HomeMy WebLinkAbout20110978.tiff SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE. DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
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Parcel Number j - Q 11 v
(12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.ust
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Legal DescriptionLuclvrt MewOD w: ONrstO,n , Section I D , Township Z North, RangecWest
Flood Plain: i Q's Zone District: A (25 , Total Acreage: 2. 3 , Overlay District: F P
Geological Hazard: ► i , , Airport Overlay District: I-1 /4.-1
FEE OWNERff(_S)_OF THE PROPERTYnY:A� c 1 /
Name: R(l[XYt 4' 1 "RY� � . JtN' ` roc
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Work Phone#'2)(1?)-41* -4 ome Pho e#703-1,61-OI*Z Email bclo.34t It)t i►3blc e,flex l
Address: 8378 (Wad-7 p c9rt
Address:
City/State/Zip Code Thrf �v� nr CO q-062
Name:
Work Phone# Home Phone# Email
Address:
Address:
City/State/Zip Code
Name:
Work Phone# Home Phone# Email
Address:
Address:
City/State/Zip Code
-APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent)
Name:
Work Phone# Home Phone# Email
Address:
Address:
City/State/Zip Code
PROPOSED USE: 1 IIlney1 k 1 aSTt h'1
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee
owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee
owners must be included with the application. If a corporation is the fee owner, notarized evidence must be
d indicating that the signatory has to legal authority to sign for the corpora n.
izit\ to —yn Z. 127z/I0
Sign re: Owner or Authorized Agent Date Signature: Tyner or A e
EXHIBIT -6-
2011-0978
FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION
BUSINESS EMERGENCY INFORMATION:
Business
Name: Kt uc i Gaya(' v\ w I V\ v � I Phone: 30 3 %S7 0'7 `� Z
Address: 9318 'NC (` (9F-.) City, ST, Zip: FoY 1 r> . C
ess C ISO(ca
OwneBusinr: �u ri v1 `,Y,\A Phone: ?51' O 74 ZC
Home Address: (137B WC C C:\ City, ST, Zip: 1b r L�-�ar�/v n1 CO 0 Ot'2
List three persons in the order to be called in the event of an emergency:
NAME TITLE ADDRESS PHONE
OV)(7 f 41/4
C4
(, wn l ev ` S 3 Y
i376 Wcie Z .30 ,a,57-07Z
lC1 v' Vkz1 , I 0 cv YI \ Y 1 1
/n� n/� tics S . Eirikv �} �tD
14rvin c & \A I IbQ fl u t y C o %C 2M-1 303' `(7S "5 act
Business
/
Hours: � ( am - Si rvl Days: r r�v.,,l )v'�'u ref' ;�>n�,���
Type of Alarm(ColiD Burglar Holdup Fire Silent Audible
Name and address of Alarm Co Ampany: �; I
/
Location of Safe: it /A
MISCELLANEOUS INFORMATION:
Number of entry/exit doors in this building: 3 Location(s): Se �l L� 0 en tv-
2 - NO CCVn( ✓ 3 iCIa.tir /tic ( - NE Corn( 4-
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Is alcohol stored in building?1CS Location(s): /OW( v (‘‘, U C ( — EL /191V
Are drugs stored in building? NO Location(s):
Are weapons stored in building? 4)O Location(s):
The following programs are offered as a public service of the Weld County Sheriff's Office. Please indicate the
programs of interest. Physical Security Check Crime Prevention Presentation
UTILITY SHUT OFF LOCATIONS:
Main Electrical:E ivE / Corner- oil /6.4 i , e) / 4O'w-
Exterior Gas Shut Off: �tCt � �h[— ut' F�� Ic "1 ' vet tVt it /ti
Water Shutoff: N14
4
Interior Water Shutoff: a ( ICLV J . era(
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SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) QUESTIONAIRE
ANSWERS
1. The property will be used for a Winery and Tasting Room, and will also be used for small
events such as wedding receptions, holiday parties and meetings. The Winery along
with the existing vineyards will have an Agri-tourism focus, giving tours of the vineyards
and the wine making process.
2. The proposed Winery is consistent with the intent of the Weld County Code, Chapter 22
of the Comprehensive Plan in that it is directly related to the existing agriculture on the
property, it will be built on unusable land and will not take any agricultural land out of
production, will help to diversify the County's economic base and promote a new type
of Agri-tourism not yet tapped by the County.
3. The proposed Winery is consistent with the intent of the Weld County Code, Chapter 23
and the zone district in which it is located, in that it is the most appropriate use of this
vacant land, ensures the continued agricultural use of the land, prevents senior water
rights from being severed from the land, conserves and increases the value of the
property, protects the tax base and fosters the County's economic base.
4. This site is surrounded by agriculture and aggregate mining. This property was formerly
mined for gravel by Weld County; the property to the south was also mined by the
County. The land on the west is currently being mined by Pioneer Sand Co. We expect
that the land on the north side of our site, currently ag land, will be mined within the
next few years as well. The land to the east of our site is agricultural and is separated
from our land by the South Platte River. What we have done is taken a piece of land
where the prime farm land was removed from production (mined out) and increased its
productivity by planting vineyards. The Winery is the natural extension of the Vineyard.
This is the best possible use of this site and other 'mined out' sites because, as the area
is mined there is depopulation but improvement of roads, planting grapes around the
perimeter of the Pits would allow for some of the land to be brought back into
production, such an area with lakes and vines would be an attractive draw for Agri-
tourism and Agri-tainment, and the Winery would make this area a destination location
attracting people from outside the County to the benefit of other businesses in the area.
5. a. We estimate that we will have 20 to 30 people on both Fridays and Saturdays as
normal visitors. We expect to have up to 80 people for special events and one special
event every other week. This is the initial plan but if we have sufficient demand we may
eventually be open 7 days a week.
b. Family only at first, we will add employees as necessary after establishment of
business.
c. Tasting room hours will be 11 am until sunset or 5 pm when the sunset is before
5 pm. The banquet facilities hours will be from 8 am until 11 pm.
d. One structure, Winery.
e. Will meet the intent of the Ag Zone District.
f. Other than the normal vehicles driven by the public we will expect to have Semi-
trucks make deliveries approximately 6 times per year to deliver bottles, barrels and
grapes.
g. Fort Lupton Fire Department.
h. 1- alluvial domestic well, 1- non-tributary Foxhills well decreed for all uses at 50
gpm, 12 shares Lupton Meadows Ditch Co., Stahl Pump Plant for 1 cfs and Stahl Ponds 1
& 2 for 2.3 of of storage.
Proposed septic and leach field, engineered.
j. There will be storage of wine.
6. The landscaping will consist of a 10' perimeter of gravel around the building with some
retaining walls. The rest of the area will be seeded to native grasses.
7. N/A, no termination expected.
8. The area is mostly sand and gravel; storm water is quickly absorbed into the ground
without any surface flows. Storm water from the roof area will be diverted away from
the building and absorbed into the surrounding soils.
9. We estimate that it will take one year to construct the winery, if we can commence by
spring 2011 the landscaping would be completed in the fall.
10. There will be no storage or stockpiling of waste. The Winery will produce only a few
byproducts- stems, skins, yeast sediment and seeds. Stems, skins and yeast will be
composted and returned to the vineyard; seeds will be used as fuel for bio-fuel stove.
Waste water from barrel or floor washing will be used on the compost pile.
USR 7 Day Review Comments and Responses
1. Waste handling plan will be required. The plan should include how the composted
material will be stored, managed, land applied, et cetera;
USR Waste Handling Plan attached.
2. Dust abatement plan will be required;
/USR Dust Abatement Plan attached.
3. A septic permit for an engineer designed septic system has been applied for and is
pending approval by the Weld County Board of Health (BOH). The permit was presented
to the BOH at the 11/23/20 hearing, and the BOH tabled their decision to approve the
permit. The applicant's engineer will be present at the next BOH hearing on 1/25/10 to
present the proposed septic design and answer any questions the BOH may have
regarding the design and their concerns of environmental impacts;
I will be attending the BOH hearing along with my engineer on 1/25/2011.
4. The applicant is proposing to hold events such as wedding receptions, holiday parties
and meetings. Will food be provided at these events? If so, will food be prepared on-site
or will it be catered? Will there be a kitchen in the building? What sanitary facilities will
be provided for these events? A Retail Food Establishment license may be required.
Also, the proposed septic system design may need to be re-evaluated by the engineer
for the addition of food being served. If the septic design capacity exceeds 2000 gallons
per day, then system will require Site Application review by the Colorado Department of
Public Health and Environment;
USR Food Service Plan Narrative attached.
5. The existing well is permitted for domestic use. Will need documentation from the
Colorado Division of Water Resources that the existing well is approved for commercial
use;
Water Court Decree allows for commercial use, attached.
6. If the well serves greater than 25 persons per day, the well shall comply with the
Colorado Primary Drinking Water Regulations;
Well will comply with Colorado Primary Drinking Water Regulations.
7. Applicant will need to contact the Colorado Department of Public Health and Environment
regarding whether a Discharge Permit will be required for composting and land applying
the process wastewater from the wine making process.
I have contacted Gary Beers at the Colorado Department of Public Health and
Environment, awaiting a reply.
River Garden Winery
USR Waste Handling Plan Narrative
The waste produced from the production of wine is grape seeds, skins and stems.
This is called pumice. Pumice is produced when the wine or juice is pressed off of
the solids leaving a solid "cake" which is low in moisture. The amount of pumice
produced is between 4- 6% of the total tonnage of grapes. 20 tons of grapes
processed will produce about 1 ton of pumice. The pumice will be combined with
cow and chicken manure and other biomass from our farm in the correct
proportions to promote proper composting. Composting will be done in a
windrow on the ground to allow for periodic turning of the pile. Once composting
is complete the composted material will be covered with tarps until it can be
applied to the vineyard. Application of the compost will be from after the plants
go dormant in the fall up until the end of June depending on weather and
scheduling. Application after this time frame would produce unwanted late
season growth. Application is in the form of a side dressing applied by hand.
Each vine will receive a small amount (available compost divided by
approximately 3000 vines) and will be mechanically incorporated into the ground
around the vines. Each year all of the completed compost will be applied and will
not be stored for future use as it is important to return the nutrients back to the
soil as soon as possible.
River Garden Winery
Dust Abatement Plan Narrative
The driveway and parking area for the Winery will be gravel. In the event that
dust suppression is required, water from the well will be used to wet down the
drive and parking areas. Water for the parking lot will be available from an
outside hydrant and will be applied with a garden hose and sprayer. Water for
the driveway will be applied through an existing sprinkler system that runs the
length of the drive. Should the application of water for dust suppression become
overly burdensome, we will apply magnesium chloride or other suitable dust
suppression material.
River Garden Winery
USR Food Service Plan Narrative
The tasting room of the winery will be used for events, parties and meetings. All
such events requiring food will be catered with the food being brought in. There
will be a basic kitchen in the back of the tasting room for the caterer's
convenience. The kitchen will have a double sink and an oven as well as 2
commercial refrigerators and counter space for their prep work. All the
tableware will be the responsibility of the caterer. Disposable tableware will be
discarded into a dumpster that we will have on site. If tableware other than
disposable is used it will be the responsibility of the caterer to remove the
tableware to their location to be cleaned. A Retail Food Establishment license will
be applied for if required.
Sanitary facilities are one Men's and one Women's restrooms. My engineer has
re-evaluated the proposed septic system for the above described purposes.
There will be a data-logging flow meter installed to measure and record the daily
water usage. If the daily capacity exceeds 2000 gallons per day the Colorado
Department of Public Health and Environment will be notified.
District Court, Water Division 1, State of Colorado
Court Address: 901 9th Ave
P. O. Box 2038 VEILED Document—District Court
Greeley, CO 80632 1999( 1;241
CO weld County District Court 19th JD
CONCERNING THE APPLICATION FOR WATER Filing Date: Dec 14 2009 9:4ti:AM MS'
RIGHTS OF: Filing ID: 28488791
ROBERT M. AND MARY E. STAHL
IN WELD COUNTY COURT USE ONLY
Case Number: 99CW241
NOTICE OF REFEREE RULING
Robert M.and Mary E. Stahl
9378 CR 25
Fort Lupton, CO 80621-9308
Division Engineer
State Engineer
The Water Court Referee for Water Division No. 1 has instructed me to forward a copy of this
Ruling. Please check the Ruling carefully. If any errors are found, notify the Water Clerk's
Office immediately. If you have any questions regarding this matter, please direct them to the
Water Referee at(970) 351-7300, ext. 5406 or by e-mail to ray.liesman@judicial.state.co.us.
You have twenty days after the above mailing to file with the Water Clerk any pleading in
protest to or in support of the Referee's Ruling. Any such pleading must be filed on or before
January 4, 2010 plus any additional time allowed by Rule 6(e) C.R.C.P. In the absence of any
pleading, the Judge of the Water Court will enter the Referee's Ruling as a Decree the day after
January 4, 2010.
Certificate of Service
hereby certify that I served via LexisNexis File & Serve, a true and correct copy of the
foregoing Ruling to the parties listed above.
Dated: December 14, 2009 Q
By: Qt V n Ce y w�
Connie Koppes
Water Clerk, Water Division 1
This ruling was filed electronically pursuant to Rule 121,§1-26. The original is in the Court's tile.
DISTRICT COURT
WATER DIVISION 1, COLORADO
Weld County Courthouse
P.O. Box 2038
Greeley, CO 80632-2038
Applicant :
ROBERT M. AND MARY B. STAHL
in WELD COUNTY
COURT USE ONLY
Case Number: 99CW241
FINDINGS AND RULING OF THE REFEREE AND DECREE OF THE WATER COURT
THIS CLAIM was filed with the Water Clerk, Water Division 1,
on December 31, 1999 . Tr. Referee being fully advised in the
premises does hereby find:
All notices required by law of the filing of this
application have been fulfilled, and the Referee has jurisdiction
of this application.
The Determination of Facts issued by the office of the State
Engineer on May 21, 2000 has been considered.
No Statement of Opposition to said application has been
filed and the time for filing such statement has expired.
All matters contained in the application were reviewed, and
testimony was taken where such testimony was necessary and such
corrections made as are indicated by the evidence presented.
IT IS HEREBY THE RULING OF THE WATER REFEREE
1 . The name and address of the applicant :
Robert M. and Mary E. Stahl
9378 CR 25
Fort Lupton, CO 80621-9308.
99CW241
STAHL
Page 2
2 . The Name of the Structures :
Stahl Pump Station
Stahl West Pond
Stahl East Pond
Stahl Well LFH.
3 . The legal description of the structures:
All structures are located the SW '4 Section 18,
Township 2 North, Range 66 West of the 6th P.M. Weld County. Aka
Parts of Lots 5 and 6 Lupton Meadows Division No. 1
Stahl Pump Station - at a point on the West bank of the
South Platte River which is 1990 feet from the South line and 1150
feet from the West line of Section 18.
Stahl West Pond - the outlet is at a point 1990 feet
from the South line and 225 feet from the West line Section 18 .
Stahl East Pond - the outlet will be at a point 2465
feet from the South line and 1020 feet from the West line Section
18 .
Stahl Well LFH - All structures are to be located on a
45 acre parcel in the SW 34 Section 18, Township 2 North, Range 66
West of the 6th P.M. Weld County, as shown on Ex A. All wells will
be located on Applicants land. Specific locations will be provided
when applications for well permits are submitted. This includes
Stahl Well 41068-F located 2200 feet from the South line and 300
feet from the west line Section 18 .
4 . The source of the water:
Stahl Pump Station, Stahl West Pond and Stahl East Pond
- South Platte River.
Stahl Well LFH - Laramie-Fox Hills Aquifer, nontribuatry.
The groundwater to be withdrawn from the Laramie-Fox Hills
Aquifer through the wells described herein is "nontributary
groundwater" as defined in CRS 37-90-103 (10. 5) , 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 CRS 37-82-101 (2) and 37-92-102 (1) (b) , at an annual
rate greater than 1/10th of one percent of the annual rate of
withdrawal. The withdrawal of water from this aquifer in
accordance with the terms of this decree will not result in
material injury to the vested water rights of others.
5 . The date of appropriation:
Stahl Pump Station, Stahl West Pond, and Stahl East
Pond - July 25, 1998 .
99CW241
STAHL
Page 3
Stahl Well LFH - February 28, 1992, however rights to
nontributary ground water need not include a date of initiation
of the withdrawal project .
6 . The amount of water:
Stahl Pump Station - 0 . 11 cubic feet per second
(50 gpm) absolute.
0 . 89 cubic feet per second (400 gpm) CONDITIONAL.
Stahl West Pond - 0. 086 acre feet absolute
Stahl East Pond - 2 .25 acre feet CONDITIONAL.
The estimated depth, below land surface, estimated pumping
rate, and estimated annual withdrawal for the Stahl Well LFH is
as follows :
Annual
Estimated Depths* Pumping Rate withdrawal
Well Name Top Bottom cfs (gpm) Acre-feet
Stahl LFH 250 530 0 . 11 50 10.6
*The depths given indicate a range in which the aquifer is
located below the land surface.
7 . The use of the water:
Stahl Pump Station, Stahl West Pond and Stahl East
Pond - Irrigation of 2 acres absolute,
Irrigation of an additional 28 acres CONDITIONAL.
Irrigated land is in the NW 1/4 SW 1/4 Section 18, Township 2
North, Range 66 West of the 6th P.M. AKA parts of Lots 5 and 6
Lupton Meadows Division No. 1
Stahl Well LFH - The ground water claimed herein
from the Laramie-Fox Hills aquifer will be used and reused,
successively used, and after use leased, sold or otherwise
disposed of for the following beneficial purposes: domestic,
municipal , industrial, agricultural, commercial, irrigation,
stock watering, recreational , fish and wildlife, fire protection,
and exchange. The waters will be withdrawn through the wells
described herein for immediate application to beneficial use, for
storage and subsequent application to beneficial use, for
exchange purposes, for sale, exchange or replacement of
depletions resulting from the use of water from other sources,
and for all other augmentation purposes.
Augmentation use cannot be made until a court approved plan
for augmentation is obtained or the State Engineer has approved a
substitute supply plan or exchange, all subject to the provisions
of Paragraphs 12 and 13 herein.
99CW241
STAHL
Page4
8 . Applicant claims all groundwater recoverable from the
nontributary Laramie-Fox Hills aquifer underlying 45 acres in the
SW1/4 Section 18, Township 2 North, Range 67 West of the 6th P.M.
Weld County, as shown on-Exhibit A and the legal description
given on Exhibit B.
9 . Allowed Average Annual Amount of Withdrawal
The criteria used in determining the allowed average annual
amount of withdrawal of groundwater from the Laramie-Fox hills
aquifer as specified in Paragraph 4, beneath the land described
in Paragraph 8 are those criteria prescribed by CRS 37-90-137 (4)
and the Rules and Regulations adopted by the State Engineer. The
values used to calculate the allowed annual amount of withdrawal
are:
Saturated
No. of Materials Specific Acre-Feet
Aquifer Acres (feet) Yield Per Year
Stahl LFH 45 165 15% 18 .1
These values may be adjusted based on site specific data
submitted pursuant to the Statewide Nontributary Groundwater
Rules and subject to the retained jurisdiction provisions
contained in Paragraph 15 .
10. Applicant has the right to withdraw from the wells
decreed in this case an average annual amount of water determined
to be available for withdrawal pursuant to Paragraph 9, plus an
amount of groundwater in excess of that annual amount; provided
that the sum of the total withdrawals from any particular aquifer
does not exceed the product of the number of years since the date
of the issuance of well permits or of the entry of this decree,
whichever occurs first, times the decreed average annual amount
for the aquifer.
11. Construction of Wells :
For each well constructed pursuant to this decree, Applicant
shall comply with the following conditions:
A. The entire length of the open bore hole except the
surface casing shall be geophysically surveyed prior to casing
and copies of the geophysical log submitted to the Division of
Water Resources within 60 days. Applicant may provide a
geophysical log from an adjacent well or test hole in accordance
with the Statewide Rules and Regulations and acceptable to the
State Engineer, which fully penetrates the formation, in
satisfaction of the above requirement .
99CW241
STAHL
Page 5
B. The ground water production shall be limited to the
Laramie-Fox Hill aquifer as stated in Paragraph (4) herein as
defined in the Denver Basin Rules and Regulations . Non-
perforated casing must be installed and properly grouted to
prevent withdrawal from or intermingling of water between other
aquifers.
C. The permit number and name of the aquifer shall be
permanently displayed on or near each well at a location easily
accessible to water officials .
D. Applicant shall comply with CRS Section 37-91-101, et
seq. , and the Rules and Regulations promulgated thereto and with
such other requirements for constructing and equipping the well
as the State Engineer may reasonably require .
E. Unless otherwise authorized by the Division Engineer,
applicant shall install a totalizing flow meter on each well .
The meter shall be installed according to the manufacturer' s
recommendations and shall be inspected at least annually, and
promptly repaired or recalibrated as needed. If applicant ' s
meter becomes inoperable, it shall be repaired as soon as
possible so that measurements can continue. Permission to
operate the well without an operational meter must be obtained
from the Division Engineer.
F. The applicant shall keep records of the amount of water
pumped and perform the calculations necessary to determine
whether applicant is in compliance with this decree. Applicant
shall supply the Division Engineer with those records at least on
an annual basis or upon request by the Division Engineer.
12 . Limitation on Consumption of Nontributary Groundwater:
Applicant may, not consume more than 98% of the annual
quantity of the nontributary groundwater withdrawn from the
Laramie-Fox Hills aquifer. The relinquishment of 2% of the
annual amount of water withdrawn to the stream system, as
required by the Denver Basin Rules effective January 1, 1986, may
be satisfied by any method selected by the applicant, so long as
applicant can demonstrate to the reasonable satisfaction of the
State Engineer prior to issuance of the permit that an amount
equal to 2% of such annual withdrawals (by volume) will be
relinquished to the stream system.
13 . Any right to reuse or successive use of water approved
herein shall be in accordance with CRS 37-82-106 (2) .
99CW241
STAHL
Page 6
14 . Well Permits:
When the Applicant is ready to construct any of the wells
decreed herein, an application for a well permit shall be filed
pursuant to CRS 37-90-137 . The State Engineer shall consider the
rights granted herein as valid. If applicant fails to construct
any well for which a permit was issued within the period of time
authorized by statute, including legally authorized extension of
any such time period, then when applicant is ready to drill the
well , applicant shall file a second permit application for such
well and the State Engineer shall issue a well permit with
restrictions no more burdensome than are found in this decree.
15 . Retained Jurisdiction
The Court retains jurisdiction to provide for the adjustment
of the annual amount of withdrawal to conform to actual local
aquifer characteristics as determined from analyses of data
obtained when the well was constructed or test hole was drilled.
Within 60 days after the completion of such well (s) or
test hole(a) , the applicant shall file with the State Engineer,
and serve each of the parties who have appeared herein, copies of
the well logs from such well (s) or test hole (s) . Any person
including the State Engineer can invoke the Court 's retained
jurisdiction, upon notification of retained jurisdiction, shall
utilize data available to him and make a Final Determination of
Water Rights Finding within 4 months and submit same to the Water
Court. If no protest to such a filing is made within 60 days,
the Final Determination of Water Right 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 4
months, such final determination shall be made by the Water Court
after notice and hearing.
17 . Transfer of Water Rights
The nontributary ground water rights decreed herein are
vested property rights decreed to the applicant . The
nontributary ground water rights decreed herein shall be owned by
the applicant or the applicant' s successors until such time as
the applicant or the applicant' s successors expressly convey all
or a portion of the water to another entity through a deed that
identifies this case number, the specific aquifer, and the annual
volume (based on a 100-year aquifer life) or total volume of
ground water that is being conveyed.
99CW241
STAHL
Page 7
18 . It is also ordered that the conditional rights are
hereby continued in full force and effect until January 31, 2016 .
If Applicant desires to maintain such conditional decree, an
application for a finding of reasonable diligence shall be filed
on or before January 31, 2016 or a showing made on or before such
date that the conditional water right has become an absolute
water right by reason of the completion of the appropriation.
19 . The Application for Stahl Pump Station, Stahl West Pond
and Stahl East Pond water rights were filed in the Water Court
in the year 1999 and the water rights granted herein shall be
administered as having been filed in that year; and shall be
junior to all priorities having been 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 decree.
Dated: December \ , 2009 .
Y O S. LIE
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.
Dated:
JAMES F. HARTMAN
Water Judge
Water Division No. 1
State of Colorado
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Ex A rr
99CW241
STAHL
[:I ILED Document—District C t,.e 4
1999(_'N241 ��
CO N"cid County District CourttM9f6M9
8 . Applicant claims all groundwater relspmeraIemtnOiantbel
nontributary Laramie-Fox Hills aquifer underiliy7ng2sfludcres in the
SW1/4 Section 18, Township 2 North, Range 67 West of the 6th P.M.
Weld County, as shown on Exhibit A and the legal description
given on Exhibit B.
9. Allowed Average Annual Amount of Withdrawal
The criteria used in determining the allowed average annual
amount of withdrawal of groundwater from the Laramie-Fox hills
aquifer as specified in Paragraph 4, beneath the land described
in Paragraph 8 are those criteria prescribed by CRS 37-90-137 (4)
and the Rules and Regulations adopted by the State Engineer. The
values used to calculate the allowed annual amount of withdrawal
are:
Saturated
No. of Materials Specific Acre-Feet
Aquifer Acres (feet) Yield Per Year
Stahl LFH 45 157 15% 10 .6*
*includes the 4.4 acre feet allowed for withdrawal under permit No. 41068-F
These values may be adjusted based on site specific data
submitted pursuant to the Statewide Nontributary Groundwater
Rules and subject to the retained jurisdiction provisions
contained in Paragraph 15.
10. Applicant has the right to withdraw from the wells
decreed in this case an average annual amount of water determined
to be available for withdrawal pursuant to Paragraph 9, plus an
amount of groundwater in excess of that annual amount; provided
that the sum of the total withdrawals from any particular aquifer
does not exceed the product of the number of years since the date
of the issuance of well permits or of the entry of this decree,
whichever occurs first, times the decreed average annual amount
for the aquifer.
11 . Construction of Wells:
For each well constructed pursuant to this decree, Applicant
shall comply with the following conditions:
A. The entire length of the open bore hole except the
surface casing shall be geophysically surveyed prior to casing
and copies of the geophysical log submitted to the Division of
Water Resources within 60 days. Applicant may provide a
geophysical log from an adjacent well or test hole in accordance
with the Statewide Rules and Regulations and acceptable to the
State Engineer, which fully penetrates the formation, in
satisfaction of the above requirement .
99CW241
STAHL
Page 7
18. It is also ordered that the conditional rights are
hereby continued in full force and effect until January 31, 2016 .
If Applicant desires to maintain such conditional decree, an
application for a finding of reasonable diligence shall be filed
on or before January 31, 2016 or a showing made on or before such
date that the conditional water right has become an absolute
water right by reason of the completion of the appropriation.
19. The Application for Stahl Pump Station, Stahl West Pond
and Stahl East Pond water rights were filed in the Water Court
in the year 1999 and the water rights granted herein shall be
administered as having been filed in that year; and shall be
junior to all priorities having been 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 decree.
Dated: December \, 2009 .
c
O S. LIE
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.
Dated:
J E F. HARTMAN
W te Judge
te Division No. 1
S at of Colorado
Evidence of Adequate Water Supply
The water supply will be from a non-tributary well that is both permitted and decreed. The well
is allowed to pump 4.4 acre feet per year. The table below shows how much water has been
pumped since it was first put to use. As you can see only a small portion of the 4.4 a/f is
pumped each year. The portion not pumped is banked for future use. The anticipated use by
the winery and tasting room is 1/3 a/f per year, so the supply will be more than adequate. Well
permit and Water Supply Information Summary are attached. The water from this well will be
sterile filtered before use in the tasting room and will be tested annually for water quality.
Stahl Well Meter Readings
Cumm Cumm
Inside Annual Outside Annual Annual Total Banked
Meter Gallons Meter Gallons NE NE NF
Dec 31 1993 37500 37500 95400 95400 0.408 0.408 3.992
1994 99050 61550 208660 113260 0.536 0.944 7.856
1995 161280 62230 292870 84210 0.449 1.394 11.806
1996 223180 61900 394410 101540 0.502 1.895 15.705
1997 284660 61480 478910 84500 0.448 2.343 19.657
1998 350400 65740 , 43280 43280 0.335 2.678 23.722
1999 419690 69290 81940 38660 0.331 3.009 27.791
2000 497230 77540 92090 10150 0.269 3.278 31.922
2001 576160 78930 102800 10710 0.275 3.553 36.047
2002 648550 72390 106020 3220 0.232 3.785 40.215
2003 713400 64850 110360 4340 0.212 3.998 44.402
2004 765390 51990 112630 2270 0.167 4.164 48.636
2005 822475 57085 128975 16345 0.225 4.390 52.810
2006 879560 57085 145320 16345 0.225 4.615 56.985
2007 920818 41258 160643 15323 0.174 4.789 61.211
2008 963311 42493 169937 9294 0.159 4.948 65.452
2009 1009910 46599 179230 9293 0.172 5.119 69.681
4.4 NF available annually
Outside•meter froze and tom;new meter installed before in trg 1998',
Began using River water in Spring 1998 for lawn and garden
ri70o OFFICE OF THE STATE ENGINEER
GWS-25 COLORADO DIVISION OF WATER RESOURCES est. a :,f •= h
815 Centennial Bldg. 1313 Sherman St, Denver,Colorado .3203 (Pm(��" ' L&s
(am)swarm
8 2 7
WELL PERMIT NUMBER 0410RA - F -_
APPUCANT DN. l CNTY. 62 WD 2 DES. BASIN — MD —
Lot: 5 Block: Filing: Subdiv: LUPTON MEADOWS
APPROVED WELL LOCATION
COUNTY WELD
ROBERT M. STAHL NW 1/4 SW 1/4 Section 18
6585 W 62ND PL Twp 2 N , Range 66 W 6thp,M.
ARVADA CO 80003
DISTANCES FROM SECTION UNES
303/431-6826 2200 Ft. from South Section Line
PERMIT TO CONSTRUCT A WELL 300 Ft. from West Section Line
ISSUANCE OF THISPERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material Injury to existing water rights. The Issuance of the permit does not
assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from
seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2,
unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 17.
Approved pursuant to CRS 37-90-137(4) and the findings of the State Engineer dated March 30, 1992.
4) The maximum pumping rate shall not exceed 50 GPM.
5) The average annual amount of ground water to be appropriated shall not exceed 4.4 acre-feet.
6) Production Is limited to the Laramie-Fox Hills Aquifer which is located 225 feet below land surface and extends to a depth of 526
feet. Plain casing must be installed and sealed to prevent the withdrawal of ground water from other aquifers and the movement
of ground water between aquifers.
7) This well shall be constructed not more than 200 feet from the location specified on this permit
8) The entire length of the hole shall be geophysically logged as required by the Statewide Nontributary Ground Water Rules prior
to installing casing.
9) A totalizing flow meter must be installed Ott the-well and maintained in good working order. Permanent records of all diversions
must be maintained by the well owner(recorded at least annually) and submitted to the Division Engineer upon request
10) The owner shall mark the well In a conspicuous place with well permit number(s), name of the aquifer, and court case number(s)
as appropriate. The owner shall take necessary means and precautions to preserve these markings.
11) Pursuant to CRS 37-90-137(9)(b) and the Denver Basin Rules, no more than 98% of the nontributary ground water withdrawn
annually shall be consumed and the well owner shall demonstrate to the reasonable satisfaction of the State Engineer that no more
than 98% of the water withdrawn will be consumed.CRC 3/30/9-z_
AGPRRGOVED: c `
. Alfirg
6
State Engineer (doting) p� BY p
Receipt No. 0335897 DATE ISSUEIPIAR"31 1992 EXPIRATION DATE MAR 31 1993
•
WATER SUPPLY INFORMATION SUMMARY
Section 30.28-13344 C.R.S. requires that the applicant submit to the County;Adequate evidence that a water supply that
is sufficient in terms of quantity, quality and dependability will be available to encore an adequate supply of water.
1. NAME OF DEVELOPMENT AS PROPOSED
► Jev G'ardoin Vu-
t11-Cry
2. LAND USE ACTION U SR
3. NAME OF EXISTING PARCEL AS RECORDED
IviccaocaS
SUBDrvISION FILING BLOCK LOT
4. TOTAL ACREAGE 2 3 5. NUMBER OF LOTS PROPOSED N/4. PLAT MAP ENCLOSED 0 YES
8. PARCEL HISTORY •Please attach copies of deeds,plats ar other evidence or documentation.
A.Was pared recorded with county prior to June 1, 1972?;lit YES ❑ NO
B. Has the parcel ever been part of a dMuion of land action since June 1, 1972? Ca YES pi NO
If yes, desmhe the previous action
7. LOCATION OF PARCEL • lodude a map derogating theproject area and tie to a section corrt,Y
NW 114 OF Sin/ 1/4 SECTION IS TOWNSHIP 7 ANDS RANGE tacza ❑ E NON
PRINCIPAL MERIDIAN: _56TH 0 kM. ❑ UTE 0 COSTILLA
8. PLAT•Location of all wells on property must be plotted and permit numbers provided.
Surveyors plat ❑ Yes ❑ No If not,scaled hand drawn sketch 124 Yes ❑ No
9. ESTIMATED WATER REQUIREMENTS-Gallons per Day or Acre Feet per Yew 10. WATER SUPPLY SOURCE
I EXISTING ❑ DEVELOPED •
• ❑ NEW WELLS -
WELLS SPRING ®Aouride,tam ONE
i HOUSEHOLD USE # of units GPD AF WELL PERMIT NUMBERS j a AMU O IRKS AMMO(
i c�410�8 - F O DAM ON o MaS SWANK
COMMERCIAL USE t of S.F. GPD /3 AF I OSMAN FOX NUS
o e a we a owrA
❑one
IRRIGATION X of acres GPO AF
STOCK WATERING R of head GPO AF 0 MUNICIPAL
❑ ASSOCIATION WATER COURT DECREE CASE NO.'S
OTHER GPO AF ❑ COMPANY QC/ CtA)a4I
❑ DISTRICT
TOTAL GPO AF NAME .
LETTER OF COMMITMENT FOR
SERVICE 0 YES 0 NO
11. ENGINEER'S WATER SUPPLY REPORT 0 YES taf NO IF YES, PLEASE FORWARD WITH THIS FORM. Ms may be required Mere our reeler completed!
12. TYPE OF SEWAGE DISPOSAL SYSTEM SectL C. L cC.'ac-L
)(SEPTIC TANKILEACH HELD 0 CENTRAL SYSTEM • DISTRICT NAME
❑ LAGOON 0 VAULT • LOCATION SEWAGE HAULED TO
)(ENGINEERED SYSTEM (Attach a copy et wpienree chisel 0 OTHER
Evidence of Adequate Sewage Disposal
The method of disposal will be septic tanks and leach field. The permit was
applied for on 9/23/2010. This has been engineered by High Plains Engineering
with the latest revision submitted on 11/18/2010. On 11/23 the permit was
shelved until the Board Meeting 1/25/2011 so that the final details could be
worked out with my Engineer being present for the meeting. No problems were
anticipated and the permit should be issued at that time.
Winery Wastewater Production
Narrative
There is some water used to produce wine, however this water is reused and would not be considered
to be wastewater.
This winery is a small boutique or artisan type winery, every process except one is done by hand in
small batches. This should not be confused with a Robert Mondovi-type commercial winery.
As a Water Commissioner for over 20 years, few people appreciate the utilization and conservation of
water as I do. With my background, I of course wanted a winery that is as'green' as possible including
the minimal use of water for the winemaking process. I have been making homemade wine for many
years and have paid close attention to water usage. I shall relate the exact uses of water as follows.
The winemaking process begins with the arrival of the freshly picked grapes. The grapes are never
washed as this would allow the grapes to absorb water thus reducing the BRIX (sugar), undoing weeks of
waiting for the grapes to achieve the high sugar levels needed to make good wine. The grapes are
immediately put through the crusher-destemmer(the only piece of electrical equipment that I use), directly
into the fermenting bins. I should point out that most'commercial'wineries would use conveyors and
sorting tables which would require allot of water to clean, whereas I have control of the grapes that are
hand-picked so there are no bad grapes to sort. All bad grapes are left in the vineyard to be tilled back
into the soil. Once all the grapes are crushed the only water needed is to wash off the crusher-
destemmer, this requires about 5 gallons. All of the solids are removed from the crusher-destemmer by
hand cleaning (added to fermentation bins)and the water used for cleaning has very little of anything
except some juice stains in it. Cleaning the floor will require around 10 gallons. This water is suitable for
irrigation or for adding moisture to the compost pile.
After being crushed into the fermentation bins the resulting 'must' is allowed to ferment until almost all
of the sugar is converted into alcohol. Upon completion of the fermentation the must is scooped out of
the bins with buckets by hand and placed into the press to remove the wine from the pumice. After
pressing by hand, the wine is placed in new or clean plastic barrels and the pumice(seeds and skins) is
placed in the compost pile. The pumice is almost dry when it comes out of the press as every drop of
wine is valuable. I use approximately 1 gallon of water to rinse each barrel before filling with wine. The
fermentation bins are cleaned using about 4 gallons of water each. The press is cleaned using about 5
gallons. The floor will require around 10 gallons. All of this water is suitable for irrigation or compost.
The next step will be to transfer the wine from the plastic barrels into oak barrels for aging. When the
wine has aged long enough it is bottled. Immediately after emptying the oak barrel it is rinsed and filled
with wine that is in a plastic barrel. Both of these barrels will have some'lees' in the bottom that has
settled out. The lees are spent yeast and sediment that settles to the bottom as the wine clears. 1 gallon
of water is added to each barrel to liquefy the lees so that they can be poured out. I want this for the
compost pile. The barrels are then cleaned using 2 gallons of water. The floor will require around 10
gallons. All of this water is suitable for irrigation or compost.
The last use of water is for bottling the wine. New bottles made of recycled glass will be used; we will
not recycle our bottles. These bottles are sterile when manufactured but may pick up some dust during
transportation. To prepare the bottle for filling it is rinsed to remove any dust using 1 oz. of water per
bottle. All of this water is suitable for irrigation or compost. Next the bottle is sanitized with a solution of
food grade potassium metabisulfite(sulfite) and water. The solution is sprayed into the bottle and then
allowed to drain back into the reservoir. 1 cup of solution will sanitize 100 bottles, a small amount is lost
to each bottle and the solution is used to extinction. I use a single-bottle, vacuum powered filler. It takes
about 5 gallons to clean the filler and associated hoses. The floor will require around 10 gallons. All of
this water is suitable for irrigation or compost.
All of the cleaning is done with a low-volume high-pressure sprayer which uses little water but does a
great job of cleaning. There are no soaps, detergents, cleaners or chemicals used in the winery. A
solution of food grade potassium metabisulfite and water is used to wipe everything down. I need to point
out that any spills of wine are small and rare because of the hands-on nature of the procedure.
Based on the numbers outlined above it will require approximately 100 gallons of water for each ton of
grapes. Production will probably max out at 20 tons per year for a total use of 2,000 gallons per year.
This small amount is easily managed and comprises only a tiny portion of the water needed for
composting and irrigation.
The water will be collected into a small vault at the end of the floor drain and pumped to the compost
pile or into an existing plastic lined irrigation pond to be used in the drip irrigation system. The source of
the water is a non-tributary well and I am entitled to use and reuse the water to extinction. The finite
amount of water available to this well is another reason for my judicious use of water.
Preliminary Drainage Report
I understand that because the site is in the flood plain that no drainage report is
needed other than this narrative. The construction of the building and the ramps
and handicap parking spaces will not significantly alter the storm-water drainage
of the area. Any storm-water generated by this project would be absorbed by the
surrounding soils which are mostly sand and gravel. I have never observed any
storm-water surface flows across the property, after the heaviest storms the low
areas will contain water for just a couple days. If there were any surface flows
they would flow generally NE to the South Platte River which, is just a few hundred
feet away.
Preliminary Traffic Study
Narrative
The primary access to our site is on County Road 25 from the south. This road has
recently been widened and paved from County Road 18 to just north of our
access drive and then becomes gravel. Most all of the traffic is from the few
people who live on CR 25 and gravel trucks and oil-field trucks. The largest
generator of traffic is the three gravel pits, NCCI, Weld County and Pioneer Sand
Co. The winery and tasting room will increase traffic on County Road 25 but the
increase will be insignificant compared with the gravel truck traffic. We expect 20
to 30 people on Fridays and Saturdays at first and possibly 7 days a week in the
future. We expect an average of 50 people once every other week for events
such as meetings, celebrations and parties. This averages out to be an increase of
approximately 25 vehicles per week on the road when we first open. There is the
possibility that we may increase our number of days of business but we don't
expect this to happen soon as we won't have sufficient product to sell the first
few years. If we are able to increase our days open in the future it would increase
traffic at the same time that the gravel pits will be finished up and their traffic
would be decreasing. Most of these vehicles will not be on the road the same
time as the gravel truck traffic and should not cause any problems.
1.4).- +A Weld County Public Works Dept.
t . • . --;-4 1111HStreet ACCESS PERMIT
,, r„ P.O. Box 758 APPLICATION FORM
VC.:11:-.•014c 4c Greeley, CO 80632
Ck9-" Phone: (970)304-6496
Fax: (970)304-6497
Applicant Property Owner(If different than Applicant)
Name 120 )1t'I IRA 6"y1,` *& \1 Name
CompanyRII/(V GAvJc'h W \v ?V '1 Address
Address 37 PI COu Y,\-1 - Ck. ZS- City State Zip
City-Pk. L.\o to State CO Zip 7sec:2 i Phone
Business Phone `3 ?`)7 -C)7`4Z Fax
Fax (lc& l ICiv5E ` E-mail
E-mail bj..). 2h i V\\ ACI h1`
UC-trek ♦= Existing Access A= Proposed Access
Parcel Location& Sketch
The access is on WCR a`>
i I
Nearest Intersection:WCR 3 S &WCR 0 WCR
Distance from Intersection I/`i 1^.,:k\eJ
Parcel Number I 3o \ I ti; (7)c-, 1 0-o '/> i
Section/Township/Range I ', /2IJ 76-,C, lJ t c
Is there an existing access to the property? la NO
N 3 3
Number of Existing Accesses 2
Road Surface Type &Construction Information
Asphalt X Gravel_ Treated Other ; O /1/// 94 / ( 7 /
Culvert Size &Type r5 0 nF l
Materials used to construct Access
Construction Start Date Finish Date
Proposed Use
❑ Temporary (Tracking Pad Required)/$75 o Single Residential/$75 ❑ Industrial/$150
Small Commercial or Oil & Gas/$75 ❑ Large Commercial/$150 ❑ Subdivision/$150
❑ Field (Agriculture Only)/Exempt
Is this access associated with a Planning Process? ❑ No ;(USR ❑ RE o PUD o Other
Required Attached Documents
- Traffic Control Plan -Certificate of Insurance - Access Pictures (From the Left, Right, & into the access)
By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit
application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the
authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity; and that by virtue of their signature the
Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws
regarding fcrtres?construction. ` ` �`
Signature1� ) ��� Printed Name obc Y t . \�Y \ Date Ph:/TO/O
Approval or Denial will be issued in minimum of 5 days. Approved by
Revised Date 6/29/10
Ft. Lupton
Tort Lupton Tire Protection District
►„���
1121 Denver Ave. Emergency 911
Jli► Tort Lupton, CO 80621 Office 303-857-4603
Tax 303-857-6619
December 1,2010
Mr. Bob Stahl
9378 WCR 25
Fort Lupton, Co. 80621
RE: Property located at 9378 WCR 25 for use as a winery.
To Whom It May Concern,
After talking with Mr. Stahl and discussing the future use of this property the Fort Lupton Fire Protection
District has the following requests. First,fire apparatus access roads shall be designed and maintained
to support the imposed loads of fire apparatus. All fire apparatus access roads must have a surface to
provide all-weather driving capabilities.The fire department will need to have full access to the grounds
and buildings. This access road shall be a minimum width of 26 feet wide. Also,the address must be
placed at this access in a position that is clearly visible from the street fronting. Address numbers need
to be a minimum of 4 inches high,have a%inch stoke, and they need to be on a contrasting backboard.
At this time these are the only requests/concerns that the Fort Lupton Fire Protection District has with
the use of this property. If you need any further assistance with this matter please contact me at your
earliest convenience.
Greg McGinn
Fire Prevention Services Captain
Title 12-page 846 Title 12-page 847 Alcohol Beverages 12-47-403
y procuring a wholesaler's ANNOTATION
his section is authorized to Am. Jur.2d. See 45 Am. Jur.2d, Intoxicating A liquor license cannot be obtained except
re, as well as other vinous Liquors, § 118. upon payment of fixed fees.A.D.Jones&Co.
Cant to this section or section C.J.S. See 48 C.J.S., Intoxicating Liquors, v. Parsons, 136 Colo.434, 319 P.2d 480(1957).
e 01 Icensed sales room § 101. License fees are required to be paid annu-
at tt,., time of the original Annotator's note.The following annotations ally. A. D. Jones & Co. v. Parsons, 136 Colo.
include cases decided under this section as it 434, 319 P.2d 480 (1957).
.ection is authorized to serve existed prior to the 1997 amendment of title 12,
es for consumption on the article 47, which resulted in the relocation of
provisions.
imer.
his section may ship wine 12-47-403. Limited winery license. (I) A Colorado limited winery license shall be
:d a winery direct shipper's granted by the state licensing authority to an applicant that certifies that it will manufacture
not more than one hundred thousand gallons, or the metric equivalent thereof, of vinous
this article or any person, liquors within Colorado. Each limited winery licensee shall annually certify to the state
ed financially in or with a licensing authority its compliance with this subsection(1)and shall be subject to revocation
ndirectly, in the business of of its license for false certification.
(2) A limited winery licensee is authorized:
or spirituous liquors or any
(a) To manufacture vinous liquors;
interested financially in or
directly or indirectly, in the (b) To sell vinous liquors of its own manufacture within this state at wholesale,at retail,
directly
or to personal consumers, including, if the limited winery also has received a winery direct
that any such financial
shipper's permit under section 12-47-104, sales to be delivered by common carrier to
ul. personal consumers;
a written contract with each (c) To sell vinous liquors of its own manufacture in other states, the laws of which
that designates the territory ( permit the sale of such wines and liquors;
:Ave wholesaler.The contract ( (d) To sell vinous liquors of its own manufacture for export to foreign countries if such
lication, and such applicant, export is permitted by the laws of the United States;
ient revisions, amendments, (e) To conduct tastings and sell vinous liquors of its own manufacture,as well as vinous
liquors manufactured by other Colorado wineries, on the licensed premises of the limited
ceived a license pursuant to winery and up to five other licensed premises, whether included in the license at the time
ners spirituous liquors of its of the original license or by supplemental application;
msed sales room location at (f) To serve and sell food, general merchandise, and nonalcohol beverages for con-
included in the license at the sumption on the premises of any licensed premises or to be taken by the consumer.
cation. (2.3) In order to encourage and maintain the integrity and authenticity of Colorado's
ed a " use pursuant to this viticultural identity, support the wine-grape and fruit growing industries in Colorado, and
e,a. inalcohol beverages inform the consumer of the source of grapes and fruit used by Colorado limited wineries to
ses by the consumer. produce vinous liquors, the liquor enforcement division shall, after consultation with the
t manufacturer of spirituous Colorado wine industry and other interested parties from the alcohol beverage industry,
i shall send a copy of the within one year after June I,2005, enact rules for the implementation, standardization, and
room to the local licensing enforcement of appellation labeling requirements that are consistent with, and,with respect
oposed. The local licensing to the origin of the grapes and other fruit used to manufacture the vinous liquor, more
cense be denied by the state informative than currently required by federal wine labeling regulations, 27 CFR, chapter
hat issuance of the proposed I, part 4, "labeling and advertising of wine" and related regulations. Colorado's labeling
quirements of the neighbor- regulations shall apply to a manufacturer licensed pursuant to section 12-47-402 or a
petitions, remonstrances, or Colorado limited winery licensed under this section in the manufacture of the vinous liquor
contained in the labeled bottle. Honey wine, including honey wine flavored with fruit,
'or an additional sales room herbs, or spices, shall be exempt from the labeling requirements included in this section.
tions and the provisions of (2.7) (a) A winery may affix the phrase "Colorado Grown" to bottles of wine de-
scribed in section 12-47-103 (6.5).
(b) Effective July 1, 2006, it shall be unlawful for a Colorado winery to make any
. 256, § 3, effective July 1. misleading statement on its product label regarding the origin of grapes, fruit, or other
5: (3.5) added, p. 435, § 3, agricultural products used to make vinous liquor.This paragraph(b) shall not be construed
to apply to the winery's name or address or to an appellation allowed under federal
regulations.
-47-113. (3) A person who has a financial interest in a limited winery license and relinquishes
provides that the act enacting such license to apply for another license under this article shall be prohibited from obtaining
a limited winery license for three years from the date of issuance of such other license.
i
12-47-403.5 professions and Occupations
Title 12-page 848 Title 12-page 849
person. partnership, pursuant to this subset
section(4)assoc ti It is organization.
for any limited winery na licensee or any (8) 12-47-601.fine h
person licenseei to, e interested
in corporation interested indirectly.
in in or with a limited nay winery increase i liability
I
licensee to be interested financially, directly or indirectly, in the business of any P liability for such a lie
arson, partnership, associa-
licensed to sell at retail pursuant to this article.
(b) It is unlawful for any limited winery licensee or any P
tion. organization, or corporation interested financially in or with a limited winery licensee to be interested financially,directly or indirectly,in the business of any vinous or spirituous (6), (7), and (8) amen
Source: L. 99: En
wholesale licensee.
Source: L. 97: Entire article amended with relocations, p. 257. § 3, effective July 1. 12-47-404. Impo
L. 2005: (1), (2)(a), and (2)(e) amended and(2.3) and (2.7) added, p. 683. § 2, effective persons
i importing vi
June 1. L. 2006: (2)(b) amended, p.
435, § 4, effective July 1. t (I) To import and
- (II) To solicit ordi
12-47-113.1. > licensees.
Editor's note: of This section was formerly numbered as § (b) Such license
(2) Section 6 of chapter 126, Session Laws of Colorado 2006. provides that the act amending
applies to acts occurring on or after July 1. 2006. in this state.
subsection (2)(b) (2) It is unlawful
A wine festival permit application may
a be person, partnership, t
12_gith y. Wine festival permit. ( limited winery licenseeapplicant shall specify the with such a licensed turfiled with the state is icceing authority by any
licensed
ed licensee premises efor licensed to of the wine festivalse vinous liquors. d, burin interest that occurred
applicant shall include
licensed the first the wine to be held, which application shall be business of any vino
filed at least ten business annual days cbe ssin fee wifeth
is tp filed wld.The t the state licensing Source: L. 97: En
a twenty-five dollar processing fee with the application authority.mod months aftercheedate shall
issuance.csoermittee long as tsuch use
pethe
i'm tee notifies festival
the y state licensing Editor's note: This s of the festivals and the
peermitiate at leastal ten business days before nylsuchton festivalf ll isother wine
to be held.
A wine festival permit shall entitle the permittee to hold no more than nine wine festivals
during the twelve-month period. application, but any wine festival Am.Jur.2d. See 45
(2) The applicant shall be the licensee filing the app Liquors, § 119.
permit that is issued as a result of such application shall be considered to be jointly held by
the permittee and the participating limited winery licensees or manufacturer licensees that 12-47-405. Nonr
are licensed to manufacture vinous liquors. application, as resident manufacture]
(3) Notification of all subsequent festivals shall be by supplemental state of Colorado for
(4) e he state licensing authority. (2) A malt ligfot
(4) The state licensing authority may deny a wine festival permit or supplemental this state
`t application for any of the
history
f vi reasons: -� into(3) The state
for the i
(a) A documented history of violations of this article or rules issued under this article the following purpose
f by ey participating licensee; or r (a) To import os
(b) The in of an incomplete at , late application; wholesalers pursuant
(c) A finding that the application, if granted,would result in violations of this article or
l To maintain
rules issued under this article or violations of the laws of a local government. procuring a malt ligi
unless the stale at-title;
• (5) After the issuance of an initial wine festival permit, all supplemental applications
that are complete and filed in a timely manner shall be deemed approved i (c) To solicit on
licensing authority provides the permutes with a notice of denial at least seventy-two hours wholesalers.
prior to the date of the event. I (4) Any person h
(6) The permittee and participating licensees are authorized to use the licensed pie license shall also be
mises jointly to conduct wine gs and sell any vinous liquors manufactured by tense stn section e
Colorado limited winery or manufacturer licensed to manufacture vinous liquors. No wine distinct.
festival permit shall authorize the permittee to use the licensed premises for more than p (5) Each manufa
, seventy-two hours for any one wine festival. a wine festival and the license into a written contra
(7) If a violation of this article occurs duringmanufacturer, and m
PP ycannot be identified, the state within which the pro
responsible for the violation can be identified, such licensee may be charged and the
: 11: appropriatenauthority tes ayasl a 1 rf the rospento pyrty exceed importer i sold by I
- `= alippl c ti andm may send a written s notice to every ou licensee whi identified
unshalln nothe p and p malt is quod imp
a application and may fine each the same dollar amount, aggregate.
ggro a e.No joint fine levied
. __-., „o.inners der licensee or two hundred dollars in the agg g
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