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Home My WebLink About2.0 CorrespondenceSTATE O LOruDo o FCO DIVISION OF WATER RESOURCES WATER DIVISION 5 Office of the State Engineer Department of Natural Resources PO. Box 396 (50633 U.S. Hwy 6 & 24) Clenwood Springs, CO 81 602 Phone (970) 945-5665 FAX (970) 945-8741 (call first) www.water.state. co. us ?003 ORDER FOR INSTATL.I\TION OF HEADGATES AND STIITABLE MEASURING DEVICES Bill Owens Covernor Creg E. Walcher. Executive Director Hal D. Simpson, PE. State Engineer Alan C. Martellaro, PE. Division Engineer FOR IN-PERSON PICK.UP WATER DISTRICT:A< TO O\1NER(S): Ms. Jacee Johnson 6107 County Road 309 Parachute, CO 81635 Section 37-84-112, C.R.S. 1973, as amended, provides in pad: "The owners of any irrigation ditch, canal, flurne, or reservoir in the State, taking water from any strearr! shall erect where necessary and maintain in good repair, at the point of intake of such ditch, canal, flume, or reservoir, a suitable and proper head gate of height and sfiength and with embankrnents, sufficient to control the water at all ordinary stages and suitable and proper measuring flume, weirs, and devices, and shall also erect and maintain in good repair suitable waste gates where necessary in connection with such ditch, canal, flume, or reservoir intake..." In accordance with the statute stated above, you are directed and ordered to: Install an operable head gate that will seal, lock and also will allow your domestic water right of 8gpm of time to flow into your domestic pipeline located at your point of diversion of the Canary Bird Ditch, ID 539. Furthermore, install a measuring deyice of sufficient size to accurately measure the 8gpm of time of water allowed to flow into aforementioned domestic pipeline. Construction shall be completed by April 15,2004.If not completed by this date, NO water shall be allowed to flow into the domestic line until this order is complied with. The Division Engineer or Water Commissioner vt ill supervise the installation of the measuring device. Please contact James R. Lemon at 910-625-23 17 to schedule an inspection of the construction. The Water completed. Dated this Commissioner shall refuse to permit use of water until the matter set forth in this Order has been Ia-fly' J * day of December 2003. Alan C. Martellaro, P Division Engineer cc: James R. Lemon, Water Commissioner 4tilLL NNING LCT(ADO o STATE OF CO DIVISION OT WATTR RESOURCES WATER DIVISION 5 . ,'' : Office of the State Engineer Department of Natural Resources PO. Box 396 (50tr33 U.S. Hwy 6 & 2a) Clenwood Springs. CO 81602 Phone (970) 945-5665 FAX (970) 945-8741 (call first) www.water.state.co. uS January L9, 2004 200\ Bill Owens Covernor Creg E. Walcher Executive Director Hal D. Simpson, PE. State Engineer Alan C. Martellaro, PE Division Engineer Fred Jarman Garf ield Count.y Building & Planning Dept. 108 8th Street Glenwood Springs CO 81501 Re: Jacee Johnson permit Dear Mr. .Jarman: I made another field inspection of the Canary Bird Domestic water and found an accept.able and workj-ng measuring device for the eight gallons per mj-nute of time t.hat is decreed to Ms. Johnson. To my knowledge she has met Conditlon Five of the Johnson Special Use Permit that the Garfield County Commissioners placed on it. Please contact me if additional information is needed. Water Commissioner 6343 County Road 301 Parachute CO 81535 cc: ,-Jacee Johnson Sincerely, %; (,4**n* fio* ,j,u*"= R. Lemon FROI'1 : mPRESS rnk. o FAX ND. : e?a-62s-8843 O. t' 28,65 D-7iL7Pt1 P? -/ / -5/b/ae (p,ofut- ({;fnuu,t tlqs , ui , .i- 14o,, I J, l, ^ t l// tr t/,n t d h A,l n* -'f,to r/ t I /trl-v-hot-n [rirfhr,lt.lltt*tthtra -ll Urn {lmnu !bnn',n l?t tt/-aru-)-.!v'-€v:'\tu1/'rtrX------ . [:'-, -= t,'sttnvttr fiv1rl/ttvvv'v l{t 1'/,,, n, lr?ilnnmt {)- . ^ .1, V, o.- Un%- \J.v r.urn,',rv t-lUUlU.L t Itfi. lWWt M7"Urn- tA lla tnz 'Y'ull?ludU': /rl,l tv/L/^,, \ ) /-.... -.J-' -/ ?- ,*1,Aa,LL- -t- ^I -i),,- / .t,,1D -t)t,t,*t',f ,fJn* ,/rrna -/?1-a1t\t+l. ./iJWAs/ *Fv v.. (/NV J v ' v v lw vv- ff-/tt ^-lryA{a , rt l),fitmul.t)tlIvt 0,/./) - J/t.a, ,'.-:-vl a/qv V ry/ UrVr,..7 ry.w- -r tr3$<.rrv*1 t'ry 4/r-- k 01ta1,o a- ,furrperWf --/^4 a-t nLI, b*/ . Ab"W ry cDL ?t/oyl ;"i*, eanuno,t'-*o' //4/.ryfi,,,114 oiii.wafu^Li 4r/rilr/ ,ilu L-dJ/uacta -#,{; nrJ ?,^,- -0 [ o FAX ND. : e7EF625-4843 o. ,, 2a@5 a?ilznl P3 TuJ/tL fut'ttt w*' 76 */, * -t*rr| *!e!/d-- lynztao fruu -fd/r,rAd" -{oi,' aiL' fi**ullW /, hh loUUU<fr,/ 3 c?- gt/"b{ qZo* b75 /bb 7 ,rrife- ffib .wfrw 6acrq -nand{/d- -{t/ d/tu' {^/rrr* rzvL,ltnur fr'r4a{f -ta u?nkfL !l' -ur-, -^aA^A, .t,, I^a* @d *-t ^/-r-'--.-l0 t,tntJ l'1, LM .r,,.r/ Jecfr 7d** -tt*r--4f ua'u{ 4'/'e- /" * run=rrk;cl "- #n[r!!/b V*,-*fu*tYt/ freot€/;/e, r -4a*;f 'W* I a;-+/,r-L. da upta,r,rtt ,t lp ail";rrg*- FROI',1 : mPRESS rnk. FRON:mPRE55tnk.FAX ND- : 974-€,25-48.13 6373 Counly Boad 309 Parachute, Colorado 81635 Augusl 7,?AAs - --Garfield County Board of Commissioners_> Garfield County Building and Planning Department Colorado Division of Water Flesources Gentlemen: On Decembsr .lZ, 2003, a public hearing before the commissioners was held regardin$ a special use pe,Tnll lor Jaycee Johnson's property. Among the conditions wsre: (4) prior to isiuahce of the splcial use permit, a wrltten letter trom Division of Water lResources regarding the r,vater rights shall be provided; (5) prior to issuance ot the special use permit or building permat, prool ol compllanrce wftn the lgga Case g4cvo74 decree (measuring device and rastrictive flow devica installation) shall be provided by the applicant, Jaycee Johnson. It is our understanding that Elaine Allen, who was at the meeting as Jaycee Johnson, has been given a certilicate of occupsncy without comftying with tha terms of the special use permit. How could she get the co when the Building permit couldn,t be issued witfrout compliance with the slated terms ol the Special Use Permit? Her representatlons in the appliation and hearing (that are approval conditions) are not accurato. At the heailng, it was clear the terms of the Judgment and Decree were not met. Nothing has changed with the measuring device aird restrictive flow device since befare the commissioners hearing, so Ms- Johnson/Allen knowingly remains in violation of those orders, The fourth provision required a letter lrom the Division of Water Resources regarding thg wltei rights on this issue, which has not been done. Mr. Janes Lemon sent a letter dated January 19, 2N4, that the decree conditions had heen met, Mr. Lemon is not a registered engineer and is not the applicant. Most importarntly, in his official capacity with the DiviEion of Water Besourcss he certified conditions were met that still haven't been donel ln the commissioners rfieeting, conditions wele clearly delined and still hav€ not been met, How on earth could the special use permit have been given, let alone the Ouitaing permit which required the special use pelmit or the ceftilicateofoceupancythalrequiredavalidbuildingpermit?? h is disturbing the promises /nado in the hearing weren't k6pt. we depanded o! th" county agencies to meet the permitconditioni ino they failed. More disturbing isthat Ms. Johnson along with Mr- Lemon intentionallv subverted the permit process and should be held .c"ountibte and penalized. we want a professronal sngineer to stlpply independenr proof the original requirements of lhe measuring device and restrictive tllow device are done in compliance with rhe legal decree. rur*rer, we wani to know in writ-ing what actions are taken lto remedy this rnatter and prevent similar failures in the future' 'ilat(Mrs ) EVelyn R. Scottpry (Mr.) Eugene R. Scott t4utu a? 2aa5 a7:1aPN P7 cc: Ms. Sherry Caloia' Esq' STATE o OF coloruDo DIVISION OF WATER RESOURCES WATER DIVISION 5 Office of the State Engineer Department of Natural Resources PO. Box 396 (50633 U.S. HwY 6 & 241 Clenwood Springs, CO 81602 Phone (970) 945-5665 FAx (970) 94s-8741 www.water.state.co, us October 13. 2005 ocT 1 4 2005 Bill Owens Covernor Russell George Executive Director Hal D. Simpson, PE. State Engineer Alan C. Martellaro, PE. Division EngineerMr. Fred Jarman, Assistant Director Garfield County Building & Planning Department 108 8t1'Street, Suite 201 Glenwood Springs, CO 81601 Re: Canary Bird Ditch, Special Use Permit for Jacee.Tohnson Dear Mr. Jarman: The purpose of this letter is to respond to your letter dated September 13, 2005 regarding the Special Use Permit for Jacee Johnson. Your letter questioned a field inspection conducted by Mr. Jim Lemon, Supervising Water Commissioner in Water Districts 39 arrd 45, on the Canary Bird Ditch. The purpose of Mi. Lemon's field inspection was to assist Garfield County in determining if Condition No- 5 of Jacee Johnson's Special Use Permit had been met. There is a long history with this water right that may need to be brought forward into this letter to help explain 5o11-1" of th" confusion. In Case g4CV7 4, the judg,e determined ownership of the water right and that 8 gallons per minute (Spm) of water can be used for insidr: two single-family residences and for stockwater pri.por"r.- The judge alio determined that the Sgpm can be divided between the two P,roperties as the owners ugr"". In your letter approval for a Special Use Permit dated in December 9,2003 Condition No. 5, you state th-e applicant must insiait a measuring device and restrictive flow device for the 8gpm. I would assume this is the measuring device at the headgate -- not the split of the 8gpm between the two residences based on Case 94CV74. Based on your letter questioning Mr. Lemon's field inspection, I conducted my own field inspection on Septembei 16,2005. Those in attendance were Jack Fam.s, Gary and Gloria Martin, lEvelyn and Eugene Scbtt, Jim Lemon and myself. At r.his field inspection, I noted the splitter box was inr;talled at the headgate and, based on my observations, it had been installed for some time. I measured the split in flow of the Canary Bird Ditch to the Farris and Johnson residences and I did measure 8gpm. In preparation for writing this letter, I read the minutes of the Garfield County Commissioners meeting on Seitember lZ,ZOO5 in wtrictr Ms. Evelyn Scott and Chairman Martin questioned the installation of the splitter box. I would assume this meeting is what prompted your letter dated September 13, j1005' On September 16, 2005 when I conducted my inspeition of the splitter box at the headgate, Ms. Scott was present. I asked her if she had ever been to the hladgate since the splitter was constructed. She said no. Mr. Farris, who was also on the inspection, had stated he remembered constructing the splitter in November/December of 2003. Jim Lemon wrote his letter dated January lg,2OO4 stating "he had inspected the Canary Elird domestic water and found an acceptable and working measuring device for the eight gallons per minute of time." Based on my field inspection and conversations with Mr. Farris, I have no reason to believe Jim Lemon's letter and statements are incorrect. I can only assume that Commissioner Martin in the Septemlter 72,2005 meeting was referring to the 4gpm splitter box between the two neighbors (Johnson and Farris) had not been installed- sTArE OPCOLOTUDO DlvlSlON OF WATER RESOURCES I iLt WATER DIVISION s t., Lf,t' office of the state Engineer f^ i'' - il^,)Department of Naturil Resources n 1' PO. Box 396 (50633 U.S. Hwy 6 & 2a) t/ i . - Clenwood Springs, CO 81602 . ,f . cL?iHt)3i3i?i;,;?* 1- , {i /6"rcb,, 13.200s www.water.state.co.us h n' ., '' ocr 1 4 2005 Mr. Fred Jarman, Assistant Director Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 T) -.Canary Bird Ditch, Special Lise Perrnit for .Tacee Johnson Dear Mr. Jarman: The purpose of this letter is to respond to your letter dated September 13,2005 regarding the Special Use Permit for Jacee Johnson. Your letter questioned a field inspection conducted by Mr. Jim Lemon, Supervising Water Commissioner in Water Districts 39 and 45, on the Canary Bird Ditch. The purpose of Mr. Lemon's field inspection was to assist Garfield County in determining if Condition No. 5 of Jacee Johnson's Special Use Permit had been met. There is a long history with this water right that may need to be brought forward into this letter to help explain some of the confusion. In Case 94CY74, the judge determined ownership of the water right and that 8 gallons per minute (gpm) of water can be used for inside two single-family residenc,es and for stockrvater purposes. The judge also determined that the 8gpm can be divided between the two p,roperties as the owners agree. In your letter approval for a Special Use Permit dated in December 9,2003 Condition No. 5, you state the applicant must install a measuring device and restrictive flow device for the 8gpm. I would assume this is the measuring device at the headgate -- not the split of the Sgpm between the two residences based on Case 94CV74. Based on your letter questioning Mr. Lemon's field inspection, I conducted my own lield inspection on September 16,2005. Those in attendance were Jack Farris, Gary and Gloria Martin, lEvelyn and Eugene Scott, Jim Lemon and myself. At this field inspection, I noted the splitter box was ins;talled at the headgate and, baseci on my observarions, ii had been instaiied for somc iime. I ineasureci iire split irr flow of the Canary Bird Ditch to the Farris and Johnson residences and I did measure 8gpm. In preparation for writing this letter, I read the minutes of the Garfield County Commissioners meeting on September 72,2005 in which Ms. Evelyn Scott and Chairman Martin questioned the :installation of the splitter box. I would assume this meeting is what prompted your letter dated September 13, i1005. On September 16, 2005 when I conducted my inspection of the splitter box at the headgate, Ms. Scott was present. I asked her if she had ever been to the headgate since the splitter was constructed. She said no. Mr'. Farris, who was also on the inspection, had stated he remembered constructing the splitter in November/December of 2003. Jim Lemon wrote his letter dated January 79,2004 stating "he had inspected the Canary Etird domestic water and found an acceptable and workrng measuring device for the eight gallons per minute of time." Based on my field inspection and conversations with Mr. Farris, I have no reason to believe Jim Lemon's letter and statements are incorrect. I can only assume that Commissioner Martin in the September 12, 2005 meeting was referring to the 4gpm splitter box between the two neighbors (Johnson and Farris) had not been installed. Bill Owens Covernor Russell Ceorge Executive Director Hal D. Simpson, PE. State Engineer Alan C. Martellaro, PE Division Engineer Mr. Fred Jarman O Re: Canary Bird Ditch, Special Use Permit for Jacee Johnson Page 2 of 2 On my September 16,2005 fie1d inspection, this 4gpm splitter had been consfucted but had not been installed. Please note this 4gpm splitter box was not a condition of the Garfield County Special Use Permit. It is unfortunate that Garfield County did not send Garfield County staff to confirm the installation of this Sgpm splitter box and measuring device per their special use permit. I am not sure how the Division of Water Resources became involved in a Garfield County Special Use Permit and I am not interested in reviewing this history. This issue has cost the Division of Water Resources staff time on an issue that we should not be involved in. Furthermore, Jim Lemon's statements and integrity have been called into question by the Garfield County Commissioners and staff through this controversy and I believe he was correct in his letter dated January 19,2004. In the future for water-related matters Garfield County Building and Planning Department should inspect with their own staff and/or contractors that the conditions have been met for their Special Use Permits. A- /r{" l/l.t-Sikora, P.E. Assistant Division Engineer Cc: Garfield Counfy Commissioners Don DeFord, Garfield County Attomey Mark Bean, Director, Garfield County Building & Planning Department STA|E OF COLOI1ADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 81B Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3s89 wvwv.waterstate.co. us Fred Jarman ll]03 December 5, 2oo3riF_{ Bill Owens Covernor Creg E. Walcher Executive Director Hal D. Simpson, PE State Engineer Garfield County Building and Planning 108 8th St Ste 201 Glenwood Springs CO 81601 Re:Jacee Johnson Well Permit No. 106226 Case Nos. W-1842 and 94CV074 concerning the Canary Bird Ditch Dear Mr. Jarman: I have reviewed above well permit and mses. Permit No. 106226 is valid, and based on the permit conditions and discussion with Ms. Johnson, may be used for one single family dwelling and the irrigation of one acre of home lawns and gardens. Case No. W-1842indicates that 0.2 cfs of the Canary Bird Ditch was changed from irrigation to domestic, irrigation and livestock water. Case No. 94CVO74limits the changed use to domestic and stockwater use for two single family dwellings and for stockwater uses on their property. My review indicates that this water right is senior to all other tabulated water rights that derive their supplies from Ruleson Spring and Spring Run Gulch, and that based on absolute use that occurred prior to October 15, 1977 the Canary Bird Ditch is a Green Mountain Beneficiary. Simply put, the subject water right for the Canary Bird Ditch should provide a legally adequate water supply for two single-family dwellings. CMUJohnson Building Permit.doc Alan Martellaro, Division Engineer James R. Lemon, Water Commissioner, District 45 Sincerely, Craig M. Lii P.E. Water Resoui'ce Engineer P.?Oct 16 03 O1:42p \ N U\J\l \) $\\ ! v t^ .\N t\ -x \L\- .(t -,r$i- .0r{ a.\, to d CA st J 0r\,\) . rJ)s U v Vl -J\) {-s .\J F- \l -e 0a $ \n -s*1- d v \ NLL\ $. i v) ($ a v $ 1L- i)j </*--_-.4or -U . t-onil 6wrp; d ,..trE /f/ \A) A l Oct l6 03 O1:42p LWLSl2ao3 11: 15 s7a2413a2a I,,JT}fC ALLEN PROPERTY EXHIBM A p.3 PA6E t2/t5 rhe IIINt{rrSEi of Section Jr, roT:Fn-.g-I:t.1, Range e4irest of the 5th. p.io"ip.r-i"iiii"",-Ex.EpT the nast r:tacres thereof , !?gelle;;+ln-iir.ait.ii-I"; #;.. rishtsused in conuectioi th"ru*ii[; l"a The EkSEtSWlr of Section 31r Township g South, Rauge 94west sf the Erh.rrin-ilar-i"iiii"", also a sirip orland 275 feet uide ana- tjzo-r""t i" i"1etr, ilii:.rgNorth and South -g the rd;i ;I;". or end, of rhe swtsElrof said section ar, roc.iriet-iitu arl diteh and waterrigate used in """"""iiJ"-ii"i"-ritu, and especiarry theditch and water rigtrts-in ;;i;i;"r eonsrruction of rheCanary Bird DitcL_15r"!iti-ffi:'48, also interegr inthe First Enlarqeuent of t-h"-iurr.ry Bird Ditch,Il:::lll I". :s, arr in-wil.r-ili=t=icr rs., lnarerutv:.Bj.gn No. _5 Oct 16 03 01:42p LAl15/2663 11:1s 87024136264 p.4 PA6E 13/15 GEB$ PROPERTY The Easter)v-Tjirteen and cne-h*rf (r3.5) Acres, of even width, of iheI^-ll*.ef Lr section srl-"r*."nrp o souirr,-;;;r" e{ west of the 'th p. M-Together with aU water and water rights, ditchesI.:.rH""iHidTr;m*:witrrtheab;,;_d.":l:ti:Tf ;'",11?,1jji.lil?Xlrp"r roinot" oi,irr,* out of a"roJl- t5 follouring: 2?140ths ;i tlt1"., of \rraterDitch in waie. District il ;;;-i!i, l]i"l-,Tf"::.'i!r:#,T:^:"&o";;;.Bird Ditch and water;il;;; llr:*":rj,h.;"r* 'ard, t3r+1ths or 2r reer orfi,:: t1!'T*"i-::'-.jTi.1l;i:::.-l '"-11=-ri"*oras *.,.-tiii,il ,,,"n, a, in r,Colorado. 1""rtes of the Districr courr r., E..ii"ii c"r""i1,j subject'o r o"1:-r-1ese.rv3tio"l:.r*ai-n cistern, rogether wirh an easemenrand right-of-w-ay for pipetin.'."a air"r, if,*J.;;;to Iands owrred b-y sajdparties of the first par{ ", *;';."sently .or"tir"t"d aad in use ,.pto, or..and across saia.ranis:-;#J;rl;t 1rsol" " ;;;; r€servation o^r. the risht,.-[i:ilfi fur;'"d;,';."#*;:'*'i"lT":'":":""T.,jd.whier,;"*;;",vations -1 reeords of Garfietd county, Elio..ao_ uDrent No.?{2148 of the ETffiIBIT B L,JTHPC ---