HomeMy WebLinkAbout20040707 Weld County Planning Department
GREELEY OFFICE
JAN 2 0 2004
RECEIVED
Leaf Engineering, Inc.
820 13th Street
Greeley, CO 80634
Forrest Leaf,P.E. (970)-351-0210 Phone
(970)-392-0300 Fax
forrest_leaf@gwest.net
January 14, 2004
Bill Fronczak, P.E.
Department of Natural Resources
Office of the State Engineer
Room 818
313 Sherman Street
Denver, CO 80203
Re: Red Baron Estates, PK-1035: Job No. 10048
Dear Bill:
Your letter to Sheri Lockman of Weld County Planning questioned the future use of existing
Laramie Fox-Hills (LFH) well 34275-F in the proposed Red Baron Estates Subdivision. As you
state, the applicant has obtained a decree, 2003-CW-061, which allows for the appropriation and
development of 8 additional wells along with LFH well 34275-F. Specifically, paragraph 5. of
the decree states "The ground water will be withdrawn through Well Permit No. 34275-F and 8
new wells....". Furthermore, paragraph 6. of the decree states that well 34275-F and the 8 new
wells will be used to supply a 300 year water supply which averages 5.15 acre-feet annually.
The applicant intends to use well 34275-F and the 7 new wells to provide a 300 year water
supply to 8 developed lots within the proposed Red Baron Estates Subdivision. The number of
developed lots has been decreased from 9 lots to 8 lots and well 34275-F is presently located on
of the proposed lots to be developed.
Your letter states that the applicant cannot re-permit well 34275-F pursuant to the Statewide
Nontributary Ground Water Rule 4. A. 1. Furthermore, you imply that the applicant will have to
go to considerable expense to drill and re-permit a new well because the use of the existing well
can only be used to withdrawal the remaining unappropriated ground water based on a 100 year
life. You can agree that this is not an economic alternative for the applicant and is unnecessary
as the use of the existing physical well will have the same impact on the aquifer as the new LFH
wells. Since well 34275-F is decreed pursuant to 2003-CW-061 as a 300 year well, it can be
permitted as such and thus is consistent with Rule 4. A. 1. The applicant will agree to use the
existing well 34275-F in the proposed subdivision along with the new 300 year wells.
Water Rights • Hydrology • Hydraulics • Water Quality
F:\Red Baron Estates\Fronezak Water Supply letter 01 1404.doc
1
2004-0707
The applicant intends to re-permit well 34275-F to be consistent with paragraph 6. of the decree,
which implies a 300 year supply.
Sincerely,
L� ngineeri g, c.
Forrest Leaf, P. .
cc: Marilyn Taylor, Red Baron Estates
Kim Lawrence
Sheri Lockman, Weld County Planning
Water Rights • Hydrology • Hydraulics • Water Quality
F:\Red Baron Estates\Fronczak Water Supply letter 011404 doc
2
EA- A
Forrest Leaf, P.E.
2607 W. 10th Street
Greeley, CO 80634
(970) 351-0210 Tel
y, (970) 392-0300 Fax
forrest_leaf@yahoo.com
LEAF ENGINEERING
April 4, 2003
Marilyn Taylor
7507 WCR 39
Fort Lupton, CO 80621
Re: Red Baron Estates Water Supply Plan: Job#10048
Dear Marilyn:
This letter presents the water supply plan for the proposed 9 residential lots in the Red Baron
Estates Development as shown in the enclosed Figure 1.
The proposed Red Baron Estates will have 9 single family residential lots, each being provided
water by 9 individual Denver Basin Laramie Fox-Hills(LFH), non-tributary wells. The water
supply for these 9 LFH wells will be from the Denver Basin Laramie Fox-Hills formation, at a
depth of approximately 770 feet. Well#34275-F already exists and is permitted(enclosed) for
27 acre-feet of annual withdrawal (for 100 years) from the 123.5 acres owned by Red Baron
Estates as shown in Figure 1
Table I, enclosed, presents the estimated in-house water demand for the 9 lots and the irrigation
consumptive use and subsequent pumping demand for the 9 lots, for a total irrigation of 45,000
square feet Each developed lot will be restricted to a maximum of 5,000 square feet of lawn
irrigation. The proposed development will require the drilling of 8 additional wells and the
continued use of the existing Well # 34275-F. Since the Red Baron Estates Development is a
new development, Weld County requires that a 300 year water supply exist for the development.
Under the conditions of the existing permit for Well #34275-F, an annual total pumped volume
from Well# 34275-F of 27 acre-feet is allowed. However, in order to be consistent with Weld
County's 300 year water supply requirement, the total pumping from all of the 9 wells, pursuant
to the proposed development, must not exceed 9 acre-feet (27 a173). As can be seen from Table
I, the total estimated water demand for the 9 developed residential lots is 5.14 acre-feet. The
Water Rights • Hydrology • Hydraulics • Water Quality
E:\Leafed Baron Estates\Red Baron Water Supply Letterl.doc
1
water demand contained in Table 1 is based on an in-house demand of 70 gallons per day per
capita and 2.88 persons per single family dwelling. The irrigation demand is based on the total
irrigation of 5000 square feet per lot and a dry year irrigation requirement of 2.70 acre-feet per
acre.
Table 1 demonstrates that 1.83 acre-feet of the 5.14 acre-feet pumped will return to the alluvial
aquifer. In addition, a small portion of the irrigation water will return to the alluvial aquifer,
thereby satisfying the 2 percent replacement requirement condition contained in the existing
permit. This same 2 percent replacement requirement will be a condition in the new Water Court
decree for the additional 8 LFH wells.
In order to obtain permits for the additional 8 individual lot wells, an application in Division I
Water Court was filed in January of 2003, enclosed. The subsequent Water Court decree will
allow for the construction of the 8 additional LFH wells and the use of the existing Well #
34275-F for domestic uses within the proposed development.
Sincerely,
L N G
Forrest Leaf
Enclosures
cc: Kim Lawrence
Water Rights • Hydrology • Hydraulics • Water Quality
E:\LeafRed Baron Estates\Red Baron Water Supply Letterl.doc
2
•
--- ". / / :\' !1 4915 7....-"� o h.
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-• o 'Hole O k, �\ �- ��
Existing Well #34275-F
v, i ) 123.5 acre parcel t,,
�, .,99Q�" /' �\ At pursuant to Well # 54275 F \\ `''
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�'�—� 1 �� �\ �;� �� r asp Hole A �-^-�,
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:.\ ,▪'1 c:' ,_ N.-..,--, i, ____,--v------ :----; j `.1;%,4 111 \ i i,
N Figure 1 LEAF ENGINEERING
1000 0 1000 Feet wE
Red Baron Estates April 2003
s Parcel and Well Map
Table 1
Red Baron Estates Subdivision Summary
(all values in acre-feet)
Per Lot Per Lot Per Lot Total Total Per Lot Total Total
In-house In-house In-house In-house In-House Irrigation Irrigation Subdivision
Demand CU Returns Demand Returns Cu Pumping Demand
[1] [2] [3] [4] [5] [6] [7] [8]
Jan 0.02 0.002 0.02 0.17 0.16 0.00 0.00 0.17
Feb 0.02 0.002 0.02 0.16 0.14 0.00 0.00 0.16
Mar 0.02 0.002 0.02 0.17 0.16 0.00 0.00 0.17
Apr 0.02 0.002 0.02 0.17 0.15 0.03 0.27 0.43
May 0.02 0.002 0.02 0.17 0.16 0.03 0.33 0.51
Jun 0.02 0.002 0.02 0.17 0.15 0.05 0.57 0.73
Jul 0.02 0.002 0.02 0.17 0.16 0.07 0.69 0.86
Aug 0.02 0.002 0.02 0.17 0.16 0.05 0.56 0.73
Sep 0.02 0.002 0.02 0.17 0.15 0.04 0.41 0.58
Oct 0.02 0.002 0.02 0.17 0.16 0.02 0.18 036
Nov 0.02 0.002 0.02 0.17 0.15 0.01 0.10 0.26
Dec 0.02 0.002 0.02 0.17 0.16 0.00 0.00 0.17
Total 0.23 0.023 0.20 2.03 1.83 0.30 3.11 5.14
[I] Demand = 70 gallons per day per capita(2.88 persons per house)
[2] Reflects 10%consumptive use- column [l] x 0.10
[3] Alluvial returns - column [1] - column [2]
[4] Total 9 lot in-house demand - column [1] x 9
[5] Total In-house returns - column [3] x 9
[6] Lot irrigation demand based on 5000 square feet and 2.70 af/ac average year demand
[7] Dry year(2.70 af/ac) irrigation pumping demand for 9 lots- column [6] x 9/0.85 (85% app. eff.)
[8] Total Subdivision water demand - column [4] + column [7]
Non-Trib Water Supply v. Demand LEAF ENGINEERING, 4/4/2003
' FINDINGS OF THE STATE ENGINEER
IN THE MATTER OF AN APPLICATION FOR A PERMIT To CONSTRUCT A WELL IN WATER
DIVISION NO. 1, WELD COUNTY, COLORADO
APPLICANT : CHARLES HOBDAY
AQUIFER : LARAMIE-FOX HILLS
PERMIT NO.: 3' '2.11
In compliance with C.R.S. 37-90-137(1) and the Statewide Nontributary
Ground Water Rules, Charles Hobday, c/o Don Drawer, Agent, 6900 Rd. 39, Ft.
Lupton, Colorado 80621, (hereinafter "applicant") submitted an application for
a permit to construct a well. Based on information provided by the applicant
and records of the Division of Water Resources, the State Engineer finds as
fellows:
1. The application was received complete by the State Engineer on October 6,
1988.
2. The applicant proposes to construct the well in the NE1/4 of the SE1/4 of
Section 30, Township 2 North, Range 65 West, 6th Principal Meridian.
3. The proposed well is located outside the boundaries of a designated
ground water basin.
4. The applicant proposes to apply the water withdrawn from the well to the
following beneficial uses: domestic, livestock, commercial , industrial,
irrigation, municipal . ll is 00 lons er minute,
5. and proposed axium
pumping
averag annual eamount of eofe ground lwater l p
The to he withdrawn
is 36 acre-feet.
6. The applicant is the owner of the land on which the well will be con-
structed.
7. The proposed well would withdraw ground water from the Laramie-Fox Hills
Aquifer (hereinafter "aquifer"), which, according to the Denver Basin
Rules, is located 600 feet to 890 feet below land surface at the location
of the proposed well .
8. The location of the proposed well is more than 600 feet from any existing
well completed in the aquifer.
g. According to a sworn statement, the applicant
of land as further described
liaows, r consent
to
oea
withdraw ground water underlying 120
in said statement, which is attathed hereto as Exhibit A.
10. Withdrawal of ground water from the aquifer underlying the land claimed
by the aplicant hin ed A naturalp streamatlanl n annual ot, trate ogreater ne rthan eone-tenars, deplete
h of one percent
II
el
e. Applicant: Charles Hobday Page 2
. Aquifer: Laramie-Fox Hills
Permit No.: . 430.115--F
of the annual rate of withdrawal and therefore the ground water is non-
tributary ground water as defined in C.R.S. 37-90-103(10.5).
11. In considering whether the requested permit shall be approved the provi-
sions of C.R.S. 37-90-137(4) and the Denver Basin Rules shall apply.
Withdrawals shall be allowed on the basis of an aquifer's life of 100
years, C.R.S. 37-90-137(4)(b)(1)_
12. The quantity of water in the aquifer, exclusive of artificial recharge,
underlying the 120 acres of land described in Exhibit A is 2700 acre-feet.
This determination was based on the following as specified in the Denver
Basin Rules:
a. The average specific yield of the saturated aquifer materials under-
lying the land under consideration is 15 percent.
b. The average thickness of the saturated aquifer materials underlying
the land under consideration is 150 feet_
13. A review of the records in the State Engineer's office has not disclosed
that there are any existing wells or other water rights claiming or with-
, drawing ground water from the aquifer underlying the land claimed by the
applicant.
Based on the above, the State Engineer finds that there is water available
for withdrawal by the proposed well and no material injury to vested water
rights would result from the issuance of the requested permit subject to the
following conditions:
a. The allowed average annual amount of water to be withdrawn from the
eba acre-feet
considered available divided by100 year
quantity water
arauiferlife)
which is
li
b. The well shall be constructed no more than 200 feet from the location
specified on the permit application.
c. The applicant shall submit geophysical and lithologic logs after the
construction of the well. The geophysical logs shall be obtained from
the hole before the casings are installed.
d. The maximum pumping rate of the well shall not exceed 100 gallons per
minute.
e. A totalizing flow meter must be installed on the well and maintained
in good working order. Permanent reeords of all diversions must be
maintained by the well owner (recorded at least annually) and submitted
to the Division Engineer upon request.
f. Production is limited to the Laramie-Fox Hills aquifer.e The well
so
must be constructed with plain, non-perforated casing properly
D y grouted
as to prevent intermingling of water between aquifers.
Applicant: Charles Hobday Page 3
, Aquifer: Laramie-Fox Hills
Permit No._ 31+9,17.3—P
g. Pursuant to C.R.S. 37.90-131(9)(b) and the Denver Basin Rules, no
more than 98% of the nontributary ground water withdrawn annually shall
be consumed and the applicant shall demonstrate to the reasonable
satisfaction of the State Engineer that no more than 98% of the water
withdrawn will be consumed,
h. The owner shall mark the well in a conspicuous place with appropriate
well permit numbers, name of the aquifer, and court case numbers. He
shall take necessary means and precautions to preserve these markings.
I i
Dated this 'at"( day of Ca P1�... , 19 %R .
G(, At a
s . Danielson
State ngineer
Steve Lautenschleger
Water Resources Engineer
Ground Water Section
prepared by: AEE
82811/Form #0546(o)
II
DISTRICT COURT, WATER DIVISION NO. 1,
COLORADO
9th Street & 9th Avenue
P.O. Box 2038
Greeley, CO 80632
CONCERNING THE APPLICATION FOR WATER
RIGHTS OF:
RED BARON DEVELOPMENT, LLC.
IN WELD COUNTY. ,COURT USE ONLYA
Kim R. Lawrence, #8366
Lind, Lawrence & Ottenhoff LLP Case N°03-CW-
1011 11th Avenue
Greeley, CO 80631
Phone: (970) 356-9160
Fax: (970) 356-1111
E-mail: kim@Iloiaw.com
[ APPLICATION FOR UNDERGROUND WATER RIGHTS FROM THE
LARAMIE FOX-HILLS AQUIFER
1. Name and Address of Applicant: Red Baron Development, LLC,2634 S. Lima
Street, Aurora, Colorado, 80014, (303) 536-0380.
2. Well Permit: 34275-F and 8 additional well permits to be obtained from the
State Engineer.
3. Legal Description of Land Upon Which Wells Will Be Located:
PARCEL 1:
The East 172 of the East 1/2 of the NE 1/4 of Section 6, Township 1 North Range 65
West of the 6th P.M., Weld County, Colorado.
F'KIM\Red 6ar+.w De'e:oPmer'"PP,caLor w d
PARCEL 2:
Portions of the SE 1/4 of Section 30, and the East 1/2 of the East 1/2 of Section 31,
Township 2 North, Range 65 West of the 6th P.M.,Weld County,Colorado,described
as follows: Beginning at the NE corner of the SE 1/4 of said Section 30; Thence
South 00°00'00"West on an assumed bearing along the East line of the said SE 1/4,
1197.50 feet to the True Point of Beginning;Thence South 90°00'00"West, 1008.26
feet; Thence South 26°38°00" West, 623.54 feet; Thence South 15°11'50" East,
925.34 feet to a point on the North line of said East 1/2 of the East 1/2 of said Section
31; Thence North 89°45'10" East along said North line, 360.22 feet; Thence South
26°23'40" East, 1077.99 feet to a point 200.00 feet West of the East line of said East
1/2 of the East 1/2 of said Section 31;Thence 00°20'30"West parallel with the said East
line, 3722.86 feet to a point 650.00 feet North of the South line of said East%of the
East'/2 of Section 31;Thence South 89°57°35"West parallel with the said South line,
1125.65 feet to a point on the West line of said East 1/2 of the East 1/2 of said Section
31;Thence South 00°23'20"West along said West line,650.00 feetto the SW Corner
of the said East 1/2 of the East 1/2 of said Section 31;Thence North 89°57'35" East
along the South line of said East 1/2 of the East 1/2 of said Section 31, 1326.18 feet to
the SE Corner of the said East 1/2 of the East "/2 of said Section 31;Thence North
00°20°30" East along the East line of the said East'/2 of the East'/2 of said Section 31,
5341.31 feetto the SE Corner of said Section 30;Thence North 00°00'00" East along
the East line of said Section 30, 1445.85 feet to the True Point of beginning.
The above described parcels contain 123.50 acres.
4. Source: Laramie Fox-Hills, non-tributary aquifer underlying the property.
5. Depth: 34275-F is 730 feet deep.The 8 new wells will be based upon existing
data in the Denver Basin Rules, 2 C.C.R. 402-6.
6. Amount Claimed:Applicant claims all of the ground water in the Laramie Fox-
Hills underlying the property. Findings of Fact made by the State Engineer,
October 24, 1988, determined the allowable annual average amount
withdrawn to be 27 acre feet at 100 g.p.m.The 9 wells will be limited to these
amounts.
7. Proposed Use: Applicant's plan is to use the water for the development of 9
lots in the Red Baron Estates PUD. Water will be supplied to the lots by 9
Laramie Fox-Hills wells.The use on each lot will be comprised of in house use
plus 5000 square feet of irrigation per lot. The total subdivision demand is
5.14 acre feet of consumptive use. The wells are intended to satisfy a 300
year water supply as required by Weld County.The ground water may used,
reused, successively used, leased, sold, or otherwise disposed of for the
following beneficial purposes: municipal, domestic, industrial, commercial,
F:\KIM\Red Baron Development\Application.wpd 2
irrigation, stock watering, recreational,fish and wildlife,fire protection, and
all other beneficial uses both on and off the property. Said water may be
produced for immediate application to said uses,for storage and subsequent
application to said uses, for exchange purposes, for replacement of
depletions resulting from the use of water from other sources, and for
augmentation purposes.
8. Replacement: Applicant will replace the by means of septic system returns
2% of the annual pumping of the Laramie Fox-Hills appropriation.
9. Applicant claims the right to withdraw more than the average annual amount
estimated above or decreed in this case pursuantto Rule 8A of the Statewide
Rules, 2 C.C.R. 402-7.
10. Applicants requests a Decree that:
A. The ground water from the Laramie Fox-Hills is nontributary ground
water.
B. Applicant has the vested right to use all of the ground water in the
Laramie Fox-Hills aquifer underlying the property for the uses
described herein.
DATED this day of January, 2003.
LIND, LAWRENCE & OTTENHOFF LLP
Kim R. Lawrence, #8366
Attorney for Applicant
The Law Building
1011 Eleventh Avenue
Greeley, Colorado 80631
Telephone: (970) 356-9160
F:\KIM\Red Baron Development\Application.wpd 3
STATE OF COLORADO )
) ss.
COUNTY OF WELD
I, Morris L. Quick,being first duly sworn upon oath,depose and say: that I am
the President of the Applicant, that I have read the foregoing Application and that
the matters therein stated are true and correct to the best of my knowledge,
information and belief.
Morris L. Quick
Subscribed and sworn to before me this day of January,2003,by Morris
L. Quick.
WITNESS my hand and official seal.
Notary Public
My Commission Expires:
E-FILED PURSUANT TO RULE 121. DULY SIGNED COPIES ON
FILE AT THE OFFICES OF
LIND, LAWRENCE & OTTENHOFF, LLP
F:\XIn\Red Baron Development\Application.wpd 4
u u ExAi f-6
DISTRICT COURT, WELD COUNTY, COLORADO
9th Street and 9th Avenue
P. O. Box 2038
Greeley, CO 80632
CONCERNING THE APPLICATION FOR WATER
RIGHTS OF
RED BARON DEVELOPMENT, LLC.
ACOURT USE ONLY
IN WELD COUNTY.
Kim R. Lawrence, Esq.
Lind, Lawrence &Ottenhoff LLP Case No. 03-CW-061
1011 Eleventh Avenue
Greeley, CCI 80631
(970) 356-9160
Fax: (970) 356-1111
Attorney Registration No. 8366
E-mail: kimiaw@Ilolaw.com
FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF THE
REFEREE AND DECREE OF THE WATER COURT
This Application having been filed with the Water Clerk, Water Division N°
1, on January 30, 2003 and all matters contained in the Application having been
reviewed, and testimony and evidence having been taken as necessary, the
Referee hereby enters the following Findings of Fact, Conclusions of Law and
Ruling:
FINDINGS OF FACT
1. Name, Address of Applicant: Red Baron Development, LLC, 2634 Lima
Street, Aurora, Colorado, 80014.
2. No Statements of Opposition were filed and the time for filing Statements
of Opposition has expired.
3. All notices of this matter required by law have been filed 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.
F:1KU.\Red Baron Dnv&opmentlDecree 10 9 03.wpd
U U
03-CW-061
Red Baron Development, LLC
Page 2
APPLICATION FOR GROUND WATER RIGHT
4. Aquifers and location of ground water: Applicant seeks a decree for
rights to all ground water recoverable from the Laramie Fox-Hills non-
tributary aquifer underlying the "property" described as follows:
PARCEL 1:
The East 1/2 of the East ' of the NE 1/4 of Section 6, Township 1 North,
Range 65 West of the 6th P.M., Weld County, Colorado.
PARCEL 2:
Portions of the SE 1/4 of Section 30, and the East 1/2 of the East '/2 of
Section 31,Township 2 North, Range 65 West of the 6th P.M., Weld County,
Colorado, described as follows: Beginning at the NE corner of the SE 1/4
of said Section 30; Thence South 00°00'00" West on an assumed bearing
along the East line of the said SE 1/4, 1197.50 feet to the True Point of
Beginning; Thence South 90°00'00" West, 1008.26 feet; Thence South
26°38'00" West, 623.54 feet; Thence South 1591'50" East, 925.34 feet to a
point on the North line of said East 'A of the East '/z of said Section 31;
Thence North 89°45'10" East along said North line, 360.22 feet Thence
South 26°23'40" East, 1077.99 feet to a point 200.00 feet West of the East
line of said East 1/2 of the East 1/2 of said Section 31;Thence 00°20'30" West
parallel with the said East line, 3722.86 feet to a point 650.00 feet North of
the South line of said East 1/2 of the East 1/2 of Section 31;Thence South
89°57'35" West parallel with the said South line, 1125.65 feet to a point on
the West line of said East 1/2 of the East 1/2 of said Section 31;Thence South
00°23'20" West along said West line, 650.00 feet to the SW Corner of the
said East 1/2 of the East 1/2 of said Section 31;Thence North 89°57'35" East
along the South line of said East 'A of the East 1/2 of said Section 31,
1326.18 feet to the SE Corner of the said East '/2 of the East '/2 of said
Section 31;Thence North 00°20'30" East along the East line of the said
East 1/2 of the East Y of said Section 31, 5341.31 feet to the SE Corner of
said Section 30; Thence North 00°00'00" East along the East line of said
Section 30, 1445.85 feet to the True Point of beginning.
The above described parcels contain 123.50 acres. Applicant is the owner
of the property and such land is not located with the boundaries of a
designated ground water district.
F:U(IMRRed Baron Development\Decree 10 9 03.wpd
L) U
03-CW-061
Red Baron Development, LLC
Page 3
5. Well locations, pumping rates and annual amounts: The ground water may
be withdrawn at a rate of 100 g.p.m. The average annual amount available
for withdrawal is 27.8 acre feet. The ground water will be withdrawn
through Well Permit N° 34275-F and 8 new wells, to be located at any
location on the property. Applicant hereby waives any 600 foot spacing
rule for wells located on the property, but must satisfy §37-90-137(4),
C.R.S. for wells owned by others on adjacent properties. subject to the
Court's retained jurisdiction in this matter. The amounts conform with the
values and amounts referenced in the Findings of Fact made by the State
Engineer, October 24, 1988.
6. Proposed use: Applicant's plan is to use the water for the development of
9 lots in the Red Baron Estates PUD. Water will be supplied to the lots by 9
Laramie Fox-Hills wells, Well Permit NQ 34275-F and 8 new wells. The use
on each lot will be comprised of in house use plus 5000 square feet of
irrigation per lot. The total subdivision demand is 5.14 acre feet of
consumptive use. The wells are intended to satisfy a 300 year water
supply as required by Weld County. The ground water may used, reused,
successively used, leased, sold, or otherwise disposed of for the following
beneficial purposes: domestic, industrial, commercial, irrigation, stock
watering, recreational, fish and wildlife, fire protection, and all other
beneficial uses both on and off the property. Said water may be produced
for immediate application to said uses, for storage and subsequent
application to said uses, for exchange purposes, for replacement of
depletions resulting from the use of water from other sources, and for
augmentation purposes.
7. Final average annual amounts of withdrawal:
A. Final determination of the applicable average saturated sand
thicknesses and resulting average annual amount available to
Applicant will be made pursuant to the retained jurisdiction of this
Court, as described in ¶20. The Court shall use the acre-foot
amounts in¶5 herein in the interim period, until a final determination
of water right is made.
B. The allowed annual amount of ground water which may be
withdrawn through the wells specified above and any additional
wells, pursuant to §37-90-137(10), C.R.S., may exceed the average
annual amount of withdrawal, as long as the total volume of water
withdrawn through such wells and any additional wells therefor
F:KlM\Red Baron Development\Decree 109 03.wpd
U `.J
03-CW-061
Red Baron Development, LLC
Page 4
subsequent to the date of this decree does not exceed the product
of the number of years since the date of the issuance of any well
permits or the date of this decree, whichever is earliest in time,
multiplied by the average annual amount of withdrawal, as specified
above or as determined pursuant to the retained jurisdiction of the
Court. In any event, the amounts set forth in well permits shall not
be exceeded.
8. Source of ground water and limitations on consumption:
A. The ground water to be withdrawn from the Laramie-Fox Hills
aquifers is "nontributary ground water as defined in §37-90-
103(10.5), C.R.S., and in the Denver Basin Rules, the withdrawal of
which will not, within 100 years, deplete the flow of a natural
stream, including a natural stream as defined in §37-82-101(2) and
§37-92-102(1)(b), C.R.S., at an annual rate greater than 1/10 of 1%
of the annual rate of withdrawal.
B. Applicant may not consume more than 98% of the annual quantity of
water withdrawn from the nontributary aquifers. The relinquishment
of 2% of the annual amount of water withdrawn, as required by the
Denver Basin Rules effective January 1, 1986, may be satisfied by
any method selected by the Applicant and satisfactory to the State
Engineer, so long as Applicant can demonstrate that an amount
equal to 2% of such withdrawals (by volume) has been relinquished
to the stream system.
C. There is unappropriated groundwater available for withdrawal from
the subject aquifer beneath the property, and the vested water
rights of others will not be materially injured by such withdrawals as
described herein. Withdrawals hereunder are allowed on the basis
of an aquifer life of 100 years, assuming no substantial artificial
recharge within 100 years. No material injury to vested water rights
of others will result from the issuance of permits for wells which will
withdraw nontributary ground water or the exercise of the rights
and limitations specified in this decree.
9. Additional wells and well fields:
A. Applicant may construct additional and replacement wells in order
to maintain levels of production, to meet water supply demands or
to recover the entire amount of groundwater in the subject aquifer
F:U(M1Red Baron Developmert\Decree 10 9 03.wpd
03-CW-061
Red Baron Development, LLC
Page 5
underlying the property. As additional wells are planned,
applications shall be filed in accordance with §37-90-137(10),
C.R.S.
B. Two or more wells constructed into a given aquifer shall be
considered a well field. In effecting production of water from such
well field, Applicant may produce the entire amount which may be
produced from any given aquifer through any combination of wells
within the well field.
C. In considering applications for permits for wells or additional wells
to withdraw the groundwater which is the subject of this decree, the
State Engineer shall be bound by this decree and shall issue said
permits in accordance with provisions of§37-90-137(10), C.R.S.
O. In the event that the allowed average annual amounts decreed
herein are adjusted pursuant to the retained jurisdiction of the
Court, Applicant shall obtain permits to reflect such adjusted
average annual amounts. Subsequent permits for any wells herein
shall likewise reflect any such adjustment of the average annual
amounts decreed herein.
10. Administration of Water Right:
A. Applicant shall report to the Division Engineer for Water Division N°
1 upon request, a summary of the annual metered withdrawals of
the subject welts on an accounting form acceptable to the Division
Engineer.
B. All withdrawals which are the subject of this decree will be metered.
C. Pursuant to §37-92-305(8), C.R.S., the State Engineer shall curtail
all out-of-priority diversions, the depletions from which are not so
replaced as to prevent injury to vested water rights.
CONCLUSIONS OF LAW
11. The Water Court has jurisdiction over this proceeding pursuant to §37-90-
137(6), C.R.S. This Court concludes as a matter of law that the application
herein is one contemplated by law. §37-90-137(4), C.R.S. The application
for a decree confirming Applicant's right to withdraw and use all
unappropriated ground water from the Laramie Fox-Hills nontributary
F:WM\Red Baron Devebpment\Decree 10 9 03.wpd
U U
03-CW-061
Red Baron Development, LLC
Page 6
aquifer beneath the property as described herein pursuant to §37-90-
137(4), C.R.S., should be granted, subject to the provisions of this decree.
15. No Statements of Opposition have been filed and the time for filing
Statements of Opposition has expired.
16. Full and adequate notice of the application was given, and the Court has
jurisdiction over the subject matter and over the parties whether they
have appeared or not_
17. The rights to ground water determined herein shall not be administered in
accordance with priority of appropriation. Such rights are not"conditional
water rights" as defined by §37-92-103(6), C.R.S., and findings of
reasonable diligence are not applicable to the ground water rights
determined herein. The determination of ground water rights herein need
not include a date of initiation of the withdrawal project. See §37-92-
305(11), C.R.S.
RULING AND DECREE
18. ¶1 through ¶17, inclusive, are incorporated herein by reference and made
a part of this Ruling and Decree as if fully set forth.
19. The Applicant may withdraw the subject ground water herein through
wells to be located anywhere on the property, pursuant to¶5 above, in the
average annual amounts and at the estimated average rates of flow
specified herein, subject to the limitations herein and the retained
jurisdiction by this Court.
20. Retained jurisdiction:
A. The Court retains jurisdiction as necessary to adjust the average
annual amounts of ground water available under the property to
conform to actual local aquifer characteristics as determined from
adequate information obtained from wells, pursuant to §37-92-
305(11), C.R.S. Within 60 days after completion of any well decreed
herein or any test hole(s), Applicant or any successor in interest to
these water rights shall serve copies of such log(s) upon the State
Engineer.
B. At such time as adequate data is available, any person, including
the State Engineer, may invoke the Court's retained jurisdiction to
F:%XIM1Red Baron 0eveWpment1Decree 10 9 03.wpd
a
03-CW-061
Red Baron Development, LLC
Page 7
make a Final Determination of Water Right. Within four months of
notice that the retained jurisdiction.for such purpose has been
invoked, the State Engineer shall use the information available to
him to make a final determination of water rights findings. The State
Engineer shall submit such finding to the Water Court and the
Applicant.
C. If no protest to such r finding is made within 60 days, the Final
Determination of Water Rights shall be incorporated into the decree
by the Water Court. In the event of a protest, or in the event the
State Engineer makes no determination within four months, such
final determination shall be made by the Water Court after notice
and hearing.
DATED this . 29 day of Oc#ober 003.
R y d S. iesman
Wate Referee
Water Division No. 1
THE COURT FINDS: NO PROTEST WAS FILED IN THIS MATTER. THE
FOREGOING RULING IS CONFIRMED AND APPROVED, AND IS HEREBY MADE
THE JUDGMENT AND DECREE OF THIS COURT.
BY THE COUR��T�� VI , l PU3
AILL
Ro r Klein
Water Judge
Water Division No. 1
r. F:WM'Red Baron DevebpmenpDecree 10 9 03.wpd
`J Ca) O1 Cw06 /
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Figure 1 LEAF ENGINEERING
1000 0 1000 Feet
" I. Red Baron Estates
April 2003
Parcel and Well Map
OCT. 6.2003 4:01PM UU;TEU POWER EXT FFFF NO.706 P.?r?
illINITE
UNPO Box POWER, INC.
POINIERP.O.Box 929, ilrfphton,CO 80801 • Telephone:303-869-3551 + '�-800-R88-880E3
Fax:303-658-2172 • http:;,hvhw.unitecipower.com
October 6,2003
Marilyn Taylor
Fax: 303-536-0380
Dear Ms. Taylor.
Ref: Will Serve Letter
United Power is ready, willing, and able to provide electric service to the proposed Red Baron
Estates, an eight lot subdivision,
Service will be provided according to the :piles, regulations, and policies in effect by United
Power at the time service is requested.
We look forward to this opportunity to provide electric service. If you have any questions;
please give me a call at 303-637-1279,
Sincerely,
UNITED POWER,INC.
Rich Gonzales �
1-76 District Representative
RG:cb
You:Touchstone Energy° Partner
Ai GI* - o
Will Serve
Qwest Communications Wednesday,February 12, 2003 3:20:25 PM
12121 Grant Street Room 201
Thornton, Colorado 80241
CATHY MOURHESS
Tracking # 2261
SUBJECT:
Telephone facilities to planned/proposed development.
Attn:
RED BARON ESTATES
,.r.�MARILYN TAYI (_►R
;7507 WCR 39,FORT LUPTON CO S0621
303-536-0380
Qwest will provide service to your planned/proposed developement:
'RED BARON ESTATES
meat) _ _ "...
30 ..... 2N 66W 6TH WELD
(Si�etigri:`TtUP ngc. Ra lv2endlian I .
(County)
Provisioning the service will be in accordance with tariffs on file at the Colorado Public
Utilities Commission. I will need a final plat with measurements, easements, addresses, your
phasing plan, and a trench plan before I can have this engineered.If there are any further
questions, or if I can provide any assistance,please contact me.
CATHY MOURHESS 303-451-3181
(LDA Coordinator) 1Phon
fl
Sincerely
M , ' Ciin
"} ):7 } RIDE
CO i
October 8, 2003
Marilyn Taylor
7507 WCR 39
Ft. Lupton, CO 80621
Dear Marilyn,
American Pride Co-op will be the propane supplier to Red Baron Estates.
if you have any questions, ease call Michele at 303-659-1230.
Sincerely,
Michele Sanders
American Pride Co-op
55 W. Bromley Lane
Brighton, CO 80601
303-659-1230
720-685-1998 FAX
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