HomeMy WebLinkAbout20043095.tiff LITTLETOMPSON WATER D"a`TRICT
DIRECTORS: Telephone(970)532-2096
Tom Reynolds 835 E.Highway 56
"a., President Drawer G
Ron Baled
Berthoud,CO 80513
Keith Croonquist
Robert Boggle
www.ltwd.org
Dean Andenon
Carry 1.Salomonson
Alex Sauer
MANAGER:
Richard B.B.Whittet
February 2, 2004
Mr. James Stepanek
P. O. Box 1455
Berthoud, CO 80513
To Whom It May Concern:
Little Thompson Water District provides water service to James Stepanek, 18012 Weld County
Road, Berthoud, Colorado, tap #355.
Any questions may be directed to me at the District office.
Yours truly,
Richard H.H. Whittet
District Manager
2004-3095
May 11 04 11:27a p. 1
3 FRIO IN
INSTINCT COURT
0CT Z 396
DISTRICT COURT, WATER DMSION N9 1, COLORADO
anaceuunkceux
Case No. 96-CW-144
FINDINdS OF FACT, CONCLUSIONS OF LAW AND DECREE OF THE
WATER COURT
CONCER$ING THE APPLICATION FOR WATER RIGHTS OF:
JAMES STEPANEK
IN WELD COUNTY.
THIS CLAIM having been filed with the Water Clerk, Water Division NI 1, on June
28, 1996, and all matters contained in the application having been reviewed and evidence
having been taken as necessary, the Court hereby enters the following Findings of Fact,
Conclusions of Law and Decree:
FINDINGS OF FACT
1. The Applicant is James Stepanek, P. O. Box 1455,18012 W.C.R. 1, Berthoud,
Colorado 80513.
2. All notices of this matter required by law have been fulfilled and the Court has
jurisdiction over the subject matter of this application and over all persons and
property affected by it, irrespective of whether they or its owners have appeared.
3. No Statements of Opposition have been filed and the time for filing Statements of
Opposition has expired.
4. Name of Structure: Stepanek Diversion PP 1
A. Legal Description of Point of Diversion: In the Southwest 3,of the Southwest
% of Section 31, Township 4 North, Range 68 West of the 6th P.M., Weld
County, Colorado at a point 30 feet North and 15 feet east of the Southwest
corner of said section.
B. Source: Unnamed drainage ditch.
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C. Date of Initiation of Appropriation: April30, 1993.
D. Amount 200 g.p.m., absolute.
E. Use: Irrigation of 2.0 acres on Lot A, Recorded Exemption Ne 1061-31-3-RE
1285, in the South'A of the Southwest 36 of Section 31, Township 4 North,
Range 68 West of the 6th P.M., Weld County, Colorado, in combination with
diversion points 2 through 7.
5. Name of Structure: Stepanek Diversion N9 2
A. Legal Description of Point of Diversion: In the Southwest 34 of the Southwest
34 of Section 31, Township 4 North, Range 68 West of the 6th P.M., Weld
County,Colorado a a point 170 feet North and 15 feet east of the Southwest
corner of said section.
B. Source: Unnamed drainage ditch.
C. Date of Initiation of Appropriation:April 30, 1993.
D. Amount: 200 g.p.m., absolute.
E. Use: Irrigation of 2.0 acres on Lot A, Recorded Exemption N91061-31-3-RE
1285, in the South%of the Southwest 14 of Section 31, Township 4 North,
Range 68 West of the 6th P.M.,Weld County, Colorado, in combination with
diversion points 1, 3 through 7.
6. Name of Structure: Stepanek Diversion Ne 3
A. Legal Description of Point of Diversion: in the Southwest%of the Southwest
%4 of Section 31, Township 4 North, Range 68 West of the 6th P.M., Weld
County, Colorado at a point 153 feet North and 45 feet east of the Southwest
corner of said section.
B. Source: Unnamed drainage ditch.
C. Date of Initiation of Appropriation: April 30, 1991.
D. Amount:600 g.p.m., absolute.
F'K AM MPANEMOECR EZMWD
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E. Use: Irrigation of 2.0 acres on Lot A, Recorded Exemption N'1061-31-3-RE
1285, in the South'i4 of the Southwest Y.of Section 31, Township 4 North,
Range 68 West of the 6th P.M., Weld County, Colorado, in combination with
diversion points 1,2, 4 through 7.
7. Name of Structure: Stepanek Diversion N'4
A. Legal Description of Point of Diversion: In the Southwest'/.of the Southwest
V.of Section 31, Township 4 North, Range 68 West of the 6th PM., Weld
County, Colorado at a point 153 feet North and 107 feet east of the
Southwest corner of said section.
B. Source: Unnamed drainage ditch.
C. Date of Initiation of Appropriation: April 30, 1991.
D. Amount Claimed: 600 g.p.m., absolute.
E. Use: Irrigation of 2.0 was on Lot A, Recorded Exemption No 1061-31-3-RE
1285, in the South'A of the Southwest 36 of Section 31, Township 4 North,
Range 68 West of the 6th P.M.,Weld County, Colorado, in combination with
diversion points 1 through 3, 5 through 7.
8. Name of Structure: Stepanek Diversion No 5
A. Legal Description of Point of Diversion: In the Southwest%.of the Southwest
V.of Section 31, Township 4 North, Range 68 West of the 6th P.M., Weld
County, Colorado at a point 153 feet North and 165 feet east of the
Southwest corner of said section.
B. Source: Unnamed drainage ditch.
C. Date of Initiation of Appropriation: April 30, 1991.
D. Amount Claimed: 600 g.p.m., absolute.
E. Use:Irrigation of 2.0 was on Lot A, Recorded Exemption No 1061-31-3-RE
1285, in the South'A of the Southwest%.of Section 31, Township 4 North,
Range 68 West of the 6th P.M., Weld County, Colorado, in combination with
diversion points 1 through 4, 6, 7.
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9. Name of Structure: Stepanek Diversion N°6
A Legal Description of Point of Diversion:In the Southwest/of the Southwest
Y of Section 31, Township 4 North, Range 68 West of the 6th P.M., Weld
County, Colorado at a point 153 feet North and 235 feet east of the
Southwest comer of said section.
B. Source: Unnamed drainage ditch.
C. Date of Initiation of Appropriation: April 30, 1991.
D. Amount: 600 g.p.m.. absolute.
E. Use: Irrigation of 2.0 aaes on Lot A, Recorded Exemption N°1061-31-3-RE
1285, in the South'A of the Southwest Y of Section 31, Township 4 North,
Range 68 West of the 6th P.M., Weld County, Colorado, in combination with
diversion points 1 through 5, 7.
10. Name of Structure: Stepanek Diversion N°7
A. Legal Description of Point of Diversion: In the Southwest 1/4 of the Southwest
% of Section 31, Township 4 North, Range 68 West of the 6th P.M., Weld
County, Colorado at a point 190 feet North and 435 feet east of the
Southwest corner of said section.
S. Source: Unnamed drainage ditch.
C. Date of Initiation of Appropriation: April 30, 1993.
D. Amount: 200 g.p.m_, absolute.
E. Use: Irrigation of 2.0 aces on Lot A, Recorded Exemption N° 1061-31-3-RE
1285, in the South 3 of the Southwest A of Section 31, Township 4 North,
Range 68 West of the 6th P.M.,Weld County, Colorado, in combination with
diversion points 1 through 6.
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CONCLUSIONS OF LAW
11. The Court has jurisdiction of the subject matter of this application and all persons
affected hereby, whether they have appeared or not, pursuant to§37-92-203(1),
§$7-92-302 and§37-92-304, C.R.S.
12- No Statements of Opposition have been filed and the time for filing Statements of
Opposition has expired.
13. Full and adequate notice of the claim adjudicated herein hes been given in the
manner required by law.
DECREE
14. ¶1 through¶13, inclusive, are incorporated herein by reference and made a part of
this Decree as if fully set forth.
15. The appropriations for Stepanek Diversions Na 1-7 in ¶4-¶10 above are hereby
adjudicated and decreed The diversions from Stepanek Diversions N° 1-7, in
combination, shall not exceed 800 g.p.m. at any one time. Applicant shall divert
water under this decree only when in priority.
16. Applicant shall install and maintain such measuring devices and maintain such
records as the Division Engineer may require for administration of these rights.
17. The priorities herein awarded said applicant were filed in the Water Court in the
year of 1996 and shall be administered as having been filed in that year, and shall
be junior to all priorities filed in previous years. As between all rights, filed in the
same calendar year,priority shall be determined by historical dates of appropriation
and not affected by the date of entry of the decree.
DATED this 7.t5 day of 0e- , 1996.
BY E COURT:
Jonathan W. Hays
Water Judge
Water Division No. 1
FraminummicumuWPD
May 10 04 11:27a .6
EASEMENT AGREEMENT
This Agreement is made this S day of August, 1997 by James Stepanek,
hereinafter'Grantor,' and Judy L and Ellen E. Gale, hereinafter'Grantees."
1. Grantor, the owner of Lot A Recorded Exemption N21285 in the Southwest
Quarter of Section 31, Township 4 North, Range 68 West of the 6th P.M., Weld County,
Colorado, hereby grants and conveys an easement to Grantees for the diversion of water
to be decreed in Case N2 95-CW-47. The easement begins on Lot A at a point 190 feet
North and 363 feet east of the Southwest corner of said Section 31 and dots generally in
a northeast direction until it intersects Grantees property. Grantees property is described
in ¶5. The easement is for a 4 inch pvc pipe that shall be buried and the width of the
easement shall be two feet,one foot one either side of the center line. The easement shall
include ingress and egress along the easement for operation, maintenance and repair of
the diversion structure and pipeline and an additional 10 feet on either side of the center
line for installation of the pipe,replacement or repair.The easement shall be non-exclusive
and Grantor shall have the right to make all uses not inconsistent with the easement.
2. Grantees shall bear all costs for operation, maintenance or repair of the
diversion structure and pipeline. Grantees shall install a headwall around the point of
diversion to keep the bank form eroding. Grantees to clean and maintain the point of
diversion.
3. Grantees hereby indemnify and agree to hold Grantor harmless of and from
any claims or cause of action torn third parties against Grantor arising out of the use and
operation of the diversion and pipeline by Grantees.
4. The easement grated is appurtenant to Grantees property described as a
tract of land being a part of the Southwest Quarter(SWY4) of Section 31, Township 4
North, Range 68 West of the 6th P.M.,Weld County, Colorado and being more particularly
described as follows: Commencing at the Southwest corner of said Section 31 and
considering the West line of said Southwest Quarter(SW36)to beer North 00°00'00"East
with all bearings herein being relative thereto; Thence North 00°00'00" East along the
West line of said Southwest Quarter(SW%4), 200.00 feet to the True Point of Beginning;
Thence continuing North 00°00"00" East, 200.00 feet; Thence North 90°00'00" East
400.00 feet; Thence South 00°00'00" West, 200.00; Thence South 90200'W' West,
400.00 feet to the True Point of Beginning. Said tract of land contains 1.837 acres. The
easement may not be transferred, assigned or encumbered except as appurtenant to that
property,which property shall constitute the dominant estate and the property of Grantor
over which the easements run aid which is burdened thereby shall constitute the servient
estate.
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6. The easement constitutes a covenant running with the real property and
shall bind every person or entity having any fee, leasehold or other interest in any portion
of the dominant or servient estates at any time or from time to time hereafter to the extent
that such property is affected or bound by the easements.
7. The acceptance of any transfer or conveyance of title from Grantor or
Grantees or their respective heirs, representatives, successors or assigns, of all or any
part of their interests in the dominant or servient estates shall be deemed to require the
prospective Grantee to assume and agree to perform each and all of the obligations of the
conveying party under this Easement Agreement
8. The easement granted herein shall be of perpetual duration unless
terminated in a writing signed by the parties or their successors. If the easement is
abandoned by nonuse, it shall be terminated and all rights granted herein shall revert to
Grantee or Grantees successors.
9. The parties hereto agree that the Decree in Case N°95-CW-47 shaft limit the
diversion to the point described in¶1, not to exceed 72 g.p.m. for irrigation and stock
watering on Grantees property.
10. This Easement Agreement shall inure to the benefit of and be binding upon
the parties hereto and their respective heirs, executors, administrators, representatives,
successors and assigns.
11. A fully executed original of this Easement Agreement shall be recorded in
the office of the Clerk and Recorder of Weld County, Colorado.
DATED the date and year first written abov .
ao
Grantor
x
L N , Grantee
e la, . . ,.fie.
Ellen L. Gale, Grantee
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STATE OF COLORADO )
)ss.
COUNTY OF WELD )
Subscribed and sworn to before me this L5t day of�997, by James
Stepanek
etlif
WITNESS my hand and official seal. Ot�
?: sects i
My Commission Expires: 5-7-2G6f I AN{J3FT�ICl
. ' I. A .:. �` .
Notary Public ✓ eras.
STATE OF COLORADO )
)ss
COUNTY OF WELD )
!Qnrr.er ,,,, ,
Subscribed and sworn to before me this/I_ day opAsiT, 1997, by Jisilatpn''
and Ellen E. Gale 4-1/4)-u I - •
••
WITNESS my hand and official seal. ti^ �o� • '
• r�^
My Commission Expires: 3'?O 1406 •• y � .11;••
Notary ublic
State of Colorado
County of Boulder
Subscribed and sworn to before- me this 16th day of July, 1997, by Judy Newton.
Witness my hand and official seal.
My Commission Expires: `1 • i C -
Npo ry �Public :_it �.� S;
Cif
4ta3T4'S�� '1
PKOWY EPANU UGUMMM.7 3
2565938 8-1623 P-286 08/28/1997 01:36P PG 3 OF 3
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HSF'106F' INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT NO, G -909110
WELD COUNTY HEALTH DEPARTMENT NEW PERMIT
ENVIRONMENTAL HEALTH SERVICES
1517 16TH AVENUE COURT, GREELEY , CO 80631
353 -0635 EXT.2225
OWNER MLUSS° , SAM & MARGRET ADDRESS 1 531 W:I:F'PORW:[LL.. PH ( 303) 948-26
PUEBLO CO 81001
ADDRESS OF PROPOSED SYSTEM 1801 : WCR 1
BERTHOUD CO 80513
LEGAL DESCRIPTION OF SITE : S2 SW4 SEC 31 TWF' 4 RNG 68
SUBDIVISION : - LOT 0 BLOCK 0 FILING 0
USE TYPE : RESIDENTIAL LOAN 141 -90'
SERVICES : PERSONS 1 BATHROOMS 1 .00 LOT SIZE 2.98 ACRES
BEDROOMS 2 BASEMENT PLUMBING NO WATER SUPPLY LTHMF'
AP'P'LICATION FEE $0.00
REC ' D BY RECEPTIONIST AID SIGNED BY DAVID SCHWIND/AGENT
DATE 10/04/90 DATE 10/04/90
PERCOLATION RATE 40. 0 MIN PER INCH LIMITING ZONE 0 FEET
SOIL TYPE SUITABLE PERCENT GROUND SLOPE 0% DIRECTION
REQUIRES ENGINEER DESIGN NO
FROM THE APPLICATION INFORMATION SUPPLIED AND THE ON-SITE SO]:L PERCOLATION DATA
THE FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE REQUIRED :
SEPTIC TANK 750 GALLONS, ABSORPTION TRENCH 330 SQ. FT.
OR
ABSORPTION BED SQ. FT.
1 ADDITION, THIS PERMIT IS SUBJECT TO THE FOLLOWING ADDITIONAL. TERMS AND
CONDITIONS .
THIS PERMIT IS GRANTED TEMPORARILY TO ALLOW CONSTRUCTION TO COMMENCE, THIS PERMIT
MAY BE REVOKED OR SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SET
FORTH IN THE WELD COUNTY INDIVIDUAL.. SEWAGE DISPOSAL SYSTEM REGULATIONS INCLUDING
FAILURE TO MEET ANY TERM OR CONDITION ]IMPOSED THEREON DURING TEMPORARY OR FINAL
APPROVAL. THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE: ASSUMPTION BY THE..
DEPARTMENT OR ITS EMPLOYEES OF LIABILITY FOR THE FAILURE OR INADEQUACY OF THE
SEWAGE DISPOSAL SYSTEM.
WES POTTER 10/04/90
ENVIRONMENTAL SPECIALIST DATE
THIS PERMIT IS NOT TRANSFERABLE AND SHALL BECOME VOID IF SYSTEM CONSTRUCTION HAS
NOT COMMENCED WITHIN ONE YEAR OF ITS ISSUANCE, BEFORE ]ISSUING FINAL APPROVAL OF
THIS PERMIT THE WELD COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADDI-
TIONAL TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING BA-
SIS. FINAL. PERMIT APPROVAL IS CONTINGENT UPON THE FINAL INSPECTION OF THE COM-
PLETED SYSTEM BY THE WELD COUNTY HEALTH DEPARTMENT.
SYSTEM INSTALLER UNKNOWN FINAL INSPECTION DATE 01 /04/90
SYSTEM ENGINEER APPROVAL WES POTTER
TYPE OF SYSTEM INSTALLED TANK ENVIRONMENTAL SPECIALIST
TWE ISSUANCE OF THIS PERMIT DOES NOT IMPLY COMPLIANCE WITH OTHER STATE, COUNTY
F _OCAL REGULATORY OR BUILDING REQUIREMENTS, NOR SHALL IT ACT TO CERTIFY THAT
THE SUBJECT SYSTEM WILL OPERATE IN COMPLIANCE WITH APPLICABLE STATE, COUNTY AND
LOCAL REGULATIONS ADOPTED PERSUANT TO ARTICLE 10, TITLE.:: 25, CRS 1973, AS AMENDED,
EXCEPT FOR THE PURPOSE . OF OF ESTABLISHING FINAL APPROVAL OF AN INSTALLED SYSTEM FOR
ISSUANCE OF A LOCAL.. OCCUPANCY PERMIT PURSUANT TO CRS 1973 25-10-111 (2 ) .
i'1 .may
Lo cw, /1// PO
STATEMENT OF EXISTING SEPTIC SYSTEM ;
(PLEASE FILL OUT IN INK)
'
OWNER OF ,RECORD: cS4 74///,x/1 iaa Phone: 719 - YCrcP2 Q
MAILINQR. ADDRESS: /63( rtiae7 `9 RGt.e.Ii40 69
City State Zip
SITE ADDRESS: /20/2 WC,f / f4) cr4 8CZ5�3
City State Zip
•
LEGAL D}SCRIPTION:'!. PT .5.;-2--- PT SW Section. .3 ( Township Y Range (e
SUBDIVISION Ace-coC9i0 1o78S LOT BLOCK FILING
NUMBER. OF PEOPLE: / Bedrooms: 2 Bathrooms: /i `Water Supply 4���4_ 1
RESIDENTIAL OR COMMERCIAL: ith Lot Size: Acres
SYSTEM SIZE: Tank is Constructed of £yyKo t and has 7.51) gals capacity
(material)
FIELD: Bed or Trench 330 sq. ft. Date System Installed: 1919 e Q
You are required to draw a diagram of the system on the reverse side of this
form and indicate position, length, width, and distance from the dwelling.
The undersigned property owner hereby certifies that the above described septic
system is 'in fact installed,. as described, and exists at this time on the
parcel of ground identified by the above legal description and further states.
chat the system is in good working order and to the best. of his/her knowledge is not
failing to function properly_
I further understand that any falsification or misrepresentation may result in
revocation of any permit granted based upon this information hereby submitted
and in legal action for' perjury as prov law. -
�� , a .
Date
Subscribed and sworn to before me this - pay ofrilikead094
,tt� • , 1 26)
by ,�Lr3¢�t. _ /rRastlia .eA&". ;1t.�s , /&-4 . LT'lt r tea e-Q
Witness my hand and.official seal. My commission expires /02—(7 - 7
Date . otary Puhlic
STATEMENT OF EXISTING REVIEWED B( (N joh/9D
Environment Protection Specialist Date-.
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