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Home My WebLink About1.0 Application• • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Section 1.02.17 (d) and 3.02.01 the under- signed respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by resolution the division of %U acre tract of land into tracts of approximately 7%7" /d j v. Q acres each, more or less, and which tract to be subdivided is more particularly described as follows: (legal description - attach separate sheet if additional space is required) 7 __, /.7 4 c /if from the definitions of "subdivision" and "subdivision land" as the terms are used and defined in C.R.S.(1973) Section 30-28-101 (a) - (d) and the Garfield County Subdivision Regulations, for the reasons stated below: In support of this petition the petitioner also submits the following: (a) Map drawn to scale showing proposed lot subdivision and access. (b) Vicinity Map. (c) Statement on source of domestic water. -4--"A44444.-irrnFtA (d) Statement on method of sewaae disposal. (e) 100 year floodplain information where live stream crosses or adjoins said tract. (f) Fee in the amount of $ QD Submitted at Glenwood Springs, Colorado, this /0 day of , 19? 'etitioner / 23/y 3 2 y Mailing Address -- z r y elephone Number INmountain eltneering & Ianc1 rurtking co. k p.o. box 14 gypsum, colorado 81637 524-9414 945-8356 408 S. Hyland Square, Suite A-1 Glenwood Springs, Colorado 81601 945-2045 LEGAL DESCRIPTION Pat McGehee Parcel A A parcel of land located in the East 1/2 Southwest 1/4, Section 15, Township 7 South, Range 92 West of the 6th Principal Meridian. Said parcel being more specifically described as follows: Beginning at the Southeast corner of said parcel, whence the South 1/4 corner of Section 15 of said Township and Range bears South 42°50'37" East, 1080.96 feet; thence South 88° 59'53" West, 540.70 feet to a point on the apparent easterly right-of-way of County Road No. 331, thence North 00°36'11" East, 1001.17 feet along the easterly right-of-way of County Road No. 331 to a point of intersection with the southerly right-of-way of County Road No. 334, thence South 54°40'42" East, 609.58 feet, thence 48.22 feet along'the arc of a curve to the right having a radius of 3648.80 feet, central angle of 00°45'25" and a chord bearing of South 54°17'59" East, 48.20 feet, thence South 00°36'11" West, 611.13 feet to the place of beginning. Said parcel contains 10.005 acres, more or less. II\ mountain ereineering & IancJ furvAing co. s p.o. box 14 gypsum, colorado 81637 524-9414 945-8356 406 S. Hyland Square, Suite A-1 Glenwood Springs, Colorado 81601 945-2045 LEGAL DESCRIPTION Pat McGehee Parcel B A parcel of land located in the East 1/2 Southwest 1/4, Section 15, Township 7 South, Range 92 West of the 6th Principal Meridian, Said parcel being more specifically described as follows: Beginning at the Northeast corner of said parcel, also being the Southeast corner of Parcel A, whence the South 1/4 corner of said Section 15, bears South 42°50'37" East 1080.96 feet, thence South 00°36'11" West 805.62 feet to a point on the South boundary of said Section 15, thence South 88°59'53" West, 540.70 feet along the South boundary of said Section 15 to a point on the apparent easterly right-of-way of County Road No. 331, thence North 00°36'11" East, 805.62 feet, along the easterly right-of-way of said County Road No. 331, thence North 88°59'53" East, 540.70 feet to the place of beginning. Said parcel contains 9.996 acres, more or less. mountain Agineering & Ianc1 furtfing co. p.o. box 14 gypsum, colorado 81637 524-9414 945-8356 408 S. Hyland Square, Suite A-1 Glenwood Springs, Colorado 81601 945-2045 LEGAL DESCRIPTION Pat McGehee Parcel C A parcel of land located in the East 1/2 Southwest 1/4, Section 15, Township 7 South, Range 92 West of the 6th Principal Meridian. Said parcel being more specifically described as follows: Beginning at the Southeast corner of said Parcel "C" also being the South 1/4 corner of said Section 15, thence South 88°59'53" West, 743.64 feet to the Southwest corner of said Parcel "C" also being the Southeast corner of Parcel "B", thence North 00°36'11" East, 1416.75 feet to a point on the apparent southerly right-of-way of County Road No. 334, thence along the southerly right-of-way of County Road No. 334, 352.49 feet along the arc of a curve to the right having a radius of 3648.80 feet, central angle of 05°32'07" and a chord bearing of South 51°09'14" East a distance of 352.37 feet, thence South 48°23'10" East, 630.24 feet along the southerly right -of -war of County Road No. 334, thence South 01°17'15" West, 764.50 feet to the place of beginning. Said parcel contains 18.899 acres, more or less. TO BE ATTACHED TO AND BIOME A PART OF RECEIPT AND OPTI•CONTRACT (RESIDENTIAL) .DATED FEBRUARY 20, 1979, BETWEEN MARY ALICE KERR, AS SELLER, AND THOMAS J. O'BRIEN, BUYER. EXHIBIT "A" • A tract of land situated in the EkSW'3, Section 15, Township 7 South, Range 92 West of the 6th P.M., described as follows: All that part of the E1/2SW3 of said Section 15, lying Southwesterly of the Southwesterly right-of-way line of a road as constructed and in use on December 10, 1973, over and across said E'SW'k. Said road extends in a Southeasterly direction from the West line of said E'SW'k. Together with two (2) shares of capital stock in Divide Creek Ditch Company. Together with the right to use for domestic purposes two (2) gallons per minute of the flow of the "Terrell -O'Connell Spring and Pipeline", on an equal priority basis with the Eastertide Ranch. The measured flow of said pipeline is ten (10) gallons per minute and the parties shall share pro rata .2 and .8 of existing flow with second parties' share not to exceed, however, at any time the amount of two (2) gallons per minute. This property is subject to an easement for the Terrell -O'Connell Pipeline as above described, as existing and in place. Highlinc RICHARD D. LAMM Governor • 1.4 DIVISION OF WATER RESOURCES7979 <<� Department of Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 June 5, 1979 Mr. Ray Baldwin, Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Re: O'Brien Exemption Dear Mr. Baldwin: C.J. KUIPER State Engineer We have reviewed the above referenced application for exemption. The wells proposed as the water supply would intercept ground water which is tributary to Dry Hallow Creek, an over -appropriated stream. Since new wells would cause injury to senior vested water rights, well permits cannot be issued by this office and we cannot recommend approval of the O'Brien Exemption. Very truly yours, IQ Hal D. Simpson, Chief Water Management Branch For: Dr. Jeris A. Danielson Deputy State Engineer HDS/GDV: mvf cc: Lee Enewold, Div. Eng. Ralph Stallman ,-5-Rev. 76 COLO O DIVISION OF WATER RESOUR 818 Centenn Bldg., 1313 Sherman St., Denver, Colorado 203 RECEIVED JUL 03 1975 PERMIT APPLICATION FORM NAZIApplication must be complete where PVA PERMIT TO USE GROUND WATER applicable. Type or PA PERMIT TO CONSTRUCT A WELL print in BLACK FOR: 4> Zj A PERMIT TO INSTALL A PUMP INK. No overstrikes or erasures unless '.REPLACEMENT FOR NO 76 `/ c? initialed. ( ) OTHER WATER COURT CASE NO (1 7,1' (1) APPLICANT - mailing address NAME a— ad STREET • Q v. r CITY Tt (State) TELEPHONE NO ef27 (Zip) 303- P26- '-"i (2) LOCATION OF PROPOSED WELL County /, Y. of the kt) Y., Section Twp. 7 s..�. Rng- 9 c I) , --e`' P.M. IN,S) (E,WI (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet)• %J p 1 Number of acres to be irrigated: Proposed total depth (feet): ,TO Aquifer ground water is to be obtained from: Owner's well designation GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) i>4,DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name fes / C e -L tr r Street City (State) (Zip) Telephone No. Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No J Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of 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. APPROVE1ii AS A REPLACEMENT OE WELL NO 76 `/8; THE EXISTTNG WEL.0 MUST BEPLUGGED AND ABANDONED ACCORDING TO THE REVISED AND AMENDED RULES AND REGULATIONS FOR WATER WELLAND PUMP INSTALLATION CONTRACTORS. THE ENCLOSED AFFIDAVIT MUST BE SUBMITTED WITHIN SIXTY (60) DAYS AFTER THE CONSTRUCTION OF THE NEW WELL, AFFIRMING THAT WELL NO. 745/g:Z WAS PLUGGED AND ABANDONED, , APPLICATION APPROVED PERMIT NUMBER DATE ISSUED 7‘ z/e2 -9 JU( 271979 EXPIRATION JUL 21 341 • ;ten I ER) BY ‘zt,irl.,1" I D Vo COUNTY _23 ri- ) THE LOCATION OF THE PRO ED WELL and the area on which the water will be used must be Indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + -- --1- --±' — ± • — -I- — -I- — --f- — --E- — --E- I NORTH -1- 4- 4- - f - -E-- - - H- - -+- I 1 MILE, 5280 FEET)rl The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE ST BE LOCATED BEI.' by distan VOLes from section lines. %-rO''"^ ci) ft. from o sec. lirw:,'.��', (north or south) /6 J-0 ft from _ W r r f sec. line (east or west) LOT BLOCK FILING 44ye SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: No. of acres -5//l the only well on this tract? Will this be (8) PROPOSED CASING PROGRAM Plain Casing in from 6 ft to 2 G 0 ft in from Perforated casing ft to ft in from 26 O ft to , ro 0 ft in from ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: AN/ �,� �- o�--1Jo-. 6 r (10) LAND ON WHICH GROUND WATER WILL BE USED: /t ' , Owner(s): (, /L) a --\_, No. of acres: Legal description: S c _ G ,.f• / i z "N (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. 0 .,1 t v`-'61 C� (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Se' f ci }4 c rr Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. � ./SIGNATURE "OF APPLICANT(S) 1`f . 6, dd t ti C. Q r r e "C Use additional sheets of paper if more space is required. NORTH SECTION LINE J z D _ 1 I I I 1 1' 1 0 1 en m J n 4 11 _l__I 1 z r_ Z I 1 crl11TLJ ccrTInp,I 1 I IVIG The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE ST BE LOCATED BEI.' by distan VOLes from section lines. %-rO''"^ ci) ft. from o sec. lirw:,'.��', (north or south) /6 J-0 ft from _ W r r f sec. line (east or west) LOT BLOCK FILING 44ye SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: No. of acres -5//l the only well on this tract? Will this be (8) PROPOSED CASING PROGRAM Plain Casing in from 6 ft to 2 G 0 ft in from Perforated casing ft to ft in from 26 O ft to , ro 0 ft in from ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: AN/ �,� �- o�--1Jo-. 6 r (10) LAND ON WHICH GROUND WATER WILL BE USED: /t ' , Owner(s): (, /L) a --\_, No. of acres: Legal description: S c _ G ,.f• / i z "N (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. 0 .,1 t v`-'61 C� (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Se' f ci }4 c rr Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. � ./SIGNATURE "OF APPLICANT(S) 1`f . 6, dd t ti C. Q r r e "C Use additional sheets of paper if more space is required. NEIL S. MINCER LAWRENCE M. MINCER • • LAW OFFICES MINCER AND HARTERT 810 PITKIN AVENUE P.O. BOX 850 GLENWOOD SPRINGS. COLORADO 81601 TELEPHONE: 1303) 945-5448 June 25, 1979 Mr. Ray Baldwin County Planning Director 2014 Blake Avenue Glenwood Springs, Colorado 81601 Re: Thomas J. O'Brien - Lot Split Request Dear Mr. Baldwin: GERALD D. HARTERT RONALD M. WILSON MICHAEL E. DOYLE Tom asked me to contact you concerning the availability of a firm water supply in connection with his request for splitting a tract of land situated in the E2SW4, Sec. 15, T. 7 S., R. 92 W. of the 6th P.M.. The subject property enjoys the right to use for domestic purposes two gallons per minute of the flow of the "Terrell O'Connell Pipeline", on an equal priority basis with the Eastertide Ranch. The measured flow of said pipeline is ten gallons per minute and the Eastertide Ranch and Tom O'Brien share prorata .2 and .8 of the existing flow with Tom O'Brien's share not to exceed at any time the amount of two gallons per minute. The easement for the Terrell O'Connell pipeline intersects the O'Brien property. In addition, Tom owns two shares of the capital stock of the Divide Creek Highline Ditch Company which are used in connection with irrigation of the the subject property. I understand from Tom that he intends to develop two single family homes on the two ten -acre parcels which are the subject of this request. He indicates to me that he intends to provide a domestic water supply by conveying prorata to those two parcels one gallon per minute of the two gallon per minute flow which he owns in the Terrell O'Connell pipeline. He also intends to construct a holding tank for the purpose of providing a reserve supply and perhaps drilling one well on the property. On the basis of the above facts, I believe that an adequate water supply exists and can be developed for the subject property. I hope this information is useful in assisting the Board of County Commissioners in making a decision in connection with this request. If I can be of any further assistance, please do not hesitate to contact me. Very truly yours, MINNCER AND HARTERT MED/cl