HomeMy WebLinkAbout1.0 ApplicationSubmittal Date:
(76EilF6 p APPLICATION
Special Use Permit
GARFIELD COUNTY PLANNING DEPARTMENT
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Telephone: 970.945.8212 Facsimile: 970.945.7785
Applicant: 5V &AlI iL
Address of Applicant:
Base Fee: $400
G GI -Us Pc40
Special Use Being Requested:
Zone District: A/F/ Size of Property:
Application Requirements: These items must be submitted with the application
1] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles
% accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed
�/ structures that will be utilized in conjunction with the proposed use. Please submit this information
in narrative form and be specific.
,AfijV'`,, 2] If you will be using water or will be treating wastewater in conjunction with the proposed use, please
��LP-detail the amount of water that would be used and the type of wastewater treatment. If you will be
��') utilizing well water, please attach a copy of the appropriate well permit and any other legal water
supply information, including a water allotment contract or an approved water augmentation plan.
r Q 3] A map drawn to scale portraying your property, all structures on the property, and the County or State
roadways within one (1) mile of your property. If you are proposing a new or expanded access onto
a County or State roadway, submit a driveway or highway ac cess permit.
4] A vicinity map, showing slope of your property, for which a U.S G.S. 1:24,000 scale quadrangle map
will suffice.
A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private
landowners adjacent to your property. Include a list of all prnperty owners and their addresses.
6] Attach a copy of the deed and a legal description of the property i. If you are acting as an agent for the
property owner, you must attach an acknowledgment from the property owner that you may act in
his/her behalf.
7] For all applications pertaining to airports, the oil and gas industry, power generation and/or
transmission industry, or any other classified industrial )peration, you must submit an impact
Rstatement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive;
and 5.03.08, inclusive.
, The consideration of this proposed Special Use will require at leascne (1) public hearing, for which public
notice must be provided. The Planning Department will mail you information concerning this hearing(s),
approximately 30 days prior to the scheduled hearing. You will then b: required to notify, by certified return
receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a
newspaper of general circulation. Both these notices must be mailer/published at least 15 days prior to the
public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and
publication must be submitted at the time of the public hearing.
uJ
CN�3o3-3zl -299q
Telephone: Cv') 3-12'66 -0GEs7
4 oP-( p JE t41N6 VN
I).M% - S
The informion con . ed within this a.: ication is complete ani correct, to the best of my knowledge:
Applicant.' �f .� ✓� Date: 4. zo. ��
11)
RECEIVED APR 2 31999
THE REGENTS OF THE UNIVERSITY OF COLORADO
Susan C. Kirk, Regent
1299 GILPIN STREET
DENVER, COLORADO 80218
TELEPHONE (303) 321-2999
FAX (303) 321-2999
April 21, 1999
Mr. John Barbee
Garfield County Planner
109 - 8th Street
Glenwood Springs, Colorado 81601
Dear Mr. Barbee:
This letter is written to confirm that Brad Ziegel of Harry Teague Architects represents
me in the request for approval of an Accessory Dwelling Unit for our house located at
0525 Cactus Flats Road, Carbondale, Colorado 81623
Thank you for your consideration.
#503830
Sincerely yours,
Susan C. Kirk
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LOT SIZE = 1,325X385=580,500 S.F. / 43,560 S.F. / ACRE = 11.7 ACRES
SQUARE FOOTAGE OF NEW GUEST HOUSE = 920 S.F.
SQUARE FOOTAGE OF EXISTING HOUSE = 3,086 S.F.
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Project No.: 9804
Drawn By: BAZ
SITE PLAN
1:20
A 1.1
Consultant Information
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I , (0525 Cactus Flats Road)
IF MED NAY 2 5 1999
SCALE'
//'
,89.47,w 1/38 0'
s 89`47'W
A PARCEL OF LAND BEING THE WEST 385 FEET -
OF THE EAST 1155 FEET OF THE SEY4, SWY4,
SECTION 11, T7S, R88W, 6TH P.M., GARFIELD COUNTY
IMPROVEMENT LOCATION CERTIFICATE
..5,E%4, 5W%4
S,EC
770'
I hereby certify that this Improvement Location Certificate was prepared for
Brad Davis' , that it is not a'land survey plat or improvement
survey plat, and that it is not to be relied upon for the establishment of fence, build-
ing, or other future improvement lines.
I further certify that the improvements on the above described parcel on this date,
March 21,1985 , except utility connections, are entirely within the boundaries
of the parcel, except as shown, that there are no encroachments upon the described
premises by improvements on any adjoining premises, except as indicated, and that there
is no apparent evidence or sign of any easement crossing or burdening any part of said
parcel , /f except asrypoted.
/ U
By
Syrley ,fncicome P.L.S. 14111
OIN r L, •.fir
° 11411?1l
ii A ♦
IMPROVEMENT LOCATION CERTIFICATE.;
Ai TEACT'OF`;CAND'' /N//'THEE-SE'%4, SW /41,-;
SEC.'. Ili' ,7' 2• . R.88 W,4m4e M. '6ARP/ELD/ CO.
Br' L/NES /N SPACE
SYDNEY UNC/COME (L.S /4///)
BOX 121 CARB0NDALE, COLO. 303-963-3852
MARCH 21, 1985 I SCALE:I"- 2001
•
•
HAR
R Y TE
UE AR CHITECTS
MEMO
TO: Kit Lyon, Planner
FROM: Brad Zeigel
JOB: Kirk: Accessory Dwelling Unit
DATE: 5.24.99
RE: Application for Special Use Permit
Clarifications
6661 g z 'ww 03A13338
1. This house is currently a second home for Susan Kirk. They enjoy
spending weekends and extended vacations in the Roaring Fork.
However, they travel out of the country quite frequently for extended
periods of time. The Accessory Dwelling Unit will be used by Susan
during these short visits. With her arthritic knees, she is interested in
being on a single level near the garden. The ADU is being designed to
allow for easy weekend visits with the Kitchenett and weekend
entertaining with a Murphy bed that folds up and makes the main room
as big as possible for a dining room table.
This ADU will be used 30 weekends a year.
The vehicular traffic will not be any different than it is today since the unit
will be used by the current owner.
2. The water usage will be minimal since the building usage is minimal as
described above. The existing house has an infiltrator system. We plan
on using a similar system for the ADU. (See the attached septic system
documents from Garfield County dated 6-3-92. See attached well permit
#26415-F from Colorado Water Resource Department dated 4-5-83).
3. No new driveways or new property access created by this project. All
access to the site during construction and afterwards will be along the
existing driveway. (Attached a map showing roadways within 1 mile of
the property.
4. Vicinity map. When I met with John Barbee, he copied a map he had in
his files for this requirement. I have attached a copy of this map.
5. Garfield County Assessor's Map: It was my understanding that this was
also on hand in your office. I have attached a copy of this map.
6. Legal description of property. This is in the file.
7. N/A.
Garfield County Land Use Code
5.03.21 Accessory Dwelling Unit:
• 3) Approval from the subdivision homeowners association and or allowed
by covenant if applicable. This property is not restricted by a subdivision
412 N. MILL STREET ASPEN,CO 81611-1508 TEL (970) 925-2556 FAX (970) 925-7981 email hta@rof.net
•
Kirk Accessory Dwelling Unit
May 24, 1999
• page 2
IkIVELJ MAY 2 5 1999
review. The Owner has met with the adjacent home owner to discuss the
project but this was done out of courtesy not any obligation.
4) Proof of a legally adequate source of water for an additional dwelling unit.
(See the attached original well permit).
5) Compliance with the County individual sewage disposal system
regulations or proof of a legal ability to connect t to an approved central
sewage treatment facility. (See the attached original septic permit).
Brad Zeigel, Architect
• '235
fAtzcol..
•
510 c f ru:) i - r t`zL,
C acts:nf*L,e e 14.3-7-3
4i hs V -i e V&e- 't � �' sJ 1'T i
APT 2..
11 19th
052.5 c ✓s j?,M)
HARRY TEAGUE ARCHITECTS
MAY -20-1999
Application must
be complete where
applicable, Type or
print in 13LACK
IN K. No over*trikes
or unless
initialed.
/4:21
D I U 5 GI TR RESOURCES
8,eneertnW Bldg., 1313 Sherman 8t , Denver, *do
PERMIT APPLICATION FORM
( I.--I'A PERMIT TO USE GROUND WATER
(14_6 PERMIT TO CONSTRUCT A WELL
FOR: (-1 PERMIT TO INSTALL A PUMP
( ) REPLACEMENT FOR NO.
( )OTHER
WATER COURT CASE NO
(1) APPLICANT . malting address
NAME Jj
STREET _Oi . (0
CITY
1. 30 866 5415 P. y
80203
I
N0V 0$ we
tapasNMI Nowa=
Sag
41111
A IS xiiS PRt�U
Pi CAI RO
$l N t» C aLou Do 9t6Z
TELEPHONE NO
tiia/e) (ries
3O - 9(03 --116
(2) (.00ATION QF PBQFQSED WELL
County V EL D
E_ u. of the S W kl, Section
11
Twp. ,.., .,,,. , Rnq, 4-,g i . (c±iN
er1_si iE,Wi
P.M.
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gm) J5 Q►v�
Average enamel amount of ground wpyatKA
to be appropriated (acre-feet): _ _C2 • A a.l; '•�f
i:
Number of acres to be irrigated: • S
00 41, 4-17
Proposed tow! depth (test): _ 3 (�I C? •{=
Aquifer groin water is to be obtained from:
Owners watt desispetion [,L DC Wei(
GROUND WATER TO BE ER FOR•
( 1 HOUSEHOLD USE
( LOMESTIC (11
l ) LIVESTOCK (2)
( ) COMMERCIAL (4}
) OTHER ig)
ONLY - no irrigation (0)
t } INDUSTRIAL (a)
( ) IRRIGATION {{31
( ) MUNICIPAL (8)
OETA(L THE USE ON SACK IN (11)
(41 QRJLLER
Nome
Street
City
(Zip)
Telephone No. _ Lit. No.
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
4ioeipt No. 3 f I ref
Basin Dist.
CQNDl,7}Q111QF,APPR4Yy�r
This well shalt be used in such ar way as td 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 ves water
right or preclude another owner of a veste4 water
right from seeking relief in a civil court act on.
1) APPJIONED PURSUANT TO CM 1973, 37-90-137,
FOR FILE CONSTRUCTION or A � TO , ; (OPAIATE
TRIBUTARY GROUND WATER FROM THE • AOB OF
CAT'T'LE CREEK,A TRIBUTARY TO TAS - • J 1 G FORK
RIVER IN GARFIBLD COUNTY. TINS PROP06EI) WELL,
CLAC WW2. NO. 3, 18 cONiUtT oNA.T LY IZ BY
THE DIVISION 5.WATER COURT IN CASE L. T9c 96
2) THIS WELL SHALL NOT BE PUMPED UNLESS IT i
IN COMPLIANCE WITH TES TEEMS AND OON3)ITIONS 0
THE AUGNMOTATION PLAN'APFL VED BY DIVISI0
WATBR COURT IN CASE BO. 790W97.
3) A TOTALIZING FLOW, ?ITER MUST BR INSTALUr
THIS WELL ,AND DIVERSION [(ROOMS WALL B2 MAIN
TALKED BY THE OAR AND SUBMITTED TO 1'1'HE DIV/
SION OF WATER RESOURCES UPON )INQUEST
^. r cs.' •t. :,
!-': / r:.
t - f _ L',
'e��SOuFry? 4.
. .' .3t .4 ... k...*::‘ /
APPLICATIQN APPROVED '�: '.4.7-"P (";
2644. * —gs.3
PEANUT NUMBER
g/
DATE ISSUED
Wi
EXPIRAT)• DATE1984
BY
`
r �TSTA NGIN 'ER)
i•,s�t r A
I C 5 -Z$
COUNTY 1
MRY-20-1999 14:21 DIV 5 1TR RESOURCES
Wnicn utr WOW* Ni.. i.w. .rrr •,.p•••
Use the CENTER SECTION (1 sectio4110 'es) for the well location,
— -j- - -}- 4- -+- -- --F- -- -+ --
t +
--
t_NoRTH
- -4-
- 7 attl6, 6110 POET ----API
+ + -I- - - + -1-
Z
NE
T
11 i
I
1
1
i
1
1
_ + _
_ --1
1
1
NE
1 1
The w.eist of the diagram is 2 inches i fNle
Each small tgtatre ts 40 acres.
wATER EQUIVALENTS TABLE (Mounded Figures)
-4
1 303 866 5415 P.04485
750 IP from Sou+ 1;sec. line
(north or el.a)
/ 9 0 0 ,_ ft. from t o te St- sec. Zine
(nest or west}
LOT ----...,..BLOCK _FILING e>
VYtSrisAN s..•
SUBD1vls,QN� r_ D i5 -.2G►
+ f
(7) IRAQIOAJ WHICH WELL WILL BE
/Owner: o
No. of scres_ / f i �r G Wilt this be
the only Well on this tractt4'eS
An acre -4001 Covera 1 ecrs of tend 1 too* dean
1 cubic tool Par at,a+d (a4si ... 449 y#ttonl oaf minute tgprn)
A family at 5 will require e(}prptrintatety 1 forefoot of water ear year.
1 acre -toot ... 43,560 vuo;c toot ... 3215.800 spoons.
1.000 own ournpod cortin iOtolly kir ort* day pi0Ouoet 4,42 ecru -het -
(8) P9OPPSE12chi PROGRAM
Plain Casing
62 in from O it. to. ., It
--in. item - It. to ft.
Perforated casing
tri _ in. from -Sin ft_ to 3 Qb ft.
h. from
ft. to--
(9)R L ENT WELLS 9lwdistance
oa.iront a urs and plant for piugding
it;
(10) ;AND ON 1i'IIHGROUND .WATER WIj,L BE U ED:
Owner(s): "
Legit description:
No. of acres: Arf A
(11) DETA)LU,Q iJESCRip2)Ol1I of the use of ground water: Household use and domettie welt must Hellcats type of disposal
system to be used.
(12) QTHERI WATER RIGHT$ used on this lend, inducting wells. Give Registration anti Water Court Case Numbers.
Type or right Used for (purpos!) Description of land on which void
(13) THE APPLICANT(S) STATES) THAT THE INFORMATION SET FORTH HEREON IS
TRU /TO THE BEST OF 18 KNOWLEDGE.
3#GNA ru 'OF APPL MANY'
(.tilt additional sheets o1 paper if afore space is required.
1
-MAY -20-1999 14:20 •D1U 5 WTR RESOURCES • 1 303 966 5415 P.02/05
RIPORT DATE 05/20/99 COLORADO WELL APPLICATIONS AND PEINtrrs PAGE 1
COLORADO DIVISION or WATER REAces Es
RECEIPT APP SPITE STAT DATE NP DATE IELL-X-NEVER TRAMS ACTIN STAY
9113806 / / / / / / 000000 CII CD CD
DIV CO PILE NUMBER Il BUTS IN NAME
5 23 26413 F 36 99 00 DAVIS BRADLEY 6 PROVISO* JANIS
ADDRESS 0048992 CITY ST
OSIS CACTUS PLATS MD. CARBOMDALE CO
ttP - EXT PHONE 010 060 0160 SEC Ti816IIP RANGE PM
11623 0000 c ) - Se SM—_.1 _ .� 88 w 3
GSR MRI USES DRLR PUMP IN COORDINATES LOT NLK Ft0
a M/s ?So s ERI 1900 Y
SWID:VISION REPT -- WELL -- COMP REPT -- PUMP -- torp
/ / DATE / / / / DATE / 1
COMMENTS
EKG LSO
INC RECO EMU RECD SSU RECD BCP/ use memo MECO-AEANb-- COMP
--DATE-- --DATE-- --DATE-- --DATE----DATE-- DATE-- --OATS
/ / / / __
4F
/ I 11/04/06 / / / / / /
ACRE -PT TOP/PERP DEPTH YIELD LLWL net-, Nem LOG ABAND EEOD
325_ 10.00 260
EXPIRE DATE STATUTE ID ACRE in NUAL ARUM* (S) ohm DEEIONE?E
/ / ( ) 2500.00 (1) (2)
RELEIVED NAY 2 41999
MRY-20-1999 14:20 DIV 5 WTR RESOURCES
•
REPORT DATE 05/20/99 COLORADO WELL APPLICATIONS AND PERMiTs
COLORADO DIVISION OF WATER RESOURCES
1 303 856 5415 P.02/05
PAGE 1 RECEIVED NAY 2 5 '1999
.EiPT APP DATE STAT DATE NP DATE WELL -X -REFER TRANS ACTIV STAT
9113808 / / / / / / 000000 CO CD CD
DIV CO FILE NUMBER WD RAS MD NAME
5 23 28415 F 38 99 00 DAVIS BRADLEY & PROVISCR JANIS
ADDRESS ADDRESS2 CITY ST
0525 CACTUS FLATS RD. CARBONDALE CO
ZIP - EXT PHONE 010 040 0160 SEC TWNSHP RANGE PM
81823 0000 ( ) SE ... .-SW 1t---?-�_$ 88 W S
CASE NUM USES DRLR PUMP INS'T COORDINATES LOT ' SLK Pic
e QN/s
750 S —E/W 1900 W
SUBDIVISION REF>T -- WELL •• COMP REPT -- PUMP -- COMP
/ / DATE / / / / DATE / /
COMMENTS ENG USER
NWC RECD NBU RECD SBU RECD BENEF USE AMENDED RECD -ABACI-- COMP
--DATE-- --DATE-- —DATE-- --DATE-- --DATE-- DATE-- --DATE
/ / / / _/ / 11/04/84 / / / / / /
ACRE -FT TOP/PERF :OT DEPTH YIELD LEVEL ELEV- METER LOG AMMO REOD
325 10.00 260
EXPIRE DATE STATUTE ID ACRE IR QUAL AQUIFER (S) OWNER DESIGNEE
/ / ( ) 2500.00 (1) (2)
MAY -2J-1999
Application must
be complete where
applicable. Type or
print in PL.ACK
INK. No overstrikes
or erasures unless
initialed.
14:21 DIV 5 WTR RESOURCES 1 303 866
8lentepnial Sldg., 1313 Sherman St., Denver, ado 80203
PERMIT APPLICATION FORM
( I -01"A PERMIT TO USE GROUND WATER
S 'A PERMIT TO CONSTRUCT A WELL
FOR: (t -.'A PERMIT TO INSTALL A PUMP
5415 P.03/05
c:
,R .R'r L#L i
( ) REPLACEMENT FOR N0
( ) OTHER
WATER COURT CASE NO.
NOV 08 1982
MER RESOURCES
nATE `MAMIER
sane
(1) APPL3CANT - mailing address
NAME BR bt4 E\1 j) OS a- u(s Pwv
STREET 011 (0 r"IN IZO
CP fZbot 1)Pr E C vel Dv C31623
Cl TY
TELEPHONE NO
(State) (.1iq)
303- 315
(2) I QCATION OF PROPOSED WELL
County (7 PrR. F(EL b I
S E y. of the WY. Section 1 `
Twp. _., Rng. O w
tlY.Sl it.W)
P.M .
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (qpm) JG . pw‘.
B.D.
Average annual amount of ground water �AA ,,
to be appropriated (acre-feet)• O • ""t'•
Number of acres to be irrigated; .. 7 d'O 474
6-17
Proposed tocol depth (feet)-
0c- 1fi
Aquifer ground water is to be obtained from;
LAN\ lCn^41.4YA,
Owners well designation DC Wet(
SROUND WATER TO BE USED FOR•
( ) HOUSEHOLD USE ONLY - no irrigation (0)
m
(t 'i50MESTIC (1) ( ) INDUSTRIAL (5)
( ) LIVESTOCK (2) ( 1 IRRIGATION (U)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
( ) OTHER (g)
OETAI L THE USE ON BACK IN (11)
(4) DRILLER _ �ff
Name ! 1 (.e41 �''�.(X
Street
City
Telephone No.
(State) (2ip)
Lic. No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
(Receipt No. 3 t ( ! JJl /
Basin Dist.
CONDITIQN.S_QF.laPPRC3VAL
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.
1) APP.hO\7sD PUi2SUANT TO C1tS 1973, 37-90-137.
I"OH THE CONSTRUCTION OF A WELL TO APPROPRIATE
TRIBUTARY GROUND WATER FROM THE DRAINAGE OF
CATTLE CREEK.,A TRIBUTARY TO THE ROARING FORK
RIVER IN GARFIELD COUNTY. THE PROPOSED WELL,
CLDC WELL N0. 3, IS CONDITIONALLY DECREED BY
THE DIVISION 5 WATER COURT IN CASE NO. 79CW96
2) THIS WELL SHALL NOT BE PUMPED UNLESS IT I
IN COMPLIANCE WITH THE TERMS AND CONDITIONS 0
THE AUGMENTATION PLAN APPROVED BY THE DIVISIC
5 WATER COURT IN CASE NO. 79CW97. '
3) A TOTALIZING FLOW METER MUST BE INSTALLxi
TIIIS WELL AND DIVERSION RECORDS SHALL I3E MAIN
TAINED BY THE OWNER AND SUBMITTED TO THE DIVI
SION OF WATER RESOURCES UPON REQUEST.
j._1 ,: •Y .
vLOR/jnn <r
APPLICATION APPROVED
PERM)T NUMBER 26415—F
DATE ISSUED
AAPP�R 0 5 1983�d
EXPIRATi DATI: ' 1 0 5 1984
•
NGIN 'ER)
BY
10
COUNTY •23
MAY -20-1999 14 21
Wnion Ute water+
Use the CENTER SECTION (1 sectio
D I L) 5 WTR RESOURc C EI VED M 51199g 866 5415
acres) for the well location,
`%5o from Sour);
-� - — — -�- - - -� —' ^r—
—4-
•d1.--_-1 MILE, 5280 FEET _:Tl
-
I
NORTH SECTION LINE
i
I
Li
1
y
�,ebr-
l
I
i
--- — -1- — -f- — -}-
-
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
j(ol,
(north Or Wutni
ft from (- eSt-
P.04/05
(east or wast)
LOT BLOCK FILING *
sec. line
sec. Zine
Ye se-icAtr a
SuBoIvlsloN btdalP 6 ..� bora. CS:0- 15-,220
-4--
4-
(
(7) TRACT ON WHICH WELL WI L BE
LOCATED Owner' sar�p
No. of acres 1 /. C Co . Wilt this be
the only well on this tract?S
(8) PROPOSED CASING PROGRAM
Plain Casing
_ in from_ CI), ft to.2...-S0 ft,
in from _ It to it
Perforated casing
in from 2 -SQ ft to 3 00 ft
in from
ft to rt
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of fend 1 foot deep
1 cubic loon per second (cfs) ... 449 gallons per minute (gpm)
A family of 5 will reiuire approximately 1 acre-foot Of water Der year.
1 acre foot ... 435E0 cubic feet . , , 325,900 gallons.
1,000 gpm Dumped continuously for one day produces 4.42 acre-feet.
(9) FOR REPLACEMENT WELLS givedistance
and direction from old well and plans for plugging
it;
(10) LAND ON WHICH GROUI-)1 D WATER WILL BE USED:
Owner(s)' Adii�'Q'
Legal description:
(11) DE"jiLED DESCRIPTION of the use of ground water:
system to be used.
No. of acres' !v
Household use and domestic welts must indicate type of disposal
_ C -1" e wI - ur' h4._. .f -h_e_a1 .
(12) TH R WATER RIGHTS used on this land, including wells, Give Registration and Water Court Cast. Numbers.
Type or right Used for (purpose) Description of land on which used
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRU TO THE BEST OF IS KNOWLEDGE.
SIGMA TU - OF APPLICANT
Use additional sheets of paper if more space is required.
d
'reorder' or
Ilteeeprxrn !M
WARRANTY DEED
'flits 11141). Stade Ihts 15th d:n „t Dtttt,
re er
to tt 9 no... `n
JANIS L. PROVI9DP AND BPADi.t Y D. DAVIS
erind•I. .11111
SUSAN C. KIRK
GARFILLD
DEC 1 5 1989
to Doo. Fes
$
whose heal atoms• ix 1299 Gilpin Street
Denver, CO. 80218
I 'he City WRRN Cd Denver :11111 state n' ('uk,r.. h,. grantee.
N 1I'NI'SC. that the grantor. for and on .orrs.klawn .1 the sun ,r
1 ten dollars and other good and valuable consideration
the nt'cipt and s,lnctem% 01 N111011, her:M ,a Alun, ledged. has . ,n.d hargarnd. ',old and ;onxeyed. and by there pis.:ms .ones
}.ant. hal gam. sell convey and confirm ',Motive grantees. their M or. and a.•.ii ns lore.cu not In tenant int,mnrun Mit in pout knouts!.
.01 th. real pro•pelty together with m,pr..emei.•s. it an). %tuatc. h.ng and being on the ('aunty of
it Garfield and Stat of ('olorark.. des nhttf as follows
West 385 feet of. the East 1155 feet of the SEiSW;,
Section 11, Sownship 7 South, Range 88 Wiest of the 6th P.M.
County of Garfield
State of Colorado
rho Ammn h. street and nunt,cr a. u525 Cactus Flats Road, Carbondale, Co. 81623
'11K:F 1•HE:k with all and singular the he tdi:intents and appurtenances !hereunto tx•Lmgtng. ow in anywise appertaining and the
n'.rn on and re.er•rno.. rrm;nndcr and reminders. Irons. Issue. and petits thereof• and all the estate. right. tick, inrenar. clams and
(Icor mod whatsoever of the grantor. either no tau or comity. of. in at d to 111. bone bargained premises with the hereditaments ald
app ar Ie armee•
1'(1 HAVE. AND TO HOLD the said premise, ah.nc hargamed am; described. w ttlr the appur°enancc.. unto the grantee:. (heir heirs
and assign. loreser. And the grantor. low hm-,.eIt, hl' herr. anti person d mpresenlatl%e.. rhe. c.wenanl. gram. bargain and ag:.: „. red
w rah the granters. their heirs and assigns. that at the turn' of the cnseaing and dcliyery of these proem.. he is well wired of the premises
atone conveyed. has good. sure. perfect. absolute aril indefeasible estate of inheritance, in law. m Ice smirk, and has good right. full
power and lawful authority to grant. bargain. sell and consey the sane in mannan and arm aforesaid. and that the Witt are bre antidote
from all former and other grants. bargains. sales. lien.. hives, as.css tints. cncumhrante. and restrictum• of whateVti Lind ,w nature
.c.rl, except for easements, restrictions, reservations, rights-of-way and covenants,
all of record; real property gees for this year, not yet due or payables and
The grantor shalt and well WARRANT ANI) Fi)IU VLR 1)14.NI) the ahem -bargained premise. in the quiet and peaceable
p...c.cion lot the granter.. their heal and assiens, against all an. every person or persons lawfully claiming the whole IT any part
thereof.
1 he oongular numhcl shall Include the plural. the plural the sinf,ult. and the use of any gender shall he apt'fcahk 1a all gcnden.
IN WITNESS WHLRf t 11 lfjry:rantor has,executcd this decd oh the date set forth above.
�5( p d this 15tla1ay of December 15}19 .
/Jan sL. r iso,
grhdley/p.
--
ti1:1f1 (11 (Ulf JRNIKI
tare% „i Garfield
1h, Ln.•coutg n,slrununl n.n a.Amn.icdgcd Ixl.le nu this 15th day of December . W tl9
h• Janis L. Provisor and Bradley D. Davis
hast amt.111, eat .ra
•CJ ''J
n'
,n•Mcyi: [�
.....•..
c_�•s.ti'_i +a l•:z•�v
CANOPY ABO
•
GARFIELD COUNTY
Building and Planning Department
June 16, 1999
Brad Ziegl
Harry Teague Architects
412 N. Mill St.
Aspen, CO 81611
Re: Kirk Special Use Permit
Dear Brad,
Yesterday we discussed the status of obtaining water rights for an accessory dwelling unit for
Susan Kirk's special use permit application. You said that the Division of Water Rescources
said that the existing well which serves several subdivisions and properties in the area can serve
72 units, or one unit per lot. You suggested three possibilities:
• Designate water rights from another lot Susan owns to this lot: this is not an option unless all
development rights are vacated from the other lot.
• Lee Leavanworth write a letter stating there is plenty of water in the area: we will review
and consider a letter from Lee that states that there is legal and adequate source of water for
all the lots in that area. The letter must verify that this lot has rights to claim additional
water from the augmentation plan.
• Go to water court to obtain a well permit for the additional unit: this is the best way to
handle this situation. A well permit is legal, adequate access to water.
If you choose to submit a letter from an attorney, please do so by June 22, 1999. If you have any
questions or, would like to discuss this further, please contact me. Thank you.
Sincerely,
Kit Lyon ,' nner
Phone: 945-8212 / Fax: 945-7785 109 8th Street, Suite 303 Glenwood Springs, CO 81601
}
•
•
LEAVENWORTH & TESTER, P.C.
ATTORNEYS AT LAW
LOYAL E. LEAVENWORTH
CYNTHIA C. TESTER
GREGORY J. HALL
DAVID H. McCONAUGHY
KELLY D. CAVE
DAVID A. MEISINGER*
TOM KINNEY
*Admitted in Wisconsin only
June 18, 1999
Don DeFord, Esq.
Garfield County Attorney
109 Eighth Street, Suite 300
Glenwood Springs, CO 81601
Re: Susan Kirk Accessory Dwelling Unit
Dear Don:
1011 GRAND AVENUE
P. O. DRAWER 2030
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (970) 945-2261
FAX: (970) 945-7336
ltlaw@sopris.net
I represent Susan Kirk in connection with her request to construct an accessory dwelling
unit on her property located at 0525 Cactus Flats Road, Carbondale, Colorado. As you know,
the property is located in Missouri Heights. Susan Kirk is the successor in interest to Janice L.
Provisor and Bradley D. Davis, having purchased the property from them in December of 1989.
Provisor/Davis entered into a contract dated August 10, 1982 with the Carbondale Land
Development Corporation ("CLDC") in which they received 2/10 of an acre foot of adjudicated
consumption use water (decreed to CLDC in Case No. 79CW97 from Water Division No. 5),
together with CLDC Well No. 3. Pursuant to their conveyance, Provisor/Davis obtained a well
permit, a copy of which is enclosed (Well Permit No. 26415-F). Susan Kirk received title to the
2/10 of an acre foot of historic consumptive use and CLDC Well No. 3 when she purchased the
property. The CLDC well was decreed in 1979, and therefore is able to divert during the winter
months under its own priority. The 2/10 of an acre foot of consumptive use, therefore, augments
only summer uses when the well would be our priority. Pursuant to the terms and conditions of
the augmentation plan, and based upon the calculations contained in the plan for augmentation in
Case No. 79CW97, the 2/10 of an acre foot is sufficient to augment the irrigation system out-of-
gle
13i 1()i l$y useaC vi waterwater fromti% i%r ;�1 for two (2) Sln,.£,a., family residences and approximately 3.750
square feet of lawns and gardens. If livestock are involved on the property, the amount of the
lawn and garden irrigation would decrease accordingly.
Therefore, it is my opinion that Susan Kirk has a legal water supply to serve both her
existing house and an accessory dwelling unit located on the property.
F: \I999 \ Letters -Memos \KIRK-DeFord-Itr-1. wpd
8
• •
LEAVENWORTH & TESTER, P.C.
Don DeFord, Esq.
Page 2
June 18, 1999
If you have any questions, or wish to discuss this matter further, please feel free to contact
me.
LEL:bsl
Enclosure
cc: Susan Kirk, w/enc.
Kit Lyon, w/enc.
Brad Zeigel, w/enc.
412 North Mill Street
Aspen, CO 81611
Tom Zancanella, w/out enc.
F: \1999 \Letters -Memos \KIRK-DeFord-ltr-1. wpd
Very truly yours,
LEAVENWORTH & TESTER, P
/
worth
FORM
GWStikt
07
STATE OF COLORADO
OFFICE OF THE STATE EWEER
818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203
(303) 866-3581
•For Office Use only
PRIOR TO COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIDE
CHANGE IN OWNERSHIP/ADDRESS / LOCATION
WELL. PERMIT, LIVESTOCK TANK OR EROSION CONTROL DAM
1.
NEW OWNER
NAME(S) . Susan Kirk
Mailing Address 0525 Cactus Flats Road
City, St. Zip Carbondale, CO 81623
Phone (,_- ) (970) 963-1514
2
THIS CHANGE IS FOR ONE OF THE FOLLOWING:
El
❑
II
WELL PERMIT NUMBER 26..4.15-E
LIVESTOCK WATER TANK NUMBER
EROSION CONTROL DAM NUMBER...._
3.
WELL LOCATION: COUNTY Garfield OWNER'S WELL DESIGNATION CLDC Well No. 3
(mess)
SE 1/4 of the.... SW 1/4, Sec, 11 Twp. 7 ❑ N.
Distances from Section Lines ...... 750 Ft from ❑ N. or
or
11
El
S.
(ah) (State)
S., Range 88 ---_ ❑ E. or EaW.
Line, 19 00
Ft from ❑ E or
6th
il
PO
P.M.
W. Line.
-
Subdivision Lot Block Filing (Unit)
4.
LIVESTOCK TANK OR EROSION CONTROL DAM LOCATION: COUNTY-.---__----_----__-__
_ 1/4, Sec. Twp...._...._ . ❑ N. or ❑ S., Range_.._._._... ❑ E or ❑ W. ._.._...._._. P.M.
5.
The
The*
IN
above listed owner(s) say(s) that he (they) own the structure described herein.
existing record is being amended for the following reason(s):
Change in name of owner. ❑ Change in mailing address. ❑ Correction of location.
6.
I (we) have read the statements made herein, know the contents thereof, and state that they are true
to my (our) knowledge.
(Puri to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in
the second degree and is punishable as a cIa's 1 misdemeanor.]
Name/Title (New Owner) Please type or print
Susan Kirk
by Loyal E. Leavenworth, attorney
Signature
(New Owner)
l�1 �//
(1
Date
( / � gi
FOOFFI •E SE O Y
�' 'ft '"
State Engineer By Date
Court Case No. Div. Co. WD Basin MD Use
is
,lication must
complete where
pplicable. Type or
.rint in BLACK
N K. No overstrikes
.r erasures unless
nitialed.
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
PERMIT APPLICATION FORM
(11--A PERMIT TO USE GROUND WATER
(�) A PERMIT TO CONSTRUCT A WELL
FOR: (t•-)�A PERMIT TO INSTALL A PUMP
( 1 REPLACEMENT FOR NO
( ) OTHER
WATER COURT CASE NO.
NOV 0 8 1982
WATER REiOURCES
MME -Qv mull
1) APPLICANT - mailing address
AME 13KA D1,.E 1 DA VIS .4- &(s Pwvt
TREET 01aco PP!N IZoP1)
ITV CR X301 Odle C .0m bo efr,2-3
(Staley (hip)
iELEPHONENO
(2) LOCATION OF PROPOSED WELL
:aunty
6AP-.FELt)
SE %et the Sw
.wp.
IN.S)
Section
(off P.M.
1E"
WATER USE AND WELL DATA
roposed maximum pumping rate (gpm)
verage annual amount of ground water
be appropriated (acre-feet):
$.R
umber of acres to be irrigated: 2- S 00 4 i. 6-t.
rupused total depth (feet): 3 O U 1t
quifer ground 4w'ateris to be obtained from:
LA -A4 •A'1_ 1�J t�
wner's well designation
L. Dc LkJ (! )=t
ROUND WATER TO SE USED FOR:
HOUSEHOLD USE 0
1A1)QMESTIC (1)
LIVESTOCK (2)
) COMMERCIAL (4)
NLY - no irrigation (0)
( ) INDUSTRIAL. (5)
( ) IHRIGATIUN (ti)
( ) MUNICIPAL (8)
OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Mt' • c VVi sae
treet
City
(State) (Zip)
Telephone No. Lic. No
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
C eceipt No 3 if 1I
Basin Dist.
CONDITIONS OF APPROVAL
This well shall Le 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.
1) Al'P1,OVI D PUTT DANT TO CRS 1973 , 37-90-3.37 ,
I"OI( '1'IIE CONSTRUCTION OF A WELL TO APPROPRIATE
TRIBUTARY GROUND WATER FROM THE DRAINAGE OF
CATTLE CREEK,A TRIBUTARY TO Ttii ROARING FORK
RIVER IN GARFIELD COUNTY. THE PROPOSED WELL,
CLDC WELL NO. 3, IS CONDITIONALLY DECREED BY
THE DIVISION 5 WATER COURT IN CASE NO. 79CW96.
2) THIS WELL SHALL NOT BE PUMPED UNLESS IT IS
IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF
THE AUGMENTATION PLAN APPROVED BY THE DIVISION
5 WATLH COURT IN CASE NO. 79CW97.
3) A TOTALIZING FLOW METER MUST BE INSTALLED ON
TIIIS WELL AND DIVERSION RECORDS SHALL BE MAIN-
TAINED BY THE OWNER AND SUBMITTED TO THE DIVI-
SION OF WATER RESOURCES UPON REQUEST.
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIRATIOjV DATE APR 0 5 1984
(STA E ENGIN ER)
264.1.5 ---(=
APR 0 5 1983
is
LOCATION OF THE PROPOSED VCL■CL ,+nil It"' area'„'
ch the water will be .used must be indicated on the diagram below.
the CENTER SECTION (1 section, 640 acres) for the well location.
-f- — +- - -f- — — -1- - -}- -- -�- - -{-
,_
1 MILE, 5280 FEET —*
I i
I �
—
to
rn
m
A
r—
Z
RTH4_
—t—
NORTH SECTION LINE
t
1
SOUTH SECTION LINE
i I
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
4_ --
- —
(6) THE WELL M BE LOCATED BELOW
by distances from section lines.
750 ft. from 50U+I'. sec. line
(north or south)
> q o U ft from West sec. line
(east or west)
LOT BLOCK FILING *
suBoivlsloNC-ar-bokida(Q f Zvi. Co -fp, 7s-Zio
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner S a tillf
No. of acres 11. G co Will this be
the only well an this tract? yes
(8) PROPOSED CASING PROGRAM
Plain Casing
in from 0 ft to 270-- ft.
s., from
Perforated casing
f+ t^
ft
in from 2-5o ft to 00 ft
in from
ft to
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 Dumped continuously for one day produces 4.42 acre-feet.
(9) FOR REPLACEMENT WELLS givedistance
and direction from old well and plans for plugging
it:
LAND ON WHICH GROUND WATER WILL BE USED:
Nl/
r(s):
No. of acres.
N/A
description:
DETAILED DESCRIPTION of the/use of ground -/' water: Household use and/domestic wells must indicate type of disposal
em to be used. )o me�.i— - aktc. ll veSfocJ4 as peovi6P,'ri'Jl� i Al mE�frirrithe a_
uv -1- case # 7q C Ctiq7 Pvtove >cu//y desc`/ea' as C4,66 wed/ 3�
•---
QI_HER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right Used for (purpose)
Description of land on which used
THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRU TO THE BEST OF IS KNOWLEDGE.
Use additional sheets of paper if more space is required.
i
iz
JUN -22-1999 09 46 DIU 5 ITR RESOURCES 1 303 866 5415 P.01/12
b 1 A 1 Lr mak' LULUIQWU
DXVXSION OF WATER RESOURCES
WATER DIVISION 5
Office of the State Engineer
Dcpartament of Natural Rcsourccs
P O Box 396 (50633 U S Highway 6& 24)
Glenwood Springs CO 81602
Phone (970) 945-5665
FAX (970) 9454741 (call first;)
RECEIVED JUN 2 2 1999
FAX TRANSMISSION COVER SHEET
DATE:
TRANSMIT TO FAX NUMBER: 7 7 0 '� ~
IMMEDIATE DELIVERY TO:
FROM: Dw . f '{ l.�- � -e
NO. OF PAGES (INCLUDING THIS COVER SHEET):
INSTRUCTIONS/COMMENTS:
x/42
Bill Owens
Governor
Greg E. Watcher
Esccurive Director
Hal D. Simpson
State Engineer
Orly -a 3. Bell
Division Engineer
1) G LAG
Pg2. 4
�� o�-s Guess
L
'9.$ L i
N( a — 7e -e //Q — rJ
6! C L
1
7<A L a .
tv a 7 5 / /x -
4.F
1 4F U(i- (�- ,® A
,� - P✓ T ' , 54' a s- '— /i e c. -1 c -
If you have problems receiving document(s), please call:
DIVISION OF WATER RESOURCES - DIVISION 5
TELEPHONE: (970) 945-5665
FAX' (970) 945-8741 call first OR (303) 866-5415
.r JUL-21-1999 16 32 •DIU 5 ITR RESOURCES 1 303 866 5415 P.02/02
STATE CfCOLORADO
DIVISION OF WATER RESOURCES
WATER DIVISION FIVE
Office of the State Engineer
Department of Natural Resources
50633 U.S. Hwy. 6 & 24
P.O. Box 396
Glenwood Springs, CO 81602
Phone: (970) 945-5665
FAX: (970) 945-8741 (call first)
hap://water.state.co.usidefault.htm
July 21, 1999
RECEIVED JUL 2 1 1999
GARFIELD COUNTY BUILDING & PLANNING
ATTN: KIT LYON
109 8th STREET, SUITE 303
GLENWOOD SPRINGS, CO 81601
Subject: Susan Kirk, Accessory Dwelling Unit @ 0525 Cactus Flats Road
Parcel Identification Number: 23-2393-113-00-234
CLDC Well No. 3 (ID 38-5273), Permit No. 26415-F
Dear Ms. Lyon,
Bill Owons
Governor
Cres; 11. Walcher
Executive Director
Hal D. Simpson, P.E,
State Engineer
Orlyn ).bell
Division Engineer
This letter is in response to our phone conversations regarding water supply from CLDC Well No. 3 (Well
Permit No. 26415-F), for Susan Kirk's proposed Accessory Dwelling Unit (ADU). Originally I noted that this
well could not supply the ADU as currently decreed and permitted. This comment was in error. Upon further
review it appears that the CLDC Well No. 3 can supply water for the proposed ADU under the existing plan
of augmentation without having to amend the plan at this time.
CLDC Well No. 3 is to be operated in accordance with the Carbondale Land Development Corporation plan
of augmentation, Water Court Case No. 79CW97. Although some logistics and accounting issues need to be
addressed for the CLDC plan of augmentation, I believe our office can address these during future water right
court applications for CLDC Well Nos. 2-14. At this time we have no objections for the Kirk ADU water
supply being CLDC Well No, 3.
Dwiht M. Whitehead (Water Commissioner Wells)
CC Loyal E. Leavenworth
CLDC Subdivision File
TOTAL P.02
JUL, 11. 1 9 8 21AM LEA 1 'ORTH TESTER. P.
I,UYAI. E. LEAVENWORTH
CYNTI-IIA C. TESTER
GREGORY J. HALL
DAVID H. Mc.coNA1!(iHY
KELLY D. CAVF.
DAVID . MEISINGER°
TOM KINNEY
SUSAN W. LAA I'SCH
' thlut1,..1 w WI GC1sm rurl'r
•
LEAVENWORTH & TESTER. P.C.
A1TOR i1'S AT LAW
.Tuly 14, 1999
Kit Lyons
Garfield County Building & Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601.
Re: SUsile Kirk API).
Dear Kit:
1011 GRAND AVENUE
P. U. DRAWER 2030
GI,ENWOOD SPRINGS. (COLORADO 81602
TELEPHONE: (970) 945-2261
FAX: (970) 945-7336
1(1aw foopris. net
VIA FAX
I am writing to advise you that I met with the Division of Water Resources, explained the
situation, and they will he writing you a letter advising you that Susan Kirk, using her existing
well permit and decree, can serve two (2) homes on her property and up to 2,000 square feet of
lawn irrigation. Thus, the condition of approval on the ADL regarding water rights should be
resolved.
Ms. Kirk will limit her lawn irrigation to 2,000 square feet until such time as 1 have had
an opportunity to take whatever actions are necessary to allow for additional lawn irrigation.
If you have any questions, feel free to contact me.
Very truly yours,
LEAVENWORTH & TESTER, P.C.
U
Loyal E. Leavenworth
LEL:bsl
cc: Brad Zeigcl
Tom Zancanella
Susan Kirk
DICTATED BUT NOT READ
11999',L.cue:^. Menios'AIRK. yois-Itr-1 wpd
e7/4e,,,&,16L
I L, 1' 1';
.411
LOYAL E. LEAVENWORTH
CYNTHJA C. TESTER
GREGORY J. HALL
DAVID H. McCONAUGHY
KET.T.Y D. CAVE
DAVID A. ME1$INC.ER•
TOM KINNEY
SUSAN W. LAATSCH
•AAnu,l r.. Wisconsin only
To:
Company:
Phone:
Fax:
LEei„
Tu - TE.;TEk, P, ..
LEAVENWORTH & TESTER, P.C.
ATTORNEYS AT LAW
1011 GRAND AVENUE
P. O. DRAWER 2030
(iLENWOOD SPRINGS. COLORADO 51(002
TELEPHONE: ((r0) 945-22(11
FAX: (970) 945-7336
111 wCj)0pris.net
FACSIMILE TRANSMITTAL SHEET
Kit Lyons
Garfield County Building & Planning Dept -
945 -8212
945-7785
From: Loyal E- Leavenworth
Number of pages (0 be transmitted:
Document Description:
REMARK:
Date: July 14, 1999
Time: 9:24 AM
(including cover page)
NOTE: If you encounter any difficulty in receiving the total number of pages indicated
above, PLEASE CALL (970) 945-2261 AS SOON AS POSSIBLE.
ORIGINAL SENT BY U.S. MAIL
Brenda
Operator
X ORIGINAL NOT SENT
'I'J-IIS J•'AC'SIRIILE TRANSMISSION IS S'T'RICTLY CONFIDENTIAL AND IS INTENDED ONLY FOR THE INDIVIDUAL OR
ENTITY NAMED ABOVE. IF YOU IIAV'E RECEIVED TIM FACSIMILE TRANSMISSION IN ERROR, PLEASE NOTIFY THIS
OFFICE IMMEDIATELY AND RETURN TIME TRANSMISSION 7'U Us A7"I'HE ABOVE ADDRESS- THANK YOU.
l?',P)99J',,+:e51KIRi;-l.yainfi-I�s I.w�',Cl
•
RECE1pEQFiAY 2-5 1999-
.0ARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT
109 8th Street Suite 303
Glenwood Springs, Colorado 81601
Phone (303) 945-8212
INDIVIDUAL SEWAGE DISPOSAL PERMIT N° 1935
This does not constitute
a building or use permit.
Owner Dick & Susan Kirk
System Location 0525 Cactus Flats Bank Carbondale
Mike Conners Construction
Licensed Installer
* Conditional Construction approval is hereby granted for a
✓ Septic Tank or Aerated treatment unit.
Absorption area (or dispersal area) computed as follows:
zrs
Perc rate of one inch in ` L 0 minutes requires a minimum of
gallon
yz�
see JSbS
Pei -wit! --/-'4'i 3 9 3
s2 .)0 - S
�{^c9Olq�t—S—
sq ft of absorption area per bedroom.
Therefore the no. of bedrooms ` 6 22- sq ft minimum requirement = a total of / !44) sq ft of absorption area.
< 1 `3/depCGra.V'elPCc(
Date .? l / Inspector
Oh 6,8 `'1n-r4tYetft. (-3?1)i'CcL) of 68
HNAL—APPRO AL OF SYSTEM:
frt Gta - -j �►
No system shall be deemed to be in compliance with the Sewage Disposal Laws until the assembled system is approved prior to cover-
ing any part.
Septic Tank access for inspection and cleaning within 12" of ground surface or aerated access ports above ground
surface.
Proper materials and assembly.
Trade name of septic tank or aerated treatment unit.
Adequate absorption (or dispersal) area.
Adequate compliance with permit requirements.
Adequate compliance with County and State regulations/requirements.
Other
Date Inspector
RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE
*CONDITIONS:
1. All installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems
Chapter 25, Article 10 C.R.S. 1973, Revised 1984.
2. This permit is valid only for connection to structures which have fully complied with County zoning and building
requirements. Connection to or use with any dwelling or structures not approved by the Building and Zoning office shall
automatically be a violation of a requirement of the permit and cause for both legal action and revocation of the permit.
3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing
and material variation from the terms or specifications contained in the application of permit commits a Class I, Petty Offense
($500.00 fine — 6 months in jail or both.).
Applicant: Green Copy Department: Pink Copy
el—
•
H A R R Y TEAGUE AR CHI TECTS
6.24.99
Kit Lyon, Planner
Garfield County Planning Department
109 8th Street Suite 303
Glenwood Springs, CO 81601
Re: Kirk: Accessory Dwelling Unit
Irrigated Landscape Calculations
Dear Kit,
At your request, I have gone up to Susan Kirk's property on Cactus Flats Road and
surveyed the areas of irrigation. There are three distinct irrigated zones on the property.
One is the existing flower garden. This area is irrigated with small sprayers and drip
irrigation. The second area is the lawn area. It is irrigated with a Rainbird pulse
sprinkler system. The third area is the existing berm. This area does require watering
but since it has been planted with native grasses and flowers its watering requirements
are minimal.
Irrigation Area Calculations:
Existing Flower Garden = 500 s.f.
Existing Lawn Area = 3,650 s.f.
Existing Berm* = 1,500 s.f.
5,650 s.f.
If you have any further questions or need further research into this issue please contact
me.
Sincerely,
Brad Arc.'tect
Attachments:
Cc:
.1 Irrigation Plan
Tom Zancanella
Loyal E. Leavenworth
RECEIVED JUN 2 5 1999
412 N. MILL STREET ASPEN,CO 81611-1508 TEL (970) 925-2556 FAX (970) 925-7981 email hta@rof.net
15
0
LEGAL DESCRIPTION:
A PARCEL OF LAND BEING THE WEST 385 FEET
OF THE EAST 1155 FEET OF THE SE1/4, SW 1/4,
SECTION 11, T7S, R88W, 6TH RM., GARFIELD COUNTY
OWNER:
SUSAN KIRK
0525 CACTUS FLATS ROAD
CARBONDALE, COLORADO 81623
(970) 963-1514
PARK TOWERS
1299 GILPIN STREET
DENVER, COLORADO 80218
(303) 321-2999
ARCHITECT:
HARRY TEAGUE ARCHITECTS
412 N. MILL
ASPEN, COLORADO 81611
PROJECT ARCHITECT:
BRAD ZEIGEL
CONTRACTOR:
CONNERS CONSTRUCTION INC.
0172 HORSE SHOE DRIVE
BASALT, COLORADO 81621
PROJECT MANAGER:
MIKE CONNERS
SQUARE FOOTAGE OF EXISTING HOUSE = 3,086 S.F.
SQUARE FOOTAGE OF NEW GUEST HOUSE = 920 S.F.
LOT SIZE = 1,325 X 385 = 510,125 S.F. = 11.5 ACERS
IRRIGATIONED AREA CALCULATIONS
EXISTING FLOWER GARDEN = 500 S.F.
EXISTING LAWN AREA = 3,650 S.F.
EXISTING BERM* = 1 500 S.F.
TOTAL IRRIGATED = 5,650 S.F.
FIELD
INSTRUCTION
•
--0
ISTING
ECTRICAL
VER POLE
PROPEF
PROPERTY LINE
I ip
rA A R R Y
TEAGUE
ARCHITECTS
412 N. MILL ST. ASPEN, CO 91611
970.925-2556 FAX 925-7981
Ma dsopris.net
Consultant Information
CARBONDALE, COLORADO
Date
Issued For
4.9.99
Permit Set
6.23.99
Irrigation
Analysis
Project No.: 9804
Drawn By: BAZ
IRRIGATION
PLAN
A 0.1
GARFIEL•OUNTY BUILDING AND SANITATION DEPARTMENT
2014 Blake Avenue
Glenwood Springs, Colorado 81601
Phone (303) 945.8241
INDIVIDUAL SEWAGE DISPOSAL PERMIT
1393
Owner
System Location
Licensed Installer
This does not constitute
a building or use permit.
* Conditional Construction approval is hereby granted for a
/.257) gallon
K._ Septic Tank or Aerated treatment unit.
Absorption area (or dispersal area) computed as follows:
Perc rate of one inch in /)? minutes requires a minimum of -Z. sq ft of absorption area per bedroom.
Therefore the no. of bedrooms x 22 Q sq ft minimum requirement = a total of ..?_IZ--s-crft. of absorption area.
'7
May we suggest��2"�ai'.r",°�� � �G /�- k / 6 /..4" 3 � c='2 lcf" -S t' �
Date Vic: `'
Inspector �- i7 -�
FINAL APPROVAL OF SYSTEM:
No system shall be deemed to be in compliance with the Sewage Disposal Laws until the assembled system is approved prior to cover-
ing any part.
Septic Tank access for inspection and cleaning within 12" of ground surface or aerated access ports above ground
surface.
Proper materials and assembly.
Trade name of septic tank or aerated treatment unit.
i
Adequate absorption (or dispersal) area.
/ _ x "/�(' 3 ' //v
Adequate compliance with permit requirements.
Adequate compliance with County and State regulations/requirements.
Other
Date
Inspector
RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE
*CONDITIONS:
1. All installation must comply with all requirements of the County Individual Sewage Disposal Regulations, adopted pursuant to au-
thority granted in 66-44-4, CRS 1963, amended 66-3-14, CRS 1963.
2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements.
Connection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a viola-
tion of a requirement of the permit and cause for both legal action and revocation of the permit.
3. Section III, 3.24 requires any person who constructs, alters, or installs an individual sewage disposal system in a manner which in-
volves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class I,
Petty Offense (5500.00 fine — 6 months in jail or both).
Applicant: Green Copy Department: Pink Copy
.,+.v....+...1...... ..............•••--...........,.. ....,.....n..,.....,.....-..... .......- .-....-.....-.......-...........,..
Page 2
I 3-
.'� �+✓�'� INDIVIDUAL SE•E DISPOSAL SYSTEM APPLICATION•
-fSGIA DD.k) S
DDRESS P (4 73 C L -ti_cQ LO PHONE %3` 03(f
ONTRACTOR
DDRESS
PHONE
Application
Approval by
County Official:
yt
/30
ERMIT REQUEST FOR: (X) New Installation ( ) Alteration ( ) Repair
ttach separate sheets or report showing entire area with respect to surrounding areas,
topography of area, habitable building, location of potable water wells, soil percolation
est holes, soil profiles in test holes. (See page 4.)
OCATION OF PROPOSED FACILITY: County Co ile_F( L b
,ear what City of Town COLA ltYIN Q Lot Size 1 (. (Q(c Q.ci,.e-J
0-6 .e S C€ (4) V4
egal Description lO3 85.E-�- 4-f-t„o Vi+ 114'C
,1-
!ASTES TYPE:
(X) Dwelling
( ) Commercial or Institutional
( ) Other - Describe
UILDING OR SERVICE TYPE:
umber of bedrooms
Transient Use
Non-domestic Wastes
q
Number of persons $ 7
Garbage grinder (X) Automatic washer (jK) Dishwasher
OURCE AND TYPE OF WATER SUPPLY: (>C) well
(
) spring
ive depth of all wells within 180 feet of system: 01AS_
( ) stream or creek
f supplied by community water, give name or supplier: -,
,ROUND CONDITIONS:
epth to bedrock: 5 8 -tom
epth to first Ground Water Table:
ercent ground slope: `7 0/ 6
ISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: I/l,0'1E (4%tiA.6't c1v` Y'(ttD-Q IC.cp
!as an effort made to connect to community system?
-YPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED:
(><) Septic Tank
( ) Vault Privy
( ) Pit Privy
( ) Chemical Toilet
=INAL DISPOSAL BY:
(-)4 Absorption Trench, Bed
( ) Underground Dispersal
( ) Above Ground Dispersal
( ) Other - Describe:
) Aeration Plant
) Composting Toilet
) Incineration Toilet
) Other - Describe:
or Pit
( ) Vault
( ) Recycling, potable use
( ) Recycling, other use
( ) Evapotranspiration
( ) Sand Filter
( ) Wastewater Pond
!ILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE?_, D
Page 2
1 9
• •
RECEIVED JUL 2 31�TATE OF COLORADO
DIVISION OF WATER RESOURCES
WATER DIVISION FIVE
Office of the State Engineer
Department of Natural Resources
50633 U.S. Hwy. 6 & 24
P.O. Box 396
Glenwood Springs, CO 81602
Phone: (970) 945-5665
FAX: (970) 945-8741 (call first)
http://water.state.co.us/default.htm
July 21, 1999
GARFIELD COUNTY BUILDING & PLANNING
ATTN: KIT LYON
109 8th STREET, SUITE 303
GLENWOOD SPRINGS, CO 81601
Subject: Susan Kirk, Accessory Dwelling Unit @ 0525 Cactus Flats Road
Parcel Identification Number: 23-2393-113-00-234
CLDC Well No. 3 (ID 38-5273), Permit No. 26415-F
Dear Ms. Lyon,
Bill Owens
Governor
Greg E. Walcher
Executive Director
Hal D. Simpson, P.E.
State Engineer
Orlyn J.Bell
Division Engineer
This letter is in response to our phone conversations regarding water supply from CLDC Well No. 3 (Well
Permit No. 26415-F), for Susan Kirk's proposed Accessory Dwelling Unit (ADU). Originally I noted that this
well could not supply the ADU as currently decreed and permitted. This comment was in error. Upon further
review it appears that the CLDC Well No. 3 can supply water for the proposed ADU under the existing plan
of augmentation without having to amend the plan at this time.
CLDC Well No. 3 is to be operated in accordance with the Carbondale Land Development Corporation plan
of augmentation, Water Court Case No. 79CW97. Although some logistics and accounting issues need to be
addressed for the CLDC plan of augmentation, I believe our office can address these during future water right
court applications for CLDC Well Nos. 2-14. At this time we have no objections for the Kirk ADU water
supply being CLDC Well No. 3.
Dwight M. Whitehead (Water Commissioner Wells)
CC Loyal E. Leavenworth
CLDC Subdivision File
• •JUN -22-1999 09:47 SIU 5 LITR RESOURCES
•
IN THE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. 7aCW97
IN THE MATTER OF THE APPLICATION
FOR WATER RIGHTS OF CARBONDALE LAND
DEVELOPMENT CORPORATION
IN THE ROARING FORK RIVER
OR ITS TRIBUTARIES
TRIBUTARY INVOLVED: CATTLE CREEK
IN GARFIELD COUNTY
1 303 866 5415 P.04/12
FI LED
IN WATER COURT
Division No. 5
0j 2 19S0
STATE .OF COLORADO
WATER.CLERK
BY DEPUTY .......
RULING OF REFEREE
i
The above entitled application was filed on April 30, 1979,
MOO an addendum was filed on May 14, 1979, and were referred to the
undersigned as Water Referee for Water Division No. 5, State of
Colorado, by the Water Judge of said Court on the 18th day of May,
1979, in accordagce with Article 92 of Chapter 37, Colorado Revised
Statutes 1973, known as the Water Right Determination Act of 1969.
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 fully advised with respect to
the subject matter of the application does hereby make the following
determination and ruling as the Referee in this matter, to -wit:
1. 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. 79CW67;
(b) Morris Well No. 1, adjudicated by this Court in
Case No. 79CW68;
(c) M/K Well No. 1, adjudicated by this Court in Case
No. 79CW66; and
(d) CLDC Well No. 1 through CLDC Well No. .14, adjudi-
cated by this Court in Case No. 79CW96.
3. The name of the claimant and address is Carbondale Land
Development Corporation; c/o Musick, Williamson, Schwartz, Leavenworth &
Cope, P. C., P. O. Drawer 2030, Glenwood Springs, CO 81601.
4. The source of the water is from wells tributary to Cattle Creek,
tributary to the Roaring Fork River.
5. The Legal descriptions of the locations of the wells are
as follows:
(a) Clark well No. 1 is located in the SWaNWa of Section 17,
T.7S., R.87W. of the 6th P.M. at a point 250 feet East
13k
JUN -22-1999 09:47
111
IU 5 WTR RESOURCES 1 303 866 5415 P.05/12
III
of the West line and 2,310 feet South of the North
line of. said Section 17.
(b) Morris Well No. 1 is located in the SE4SWk of Section 11,
R.87W. of the 6th P.M. at a point 660 feet North
/z//• of the South line and 2,062 feet East of the West line
sus Fac-, of said Section 11.
() R"S (c) M/K Ranch Well No. 1 is located in the NEQNW4 of
Section 17, T.7S., R.87W. of the 6th P.M. at a
point 300 feet South of the North line and 1,00
feet East of the West line of said Section 17.
(d) CLDC well No. 2 is located in the SWkSW1/4 of
Section 11, T.7S., R.8$W. of the 6th P.M. at a
point which bears N.11 00'05" E. a distance of
1,200 feet from the Southwest corner of said
Section 11.
(e) CLDC Well No. 3 is located in the SEaSW' of
Section 11, T.7S., R.88W. of the 6th P.M. at a
point which bears N.51°01'11" E. a distance of
2,000 feet from the Southwest Corner of said
SectC n 11.
(f) CLDC Well No. 4 is located in the NANW4 of
Section 14, T.7S., R.88W. of the 6th P.M. at
a point which bears S.51°29'53" E. a distance of
580 feet from the Northwest Corner of said Section 14.
(g) CLDC Well No. 5 is located in the NEkNW; of
Section 14, T.7S., R.88w. of the 6th P.M. at a
point which bears S.86°53'46" E. a distance of
1,880 feet from the Northwest Corner of said
Section 14.
(h) CLDC Well No. 6 is located in the NWQNEk of
Section 14, T.7S., R.88W. of the 6th P.M. at a
point which bears S.87°53'37" E. a distance of
4,200 feet from the Northwest Corner of said
Section 14.
(i) CLDC Well No. 7 is located in the NEaNWa of
Section 14, T.7S., R.8$W. of the 6th P.M. at a
point which bears S.50 35'30" E. a distance of
2,290 feet from the Northwest Corner of said
Section 14.
(j) CLDC Well No. 8 is located in the SW4NE4 of
Section 14, T.7S., R.8$W. of the 6th P.M. at a
point which bears S.48 59'02" W. a distance of
3,540 feet from the Northeast Corner of said
Section 14.
(k) CLDC Well No. 9 is located in the SW;SWo of
Section 14, T.7S., R.88W. of the 6th P.M. at a
point which bears N.9°18'03" E. a distance of
1,030 feet from the Southwest Corner of said
Section 14.
(1) CLDC Well No. 10 is located in the SEaSWa of
Section 14, T.7S., R.88W. of the 6th P.M. at
a point which bears N.64002'11" E. a distance of
2,810 feet from the Southwest Corner of said
Section 14.
-2-
• JUN -22-1999 09:47 SIU 5 ITR RESOURCES
•
1 303 866 5415 P.06/12
(m) CLDC Well No. 11 is located in the SW'SEa of
Section 14, T.7S., R.88W. of the 6th P.M. at
a point which bears N.82°12'09'6 distance of
3,530 feet from the Southwest Corner of said
Section 14.
(n) CLDC Well No. 12 is located in the SW4SW4 of
Section 14, T.7S., R.88WO of the Gth P.M. at
a point which beras N.85 42'23" E. a distance of
1,280 feet from the Southwest Corner of said
Section 14.
(o) CLDC Well No. 13 is located in the NW;NE; of
Section 23, T.7S., R.88W. of the Gth P.M. at
a point which bears S.51°05'48" W. a distance of
1,920 feet from the Northeast Corner of said
Section 23.
(p) CLDC Well No. 14 is located in the SE4Nw4 of
Section 23, T.7S., R.88W. of the 6th P.M. at
a point which bears S.48°56'53" W. a distance
of 3,830 feet from the Northeast Corner of
said Section 23.
6. This is an application for approval of a Plan for ,Augmentation
and Change of Water Rigths for the purpose of providing water to satisfy
senior water rights when the above-described wells are producing out
of priority.
7. Statements of Opposition were timely filed by Union Oil
Company of California and by the Colorado River Water Conservation
District, and as a result, on July 31, 1979, the Application was
re-referred by the Water Reseree to the Water Judge for Water Division
No. 5.
8. On October 2, 1979, the Statement of Opposition of the
Colorado River Water Conservation District was withdrawn.
9. On August 21, 1979, an Entry of Appearance was filed by the
Park Ditch Company, David Stroock and John Sutey.
10. On January 29, 1980, the Applicant and Daniel Stroock,
John Sutey, and the Park Ditch Company filed a stipulation containing
the following pertinent provisions:
A. Stroock, Sutey, and Park agree to withdraw their
appearance in Case No. 79CW97, and to permit the use of 5
shares out of the 8 shares otaiged by the applicant in the manner
proposed by the plan for augmentation. Park further agrees
immediately to make all necessary entries on its corporate
books and records to recognize applicant as the owner of
8 shares of the capital stock of Park.
B. Applicant agrees, on behalf of itself, its successors
and assigns, to permit Park to exercise sole administrative control
over the delivery of water to Park or to the Division Engineer,
Water Division No. 5, pursuant to said plan for augmentation,
and to pay to Park any costs of administration incurred by Park
by virtue of said plan for augmentation. Applicant also agrees
to continue to pay the normal assessments levied annually by
Park for the usual operation and maintenance of Park's irrigation
system. Applicant agrees that in the event it should fail within
sixty (60) days to remit to Park any assessments or other
charges properly assessed to applicant, Park shall provide
notice of such failure to applicant and to the Division Engineer,
JUN -22-1999 09:48 DIU 5 WTR RESOURCES
•
1 303 866 5415 P.07/12
and that if such amounts are not paid or otherwise resolved
within ninety (90) days following such notice the Division
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 augmentation as directed by the Division
Engineer
'C': In order to enable Park to seek appropriate and
necessary approvals of the Water Court, Water Division
No. 5, to permitthe use of all water rights owned by
Park for domestic uses as well as the existing agricultural
uses, applicant agrees to pay the cost of an engineering
study to be performed by Western Engineers, Inc., in
accordance with the proposal attached hereto as Exhibit A. ATTi9CN� D
Upon receipt of the results of said study, Park agrees to ho-S400[471i
institute appropriate proceedings in said Court; applicant
agrees to support such application when filed.
11. The Applicant and Union Oil Company of California have
reached an agreement in the form of a proposed consent decree, the
pertinent parts of which have been incorporated in this Ruling of
Referee.
12. As a result of the Stipulation and the proposed Consent
Decree which have been filed in this matter, on April 22, 1980, the
Application was again referred to the Water Referee by the Water
Judge for Water Division No. 5.
13. Carbondale Land Development Corporation is engaged in
the development of approximately sixty-nine (69) lots for single-
family residential development to be located on property owned by
CLDC situated on four (4) tracts of land encompassing approximately
476 acres, more or less, located in parts of Sections 11., 14, and
23, Township 7 South, Range 88 West of the 6th P.M. (hereinafter
referred to as "CLDC Property"). CLDC has also entered into agreements
with others for the inclusion in this plan of an additional three (3)
single-family residences to be located on property owned by them and
situated within Section 17, Township 7 South, Range 87 West of the
6th P.M. (hereinafter referred to as "Agreement Properties"). Thus,
a total of no more than seventy-two (72) single-family residences will
be included within this plan for augmentation.
14. Applicant proposed to utilize a total of sixteen C16). wells
to supply water to the 72 lots. Thirteen wells will service 69. of the
lots through a central water system; the remaining 3 wells will be
domestic wells located upon and servicing individual lots. The wells
involved herein are as described in Paragraph 2 above, at the locations
as described in Paragraph 5 above.
15. On the basis of year-round occupancy by 3.5 persons per
lot (252 persons), each utilzing 90 gallons of water per day, the annual
diversion requirement form the wells involved herein for in-house uses
will be approximately 25.40 acre-feet.
Lx `�.�� "
3, to t5
f c
1,. The waste water generated from thefl is will b67S64 rae(S
e disposed l 4-
of through individual septic tank and leachfield disposal systems de-
signed to minimize evapotranspiration. The consumptive use of water
used for in-house purposes is estimated to be 12% of the amount diverted,
or a maximum of 3.05 acrefeet per year. The remainder of the water
diverted through the wells for in-house
purposes
to the Cattle Creek watershed. Of the 3.05 acre-feet so consumed,
1.52 acre-feet will be consumed during the period May through October,
when the Park Ditch has historically been used for irrigation and
the wells are not expected to be permitted to divert water under their
own decreed priorities. The remaining 1.53 acre-feet will be consumed
during the period November through April, when the wells are expected
to be permitted to divert water under their own decreed priorities.
JUN -22-1999 09:48 SIU 5 IJTR RESOURCES
•
1 303 866 5415 P.08/12
17. Applicant shall adopt restrictive covenants and deed
restrictions binding upon subsequent purchasers and current owners
for each lot or parcel involved herein which will limit the use
of water from the wells as follows: three (3) lots, the Agreement
Property, shall be permitted to irrigate no more than 2,500 square
feet of lawn and gardens each; the remaining 69 CLDC lots shall be
permitted to irrigate no more than 1,000 square -feet of lawns and
gardens per lot. There will, thus be a total of 1.76 acres of
irrigated lawn and garden area with a diversion requirement of
5.27 acre-feet and a consumptive use of 3.51 acre-feet, annually.
This 3.51 acre-feet of consumption will occur during the period
May through October, when the Park Ditch water rights have his-
torically been used for irrigation and the wells are not expected to
be permitted to divert water under their own decreed priorities.
18. Applicant further proposes to permit residents of 39 lots
only to maintain no more than two (2) horses per lot; no other livestock
shall be permitted. Based upon 11 gallons of water per day each,
assuming 100% consumption, there will be an additional 0.96 acre-feet
of, water consumed each year. Of this, 0.48 acre-feet will occur during
the historic irrigation season and 0.48 acre-feet during the historic
non -irrigation season.
19. The total consumption of water as a result of Applicant's
development and the three (3) additional lots included within this
plan is, therefore, expected to be as follows:
May -Oct Nov-ApE Total
Inhouse 1.52 1.53 3.05
Irrigation 3.51 0 3.51
Equestrian 0.48 0.48 0.96
Total 5.51 2.01 7.52
20. Applicant is the owner of, and shall cause to be committed
for augmentation purposes hereunder, five 15.) ,. sharesof the. capital
stock of the Park Ditch and Reservoir Company. Historically,,,
share of stock has entitled the owner to an annual average yield of
approximar72.4 acre-feet of water in storage in the Consolidated
Reservoir and 31.44 acre-feet of water under the direct flow water
rights adjudicated to the Park Ditch.
21. Applicant's 5 shares of stock in the Park Ditch have
historically been used to irrigate approximately thirty-two (32).
acres of alfalfa and native hay meadow. Under irrigation practices
typical of the area, the average consumptive use per acre has been
1.5 acre-feet per year, or a total of 48 acre-feet for the Applicant's
five (5) shares.
22. The location of the thirty-two (32) acre tract historically
irrigated as set forth above is generally described as being in
the South Half (S1) of Section 14, Township 7 South, Range 88 West
of the 6th P.M.
23. This Plan for Augmentation will make 48 acre-feet of water
available to Cattle Creek each year to replace depletions from the
wells, thereby permitting Applicant to divert through the wells during
periods when the wells could not legally divert under their own
decreed priorities, without causing injury to other water rights.
Applicant will consumptively use a maximum of.5.51.._.acremXeQt of
water per year through said wells during the period May through
October, when the wells are expected to be unable to divert water
under their own decreed priorities. Therefore, 42.49 acre-feet of
consumptive use per year will be available to the Applicant by virtue
of the 5 shares for additional use.
-5-
•JUN -22-1999 09:49 DIU 5 UTR RESOURCES
1 303 866 5415 P.09/12
24. The operational schedule of this plan for augmentation
shall be as follows:
(a) Water required for augmentation purposes hereunder
will be diverted through the Park Ditch in accordance with
the provisions herein.
(b) During the months November through April, inclusive,
the Applicant is expected to be entitled to divert sufficient
quantities of water under the wells' own 1979 water rights,
and augmentation of such diversions shall not be required.
(c) During the months May through October, inclusive,
Applicant shall cause to be released through the Park Ditch
5.51 acre-feet of water, 3.39 acre-feet during the months of
May, June, and July by virtue of the Applicant's interest in
the water rights decreed to the Park Ditch, and 2.12 acre-feet
during the months of August, September, and October by virtue
of Applicant's interest in the water right decreed to the
Consolidated Reservoir, through an augmentation station to be
constructed by Applicant with the approval of the Division
Engineer and Objector Union Oil Company, to be operated by.
the Park Ditch Company. Said releases shall be made at such
times and in such amounts as are directed by the Division
Engineer.
(d) Applicant shall permanently remove from irrigation
the 32 acres of land historically irrigated by the 5 shares of
Park Ditch stock.
25. The Park Ditch water rights may be changed from irrigation
use purposes to domestic, irrigation, augmentation, exchange, and all
other beneficial purposes for use herein without injuriously affecting
any owner of or person entitled to use vested water rights or decreed
conditional water rights.
26. If the Plan for Augmentation is operated and administered
in accordance with the above -detailed description, it will have the
effect of replacing water in Cattle Creek and its successor streams
at the time and place and in the amounts of the depletions caused
by the development's use of water. As a result, the underground water
to be diverted by the wells set forth in Paragraph 14, above, which
would otherwise be considered as fully appropriated and unavailable
for use, will now be available for appropriation without adversely
affecting anv owner of or person entitled to use vested water rights
or conditionally decreed water rights On Cattle Creek, its tributaries
or successor streams.
27. All current and subsequent purchasers of CLDC and Agreement
Property as hereinabove described will be bound by the terms of the
decree in this matter, and the decree shall be filed of record in
Garfield County and thereby constitute a covenant running with the
land. The deed restrictions and restrictive covenants running with
the property involved herein shall allow the use of water only as
set forth in this plan for augmentation and shall prohibit all other
uses.
28. The Referee finds that the imposition of the conditions
set forth herein, wells for the described purposes only may be con-
structed and utilized without adversely affecting any vested water
rights or decreed conditional water rights on Cattle Creek, its
tributaries, or successor streams, and that, by the institution
of the plan for augmentation and change of water rights herein
approved, ' CC;EDC, owners of the Agreement Property,
their
successors or assigns may secure permits for use and suchpwells sor,
other structures without adversely affecting any vested water rights
on Cattle Creek, its tributaries or successor streams and without the
JUN -22-1999 09:49
IU 5 WTR RESOURCES 1 303 866 5415 P.10/12
411
necessity of administering or curtailing the withdrawal of water
therefrom, so long as the conditions outlined herein are met. It
is specifically found that this plan for augmentation, based upon
the average historic consumptive Use of 48 acre-feet from the five
shares of Park Ditch Company stock which is the subject hereof, will
prevent injury to other water rights as a result of the diversions
of water to supply the 72 lots, however no plan for augmentation
for other properties or structures utilizing the 42.44 acre-feet
of excess historic consumptive use is determined or decreed hereby.
29. The plan for augmentation and change of water rights set
forth herein is one contemplated by law. The Applicant is entitled
to a decree approving the Plan for Augmentation and change of water
Rights set forth above.
30. The change of water rights and operation of the Plan for
Augmentation involved herein will cause unappropriated water to be
available for the Applicant to divert through the water rights to be
augmented as set forth hereinabove; the availability of unappropriated
water to the stream will permit diversions through said structures
without injuriously affecting owners of or persons entitled to use
water under vested water rights or decreed conditional water rights,
including Objectors herein, provided said structures are operated
in accordance with the Plan for Augmentation and Change of Water
Rights herein involved.
31. The Park Ditch water rights utilized pursuant to this Plan
for Augmentation shall not be deemed abandoned pursuant to the commitment
of said shares in the Plan for Augmentation involved herein.
32. This Ruling of Referee and decree constitute a portion of
the law required to be enforced by the State Engineer and Division
Engineer within the meaning of C.R.S. 1973, 37-92-202(2), 37-92-301,
and 37-92-501(1). The State Engineer may lawfully be required under
the terms of this Ruling of Referee and decree to administer the
Plan for Augmentation in the manner set forth herein and not to
curtail diversions, in times of shortage, through said structures,
the depletions for which are compensated by the operation of the
Plan for Augmentation and Change of Water Rights herein approved.
The Division Engineer may lawfully curtail diversions through said
structures included herein if they or other features of this Plan for
Augmentation are being operated or used in violation of the terms and
conditions as outlined herein.
The Referee does therefore conclude that the above -entitled
Application for Approval of Plan for Augmentation and Change of Water
Right should be approved, and the structures as described herein may
be operated in accordance with this Plan
State administrative curtailment for the
for Augmentation,
benefit of senior
without
appro-
priations, so long as the terms and conditions herein set forth are
fully adhered to throughout the operation of this Plan for Augmentation,
and that the State Engineer shall issue permits for the wells, pursuant
to C.I.S. 1973, Section 37-90-137, subject to the conditions that said
wells shall be equipped with totalizing flow meters, shall be
only in accordance with the Plan for Augmenation as set forth
operated
herein,
and diversions shall be curtailed through said structures included
JUN -22-1999 09:50
DIU 5 LJTR RESOURCES 1 303 866 5415 P.11/12
herein if they or other features of this Plan for Augmentation are
being operated or used in violation of the terms as set forth herein.
This plan for augmentation shall not become effective, and no well
permit shall be issued based upon it nor shall existing wells be
protected by it, until all structures and devices required as
described herein have been constructed and are operating.
Applicant, its successors and assigns, shall 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 well
permits for the 72 single family residences are applied for and Applicant,
its successors or assigns, desires to put to use the 42.49 acre-feet
of additional historic consumptive use determined to be available
hereby. Applicant, as the direction of the Division Engineer, will
terminate the historic irrigation of 32 acres at such times and to
such extent as are necessary to, limit the consumption of water from
the subject five shares for all purposes including the subject wells
to no more than 48 acre-feet per year.
It is accordingly ORDERED that this ruling shall be filed with
the Water Clerk and shall become effective upon such filing, subject
to Judicial review pursuant to Section 37-92-304, C.R.S. 1973.
It is further ORDERED that a copy of this ruling shall be filed
with the appropriate Division Engineer and the State Engineer.
Done at the City of Glenwood Springs, Colorado, this Z9 71
day of 404,0f5)," , 1960.
No protest was filed in this matter.
The foregoing ruling is confirmed
and approved, and is made the
Judgment and D cree of t
Doted:
WATER Ju
BY THE REFEREE:
ter Referee
Water Division No. 5
State of Colorado
JUN -22-1999 09:50
DIU 5 IAJTR RESOURCES 1 303 866 5415 P.12/12
1
'7gC1:4)091
r
000r. 591 nr,E2S7
No protest was filed in this matter, and accordinglil.the
foregoing ruling is confirmed and approved, and is made the'Judgment
and Decree of this court; provided, however, that the approval of
this change of water right and Plan for Augmentation shall be subject
to reconsideration.by the Water. Judge on the question of injury to the
vested rights of others during any hearing commencinq in the—X,,,,
calendar years succeeding the year in which this is'rendered.
1
, .
TOTAL P.12