is hereby deecreed, in acre feet. 4. That the amount of water awarded to the several ditches and other etructur e hereinafter mentioned, cad to the several priorities connected with said ditches and structures has been beneficially applied and used in the: irrigation of the 1ande under said ditches or structures, or for such other purpote,e5 as are set forth herein, and that the amount of water so awarded to c ch of the several ditches or other structures is necessary and essential to the proper irrlgetion of the land covered thereby, and to the profitable production, of eropt thereon, or for the particular beneficial purposes herein set forth, and said amount of water has been appropriated, used and applied in each and every case. S. That by reason of the application of said quantities of water eo awarded to the several ditches or other structures to a beneficial use thurt t,hr augw or thereby, the appropriators, ciaimnnte and parties lawfully entitled thereto have acquired a vested property right to the use of such water under the Constitution and laws of the otate of Colorado, and of the Constitution of the United States of America. 6. That the several appropriations of water to :'itch or other structure herein apeeifica] ly decrees of this Court hr•ve been continuously end acknowledged as prior valid decrees, and hereby ratified and confirmed. ed. 7. That all of the ditches heroin eubeitted in thin each and every mentioned by and through former used, and the same are recognized the same should be and are mentioned are, under the evidence ease, entitled to priority rights in an amount equal to the a:a ount herein awarded, relating back to a date as early in every instance aI tlr., date fixed in this decree. 3. That notwithstanding, that the water ri hta hereby determined bt.n.r in many instances, identical date of priority, is is dedlarcci, that cueh w;�a done in conformity with the provisione of Sections 1 to 21 both inclusive of Chapter 190 of the laws of 1943 and Particularly Section 13 of -z.'• to maid Act (Section 189(1; to hection 189(21 )0 both inclusive, Subdivision 4, erticlo 8, Chapter 90 of the Color ado htatutes Annotated, as amended), and that the actual priority rating of said several nd water rifhts are calculated upon their dates ditches and other structures a of appropriation respectively as controlled by the laws of the State of Colorado, the order of priority for Goch particular use b:.:'ing in accordance with the priority numbers herein asci sed to each thereof, the lower priority numbers t precedence p ecefence over the higher priority numbers as heretofore. 9. That each of the elaima to of the water rights hereinafter set forth has prosecute; hie, her, their or its appropriation or apporpriations with due diligence within the meaning of, and in accordance with the Constitution and laws of the State uf Colorado. 10. That, owing to the peculiar, nature of the soil irrigated by nan;r of the ditunr s in 'fetter District No. 39, the presence of coarse gravel rand glacial depositrt under a comparatively thin fop soil, the ease with which water escapers through the bottom and aides of the ditches, many of which are constructed a1ori steep side hills or steep terrain, the readiness with which Ater. escapee into and under the soil durineT, the process of irrigation, and the feet th t m ny of eaid appropriations: are for water which is available for eniy a relatively short period in the sprint of each year no definite ratio fur the use of water in "eraeral can b& e stebliahed because the duty of water varies greatly in dif, er nt localities within said :,iter District and with different formations and ditches and other structures, and therefore the amount decreed is baoed on demonstrated established facts edrtd neceseitieu of the seveeal claimants. involved herein are entitic i to a decre=e and priority right for the quantity c'.r eater necessary to profitably produce Grope, or for the other puxpoaes e e hereinafter set forth, without unneee a sary waste and ouch is the amount hereby decreed to be noccesary. 11. That where the lettere "cfa", "c.f." or "cu. ft. per sec." are e sed in the decrees for the appropriations hereinafter met forth, said letters and cc.;ntrections are used and should be conetr ed as abbreviations for "cubic feet per second of ti.:lc". 12. That the ditchers heretofore awarde actual proof of the That the ditches and other structures d numbers b ri y p or decrees in tete Court, and which are entitled to additional decrees and priority rlghta under the evidence and tostimonqtepenthe are in this proceeding aas follows, to—wits 13. That the ditches which hare not heretofore been awarded a ditch number by prior decrees in this Court and have not heretofore had their priority rights adjudicated but are entitled to be awarded priority rights are as follows, to -wit: STREAK ?RUH WHIUH SUPPLY NO. GF DITCH NAME OF DITCH OF WATER IS DERIVED 144 Bartlett Ditch East Rifle Creek 145 Youker i)itch Middle Rifle Creek 146 Brown Ditch (Un -named .Gulch) 147 Hame;ss Waste water Ditch (Un -named Gulch) 148 Streit Bottom Ditch Colorado River 149 Harness -Miami Seepage & 'waste Water Miami Gulch Ditch 150 C. E. Lewis Ditch Harvey Gap Gulch 151 Big Mountain Spring Big Mountain Spring 152 Ingersoll Spring and Pond (Un -named Gulch) 153 Rifle Pipe Line No. 2 Worrell's Creek and Springs 154 Hubbard Spring Pipeline Hubbard Spring 155 Zufelt springs No. 1, 2 and 3 and Ditch Springs 156 Alley Springs Numbers 1, 2 and 3 Springs 157 Burgin Spring and Pipeline Spring 158 Moyer Spring and Pipe Line Moyer Spring 159 Moyer Springs Number 1, 2, 3 and 4 and Springs and Un -named Ditch Gulch 160 Bowles Springs and Ponds Springs 161 Earnest spring and Pipeline Spring 162 F. Kent Wilson Spring and Pipe Line F. Kent WilsonySpring. 163 Rifle Pipe Line Colorado River i64 The Pumping Pipeline of the Union Oil Colorado River Company of California 165 Bowen Ditch Ward Gulch 166 Alley Spring No. 4 i)itch Alley opring No. 4 1b7 C.&B. Pipe Line and Ditch Parachute Creek 168 Donna Pumps and Pipe Lines Colorado River log Lindstrom llitch East Fork of Elk Creek 17U Lindstrom Fish Ponds Nos. une and Two East Fork of Llk Creek 171 Possum Creek Ditch Possum Creek respective appropriation dates of 14. That notwithstanding the rursp p ;.ater hereby decreed, the priority dhtea to wnich the reapctive appropriations arrs anti ti ,d to relate unt! er • t he evidence and by virtue of the laws of the estate of Colorado, ,111 the appropriations dates are as hereinafter ahoia; and that the priority number o.. the r spective appropriations of water for ditches and other stractureru hereinbefore mentioned, the numbers of said ditches and other ructures' the names of said ditchs and other etructures, the amount and volume of ire:tear to tthich these ditches and other structures are entitled in this proceed- ing, measureJ in cubic f<s- t pe=r second of time, the atreeze from which the r.::spt;ctivtL• ditches and corer astructuraa derive their supply of water, the priority date to Which the same are respecti ‘ e ly e.ntitled to relate, and 'nether by original construction or enlarge c ,, and extension, and if by enlargement, the pr rticulAr enlar&emont according, to ita number or name aro follows, to-wi.t s HObLIQ cda YOIdfi O 0 9 )- ▪ nCA P. F F' F+N Y tl SBA��i _000 1j 438 T��Q13 0 Is y 8 0 4 91 eac4 M �+- Qa cR FA WO H M t 0 m tr L.11 04 P1 1, rj b ICA ti 0 0 N in a .. N .• .-• n tial 0 a7'1 • IS �' %` (v f N Ni\ k. N \J ) Ui N S\ (cam. e+--- '•'r «--- �.. w --w► ... – , --�•• oar' 'ter'— Yy i. i. kl t�1 �! rya b w e g M p C'�1 C5. n 0 r c 9 m n •• pt 1,. A 8 0 0 i 0 o • iu �S �S '3 w 1i' K r �, .i lotz 3[10 OVID 3100aO tTati°1 TN E (d 0 H tml 41 a .. •. •• •. VW .. •. « N N Y • i. . 0 ▪ E' `n O Y Y Y 1--, Y Y Y 1•' VI N Y Y V1 Id H OW N N Y Y N 1-" F' 1-' Y 1-+ Y N N Y N Y Y Y N k..0 '.0 '.00 tD '.0 VO ".0 ,43 VD up '.0 '.D N '.0 lD '.0 \-0 W - 1 VD 1.0 1.0 WW KK --5 g g V f f 1 V f 6 6 for O O 41K .. .• •. •. OH •• •. .. •. a N •. N .. .. 0 r ��s ti 'Li e a G (•r 0 0 0 0 0 g tvi d f r tG' pt e 0 0 0 0 . . . . . . . . . . . . . ▪ . . N Y Y V1 1.71 0' W 0 Oi Y W Y N N Y Y M V4 '011 -4 (T V1 • N N N Y N t-' N N N1,0 1' ►'° N Y Y W C4 J --f C7 F rJ N N N N R1 R7 iU ry N 1') (v fl) N 1'V (v IV 1\3 l▪ N N N Rx.1WN ▪ 0» - 4 O' '.31 . W ‘( J• ac �� .. M .• y a •• N Y N N N 0 0 .c- N Y Al ON 0 0 ru '..+ N 0 0 0 . • 0 0 V1 N• l.i 0 0 0 N, \3• 1 () 0 0 W • Vi W • 0 LR • V4 OQ W 00 t3 p 0 0 0 0 0 0 0 0 (1 0 0 0 (0 D • _.1_8 IT IS ORD' :QED, ADJUDGED AND DECiy,,c.D that there be allowed to flow into said ditch from said Canon Creed for the use atoreaatd and for the benefit of the parties entitled thereto under and by virtue of appropriation by Third. Fnle.rgrc ent, Priority No. 255 for 4.3 cubic feet of water per second of time with priority date re-- lat7-nr back to and dating from the 3rd clay of Yey, 1947 IT I,, F:.tRTT'FR ORDERED, ADJUDCTD AND DECREED that said Priority No. 255 is hereby made absolute and unconditional and that the toted amount of water to which said ditch is at present entitled is 18 cubic feet per second of time. TI{E EARN FST SPRING AND PIPELINE NO. 161 That the Earnest Sprl.ni? and Pipeline is numbered 161. That this le en original appropriation and said spring and pipeline under this decree 1s entitled to Priority No. 256 for .298 of a cubto foot of H€,ter per second of time relating brick to and dating fro! the 24th day of Au ^us t, 1948, under and by virtue of said original appropriation. Tiagl claimants of said aprinjp and pipeline are Chester T. Farnes t fend Gladys rarneet and their address is Glenwood Springs, Colorado. ;ai-d spring and pipeline is used for domestic purposes, stook watering and direct irrigation and takes its supply of water from a spring located «t,..a paint Rrhence the Southwest corner of Section 34, To:nehip 5 ! outh, Range 89 ',gest of the 6th Principal Meridian bears youth 15052' West, 2302.88 feet. IT ... i° 13 ��nr';., :i?, A.D,TU;)(.%,'�Il �:';:�? 1.).FHEED thr-. t there be allowed to flow into said spri.ns; r:nci pip`-'l'ine from said spring for the use aforesaid en0_ for the benefit of t e ;:erties entitled thereto under and', , virtue o± original approprlat,=,n. Priority No. 256 for .298 4, • of a pubic foot of water per aecond of time r.-ith priority date relating back to and dating from the 24th day of august, 1946. IT IS FURTHER ORDERED, ADJUDGED D AND DEC:ii: ED that said priority is hereby wade absolute and unconditional and that the total amount of water to which said spring, and pipeline is e t present entitled is .296 of a oubio raot per second of time. F. KEfiT WILSON ,SH ING APD PIPE LINE. That the F. Kent Wilson Spring and Pipe Line is numbered. 162. That this is an original appropriation and said pipeline under this decree is entitled to Priority No. 267 for 0.51 of a cubic foot of water per second of time relating baca to and dating from the bth day of December, 1948, under and by virtue of said original ap- propriation. The claimant of said pipe line is r. Kent Milson and his ad- dress is Rifle, Colorado. Said pipe line is ur ed for irrigation and aomestio purooeea and takes ita supply of water from the F. Fent Wilson Spring located et F point whence the Northwest corner of Section 16, Town- ship 6 South, Range 93 `.'e t of the 6th Principal =Meridian bearta North 2043' West 1110.65 feet. I'T Is ORDFRED, ADJUDGED .AND ECaE ;Di that there be allowed to flow into said pipe line from said F. Kent Wilson Bpring for the use aforesaid and for the benefit of the party entitled thereto under end by virtue of original appropriation, 0.51 of a cubic foot of water per second of time with priority date relating i:bac : to and dating from the 6th day of December, 1946, with Priority No. 257. IT IS •..��r-�^fr1�. ..� p rj tt 9 11:.1:11a....l ORDEAL'::', A41JU E.D ali i / Dil.l that said priority le hereby made absolute and unconditional 7n,i that the total amount 15. That th, r,:3pecto claimants „f .ditches and reservolre or cf,I.c:r structs r.;e who hay() : :peurtd in th.La pr:,aeoding rrhail pay their just pr portion to pert of th:. coots of this proco din , including the coats of 1.11. publication of notices, personal ecrviee of notices, and services of .iot:ice by :ail and similar expenses, to bo apportion.:d and taxed among the 1r imants in proportion to the number of ditches end other structures r..ference to which decrees were entered; that is, that the owner of ditoh or other atruc tore with reference to which decree is Likudo, bhai1 r.k 67 - that portion of the total cost which J.11barb to the total ntwbtz' of l:.tche:s and other structures with reference to which doare.a are entered. 16. That any o.ner or clainwnt of a ditch, reservoir or other t,t,ra,s, turas or of any interest therein shall receive from the Clerk of the r !, on payi,.:itt of a reaconable foe tiler._ for, which the Court htireby fixes as t.ez� :;r.r;, oT 1_._ _'0 a certificate under the oaal of the Court showing the or daten ttmi th,. account; or amounts of appropriations adjudged in favor .:1 ::.uCti d+ tch, reservoir or oth.:r ataucture ur►:ler and by virtue of the '.,o; r truz: t.Luid, Q.,Ct l''i8 �, �+.1 az-ei. enlargement thereof ,:iveraily• Datt:d and sign d In tu :tb<:r:A in Lil, l000d jpringsa Colorado, this 5 day ref• Sept.nrnber,. 1952, iiY CI J°FORD H. DAR.ROW JAMES MASON, Chief JAMES BLANCO, Asst. Chief JACK JONES, Asst. Chief MARTIN ZEMLOCK, Captain • • PATRICIA PAYNE, Secy. Treas. BOB SEATON, Lieut. DARRYL L. QUEEN, Lieut. Glenwood Springs Fire Department Member of Colorado State Firemen's Association 806 Cooper GLENWOOD SPRINGS, COLORADO 81601 April 6, 19E37 Mr. Allen Bowles 0398 132 Rd. Gl c:=nwood Springs, CO 81601 Dear Mr. Bowles This letter" is in requards to your proposal to divide the tract of land, which is located North East of the intersection of County Rd:. 130 and 1.32, in half. • This propertyis within th boundaries of the Glenwood Springs Rural Fire Protection District, and fire protection for this aroa would continue as it is now., The only comment that we have is concerning the water supply that :1f 1n the future this tract is1 :in thatarea.Weask '�:.il<.. _ i developed, our department be contacted prior to any construction so that we mayr-'ev1 F'?w the water supply, and the possible addition of fire hydrants if neeiiF_-.'d., If You should have any questions please feel free to contact our office. t'31 n( eirb Rural u r tc: j•;: es, Assistant Chief Fire ProtectionDistrict�ci 1 e� i' ) c.) c:i Springs �: �. • • The exemption is being requested because we wish to deed the smaller tract of approximately 7.6 acres to our son, Bruce Bowles. He has no immediate plans for the tract, but hopes to build a single family home on it some day. We intend to keep the larger tract of approximately 11 acres where we now live; we have no plans to change the use of the land in any manner. We have an adjudicated spring which is our source of domestic water and there is adequate water to supply both tracts. Our residence is on the West Glenwood Sanitation system, the smaller tract which we intend to deed to our son is in the West Glenwood Sanitation District but when he builds he may decide to use an individual septic system. Access to both tracts is off of County Road 132.