HomeMy WebLinkAbout20030082.tiff From.load Hodges to:dily&Jolores Roberts Date: 12/12/2002 lime 55744 PR1 Page 3013
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DEC-12-2002 TN] 03:24 PM WELD CO GOV- FAX NO. 9703520242 P. 02
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P.O. SOX 758
RE tr'�J_} aREELEY,COLORADO 80832
COLORADO
Downturn 12,200;-
William and Dolores Roberts
do Todd Hodges Design, LLC
2412 Denby Court"
Fort Collins, Colorado 80528
Dear Mr. Hodges:
Your clients'application for a Change of Zone.352 from the A(Agric ittural)Zone District to the
PUD(Planned Unit Development)Zane District for ten(1O)residentia lots with E(Estate)Zone
uses,and 614/•acres of common opsrk$paoe me Dean recommenot d untavorawy to me
Board of County Commissioners by the Planning Commission; The It gal description of the:
property involved is shown as part.of thetu%A and Et of Rebarded;S(emption#2342;being
. ' part of the-861/4 of Section:30,Township 8 North, Range 68 West of the 8th P.M.,Weld
County,Colored°:
If you wish to be heard by the Board of County Commissioners, it will be necessary for you to
Indicate your request by signing the bottom of this letter and retuminc it to this office. Regular
hearing`procedures will Men be followed.
In order to proceed as quickly as possible,we must receive your rapt by January 13,2003. If
we are not in receipt of your request by that date; the matter will be dinaidered dosed.
sinter*,
BOARD Of COUNTY COMMISSIONERS
W�COUM�r', COLORADO
4.44,
villein Vaad. Chair
GVleeg
.
Me,. ��� �Z/. ; do hereby rogue st the Board of County
Commiaalongrs to consider ttre`above mentioned application.
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I. EXHIBIT
I eat.e-
55a
2003-0082
DISTRICT COURT, WATER DIVISION NO. 1,
COLORADO
9th Street& 9th Avenue
P. O. 2038
Greeley, CO 80632
CONCERNING THE APPLICATION FOR WATER
RIGHTS OF:
WILLIAM R. ROBERTS AND DOLORES A. ROBERTS
IN WELD COUNTY. COURT USE ONLY
Kim R. Lawrence, #8366
Lind, Lawrence & Ottenhoff LLP Case N2 02-CW-_
1011 11th Avenue
Greeley, CO 80631
Phone: (970) 356-9160
Fax: (970) 356-1111
E-Mail: kim@llolaw.com
APPLICATION FOR WATER RIGHT, CHANGE OF WATER RIGHTS AND
PLAN FOR AUGMENTATION
1. Name,Address and Telephone Number of Applicant:William R. Roberts and
Dolores A. Roberts, 12691 WCR 641/2, Greeley, Colorado 80631.Telephone:
(970) 686-5972.
APPLICATION FOR WATER RIGHT
2. Name of Structure:Bracewell Lake.
2.1. Legal Description of Structure: In the SE%of Section 30, Township 6
North, Range 66 West of the 6th P.M., Weld County, Colorado. See
Figure 1.
2.2. Source of Water:Groundwater tributary to the Cache La Poudre River.
2.3. Date of Initiation of Appropriation: June 27, 2000.
F:\KIM\Robects.Billy\Application 12 16 02.wpd 1
EXHIBIT
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2.4. How Appropriation Was Initiated: Contract executed for excavation of
Lake.
2.5. Amount Claimed: 825 acre feet, conditional.
2.6. Use: Irrigation of 3 acres, recreation,fish, wildlife.
2.7. Description of Project Bracewell Lake will be excavated. The lake
uses will be for irrigation of the Bracewell PUD, fish and wildlife
habitat,water skiing and related recreational activities.Augmentation
of out of priority depletions caused by evaporation of the lake surface
will be made as described below. A map showing the location of the
lake is attached.
CHANGE OF WATER RIGHTS AND PLAN OF AUGMENTATION
3. Change of Water Rights: Applicant owns 8 shares of the Whitney Ditch
Company and seeks to change the use to add fish and wildlife habitat,water
skiing and related recreational activities and augmentation uses.
4. Decree for the Water Rights: The Whitney Ditch headgate is located in
Section 19,Township 6 North, Range 67 West of the 6th P.M., Weld County,
Colorado on the north side of the Cache La Poudre River. Applicant's 8
shares of the Whitney entitle it to a prorata amount of the following decrees:
Case N2 Amount Appropriation Adjudication
320 48.23 cfs 9/1/1862 4/11/1882
320 12.95 cfs 9/10/1871 4111/1882
5. Historic Use:The 8 shares of the Whitney were historically used for irrigation
of 74 acres on the Roberts farm in the SE%of Section 30,Township 6 North,
Range 66 West of the 6th P.M., Weld County, Colorado. See Figure 1. The
historic cropping pattern was alfalfa, 40 acres; corn 20 acres; sugar beets
14 acres during the study period,1950-1996. Beginning in 2000 the land was
converted into an aggregate mine and 5 of the shares have been used for
augmentation of the mine.
6. Plan of Augmentation: Applicant proposes to use the consumptive use from
the 8 shares to augment the Bracewell Lake evaporation. 7.5 shares will be
delivered directly in to the Lake and .5 share to a lined pond adjacent to the
Lake. Historic ditch losses will be maintained as the shares will be delivered
through the ditch. Historic return flows from the parcel were assumed to be
67% subsurface and 33% surface returns and average 104.75 acre feet per
r-. year. The subsurface returns were lagged based on a 174 day SDF given the
F:WM\Roberts,BilyVWplieatton 12 IS 02.wpd 2
parcel's distance from the Cache La Poudre River. The average annual
depletion attributable to evaporation of 33 acres of lake surface is 78.99 acre
feet. The table below shows the Farm headgate delivery of the 8 shares, Row
1; share lagged returns, Row 2; depletions from lake evaporation and
irrigation of 3 acres, Row 3; lagged accretion from the 7.5 shares, Row 4;
release from on-site storage of.5 share, Row 5; net effect, Row 6. All values
are in acre feet.
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total
1 0.00 0.00 0.00 5.80 29.10 37.39 63.14 57.09 32.84 1.99 0.44 0.00 227.23
2 4.87 3.70 3.57 4.08 8.39 10.40 15.93 17.15 14.37 9.54 7.11 5.83 104.75
3 5.83 4.93 4.88 5.03 5.95 7.15 8.56 0.64 9.93 9.42 8.47 7.23 86.82
4 14.53 11.52 9.75 10.58 13.90 19.18 15.93 28.05 28.73 28.17 21.67 17.84 213.03
5 0.00 0.00 0.00 0.00 3.76 3.85 5.30 0.74 0.00 0.00 0.00 0.00 13.45
6 4.03 2.89 2.85 0.64 0.00 0.00 0.00 0.00 4.43 9.21 6.09 4.78 34.91
Historic returns will be maintained for all calls senior to the date of the filing
of this application. Since the net effect on the river is positive, there is no
material injury to senior vested rights.
7. Name of Owner of Land on Which Structures are Located: Applicant owns the
land and Bracewell Lake. The Whitney Irrigation Company, 11492 WCR 64%,
Greeley, Colorado 80631 owns the Whitney Ditch.
DATED this, FA(day of December, 2002.
LIND, LAWRENCE & OTTENHOFF LLP
&Jaw`
Kim R. Lawrence, #8366
Attorney for Applicant
1011 Eleventh Avenue
Greeley, CO 80631
Telephone: 970-356-9160
E-FILED PURSUANT TO RULE 121. DULY SIGNED COPIES ON FILE AT THE OFFICES OF
LIND,LAWRENCE&OTTENHOFF,LLP
F:WM\Roberta,BilbfiApplication 1216 02.wpd 3
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
Forrest Leaf, after being first duly sworn upon oath, deposes and states that he is
the Water Resource Engineer for Applicant,that he has read the fore;oing and that
the contents contained therein are true and correct t be f of i formation,
knowledge and belief.
Forrest L�
Subscribed and sworn to before me thisli day of December, 201 ' by Forrest
A. Leaf.
WITNESS my hand and official seal.
My Commission Expires: 23-September-2004
[Maureen Hon]
✓'` Notary Public
E-FILED PURSUANT TO RULE 121. DULY SIGNED COPY ON FILE AT THE OFFICES OF
LIND,LAWRENCE&OTTENHOFF,LLP
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EXHIBIT
IZ E Cow #55
Ur!iuiqht ri ?1i? I Board Details Meeting North Weld
Ten Water Saving Tips Meetings are held the second and fourth
1. Add compost to the soil & mulch the surface to Monday of each month at the NWCWD Office co u my UVate r
reduce evaporation loss. Try the new cocoa mulch beginning at 1:00pm. Meetings are open to the
available at gardening stores-it has many great public. i'y.�-
attributes! Di1,1,
2. Group plants by watering needs. -I
7Sti;::
3. Replace sections of lawn with shrubs, flowers, or ir ''
xeriscape (rock, native plants and shrubs that Board Members:
require little if any water). '"` f. ALAS e •w
Gary Simpson, President
4. Raise your mower blade & mow at 2.5"- 3". Chuck Achzinger, Vice President
Robert Arnbrecht, Secretary
5. Repair leaks to sprinklers& hoses. Make sure ,d * fcr
sprinkler heads are spraying lawn, not the sidewalk Ralph Prior,Treasurer , l
_
or hard surfaces and make sure that all rubber
John Johnson, Officer _
washers are sealing properly. Don Posselt, District Manager
6. Use water timers to control duration of use.
7. Spray commercial water wetter products on a
lawns and plants to improve water penetration. Partnerships & Additionali" .,taF
8. Mix a commercial crystal water absorber into the Information:
soil when planting. This provides increased soil
moisture retention as well as a slow release i 4 EXHIBIT a
fertilizer. Northern Colorado Water Conservancy Dist. `
9. Plant water saving grasses instead of high (970) 667 2437 lM��z iT,y3-4�` }
maintenance varieties. Many new varieties have
been released in recent years that conserve water
and look great. Look to Colorado State University For Your information: District Newsletter
and your local extension service for information on A web-site maintained by Colorado state
varieties and new strains. The widely advertised University provides information related to
:oysia grass does not grow well in our growing zone the impacts of the drought on people and
5-therefore carefully research your water saving N ove r 2002
ideas so that they really do save you money and the environment. The site was created to 1r �I `
time. provide Coloradoans withtimely, useful
information relating to the current drought.
10. Inside your home take shorter showers, turn off 33247 HWY 85 P.O Lucerne. CO 80646
the water while brushing your teeth, do dishes in Log on to www.drought.colorado.edu t0 Phon : (97013 :(9701 395-0997
one sink of water-do not leave the water running to learn more about what you can do to
Hours: 8:OOA to _ Monday- Friday
rinse, Run only full loads of dishes and laundry and minimize the effects of the drought. After Hours Drop-Box; rat side of the budding
et the water level to the appropriate load size, Keep bit door
a pitcher of d•t^king water in the refrigerator-why For your convenience, service is
wait. _to get cold from the tap? available by )356 3.
- a
From Our -` .;r.. �3 4
_ _ _ Fee & Rafe Sc
District Manager... .: �.,,,, ,,„,,,„,„,,,,,..... � ;� ...,,,,,, -
_ :. ,,,,:,__
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�:��� � � �`� �taIl'red Water Year =
Drought
The current • metertakenin
Our region is in the midst of a drought of historic :- - ,,_ .
proportions. Droughts are tike economic recessions you O O ni be a A' �
@.. 'i:: ' .rigs`-�p<Y.. ` �V Y_ R` f
can never really tell when they begin or when they end - ,�'� �:,ti:: . �� - ,i ,� dpr ;
c '... :,;,- Bares WatetP .
but,when you arc in one,you know it. The current water -j S 4":":40:: :";:'-':'''' :'''--4-111-414C-:‘-
: �
shortage resulted from (I) a lack of precipitation and(2) 0 m10,000 gbrt $)! y�
demands for water exceeding the available supply. The 10,000 gallons and up $1,85 ,
length of this drought is an unknown,therefore,it is ' ' �' �°
g g fail f --� ar���}�M.
imperative that we cut water consumption to preserve as Your January 2003 billing will reflect the llov -
much water as we can for next year. 0 to 10,000 gallons $21.00 Minimum ''':-'''-'1---77.1.'''.." ;"51:,..T,,,
1--7. . 4 . x
NWCWD relies mainly on the Colorado Big Thompson 10.000gallons and up $2.10per 1,000 gallons y Y ?~.
P ri
Project(CBT) for our water supply. The level ofC'BT's 4,, u
primary storage has dropped to historic lows. The Water Rental
projected delivery from the CBT system for 2003 is 30%, North Weld County Water District has offered water rental to customers in the past. 1
this would mean only approximately 1/3 of the District's �', x 4
available effective October 2002.
('BT supply would be available in 2003. The District will `A4 ,;c -*�
start the new water year with a normal 70%delivery hut 6 :
will re-evaluate and possibly request or mandate stricter
Water Surchar e x
watering restrictions as the spring runoff is evaluated. Surcharge will be assessed when an account's year to date usage exceeds their annual a
The District has started to acquire water rights from surcharge is S1.00 per 1,000 gallons of usage. This fee is to recover the District's cost to obtain a
sources other than the CBT Project. We arc also water rights for delivery.
participating in building a pipeline from the Munroe Canal
(a diversion from the Cache la Poudre River)to the Soldier Rate Differential Charge
Canyon Filter Plant. This sixty seven inch(67")pipeline North Weld County Water District's customers have the option of transferring Colorado Big Thompson
would partner the District, East Larimer County Water (CBT) Project Water that they own or control to the district, on an annual basis. This water satisfies the
District,fort Collins/Loveland Water District,the City of amount of usage above the raw water allocated to a tap. The District will treat and deliver this water without
Fort Collins and the the City of Greeley in sharing
construction costs. A pipeline is necessary to deliver a water surcharge. A Rate Differential charge of$30.00 per acre-foot will be assessed on all of these
Poudre Basin raw water to the filter plant. The District has transfers.
been investigating water storage projects with other
entities to be able to store water between years,mitigating Conservation Charge
the effects of a drought. Bringing water storage on-line is When an account's year to daze usage exceeds their Plant Investment Alloti t(#of equivalent taps x the
a long process,with the past political climate not being yearly allotment of water al , per,tap),a Conservation Charge will be assessed,-.TheThe!ratOfer,of additional
conducive to such projects. Hopefully,the need for more water will not remove t ' ge. Additional Plant Investments must be purchased fo`� the allotment
water storage is visible to more people at this time so and reduce tion-Charges. ****Change Effective November 1, 2002.
projects can move forward. Currently the permitting 0 to 456,000 gallons above :Plant Tnve nt Allotment $3.15 per 1.000 gallons
process with all the governmental entities takes a period of
two to ten years if no extensions are requested. More than 456000 r� i e the Plant~4.westment Allotment $1.30 per 1,000 gallons
Conservation of water resources is valuable as a water 4 ;.
management tool but,with the population of Colorado Residential Only( RO) Tans ,.
having increases 32%in the last decade,it is not capable Check with NWCWD for Residence Only Charges and restrictions. =fi4` ,''-.
alone of supplying future needs. -Don Posselt '''''":::' ,t''':-=.-:':,1': :._
NWCWD,C W D, East 1 arimer County
1 H E R� (LLCM and Lon Collins Loveland
, � ti water District (l Cl Wu) are
the onset of winter, most of us have concerns
_ff2_ members of the Partnership thr Safe unrelating to this summer's drought plagued months.
Water Program(an association of
0 , � water utilities and government)
sq E E �V winc h is quality committedar to din t egnirea Although the winter offers a reprieve from the heat, we must not
wateby Federal Regulations. forget that conservation and smart water consumption practices must
continue through the winter in preparation for drought conditions
;; possible next spring and summer.
I
4' _ f1
t
Facts: How much water do you think it takes to grow or produce a serving of each item?
Almonds: 12 Gallons Lettuce: 6 gallons Pair of Jeans from Cotton: 1,800 gallons
Chicken: 400 gallons Milk: 65 gallons 40 Sheets of Paper: 100 gallons
Beef: 2,500 gallons Rice: 35 gallons 2-lb. Loaf of Bread: 1,000 gallons
French Fries: 6 gallons Tomatoes: 3 gallons 12 oz Can of Soda: 16.5 gallons
Watermelon: 100 gallons 1 Egg: 120 gallons
Loaf of Bread: 150 gallons 1 Car: 65,000 gallons ,,
Source:http://ga.waler.gordedu-egi-bin/scl USGS Water Science Websile
Can you think of other wan to conserve water around your home?
Low flow toilets Low flow shower heads Low flow aerators on faucets
Check toilets for leaks- Place food coloring in the tank of the toilet, if the color shows up in
the bowl then you have a leak. Many commercial cleaning products can wear,.-
away the valve at a faster rate-be sure to replace the valve often to - v,
avoid wasting resources. \
Dripping faucets- Turn off water at the wall until you are able to fix the ,-- tom°a�°o\. \`\
leak to conserve water. ��Ja�a� a •o ,
Annual Drinking5, , �ar. \sue"
" � f mom' ote`l'l .--
etc'
� R5 I�LFAOvde. P of\m "°\ty,tt��c.�
r it� \ to X034 5'4 :\eNt°o\ 61'(ve6 e u
bl a� °'•
Report 016 \06" co,„„ck io "
The report details the quality of North Weld County
'
Water District's water quality as regulated by the A 1000 square foot roof(the average size) will
Environmental Protection Agency (EPA). The report is produce 625 gallons of runoff with a rainfall of 1
designed to inform you about the quality water and inch. Have you considered installing rain-barrels
services we deliver to you everyday. Our constant goal is _ under each of your downspouts??
to provide you with a safe and dependable supply of This is one of the easiest ways to _-•-�
drinking water. Our water comes from Horsetooth iT:
gather filtered ram water (we all
Reservoir via Soldier Canyon Filter Plant (PWSID know our plants relish this water
#135718). We also exchange water with the City of Fort
Collins. much more than tap water). Just
think you can probably do most
If you have any questions about this report or concerningof your outside watering with the
your water utility, please contact us at (970) 356-3020.
collected water rather than paying
All public water systems are required to have a source - for water from the tap! Our office can provide
water assessment completed by August 2003. To find out information on where to purchase rain-barrels or
what our system has been doing stop by the office for the directions on how to make your own. Please
current report or look in our Summer Newsletter 2003 for
the published findings. contact us for information! Even winter is a good
!. time to collect!
) ) )
Residence Only (RO) Usage Information for North Weld County Water District
January 14, 2002
Usage History of Residence Only"RO"Taps (All Usages in 1,000 gallons)
Meter#
2339 3066 3067 3071 3075 3083 3087 3137 3146 3153
November, 2001 7 0 10 6 1 6 1 1 3 4
December,2001 6 0 11 5 2 2 4 1 5 1
January, 2002 9 1 17 5 1 2 4 1 8 4
February, 2002 5 0 15 6 3 2 3 1 7 3
March, 2002 8 0 19 7 2 1 3 4 5 6
April, 2002 7 0 12 7 1 4 4 30 10 6
May, 2002 7 0 8 6 1 3 4 34 9 4
June, 2002 9 1 10 5 2 3 3 16 10 3
July, 2002 7 0 8 6 2 4 3 32 25 5
August,2002 6 0 8 8 1 6 4 30 27 3
September, 2002 7 3 7 9 1 2 4 16 8 8
October, 2002 5 0 7 8 2 2 4 13 7 4
Total Usage 83 5 132 78 19 37 41 179 124 51
Avg. Usage/Month 6.9 0.4 11.0 6.5 1.6 3.1 3.4 14.9 10.3 4.3
Average Annual Usage of RO
Taps (1,000 gallons) 74.9
Weld County Septic System Design Parameters use a household consumption rate of 75 gallons per person per day.
From the''Weld County Colorado Comprehensive Plan", 1995; there are 2.8 persons per household.
75 gallons per day X 2.8 persons per household x 365.25 days/year= 76,703 gallons
75 gallons per day X 4.0 persons per household x 365.25 days/year= 109,575 gallons
EXHIBIT
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