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HomeMy WebLinkAbout2.0 Water InformationIn Regards to: Sierra Bluffs Filing #2 Owned By Wayne & Wanda Cooley 0822 Alta Mesa Road Silt CO 81652 6-7-96 To Whom It May Concern, This letter is to answer any concerns about water from the Sierra Pinon community water system being provided to the 4 lots of the proposed subdivision, Sierra Bluffs Filing #2. I presently own the Sierra Pinon Subdivision and have agreed to provide water from the Sierra Pinon community water system to Wayne and Wanda Cooley's proposed subdivision, Sierra Bluffs Filing #2. The terms of the contract between Wayne & Wanda Cooley and myself have been agreed upon, and the law firm of Stuver and George are preparing the contract at this time according to these terms. Sincerely, Barton Porter 2571 Cnty Rd 314 New Castle CO 81647 "Protect your most valuable possession—WATER" Colorado Water Rights Analyst Registered Professional Engineer RAY D. WALKER, P.E. • 3125 Highway 13 • Rifle, Colorado 81650 • Phone: (970) 625-3260 February 14, 1996 Barton Porter 2571 Road 314 New Castle, CO 81647 Dear Barton, On February 9, 1996, your well system was pumped for 24 hours to determine the quantity of water that can presently be pumped from your two existing wells and stored in your existing storage tank. The two wells involved are Sierra Pinyon Well No. 1 and Sierra Pinyon Well No. 2. Sierra Pinyon Well No. 1 is decreed in Case No. 95CW57 as being in the NE'i NW1/2 of Section 22, Township 6 South, Range 92 West of the 6th P.M., at a point 1202 feet from the North Section line and 1563 feet from the West Section line of said Section 22. Sierra Pinyon Well No. 2 is decreed in Case No. 95CW57 as being in the NE; NW; of Section 22, Township 6 South, Range 92 West of the 6th P.M., at a point 977 feet from the North section line and 2503 feet from the West section line of said Section 22. The storage tank is located in Section 22, Township 6 South, Range 92 West of the 6th P.M., at a point approximately 200 feet from the North section line and 2800 feet from the West section line of said Section 22. The storage tank is located approximately 200 feet in elevation above Sierra Pinyon Well No. 2. The tank is 13 feet in diameter and 33 feet tall with a maximum storage capacity of 32,747 gallons. It is my understanding that the existing system consists of a 1/2 horsepower pump in Sierra Pinyon Well No. 1 and 11 horsepower pump in Sierra Pinyon Well No. 2. The existing system will support only minimal outside irrigation. I recommend that meters be installed on all units. Please let me know if I need to clarify any of the above matters. Sin rely, Ray 'D. Walker P.E. Page 3 FORM ::'.. -`3; t SUPPLEMENTAL TE ''' REPORT STATE OF COLORADO; OFFICE OF THE STATE ENGINEER For off, 'Ise only WELL PERMIT NUMBER 1 -7 il `L ,Z .Z . 2. OWNER NAME(S) a.0 _ Mailing Address 4`)--1 1 c:\ 1 Kc .3I Li City, St. Zip N c. Ca_l I C _ Cc,. S;' 1(c c` .) .k.) I Phone (3o3) d s LI - 2:-7 (ID AS DRILLED: N L: 1/4 N V' 1/4, Sec. 2 1, Twp. G.:, , Range ` l a- __' . 3. WELL LOCATION DISTANCES FROM SEC. LINES: 41 0 0 ft. from Scut Sec. line. and '3))0 ft. from LCIS Sec. line. -m (north or south) (east or west) +c, '/ LOT BLOCK FILING(UNIT) . SUBDIVISION: S;o,r,...a, i ).'s I-/7' STREET ADDRESS AT WELL LOCATION: 4. STATIC WATER LEVEL: -2 K ft., Date i - 3t) - 9's" , Time/�� . oQ "4..-. . Method: - cycx Length of airline (if used) ft. Measurement i/1 $ 4 , TypeShp 1-, 1. Horsepower / , p. , Setting /p 3 feet. 5. PUMP: ,Y-,.rs , , l? Discharge pipe in., Discharge Pressure 30 psi. Power Source ,ga n ,� ., .,i-1-- , .4 Manufacturer i\---,„-/- , TyPe i ,--, /,,, r • 6. FLOW METER: ' inches, Average rate gpm., Volume pumped during test a, 4 5 8 Diameter pumping 7. TEST DATA: Date of Test ---- Recovery Data --- Time Pumping Level Drawdown Pumping rate Pumping Pressure Time Water Level (feet) (feet) (gpm) (psi) (feet) ' )o 34-' c.)O ? r /Of' O 7 Iw /o;do 7- 3'' f`b- //: ad 7, / '• /,,7:Qi 7. r'' i- '/,'00 /.2:J-' 1. c, /,, Oa2. 1 i;J‘) 8. / ) 2 no%e0 8", 5 Type AIPIII, Amt. Used %. 94 , 8. DISINFECTION: A 9. Water Quality analysis available. N Yes 0 Remarks 1. I have read the statements made herein and know the contents thereof, and that they are true to my knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and ispu ish Ie as a c ss 1 misdemeanor.] erI). a Pgone (303) 5 -vs --....e)7, Lic. Nek3 . CONTRACTOR i4� c. Mailing Address P, 0, 4 2 ��x , gQ , ( 2 3 ,4,./-7 Name%Title (Please type or print) /� cT11/ / s �q e_r Signature 7 / - '�-- Date -.'/7A FORM AO. NI. e ,1 /40 SUPPLEMENTAL Ti REPORT STATE OF COLORADO; OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER 11% -1 c 7 2. OWNER NAME(S)o, Mailing Address c151 1 1, ►�c:1 31 `- city, st zip n2A,0 C_al t � , CID. 3 I (tL1 Phone ( 303) For Off, 'se only 3. WELL LOCATION AS DRILLED: N hf 1/4 N [_ 1/4, Sec. 2 2_ Twp. DISTANCES FROM SEC. LINES: ft. from Sec. line. and ft. from (notth or south) SUBDIVISION: /2, Pe 14).1/ •'"- STREET ADDRESS AT WELL LOCATION: , Range q �_ L Sec. line. (east or west) LOT BLOCK FILING(UNIT) 4. STATIC WATER LEVEL: $ S ft., Date Measurement Method: 77?-,5c.doe , Time 1,? o , Length of airline (if used) ft. 5. PUMP: Type Power Sources int, Ss74 , Discharge pipe 1 , Horsepower , Setting /10 / feet. in., Discharge Pressure 3 v psi. 6. FLOW METER: Manufacturer /(;)_, r, f , Type�- gpm., Volume pumped during test Diameter / inches, Average pumping rate 7. TEST DATA: Date of Test Time Pumping Level (feet) /c fcX7 ac) Drawdown Pumping rate (feet) (gpm) / o /s 5- 7 S o <7- ? Pumping Pressure (psi) ---- Recovery Data Time Water Level (feet) S6- / 8. DISINFECTION: Type �,-, Amt. Used , 9. Water Quality analysis available. ❑ Yes No 10, Remarks • 11. I have read the statements made herein and know the contents thereof, and that they are true to my knowledge. (Pursuant 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 class 1 misdemeanor.] CONTRACTOR /�� r �.rcvp - Phone ( ' 3 9, -,/o/. / Lic. Noc�Y*. Mailing Address ,s em .4.---1._ .. _ ., i i / � 3 _ Na�me�tle/(Please type or print) CJ< /f l4_5 ,SAL __1.-/._ Signature Date? p t c_��l�,�3 f DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLO Case No. 95CW057 JAS' k t RULING OF REFEREE IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF: BARTON PORTER IN GARFIELD COUNTY, COLORADO The above -entitled Application was filed on March 30, 1995, amended and referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court, in accordance with Article 92 of Chapter 37, Colorado Revised Statues 1993, known as the Water Rights Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the Amended Application are true and having become fully advised with respect to the subject matter of the Amended Application does hereby make the following determination and Ruling as the Referee in this matter, to wit: 1. The statements in the Amended Application are true. 2. Name, address and telephone number of Applicant: Barton Porter 2571 Road 314 New Castle, CO 81647 (303) 984-2790 c/o Billie Burchfield - #19325 Attorney for Applicant 802 Grand Avenue, Suite 305 Glenwood Springs, CO 81601 (303) 945-8818 3. No Statements of Opposition have been filed in this the Statutory time for filing Statements of Opposition has 4. Applicant has requested that the following claims be by the Court: Case and expired. approved FIRST CLAIM 1. Name of structure: Sierra Pinyon Well No. 1 2. Legal description of point of diversion: Said well is located in the NE% NW; of Section 22, Township 6 South, Range 92 West of the 6th P.M., at a point 1202 feet from the North section line and 1563 feet from the West Section line of said Section 22. Said location of well being more particularly described as follows: commencing at the north quarter corner of said Section 22, a brass cap in place; Thence South 41° 15' 16" West 1606.27 feet to Well No. 1. 3. Source: A. Said well is tributary to Dry Hollow Creek, tributary to the Colorado River. B. Depth: 120 feet 4. A. Date of appropriation: June 9, 1994. B. How appropriation was initiated: By intent to develop subdivision. C. Date water applied to beneficial use: N/A 5. Amount claimed: 15 gpm (0.033 c.f.s.), conditional 6. Well Permit No. 178797 was issued as an exempt well. New well permit has been applied for which will replace No. 178797. Sierra Pinyon Well No. 1 has received Denial No. AD -13695 from the Office of the Colorado State Engineer. 7. Proposed use: In conjunction with other wells, domestic in -house use in eighteen (18) single family dwellings, the watering of 54 head of livestock and the irrigation of 2.4 acres of home lawns and gardens. 8. Name and address of owner of land on which well is located: Applicant Page 2 Case No. 95CW57 Porter SECOND CLAIM 1. Name of Structure: Sierra Pinyon Well No. 2. 2. Legal description of point of diversion: Said well is located in the NEWW; of Section 22, Township 6 South, Range 92 West of the 6th P.M., at a point 977 feet from the North Section line and 2503 feet from the West section line of said Section 22. Said location of well being more particularly described as follows: Commencing at the north quarter corner of said Section 22, a brass cap in place; Thence South 07' 04' 56" West 984.20 feet to Well No. 2. 3. A. Source: The source of the water is tributary to Dry Hollow Creek, tributary to the Colorado River. B. Depth: 150 feet 4. A. Date of appropriation: June 9, 1994. B. How appropriation was initiated: By intent to develop subdivision. C. Date water applied to beneficial use: N/A 5. Amount claimed: 30 gpm (0.066 c.f.s.), conditional 6. Well permit No. 178789 was issued as an exempt well. New well permit has been applied for which will replace 178798. Sierra Pinyon Well No. 2 has received Denial No. AD -13696 from the Office of the Colorado State Engineer. 7. Proposed use: In conjunction with other wells, domestic in -house use in eighteen (18) single family dwellings, the watering of 54 head of livestock and the irrigation of 2.4 acres of home lawns and gardens. 8. Name and address of owner of land on which well is located: Applicant. Page 3 Case No. 95CW57 Porter -/a • THIRD CLAIM 1. Name of Structure: Sierra Pinyon Well No. 3. 2. Legal description of point of diversion: Said well is located in the SW; SW; of Section 15, Township 6 South, Range 92 West of the 6th P.M., at a point 230 feet from the South Section line and 4400 feet from the East Section line of said Section 15. 3. A. Source: Said well is tributary to Dry Hollow Creek, tributary to the Colorado River. B. Depth: 150 feet 4. A. Date of appropriation: June 9, 1994. B. How appropriation was initiated: By intent to develop subdivision. C. Date water applied to beneficial use: N/A 5. Amount claimed: 15 gpm (0.033 c.f.s.), conditional 6. Well Permit No. 176762 was issued as an exempt well. New well permit has been applied for which will replace 176762. Sierra Pinyon Well No. 3 has received Denial No. AD -13697 from the Office of the Colorado State Engineer. 7. Proposed use: In conjunction with other wells, domestic in -house use in eighteen (18) single family dwellings, the watering of 54 head of livestock, and the irrigation of 2.4 acres of home lawns and gardens. 8. Name and address of owner of land on which well is located: Applicant. Page 4 Case No. 95CW57 Porter FOURTH CLAIM 1. Name of Structure: Sierra Pinyon Ditch, Pump & Pipeline. 2. Legal description of point of diversion: The headgate of said ditch will be located at a point 1500 feet from the west section line and 1150 feet from the North Section line of Section 22, Township 6 South, Range 92 West of the 6th P.M. 3. Source: The source of the water is from Dry Hollow Creek, tributary to the Colorado River. 4. A. Date of appropriation: March 23, 1995. B. How appropriation was initiated: By field investigation with an engineer and an intent to appropriate for storage purposes and to augment well for a subdivision. C. Date water applied to beneficial use: N/A 5. Amount claimed: 1.0 c.f.s., conditional 6. Proposed use: storage, irrigation, piscatorial, livestock watering, wildlife watering, fire protection, augmentation and exchange purposes with the right to fill and refill in priority. 7. Name and address of owner of land on which ditch is located: Applicant. Page 5 Case No. 95CW57 Porter FIFTH CLAIM 1. Name of Structure: Sierra Pinyon Pond No. 1. 2. Legal description of place of storage: The center of said pond will be located at a point 1350 feet from the west section line and 1000 feet from the north section line of Section 22, Township 6 South, Range 92 West of the 6th P.M. 3. Source: The pond is filled from snowmelt and surface runoff and from Dry Hollow Creek via the Sierra Pinyon Ditch, Pump and Pipeline. The water is tributary to Dry Hollow Creek, Tributary to the Colorado River. 4. A. Date of appropriation: March 23, 1995. B. How appropriation was initiated: By field investigation with engineer and an intent to appropriate for storage purposes and to augment wells for subdivision. C. Date water applied to beneficial use: N/A 5. Amount claimed: 7 acre feet (AF), conditional. 6. Proposed use: irrigation, domestic, livestock watering, wildlife watering, piscatorial, fire protection, augmentation and exchange purposes with the right to fill and refill in priority. 7. Surface area of high water line: 1.0 acre Maximum height of dam: 15 feet Length of dam: 250 feet 8. Total capacity of reservoir in acre feet: 7.0 AF 9. Name and owner of land on which structure is located: Applicant Page 6 Case No. 95CW57 /iR SIXTH CLAIM 1. Name of structure: Sierra Pinyon Pond No. 2. 2. Legal description of place of storage: The center of said pond will be located at a point 1500 feet from the west section line and 1000 feet from the North Section line of Section 22, Township 6 South, Range 92 West of the 6th P.M. 3. Source: The pond is filled with snowmelt and surface runoff and from Dry Hollow Creek via the Sierra Pinyon Ditch. The water is tributary to Dry Hollow Creek, tributary to the Colorado River. 4. A. Date of appropriation: March 23, 1995. B. How appropriation was initiated: By field investigation with engineer and an intent to appropriate the water for storage purposes and to augment wells for subdivision. C. Date water applied to beneficial use: N/A 5. Amount claimed: 7.0 AF, conditional. 6. Proposed use: Irrigation, domestic, livestock watering, wildlife watering, piscatorial, fire protection, augmentation and exchange purposes with the right to fill and refill in priority. 7. Name and address of owner of land on which pond is located: Applicant and Alice Jungjohann. Page 7 Case No. 95CW57 Porter SEVENTH CLAIM PLAN FOR AUGMENTATION STRUCTURES TO BE AUGMENTED: Sierra Pinyon Well Nos. 1 - 3. Sierra Pinyon Ditch, Pump and Pipeline Sierra Pinyon Pond Nos. 1 and 2. USES TO BE AUGMENTED: Applicant's engineer has determined that the annual depletions as a result of the irrigation of 2.4 acres of home lawns and gardens will total 4.152 acre feet based on a consumptive use factor of 1.73 AF/A. The annual evaporation losses from April through October on the surface of the ponds is calculated to be 2.54 ft per surface acre. The domestic consumptive use in eighteen (18) single family residences is calculated to be 0.72 acre feet per year based on an average occupancy of 3.5 persons per dwelling utilizing 100 gallons per day per person and assuming 10% consumptive use through individual septic tank and leach fields. Livestock depletions are based on 10 gallons per day per head and a 100% consumptive use factor. It has been calculated that the depletions resulting from Applicant's diversions will occur according to the following schedule: TABLE 1 All units in Acre Feet (AF) Depletions Month Domestic Irrigation Livestock Pond Evap. Total (18 units) (2.4 Acres) (54 head) (2 surface Acres) Jan 0.063 0.05 0.113 Feb 0.063 0.05 0.113 Mar 0.063 0.05 0.113 Apr 0.063 0.288 0.05 0.352 0.753 May 0.063 0.528 0.05 0.646 1.287 Jun 0.063 0.768 0.05 0.940 1.821 Jul 0.063 1.080 0.05 1.321 2.514 Aug 0.063 0.840 0.05 1.028 1.981 Sep 0.063 0.504 0.05 0.617 1.234 Oct 0.063 0.144 0.05 0.176 0.433 Nov 0.063 0.05 0.113 Dec 0.063 0.05 0.113 Totals 0.756 4.152 0.60 5.080 10.588 Page 8 Case No. 95CW57 Porter /5' sw SOURCES OF AUGMENTATION WATER: Applicant's engineer has determined that Applicant can be expected to fill Sierra Pinyon Pond Nos. 1 and 2 each and every year during the winter and spring run-off season when senior priorities are not "calling" for water. At such times as Applicant's diversions for the uses shown in Table 1 above would be otherwise out -of -priority, Applicant will cause to be released from Sierra Pinyon Pond Nos. 1 or 2 the amounts of water as shown in Table 1 above. 5. The Referee, having examined the information submitted by the Applicant, and having completed the investigations necessary to make a determination in this matter, does therefore conclude that the above entitled Amended Application should be granted and that the above-described claims should be and hereby are approved as requested; SUBJECT, HOWEVER, TO ALL EARLIER PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. 6. Application for a Finding of Reasonable Diligence shall be filed in the same month as the decree herein is entered every six years after the entry of the Decree herein so long as Applicant desires to maintain the conditional water right herein awarded, or until a determination has been made that such conditional right has been made absolute by reason of the completion of the appropriation, or is otherwise disposed of. 7. The Plan for Augmentation requested will not injuriously affect the owner of or person entitled to use water under a vested water right or a decreed conditional water right, and the Plan for Augmentation is hereby granted and approved in accordance with C.R.S. 1973, 37-92-305(3) and subject to the Court's retained jurisdiction. 8. Applicant shall install such measuring devices as deemed necessary by the Division Engineer to administer this plan. 9. Once Sierra Pinyon Pond Nos. 1 and 2 are constructed, fully operational, and capable of providing the augmentation water described in this Ruling, the.State Engineer shall issue well permits for Sierra Pinyon Well os. 1, 2 and 3 as described above and subject to the provisions of this Ruling. 10. Pursuant to C.R.S. 37-92-305(8), The State Engineer and the Division Engineer may lawfully be required under the terms of this Ruling to curtail out -of -priority diversions from Applicant's wells and ponds at any time when the consumptive use associated with Applicant's diversions exceed the net amount of replacement water available under this Plan for Augmentation. Page 9 Case No. 95CW57 Porter / -AV 11. Applicant shall develop a monthly accounting form satisfactory to the Division Engineer. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial review. It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State /Engineer. Dated TIA-4- 4 1 (, ctCP • BY TH Water Referee Water Division No. 5 State of Colorado No protest was filed in this matter. The foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court: provided however, that the approval of the 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 commencing prior to 50% build -out of the above described development. The Court shall have continuing jurisdiction for a period of five (5) years up until and after 50% build -out of the above described development. THE MONTH FOR FILING AN APPLICATION FOR A FINDING OF REASONABT,F, DILIGENCE SHALL BE Dated Water Judge Page 10 Case No. 95CW57 Porter $• « $. 11. Applicant shall develop a monthly accounting form satisfactory to the Division Engineer. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial review. It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated /.6 1 //-%6 \") r BY TH his F ' EE : Water Referee Water Division No. 5 State of Colorado No protest was filed in this matter. The foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court: provided however, that the approval of the 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 commencing prior to 50% build -out of the above described development. The Court shall have continuing jurisdiction for a period of five (5) years up until and after 50% build -out of the above described development. THE MONTH FOR FILING AN APPLICATION FOR A FINDING OF REASONABLE DILIGENCE SHALL BE ,742o z Dated Page 10 Case No. 95CW57 Porter /V Water Judge