HomeMy WebLinkAboutEx 08 Legal Opinion Regarding Water SourceTO LIMITED IMPACT REVIEW FOR STORAGE AND FABRICATION FACILITY (Including Request for Subdivision Plat Amendment) Parcel ID No. 2393-274-01-004 Page 142 AT II Baltic, LLC 312 AABC, Suite D Aspen, Colorado 81611 Attention: Mark Friedland, Manager P E:Y5 c C7,I0L_Iice,E EL_. AT I__ A W ARD Y. NEILEY JP. February 20, 2020 Re: Limited Impact Review — Land Use Change Permit Legal Water Supply Planted Earth Dear Mark: Baltic, LLC is applying to Garfield County requesting a land use change permit for a marble storage and fabrication facility on a parcel of land described as Parcel C of the Dixon Subdivision. The parcel is one of three parcels owned by Hipa Hipa LLC and has historically been used for commercial purposes by The Planted Earth of Carbondale. This letter confirms a legal supply of water available to the project. Located on Lot A of the Planted Earth properties is a well permitted under well permit number 45419-F-R. Diversions from the well for commercial and irrigation purposes at Planted Earth are augmented pursuant to Basalt Water Conservancy District contract number 3.3.5.1(135) in the amount of two acre feet per year. Pursuant to the July 10, 2018 report from Wright Water Engineers, total estimated diversions for existing buildings and proposed development will not exceed two acre feet per year. Therefore, provided total diversions do not exceed two acre feet per year for the three parcels, well permit 45419-F-R provides a legal water supply to the properties. A copy of the permit is attached. Outdoor irrigation on the property can continue to occur through use of shares in the Lower Kelso Ditch Company. Ver, t + ly yours, N ®! Y LAW FIRM, LLC ./// Richard Y. Neiley, Jr. Please respond to: 6800 Highway 82, Suite 1 • Glenwood Springs, CO 81601 • 970-928-9393 Email: aspenlaw@neileylaw.com Aspen office: 420 East Main Street, Suite 230 • Aspen, CO 81611 • 970-925-9393 Page 143 7/10/2018 State of Colorado Water Resources - View Well Details: Receipt 9500488 Colorado Department of Natural Resources Colorado.gov 1 Contact Us 1 J.IJr 1d6 .01v161 i) J1 Colorado's Well Permit Search THIS PAGE IS NOT THE ACTUAL PERMIT The information contained on this page is a summary of the permit Ole and may not reflect all details of the well permit. (Full Disclaimer) Well Constructed Receipt: 9500488 Permit #: 45419-F -R Well Name / #: Designated Basin: Case Number: W1506 WDID: Division: Water District: County: Management District: 5 38 GARFIELD [-] Imaged Documents - Permit File Document Name Change in Owner Name/Address/Location Well Construction Pump Installation Correspondence, Memos, Findings & Hearings General Purpose Application Well Permit Correspondence, Memos, Findings & Hearings Date Imaged Annotated 08/18/2014 No 12/01/2007 No 12/01/2007 No 12/01/2007 No 11/29/2007 No 11/29/2007 No 11/29/2007 No [-] Applicant/Contact Applicant/Contact Name HIPA HIPA LLC Mailing Address PO BOX 5061 City/State/Zip ASPEN, CO 81612 [-] Location Information Approved Well Location: Q40 Q160 Section Township NW SE 27 7S Range PM Footage from Section Lines 88W Sixth 2400 S 1850 E Northing (UTM y): 4365388.7 Easting (UTM x): 310061.8 Location Accuracy: Spotted from section lines Subdivision Name DIXON Filing Block Lot A Parcel ID: 23-2393-274-01-003 Acres in Tract: [-] Permit Details Date Issued: 03/07/2001 Date Expires: 03/07/2002 Uses (See Imaged Documents for more infomation) General Use(s): Commercial Special Use: Area which may be irrigated: 0.7 ACRES Annual volume of appropriation: Statute: Cross Reference Permit(s): Permit Number Receipt 45419-F -R 0436641 Aquifer(s): ALL UNNAMED AQUIFERS Comments: LOTS A,C,D. BASALT WTR CONS DISTRICT CONTRACT #3.3.5.135(A). NOT ONLY WELL ON TRACT. AT PLANTED EARTH. TOPOEL WELL ALT POINT TO BASALT FOR 13 GPM. [-] Construction/Usage Details Well Construction Date: 03/09/2001 Well Plugged: Elevation Depth 141 Driller Pump Installer Perforated Casing (Top) 101 Lic # Name 1095 SHELTON, WAYNE 1050 SAMUELSON, RAUN Pump Installation Date: 04/19/2001 1st Beneficial Use: Perforated Casing (Bottom) 141 Address BOX 1059 BASALT, CO 81621 BOX 297 GLENWOOD SPRINGS, CO 81602 Help Static Water Level Pump Rate Phone Number 9709274182 9709456309 [-] Application/Permit History Last Refresh: http://www.dwr.state.co. us/Wel IPermitSearchNiew. aspx?receipt=9500488 Page 144 1/2 7/10/2018 State of Colorado Water Resources - View Well Details: Receipt 9500488 Change in Owner Name / Mailing Address 08/07/2014 Pump Installed 04/19/2001 Well Constructed 03/09/2001 Permit Issued 03/07/2001 Application Received 03/06/2001 Disclaimer *The information contained on this page is a summary of the permit file and may not reflect all details of the well permit. THIS PAGE IS NOT THE ACTUAL PERMIT. This page should not be used as a basis for any legal consideration, to determine the allowed uses of the well, to determine construction information, or to determine the terms and conditions under which the well can operate. The complete well permit file should be viewed to obtain details on the allowed uses and other relevant information. A complete copy of this file is available in the "Imaged Documents" section of this page, and can be viewed by opening all of the documents listed under that section (documents will open as pdf files). Note that all of the terms and conditions under which a well can operate, particularly for non-exempt wells, may not be specified on the well permit. Wells may also be subject to relevant statutes, rules and decrees. To learn more about well permitting in Colorado, please visit DWR's Well Permitting Page. If you have any questions about this well permit file, please contact the DWR Ground Water Information Desk. Copyright © 2016 Colorado Division of Water Resources. All rights reserved. Horne I Contact Us I Help I Water Links I Colorado.gov I DNR I Privacy Policy I Transparency Online Project (TOP) http://www.dwr.state.co.us/VVellPermitSearchNiew.aspx?receipt=9500488 Page 145 2/2 OF CE OP THE STA E ENGINEER C• LORA00 DIVISION OF WATER RESOURCES _pa * Cluovir. Mario KIWI