HomeMy WebLinkAbout1.0 Application*,,rr()u,,.,.,,ti,r^rrr) ol; ao.JN,r.y corvl*,rrcf,B*s orr
GAI{ I;l l:l-l) COLJN'l'Y, COI-OltAl)O
l'tr l l l-l oIlJ-t:Otlfix IilYl lIl-lQN
l)ttt'stttrttt to C'll'S' (1971) Scction 30-2tl-l0l
Strtrclivisitlnllegrrlirtiorrsol'GlrrlieltlCtlttrtty'Colttratlo'
(10) (rr) - (d) as atnetrtlecl' and the
irrloptetl April 23, l9tl4 Sectio n2"20'49'
E\ra ard Dan Battarav [ully petitions
tlte ttrttlersigrretl
tlte Iloar.tlo['cotrrrty (]ortrrtrissiottcl's o[-c-jitt'lieltlcottttty'Coloratlo, to exerlrllt by Itesoltrtion
12.83 crc lt'itct ol'lantl irrto 2 racts oI apProxinratelY -
tlre tlivisiorr ol'
2.68'&1O..a--ucreseuclt,lllol'etlrless,[l'onrtheclclrrritiorrso["sttbdivision"
,,strllcliviclerl r^ncr,,as the tcr-.rs^rerrsctlt.rlrlc['irtctl i. c.l{.s. (i973) Section 30-28-l0l (10
- (cl) rrntl tlre (]irrllr:ltl (-.tltrrrty Srrlltlivisiorr t}.eSttlittiotts lor tlte reirsotls statecl belorv:
irrforrtrittiolt
A. Sl<etch nrul'r itt u ttrittittltttrt scalc o[' l"=200'showirrg the legitl tlescription oIthe
1tr.01ter.ty, dinreusit'rtt ittltl itt'e lt <ll-irll ltlls ()r sc1'rltt'itlc irtterests lo llect'eittecl' access
L0 a ltrrttlic riglrt-ol:rvity, ittttl itlly pl'oPosctl casetttertts [br clt'airtage' irrigation'
itcccss or trtilitics;
l]. Vicirrity rrtul'r aI it trtittittlttttt scitle ol l"=2000'sltowittg t[e general topographic
anrl gcogr.il;rlric rcllrtitlrr o['tlrc prtll'losctl cxctttPtiolt to the sttrrottttding ilreiI
rvit lrirr two (2) rrrilcs, lil I rvlriclr ,, .,rpy ot'l.J.S.G 'S ' tlttittlrttrtglc tttit 1'l rtrity be ttsetl'
C. Copy ol' tlle tlcctl slltlwittg tlrvttct'slrill lly tlre itplllicilltt' or a letter frollr tlte
llt.tlllet.tyowrrcr(s)il.otltcr.tltitrltlreitlrlllicarrt;itrrd
D. N^,res ^rrtl
acltlr-esses ol'ow.ers ol'r'ecortl ol'lu.cl ittt.tecliittely ^djoinilrg
a'd
witlrirr 200 I'ect ttl'tlrc ltr.oltoscrlexcrnlttion, nrirtct'itl tlwnersitnd lcssees oInrineral
owr)er.s ol'rcc.r.rl ol'tlrc property to bc excrnptctl, ittttl tettitttts of any strtlcture
pt'tlptlsctl lilt' ctltlvct'sitttt; ittttl
ll. lrvirlcncu ()l'tlro soil tyPos ittrtl cltirt'itctcristics tll'citclt tylle; trntl
lr. l)r..[.ol'leg.l ^.tl lrlctlrriltc sorrrce ol'rlorlcstic witter I'or eitclt lot creittecl'
. *rctlrorl <ll'ser,vuge tlisl'losirl, irutl lottcr ol'upgrt'<lvtrl tll'[ire p[tltection plan lrottr
it1ll'rt'ollriitte lirc tlistr ict; irrrtl
G. Il'co.rrectiop Iq il conllnul)ity of'rtrrrrricipitl rvittct'ol'sewel'systettr is proposed'
1lcttol ll'orp tlre gtlvct'ttitlg lrotly stltirrg ir willirrgttess to set've; itnd
I l. Nurftrtivr: exl'rlilirring wlry exe rtllltion is lleirlg rctltrestecl; itrltl
I. lt slrlll be tlcpr6rrst;atetl tlrirt tlrc parccl existctl its ctescribed on Jrtnttary l' 1973
or tlre,^r-cel irs it cxisll; ltresently is orre of rtot ltlore tltart llrree pitrcclscreated
ll.orrr il lilr.ger ltirr.ccl itb^ it cxistctl tltt.liltltlirry l, l1)73'
J. n $i100.00 l'ce nrtrst trc strtrrlrittctt witlr tlrc allplicittitltt.
E\ra arxal Dan Battarav
l'ct it io ncr'
Ivl ai li rr1,, Atlrl rcss @ 81623
City
and
) (a)
- tlarratitm
StJ lllvl I'l'fA l- IrEQtl I It llM I rN'l'S:
A. a,.ricatio^ rvrlicrr s^tisrjes t'c r.evicw cr-itoriir .rtrst r>e strb,ritteir wit'all I''e f<lllowing
'l'clcplro ne N tt lttbct'
Stitte
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SENT BY:2-12-sE l Iil35IM-;
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o
H. Narrative:
we feel very strongly part of the community in the Roaring ForkVaIley, and are very much in love with the place where wecurrently rive. unfortunatery, we cann.L continue to afford thehouse where we live, and our intention is to split the tract ofland of 12.g3 acres into two tracts of rand of 2.60 and 10.23acre lots and buird a smarl house on the 2,60 acre lot. Thetract of land as it existed before Jan tg73 from which ourparcel of rand was created has been subdivided in LgTg intoapproximately equal three parcels. As of today, there are stiIIonly three parcels from the original tracL of 39.49 acres, andwe would rike to take the opportunity to subdivide our parcerby exemption one more time as aIl0wed by county regulations.since we appreciate the low density of this residential area,and are very familiar with aII the details of its topography,we made sure that the subdivision wiII r.eave two fairry rargetracts of land in place, and that the property lines respectthe assets of the particular uneven topography of the area. wealso made sure that the present dwelling unit as well as thesite for the intended dwe]Iing unit be as far apart as possibleto allow for privacy. The existing dweliing is served by anexisting wel]. For the new dwelling on the proposed lot 2, weare applying for a separate welI. we have entered into contractwith .LDC and Basart g{ater conservancy to secure water supply(see attached Ietter and documets provided by L. Leavenworth).The present we1I has an adequate water supply (fS GpM) and alineighboring welrs indicate presence of an adequate groundwatersupply. ooe hope that our petition meets arr the regulations and
o
a o
Baharav, petition for exemption p. -2-
H. Narrative, Con'd
requlrements and that a subdivlsion by exemption be granted sothat we ean continue Iiving in this community.
,1 o
WARRANTY DEED
THIS DEED, mad,e this /(^& day of
G. NEWTON HALEBLIAN ANd CHERYL THOMPSON
o
Januarv, 19 90 , between
Hel,ngtIANr "Grantors", and(l) interest in
MAI,KINSON, AN
2368 Road LLz,
ii,
EVA BAHARAV and DAN BAHARAV, an undivided one-haIf
joint tenancy, and NOAI'I BAHARAV-MALKINSON
irndivided one-half ( I ) interest in joint
Carbondale, Colorado 8L623, "Grantees":
fiITNESSETH, That the said Grantors, for and in consideration
of the sum of Ten Dollars and other good and valuable
consideration to the Grantors in hand paid by the Grantee (s) , the
receipt whereof is hereby acknowledged, have granted, bargaine{,
sold. and conveyed, and bi these preJents do grant, bargain, sell,
.orrar.y and .orrtit*, unto the Grantees, their heirs, executors and
administrators forever, all the following described lot or parcel
"i ru"a, situate, Iying and being in Garfield County, Colorado,
to-wit:
A tract of land situate in sections L0 and 1L all in
Township 7 south, Range 88 West of the 6th P.M., being more
particularly described as follows:
Beginning at the Southeast corner of said Section 10;
thence N. 89"54'39" E. 550.00 feet along the south line of
said Section 11;
thence N. 45o08'23u W. 622.80 feet;
thence N. 00oL1'25' W. 844.66 feet;
thence West 110.00 feet;
thence N. B2o58 | 38" w. 250. 86 feet;
thence s. 00oLL'25',E. L2g2.63 feet to a point otl the south
Iine of said Section 10;
thence S. B4"45'0Lrr E. 250.00 feet along said south line of
Section 10 to the point of beginning.
AND TOGETHER WITH a proportionate interest, not to exceed a
one-third (1/3rd) interedt, - in a we11, and the water rights
connected therewith, located in the southwesterly corner of the
above described property, but such conveyance of well and water
rights is made wiCtou{ warranty hereunder. PROVIDED, HOWEVER,
ttrit the above described conveyance of well and water rights, ar9
made by Grantors subject to the covenants described in deed
recorded October L2, fggg, in Book 764 at Page 662, Reception N9'
406322 of the Garfield county records, which shall run with the
lands conveyed herein, and which shall be binding upon_ the
successors i; interest, af Grantors and Grantees, in such lands:
ALso SUBJECT To a non-exclusive easement and right-of-way for
ingress and egress and utilities over and across a private drive
cr5ssing the -southerly portion of the above described property.
Said easement is aesclibed in Document recorded as Reception No.
300610 at Book 54L, Page 733 of the Garfield County records'
TOGETHER with all and singular the hereditaments and
appurtenances thereto belonging, or -in anywise appertaining, and'
tL; reversion and reversions, remainder and remainders, rents,
issues and profits thereof; and all che estate, right, title,
interest, cliim and demand whatsoever of the Grantors, 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 Grantees, their heirs,
executors and adminiltrators forever. And the Grantors, fot
themselves, their successgrs and assigns, do covenant, grant,
bargain, and agree to and with the Grantees, their heirs,
executors and administrators, that at the time of the ensealing
and delivery of these presents, they are weII seized of the
premises above conveyed.r dS of goOd, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and
have good right, fuII power and lawful authority to grant,
and DAN
tenancy r
Dpc
Yffry
l-lc: t',ci
o o
same in manner and form as aforesaid'
and clear from all former and other
liens, taxes, assessments and
or nature, EXCEPT and SUBJECT to the
bargain, sell and conveY the
and that the same are free
grants, bargains, sales,
6ncumbrances of whatever kind
following:
l-. Taxes for 1990 due and payable in l'991'
2.Theeffectofinclusionsinany.generalorspecific
water .orr="rr-.-rl-y,- f ire frotection, .sbif conservation or
other district oi inctusion in any water service or street
improvement area.
3. Right of way for ditches or
the authoritY of the United States'
States Pateni recorded June 30, 1958
as RecePtion No. 202L74'
4.Alluranium,thoriumoranyothermaterialwhichis
or may be determined to Ue pecuiiarly essential to the
production of fissionable matlrials' wh"ther- 91 not of
commercial value, together with the right of the United
States through it'auttrorized agents or representatives at any
time to enter
-u[on ttre land "'6 pro"qegt for ' mine and remove
the same as reserved in patent rlcor-tted June 30, 1958 in Book
3i0 it e.g" 51 as Reception No' 202L74'
5.EasementandriglrtofwaygrantedtoPublicservice
company by charles w. c.rn""i rrra iucille Bayol _C_arneal in
theinstrumentrecordedNovember2,l-961inBook337atPage
4L7 as neception llo . 2L557L as same crosses Lot L5.
6.Unidividedone-fourthinterestinalloil.,gaiu',q
othermineralrights,dsreserveabyCharlesW.CarnealandLuciIIe BayoI -i'rrr".t in the need to Josepir zorko and
MargaretZorkoandRobertZorkoandLes}ieZorkorecorded
September!7,1963inBook353atPage4LasReceptionNo.
222792, and .rry-
-"na aI1 assignments thereof , ox interests
therein.
Right of way easeme-nt as granted -to Holy Cross
Association, irr.- by document recorded September 18'
Book 535 at Page 383 as Reception No ' 297539 '
s contained in the warranty deed- !To*
Development Corporation to William
. Beerman recorcled August 7, L979 in
Reception No - 296281.
canals constructed bY
as reserved in United
in Book 3LO at Page 51
7.
Electric
L979 in
8. Restrictions a
the Carbondale Land
Beerman and Lizabeth R
Book 532 at Page 661 as
g. Easements and rights of way as conveyed to Lizabeth
R. Beerman by l{illiam E. Beerman in quit claim deed recorded
october 23, 19BL in Book 584 at Page 173 as Reception No'
32061-1 and in clocument recorded December 31, L979 in Book 541-
at Page 733 as Reception No. 300610'
10. Terms ancl conditions of the Agreement
conveyance of Interest in well recordecl october 23, 1981
Book 584 at Page L76, as Reception no' 32O6L3'
and
in
Beerman and
30, L982 inL1. Easement agreement betrveen William E'
public sei:vice company of colorado recorded July
Book 605 at Page S4l is Ileception No' 331-304'
L2. Easement for water line being 10 feet in widt,h and
rights in water well as seL forth in deed recorded October
L2-, 1989 in Book 764 at Page 662 as Reception No. 406322.
L3. Right of way easement being 20 feet in width as
granted to ffo'fy Cross flectric Association by Cheryl Thompson
Haleblian and G. Newton llaleblian recorded January 9, 1990 in
Book 770 at Page 735 as reception No' 408939'
-2-
O
and the above bargained premises in the quiet and peaceable
possession of the Granfees, their heirs, executors, and
administrators against all and every person or persons lawfulIy
claiming or to ciaim the whole or any part thereof, the Grantors
shall ANd WiIl WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the Grantors have hereunto set their
o
hands and seals the daY "t d Y"?,
ssion expires:
first a
G. NEWTON HALEBLIAN,
attorney-in-fact, CHERYL
HALEBLIAN
Notary PubI
THOMPS HALEBLIAN
STATE OF COLORADO )) ss.
COUNTY OF GARFIELD )
The foregoing warranty Deed was acknowledged before me this
J@ u", i; -tiiiiael-i
1t !4--lv -9-. NEwroN HALEBLTAN , bv hi s
EEo.r,.f -in-fact, SHERYL TH6MPS9N HALEBLIAN, and by CHERYL
THOIvIPSON HALEBIJIAN, iNdiVidUAllY.
Witness mY hand and official seal'
11
s
THOMPSON
.04-
.., it u r:,,!1$.,,-commi
;,'''.";'-:o " " :..:""'-..
,i 'ii' ,..x11i,\ f '', * 'ii -' ! \)'-'-'-^ : i
i .n; PIJ$\:''v'i'i:
'..'.11-',-... '.O'.S
:"1 qsr rri: -"+'
..,,,,ir,,,,,,,..
-3-
elttoov
.a 3a o # /Yu3Recorocd at o'clock M.,
aReception No.
REQUEST rOR RELEASE Otr DEED OF TRt.tS't' ANt) REt.EASIi
April 14,1992
Date
Eva Baharav and Dan Baharav and Noam Baharav-Malkinson
rnA f\=n 'l k i nerrn Original Grantor
( Borrower)
tvtajcstir. Mtge Acceptance Corporation Original llcneficiary
( l-cnrlcr)
l)ate o[ Decd of Trust
Itccording Date of
Dced o['lrust
County o[ Recording
Filn i.lo.
lleception and/or Film Nos. of Recorded Deed of Tiust
200 Book and [,age o[ Dced ofTrustI'rtc No
Please execute this release. as
been fully satisficd.
County (The Public Trustce to which the above Deed of Trust conveys the said propcrty.)
the irrdebtedness has heen fully paid and/or the terms and conditions of thc trust havc
Edl D.Ast.
]lold.t
Si3nlturc
State olEffIOO( County of Canden,
The foregoing reguest for rclcasc was acknowledged bcfore mc on
(drte) by'Fhil D-Ast- Vir:e Drce and Witncss My lland and Seal
llv
Statc o[ Colorado, Counry of Gaftigld Dcputy Public Trurrrc
'4'l
Garfield
409L77
Repliro No.
771
EsL No.
TO THE PUGarfield BLIC TRUSTEE OF
llOIlRY p ru n OF rEl, JERSEYD a r c Co m m i ssion E r pi rcsrt ootrBsnil HPE$ ll(,YElnER I e !s
A.fy..
REI,EASE OF DEED OI;'I'RUST
KNow ALL MEN' that the above rcferencerl crantor(s), by Deed of Tiust, conveyed certain real property describedin said Deed of rrust, to the Public Tiustee of the county r.n!i",i"io oLorc, in tirc srarl orcoloraoo, ro be hetd in trult tosecure the payment o[ lhe indebtedness referred to lher;in.Now TItEREFORE, at lhe wrillen request of the lega! holder oI the said indehtedness, and in consideration of thepremises and the payment of the statutory sum, receipt oi which is hercby actrno*t-olii,i,'"tirt. public Trustce in rhecounty first rcferencld above, do hereby remise, reliase and quitctaim unto thc prci.ni o*n., or owne,, of srid ]calpropcrty' and unto the heirs, succcssors and assigns of such owner or owners forevei, all ihc;ighi, tirtc and intircsr wfri*I havc under and by virlue of lhe aforesaid oeid of Tiust in rhe real estate describcd lhe;in, and more particularlydcscribed as follows:
EXHIBITED: Hfl$ u rrrrt
To IIAvE AND To I lolD Tl I E SA M E' with all.the privilcgcs antl appurtenances thereunro belonBing forever; andlurther ! do hereby lully and absolutely release, cancel ani forevir tlischarge said Decd ofTiust.
,,)
Tlrc forcgoing instrumenl was acknowlctlgcd bclorc mc onU go tgsz (<larc;hy
Geo.gia Chamtlerleln as rrrc
Public'l-rusrcc of
y, Colorado.
Dale Comnrission Expires
'la rrrpiiclblc. inrcrt titlc ol eScnt or offrccr tnd naoc of cu,tcnt owncr andl holdt,
Original Note and Deed of 'Irusr Rclurncd to:/G-*z 'r''>z'
Received by
-
No.9J5. llev.9-90. (R3:etrus't t;otrf (!rEt.t.Asl:tort)r:l:r)([.. lnust (o lllrrllor., l.uhlrthint.
Witncss My l{and and Seul
wllEN RECORI)ED RETi,RN 'r'",1*Z rda //z
Oattca3
l7li Wrrrr Sr.. l)cnvrr. ('O U0rO2 - tfrrlf Z.fr.l:Ut -,t.,nr @
*,0/
^-
D
..
B a VP et ti on fo r x ti
ParceI N o. 2393-}I 3-00 -260
Owners o f Land W ithin 200'
Names and Addresses
2393- IO 4-00 - t 90
Robert CoIbY
2312 Rd. rr2
Carbondal e ,
and Linda Deters
CO 81523
Lizabeth R. Beerman
;os8 E PhilliPs clt'
fngtwood, CO 80I12
PubIic Service Co' of
;il; eroPertY & Local'iiis rztL st' srE 4oo
;;;;";, co 80202-s504
Richard and ShirIeY Hunt
14913 HwY 82
i"tUo"a.i", Co 81623
John and Anthony SuteY
2343 Rd. LL2
iltlo.a"tt, co 8I523
Katherine A' Soden & Janet C'
2366 Rd. Ir2
iltUotra.tt, Co 8I523
CIoude Van Horton R' and
Susan MeYer Schwartz
fOi-uaroon Mesa Rd'
i.iuotta"i ", co 81623
Thomas G ' and Laurie Lindberg
isi ot.toon Mesa Rd'
iliuotta"t ", co 8r623
Michaei A. & Sheila Filzet
2g5L1 Bertrand Dr '
A;;;t. HiIls' cA eI301
2393- IO 4 -00-23'7
2393-ro 4-00 -238
2393- IO 4-00 -323
zsgz-Ir3-00-324
2393-l5r-00-083
EarIeY 2393-L42-03-0I7
2gg3-rI3-03-0r5
St evens 2393-lI3-03-0I6
CoI orado
Taxes
2393-L42-03-018
oo
Baharav Petition for E empt i onI
This parcel issubdivided in L979558, Feb. L979.There are onlyacres.
part ofinto three acres tract thatBook 522 page
on the original
a 38.49
t racts was
557 -
38.49three parcel s sti I I
o o
Cartoodale & Rural Fire Protectioo Dishict
-l00lv1eadowood Dr.
Cafiondale Colorado I 1623
970-963-2491
Ivtailt Bean
Garfield Couaty Plarring Oe,partnent
t09 8rh st.
Gleowood Springs, CO 8160l
DesrIvIadL
I would like to offsrthe following ccuurcrrtr regarding the Baharav suHivisiou exermptim
aplicatirn located at 2368 Cormfy Road I 12 aad owned b5'N&' Dan Baharav' As I underrstand it
Mr. Babarav internds to split his lot into two lots and build a house on the new lot.
Access to the property should be according to the Garfield County Road Specifications to insure
accass for ennerrgenrry whicles on a 1rcar round hsis.
Water Supply fsr fire protection fsr the property wiil be the water carried on the Carbondale fire
kuckg, urhich is apprroximately 7000 gallons, as therre is no ce,ntral waterr system or water ciste'rns
plamed. The water supply will be augmeirted by the water zupply site located at the interrsection of
countyroad l12 and 103.
A deftnsible qpace should be created around all stnrctures build on the properly to prreve,lrt urildfue
spead to the stnrchnes.
Response time to the property fsr both fue aod medical emeqgeocies is approximately 15-20
minutes with first respmse cming from the Dis,trict's sub-station on Mseouri Heights with back
up respoo.se coming frm tbe maitt Carbondale fire stati@-
The prcject will be subject to the Diskict's iryact fee policy rarhich will mean an iryact fee of
$235.00 will bo due the fire Deparmernt at final apprrorml of the suHivision exerrytion by
Garfield County.
Iflou have auy questions feet frEe to contact me at 963-2491. Nd ; SURtrtc \ A L
0ud : 5(it(-l
I
YLlD€{?P\"{€'
6u:ru.at\'/
v*x'z-
5 uof'{ f .:t:
Rmleach" Chief
Carbondale & Rural Fire Protection Ds&ict NrJ : SfPi1 C
E'.{/i" ''/q Ydl
oo
GARFIELD COU|YTY
Building and Planning
December 28.1995
Dear Subdivision Exemption Applicant, (f ,rn * Dn a Etl tlnP 4,)
Due to the large number of petitions for exemption from the definition of subdivision recently
received by this office, it has taken longer than usual to review, schedule and respond to the individual
applicants. Currently, the planning staffis conducting a review of your application to determine the
completeness of the petition. As soon as a determination has been made iegarding your application,
youwillbenotified of its status, whetheradditionalinformation is requirecl or, ifitls complete, you
will be notified of the time and date of your meeting with the Board of County Commissioners.
If you have any questions concerning your petition, please do not hesitate to contact this office.
Sincerely,
-/"-'Ctzrc
Eric D. McCafferty
Garfield County Planner
109 8th Street, Suite 303 945-B2t2t28s-7972 Glerrwood Sprirrgs, Colorado 81601
oo -.J
fY
t.4
sffit4tffi
;f-.Ly ,vr.;+,i.,tn y
Carbondale & Rural Fire Protection District
100 Meadowood Dr.
Carhxrdale Colorado 8 I 62-l
970-963-249I
ldark Beat
Gartield Cornrty Plarufng Oeprnuart
109 8th St.
Glmwoocl Springs" CO 8160l
Dear l![ark,
I would like to offerr the following comments regarding the Batrarav sub-division exemption
applicatiom located at 2168 Couufy Road I t2 and "r r"a by Ndr. Dan Baharav. As I unde,rstervt itMr. Baharav intelrds to rplit his lot into two lots ancl build a house on the new lot.
Access to the property should be according to the Gartteld County Road Specifieatious to insure
acc€ss for emergenql r,ehicles on a Jrear round basis.
Water Supply for firc protection for the property will be the water carried ou the Carbondale firelnrcks, which is approximatut ?ooo gallons, as there is no central wate,r rysterm or waterr cisternsplanned. The water supply witl be augm"mled by the water supply site located at the intersection ofcountyroad l12 aud 103.
A defensible $pace should be created around all structures build on the property to preve,t wildfire
rp,read to the structures.
Resporxe time to the property ftrr both fire and medical ermerge,ncies is approximatety 15-20
minutes with first re$ponse coming from the District's sub-statiou on Mssouri Heights with back
up response coming from the main Carbondale fire station
The project will be subject to the Distuict's irupa* fee policy which will mean an impact fee of$235.00 u.ill be due the Fire Deparhnent at linal approval of tn* sub.division ogropiioo by
Crarfield Counly.
Ifyou have any questions feel hee to contact me at 963-2491.
Rrrn Leacll Chief
Cartandale & Rural
i
Fire trrotectirrn Dshict
LOYAL E. LEAVENWORTH
CAROLYN M, STRAUTMAN
CYNTHIA C.TESTER
Mr. Mark Bean
Garfield County Planner
109 Eighth Street
Glenwood Springs, CO 81601
Dear Mark:
LEL:eg
Enclosures
cc: Dan and Eva Baharav
Re:
o
LEAYEIYWORTH & ASSOCTATES, P.C.
ATTOR}IEYSATLAW
December 13, 1995
1011 GBAND AVENUE
PO. DHAWER 2O3O
GLENWOOD SPBINGS, COLORADO 81602
TELEPHONE: (970) 94s-2261
FAX: (970) 94.+7996
o
We represent Dan and Eva Baharav, who are filing today an application for a subdivisionexemption regarding ttreir property located in the Southw-est 1,14 of the Southw est lt4of Section11, Township 7 South, Range 88 West of the 6th P.M. We are writing to explain the legal andphysicalwater supply that will be available for both parcels. The largir parcet upon which theexisting house is located, will continue to-be served 6y the existing well located on this parcel.There is an existing exempt domestic well permit wtrictr serves this parcel (and two adjacentparcels).
The new smaller parcel upon which no structure is yet located, will be served by a newwell to be drilled on this parcel in the future. The Baharavs have obtained an option toperpetually lease excess historic consumptive use credits from the Carbondale I-and DevelopmentCorporation to augment out-of-priority irrigation season diversions. we have applied for aBasalt water conservancy District water allotment contract which will be used to augment out-of-priority non-irrigation season diversions.
we anticipate no problem in obtaining the Basalt water Conservancy District contractor obtaining approval of a water court application. For your information,'*. are enclosingcopiel of the option agreement, the Basalt wut r Conservancy District contract application, wellpermit application, and the water court application, which we will be frling this week.
If you need any further documentation in this regard, please let me know.
Very truly yours,
LEAVENWORTH & ASSOCIATES, P.C.
BEAN.3LT
E.worth
ao
OPTION TO EXECUTE WATER LEASE AND AGREEMEIYT
THIS OPTION TO E)(ECUTE WATER LEASE AND AGREEMENT (hereinafter
'Option') is made and entered into this l1th day of December, lgg5, by and between
CARBONDALE LAND DEVELOPMENT CORPORATION, a Colorado corporation
(hereinafter 'CLDC'), and DAN BAHARAV (hereinafter "Baharav");
WITNESSETH:
WHEREAS, CLDC is the owner of a quantity of excess historic consumptive use water,
as more particularly described and decreed in Case No. 79CW097, District Court in and for
Water Division No. 5, State of Colorado; and
WHEREAS, Baharav desires to obtain an option to lease from CLDC a perpetual right
to delivery of 0.1 acre-feet of consumptive use water pursuant to the terms set forth herein; ana
WHEREAS, the parties desire by this Option to set forth the terms and conditions of the
Option to Execute a Water Lease and Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. OPtion to Execute Water kase and Agreement and Option Term Thereof. CLDC
hereby grants to Baharav, pursuant to the terms of this Agreement, an option to execute the form
Water I-ease and Agreement, attached hereto and incorporated by reference as Exhibit A.
2. Option Term. The term of this Option shall commence upon execution of this
Agreement and shall continue for the period of one (1) year, so long as aliterms and conditions
of this Agreement are satisfied.
3. Option Fee. Baharav shall pay to CLDC a $300.00 option fee, which option fee
shall be applied to the Water Lease execution fee when and if Baharav chooses to exercise his
option to execution the Water I-ease and Agreement attached as Exhibit A. Receipt of said fee
is hereby acknowledged.
4. Termination of Option Agreement. If Baharav refrains from exercising his option
to execute the attached Water I*ase and Agreement on or before December 10, 1996, this
Agreement shall terminate and be void and of no effect, and each party hereto shall be released
flom all obligations hereunder; provided, however, Bahamv's option fee payment of $300.00
shall be retained by CLDC. In the event of termination of this Agreement, CLDC shall have
no further obligation to agree to deliver leased water for the benefit of Baharav.
C:\FILES\CLDCB.IAG
Dcccobcr 11, 1995
o
5. Notices. All notices required under this Agreement shall be in writing and shall
be hand delivered or sent by registered or certified mail, return receipt requested, postage
prepaid, to the addresses of the parties herein set forth. Al.l notices so given shall be considered
effective seventy-two Q2) hours after deposit in the United States Mail with the proper address
as set forth below. Either party by notice so given may change the address to which future
notices shall be sent.
Notice to CLDC:Mr. Scott Writer
Carbon dale I-and Development Corporation
P. O. Ilox 9705
Aspen, CO 81612
With copy to:Loyd E. kavenworth, Esq.
kavenworth & Associates, P.C.
P. O. Drawer 2030
Glenwood Springs, CO 81602
Notice to Baharav:Mr. Dan Baharav
2368 County Road 112
Carbondale, CO 81623
6. Construction of Language. The language r"rsed in this Agreement, and all parts
thereof, shall be construed as a whole according to its plain meaning, and not strictly for or
against any party. All parties have equally participated in the preparation of this Agreement.
7. Section Headings. The section or paragraph headings contained within this
Agreement are inserted for convenience only and shall not be construed to vary or add to the
meaning of the Agreement.
8. Severability. If any covenant, term, condition, or provision contained in this
Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable
in any respect, such covenant, term, condition, or provision shall be severed or modified to the
extent necessaq/ to make it enforceable, and the resulting Agreement shall remain in full force
and effect.
9. Complete Agreement. This document embodies the entire and complete
agreement of the parties on the subject matter herein. No promise or undertaking has been made
by any pdy, and no understanding exists with respect to the transaction contemplated, except
as expressly set forth herein. All prior and contemporaneous negotiations and understandings
between the parties are integrated and merged into this Agreement.
10. Governing I-aw. This Agreement shall be governed by the laws of Colorado,
C:\FIIIS\CLDCB.lAG
Dcccmbcrll,1995
a
-2-
-oo
which state shall also be deemed the place where this Agreement was entered into and the place
of performance and transaction of business of the parties. In the event of litigation pertaining
to this Agrerment, the exclusive forum, venue, and place ofjurisdiction shall also be Colorado,
unless otherwise designated in writing by the parties.
11. AuthoriU. Each person executing this Agreement represents and warrants that
he or she has been duly authorized by one of the parties to execute this Agreement and has
authority to bind said party to the terms and conditions hereof.
WHEREFORE, the parties have executed this Option to Execute Water I*ase and
Agreement on the day and year first written above.
CARBONDALE LAND DEVELOPMENT
CORPORATION
Scott Writer, President
Dan Baharav
C:\FILES\CLDCB.lAG
By
Deabcrll, 1995 -3-
o
WATER, LEASE AND AGREEIVIEIYT
THIS WATER IEASE AND AGREEMENT (hereinafter "Agreement') is made and
entered into ttris day of 1995, by and between CARBONDALE LAND
DEVELOPMENT CORPORATION, A Colorado corporation (hereinafter "Irssor',) and DAN
BAHARAV (hereinafter "Lessee,')
WITNESSETH:
WHEREAS, Lessor is the owner of a quantity of excess historic consumptive use water,
as more particularly described and decreed in Case No. 79CW097, District Court in and for
Water Division No. 5, State of Colorado; and
WHEREAS, kssee desires to lease from I-essor aperpetual right to delivery of 0.1. acre-
feet of consumptive use water pursuant to the terms set forth herein;-and
WHEREAS, the parties desire by this Agreement to set forth the terms and conditions
of the lease of said water.
NOw, TI{EREFORE, for and in consideration of the mutual promises and covenants
contained herein, the adequacy and sufficiency of which are hereby aclnowledged, the parties
hereto agree as follows:
1. Ouantity and Term of Lease. Irssor hereby leases to Lessee, pursuant to the
terms of this Agreement, [0.U acre-feet per year of adjuditated consumptive use water of the42.U acre-feet of excess historic consumptive use decreed in Case No. ZSCWO97, District
Court, Water Division No. 5, State of Colorado, as more particularly described in Exhibit A,
attached hereto and incorporated herein by this reference (hereinafter ieferred to as the ,Irasei
Water"). The term of this kase shall commence upon execution of this Agreement and shall
continue in perpetuity, so long as all terms and conditions of this Agreeirent are satisfied.
I-essor makes no representation or warranty.whatsoever concerning ttre viaUitity of said waterrights, the suitability of said water rights for I-essor's use, oi -y other representation
concerning the water rights which are the subject of this Agreement. Said water rights are
accepted by I-essee nas is. n Lessee shall be solely responsible for securing, at 6ssee,s sole
cost' any and all approvals necessary to utilize the leased water, including without limitation
Water Court approval.
2. Annual Payment. An annual payment shall be due for each annual period, which
is March 15 to March 14. Irssee shall make payment to I-essor annually in the amount of $125per tenth of an acre-foot, for a total of $125.00 per year. lhe first prorated annual payment of
$125.00 shall be due upon execution of this Agreernent, r."iipt of which'is hereby
acknowledged. Thereafter, annual payments shall be due on March li of each year, followin!
the year of execution of this Agreement. If payment is not received by the I-eisor'by the duI
a
C:\FILES\CLDTC.IAG
Dcccobcr ll, 1995
or
date, written notice of the same shall be sent by Lessor to the Lessee. If full payment is notreceived by Lessor within thirty (30) days aftei detivery of said notice, I-essor may elect toterminate this Agreement, in which case all right and interest of I-essee in and to the I-easedWater shall revert to Lessor.
3. Annual Payment Increase. Beginning with the payment due on March 15, 1996,
and each March 15 thereafter, the amount of each annual payment shall increase by - *orniequal to the preceding annual charge multiplied by the ,oit i..ently published Denver/Boulder
Consumer Price Index ('All Items") (hereinafter
-"Price
Index") foi ttre immediately precedingyear. The following formula shalt be used for determining the adjustment, if any, in tire *ruu]
lease payments:
a.
c.
C:\FILES\CLDC.IAG
Dcccobcr ll, 1995
Current Index Number
Base Index Number
"Price Index" for the December
immediately preceding the adjustment
"Price Index" for December in the year
preceding the year utilized in the numerator
b.As_promptly as practicable after the commencement of the first adjustment year,
and thereafter as promptly as practicable after the first day of each ,u"..Jding
adjustment year, I-essor shall compute the increase, if any, in the cost of livin!for the year immediately preceding said adjustment year. Such computation shall
be made by use of current and base index numbers provided for each adjustment
year as set forth in Paragraph (a) above.
In computing increases for each adjustment year, the current index number shall
be_ divided by the base index number. From the quotient thereof, there shall be
subtracted the integer I and any resulting positive number shall be deemed to be
the percentage of increase of cost of living.
The percentage of increase in the cost of living shall be multiplied by ttre
minimum annual reltal, including increases for the year preceding ttre aajusiment
year for which the increase is being computed.
The Lessor shall, within a reasonable period of time after obtaining the
appropriate data necessary for computing such increases, give the Irssee n'oticeof any increase so determined. Lessee- shall, within sixiy (60) days after thereceiving of such notice, notify the Lessor of any ciaimed error in the
calculations, and Irssor shall make such adjustments as he deems appropriate.
However., nothing herein shall be construed to extend the time * f-rio.a in
Paragraph 2, above, when lease payments are due and payable by Gssee.
If publication of the pertinent Consumer Price Index shall be discontinued, the
d
e.
f,
-2-
or
parties hereto shall thereafter accept comparable statistics on the cost of living forthe average of all U. S. cities, All Items, as the same shall be computed-andpub.li$ed by * agency of the United States or by a responsible financial
periodigal of recognized authority then to be selected Uy ttre parties hereto. In the
event of (1) use of comparable statistics in place of the Coniumer price Index as
above mentioned , ot (2) publication of the index figures at other than bi-monthlyintervals, there shall be made in the method oflomputation above providjrevision as the circumstances may require to carry out the intent of thisparagraph.
4' Late Payments. In the event the I-essee fails to make the annual payment asreferenced in Paragraph 2, above, within thirty (30) days of the au" aui., oio paymini shall beimmediately subject.to a late payment fee of io p.r..nt of the amount due, and said paymentshall thereafter continue to accrue interest at 18 fercent per annum on the amount due plus thelate payment fee.
5. Execution Fee. An execution fee of $300.00 shall be due and payable by theI-essee upon execution of this Agreement to cover the Lessor's costs incurred with thenegotiation and execution of this Agreement. Receipt of the execution fee is herebyacknowledged.
6' Use of ]Vatqr by Lessee. I-essee shall be solely responsible for securing allnecessary judicial or administrative approvals required to permit ,r. oi the Ieased Water in themanner desired by the Irssee.
7 ' Terms and Conditions of Delivery. I-essee acknowledges that Lessee,s use of theI-eased Water is subject to the terms and conditions of the decree entered in Case No.79Cw096, and Lessee agrees to comply with all such terms and conditions. I-essor covenants!o pay all assessments and to maintain in good standing the five shares of park Ditch andReservoir Company from which the subject Consumptive use water is derived, and shall complywith all terms and conditions of the decree.
8. Assignment of Lease. 'No assignment of this Agreement or sublease of the I-easedwater shall be effective without the prior *ritt.n approval of the r-essor.
- 9' Termination of Contract. Subject to the notice provisions of paragraph 2, above,kssor may elect to terminate this Agreemint for failure of th" I*ssee to: (a) make annualpayments in the amounts and at the times required under Paragraph 2, above; or O) failure ofthe Irssee to comply with the terms and conditions of thii Agreement. In the event oftermination of this Agreement, I-essor shall have no further obf[ation to deliver the LeasedWater for the benefit of Lessee, and all rights and interest of I-essee in and to the Irased Watershall revert to Lessor.
C:\FILES\CLDC.IAG
Dcccobcr fl, f995 -3-
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10. Breach: Remedies. In the event the Irssee fails to make annual payments in theamounts and at the times required under Paragraph 2, above, or if the I-essee breaches any ofthe terms and conditions of this Agreement, the Lessor has the option to terminate the agreementor exercise its legal remedies, including but not limited to an action to collect all amounts dueto Irssor if said amounts due are not paid within thirty (30) days of the due date. Further,
Lessor is entitled to any other remedy available in equity or at la-w.
I 1. Attorney Fees. In the event of litigation to enforce any of the terms or conditionsof this Agreement, the prevailing party shalt beintitled to reasonable attorney fees and costs.
12. Notices. All notices required under this Agreement shall be in writing and shallbe hand delivered or sent by registered or certified ,iil, ret rn receipt ."qrestei, postageprepaid, to the addresses of the parties herein set forth. AXI notices so given shalt be considered
effective seventy-two Q2) hours after deposit in the United States Mail with the proper addressas set forth below- Either party by notice so given may change the address to which futurenotices shall be sent.
Notice to I-essor:
With copy to:
Notice !o I-essee:
Mr. Scott Writer
Carbondale I-and Development Corporation
P. O. Box 9705
Aspen, CO 8L612
hyal E. Leavenworth, Esq.
I-eavenworth & Associates, p.C
P. O. Drawer 2030
Glenwood Springs, CO 8L602
Mr. Dan Bahuzv
2368 County Road 112
Carbondale, CO 8L623
13. Constructio4 of Language. The language used in this Agreement, and all partsthereof, shall be construed as a whole according to its ptain meaning,-and not strictly for oragainst any party. All parties have equally participated in ttre prepa,rition of this Agreement.
14. Section H-eadings. The section or paragraph headings contained within thisAgreement are inserted for convenience only and strd n'ot Ue construled to vary or add to themeaning of the Agreement
15- Severability. If any covenant, term, condition, or provision contained in thisAgreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceablein ury respect, such covenant, term, condition, or provision shall be severed or modified to the
C:\FILES\CLDC.TAG
Dcccabcr lI, 1995 -4-
ol
extenllecessary to make it enforceable, and the resulting Agreement shall remain in full force
and effect.
16. Complete Agreement. This document embodies the entire and completeagreement of the parties on the subject matter herein. No promise or undertaking has been madeby any PartY, and no understanding exists with respert to the transaction contemplated, except
as expressly set forth hgton. All prior and contemporaneous negotiations and undersandinis
between the parties are integrated and merged into this Agreement.
17. Governing Law. This Agreement shall be governed by the laws of Colorado,which state shall also be deemed the pllce where this Agreement was entered into and the placeof performance and transaction of business of the parties. In the event of litigation pe.taining
to this Agreement, the exclusive forum,, venue, and place ofjurisdiction shall also be toloradol
unless otherwise designated in writing by the partiei.
18. Authority. Each person executing this Agreement represents and warrants thathe or she has been.duly authoizedby one of ttre parties to execuie this Agreement and hasauthority to bind said party to the terms and conditions hereof.
WHEREFORE, the parties have executed this Water I*ase and Agreement on the dayand year frst written above.
CARBONDALE LAND
DEVELOPMENT COMPANY
By
Scott Writer
Dan Baharav
C:\FIIIS\CLDC.IAG
Dccabcrff, f995 -5-
O u:ug*t#$ii, ft ixt x ;g gg;p,
1. Applicant,sName{s):
Address:
Telephone Number:
Er.a and Dan Baharav
2368 County Road 112
Carbonda 1e co 8i623
( gio q5
2.
3.
Type
family 1 Jill ffiri3il,"T'ffilJl ;i:::::,t ror wator a rrotment contract : (i. e. sinsre
one s vith 1 500 ft. of on
Legal
contra
map, '
description of property on_which District,s vyater rights and/or Ruedi Reservoirct water shal be used; ouarte, d;;;; ii"",,"",. Township, Ranse (attach
swt/4 sfir/4 Section 11,Tovnship 7 South , )Range BB West, 6th p.M.
Elevation zone of property )o<4.
5.
6-7,000 ft. __ 7_8,OOO ft. -- 8-9,OOO ft.
Name and legal description of water supply divorsion point(sl; include Quarter Ouarter,T ownship,, bearing and distance frorn nearby Section corner. lldentify
Range
if well, s pring , pipeline, etc .) lf diversion point is a well, please provide the State permitNoapplication.pend ing with Division of Water Resourc€s
The Baharav WEll No. I is located in the sil/4 g{1/4, Section 1 Tormship
7 South Range 88 West, 6th p.M
and 300 feet from
at a point 175 feet from the South line
Has Applicant a
the West line.pplied with the Water Court for water rights, changs of water rightsand/or a water righ t plan for a ugmentationi )o( yes no; lf yes, what is theWat6r Court Case No.95CW
-
; pending
Section
t,
6
7 Proposed wasto water treatment system: (please check)
Tap to central waste water treatment facility)o( Septic rank/teachfield t;i;"-.Evapotranspiration sysiem
Other:
B Proposed use of water: (please check)
ro( Domestic/Municipal (single family. home(s),duplex(sl,condominium(s),
ffi?,'|:}jfl"(s)' apartment' noierr. Please compr"t" prg" two of this-----
;r'#ffi:'L'iffi";Xr?,'"'#J"'.", restaurant, bar, retair). preasecomprete
[tH:[lf ,uvet pit' manuiaciu'ingt' Please comptet' paso three of this
Agricultural (crop irrigation, stocloithis application. i watering)' Please complete page four
Erate on which the coun
v,il r i c h y o u se e k r e g a i ; :1":'r:",i'r: ;, 0,,
;Ell", H3
v e r n m e n t a r
docum enta tion
"ri-orn"ins- .rI n }Jo-rffi . JI;l:
entities approved the land use forCopy of the Resolution or othertod with application
Allotment contract and
The undersigned ack nowledg es receipt of the District's form Wateragrees that this
onditions thereofe
Signature
B
Application is made pursuant to the term and c
Date
q6
I fi#},fl fx'fl ".,i"ryilD
s,r c t I
Please completo this page if you checked domestic/municipar use on page r, No. g
DOMESTIC/MUNICIPAL WATER USES
ln-House
Single-family residential home(sl,
Duplex(s)
Condominium(s)
Hotel/Apartment
Mobile Home(s)
Nlumber of units: one ( 1)
lrrigation (lawns, parks, open space)
Total area to be irrigated 1,500 sq. ft. or _ acres
Type of irrigation system: (please checkl
)o( Sprinkler_-.. Flood (irrigation ditchl
Domestic stock waterino (cattle, horses)
Number of animals:
Period of use (months)
Other domestic/municioal uses not listed:
Number of units:
Number of units:
Number of units (roomsl:
Number of units:
'., )o I
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Case No. 95CW
APPLICATION FOR UNDERGROUND WATER RIGHT
AND FOR APPROVAL OF PLAN FOR AUGMENTATION
CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
DAN AND EVA BAHARAV, in Garfield County, Colorado
1. Name and address of Applicants:
Dan and Eva Baharav
2368 County Road 112
Carbondale, CO 8t623
c/o kavenworth & Associates, P.C.
1011 Grand Avenue
P. O. Drawer 2030
Glenwood Springs, CO 81602
(970) 94s-226t
FIRST CLAIM
APPLICATION FOR UNDERGROUND WATER RIGHTS
Name of structure: Baharav Well No. 1.
Legal description: The.Baharav Well No. 1 is located in the Southwest 1/4 of the
Southwest ll4of Section 11, TownshipT South, Range 88 West of [he 6th P.M., ata
point L75 feuct from the South section line and 300 feet from the West section line of said
Section 11.
4.A Source: Groundwater tributary to Cattle Creek, tributary to the Roaring Fork
River.
2.
3.
5
B. Depth: 330 feet.
A. Date of appropriation: December 11, 1995.
F:\FILES\BAHARAV.3AP
Dccabcr 13, 1995
o
B. Date water applied to beneficial use: N/A.
C. How appropriation was initiated: By formation of intent to appropriate water and
by filing of this application.
Amount claimed: 15 g.p.m., conditional.
Proposed use:
A. If irrigation, complete the following:
(1) Number of acres historically irrigated: N/A.
Q) Total number of acres proposed to be irrigated: 1,500 square feet.
(3) Legal description of the land irrigated: A portion of land located in the
Southwest ll4 of the Southwest 1/4 of Section 11, Township 7 South,
Range 88 West of the 6th P.M.
B. If non-irrigation, describe purpose fully: Domestic and irrigation.
Name and address of owner of land on which well is located: Applicants.
SECOND CLAIM
FOR AUGMENTATION
9. Name of structure to be augmented: Baharav WeIl No. 1, described above.
10. Water rights to be used for augmentation:
A.Park Ditch and Reservoir Company. The Applicants are the owners of an option
to perpetually lease of 0.1 acre foot of historic consumptive use decreed in Case
No. 79cw097, water Division No. 5. A copy of the final decree in case No.
79CWW7 is attached as Exhibit A and incorporated herein by this reference.
The 0.1 acre foot of adjudicated historic consumptive use is derived from water
rights decreed to the Park Ditch and Reservoir Company. The park Ditch and
Reservoir Company diverts water from Cattle Creek under the following water
rights:
t
6
7
8.
F:\FIINS\BAHARAV.3AP
Doccrubcr f3, 1995 -2-
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TABLE I
Direct flow diversions under the shares in the Park Ditch and Reservoir Company
are supplemented by releases from Consolidated Reservoir. This reservoir
operates under the following decreed priorities:
TABLE II
Historic use: The historic use associated with Applicants; 0.1 acre foot of
historic consumptive use was adjudicated and determined in Case No. 79CW097
in the District Court in and for Water Division No. 5 (see Exhibit A).
Ruedi Reservoir. Up to 0.05 acre-foot of water will be secured by the Applicants
from the Basalt Water Conservancy District's water allotment contract with the
Bureau of Reclamation for Ruedi Reservoir Water. Application to the Basalt
Water Conservancy District has ben made for this water. Ruedi Reservoir is an
on-channel reservoir located in the Northwest ll4 of Northeast Ll4 of Section 18,
Township 8 South, Range 84 west of the 6th P.M. Ruedi Reservoir was
originally decreed for 140,69'1.3 acre-feet in Civil Action No. 4613, Garfield
County District Court on rune 20, 1958, with an appropriation date of July 29,
F:\FILESIBAHARAV.3AP
Dccqabcr 13, f995
PARK DITCH WATER RIGHTS
Dilch Decreed
Amount
Priority No.Decreed
I-ocation
Sec. 7 T.7S.,
R.87W
Adjudication
Date
Appropriation
Date
C.A.
Park Dirch
Park Ditch
Park Dirch
Park Dirch
9.0
4.t
1.8
2.0
22tA
232
22tA
232
Nw/Sw/SE
Nw/SWSE
NW/Sw/SE
Nw/Sw/SE
6t26n913
619tL9t6
4^6tL9t7
9t5tL9L8
9n2n904
7lllt9t2
9lL2n9U
7nn9t2
1627
t82t
1627
1973
CONSOLIDATED RESERVOIR WATER RIGHTS
Structure Decreed
Amount
Priority No.Decreed
Location
Sec. 19
T.6 S.
R87W.
Adjudication
Date
Appropriation
Date
c.A.
Con. Res.
Con. Res.
Con. Res.
595.0 AF
285.6 AF
401.0 AF
8B
678
654
NE/NE
NE/NE
NE/NE
2t15/t921
6t20t1958
tl/5n971
9/8/L898
9nn948
9nn948
2144
4613
5884
-3-
11.
12.
o o
1957, for hydro-electric power generation, irrigation, municipal, domestic,
1lqrry.I, piscatorial and stock watering uses. SiUsequently, in Case No. W-
789:16, Water Division No. 5, the amount of water decreed to Ruedi Reservoir
was reduced from 140,697.3 aqe-fwt to 101,369 acre-feet.
l{ame and address of owners of land on which structures are located:
A. Park Ditch and Reservoir Company: All structures are within easements owned
by the Park Ditch and Reservoir company, p.g. Box 323, carbondale, co
81623.
B. Ruedi Reservoir: United States Bureau of Reclamation, Great plains Region, p.
O. Box 36900, Billings, Montana 59107.
Statement of plan for augmentation, covering all applicable matters under C.R.S. g37-g2-
103(9), -302(L)Q) and -305(8). Give full detailJ of plan, including a description of all
water rights to be established or changed by the plan
A. Water will be diverted from the Baharav Well No. I under the water rights
claimed in the First Claim herein on a year round basis for domestic uses.
During the months 9f May through.Oct,ober, inclusive (the "irrigation season,'),
water will also be diverted under these rights for inigation of law-ns and gardeni.
Depletions resulting from the exercise of these rights have been calculated and are
reported in Exhibit B, attached hereto, and are summarized in Table III below:
TABLE III
F:\FILEI\BAH RAV.3AP
Dcccobcr 13, 1995
IRRIGATION SEASON May I through October 3l)
Structure
Domestic
In-House (41 krigation (AF)Total1AI1
Baharav Well No.
I
0.03 .066 .096
NON.IRRIGATION SEASON (November 1 through April 30)
Struch,rre
Domestic
In-House (61.1 Inigation (AF)Total (AF)
Baharav Well No.
1
.03 ila .03
During the irrigation season, water representing the 0.1 acre-foot of historic
consumptive use owned by the Applicants and decreed in case No. 79cw097
-4-
o
will be delivered to the stream to replace depletions resulting from diversions by
the Baharav Well No. 1. Such deliveries shall be accomplished in accordance
with the terms of the decree in Case No. 79CW097. During the months of
November through April, inclusive, (the "non-irrigation season"), .05 acre-feet,
plus an additional 5 percent to cover transit losses, will be released from Ruedi
Reservoir pursuant to a contract between the Applicants and the Basalt Water
Conservancy District, to replace the out-of-priority stream depletions resulting
from diversions by Baharav Well No. 1.
The Applicants will install such measuring devices as may be required by the Division
Engineer to facilitate the operation of this plan for augmentation and assure compliance
herewith.
Respectfully submitted tr,i, :$"y of December, 1995.
LEAVENWORTH & ASSOCIATES, P.C.
Attorneys for Applicants
I
13.
By Ct
Glenwood Springs, CO 8L602
Phone (970) 945-2261
Attorney Registration No. 6696
Name and address of Applicants:
Dan and Eva Baharav
2368 County Road 112
Carbondale, CO 8L623
F:\FILES\BAHARAV.3AP
Dmbcr 13, 1995 -5-
oo
VERIFICATION
STATE OF COLORADO
COIJNTY OF GARFIELD
I, Dan Baharav, state under oath that I have read this APPLICATION FOR
I]NDERGROUND WATER RIGHT AND APPLICATION FOR APPROVAL OF PLAN FOR
AUGMENTATION and verify its contents.
rI)
----U
Subscribed and sworn to before me this -tautof Decemb er, l995,by Dan Baharav.
WTINESS my hand and offrcial seal.
My Commission expires:tt-8-qb
Notary Public
)
)
)
ss.
L E)C{IBIT A o
RECEIVED IJC l7 LED
rII TTiE DISTRICT COURT IN AND
rOR I{ATER DIVTSION NO. 5
STATE OF COLORADO
Application No. 79cw97
IN lVA1)OR COURT
Division No, 5
.,1lii ;: r tg$0
SIATE OE COLORADO
D WNTER.CLEhK
BY DEPUIY
IN THE MATTER OF THE APPLTCATION
FOR IiIATER RTGHTS OF CARBONDALE LAND
DEVELOP},IENT CORPORATION
IN THE ROARIIqG FORK RIVER
OR ITS TRIBUTARIES
TRIBUTARY INVOLVED: CATTIE CREEK
RULING OT REFEREE
IN GARFIELD COUNTY
The above entitled application t as filed on April 30, L979,
II an addendum was filed on May 14, 1979, and were referred to Lhe
undersigned as Water Referee for Water Division No. 5, State of
Colorado, by the Water Judge of said Court on the XBth day of May.
L979, in accordoqce with Article 92 of Chapter 37, Colorado Revised
Statutes. L973, known as the Water Right Determination Act of 1959.
And the undersigned Referee having made such investigations.
as are necessary to determine whether or not the statements in the
application are true and having become fu11y advised r.rith respect to
the subject matter of the application does hereby make the following
determination and ruling as the Referee in this matter, to-wit:
t. The statements in the application are true.
' 2. The names of the structures involved are:
(a) Clark Well No. 1, adjudicated by this Court in
Case No. 796tl67;
Morris.I{elI No. 1, adjudicated by this Court in
Case No. 79Cr168;
MrlK Well No. 1, adjudicated by this Court in Case
No. 79Cw66; and
CLDC Well No. I through CLDC I{eIl No. 14, adjudi-cated by this Court in Case No. 79CW95.
,f"'
(c)
(d)
3. The name of the claimant and address is Carbondale Land
Development CorporatLon; c/o Musick, WiLliamson, Schwartz, Leavenworth &
Cope, P. C., P. O. Drawer 2030, Glenwood Springs, CO 81601.
4- The source of the \dater is from wells tributary to Cattle Creek,
tributary to the Roaring Fork River.
5. The legal descriptions of the locations of the wells arefollows:
(a) Clark Well No. I is located in the.SwkNw! 'of Section 17,T.7S., R.B7w. of the 6th P.M. at a point 250 feet East
as
oo
of the West line and 2,310 feet South of the NorthIine of said Section 17.
l4orris WeIl No. I is located in the SELswk of Section 11,T.7S., R.87W. of the 6th p.M. at a point 660 feet Northof the South line and 2,062 feet East of the West lineof said Section Ll.
M/K Ranch I{ell No. I is located in the NEkNwk ofSection 17, T.75.. R.B7W. of the 6th p.M. at apoint 300 feet South of the North line and 1.400feet East of the West Iine of said Section 17.
CIDC well No. 2 is located in the StvkSWk ofSection l-1, T.75., R.8!w. of the 6th p.M. at apoint which bears N.l"lo0g'05', E. a distance of11200 feet from the Southwest corner of saidSection 11.
(e) CLDC Well No. 3 is located in the SEkSwk ofSection 11, T.7S., R.g8W. of the 5th p.M. at a. point which bears N.5loolr1L, E. a distance of2,000- feet from the Southwest Corner of saidSectiB-n 11.
(b)
(c)
(d)
(g)
( j )
(k)
(f)CLDC VJelL No. 4 is located in the NWkNWL ofSection 14, T.7S.. R.8BW. of the 6th p.M. ata point which bears s.5lo29'53" E. a distance of580 feet from the Northwest Corner of said Section
CLDC Well No. 5 is Located in the NELNWk ofSection 14, T.7S., R.88W. of the 6th p.M. at apoint rvhich bears S.86053,46" E. a distance of11880 feet from the Northwest Corner of saidSection 14.
(h) CLDC lrlel]. No. 6 is located in the NWkNEk ofsectj-on 14, T.7s., R.ggw. of the 6th p.M. at apoint which bears S.87053r37" E. a distance of4,200 feet from the Northwest Corner of saidSection 14.
(i) cLDc well No. 7 is located. in the NEkNI^rk ofSection 14, T.7S., R.BflW. of the 6th p.M. at apoint which bears S.50"35,30" E. a distance of2,290 feet from the NOrthwest Corner of saidSection 14.
14.
CI,DC Well No. 8 is located in the SWkNEk ofSection L4, T.7S., R.8!W. of the 6th p.M. at apoint which bears S.48"59'02', I{. a distance of31540 feet from the Northeast Corner of saidSection 14.
CLDC well No. 9 is located in the sI.IkSWk ofSection 14, T.7S., R.B8W. of the 6th p.M. at apoint which bears N.9oIB'03" E. a distance of1,030 feet from the Southwest Corner of saidSection 14.
CLDC Well No. 10 is located in the SEkSWk ofSection 14, T.75., R.B8W. of the 6th p.M. ata point which bears N.64002,1L', E. a distance of21810 feet from the Southwest Corner of saidSection 14.
r1l. li r'-.
(1)
-2-
o o
(m)
(n)
(o)
(p)
CLDC Well No. 11 is located in the SwkSEk ofsection 14, T.7s., R.Bgw. of tire- etn p.M. ata point which beais N.azor2iog;F-a aistance of],539 feet froro the southw""t-C-oirr", of saldSection 14.
CI,DC Well No. 12 is located in the SWISWf ofsection 14, T.7s., R.SBW^ of the 6th p.M. ata point which beras N.B5o42,zili-n'. a distance of\,289 feet from the Southw."t-Colrr", of saidSection 14.
9IDC Well No. 13 is 1ocated in the Nr{kNEk ofSection 23, T.7S., R.ggW. of tt" gtt p.M. at3 ltgint which bears s.srooiiaa;;-w. " distance of\,929 feet from tfre xorinei"i-c"rr,", o! saidSection 23.
CLDC well No. 14 is 1ocated in the SEkNt{b ofsection 23, T.7s., R.gBw. of tne gtn p.M. ata poirtt whlch bears s. ao56i5j;;1. " distanceof.3,830 feet from the Northeist'Corner ofsaid Section 23.
6. This is an-application for approval of a plan for Auqrmentattonand chanse of water nistiii-i"J-Iii" prrpose of ni"viai"!.;;;;.-;;,,'Ili.."ry:;"i:i"Xil!1 t"nt" when the .uor.-a"""ribed ,-.rr" are producins our
7. Statements of Opposition-were timely filed by Union Oi1companv of carifornia and ii-trr"-c"rorado Ri;;; frit.= conservationDistrict, and as. a result, 6" Jrfy 31, 1979, the Application.hrasi:..;:.'.ed bv the rnrarer x""e.""-t"-il"t;;i;.'JI.6L ror r^rarer Division
8. on october 2, Lg7g, the_Statement of Opposition of thecolorado River water conservaiion' o:-strict vras withdrawn.
g. On August_2tl,Lg7g, an lnfr{ of Appearance $ras filed by thePark Ditch Company, David stroocii and ilohn sutey.
10' ot oll:t:, 391.19.80, the Applicanr and Daniel stroock,
ff :"':$:#"3"3"lli"HI-"::;;:r*$;-ii i;"; i'Jip, r"t io.,
"o,, t ui.,:,, g
I 'A. Stroock, Sutey, and_park agree to withdraw theirappearance in Case No. 79cI{97, and t"-p..rii the use of 5shares out of the 8 shares oolgeg by the applicant in the mannerproposed by the plan for augrmentation. paii-rurther agrees' immediately to mike att necessary entries on its corporatebooks and iecords to r"cog;i;;-;ipiiJiii-.I"tr,e oryner of8 shares of the capirar ,i".[-"r-i;;;:"" --
B. Applicant agtrees, on behalf of itself, its successorsand assigns,.to permlt park. to_.""i"i=" lJiI "a*irristrative conrrolover the delivery of r.rater to.park ;;-t":il;-Division Engineer,water oivision Na' 5, pursuant-to-siia-prJ.r-tor.augrnentation,and to pay to park any- costs "r "a*i.rir[r]L"" rncurred by parkby virtue of. said pr"i ioi-augmentation. Applicant also asreesto continue to pay the normal assessment= iErri"a annually bypark for the.usuar operation and mainte;;";; of parkrs irrigationsvstem- Applicanr asiees rhat in ih;-';;;il"it strouta fail wirhinsixty (60) days to iemit io-part<_any assessments or othercharges propeiLy .""""""a [o apptic;"a;-p;;- shall providenotice of such iairure t" "iprili;r-;;; iI'tr," Division Ensineer,
-3-
resolvednivision
Engineer may thereafter administer the wells as if the plan
for augmentation did not exist, until such amounts have been
paid or otherwise resolved. Park agrees to administer the
shares owned by applicant in accordance with the requirements
of said plan for augmentat.ion as directed by the Division
Engineer.
te. In ord.er to enable Park to seek approprlate aridnecessary approvals of the Water Court, Water DivisionNo. 5, to permit the use of all water rights owned byPark for domestic uses as r\rell as the existing agriculturaluses, applicant agrees to pay the cost of an 6ngineerinS *(, ,study to be performed by l{estern Engineers, Inc., in f^-7g'ls1 69 \
accordance with the proposal attached hereto as Exhibit A.(rN
upon receipt of the resurts of said study, ;";; ;;;"".I'\ftSnPuDnllinstitute appropriate proceedings in said Court; applicantagrees to support such application when filed.
11. The Applicant and Union Oil Company of California havereached an agreement in the form of a proposed consent d.ecree, thepertinent parts of which have been incorporated in this Ruling ofReferee.
L2. As a result of the Stipulation and the proposed ConsentDecree which have been filed in this matter, on April 22, l9BO, theApplication was again referred to the Water Referee by the WaterJudge for Water Division No. 5.
13. Carbondale Land Development Corporation is engaged inthe development of approximately sixty-nine (69) lots for single-family residential development to be located on property or.rned by
CLDC situated on four (4) tracts of land encompassing approximately476 acres, more or less, located in parts of Sections 11, 14, and23, Township 7 South, Range 88 lrlest of the 5th P.M. (hereinafter
referred to as "CLDC Property"). CLDC has also entered into agreementswith others for the inclusion in thi.s pran of an additionar three (3)single-family residences to be located on property owned by them andsituated within Section 17, Township 7 South, Range 87 West. of the6th P.iu. (hereinafter referred to as "Agreement Properties"). Thus,a total of no more than seventy-two (72) single-family residences rvillbe included within this plan for augmentation.
14. Applicant proposed to utilize a total of sixteen (J.5). wells
to supply water to the 72 lots. Thirteen rvells wlIl service 69 of thelots t,hrough a. central r^rater system; the remaining 3 wells will bedomestic !,rells located upon and servicing individual lots. The wellsinvorved herein are as described in Paragraph 2 above, at the rocationsas described in Paragraph 5 above.
15. On the basis of year-round occupancy by 3.5 persons perlot (252 persons), each utilzing 90 gallons of water per day, the annualdiversion requirement form the wells involved herein for in-house useswill be approximately 25.40 acre-feet.
#t"il"l,**|, r3xl!",$i"*?lnn3rln'1":*:'*
16- The waste water. generated from the lots will be disposedof through individual septic tank and leachfierd. disposal systems de-signed to minimize evapotranspiration. The consumptiie use 3r wateiused for in-house purposes is estimated to be 12t of the amount diverted,or a maximum of 3.05 acrefeet per year. The remainder of the waterdiverted through the werls for- in-house purposes vrirl be returnedto the cattle Creek watershed. of the 3.05-acre-feet so consumed,1-52 acre-feet wirl be consumed during the period ttay through october,when the Park Ditch has historicarly been uied for i-irigati5n andthe vrel-Is are not expected to be permitted to divert water under: theirown.decreed priorities. The remaining 1.53 acre-feet will be consumedduring the.period November through A[ri1, when the wet1s are expectedto be permitted to divert water indei their own decreed priorities.
-4-
o a
19. The total- consumption of water as a result of Appldevelopment and the three tSj iJJi$onal lots incLuded withinplan is, therefore, expected to be as follows:
17. Applicant shall adopt restrictive covenants and deedrestrictions binding upon subseiuent purchasers and current ownersI:.- :::l lor or. parcel invotved herein which will limit rhe useot water from the wells as follows:- three (3) fots, the AgreementProperty, shall be permittea io-irrigate no'*or.-Iir.r, z,5oo squarefeet of lawn and.gaidens e"cir;-ttl remaining 69 CLDC lots shall bepermitted to irrigate no more trran r,o0o aq;a;;-i"Lt of rarsns andgardens per lot. There will, ifrrr" U" a totaL of l-.7G acres ofirrigated lawn and garden "i."-ritr, a diversion requirement of5' 27 acre-reet and. i .o.,",rrpii.,;-;;"-";-i:i-;;.;:ieer, annualry.This 3'51 acre-feet of-""""ir*pii"n wirl occur a"ii"g the periodMav.throush october, when *re'piit Dirch;;a;r-;i;iirs have his_torically been used for irrijation "na the wer_ls ire not expected tobe permitted to divert ,"t"i'"na"r tn.i. own aecreed priorities.
18. Applicant further proposes to perrnit residents of 39 lotsonly t.o maintaj_n no more than Lwo'(2) horses per 1ot; no other livestocksha1l be permitted- Based ,porr-ii gallons of iater per day each,assuming J.008 consumption, tt"." riff U. ""-aaJitlonaf 0.9G acre_feetof water consumed ealh year- oi-tiri", o.48 ""i":t""t will_ occur duringthe historic irrigation- seaso;-";a o. aa acre-ie"t-a.,rrir,9 the historicnon-irrigation season.
i-cant I s
this
In-house
Irrigation
Eguestrian
Total
May-Oct
L.52
3. s1
5. 51
Nov-Apr
1. 53
0
0. 4B
2. 01
Total
3. 0s
3. sI
0. 96
7.52
480
20- Applicant is the o!{ner of, and shalI cause to be committedfor augmentation purposes hereunder, iirr"- tll--"t"."" of the capitatstock of the park Ditch and Reservoir C"*p""V.-Hflto.i"ully, eachshare of stock has entitlea trre-owner to an lnnual average yield ofSpproximately 2.4 acre-feet of water i"-"ilr"g;-ii tt" consoridatedReservoir and 31-44 acre-feet of water under itre oirect frow waterrights adjudicated to the park-oitch.
-2L' Appricant's 5 shares of stock in the park Ditch havehistorically been used. to irigit" approximately thirty_two (32)acres of alfarfa and nati-ve ha! meaaLiv. unda;-i;rigati.on practicestypical of rhe area, the aveii-s",;;;;*;p;l;;-";;-;;r acre has beeniii."?!i-1f;::.::'vear, or a totaL or 4b ."'"-i""i.'ror the appriJ".,t,"
22. The location of the thirty:lvro (32) acre tract historicallyirrigated as set forth above-i" sl""rlrly desciiu"a ." being inthe south Half (sL) ot section Ii, rorrr"-nip z i""tr,, Range 88 westof the 6th p.M.
23' This Plan for Augmentation will make 4g acre-feet of wateravailable to cattle.lrgek ""6h y"ur to replace depletions from thewelIs, thereby permitting applilant to diirert tn.l"gn the werrs duringperiods when the weI1s c5urh'not iegalry aiveri--uiJer ttreir owndecreed priorities, without causing-inii.y-i"-"til"f ,o"t", rights.Applicant witr consumptivery ,r"" "-*.*imui ot s.s-r-."."-feet ofr"'ater per year through said welrs during- it"-p..iJd May throughoctober, when the werls are expected to-be ;";br;-;" divert waterunder their own decreed priorilies. rherefore, 42.49 acre_feet ofconsumptive use Der year wirl be avairat ie-t"'tt" .ipplicant by virtueof the 5 shares io. iaaiti"""f-""".
' 92-ti '
-5-
a a
schedule of this plan for augmentation24.shal1 be as
The operationalfollows:
(a) -.IVater required for augmentation purposes hereunderwirl be diverted throuqh the paik oii.rr-i" accordance withthe provisions herein.
(b) During the months November through Aprj-l, inclusive,the Applicant ii expected to be .ntiti"a-to divert sufficientquantities of water under the we,lsi -"r" iszs water rights,and augmentation of such aiveriions =I.ir-rrot be required.
(c) During the months May through October, inclusive,Applicant sharl cause to be ."i"i""a-iii."Jgr, the park oitch5'5r acre-feer of-water, 3.39 ;;;;:i.J'i-Ii.i"s the months ofMay, irune, ?rrg July by virtue of tfre-appffcant,s interest inthe water rights aecrlea to the parr oilcr:, and 2.12 acre_feetduring the months of August, Septemteil-""a October by.virtueof Applicant,s interest in the iater .iqtI decreed to theConsolidated- Reservoir, througt i"-iugrEniation station to beconsrrucred_by, Appricant vrith the "pp;;;i of the ni"i"io., '
Ensineer and obj--tor union -oir_comi:i"v.-t"-[.-;;";;i;-;;the park-Ditch companv. said rerei;;;--;;"ii be made ar suchtimes and in such amo-unts as are directed by the DivisionEngineer.
(d) Applicant shall permanently remove from irrigationrhe 32 acres of r-and histoiicaiiv i=i.rsiiJd by the 5 shares ofpark Ditch stock. ----r..eu!
25' The park Ditch \{ater lights may be changed from irrigationuse purposes to domestic, i*igation, augmlntation, exchange, and a1rother beneficiar purposes for ise rrerern"wilt".rt-i.r:rriously affectingany or^rner of or person entitled to use vested water rights or decreedconditionaL water rights veeusu wquE
26 ' rf the plan for Augmentation is operated and administeredin accordance with trre arove_J;;;ri;;-;;=.rriliiil ir wilt have theeffect of repracing water i" cittr" creet<-ani-:-Ir'=.r".."sor streamsat the time and plice and in the amounts of the depletions causedbv the development's use "a-;;-t;.. As a resuia; .h" underground waterto be diverted by the we'1s sei-iortir in paragraph 14, above, whichwould otherwise be considered is fu11y appropriated and unavailabrefor use' wilr now be availauie-ior appropiiation o,ittout adwerselyaffecting any or.rner of or peison-entitr"ir t;;;; vestea water rightsor conditionarly decreed wi.ter iigtt" "" criti"-creek, its tributariesor successor streams.
27 ' Ar1 current and subsequent purchasers of cLDc and AgreementPropertv as hereinabove descr*eJ -rviii il-;;;;-;y the terms of thedecree in this matter, and the a..-". shall re riiea of record inGarfield counrv and rhereby .or,"iit.ra.-;-;;";;.ii'rrr,.,i.,g with theland- The deed restriction-s and iestrictiv" ..""""its running withthe property invorved herein stratr alrow trra-"="""r vrater only asset forth in this pran for ausmentarr;; ";J-.;;ir"irorriuir arl orheruses -
28- The Referee finds that the- impositr,on of the conditionsset forth herein, we1ls for the described-;;;;;;;.-"nly may be con_structed and utilized without adversely afi;;ii;i-..ry vested waterrishts or decreed conditio.t.r w.ter-iiitt=-i"'6"iai" creek, itstributaries, or successor.streams,- and that, bt-il; institutionof the plan for augrmentatior, ".,a-"nu"s"-;f ;"i'..'Iigit" hereinapproved,, (CDDC, ?:::r:_:f rhe onr::i::. propeitvl-rheir purchasers,successors or assigns may secure permrts for use'ind such wells orother structures without-aarerseti--arteeting uii i".a.u water rightson cattre creek, its tributaries-lr successor strearn, and without the
-6-
o a
necessity of administering or curtairing the withdrawal 0f watertherefrom, so long as the condltions ""[ri""a tJ=ei, are met. rtis specificalry found that this plan for augmentation, based uponthe average histor.tc consumptlve use of 4g icre-feet from the fiveshares of park Ditch. company stock which is the subject hereof, willprevent injury to other water rights "" " i"""it of the diversionsof water to supply the 72 10ts, [o*e.rer ""-pr""-r"r augrmentationfor other properties or structures utirizini-tiie-a2.44 acre-feetof excess historic consumptive use is deterf,i".J ". d.";;;; ir.r.uv.
29 ' The pran for augmentation and change of water rights setforth herein is one contemplated.by i"orl-ri,"-iiiricant is entitredto a decree approving the plan for Augrrnentatioi'ana Change of WaterRights set forth above.
30. The change of water rights and operation of the plan forAugmentation invotved herei.n will iause """pir"priated. !,rater to beavailable for the Applicant to divert ini""gf,-iill water rights to beaugrmented as set forth hereinabove; the ,r.i1.bility-"i ""lppi"pli-"t"ar{'ater to the stream wilL pernir diversi";"-a;;;;;h said structureswithout injuriously affeciing o\uners of or persons entitled to use\dater under vested water.rights or decreed -conailionii-*"t"r-.ighi.,
incruding objectors. herein,-provided saia siiuctrrr"= are operatedin accordance with the plan ior Augmentation and change of rJaterRights herei.n involved Yrrqr':'E v'rqLE!
3r- The park Ditch water rights utrrized pursuant to this planfor Augmentation shall not.be deerned abandoned pulsuant to the commitmentof said shares in the pran for Augrmentation involved herein.
32- This Ruling of Referee and decree constitute a portion ofthe.raw required to be enforced by the staie-r"gi""", and DivisionEngineer within the. meaning ot c:R.s. 1973 , zl-di-zo2(2) , 37-g2-30t,and 37-92-501(1). Ih:.stat6 Engineer may Iawfully be reguired underthe terms of this Ruling of Reieree and decree to administer thePran for_Augmentation in the manner set forth herein and not tocurtail diversions, in times of shortag";-th;";;h said struetures,the depletions for which .." "o*pensat6d'UV ine-operation of thePIan for Augmentati?l :ld chanVg-of Water Rights herein approved.The Division Elgineer may lawfirly curtail .iir"r"iorrs through saidstructures included herein ir tney or other features of this plan forAugmentation are !gi"g operated oi used in viotation of the.terms andconditions as outlined herein
The Referee does therefore concrude that the above-entitred
Apprication for Approval of pran for Augmentation and change of water
Right should be approved, and the structures as described herein may
be operated in accordance lrith this plan for Augrmentation, without
state administrative curtailment for the benefit of senior appro_
priations, .so long as the terms and conditions herein set forth are
fully adhered to throughout the operation of this pran for Augmentation,
and that the state Engineer shalr issue permits for the weIIs, pursuant
to c.R.s- r973, section 37-go-137, subject to the conditions that said
welrs sharl be eguipped with totalizing flow meters, shall be operated
only in accordance with the ptan for Augmenation as set forth herein,
and diversions sharl be curtailed through said structures incruded
-7-
o o
herein if they or other features of this plan for Augrmentation are
being operated or used in violation of the terms as seL forth herein.
This plan for augmentation shalr not become effective, and no welr
permit sharl be issued based upon it nor sha1l existi.ng wer_ls be
protected by it, untir arl structures and devices reguired as
described herein have been constructed and are operating.
Applicant, its successors and assigns, sha11 be permitted to
continue to utilize the subject five shares of stock in the park Ditch
company for irrigation in the historic manner until such time as werl
permits for the 72 single family residences are applied for and Appltcant,
its successors or assigns, desires to put to use the 42.4g acre-feet
of additional historic consumptive use determined to be available
hereby. Applicant, as the direction of the Division Engineer, wiJ_l
terminate the historic irrigation of 32 acres at.such times and to
such extent as are necessary to timit the consumption of water from
the subject five shares for alr purposes including the subject welr.s
to no more than 4g acre-feet per year.
It is accordingly oFDERED that this ruling shalr be filed with
the Water Clerk and shall become eff.ective upon such filing, subject
to Judicial review pursuant to Section 37_92_304, C.R.S. 1973.
rt is further .RDERED that a copy of this ruling sha1, be filed
r'rith the appropriate Division Engineer and the state Engrneer.
Done at the City of Glenwood Springs, Colorado,this Z? &
day ofA ,)<r , TgBO
No protest wos filed in this motte:..
The fo;egoing ruling is confirnrecl
ond opproved, ond is mcde tho
Judgme eof
Doted:
BY THE REFEREE:
ter Division No. 5State of ColoradoWAiEI
-B-
o
lq Oulqr
No protest was filed in this matter, and accordingly theforegoing rulj-ng is confirmed and approved, and ls made the Judgrment
and Decree of this court; provided, however, that the approval ofthis change of water right and Plan for Augmentation sha1l be subjectto reconsideration by the Water Judge on the questi)on of injury to thevested rights of others during any hearing commencing in Ehejoo_calendar years succeeding the year in which this declslon is iendered.
o
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EXHIBIT B
WRJ-5-Rev.76
Application must
be complete where
applicable. Type orprint in BLACK
lN K. No overstrikes
or erasures unless
initialed.
,,,c"lff f,?. ij YJ i' 3il,: L TI H:.1 :::"p,,',,,
PERMIT APPLICATION FORM
FOR
(x) A PERMIT TO USE GBOUND WATER(x ) A PERMIT TO CONSTRUCT A WELL(X) A PERMIT TO INSTALL A PUMP
) BEPLACEMENT FOR NO
) OTHER
WATER COURT CASE NO
(1) APPLICANT - mailing address
Eva and Dan Baharav
NAME c/o Leavemrorth &Associates, P.C
STREET P. O. Drawer 2030
CITY Glenwood Springs, CO 81602
FOR OFFICE USE ONLY: DO NOT WRITE lN THIS COLUMN
Receipt No.
Basi n Dist
This well shall be used in such a way as to cause
no material injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
APPLICATION APPROVED
TELEPHONE NO
(state)
(970) 94s-226L
(zipl
(2) LOCATION OF PROPOSED WELL
County Garfield
SW lzo of the s Zo, Section 11
Twp. 7 S,Rng. 88 W, 6th p.rvr
(N,S) (E.W)
WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm)
Average annual amount of ground water 463to be appropriated (acre-feet)
Number of acres to be irrigated 1,500 sq. ft.
Proposed total depth (feet)330
Aquifer ground water is to be obtained from:
Jroundwater tributary to Cattle Creek,;ribu
Owner's well designation Pahat-av lb. 1
GROUND WATER TO BE USED FOR:
( ) HOUSEHOLD USE ONLY - no irrigation (0)
FOi DOMESTIC (1) ( } INDUSTRIAL (5)() LIVESTOCK (2) OO() IRRIGATION (6)( ) CoMMERCTAL (4) ( ) MUN|C|PAL (8)
( ) orHER (9)
DETAIL THE USE ON BACK IN (11)
15
(4) DRILLER
Licensed Colorado Driller
PERMIT NUMBEB
DATE ISSUED
EXPIRATION DATE
(STATE ENGINEER)
Name
Street
City
(5tate)
Telephone No.
-
Lic. No
lzt9)
BY
t.D COUNTY
(5)TION O P
water be must
RTH
+
SOUTH
!<- 1 MILE, s28o FEE7
->l+++++
ED and the area on
diagram below.
(6)E
on stances from
Use the CENTER SECTION (1 section, 640 acres) for the well location+-+-+-+---l--+-+-+-
F
aD
Llj3
+
I
+
I
+
I
+
I
+
II
I
+
I+
I
175 ft.from#sec'line
I
+
I
+
+
lI
I
+++++tl
-+-+-+-+--F-
The scale of the diagram is 2 inches = 1 mile
Each small 40 acres.
WATER EOUIVALENTS TABLE (Rounded Figuresl
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second (cfsl . . . 449 gallons per minute (gpml
A family of 5 will require approximately 1 acre'foot of water per year.
1 acre-foot...43,560 cubic feet. . .325,90Ogpllons.
1,OO0 gpm pumped continuously for one day produces 4.42 acre-teet.
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(sl :Applicants
300 ft. from West sec. line
(east oi west)
LOT-BLOCK
-FlLlNG
*
-
SUBDIVISION
LOCATED "r. Applicants
No. of acres 2.6 Will this be
the only well on this tJact?
(8) PROPOSED CASING PROqRAM
Plain Casing
6 in. from
-0-
ft. 1s 125 ft.
-in.
from
-ft.
to-ft.
Perforated casing
6 in. from 125 n 1o 330 1.
in. from
-
ft. to ft.
(9) FOR REPLACEMENT WELLS sivedistance
and direction from old well and plans for plugging
it:
a/a
+
+
+
I
+
-+-
Own
0
+
lt+++Irf -+ -+
No. of acres:2.60
I-aE 2, paf,t of s,tll/ SI,fiL/ Section 1.1, Township 7 Southr Range 88 W., 6th P.M.
Legal description:
(11) DETATLED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used.rr lrse for one si nrrl e-fami1v 11ino. r,rit-h i rri rr:ti on
of 1,500 scI . ft. of lawns and gardens.
(Septic tank/leadtfield
(12) OTHER WATER RIGHTS used on this land, includins wells'Give Registration and Water Court Case Numbers.
Type or right Used for (purpose)Description of land on which used
See application for attached hereto.
(13) THE APPLICANT(S}STATE AT THE INFORMATTON SET FORTH HEREON IS
TRUE TO THE ST OF KNOWLEDGE
Ioyal E. Leavennorth, attorney for ApplieantsSIGNAAPPL
Use additional sheets of paper if more space is required.
I]r:rror( ri'l'tt,,l'lnll r) ol, corJN'r'y (jorvlNrIss,O,,,a, ,r,.
(ln ltlrllrl-l) COTJN'l'\', COLOltn l)O
I'li l l I.loN-l:QILLX lllvlII IQN
I)tu'sttttttt to C.l{.S. (1973) Scction l0-2li-l0l (10) (a) - (cl) as anrentlerl, ancl Lhe
Strlrtlivision Itegrrlirtions ol'Garlieltl (Jorrnty, Colorirrlo, irrloptcrl Apr-il 23, l9tl4 Section2'.20.49,
Ilrc rrnrlersignerl E\ra ard Dan Baharav respect firlly pel.it ions
tlrc llttitt'tl ol'(jotrrrty Oontrrrissiorrcrs ol'(lirrlieltl Oorrrrty, Color-atlo, to exenrltI by Ilesolution
tlrc tlivisio^ o[' 12.83 tcre lrirct ol'lirrrtl irrto 2 ritcts of approxinrately -
2.60,- & 10.-23 ircres cilclr, l)lot'e <tr lessi, ll'orn the rlcIrrritions of "strbdivision" and
"sttbclivicletl litntl" its the Icrrrrsirrerrscrlirnrltlcllnctl irr C.lt.S. (197]) Section 30-28-l0l (10)(a)
- (tl) antl tlte (larllcltl Cotrrrty Srrbtlivisiorr Itcgtrlirtiorrs hrr tltc reasorrs stated belorv:
S tJ lllvl l'l-fn I- It I r(lt, I I{ I rM I rN'l'S:
An aplllicittiorr rvlrich satislles thc review critcriit nrtrs[ bc strllrnitted with irll the lollolving
irr fornra t io n:
A Sl<elclr ttritp itt tt Ittirtirttrrrtr scllc ol'1"=?00'slrowing tlre legal tlescription of'the
1lt'<l1lel'ty, tlirttettsiolt itntl itrerr <ll'irlllotsol'l,^cl)ill'illc interc:'^t.s to becreirterl, access
Itl it ptrtrlic riglrt-ol'-rvity, itntl irny l)r'ol)osctl easenrents [br clririrrage, irrigal.ion,
accc:;li rlr rrtilitics;
Vicirrity tttitp itI it ttrittirntrrrr scirlc o[' l"=2000'slrowirrg the general topographic
itrttl gcogt'lpltic rclittion o['tlrc propclsctl excnrption to tlre srrrrotrnrling ilreir
rvillrirrtrvtl(2)rttilcs,filrlvlriclrilcol)yol'U.S.G.S.t;rrarlrirnglorrurprniryberrsed.
Oolly of'the tlectl sltovvirtg rlrvrrcrslrip lty lhe appliciult, or a leLter fronr the
proper'ty owncr(s) il'otlrcr Iltirn Ilre lpltlicirnt; antl
Ntttttes itlttl atltlresses ol'owr)ers ol'r'ecord ol'llrnd inrnrecliately lcljoining and
witlrirr 200 fect ol'tlro pt'oposetl cxcrrrption, rrrincrll ownerslrrd lcssees o[rnineral
o!vllol's tl['l'cctlt'tl tll'tlrc llrolterly trl bc excrnl.ltctl, irrrrl tcniurls of any structure
1'lro1'losctl lilr convcrsion; irrrrl
ljviclcrrcc ol'tlre soil typcs irrrtl clrirrlctcristics ol'caclr ty1:e; anrl
I)t'<lol'ol'lcgal itrttl lttlctlttittc soru'ce ol'rlonrcstic w:rter"l'or eirclr lot created,
tttctltotl ol'sewitgc tlisl'ros;tl, itrrrl lottcr of irpprovirl ol'flre protecLion lllan l-ronr
itpprollriirtc lirc tlistrict; irrrrl
ll'cottttcctiort to it conlrurrrrity <ll'rururicipirl \l,irIcr'or sewe r.syslcrrr is proposecl,
it lcttcr ll'olrt tlrc govet'ttittg borly stirting a willirrglress to ser-vc; lncl
Nitrrirtivc exPlirirrirrg wlry exenrption is being r.et[resIerl; arrcl
Itslrilll bcdetltottstt'itletl tlrirl tlrcptrccl cxislctl asclescribecl on January l, 1973
or tlte pitt'cel ils it cxists llresenlly is one of n<lt nlore tlrirrr llrree plrccls createcl
ll-orrr.lir.ger'p;,-ccl .s it cxis^rctl .lr.ri,rrr,r'y l, r973.
n $i300 00 lce rrrrrst bc strllrrrittctl witlr rlrc aPplication.
ll
E\ra ard Dan Baharav
l'e I it it> ncr'
Road 1 12
Ivlirilin1i Arlrlrcss
@ 81623
City Stirte
l)
C
U
li
G
II
I
J
'l'clcllhone Nunrbcr-
9659
oo
LOYAL E. LEAVET.JWORTH
CAROLYN M. STRAUTMAN
CYNTHIA C.TESTER
Mr. Mark Bean
Garfield County Planner
109 Eighth Street
Glenwood Springs, CO 81601
LEAYENWORTH & ASSOCIATES, P.C.
ATTORNEYSATLAW
December 13, 1995
.I011 GFANO AVENUE
P.O. DFAWER 2O3O
GLET.IWOOD SPRINGS, COLORADO 81692
TELEPHONE: (970) 94s.2261
FAX: (970) 9.l573i16
Re: BaharavSubdivisionExemptionApplication
,,.,R-t
h() #
applicaticin for a
the Southwest 1/
\ ,,[ SuLvr,sriu.,
subdivision
4 of Section
C [,r\u
Dear Mark' Ctto 6*a \O
We represent Dan and Eva Baharav, who are frling today an
exemption regarding their property located in the Southwest Ll4 of
11, Township 7 South, Range 88 West of the 6th P.M. We are writing to explain the legal and
physical water supply that will be available for both parcels. The larger parcel upon which the
existing house is located, will continue to be served by the existing well located on this parcel.
There is an existing exempt domestic well permit which seryes this parcel (and two adjacent
parcels).
The new smaller parcel upon which no structure is yet located, will be served by a new
well to be drilted on this parcel in the future. The Baharavs have obtained an option to
perpetually lease excess historic consumptive use credits from the Carbondale l:nd Development
Corporation to augment out-of-priority irrigation sqson diversions. We have applied for a
Basalt Water Conservancy District water allotment contract which will be used to augment out-
of-priority non-irrigation season diversions.
We anticipate no problem in obtaining the Basalt Water Conservancy District contract
or obtaining approval of a water court application. For your information, we are enclosing
copies of the option agreement, the Basalt Water Conservancy District contract application, well
permit application, and the water court application, which we will be filing this week.
If you need any further documentation in this regard, please let me know.
Very truly yours,
LEAVENWORTH & ASSOCIATES, P.C.
LEL:eg
Enclosures
@i Dan and Eva Baharav
BEAN.3LT
E.
o o
Corbondale & Rural Fire Protection District
300lvleadowood Dr.
Cubondale Colorado I I 62-1
974-963-2491
Iv1srt Bear
Carfield Couut-v Plaming Oeeartueot
109 8th sr.
Gleowood Springs, CO 81601
Desrlvtadq
I would lfte to offerr the following comrneots regarding the Baharav subdivision exe,mptim
located at 2368 CormfyRoad I 12 otd owned b!'Ivfr' DanBaharav' As I rmdemtarnd it
Mr. Babarav intends to split his lot into hro lots and build a house on the new lot.
Accs$s to the property should be according to the CrarEeld County Road Specifications to insure
accass for ermorgenury whicles oo a year round basis.
Water Supply for fire protection for the prcperfy will be the water caried on the Carboodale f:re
tnrcks, u&ich is approrcimately 7000 gallons, as the,re is no c€rnhal waterr ffierm or water cisterrns
plamred. The water supply will be augmenled by tbe water zupply site located at the intersection of
comty road I 12 and 103.
A defensible spacs should be created arormd all structr:res build on the property to pevent wildfirc
sprread to the skuchnes.
Respoase time to the property forboth fre and medical s is approximately 15-20
minutes with firrt reE)oose coming from the DisEict's substatisn on Missouri HBiEhts with back
qp respotrse cming &m. tbe main Carbondale fire statios-
The p'roject will b€ subject to the Dstict's iryact f". poli.y u&ich will meaa an iryact fee of
$235.00 will be due tbe Fire Deparfmsrnt at finel apprroval of the suHivision ercerrytionby
Garfield Cor.rnfy.
Ifpu harrc any questicns feel frEe to contact me at 963-2491
Ronleac\ Chief
Cafioodale & Rural Fire Protection Distict
t
0 ll
o
s -,
C
o
-r4
reek
(t
2
ao
H. Narrative:
WefeelverystronglypartofthecommunityintheRoaringFork
Valley, and are very much in }ove with the place where we
currentlylive.Unfortunately,wecannotcontinuetoaffordthe
house where we live' and our intention is to "plil :k.r"
tract of
l and of L2 '83 acres into tracts of l and of 2 ' 60 and t0 ' 23
acrelotsandbui}dasmallhouseonthe2.60acrelot.The
tract of }and as. it existed before Jan 1973 from which our
parceloflandwascreatedhasbeensubdividedin]-9?9into
approximatelyequalthreeparcels'Asoftoday'therearestill
onlythreeparcelstromt-t,.originaltractof38.49acres,and
wewouldliketotaketheopportunitytosubdivideourparcel
byexemPtiononemoretimeaSallowedbycountyregulations.
Sinceweappreciatethelowdensityofthisresidentialsf,€El
andareveryfamiliarwit'hallthed'etailsofitstopograPhy'
wemadeSurethatthesubdivisionwillleavetwofair}ylarge
tractsoflandinpl?'cQtandthatthepropertylinesrespect
the assets of the Particular uneven topograPhy of the area' We
also made sure that the present dwelling unit as weII as the
sitefortheintendeddwellingunitbeasfarapartaspossib}e
to allow for privacy' The existing dwelling is served by an
existingwell.Forthenewdwellingontheproposedlot2,we
areapplyingforaseparatewel]'.Wehaveenteredintocontract
withCLDCandBasaltWaterConservancytosecurewatersupply
(seeattached}etteranddocumetsprovidedbyL.Leavenworth).
Thepresentwellhasanadequatewatersupply(15GPM)andaIl
neighboringwellsindicatepreSenceofanadequategroundwater
supPly'We hope that our petition meets alI the regulations and
oo
Baharav, Petition for exemPtion
H. Narrative' Con'd
p. -2'
so
requirementsandthatasubdivisionbyexemptionbegranted
that we can continue living in this colrununity'
ao
B a av Pe it on fo E emp ri
I.
This parcel is Part - of
""iiirii.a in r979 into three
three Parcels stil I
acres tract that
Book 522 Page
on the original
a 38.49
t racts
was
657 -
38.49658, Feb.
There are
acres.
1979.
onl Y
D
a o
Baharav Petition for Exemption
Parcel No. 2393-1I3-00-260
Owners of Land tilithin 20O'
Names and Addresses
Robert CoIby and Linda Deters
2372 Rd. II2
Carbondale, CO 81623
Lizabeth R. Beerman
8058 E Phillips Cir.
EngIwood, Co 80112
PubIic Service Co. of ColoradoAtt: Property & tocal Taxes
L225 ITth st. sTE 400
Denver, CO 80202-5504
Richard and Shirley Hunt
14913 Hwy 82
Carbondale, CO 81623
John and Anthony Sutey
2343 Rd. 112
Carbondale, CO 8I523
Cloude Van Horton R. and
Susan Meyer SchwartzI53 Maroon Mesa Rd.
Carbondale, CO 81623
2393- 10 4-00 - r 90
2393-r04-00 -237
2393- 10 4-00 -238
2393-104-00 -323
2393-I13-00 -324
2393-r5r-00-083
2393-11 3-03-015
Katherine A. Soden & Janet C. EarIey 2393-L42-03-017
2365 Rd. II2
Carbondale, CO 81523
Thomas c. and Laurie tindberg Stevens Z3g3-II3-03-OI6
155 Maroon Mesa Rd.Carbondale, CO 81623
Michael A. & Sheila Fitzer
295L7 Bertrand Dr.
Agoura HilIs, CA 91301
2393-1 42-0 3-018
o
DI. Names - Mineral riqhts
Joseph Zorko
Margrate Zorko
Robert ZorkoLesIie Zorko
as in Book 353 Page 41 Rec. 222792
1 953
o
1 a'
U.S. DEPARTI'IE}lI (]T AGRICULIURE
SOIL COilSERVAII(}T{ SERVICE o o PACE 1 OF 3
12l4lesSAilITAEIh[EOiLIIIES
(Ihe infprnation in this report indicates the dominant soil condition but does not aliminate the need for onsite
i nvestigation )
llap synbol
and soil nane
Septic tank
absorption
fields
Serage lagoon
a reas
I rench
sani tary
landfi I I
A rea
sanitary
Iandfi I I
Daily cover
for landfill
33:
Ea rsman---------
Rock 0ut*op----
42:
Fl uvaquents-----
55:
Gypsun Land-
I Seve re :
i depth to rock,
I slope
I
I
I
I
I Seve re:
I depth to rock,
I slope
I
I
I
I
I Seve re:
I flooding,
I netness,
I poor filter
I
I
I
I
Seve re :
seepage,
depth to rock,
slope
Seve re:
depth to rock,
slope
Severe:
S6Epage,
floodi ng,
re t ness
Severe:
depth to rock,
slope
Severe:
seepage,
depth to rock,
slope
Severe:
depth to rock,
slope,
large stones
Severe:
slope
Seve re :
depth to rock,
slope
Seve re :
f Ioodi ng ,
seepagB,
ne t ness
Seve re :
depth to rock,
slope
Seve re:
slope
Poor:
depth to rock,
sSepage,
snall stones
S evere:
depth to rock,
slope
Seve re:
flooding,
sEEpage,
retness
Severe:
depth to rock,
slope,
excess salt
Seve re :
depth to rock,
slope
P 00r:
depth to rock,
s lope
Seve re :
depth to rock,
slope
Poor:
seepage,
too sandy,
small stones
Poor:
depth to rock,
slope
Gypsiorthids----Sevare:
depth to rock,
slope
Poo
depth to rock,
s Iope
U.S. DEPARTITEI{I OF AGRICULIURE
SOIL COI{SER'IAIIOI{ SERVICE
PAGE 2 O? 3
tzl4les
o oSAIiIIARY FACILIIIES
Endnote -- SAI{IIARY FACILIIIES
This report shons the degree and kind of soil Iimitations that affect septic tank absorption fields, serage lagoons,
and sanitary iandfills. Ihe limitations are considered "slight" if soil properties and site features generally are
favorable for the indicated use and limitations are minor and easily overcone; "l'loderate" if soil properties or site
features are not favorable for the indicated use and speciai planning, design, or maintenance is needed to overcome or
rninimize the linitations: and "severe" if soii properties or site features are so unfavorable or so difficult to overcone
that special design, significant increases in construction costs, and possibly increased naintenance are required.
Ihis report also shors the suitability of the soils for use as daily cover for landfills. A rating of'Good'indicates
that soi] properties and site features are favorable for the use and good perfornance and lor naintenance can be
expected; "Fair" indicates that soil properties and site features are moderately favorable for the use and one or
more soil properties or site features glake the soil less desirable than the soils rated'Good"; and'Poor'indicates
that one 0r more soil properties or site features are unfavorable for the use and overconing the unfavorable
properties requires special design, extra maintenance, or costly alteration.
STPIIC IAllI( ABS0RPII0tI FIELDS are areas in which effluent from a septic tank is distributed into the soil through
subsurface tiles or perforated pipe. 0nly that part of the soil betreen depths of 24 Lo 72 inches is evaluated. Ihe
ratings are base on soil properties, site features, and observed performance of the soils. Perneability, a high
water table, depth to bedrock or to a cemented pan, and flooding affect absorption of the effluent. Large stones
and bedrock or a cerlented pan interfere lith installation. Unsatisfactory perfornance of septic tank absorption fields,
inciuding excessively slor absorption of effluent, surfacing of effluent, and hillside seepage, can affect public health.
Groundlater can be polluted if highly permeable sand and gravel or fractured bedrock is Iess than 4 feet belol the
base of the absorption field, if siope is excessive, or if the rater table is near the surface. Ihere must be
unsaturated soil naterial beneath the absorption field to filter the effluent effectively. ltany local ordinances
require that this material be of a certain thickness.
SE}{AGE lAC00llS are shallon ponds constructed to hold serage rhile aerobic bacteria decompose the solid and liquid
wastes. Lagoons shouid have a neariy level floor surrounded by cut slopes or embanknents of compacted soil. Lagoons
generally are designed to hold the serage rithin a depth of 2 to 5 feet. llearly inpervious soil material for the Iagoon
floor and sides is required to minimize seepage and contanination of ground rater. Ihis report gives ratings for
the natural soil that makes up the Iagoon floor. Ihe surface layer and, generally, I or 2 feet of soil material
beior the surface layer are excavated to provide material for the enbankmsnts. Ihe ratings are based on soil
properties, site features, and observed performance of the soils. Considered in the ratings are slope, perneability' a
high tlater table, depth to bedrock or to a cemented pan, flooding, large stones, and content of organic natter'
Excessive seepage due to rapid permeability of the soil or a rater table that is high enough to raise the level of selage
in the lagoon causes a lagoon to function unsatisfactorily. Poilution results if seepage is excessive or if floodnater
overtops the lagoon. A high content of organic matter is detrimental to proper functioning of the lagoon because it
inhibits aerobic activity. SIope, bedrock, and cemenled pans can cause construction problers, and large stones can
hinder compaction of the Iagoon floor.
SAI{IIARY LAI{DFILLS are areas rhere solid naste is disposed of by burying it in soil. Ihere are tro types of landfill,
trench and area. In a trench landfill, the uaste is placed in a trench. It is spread, colpacted, and covered daily
with a thin layer of soil excavated at the site. In an area landfiil, the raste is placed in successive layers on the
surface of the soil. Ihe raste is spread, conpacted, and covered daily nith a thin layer of soil forn a source aray
from the site. Eoth types of landfill must be able to bear heavy vehicular traffic. Both types involve a risk of
groundnater pollution. Ease of excavation and revege[ation need to be considered. Ihe ratings in this report are based
U.S. DEPARIIIEI{T OF AGRICULTURT PAGE 3 OF 3
onrt ^nltlrnUAtrnll caolitnr trlalar,
O SAl{ITARY FACILITIES o
Endnote -- SAt{IIARY FACiLITIES--Continued
on soil properties, site features, and observed performance of the soi}s. Perneability, depth to bedrock or to a
cemented pan, a high nater table, srope, and iioooins affect both tvp* of Iandfin. Iexture, stones and boulders'
highry organic Iayers, soil reaction, rno ro,,trni-oi'rrrt, ano sooiui atirri-irrnrt type landfills' unless otherrise
stated, the ratings apply onty to that prrt oi-it, soii nithin a depth of about 6 feet. For deeper trenches, a
Iimitation rate,,slight; or'l,toderate" may not be valid. 0nsite investigation is needed'
DAILy c,vER F'R LA|{DTILL is the soil material that is used to cover compacted solid xaste in an area type sanitary
iandfirl. Ihe soir rrirriir is obtained ottsiie, transported to the landfill, and spread over the raste'
soil texture, retness, coarse fragments, and srope affect the ease rt-.^r*rirg and spreading the material during ret
and dry periods. Loamy or silty soiis that are iree of large stones 0"""' gravel are the best cover for a
randfill. clayey soils may be sticky or clodoy and are difiicuit to spread; sandy soils are subject to soil
bloring. After soil material has been rrrorri, ir,, ioir material remaining'in the borror area must be thick enough
over bedrock, a cemented pan, or the nater tabie to permft revegetrii.n. ir.,r soir material used as finai cover for a
landfill shouid be suitable for plants. tne"suitace Iayer geneialrv'i.. tir-urit rorkability' nore organic latter than
the rest of the profile, and the best potentiai io,^ prrntr.- nateriat irom the surface layer should be stockpiled for use
as the final cover.
U.S. DEPARTl'1Il{T OT AGRICULTURE
PAGE I OT ?
tr lA la\
rrurL vurglntn r lutr gLnl 19!oo
s0r[afi[flluREs
Bed rock Cenented pan i
=rrl!-t-:Eir:-l
Subsidence I
r,ffrrprtlt:lffflullllg"
Risk of corrosion
imunfo8lttSisE,,:rsqlsfrffis
42l.
t I uvaquen ts-----
55:
Gypsun Land-----
Gypsiorthids----
}li gh
)60
l0-40
)J Soft
Soft
l{one
llodera
lligh
ghlti
High
ghtlite
U.S. DEPARI}IEllI OI AGRICULIURE
S(]IL COilSERVATIOII SERVICE
o o PAGE 2 OT 2
L2l4les
SOIL IEAIURES
ENdnote -- SOIL FTAIURES
Ihis report gives estimates of various soii features. ihe estimates are used in land use planning that involves
engineering considerations.
Depth to bedrock is given if bedrock is rithin a depth of 5 feet. Ihe depth is based on ruany soil borings and on
observations during soil mapping. Ihe rock is either "Soft" or "Hard". If the rock is "soft" or fractured, excavations
can be nade ttith trenching machines, backhoes, or smail rippers. If the rock is "Hard'or nassive, blasting or
special equipment generally is needed for excavation.
Cemented pans are cemented or indurated subsurface layers nithin a depth of 5 feet. Such pans cause difficulty in
excavation. Pans are classified as "Ihin" or "Ihick". A'Ihin" pan is iess than 3 inches thick if continuously
indurated or less than l8 inches thick if discontinuous or fractured. Excavations can be rade by trenching machines.
backhoes, or snall rippers. A "Ihick'pan is nore than 3 inches thick if continuously indurated or rnore than l8
inches thick if discontinuous or fractured. Such a pan is so thick or massive that blasting or special equipnent is
needed in excavation.
Subsidence is the settlement of organic soils or of saturated mineral soils of very lon density. Subsidence
results from either desiccation and shrinkage or oxidation of organic material, 0r both, folloring drainage.
Subsidence takes place gradually, usually over a period of several years. Ihis report shors the expected initial
subsidence, nhich usually is a result of drainage, and total subsidence, rhich usually is a result of oxidation. llot
shown in the report is subsidence caused by an imposed surface load or by the rithdraral of ground rater throughout
an extensive area as a result of lonering the rater table.
Potential frost action is the likelihood ol upnard or lateral expansion of the soil caused by the fornation of
segregated ice lenses (frost heave) and the subsequent collapse of the soil and loss of strength on tharing. Frost
action occurs nhen moisture moves into the freezing zone of the soil. Iemperature, texture, density, perneability,
content of organic matter, and depth to the rater table are the nost inportant factors considered in evaluating the
potential for frost action. It is assumed that the soil is not insulated by vegetation or snor and is not artificially
drained. Silty and highly structured clayey soils that have a high rater table in ninter are the rost susceptible to
frost action. l{ell drained. very gravelly,0r very sandy soiis are the least susceptible. Frost heave and lot soil
strength during thaxing cause danage mainly to pavenents and other rigid structures.
Risk of corrosion pertains to potential soil-induced alectrochemical or chenical action that dissolves or teakens
uncoated steel or concrete. Ihe rate of corrosion of uncoated steel is related to such factors as soil noisture,
particle-size distribution, acidity, and electrical conductivity of the soil. Ihe rate of corrosion of concrete
is based mainly on the sulfate and sodium content, texture, noisture content, and acidity of the soil. Speciai
site examination and design may be needed if the combination of factors meates a severe corrosion environment. Ihe steel
installations that intersect soil boundaries or soii iayers is nore susceptible to corrosion than steel in
installations that are entirely rithin one kind of soil or rithin one soil layer. tor uncoated steel. the risk of
corrosion, expressed as "Lor-, "['loderate", or "High", is based on soil drainage class, total acidity, electrical
resistivity near field capacity, and electricai conductivity of the saturation extract.
For eoncrete, the risk of corrosion is aiso expressed as "Lor", "lloderate", or "High". It is based on soil texture,
acidity, and amount of sulfates in the saturation extract.
U. S . DEPARIIIIIIT
SOIL CO}ISERVAII
OT AGRICULTURE
STRVICE o o PAGE I ()F 2
L2llles
( Ihe i nforrnatio
investigat
EUILDIllc SIiE OEVELOPIIEIII
8a ha rav
in this report indicates the dominant soil condition but does not elininate the need for onsite
on)
I'lap synbol
and soii name
33:
Ea rsma n---- -- -
Rock 0utcrop-
42:
F I uvaquents -
cE,
Gypsum Land-
Gypsiorthids-
Shal Ior
excava t i ons
Severe:
depth to rock,
slooe
Severe:
depth to rock.
slope
Seve re :
cutbanks cave,
re t ness
Seve re :
depth to rock,
slope
- | Severe:
dapth to rock,
slope
Drellings
ri thout
bas eme n ts
Severe:
s lope ,
depth to rock
Seve re :
slope,
depth to rock
Severe:
f l oodi ng,
ie InesS
Seve re
slope
Seve re
's I ope
Drellings
ri th
basemen ts
Severe:
depth to rock,
slope
Seve re :
depth to rock.
siooe
Seve re :
fiooding,
re t ness
Severe:
depth to rock,
slope
Seve re :
depth to rock,
slope
Snall
comne rc i al
buildings
Locai roads
and streets
Larns and
I andscapi ng
Sev e
slope
ockdepth to r
Seve re :
slope
Severe:
s iope ,
depth to rock
Seve re :
floodi ng,
netness
Severe:
siope
Seve re :
depth to rock,
slope
Seve re :
depth to rock,
slope
Seve re :
Hetness,
flooding,
frost action
Seve re :
s lope
Severe:
slope
Severe:
small stones,
large stones,
sl ope
Severe:
drough ty,
slope.
depth to rock
Severe:
ret ness
Severe:
excess salt,
droughty,
slope
Seve re :
slope,
depth to rock
_l
U.S. DEPARII{EI{I OT AGRICULIURE
SOIL COI{SERVAIIOl{ SER\/ICT
o o PA0E ? OI ?
t2l4le5
BUILOIilG SITE DEVELOPIIEI{T
Endnote -- BUILDIIiG SITE OEVEL()PI'IEI{i
Ihis report shons the degree and kind of soil Iimitations that affect shallon excavations, dreilings nith and rithout
basements, smali conmercial buiidings, Iocai roads and streets, and larns and landscaping, Ihe limitations are"SIight", "lloderate", or "Severe". Ihe limitations are considered "slight'if soil properties and site features are
generally favorable for the indicated use and limitaions are ninor and easily overcone; "lloderate'if soil properties
or site features are not favorable for the indicated use and special planning, design, or naintenance is needed to
overcome or ninimize the Iirnitations; and "severe" if soil properties or site features are so unfavorable or so
difficult to overcome that special design. significant increases in constructi0n costs, and possibly increased
maintenance are required. Special feasibility studies may be required nhere the soil linitations are severe.
SHAIL0l{ EXCAI,AIIOT'IS are trenches or holes dug to a maximum depth of 5 or 6 feet for basements, graves, utility lines,
open ditches. and other purposes. Ihe ratings are based on soil properties, site features, and observed perfornance of
the soils. Ihe ease of digging, filling, and compacting is affected by the depth to bedrock, a celented pan, 0r a vory
firm dense Iayer; stone content: soil texture; and slope. Ihe tine of the year that excavations can be made is
affected by the depth to a seasonal high nater table and the susceptibility of the soil to flooding. Ihe resistance of
the excavation xalls or bands to sloughing or caving is affected by soil tsxture and the depth to the water table.
DIELLIIIGS At{D S}'tALL C0}tfIERCIAL BUILDI|lGS are structures built on shallol foundations on undisturbed soil. Ihe load
limit is the same as that for single-family drrellings no higher than three stories. Ratings are oade for small
commercial buildings tithout basements, for drellings rith basements, and for dlellings rithout basements. Ihe ratings
are based on soil properties, site features, and observed performance of the soiis. A high rater table, depth to bedrock
or to a cemented pan, large stones, slope, and flooding affect the ease of excavation and construction. Landscaping
and grading that require cuts and fiils of more than 5 or 6 feet are not considered.
L0CAL R0ADS At{D SIREETS have an all-reather surface and carry automobile and light truck traffic all year. Ihey
have a subgrade of cut or fill soii material. a base of gravel. crushed rock, or stabilized soil material, and a
flexible or rigid surface. Cuts and fills are generally properties, site features, and observed performance of the
soils. Depth to bedrock or to a cemented pan, a high rater table, flooding, Iarge stones, and slope affect the ease of
excavating and grading. Soil strength (as inferred from the engineering classification of the soil), shrink-sreil
potential, frost action potenlial. and depth to a high water table affect the traffic-supporting capacity.
LAHi{S Al{D LAi{DSCAPIIIG require soils on rhich turf and ornanental trees and shrubs can be established and
maintained. Ihe ratings are based on soil properties. site features, and observed perfornance of the soils. Soil
reaction, a high naler table, depth to bedrock or to a cemented oan, the available rater capacity in the upper 40
inches, and the content of saits, sodium, and sulfidic materials affect plant grorth. Flooding, retness, slope.
stoniness, and the amount of sand, clay, or organic matter in the surface layer affect trafficability after vegetation
is established.
llap
Symbol
33
42
55
or'r0ilrEctlilr(rAL rol:;r#,rrroil REpoRT
Soil nane and description
Earsnan-Rock 0utcrop complex, l2 to 65 percent siopes
This map unit is on mountainsides and ridges. Ihis
unit is 45 percent Earsman very stony sandy loan and J5
percent Rock outmop. Earsman soils are on Iess steep
slopes, and the Rock outcrop portion is in steeper
convex areas throughout the complex.
Ihe Earsman soil is shallox and somenhat excessiveiy
drained. it forned in residuun and coiluvium derived
dominantly from redbed calcareous sandstone. Ihe
surface is covered nith 5 to l0 percent fiagstones.
Ihe surface layer is very stonv sandy loan 5 inches
thick. The underlying material is very channery sandy
loam. Depth to hard calcareous sandstone ranges from
l0 to 20 inches. Perareability is moderately rapid.
Available rater capacity is very lon. Effective
rooting depth is 10 to 20 inches. Runoff is sredium to
rapid, and the hazard of rater erosion is very high.
Rock outcrop is mainiy red sandstone
Fluvaquents,0 to 10 percent slopes
Ihis broadly defined unit consists of deep, sooerhat
pooriy drained soils on flood plains and alluvial
valley floors. Fluvaquents are stratified and vary
rideiy in texture and depth t0 sands, gravels and
cobbles. Ihe surface layer is loany sand to fine sandy
loan and siity loao to clay loan. Ihe underlying
layers are generaliy sandy ioan or loam stratified nith
sands. gravels, and cobbles. In some areas, gravels
and cobbles are on or near the surface. perneability
varies from rapid to moderately slox. Available rater
capacity above the xater table is very lot or lot.
Rooting depth is 50 inches or more for rater toierant
plants. Runoff is sion to medium. Erosion hazard is
slight to high. Ihe rater table fluctuates betneen
depths of 0,5 and 2 leet, during spring and sulmer.
Ihese soils are subject to brief, occasional flooding,
late in spring and early in sutnlner.
Gypsum Land-Gypsiorthids conpiex, l2 to 65 percent slopes
IIOllIECll}IICAL SOILS DES}IOll REPORI
Saharav
o
l,lap
Symbo I
Soil name and desmiption
Ihis map unit is on mountainside slopes, hills, and
dissected drainages. ihis unit occurs on hills and
canyon side slopes throughout the soii survey area.
Ihis unit is 65 percent Gypsun land and 20 percent
Gypsiorthid.
Gypsum land consists rnainly of exposed parent naterials
rith a very high gypsun content.
l{o profile lypifies Gypsiorthids, but one cormonly
observed is moderately deep and rell-drained. It
formed in residuum and colluvium derived doninantly
from mixed parent materials xith a very high gypsum
content. Ihe surface layer is fine sandy loanr 8 inches
thick. Ihe underlying material to a depth of 39 inches
is fine sandy loar. Soft gypsiferous shale is belor 39
inches. Permeabiiity is moderate. Available rater
capacity is moderate. Effective rooting depth is l0 to
40 inches. Runoff is rapid, and the hazard of later
erosion is very high.
U.S. DEPARIIIEIIT ()I AORICULIURE
SOIL COI{SERVAIIOI{ SERVICE
o o PAGE I 0t 3
t2lltes
COI{STRUCI IOt{ IIATERiALS
Eaha rav
(Ihe information in this report indicates the dominant soil condition but does not elininate the need for onsite
investigation)
l{ap symbol
and soil name
Roadfiil Sand G rave I Iopsoil
J3:
Ea rsman---------
Rock 0utmop---
Poor:
depth to rock.
slope
Poor:
depth to rock,
slope
Poor:
re tness
Poor:
depth to rock,
slooe
Poor:
depth to rock,
slope
Improbable:
thin Iaver
Iaprobable:
excess fines
Improbable:
excess fines
Inprobabie:
excess fines
Improbable Poor:
depth to rock,
small stones,
slope
Poor:
depth to rock,
slope
Poor:
too sandy,
smail stones,
area reclaim
Poor:
depth to rock.
slope
Poor:
depth to rock.
slope
_l
I
I
I
I
I
I
I
I thin layer
I
I
I
I
I
I
I Improbable:
I excess fines
I
I
I
I
I
I
I Probable
I
I
I
I
I
I
I
I
I
I
flnprobable:
I excess fines
I
I
I
I
llmprobabie:
I excess fines
I
I
I
I
42: i
tluvaquents----- |
EE.JJ.
Gvpsum Land-----
Gyps io r th i ds - ---
Proba bl e
U.S. DEPAftIIIENI OF AGRICULIURE
SOIL COIISERVATI()II SERVICE
o o PAGE 2 OF J
L2l4les
COt{SIRUCIIO}I IlAIERIALS
Endnote -- C0|ISIRUCII0t{ IIAIERIALS
This reoort gives information about lhe soils as a source of roadfill, sand, gravel, and topsoil. The soils are rated
"Good", "Fair", or "Poor" as a source of roadfili and topsoii. Ihey are rated as a'Probable'or "Iaprobable"
source of sand and gravel. Ihe ratings are based on soil properties and site features that affect the removai of the
soii and its use as construction material. llormai compaclion. minor processing, and other standard construction
practices are assumed. Each soil is evaluated to a depth of 5 or 5 feet.
Roadfiil is soii material that is excavated in one place and used in road embankments in another place. In this report.
the soiis are rated as a source of roadfill for lon embankments. generally less than 6 feet high and less
exacting in design than higher embanknents. Ihe ratings are for the soil naterial belon the surface Iayer to a
deplh of 5 or 6 feet. It is assumed that soil iayers nill be mixed during excavating and spreading. l{any soils have
layers of contrasting suitability xithin their profile. Ihe report entitled Engineering Index Properties is also available
and it provides detailed information about each soil layer. Ihis infornation can help determine the suitability of each
Iayer for use as roadfill. Ihe performance of soil after it is stabilized rith line or cenent is not considered in
the ratings.
Ihe ratings are based on soil properties. site features, and observed perfornance of the soils. Ihe thickness of
suitable naterial is a major consideration. The ease of excavation is affected by large stones, a high rater table,
and slope. Hon nell the soil performs in place after it has been compacted and drained is deternined by its strength (as
inferred fron the engineering classification of the soil) and shrink-suell potential.
Soils rated "Good'contain significant amounts of sand or gravel or both. Ihey have at least 5 feet of suitable
material, a iow shrink-snell potential, fert cobbles and stones, and slopes of 15 percent or less. 0epth to the
rater table is more than 3 feet
Soils rated "Fair" are nore than 35 percent silt- and clay-sized particles and have a plasticity of less than 10.
Ihey have a moderate shrink-snell potentiai, slopes of l5 to 25 percent, or many stones. Depth to the nater table is I
to 3 feet.
Soils rated "Poor" have a plasticity index of more than 10, a high shrink-snell potential. many stones, or slopes of
more than 25 percent. Ihey are ret, and the depth to the uater table is iess than I foot. Ihese soils may have
layers of suitable material. but the material is iess than 3 feet thick.
Sand and gravel are naturai aggregates suitable for commercial use rith a minimun of processing. Sand and
gravel are used in many kinds of construction. Specifications for each use vary ridely. In this report only
the probability of finding materiai in suitable quantity is evaiuated. Ihe suitability of the naterial for specific
purposes is not evaluated, nor are factors that affect excavation of the material. Ihe properties used to evaluate
the soil as a source of sand or gravel are gradation of grain sizes (as indicated by the engineering classification
of the soil), the thickness of suitable material, and the content of rock fragments. l(inds of rock, acidity, and
stratification are given in the soil series descriptions. Gradation of grain sizes is given in the Engineering Index
Properties report.
A soil rated as a "Probable" source has a layer of clean sand and gravel or a layer of sand or gravel lhat contains
up to 12 percent silty fines. Ihis material must be at least 3 feet thick and less than 50 percent, by neight. iarge
stones. Ali other soiis are rated as an "lmprobable" source. Coarse fragments of soft bedrock. such as shale and
siitstone. are not considered to be sand and gravei.
o oU,S. DEPARIIIEI{I OF AORICULIURE
SOIL COI{SERI,AIIOII STRVICE
PRGE
COIISIRUCIIOII I'IAIERIATS
Endnote -- C0NSIRUCTI0t{ }TAIERIALS--Continued
Iopsoil is used to cover an area so that vegetation can be established and maintained. Ihe upper 40 inches of a soil
is evaluated for use as topsoil. Also evaluated is the reclamation potential of the borron area. PIant gronth is
affected by toxic materiai and by such properties as soil reaction, available rater capacity, and fertility. Ihe ease
of excavating, loading, and spreading is affected by rock fragments, slope, a rater table, soil texture, and thickness
of suitable material. Reclamation of the borron area is affected by slope, a rater table, rock fragnents, bedrock,
and toxic material.
Soils rate "Good'have friable loamy material to a depth of at least 40 inches. Ihey are free of stones and cobbles,
have little or no gravel, and have slooes of iess than I percent. They are lor in content of soluble salts, are
naturally fertile or respond reil to fertilizer, and are not so ret that excavation is difficult.
Soils rated "Fair" are sandy soils, ioany soils that have a relatively high content of clay, soiis that have only 20
to 40 inches of suitable material, soils that have an appreciable alount of gravel, stones, or soluble salts, or
soiis that have slopes of 8 to 15 percent. ihe soils are not so ret that excavation is difficult.
Soiis rate "Poor" are very sandy or clayey, have less than ?0 inches of suitable material, have a large amount of
gravel, stones, or soluble saits, have slopes of more than 15 percent,0r have a seasonal rater table at or near the
surface. Ihe surface layer of most soils is generally preferred for topsoil because of it organic matter content.
0rganic matter greatly increases the absorption and retention of noisture and nutrients for plant grorth.
30F 3
t2l4le5
RJITTTI$o.3H35,5ffi [ JLr"F [fl+ Efi X,, o u *.',
B1U C6ntar:i!,tii $!rji1., l3!-i $lrrrrrrtan St. Donsr-r' Colc'r'rdo 8OiO3
(30s) 8663581
odws-es
APPLICANT
Lrc
.t ().16671 5E__-'-
-.: WD 38 DE$ BASTN MD
A?l :ry)v r=;!iil! g4SIlQN
riAf.l[,t-i,) f. '')i. l"lTY
WEI.L Pt:irMlr N
DIV :. CI.I iY
5v\ 1. '+
Twp 7S
5'/,/ \. i4 Ser.tion l1
RANGE 88 W 6th P.M.E\'A & DAt" BAfiAI{AV
CIO LEAVENWT)IiT}j & ASSOC
P O DRAWFR 2O3O
GLENWOOD SPGS CO 81602.
175
300
South
West
SF
Ft lront
Ft. frorn
Sectiorl Lirte
Seaion Line
1)
($)70)94s.?261
PERMTT TO CONSTHUCT A WEII
ISSUANCEoF.i}l|SpEtrjlMrTe,cEsl.loTOONFERAWATERnlGHT
qoirpllr"Sugff APPEp]/ld
TltisWeliSlali tre\.iS,..-l -i:ji., ll',a'',,31 dSlO:aJSelq'rt,r'€tia,il.liu'f *r;ti^r5irri\rvl,iC: ;igtlls' ThOiSSUanCeOf tlrc
perfitit cloo' n{)t i}9st1rrj 1l; ir!)f)1,(.j)r\i r.nal ri,-) irt!u''r' *ili .x'^':r'rr tr) a:lt;ltr.' vi'':;:+'J w'lttrl rtght or prgcludg anothgr
ownof Of a vefie[, w;tlc' Ii']iit !lc'l'i "ijt'!lrrtj r(;r'ol i'r 'i r"i CL':t:11 aulrr'r:
appf.Val ,Jl;l va,i.i,,: e i:.r; l:,rr- ,ljijirr'.t')<.l 1;Y r:'e' S'i ltt; [']''':f'J 'il L'rit't'i{rr';} 'jl\t'rtr;" rA'Oil COffStfUCllOn and PUmp
lnSiallati,:rr C'-,,tlra':1 :,1 S lrr iri'l ;-tr'iat"(' v'r'll. il .;g l3
Tne dartial rtie t,ti. \L-ll,r;'iri:. iS rgvut:;tli.r .ir,'t [tle pt:{llii'15 dl'['rl''t't.il i'"'ilrt;<ir lt tC IJRS 3/'90-137(2) On the
thg DiVtr;iOrr 5 Wai{,'ri t-ls:.,". ;r'1.'a'(l '''1 r';'('W:l/J :"il*-'w'rii 'S r)o! ('ru'ir'r'j(! i' ' tt"''l;ld;tilr:e wilh the t€'rmsof Said
clecree'rtwilltrcsutilc.:tl;-i.ir.jiti.t:t:,lciiiiJii'll::,.1'.Jl.l.1rr..Jt;t..,i'.jl]ii?.|S,J,jr','*r1ii|].!aldr
A1rprrrve,"l lotijce()l!il(t:!ti.']t',;rtilii :;ti,l:.li?i.,i'.,.8i'.,1r,11 rir.',d:laSa!jt/ll.iui...rrLol 2'tocatedi(lttteSW%o{theSW
lt ol seclicrr I i 1,fl1, ,', li';rlti, fli;r, tlr3 V\.1 'l ;-'li i] lJl :.-larlleic L:t.rri{)I}
and the itr.i;;r1rr,':r ..tl |..',,. ,,1-Ic ill.1l,: .i
'5ilr.] :t.rr.rsrg l1-,.i,r r';! ]awri5 .tl.l.i liili|,..trjilS
Tlrg maxilrrtl{'ri fliriltf)':rJ ',Jlr-; "1
ictl! r'l:t cri:eiid l5 GPM
Tlt€arrrtu,ri ;:il ,t(.,.it; L,i r-ii(t.r,,,-1 *cri11r !..,tlit *;i!fliijwrililali; i'('i ;r11 i'il:i'r ''il)::-Ji ufi{i
"rhg fgii.rfif l!,-rW ilu,rr, {!!U lfi-!r -:l tf ,E Wei'fl fJlrl l.ri !f ttr-:r.;g.31 ,;tiJirti-l'.Joi '/:J:16 /valO' dlsp0sai SyStg''n.Of th8 non"
gvapoiatt..,a ty1>o vrn*ro tir. rv,tlt)t i: rtlrrtrr"(J t,. tho l,irlit] 5il'edili tjyitem "' ./vtili:h tl-ra well is toc'ated'
2.)
3)
4\
5)
6)
B)
s)
EltgilUjer' i;).ri'| (r{ 1(t)St
10) TniS lr,,r]l! $hu,i L;e C')risifI ;"11'f i '' "it 'r tt)
11) Ttls u\Y'lei sll.ili rlt.rrk l-fli'v't'"' it t1 "')irsfri-Cii:ie rtl.rtrlt,':r(s; as dt-rpi()['"iir'iri ille r-'t'"
mzrrklrltls
,
- ,
,.r| eli..;i] it;,tr, fturit !l-;L lL" ili
r'..ir"lS l.)1a1.,1'.] v'ltil *r,.:ii l)e;li
r:,.ir 5; rrii t.lkr: llrJlOS(i'dtt
'}\ruf-! r r
rt'r; l'.i/i.:\.ill(r(j i,,,'l ii-ti5 permit
iir lr.r Yrtii-).(s) r'arne ot r-1rc aquife[, arld coult
t;,tlirfrfi i.ritd irracsLtliorls t0 preserve thes8
.-\ r:[,]PY
APPi.ioVED
JD2
.idro Eiglno4f
t.):1942f i4
gy
EXPIRATION DATE619Recaipt Ncr
A
D/rlE rss(jED JUN 1 0 JUil 1O
o
SAIIUELSON PUMP GO. INC.
o
P.O. BOX 297
GLENWOOD SPRINGS
coLoRADO 81602
WATER SYSTEMS
SALES, SEHVICE & INSTALLATION
945-6309
January 21, 1997
Dan Baharav
2368 County Rd.
Carbondale, Co.
112
81 623
Attn; Dan
On January 20r 1997 a well test was conducted on a wellon Lot 2 aL 2368 County Road 112. The forlowing information
was obtained;
Well Depth--- -------300'-0"Casing size (top)----------7"(steel)
Standing water l-evel--- -----234' -4"Total- test time--------------4 hrs.
Drawdown G 4 hrs 0 1 5 gpm---239'-3"
Production is greater than---1 5 gpm
This test was conducted with a 1 1 /2 Hp. Goul-ds submersibleModel 18E. This well has sufficient production to provide aresidence with water. rf you have any guestions please carl-
me Raun Samuelson at 945-6309.
Sincerely;
Raun Samuelson
g elton Drilling Corp.
P.O. Box 1059
Basalt, Colo. 81621
(e70) 9274182
Lic. # 1095
o
lnvoice # C-1015
Name :
clo :
Address :
City, St, Zip
Phone # :
Dan Ba harnv Date :
Permit#
Location
01t17t97
046671-F
CrystalSprino2368 Counlv 1'12
Carbondale Co. 81623
963-9659
Hole Size Depth Type Casing lD Casing OD From-To
9.0 24 Steel 6.5 7.0 a-24
6.5 300 PVC 5.0 5.0 6-300
Perforated Ft
Estimated :
Static Level :
Total Drilled
s0ft
10+ gpm230 ft
300 ft
*
Recommended Pump $t Depth 29A Ft. Pumping 10 GpM
For Pump lnstallation We Recommend : Aqua Tec Pump
Samuelson Pump
J&MPump Co
Special lnstructions :
984-0311 (Iom Platzer)
945-6309 (Raun Samuelson)
945-6159 (Rick Holub)
Price Per Foot : 290 Feet
Feet
23.00 Per Foot
Per Foot
6,670.00@
@
-$
=$
$
$
Total lnvoice.... $6,670.00
Conditions Of Payment oav $
1. * WE STRONGLY D PUMP
INSTALLER TO DETERMINE THE ACTUAL WELL PRODUCTION AND WATER QUALITY. THIS SHOULD
ESTABLISH THE ACTUAL WELL PRODUCTION PARAMETERS WHICH WE CANNOT DETERMINE WHILE
DRILLING.
2. On Monitoring/Observation Holes (test holes) it is the customer's responsibitity to obtain the properpermit before the well is put to beneficial use (within one year) or the State may rLquire the hole be plugged
and abandoned. We will be happy to assist you whenever possible in filling out tne appropriate weliapplication.
3. The landowner is ultimately responsible for the plugging and abandoning of dry holes or replaced we1s,according to State Rules and Regulations. Please contact us for details and/or prices.
1:=,4!L ![VolcEs DU=E,$9 . UNLESS PRIoR ARRANGE-uerurs RRe ruAoe. R t.sy, nRruouruc cgence peR ruoru
BILLING.
Please call us if you have any questions .
THANK YOU
o
I
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a
Dan and Eva Baharav
2368 Rd. 1r2
Carbondale, CO 8I623
January 24th, L997
Mark L. Bean, DirectorBuilding and Planning DepartmentGarfield County
Re: Road Maintenance and Repair Agreement
Approved subdivision exemption dated Feb. I6, 96
W€, Lhe undersigned, applicants for Subdivision Exemption,
known as the Baharav Subdivision, herewith agree to join with
the neighbors in the maintenance and repair of the road for Lhe
access easement to the proposed subdivided 1ot.
This agreement is in fulfillment of a condition for approval of
the above subdivision as stated in the approval leLter dated
Feb. 15th, 1996.
Signed:
Dan Baharav Eva Baharav
Zq'41 2..1 r q-?
o
o a
LEAVENWORTTI & ASSOCIATES, P.C.
ATTORNEYS ATLAW
May 20, 1996
IOI I CRAND AVENUE
P.O. DRAWER 2O3O
GLENWOOD SPRINCS, COLORADO 8I602
TELEPHONE: (97 O) 945 -2261
FAx: (970) 945-7336
,ffi e'r tyra
LOYAL E. LEAVENWORTH
CAROLYN M. STRAUTMAN
CYNTHIA C. TESTER
SHANEJ. HARVEY
DONALD H. HAMBI,'RG
Of Counsel
Dan and Eva Baharav
2368 County Road 112
Carbondale, CO 8L623
Re: Case No. 95CW273
Dear Dan and Eva:
Enclosed please find a copy of the Judgment and Decree in the above-referenced matter.
On May 13, 1996, the Water Judge signed the Ruling of the Referee making it the Judgment and
Decree- of the Court. The Decree was mailed to us on May 17, 1996. The Water Judge has
confirmed the water rights to the Baharav Well No. 1 in the amount of 15 g.p.m., conditional,
for domestic and irrigation purposes, and also approved the plan for augmentation as requested
in the application.
Please note tirat an Application for Finding of Reasonable Diligence is due to filed in
Mray 2002 in order to continue the conditional water rights awarded to the Baharav Well No.
1. We have calendared that date and will attempt to inform you of the pending diligence
deadline.
Also enclosed is a copy of a letter to the State Engineer's office, in which we are
requesting reconsideration of the well permit denial for the Baharav Well No. 1. Once a well
permit has been issued, we will forward it to you.
If you have any questions or concerns, please let me know.
Very truly yours,
LEAVENWORTH & ASSOCIATRS, P.C.
LEL:eg
Enclosure
Mark Bean w/enc.
BAIIARAV.3LT
Iravenworth
I ,?o o
DISTRICT COURT, WATER DTVISION NO. 5, COLORADO
Case No. 95CW273
RULING OF THE REFEREE
CONCERMNG THE APPLICATION FOR WATER RTGHTS OF:
DAN AND EVA BAHARAV, in Garfield Counry, Colorado
The above-entitled application was filed on December 14, L995. This matter was
referred to the Water Referee for Water Division No. 5, State of Colorado, by the Water Judge
of said Court in accordance with Article 92, Chapter 37, C.R.S. (1973), known as the Water
Rights Determination and Administration Act of 1969.
The undersigned Referee, having made such investigations as are necessary to determine
whether or not the itatements in the application are true, and having become fully advised with
respect to the subject matter in the appticatior, does hereby make the following determination
and Ruling as the Referee in this matter to'wit:
l. The statements in the application are true.
2. The name and address of the Applicant is Dan and Eva Baharav, 2368 County
Road 112, Carbondale, CO 81623.
3. Timely and adequate notice of the filing of this application was given as required
by law.
4. An Entry of Appearance was filed in this matter by Park Ditch and Reservoir
Company.
5. The Applicant iequests an underground water right rilore fully descibed as
follows:
A. Name of structure: Baharav Well No. 1.
B. I-egal description: The Baharav Well No. I is located in the Southwest 1/4 of the
Southwest t|q of Section 11, Township 7 South, Range 88 West of the 6th P.M.,
at a point 175 feetfrom the South section line and 300 feet from the West section
line of said Section 11.
F:\FILES\BAH.ARAV.3 RU
Ivtucb 26, f996
o
Case No. 95CW273
Ruling of the Referee
C Source: Groundwater tributary to Cattle Creek, tributary to the Roaring Fork
River.
D. Date of appropriation: December 11, 1995.
E. Amount claimed: 15 g.p.m., conditional.
F. Use: Domestic and irrigation.
6. The Applicant also requests approval of a plan for augmentation more fully
described as follows:
A. Name of structure to be augmented: Baharav Well No- 1.
Water rights to be used for augmentation:
Park Ditch and Reservoir Company. The Applicants are the owners of an option
to perpetualty lease of 0.1 acre foot of historic consumptive use decreed in Case
No. ZSCW097, Wat"r Division No. 5. The 0.1 acre foot of adjudicated historic
consumptive use is derived from water rights decreed to the Park Ditch and
Reservoir Company. The Park Ditch and Reservoir Company diverts water from
Cattle Creek under the following water rights:
TABLE I
Direct flow diversions under the shares in the Park Ditch and Reservoir Company
are supplemenM by releases from Consolidated Reservoir. This reservoir
operates under the following decreed priorities:
o
B.
F:\FILES\BAIIARAV.3 RU
Mrrct 26, 1996
PARK DITCH WATER RIGHTS
Ditch Decreed
A.mount
Prioriry No.Decreed
I-ocation
Sec. 7 T.7S.,
R.87W
Adjudication
Date
Appropriation
Date
c.A.
Park Ditch
Park Ditch
Park Dtch
Park Dilch
9.0
4.1
1.8
2.0
22tA
232
2211.
232
Nw/Sw/SE
Nrv/swsE
N\Y/Sw/SE
Nw/Sw/SE
6t26n913
6t9lL9L6
4^6n9t7
9t5tr9t8
9nul9u
7/Ln9t2
9naL9U
7111t912
t627
1821
rcn
t973
-2-
o o
Case No. 95CW273
Ruling of the Referee
F:\FILESTBAI{ARAV.3RU
tr,tu626, 1996
7
TABLE II
Historic use: The historic use associated with Applicants' 0.1 acre foot of
historic consumptive use was adjudicated and determined in Case No. 79CW097
in the Disfict Court in and for Water Division No. 5.
Ruedi Reservoir. By contract dated February 14, 1996, up !o 0.1acre-foot of
water has been secured by the Applicants from the Basalt Water Conservancy
District's water allotment contract with the Bureau of Reclamation for Ruedi
Reservoir Water. Ruedi Reservoir is an on-channel reservoir located in the
Northwest 114 of Northeast ll4 of Section 18, Township 8 South, Range 84 West
of the 6th P.M. Ruedi Reservoir was originally decreed for 140,69'1.3 acre-f*t
in Civil Action No. 4613, GarFreld Counry District Court on June 20, 1958, with
an appropriation date of luly 29, 1957, for hydro'electric power generation,
irrigation, municipal, domestic, industrial, piscatorial and stock watering uses.
Subsequently, in Case No. 'W-789-76,Water Division No. 5, the amount of water
decreed to Ruedi Reservoir was reduced from 140,697.3 acre-feet to 101,369
acre-feet.
Statement of plan for augmeniation, covering all applicable matters under C.R.S. 937-92-
103(9), -302(l)(2) and -305(8). Give tull details of plan, including a description of all
water rights to be established or changed by the plan.
Water will be diverted from the Baharav Well No. 1 under the water rights claimed
herein on a year round basis for domestic use for one (1) single family dwelling. During
the months of May through October, inclusive (the "irrigation season'), water will also
be diverted under these rights for irrigation of up to 1,500 square feet of lawns and
CONSOLIDATED RESERVOIR WATER RIG}IIS
Structure Decreed
Amount
Prioriry No.Decreed
Location
Sec. 19
T.6 S.
R87W.
Adjudication
Date
Appropriation
Date
C.A.
Con. Res.
Coo. Res.
Con. Res.
595.0 AF
285.6 AF
401.0 AF
8B
678
654
NE/NE
NE/NE
NE/NE
uL5^921
6/20/t958
ry5tL97L
9t8/t898
9/tl7948
9/Ut94E
2144
4613
5E84
--J-
o o
Case No. 95CW273
Ruling of the Referee
gardens. Depletions resulting from the exercise of these righs have been calculated and
summarized in Table Itr below:
TABLE III
IRRIGATION SEASON (May I througb October 31)
Structure
Domestic
In-House (AI)Irrigation (AI)Total (AF)
Baharav Well No.
I
0.03 066 096
NON-IRRIGATION SEASON (November I through April 30)
Stnrcture
Domestic
In-House (nP;Irrigatioo (AI)TouI (AF)
Baharav Well No.
1
.03 ola .03
During the irrigation season, water representing the 0.1 acre-foot of historic consumptive
use owned by the Applicants and decreed in Case No. 79CW097 will be delivered !o the
stream !o replace depletions resulting from diversions by the Baharav Well No. 1. Such
deliveries shall be acmmplished in accordance with the terms of the decree in Case No.
79CWW7. During the months of November through April, inciusive, (the 'non-
irrigation seasoni), .03 acre-feet, plus an additional5 percent to cover transit losses, will
be released from Ruedi Reservoir pursuant to a contract between the Applicants and the
Basalt Water Conservancy District, to replace the out-of-prioriry stream depletions
resulting from diversions by Baharav Well No. 1.
8. The Referee does therefore conclude that the underground water right requesM
for the Baharav Well No. 1, as more fuily set forth in Paragraph 5, above, is hereby granted
and 15 g.p.m. of water with an appropriation date of December 11, 1995, is hereby awarded
conditionally for domestic and irrigation pu{poses, provided always that said 15 g.p.m. is
awarded on the condition that said quantity of water be diverted and applied to beneficial use
'u/ithin a reasonable time; SUBIECT, HOWEVER, TO ALL EARLIER PRIORITY RIGI{TS OF
OTIIERS and to the integration and tabulation by the Division Engineer of such priorities and
changes or rights in accordance with law.
An Application for Finding of Reasonabie Diiigence shail be filed in the same month as
F:\FILES\BAHARAV.3RU
Ivhrct 26, 1996 -4-
o o
Case No. 95CW273
Ruling of the Referee
the decree herein is entered every six years after the entry of the decree herein so long as the
Applicant desires to maintain the conditional water rights herein awarded, or until a
determination has been made that such condilional rights are made absolute by reason of the
completion of the appropriation, or are otherwise disposed of.
9. The Referee does further conclude that the application for plan for augmentation
contained herein is hereby approved.
10. The proposed plan for augmentation meets the statutory criteria for a plan for
augmentation set forth in C.R.S. fi37-92-103(9), -302(1)(2), and -305(8), as one contemplated
by law and, if operated in accordance with the terms and conditions of this Ruling, the use of
water from the Baharav Well No. i set forth and augmented herein will not injuriousiy affect
the owner of or persons entitled to use water under a vested water right or decreed conditional
water right.
11. To the extent that exercise of the rights sought herein depend upon Ruedi
Reservoir, Park Ditch and Consolidated Reservoir as sources of augmentation water, such righs
shall not be exercised should Ruedi Reservoir, Park Ditch and Consolidated Reservoir water or
an acceptable alternate sour@ not be available for Applicant's use.
L2. The Applicant or owner of the water rights and plan for augmentation decreed
herein shall be required to renew its contract with the Basalt Water Conservancy District for
water from Ruedi Reservoir as set iorth above anci to provicie proof oi such renewals io the
Division Engineer, if request is made, for every year in which Applicant intends to divert water
pursuant to this plan for augmentation. Applicant shall have a fully executed contract with the
Basalt Water Conservancy District for the use of Ruedi Reservoir water prior to the
implementation of those portions of the augmentation plan which require the use of such water.
13. The Applicant or owner of the water rights and plan for augmentation decreed
herein shall be required to maintain its lease with the Carbondale I:nd Development Corporation
for water from the Park Ditch and Reservoir Company as set forth above and to provide proof
of such renewals to the Division Engineer, if request is made, for every year in which the
Applicant intends to divert water pursuant to this plan for augmentation. Applicant shall have
a fully executed lease with the Carbondale knd Development Corporation for the use of Park
Ditch and Consolidated Reservoir water prior to the implementation of those portions of the
augmentation plan which require the use of such water.
14. The Applicant shall by deed restriction at lhe time of conveyance of the properry
to be served by the water rights and plan for augmentation decreed herein restrict the use of
F:\EILES\BAIIARAV.3 RU
I\.I!rch 26, 1996 -5-
o o
Case No. 95CW273
Ruling of the Referee
water on.said property to domestic use for one single-family dwelling and no more than 1,500
squulre feet of lawn and garden irrigation.
15. The Applicant or owner of the water rights shall install measuring devices which
are reasonable, necessary, appropriate and required by the Division Engineer to administer these
water rights and plan for augmentation.
16. The Applicant filed on December 18, 1995, an application with the State Engineer
for a well permit for the Baharav Well, more fully described above. That application was
denied. The State Engineer shall issue a well permit pursuant to this decree.
L7. Pursuant to C.R.S. 537-92-305(8), the State and Division Engineers shall curtail
all out-of-priority diversions under this augmentation plan, the depletions from which are not
replaced so as to prevent injury to vested water rights.
18. It is ORDERED that this Ruling shall be filed with the Water Clerk subject to
judicial review.
19. It is turther ORDERED
Division Engineer and State Engineer.
that this Ruling shall be filed with the appropriate
1/-r
Dated nis 12 day
BY
Water Referee
Water Division No. 5
State of Colorado
Copy ol the to rH
Gounsel of
Refcree,--Div.nd
.'&"cer-Date
l.''''
D.Frly
, 1996.
6
F:\FIL,IES\BAIIARAV.3RU
IhrEt 26, 1996 -G
o
Case No. 95CW273
Ruling of the Referee
No protest was f,led to this Ruling of the Referee. The foregoing Ruling is confirmed
and approved and is made the Judgment and Decree of this Court; subject, however, to
reconsideration on the issue of injury to vested water rights for a period of z years, which
the Court finds reasonable given the source of augmentation water. The month and year for
filing an Application for Finding of Reasonable Diligence shall be MAY ,2N2.
Dated this 76Qday of %- ,1996.
JUDGE
Copy of the foregotng in lLd to d
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lhrEt 26, f996
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LEAVENWORTH & ASSOCTATES, P.C.
ATI1ORNEYS AT LAW
February 15, L996
un#rtrl.$ tllr.ssrY
IOII GRAND AVENUE
P.O. DRAWER.2030 - .,. a...{f.
GLET.IWOOD SPRINGS, COLOR,ADO S I 602
TELEPHoNE: (97 0) 9 45 -226 I
FAX: (970) 945-7336
a fl !tytu
LOYAL E. LEAVENWORTH
CAROLYN M. STR.AUTMAN
CYNTHIA C. TESTER.
DONALDH. HAMBUR.G
Of Counsel
Mr. Mark Bean
Garfield County Planner
f09 Eighth Street
Glenwood Springs, CO 81601
Re: BaharavSubdivisionExemptionApplication
Dear Mark:
Enclosed please find a copy of the Water Allotment Contract between Dan and Eva
Baharav and the Basalt Water Conservancy District. This contract was approved by the Boardof Directors of the District on fanuary 8, 1996. Please place tfris contract in Baharav's
subdivision exemption application previously submitted to th; county.
Very truly yours,
LEAVENWORTH & ASSOCIATES, P.C.
I-eavenworth
LEL:eg
Enclosures
cc: Dan and Eva Baharav
BEAN.3LT
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BASALT WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
Pursuant to C.R.S. 1973,37-45-l3L
Eva Baharav and Dan Baharav (hereinafter collectively "Applicant") have applied to the
Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State
of Colorado, organized pursuant to and existing by virnre of Colorado Revised Statutes, 1973,
37 -45-101, et seq. , for an allotment Contract for beneficial use of water rights owned, leased,
or hereafter acqulrea by the District. By execution of this Contract, Applicant agrees to the
following terms and conditions:
1. OUANTITY: In consideration of the covenants and conditions herein contained,
Applicant shall be entitled to receive and apply to beneficial use 0.033 cubic foot of water per
second from the District's direct flow rights and 0.1 acre foot per year of storage water owned
or controlled by the District.
2.water rights allotted pursuant to this
Contract shall be from the District 's water rights decreed to the Basalt Conduit, Landis Canal,
Stockman's Ditch Extension, or other decrees or water rights hereafter acquired by the District,
including the District'S contractual right to receive Storage water from Ruedi Reservoir.The
District shall have the right to designate the water right or Decree of the District from which the
Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water
rights shall be subject to any and all terms and conditions imposed by the Water Court on the
use of the District's said rights. Exchange releases made from the District's storage rights in
Ruedi Reservoir or other works and facilities of the District shall be delivered to the Applicant
at the outlet works of said storage facility and release of water at such outlet works shall
constitute fu1l performance of the District's delivery obligation. Delivery of water from the
District's storage rights in Ruedi Reservoir shall be subject to the District's lease contract with
the United States Bureau of Rec lamation and any rules and regulations promulgated pursuant
thereto
J.ON Applicant will use the waters herein
granted for beneficial purposes limited to the augmenta tion of existing and future wells and other
water sources, within or through facilities or upon lands owned, operated, or served bY
Applicant,which lands are described on Exhibit "A" attached hereto;provided that the location
and purpose of APPlicant's use of said water shall be legally recognized and permitted by the
applicable governmental authority having jurisdiction over the property served. Applicant's
contemplated usage for the water allotted hereunder is for the following use or uses:
X Domestic/Municipal
-Industrial/Commercial -AgriculturalOther
Applicant acknowledges that usage of the District's water rights as herein contemplated
shall be in lieu of or suppleriental to e.ppti.unt obtaining or adjudicating, on its own, the right
to use certain waters. if is actnowledged that certain locations within the District may not be
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susceptible to service solely by the District's water rights allotted hereunder or the District's said
wateirights may not satisfy Applicant's needs and purposes. To the extent that service cannot
be achieved by use of the District's allotted water rights, or in the event said service is
inadequate, Applicant may, utilize such other water rights, by way of supplementing the
District's *rt.. rigttr, o, oth..*ise, as is necessary to assure water service sufficiently reliable
for Applicant's intended purpose or purposes. All lands, facilities and areas served by water
rights ittott.o hereunderutrutt u" situated within the boundaries of the District. The District
reserves the exclusive right to review and approve any conditions which may be attached to
judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant
"ugr.., to O.f.uy any oui-ot-pocket expenses incurred by the District in connection with the allot-
nient of watei rights hereunder, including, but not limited to, reimbursement of legal and
engineering costs-incurred in connection with any water rights adjudication necessary to allow
Applicant'i use of such allotted water rights; provided, however, in the event any such
ao]uaication involves more of the Districtls water rights than are allotted pursuant to this
C|ntract, Applicant shall bear only a pro-rata portion of such expenses. Applicant shall be
solely ,"rporriibt" for providing worksind facilities, if any, necessary to utilize the District's
water rights allotted hereunder for Applicant's beneficial use.
Water service provided by the District shall be limited to the amount of water available
in priority at the original point of diversion of the District's applicable water right and neither
ttre Oistrict, nor thoJe 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 State Engineer
to estimate uny .orr.yance losses between the original point and any alternate point and such
estimate shall be deducted from this amount in each case. The District, or anyone using the
District's decrees, may call on any additional sources of supply that may be available at an
alternate point of diversion, but not at the original point of diversion, only as against water
rights which are junior to the date of application for the alternate point of diversion.
In the event the Applicant intends to develop an augmentation plan and institute legal
proceedings for the uppro*t of such augmentation plan to allow the Applicant to utilize the
iater allotted to Applicant hereunder, the Applicant shall give the District written notice of such
intent. In the .r.ri the Applicant develops-and adjudicates an augmentation plan to utilize the
water allotted hereunder, Applicant shail not be obligated to bear or defray any legal or
engineering expense of the oiitrict incurred by the District for the purpose of developing and
aaluOicatirg u ptun of augmentation for the District. In any event, the District shall have the
rilnt to upprou. the Applicant's augmentation plan and the Applicant shall provide the District
"o-pi",
of iuctr ptan anO of all pleidings and other papers filed with the Water Court in the
adjudication thereof.
4. PAYMENT: Applicant shall pay annually for the water service described herein
at a price to be ti*.d *rr,ratty Uy the Board of Directors of the District for such service'
payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a
,roii.. from the District that the payment is due. Said notice will advise the Applicant, among
other things, of the water delivery year to which the payment shalt apply and the price which
is applicable to that year. If a payment is not made by the due date, written notice thereof will
te sent by the District to the Applicant at Applicant's address set forth below. If payment is not
2ElmBwOrIJ|&SAUA@N
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made within thirty (30) days after said written notice, the District may, at its option, elect to
terminate all of the Applicant's right, title, or interest under this Contract, in which event the
water right allotted heieund"r -uy-b. transferred, leased or otherwise disposed of by the District
at the discretion of its Board of Directors.
In the event water deliveries hereunder are made by or pursuant to agreement with some
other person, co{poration, quasi-municipal entity, or governmental entity, and in the event the
Applicant fails to make payments as required hereunder, the District may, at its sole option and
request, authorize said peison or entity to curtail the Applicant's water service pursuant to this
Coirtract, and in such event neither the District nor such persons or entity shall be liable for such
curtailment.
5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this
contract is valid uno in tor.., epplicant will budget and appropriate from such sources of
revenues as may be legally avaitaUti to the Applicant the funds necessary to make the annual
payments in advance of water delivery pursuant to this Contract. The Applicant will hold
harmless the District and any person oi.rtity involved in the delivery of water pursuant to this
Contract, for discontinuance in service due to the failure of Applicant to maintain the payments
herein required on a current basis.
The water right allotted hereunder shall be
beneficially used for the purposes and in the manner specified herein and this Contract is for the
exclusive benefit of the Applicant and shall not inure to the benefit of any successor, asslgn, or
lessee of said Applicant without the prior written approval of the Board of Directors of the
District.
In the event the water right allotted hereunder is to be used for the benefit of land which
is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest
by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the
Applicant;s rights hereunder only to a homeowners association, water district, water and
sanitation district or other special district properly organized and existing under and by virnre
of the laws of the State of Colorado uno ihen only if such association or special district
establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and
authority to assure its performance of the Applicant's obligations under this Contract. In no
event shall the owner of a portion, but less than all, of the Applicant's property to be served
under this Contract, have any rights hereunder, except as such rights may exist through a
homeowners association or ipeciat district as above provided. Any assignment of the
Applicant's rights under this Contract shall be subject to and must comply with such
,eq,rire*ent, ui th. District may hereafter adopt regarding assignment of Contract rights and the
asslumption of Contract obligations by assignees and successors, provided that such requirements
shall uniformty apply to all allottees receiving District service. The restrictions on assignment
as herein contained ihall not preclude the District from holding the Applicant, or any successor
to the Applicant, responsible for the performance of all or any part of the Applicant's covenants
and agreements herein contained.
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7. OTHER RULES: Applicant's rights under this Contract shall be subject to the
Water Service Plan as adopted bV th. District and amended from time to time; provided that
such Water Service Plan shall apply uniformly throughout the District among water users
receiving the same service frorn th. District. Applicant shall also be bound by the provisions
of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board
of Directors of the Distritt, the plumbing advisory, water conservation, and staged curtailment
regulations, if any, applicable wittrin the County in which the water allotted hereunder is to be
urid, tog.ther with all amendments of and supplements to any of the foregoing.
g. CURTAILMENT OF USE: The water service provided hereunder is expressly
subject to the pr*irionr of that certain Stipulation in Case No. 80 CW 253 on file in the District
Court in Warc} Division 5 of the State of Colorado, which Stipulation provides, in part, for the
possible curtailment of out-of-house municipal and domestic water demands upon the occurrence
of certain events and upon the District giving notice of such curtailment, all as more fully set
forth in said Stipulation.
: Applicant shall enter into
hen the Board of Directors
9
an "Operation and Maintenance Agreement" with the District if and w
finds and determines that such an agreement is required bY reason of additional or sPecial
services requested by the Applicant and provided by the District or by reason of the delivery or
use of water by the Applicant for more than one of the classes of service which are defined in
the Rules and Regulations of the Board of Directors of said District. Said agreement may
contain, but not be limited to, provision for water delivery at times or by means not provided
within the terms of standard allotment contracts of the District and additional annual monetary
consideration for extension
maintenance costs, or for
available to the Applicant.
of District services and for additional administration, operation and
other costs to the District which may arise through services made
10. CHANGE OF USE: The District reserves the exclusive right to review and
approve or Oir.pp.o* *y p.op*id rhung. in use of the water right 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.
11. PRIOR RESOLUTION: The water service provided hereunder is expressly
subject to that ...tui, R.rolution passed by the Board of Directors of the District on September
25, lg7g, and all amendments thereto, as the same exists upon the date of this application and
allotment Contract.
LZ. NO FEE TITLE: It is understood and agreed that nothing herein shall give the
Applicant any equitable or legal fee title interest or ownership in or to any of the water or water
.i!t ts of tne Oistrict, but that Applicant is entitled to the right to use the water right allotted
heieunder, subject to the limitations, obligations and conditions of this Contract'
13. CONSERVATION PRACTICES: Applicant shall implement and use commonly
accepted "orr"*utiott pru"ti..s with respect to the water and water rights allotted hereunder and
4
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shall be bound by any conservation plan hereafter adopted by the District, as the same may be
amended from time to time
APPLICANT:
Dan Baharav
Eva Baharav
Applicants' Address:
2368 County Road 112
Carbondale, CO 81601
STATE OF COLORADO
ss
COUNTY OF
Subscribed and sworn to before me this 14 day of
by Dan Baharav and Eva Baharav.
Ltt rt-.a-t-tssk
WITNESS my hand and official seal
My commission expires:
€La.-
Notary Public
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ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT
BAHARAV
CONTRACT NO. 264
Application having been made by or on behalf of Eva Baharav and Dan Baharav and
hearing on said Application having been duly held, it is hereby ordered that said Application be
grantel and that the attached Water Allotment Contract for 0.033 cubic feet of water per second
from the District's direct flow rights and 0. 1 acre feet of water per year of storage water owned
or controlled by the District is hereby approved and executed by and on behalf of the Basalt
Water Conservancy District, for the beneficial use of the water allotted in the attached Contract,
upon the terms, conditions and manner of payment as therein specified and subject to the
following specific conditions:
1. Any allotment of less than 1.0 acre foot of storage water in Paragraph 1 of the
attached Contract shall be deemed 1.0 acre foot for purposes of establishing the annual water
service charge for such water allotment.
Z. Applicant has represented to the District that the proposed use of the land to be
benefitted by the water allotted hereunder has been approved by the applicable governmental
authorities having jurisdiction over such land use and by executing the attached water allotment
contract warrants to the District that the lot or parcel to be benefitted hereunder is legally
subdivided.
3. The Applicant has acknowledged that the land to be benefitted by the water
allotted hereunder is l,ocated within the District's service Area B and the Applicant is aware that
the District,s temporary water supply plan approved by the State Engineer is confined to District
service Area A. Accordingty, the District's sole obligation under this Contract shall be to
release the water allotted hereunder as the outlet works of Ruedi Reservoir. Granting of this
Allotment Contract does not constitute the District's representation that the Applicant will
receive a well permit or water rights decree for the land to be benefitted hereby.
4. This Contract is conditioned upon and water may be delivered hereunder only in
conformity with a water rights plan of augmentation decreed by the Water Court of Water
Division No. 5 in Case No. 95CW273. Any and all conditions imposed upon the release and
diversion of the water allotted hereunder in the decree of said Water Court shall be incorporated
herein as a condition of approval of this Contract. Granting of this Allotment Contract does not
constitute the District's iepresentation that the Applicant will receive a well permit or water
rights decree for the land to be benefitted hereby.
5. If Applicant intends to divert water through a well or wells, Applicant shall
provide the District'a copy of Applicant's valid well permit for each such well before the District
is obligated to deliver water for the benefit of Applicant hereunder.
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6 The Applicant has acknowledged that the land to be benefitted by the attached
Contract is described on Exhibit "A" attached hereto and incorporated herein by this reference.
Approved this day of lLn,,,,-,r.u,,t996 .
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Attest:
By
Barbara Mick - Secretary
BASALT WATER CONSERVANCY DISTRICT
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BASALT WATER CONSERVANCY DISTRICT
IMPORTANT
lf you divert water from a groundwater source
(well) you must provide the District with a copy
of a valid wel! permit from the State Engineer'soffice Without evidence of a permit, the
District can ngt request release of water from
Ruedi Reservoir for your benefit,
When a valid permit is obtained, please provide
the District with a copy. Remember, if we do
not have evidence of a valid permit, your
structure will be considered "inactive" and
water can not be released for your benefit.
Send Permit lnformation to:
Resource Engineering, lnc,
909 Colorado Avenue
Glenwood Springs, Colorado 81 601
Ouestions:
Scott Fifer, Resource Engineering, lnc.
(303)945-6777
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FEB E8 '96 1E:52 FR
TO:
TD 19?8945??85 F. E1oo
o, lA I-izabeth R. Beennan
8os8 E. Philtips Cr.
Englewood. CO EOltz
(303) 771-0242
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DATE; February B, 1996
FROM
The Board of County Commissioners
Gadeld County
Glenwood Springs, CO
Lizabeth R. Beerman
RE Exemption hearing 2PM February IZ, 1996
In the mstter of Eva and Dan Baharan requesting a division of property from12'83 to two pzu-cels of 2,60 and 10.23 acres located near cattlc Cieek, Road 112
I object, as owner of record, of the adjacent I 5 acres, to the request for clivision of the Baharanproperl'y' As the original owner of their property, my husband and L,r.r" sub.ject to. andfollowed the law regarding property divisions as defined bv the ,,35 ame,, law.
We originally divided_ 50 acres into 3 parcels with an adequate weII and 3 fljr homesitcs, eachwith privacy and a 1/3 share of the weil. Jo diyidg these parcels again would diminish propenyt'alue, privacy' rvater and abovc atl, the quality of life that people seek in that area.
I strongly object to this division as I betieve that, regardless ol'whether the Baharan,s request andare granted a well permit for the 2.60 parcel, the impact of clearing, buildin!, tranic. noise andwater usage on the present table, would severely impabt not only the people who presently livc onthE land, but wildlife, flora and eventually the total quality of the area as well,
Please be aware as well that if one P€rson is allowed a parcel as sma[ as 2.6 acres, others will askas well' Please don't open that door, Tlie single greatest asset wE have ,,up Cattle creck,, is thequiet, privacy and land- To begin the division pro.-.** would be terribly detrimental.
Thank you for the time you took ro review my protest.
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