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Home My WebLink AboutLegal and Adequate Water Supply ReportWATER RESOURCE CONSULTANTS,LLC June 13, 2025 via e-mail Chris Bendon chris@bendonadams.com Scot Simmons scot@simmonsfamilyoffice.com Jesse Swann, P.E. jswann@sopriseng.com Matt Mortiz matt@bluegreenaspen.com RE: Sweetwater Ranch Garfield County, Colorado Main Residence — Water Supply Summary Chris, Scot, Jesse and Matt, This letter summarizes the legal, physical and water quality available to serve the water demand of the Sweetwater Ranch Main Residence, located in SEC 36 T3S R87W 6th P.M. of Garfield County, Colorado. ktxll� "U SEC 1 S cC 2" SEC. 16{! r ✓.... [ \SEC ; c j. < Residence r r' < Beaver Dam Reservoir st N i S 5. SEC 2 T. + S' Water Demand Water demand is a combination of in-house, landscape and fire protection water. In house use was determined based on an average demand of 125 gpd/person x 3.5 people/day x 50% annual occupancy = 0.25 acre-feet/year. This number provides the amount of annual supply required to meet in-house use only. ■ Landscape irrigation demand will be similar to, or less than historical irrigated pasture demand on the ranch. Actual landscape usage may be less than historical pasture grasses due to use of 734 Centauri Court Grand Junction, CO 81506 970.625.5433 pcurrier@wrc-Ilc.com Sweetwater Ranch Main Residence, Garfield County, CO Water Supply Summary June 30, 2025 Page 2 native, drought tolerant species. Based on NRCS Blaney-Criddle calculations, the net irrigation demand will be approximately 22 inches per year (1.83 acre-feet/acre). This factors in a net precipitation of 8.2 inches per year. Per the landscape plan prepared by Blue Green (Exhibit 1, June 30, 2025), total proposed irrigated landscaped area equals 1.48 acres. Hence, total estimated irrigation demand is 1.48 x 22/12 = 2.71 Acre-Feet/year. To avoid a water rights expansion of use of existing irrigation water rights, an equal amount, or more, of existing pasture will be removed from irrigation via dry -up. This includes access roads, driveways and building footprints that are located within existing irrigated areas. Fire fighting demand is based on recommendations provided by the Gypsum Fire Protection District. As a base calculation NFPA 1142 is utilized to determine a minimum amount of fire fighting water for just the structure. This results in a recommended storage of 70,000 gallons (0.21 acre-feet) for in-house use (internal sprinklers and for fire trucks), and a minimum flow rate of 1,000 gpm via fire hydrants. Additionally, the owner desires to provide wildland sprinkler capability on the exterior of the residence. Planning has been based on using three big guns sprinklers with a capacity of — 200- 250 gpm per sprinkler (flow rates vary based on pressure). The total area covered will be approximately 3.5 to 4.0 acres. Run time, and hence water demand, will be dictated by soil moisture conditions, fuel loading, wind and weather conditions, and water availability in the upstream Beaver Dam Reservoir. For a run time of 60 minutes (generally sufficient to dampen vegetation to inhibit ignition), a minimum of45,000 gallons is required for a minimum period of 60 minutes. Total minimum fire demand = 70,000 +45,000=115,000 gallons (0.35 Acre -Feet). Total demand: o Total system demand (acre-feet) is estimated as: 0.25 + 2.71 + 0.35 = 3.31 acre-feet. o Total annual demand (domestic + irrigation): 0.25 + 2.71= 2.96 acre-feet. Physical Water Surely Water supply is proposed to be obtained from Beaver Dam Reservoir. Both the reservoir and the water rights appurtenant thereto are owned by the ranch. The reservoir is located on Sweetwater Ranch approximately one-half mile uphill from the residence, on the north fork of Mason Creek (drainage basin = 2.11 sq. mi.) In a dry year it is capable of providing 12.51 acre-feet of water delivery to the residence for multiple uses. The total water available is greater than the 3.31 Acre-feet of system demand. An additional 1.81 acre-feet of water is effectively dead storage, and is below the intake to the proposed pipeline. By virtue of the topography, flow from the reservoir to the residence will be via gravity. Static pressure at the residence will be 60-65 psi. The physical supply of 12.51 acre-feet is greater than the system demand of 3.31 acre-feet. Therefore, physical supply is adequate to meetthe needs of the main residence. WATER Resomm Cams=AwM, LLC Sweetwater Ranch June 30, 2025 Main Residence, Garfield County, CO Page 3 Water Supply Summary Legal Water Supply Sweetwater Ranch owns all of the water rights in Beaver Dam Reservoir. It is decreed as follows: Case No. AF Decreed Uses Use Type 84CW0038 2.00 169 1 Irrigation CA1416, 84CW0039 1.78 1689 5 Recreation 89CW0111 9.22 156 6 Fishery Total 13.00 8 Domestic 9 Stock The decrees for Beaver Dam Reservoir are attached as Exhibit 2. The decreed volumes exceed the anticipated demand for irrigation and domestic water. Water Quality A water sample was obtained from the outflow of Beaver Dam Reservoir in March of 2025. No contaminants of concern were noted. We are proposing that disinfection be accomplished using a combination of filtration and ultra -violet. Water quality test results are included in Exhibit 3. Summary Adequate physical and legal water supplies of sufficient quality exist to serve the proposed single family residence needs for domestic and irrigation demand. Fire protection water can physically be provided by available irrigation water. Respectfully submitted, • ��O mac. � •C'' 4753 � I - X-6 O Paul C. Currier, P.E. PCC/pcc Attachments: Exh. 1- Landscape Plan Exh. 2 - Beaver Dam Reservoir decrees Exh. 3 - Beaver Dam Reservoir, water quality 688-1.0 SWR Main Residence Water Supply 6.30.25.docx -11 WXMR MUMtMCe CGHSMM ►iiM LLC mrnc,�nan uadn EXHIBIT I MEO carp rN �an:,aR c.�..w• Kv¢®PeM M.XM.IIwY�.M1YYr x U Z &Z CENTML FILES V. DISTRICT COURT, WATER DIVISION NO. 5, COLORADO �- Application Nor 84C09 RULING OF REFEREE- - IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF ROBERT R. BUERGER. d/b/a/ INVOLVED: NORTHUARTER CIRCLEVF RKCOFSMcKEAN, INHCREEK, (NORTHCOLORDOVERFORKOOFITS MORRIS CREEK), IN EAGLERr COUNTY ----------------------------------------------------------------------- ------ The above entitled Application was filed on March 20, 43584, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 19th day of April, 1984, in accordance with Article 92 of Chapter 37. Colorado Revised Statutes 1973, hnown as The Rater Riqht 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 Application are true and having become fully advised with respect to the! subject natter of the Application does hereby crake the following determination and Ruling as the Referee in this scatter, to -wit: 1. The statements in the Application are true. 2. The name of the structure is Beaver Dar. Reservoir. 3. The name of the Claimant and address is: Robert R. Buerger. d/b/a Quarter Circle V Ranches; 5798 Sweetwater Road; Gypsum, Colorado. 4. The source of the water is North Fork of McKean Creek (North Fork.of Harris Creek), tributary to Sweetwater Creek, tributary to the Colorado River. a. The initial point of Survey of Beaver Dam Reservoir is located at the intersection of the dam axis with the right abutment of the dam at a point whence the Southwest Corner of Section 35, T. 3 S., R. 87 W. of the 6th P.M. bears S. 41° 12' W. 5,A66 feet.. 6. On September 13, 1967, in Civil Action No. 1416, the Eagle County District Court awarded to, Beaver Dan Reservoir, Structure No. 408, Priority No. 508. a conditional water right for 1.78 acre feet of water, to be used for irrigation, livestock water, domestic and piscatorial purposes, with appibpriation date of July S. 1%5. Robert R. Buerger d/b/a Quarter Circle V Ranches MW39 Ruling of Referee Page No. 2 i RECEIVED AV3 fi M6 Wo �csoux 7. During the intervening years, at timely Intervals as required by statute, the claimant has shown to the court that reasonable diligence has been exercised in the development of this conditional water rfght, and the court has ruled -that said water right be continued in full force and effect. 8. On Harch _?0, 1984, the claimant filed, in hater Court for '14ater Division No. 5, an Application for Quadrennial Finding of Reasonable Diligence and to Hake Absolute a Conditional Water Right in which it is requested that the Court find that the claimant has exercised reasonable diligence in the completion of the Reservoir, and to determine that the conditional water right has become absolute and unconditional in accordance with the decree. In support of these requests it is stated that the dam has been completed and the water was first stored end applied to beneficial use in the amount of 1.78 acre feet in June and July. 1983. The Referee does therefore conclude that the above -entitled Application should be granted and that the 1.78 acre feet of aster iirevinusly awarded conditionally to Beaver Dane Reservoir in Civil Action No. 1616, with Appropriation date of July, 8, 1966, be made absolute and unconditional. 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 stall be filed with the appropriate Division Engineer and the State Engineer. Dated BY THE REFEREE: ater ee Wat ivision 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. to all Dated: - _ r Judge r _ .Is GENTKA""L FILES DISTRICT COURT, MATER DIVISION NO. 5, COLORADO Application No. 84r;W38 RULING Of REFEREE ----------------- ----------------- IN THE PATTER OF THE APPLICATION FOR WATER RIGHTS OF ROBERT R. BUERGER, s/b/a QUARTER CIRCLE V RANCHES, IN THE COLORADO RIVER, OR ITS TRIBUTARIES. TRIBUTARY INVOLVED: NORTH FORK OF McKEAN CREEK (NORTH FORK OF MORRIS CREEK), IN EAGLE COUNTY The above entitled Application was filed on March 20, 41984, and was referred to the {mdersigned as Water Referee for Hater Division No. 5, State of Colorado, by the Water Judge of said Court on the 19th day of April, 1984. in accordance with Article 92 of Chapter 37, Colorado Rexrsed Statutes 1973, known as The Water Right Determinations 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 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 keferee in this matter, to -wit: 1. The statements in the Application are true. 2. The name of the structure is Beaver Dam Reservoir. First Enlargement. 3. The name of the Claimant and address is: Robert R. Buerger; d/b/a Quarter Circle Y Ranches; 5798 Sweetwater Road; Gypsum. Colorado. 4. The source of the water is the North Fork of McKean Creek (North Fork of Morris Creek), tributary to Sweetwater Creek, tributary to the Colorado River. S. The initial point of survey of the Reservoir is located at the intersection of the dam axis with the right abutment of the dam. at a point whence the Southwest Corner of Section 35, T3S. R67M of the 6th P.N. bears S. 41°12'W. 5.466 feet. 6. The use of the water is irrigation, livestock water and piscatorial. 7. The date of initiation of appropriation is July 1, 1980. a. The amount of water claimed by virtue of the First Enlargement of Beaver Dam Resevvoir'is 2.00 acre feet. .9. The dam enlargewaent was completed and the water was first stcred and applied to beneficial use fn June and July, 1983._ f rt ' QECEIVED, Robert R. Buerger d/b/a 84CW38 i Quarter Circle Y Ranches AUG 6 19a5 , Ruling of Referee NA11g At1,WW2 Page No: 2 a•-Lw';wEu Muk The Referee does therefore concl:ide that the above entitled Application should be Granted and that 2.00 acre f of water are hereby awarded to the Beaver Dam -Reservoir, First Enlargement,, for irrigation, livestock water and piscatorial uses, with appropriation date of the 1st day of July, 1980, absolutely and unconditionally; 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. 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 BY THE REFEREE: 4ere ier Division No. 5 State of Colorado No protest was filed in this matter. The foregoing Ruling is confirmed and approved, an 1s spade the Judgment and Decree of this court. Dated DISTRICT COURT, WATER DIVISION NO. 5, COLORADO ------------------------------------------------- Application No. 89CWIII -------------------------------------- -------------- -------�^::�'tm� RULING OF REFEREE IN-THE-MATTERr-- --- - - OF THE APPLICATION FOR WATER RIGHTS OFROBERT R.BUERGERDBA QUARTER CIRCLE V RANCHES, IN THE COLORADO RIVER, OR ITS TRIBUTARIES, TRIBUTARY INVOLVED: NORTH FORK OF 14CKEAN CREEK, IN EAGLE COUNTY ------------------------------------------------------------------------------- Tile above entitled Application was filed on June 30. 1969, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, ny the Water Judge of said Court, on the bth day of July, 1989, in accordance. with Artii'le 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made strcb investigations as are necessary to determine whether or not the statements in the Application are trey and having become fully advised with respect to the subject matter of the Application does hereby male the following determination and Ruling as the Referee in this matter, to wit: 1. The statements in the Applicatior• are true, except as noted herein, 2. The nave of the structure is Beaver Dam Reservoir, Second Enlargement. 3. The name and address of the Claimant: Robert R. Buerger dba Quarter Circle V Ranches; 5798 Sweetwater Road; Gypsum, CO 81637. 4. The source of the water is the North Fork of McKean Creek (North Fork of Morris Creek), tributary to Sweetwater Creek, tributary to the Colorado River. 5. The Initial Point of Survey of said reservoir is located at the intersection of the dam axis with the right abutment of the dam at a point whence the SW Corner of Sec. 35, T. 3 S., R. 87 W. of the 6th P.M.!bears S. 41*12' W. 5466 feet. 6. The use of the water is the irrigation of 10 acres, piscatorial and recreational purposes. 7. The date of initiation of appropriation is July.l, 1980. 8. The amount of water claimed is 9.22 acre feet of water, absolute. The Referee does therefore conclude that the above entitled Application should be granted and that 9.22 acre feet of water are hereby awarders to uea'rei uani Reservoir .econd lnliryoraeiit, fvi uic irrigation or to aCrCs, piscatorial and recreation purposes, with Appropriation date of the lst day of July, 1980, absolutely and unconditionally; subject, hor:ever, to all earlier priority rights of others ane' to the integration and tabulation by the Division Engiacer of such priorities and changes of rights in accordance with law. GRAND--�J�NCiI0N�lN90R8i0NIE5 435 NORTH AVENUE ♦ PHONE: (970) 242-7618 ♦ FAX: (970) 243-7235 ♦ GRAND JUNCTION, COLORADO 81501 — ANALYTICAL REPORT Water Resource Consultants- EXHIBIT 3 Received frOm 734 Centauri Ct Grand Jct CO 81506 5263a water Customer No. Laboratory No. Sample Date Received 3/5/25 Date Reported 4!1_�25 Lab number 5263a Limits for Drinking StPplies Sample ID Beaver Dam Res Outlet by Colo. Dept: Health 3/4 16:10 PC Arsenic(As) 0.000 mg/l D_01 mg/1 Barium(Ba) 0.34 mg/1 2-0" mg/1 Cadmium(Cd) 0.0000 mg/l 0.005 mg/l Chromium(Cr) 0.000 mg/1 0-1 mg/l Fluoride(F) 0.05 mg/l 4 mg/1 Lead(Pb) 0.000 mg/l 0-015 mg/l Mercury(Hg) 0.00000 mg/l 0.002 mg/l Nitrate(N) 0.18 mg/l 10.0 mg/l Selenium(Se) 0.000 mg/l 0-05 mg/l Silver(Ag) 0.0000 mg/l 0.05 mg/l Color(Co/Pt unit) 3 15 pH 7.54 6-5-8.5 is acceptable Conductivity@25 deg. C 468 umhos/cm no official limit Sodium(Na) 5 mg/l 20 mg/l Calcium(Ca) 52 mg/l no official limit Magnesium(Mg) 18 mg/1 125 mg/ l Potassium(R) 1 mg/l no official limit Chloride(Cl) 3 mg/l 250 mg/1 Sulfate(SO4) 18 mg/l 250 mg/l Phenol. Alkalinity(CaCO3) 0,mg/l no official limit Total Alkalinity(CaCO3) 204 mg/l no official limit Bicarbonate(HCO3) 247 mg/l no official limit Carbonate(CO3) 0 mg/l no official limit Dissolved Solids 308 mg/l 50b mg%l Hardness (CaCO3) 203 mg/l 200 mg/l Turbidity(NTU) 0.75 NTU 1 NTU Boron(B) 0.11 mg/l no official limit Copper(Cu) 0.000 mg/1 1.3 mg/ l Iron(Fe) 0.05 mg/l 0-3 mg/l Manganese(Mn) 0.037 mg/l 0.05 mg/l Molybdenum(Mo) 0.000 mg/l no official limit -Ammonia(N) 0.00 mg/1 no official limit Phosphate(P) 0.13 mg/l no official limit Zinc(Zn) 0.008 mg/l 5-0 mg/l Total Coliform Bacteria 6 cfu/100ml 41cfu /100m1 page 1 of 2 this sample Lab Dir.: Brian S. Bauer GRAND JUNCTION LHORATORIIS 429 MORs14 AVKNUK ♦ F im (VM) 242-7610 ♦ FAs: 243-7235 ♦ G*ANo JUPCTNN. COLO"go 8150! NOTES m sample # 5263a Beaver Dam Res Outlet 3/4 16:10 PC public drinking water supply limits are given for reference. Tested parameters exceeding the limits are as follows: The limit for hardness was exceeded and scale formation -can be expected along with a lesser effectiveness of soars_ Drinking supplies must have a Coliform Bacteria of less than one cfu/100m1. Not all factors which might be harmful were tested: but the analysis performed covers many common problems_ For more information regarding drinking water safety, call the EPA Safe Drinking Water Hotline at 1-800-426-4791_ Page 2 of 2