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Home My WebLink About950469.tiffKAROWSKY, WITWER, MILLER & OLDENBURG ATTORNEYS AT LAW STOW L WITWER JR WALKER MILLER R SAM OLDENBURG JOHN J BARRY MARILYN J DAVID 822 - 7TH STREET SUITE 760 P 0 BOX 1407 GREELEY, CO 8063 2-1 407 (303) 352-3161 FACSIMILE (303) 352-3165 January 26, 1995 Keith Schuett Weld County Planning Department 1400 N. 17th Avenue Greeley, CO 80631 Lee Morrison, Esquire Weld County Attorney's Office PO Box 1948 Greeley, CO 80632 Re: Chana-Johnson USR Application Dear Keith and Lee: 1 ' t —( JACQUELINE JOHNSON CURTIS R SEARS CHARLES A KAROWSKY OF COUNSEL I enclose herewith a copy of the decision of the State Engineer which finalizes the ruling which was entered in November, 1994. In short, the State Engineer has decreed that Mr. and Mrs. Chana are allowed the expanded use of the well on their property for providing water for their greyhound dogs. If you have any questions whatsoever about this, please feel free to contact me at your convenience. Yours very truly, KAROWSKY, WITWER, MILLER & OLDENBURG John J. JJB:mmv Enclosure rry // i ,1A9 7 1995 xl 950469 BEFORE THE STATE ENGINEER, STATE OF COLORADO CASE NO. 93 -SE -06 DECISION OF THE STATE ENGINEER IN THE MATTER OF A PERMIT APPLICATION TO CONSTRUCT A WELL (EXPAND THE USE OF AN EXISTING WELL, PERMIT NO. 124684-A) WITHIN 600 FEET OF AN EXISTING WELL RICHARD CHANA, APPLICANT TAKE NOTICE that the Findings of Fact, Conclusions of Law, and Initial Decision and Order of the Hearing Officer was served on the parties on November 1, 1994. No appeal of the Initial Decision has been submitted to the State Engineer. The time for filing an appeal has expired. x$ IT IS HEREBY ORDERED that the Initial Decision of the Hearing Officer becomes the Decision of the State Engineer. As such, it constitutes final agency action in this matter. Dated this I HDs/Rae:.eglehma day of Sa-W,4,s,7 , 1995. Hal D. Simpson, State Engineer Division of Water Resources 1313 Sherman Street, Room 818 Denver, CO 80203 (303) 866-3581 5304 I CERTIFICATE OF SERVICE I hereby certify that I have duly served the within DECISION OF THE STATE ENGINEER upon all parties herein by depositing copies of the same in the United States mail, postage prepaid, at Denver, Colorado, this /q6 day of ki0/06Lt9 rj , 1995, addressed as follows: Richard A. Chana 15366 E. Penwood Place Aurora, CO 81301 John Barry Karowsky, Witwer & Oldenburg Greeley National Plaza, Suite 550 Ninth Avenue & Eighth Street Greeley, CO 80631-3994 71.4 Claude W. Councilman 775 Weld County Road 11 Erie, CO 80516 HAND DELIVERED: Purushottam Dass Office of the State Engineer 1313 Sherman Street, Room 818 Denver, CO 80203 )1a4-44-- e4/O-zczet 9504S9 KAROWSKY, WITWER, MILLER & OLDENBURG STOW L WITWER, JR WALKER MILLER R SAM OLDENBURG JOHNJ BARRY MARILYN J DAVID ATTORNEYS AT LAW 822 - 7TH STREET SUITE 760 P 0 BOX 1407 GREELEY, CO 80632-1407 (303) 352-3161 FACSIMILE (303) 352-3165 November 30, 1993 Keith Schuett Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 Re: Chana/Johnson USR Dear Keith: JACQUELINE JOHNSON CURTIS R SEARS CHARLES A KAROWSKY OF COUNSEL 7.1.g7igT G 199 Q7P7,r1 rPEMt7 'icm7 4, I enclose herewith a copy of the letter which has recently been provided me by Richard Chana. The letter is from the office of the State Engineer, and indicates that a hearing will be scheduled and 30 days notice will be provided Mr. Chana. Mr. Chana informed me on November 24, 1993 that he has yet to receive any indication as to when the hearing will be scheduled. I certainly believe that the hearing is really a formality, since it is known that Mr. and Mrs. Councilman are not opposed to expansion of the water well permit on the Chana's property. I will continue to keep you posted of developments with regard to this, and if you should have any questions about this, please contact me at your convenience. Yours very truly, KAROWSKY, WITWER, MILLER & OLDENBURG / 7 Joh ' J. Byry JJB:mmv Enclosure 9,50459 , STATE OF COLOFADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 October 7, 1993 Mr. Richard A. Chana 15366 E. Penwood Place Aurora, CO 80015 Re: Case No. 93 -SE -06 Dear Mr. Chana; Roy Romer Governor Ken Salazar Executive Director Hal D Simpson State Engineer This is to acknowledge receipt of your letter dated October 4, 1993, requesting a hearing before the State Engineer concerning the 600 -foot spacing limitation on your Expanded Use of Well Permit No. 124684-A (Receipt No. 333701). Reiner Haubold of this office has been designated as the Hearing Officer in this matter, and all correspondence relating to the hearing procedures should be directed to his attention. You will be notified at least 30 days prior to any hearing to allow you to fully prepare for your presentation. Ms. Susan Garcia of my staff will be contacting you and the other parties to set up a date and time. Sincerely, Hal D. Simpson, P.E. State Engineer HDS/scg/chana cc: Division One Richard Stenzel, North Region Enclosure: Procedural Regulations 9504S9 KAROWSKY, WITWER, MILLER & OLDENBURG STOW L WITWER, JR WALKER MILLER R SAM OLDENBURG JOHN J BARRY MARILYN J DAVID ATTORNEYS AT LAW 822 - 7TH STREET, SUITE 760 P 0 BOX 1407 GREELEY, CO 80632-1407 (303) 352-3161 FACSIMILE (303) 352-3165 November 8, 1994 Keith Schuett Weld County Planning Department 1400 N. 17th Avenue Greeley, CO 80631 Lee Morrision Weld County Attorney's Office PO Box 1948 Greeley, CO 80632 Re: Chana-Johnson USR Application Dear Keith and Lee: JACQUELINE JOHNSON CURTIS R SEARS CHARLES A KAROWSKY OF COUNSEL ti G9 1994 ; .1 . EL+J f,"..:Cn_INTY ATTORNEY'S OFFICE I enclose herewith a copy of the Findings of Fact, Conclusion of Law and Initial Decision and Order which I received on November 4, 1994 concerning the water well permit application of Richard A. Chana. It would appear that based upon the initial decision and Order that this ruling would become final on December 1, 1994. I must believe at that point, we would be in a position to schedule the necessary hearing before the County Commissioners for review of the amended USR application. At your convenience, I would appreciate hearing your thoughts about this and what may need to be done to schedule the USR hearing. Yours very truly, KAROWSKY, WITWER, MILLER & OLDENBURG l / John J. Barry JJB : mmv Enclosure CC: B.J. Johnson E A)Joit L BEFORE THE STATE ENGINEER, STATE OF COLORADO CASE No. 93 -SE -06 FINDINGS OF FACT, CONCLUSION OF LAW, INITIAL DECISION AND ORDER IN THE MATTER OF A PERMIT APPLICATION TO CONSTRUCT A WELL (EXPAND THE USE OF AN EXISTING WELL, PERMIT NO. 124684-A) WITHIN 600 FEET OF AN EXISTING WELL RICHARD A. CHANA, APPLICANT THIS MATTER came before by Reiner Haubold, Hearing Officer, pursuant to the prehearing order dated July 19, 1994. FACTUAL AND PROCEDURAL BACKGROUND 1. At the prehearing conference the applicant, Richard Chana, appeared pro se and P. Doss, Glenn Graham and Al Eckermann represented the staff. 2. The issues were adequately defined in the prehearing statements and in the record. Therefore, the parties agreed to the submission of written briefs and arguments. All briefs were submitted timely. 3. Having reviewed the evidence, the exhibits and the statements submitted by the parties, and being fully advised. in this matter, and after due consideration of the pertinent law, the Hearing Officer makes the following Findings of Fact, Conclusion of Law, and Initial Decision and Order: FINDINGS OF FACT 4. The existing well was constructed in May 1982 and produces ground water from the Laramie -Fox Hills aquifer. Since that time the well has been used for domestic purposes serving a single-family dwelling and a dog kennel operation with a capacity of 150 dogs. 5. The kennel operation does not comply with the domestic permit issued for the well. The subject application is submitted to include the kennel operation in the well permit. 6. Two existing wells are located on lands adjacent to the Applicant's parcel at distances less than 600 feet from the Applicant's well. The owners of the well to the north, Robert and Katherine Johnson, do not object to the approval of the subject permit and have waived their right to a hearing in this matter. The owner of the well to the south, Mr. Councilman, did not waive his right to a hearing. Mr. Councilman was notified of but has not participated in these proceedings. 850469 ' Initial Decision, Chana Case No. 93 -SE -06 CONCLUSIONS OF LAW 7. The State Engineer has jurisdiction over the applications and the parties herein pursuant to Section 37-90-137(2), C.R.S. 8. The request for this hearing was properly submitted to the State Engineer pursuant to Section 24-4-104(9), C.R.S., and the Procedural Rules, 2 CCR 402-5. 9. Timely notice of the hearing was given to the parties. By failure to apply for party status and to appear at these proceedings it is presumed that Mr. Councilman does not object to the granting of the permit and has waived his rights in this matter. The hearing was conducted according to the provisions of Section 24-4-105, C.R.S., (1988), and the State Engineer's Procedural Regulations, 2 CCR 402-5. 10. The issue to be determined by this hearing is whether circumstances in this particular instance warrant the issuing of a permit for a well located less than 600 feet from existing wells. INITIAL DECISION AND ORDER 11. The Findings of Fact and Conclusions of Law are incorporated herein as if fully set forth. 12. The proposed annual diversions from the Applicant's well will not differ from its historic operations. No injury to the neighboring wells has been reported from the historic use of Applicant's well. 13. Under the circumstances of this case, the State Engineer can issue the permit for a well located less than 600 feet from existing wells. 14. This initial decision and order shall become the decision and final action of the State Engineer unless an exemption is filed with the State Engineer within 30 days of service of this order. Dated this HEARINGS\CHANA.FIN day of L, Page 2 , 1994. r G. Haubold, Hearing Officer Sherman Street, Room 818 Denver, Colorado 80203 _ Telephone: 303-866-3581 FAX: 303-866-3589 945- O4c9 I CERTIFICATE OF SERVICE I hereby certify that I have duly served the within FINDINGS OF FACT, CONCLUSION OF LAW, INITIAL DECISION AND ORDER upon all parties herein by de$osit g copies of the saTe in the United States mail, postage prepaid, at Denver, Colorado, this I S± day of 0Ve&Lke tr , 1994, addressed as follows: Richard A. Chana 15366 E. Penwood Place Aurora, CO 81301 John Barry Karowsky, Witwer & Oldenburg Greeley National Plaza, Suite 550 Ninth Avenue & Eighth Street Greeley, CO 80631-3994 Claude W. Councilman 775 Weld County Road 11 Erie, CO 80516 HAND DELIVERED: Purushottam Dass Office of the State Engineer 1313 Sherman Street, Room 818 Denver, CO 80203 (e -}/C:2/1.4-49---• 950159 ° STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone 1303) 866-3581 FAX (303) 866-3589 October 7, 1993 Mr. Richard A. Chana 15366 E. Penwood Place Aurora, CO 80015 Re: Case No. 93 -SE -06 Dear Mr. Chana; Roy Romer Governor Ken Salazar Executive Director Hal D Simpson State Engineer This is to acknowledge receipt of your letter dated October 4, 1993, requesting a hearing before the State Engineer concerning the 600 -foot spacing limitation on your Expanded Use of Well Permit No. 124684-A (Receipt No. 333701). Reiner Haubold of this office has been designated as the Hearing Officer in this matter, and all correspondence relating to the hearing procedures should be directed to his attention. You will be notified at least 30 days prior to any hearing to allow you to fully prepare for your presentation. Ms. Susan Garcia of my staff will be contacting you and the other parties to set up a date and time. Sincerely, Hal D. Simpson, P.E. State Engineer HDS/scg/charu cc: Division One Richard Stenzel, North Region Enclosure: Procedural Regulations KAROWSKY, WITWER, MILLER & OLDENBURG STOW L WITWER. JR WALKER MILLER R SAM OLDENBURG JOHN J BARRY MARILYN J DAVID Lee Morrison, Esquire Weld County Attorney's Office PO Box 48 Greeley, CO 80632 ATTORNEYS AT LAW 822 - 7TH STREET. SUITE 760 P 0 BOX 1407 GREELEY, CO 80632-1407 (303) 352-3161 FACSIMILE (303) 352.3165 September 21, 1993 Re: Chana/Johnson Use by Special Review Permit Application Dear Lee: JACQUELINE JOHNSON CURTIS R SEARS CHARLES A KAROWSKY OF COUNSEL I enclose herewith a copy of the correspondence which I just received from Rick Chana with regard to the expansion of the water well permit upon his property. As you will recall, that process must be completed before the Use by Special Review hearing can be conducted. It is also my understanding that that is the last hurdle to be cleared before the hearing before the County Commissioners can be scheduled. I would anticipate that Mr. Chana would complete the water permit process in early to mid October, and then I believe that the County Commissioner's hearing may be held. I will of course advise you when the water well hearing has been completed. I appreciate your patience and the the patience of the Weld County Planning Department in this matter, and if you should have any questions about this, please contact me at your convenience. Yours very truly, KAROWSKY, WITWER, MILLER & OLDENBURG John J. Barry JJB:mmv Enclosure CC: Richard A. Chana Weld County Planning Department Atten: Keith Schuett Weld County _ I STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 Richard A. Ghana 15366 East Penwood Place Aurora, CO 80015 September 7, 1993 RE: Well Permit Application, Receipt No. 333701 Dear Mr. Ghana: Roy Romer Governor Ken Salazar Executive Director Hal D Simpson State Engineer I apologize for not getting back in touch with you prior to your trip out of the state during the month of August. I would like to address your concerns about the requirement for a new permit for the existing well as it relates to your description of the amount of water that is required to serve the dwelling and the kennel. Colorado Statutes basically divide use of ground water into two categories. One category of use consists, in part, of wells "...used for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over one acre of home gardens and lawns..." , or wells "...used for drinking and sanitary facilities in individual commercial businesses;"(C.R.S. 37-92-602(b) and (c)). These uses are commonly described as "exempt uses", meaning that these uses are exempt from administration in the priority system. All other uses are held to be "nonexempt uses", and are subject to administration to the extent necessary to prevent injury to existing water rights. Your existing well is a replacement for an old, unregistered well. Prior to or at the time of construction of the existing replacement well, the old well was registered in this office for domestic use and the watering of livestock, uses which were considered exempt uses of ground water under then current statutes. This office has taken the position that operation of a kennel is not a use described in Colorado Revised Statute 37-92-602, and therefore is not an "exempt use" of ground water, resulting in the need for you to apply for a new permit which would allow the well to be used to serve the kennel operation. The primary factor in our evaluation is the type of use, not the amount of water required to support the use. My understanding is that the county requires that any request for a land use change be supported by evidence that the land owner has a legal water supply for whatever use is proposed. With regard to the 600 foot spacing waiver, Mr. Councilman's refusal to sign that document is understandable under the circumstances you described. Since one or more owners of existing wells within 600 feet of your well have not waived the spacing requirement, this office has a statutory obligation to hold a hearing to determine if existing water rights would be injured by issuance of the permit you have requested. The most expedient action at this time would be for you to request a hearing to determine if a permit could be issued, lacking a waiver of the 600 foot spacing limitation by Mr. Councilman. You may initiate the process by submitting a written request to this office for a hearing in this matter. The Hearing Officer will notify all affected parties and schedule a pre -hearing conference to determine if the matter can be resolved without a formal hearing. 950459 Richard A. Ghana September 7, 1993 Page 2 Your application is herein returned to you until the Hearing Officer has determined that a permit could be issued. Please retain this original application form until such time as the 600 foot spacing matter has been resolved. All other supporting documentation for your application will be held in our files. Subsequent to my letter to you dated January 6, 1992, Governor Romer, on March 20, 1992, signed into law House Bill 92-1204 (modified on March 30, 1993 by House Bill 93-1060). These bills require adoption of certain notice requirements for permits and/or claims to withdraw nontributary ground water, or ground water from any of the Dawson, Denver, Arapahoe, Laramie - Fox Hills, or Dakota Aquifers. Applicants seeking permits to be issued pursuant to Section 37-90- 137(4) (also known as Senate Bill 5) must provide evidence that they have, ten (10) days prior to filing the application(s) for well permits or claims to water rights, given certified notice of their intention to withdraw nontributary ground water to every owner of record of the land, or to every person who has a lien or mortgage on the land. Enclosed is a copy of the form (GWS-43) to verify that you have made the required certified notice. Instructions for completing the form are given on the back of the form. If you hold fee title to the land which is subject of the application and there are no other record owners or lien holders in the land, then a statement to that effect should be entered on the form. Once you have complied with the notice requirements of HB 92-1204 and HB 93-1060, please complete the Notice of Verification form and keep it with your original application form until you can resubmit it to this office. This form must be signed by the land owner or authorized agent of the land owner. Feel free to contact this office if you have any questions, or require additional information. Sincerely, _.A124x.-6---e-t-i-x--, Glenn Graham Geologist Enclosures cc: Application File 950459 July 13, 1993 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street - Room 818 Denver, CO 80203 ATTN: Mr. Glenn Graham Geologist RE: Well Permit Application, Receipt No. 333701 Expanded Use of Permit No. 124684-A Dear Mr. Graham: C_7 JUL 1 9 1993 foitgl a nty'Innning IMI The purpose of this letter is a much -belated response to your letter of January 6, 1992 (copy enclosed). I apologize for the delay in this response which was due, in large part, to my misplacing the file on the above -referenced application request. In reply to your letter of some 19 months ago, I am enclosing the following per your request: 1. Three original Permit Application Forms for the expanded use of our existing water well (Permit No. 124684-A). All three forms have been executed by my wife and myself. 2. A separate sheet containing the legal description of our parcel of land (the N1/2 of the NE1/4 of Section 35, TiN, R68W, 6th P.M., lying South of the Stanley Ditch), along with as accurate a legal description as I have relating to the 3 parcels of land which are excepted from the legal descrip- tion of our parcel. 3. Pursuant to Colorado Revised Statute 37-90-137(2), an executed and notarized waiver to a hearing before the Colorado State Water Engineer by Robert and Katherine Johnson, owners of an existing water well (Permit No. 38351-F) to the north and within 600 feet of our existing well. In reference to your request for a similar Waiver from Mr. Claude Councilman, owner of a well (Permit No. 65122-A) located within 600 feet and to the south of our well, I have been unsuccessful in obtaining his consent to signing such a waiver for reasons totally unrelated to our Expanded Use Application. The reasons behind Mr. Councilman's reluctance in signing such a waiver form can best be summarized as follows; 1. Approximately three years ago, AMOCO Oil Company in conjunc- tion with Union Pacific Resources, exercised their gas rights to drill a natural gas well on our parcel of land. During this 950459 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES Page 2. drilling operation, Mr. Councilman's then existing water well "ran dry". For better than a year, AMOCO denied any responsibility on their company's part for damage to Mr. Councilman's water well; however, AMOCO did supply Mr. Council- man bottled water for a year pending an investigation of the problem. Although AMOCO never did admit to any liability on their part, AMOCO, nevertheless, did eventually pay for all or most of the cost associated with drilling a new well for Mr. Councilman. 2. Given the situation described in the preceding paragraph and the fact that Mr. Councilman and his wife were without domes- tic water for over a year, I believe you can understand Mr. Councilman's reluctance to sign your Division's standard Waiver Form which, among other things, states that our appli- cation "can result in damage to the well of the undersigned" (i.e. Mr. Councilman's well). In personally visiting with Mr. Councilman, who is a good friend and neighbor of ours, he certainly has no objection to the present or future intended use of our existing well..for such use is identical to that of the past 12 years...providing domestic water to one elderly resident of our farmhouse and greyhound racing dogs. Which brings me to the fundamental question of why the enclosed applica- tion for a commercial, "expanded use" permit is necessary in the first place? Please consider the following: 1. Our 38 -acre parcel of land is neither used for the raising of livestock or the growing of crops...a fact which was brought to my attention by the Weld County Tax Assessor's Office last year when they rezoned my parcel from "agricul- tural" to "agri-business", resulting in a 400% increase in my annual property tax bill (from $500 to over $2,000). In the words of the County Tax Assessor, "dogs are not considered to be livestock". 2. Although there are currently less than 10 greyhounds kenneled on our farm, 100-150 such dogs, in total, do not require as much water on a daily basis as one human being. Needless to say, greyhounds (or any other dogs, for that matter) do not take daily baths, flush toilets, or require any sort of out- side irrigation. Admittedly, dogs do drink water (about a pint of water per day per dog) and one sinkful of water per day is required to clean their feed pans. At the "outside", approximately 20 gallons of water per day are required in a kenneling operation involving 100-150 dogs...or the equiva- lent of flushing a standard toilet 3 times per day. 3. Given the fact that my mother-in-law is and always has been (since 1981) the sole resident on our farm, water is not used for irrigating an outside lawn, and given the facts 5O4 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES Page 3. of the preceding paragraph, our water needs are not even equivalent to the needs of a family of 2 people. As such, it appears difficult, at best, to justify the need on our part to apply for a commercial well permit..or even expanded use of our existing domestic well permit. Nevertheless, it appears that some Colorado Statute or regulation imposed by the Weld County Planning Department (neither of which I have personal knowledge of) is requiring both myself and our neighbors to the North of us, Mr. and Mrs. Robert Johnson (who also operate a greyhound kenneling facilty) to apply for commercial well permits in order for the Johnsons to comply with Weld County's requirements in applying for a "special use permit" for their kenneling operation. In order to facilitate what has now turned into a 3 -year legal matter between the Johnsons and the Weld County Planning Department over issuance of their "special use permit", my wife and I are cooperating by submitting the enclosed applica- tion for the "expanded use" of our existing well. Given the facts presented in this letter, I am hopeful that your department can resolve this matter through some form of "adminis- trative review". If this can not be done and a hearing on this matter is required, then I will attend such hearing and answer any questions you or your department might have regarding this matter. For purposes of scheduling such a hearing, I will be out-of- state on business from the end of July to the end of August as well as the latter two weeks of September. In speaking with your office, today, it is my understanding that you are currently on vacation and expected to return around July 21st. If your schedule can accommodate a review of this matter upon your return and prior to my departure on July 29th, I would appreciate hearing from you. Please feel free to contact me at the number listed below, either daytime or evenings. Thank -you for your attention to this matter and I look forward to hearing from you. Sincerely, ,e644e&..., Richard A. Chana 15366 E. Penwood Place Aurora, CO 80015 Phone: 693-0660 cc: John Barry, Attorney for Mr. and Mrs. Robert Johnson 9504S9 ' A ROY ROMER Governor OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 FAX [303] 866-3589 January 6, 1992 RICHARD & MARCIA CHANA 15366 E PENWOOD PL AURORA CO 80015 RE: Well Permit Application, Receipt No. 333701 Dear Mr. and Mrs. Chana: JERIS A DANIELSON State Engineer The limitations of our microfilming and photocopying systems make it necessary for us to require that an application for a permit to construct a well (or expand the use of and existing well) he submitted on a single, two sided form. The form you originally submitted (consisting of the front and back sides on separate sheets) is herein returned. I have taken the liberty of completing a new application form using the information you originally provided. Please review this new application. If you agree that the information is complete and correct to the best of your knowledge, please sign the form in Block No. 13 and return it to this office along with the additional documentation described below. As you are apparently aware, a form, waiving the 600 foot spacing limitation of C.R.S. 37-90- 137(2) must accompany an application when there are existing wells within 600 feet of the location of a proposed well or an existing well for which an expansion of use is requested. However, the waiver form(s) must be signed by the present owner(s) of those wells, not by the person requesting the new permit for construction or for expansion use. Review of our files indicates that there are two wells located within 600 feet of your well. Permit No. 38351-F issued to Robert & Katherine Johnson, and permit No. 65122-A issued to Claude Concelman. The required waiver forms must be signed by these individuals, or their successors in interest to the wells. I have enclosed copies of the form that we currently use for the purpose of obtaining the waiver. The last owner of record and last address of record for each permit is shown on the attachment to each waiver. Please contact the owners of the two wells indicted and have them complete portion of the form above that which is already filled in and then sign the form. The completed waivers should then be attached to your application form when it is returned to this office. Also, please include an accurate description of the 3 parcels which are to he excepted from the legal description of your parcel (the S1/2 of the NE 1/4 of Section 35, T1N, R68W, 6th P.M., lying South of the Stanley Ditch). 9504S9 Richard & Marcia Chana January 6, 1992 Page 2 Feel free to contact this office if you have any questions or require additional information. Sincerely, AL, --91-,rit.w Glenn Graham Geologist GRG/grg Enclosure 950459 WRJ-5-Rey. 76 8- II" COLOR 1 DIVISION OF WATER RESOURCE w-._ . 818 Centennial otdg., 1313 Sherman St., Denver, Colorado 8.,.._ Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. PERMIT APPLICATION FORM (x ) A PERMIT TO USE GROUND WATER (x ) A PERMIT TO CONSTRUCT A WELL FOR: (x ) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO. (x ) OTHER Expanded iisP of Permit No. 124684-A WATER COURT CASE NO. (1) APPLICANT - mailing address NAME Richard and Marcia Chana STREET 15366 East Penwood Place CITY Anrnra Cf 80015 (State) (Zip) ge TELEPHONE NO. 303-83 1 £110 443- 664® (2) LOCATION OF PROPOSED WELL County Weld NE Va of the NE '4, Section 35 Twp. Rng. 68 W 6th P.M. (N. S1 (E.W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 50 Average annual amount of ground water to be appropriated (acre-feet): 15 Number of acres to be irrigated: 5 Proposed total depth (feet): 830 Aquifer ground water is to be obtained from: Laramie —Fox Hills Owner's well designation LFH-1 GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) (x ) DOMESTIC (1) ( ) INDUSTRIAL (5) (x ) LIVESTOCK (2) ( x) IRRIGATION (6) (x ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Don Eastwood Street Box 160 FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. / Basin Dist. CONDITIONS OF APPROVAL 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. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE City Deertrail. CO 80105 (State) (Zip) 303-769-4531 Telephone No Lic. No. L189 (STATE ENGINEER) 904B9 BY I n ('-(ii INTY (6) TH- -- ELL MUST BE LOCATED BELOW by c ces from section lines. (5) THE LOCATION OF THE PPI DOSED WELL and the area on which the water will be used must tdicated on the diagram below. Use the CENTER SECTION (1 sect 640 acres) for the well location. ± - + - --- + - H-- - -I- - 4- 14 1 1 iNORTH+ w z_ J z a- + 1 MILE, 5280 FEET - + + ORTH SECTION LINE 1 I I j II I 1 � 1 - - + - -- - -I-- - I I I I SOUTH SECTION LINE t + 4- 625 ft. from North sec. line (north or south) 150 ft. from East j sec. line (ells' or west) LOT BLOCK FILING * SUBDIVISION I I + 1 _+-+-+--t--+-+-- The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4 42 acre-feet. (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: R. & M. Chana No. of acres 38 . Will this be the only well on this tract? Yes (8) PROPOSED CASING PROGRAM Plain Casing 4" (steel) in. from 0 ft. to 740 ft. in. from ft. to ft. t'er(prated ..zsiiIg (steel) 4" in. from 740 ft. to 830 ft. in. from ft. to ft. (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: n/a (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): Richard and Marcia Chana Noof acres: 38 All that part of the NEZNE+ of Sec. 35, Twn 1 N, R 68 W, Lying South of the Stanley Legal description: Ditch (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal syetem to be used. The well will provide water for household use and for the maintenance of up to. the subject property. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Used for (purpose) Description of land on which used Type or right None (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE./� �,� ` 74ce r �. _. l 7.42- S/GNAT URE OF APP PC Use additional sheets of paper if more space is required. 950459 GWS-1 (Rev. April 1987) STATE OF COLORADO OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES NONTRIBUTARY GROUND WATER LANDOWNERSHIP STATEMENT g (We) Richard and Marcia Chana (Name) claim and say that I (we) ' (are) the owner(s) of the following described property consisting of 38 acres in the County of Weld State of Colorado: (INSERT PROPERTY LEGAL DESCRIPTION) All that part of the N+NE} of Section 35, Township 1 North, Range 68 West of the 6th P.M., lying South of the Stanley Ditch, except for 3 parcels therein deeded to other parties. NOTE: Refer to attached ADDENDUM "A" for description of the 3 excepted parcels referred to in the above legal descrip- tion. and, that the ground water sought to be withdrawn from the _ Laramie_Fox Hills aquifer underlying the above -described land has not been conveyed or reserved to another, nor has consent been given to its withdrawal by another. Further, k (we) claim and say that f (we) have read the statements made herein; know the contents hereof; and that the same are true to my (our) own knowledge. i ..244g'444e (SI nature) (Signature) 7/3/9, (Date) 62/—" Date) INSTRUCTIONS Please type or print neatly in black ink. This form may be reproduced by photocopy or work processing means. See additional instructions on back. 7')1') r".• - ('4 ___4 5504'39 )4L n7 .' T...,,-... ., n..l .. ,.. .).. On')I)') f -,r-,\ OCC '1 rol ADDENDUM "A" LEGAL DESCRIPTION: All that part of the N1/2 NE1/4 of Section 35, Township 1 North, Range 68 West of the 6th P.M., lying south of the Stanley Ditch, except for 3 parcels therein described as follows; PARCEL #1 - a parcel conveyed by Deed recorded in Book 1182, Page 314, County of Weld, State of Colorado, consisting of approximately 2.5 acres. PARCEL #2 - a parcel conveyed by Deed recorded in Book 858, Reception No. 1780104, County of Weld, State of Colorado, consisting of approx- imately 2.5 acres. PARCEL #3: A•tract of land located in the North Half, Northeast Quarter; Section 35, TIN, R69W of the 6th P.M., in Weld County, Colorado; said tract being more particularly described as follows: Beginning at the Southwest corner of said North Half, Northeast Quarter • • from whence the North Quarter corner of said Section 35 bears NOO°11'48"E, . 1326.60 feet and with all other bearings contained herein relative thereto; thence N89°57'07"E, 266.00 feet along the South line of said North Half, • Northeast Quarter; thence NOO°02'53"W, 263.00 feet to the True Point of Beginning; thence NOO°02'53"W, 1°2.20 feet to a point on the Southerly right-of-way line of the Bull Canal; thence along Said Southerly right-of-way line the following courses and distances: S41°29'02"E, 74.53 feet:, thence 612.20 feet along the arc of a curve to the left, said arc being subtended by a chord bearing N86°53'48"E; 532.68 feet; thence N35°16' 33"E, 34.43 feet; thence N31 °06' 12"Es, 27.44 feet; thence leaving said Bull Canal right-of-way, S58°53'48"E, 214.48 feet; thence SOO°02_'53"E, 409.74•feet; thence S89°57'07"W, 504.77 feet along the South line of the aforementioned North Half, Northeast Quarter; thence N00'02153"W, 263.00 feet; thence S99°57'07"W, 325.00 feet to the True Point of Ber;inninn; thus described tract containing 5.000 acres. TOGETI!LR WITH AND SUBJECT TO all easements and rights -of -way which exist or are of puhlic record. 9049 4 WAIVER STATE OF ARIZONA )ss COUNTY OF MARICOPA ) • The undersigned, Robert Johnson and Katherine Johnson, being of lawful age and first sworn upon oath do solemnly state as follows: 1. That they are the owners of record of certain real property in Weld County, Colorado, more particularly described as All of that Part of the North Half of the Northeast Quarter of Section 35, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado lying north of the Stanley Ditch; 2. That they have submitted a permit application to the Colorado Division of Water Resources, and that Richard Chana and Marcia Chana have also submitted a permit application to the Colorado Division of Water Resources, and that they understand that the owners of the property immediately south of the above described real property are the owners and operators of a certain well _which is within 600 feet of the water well referenced in the aforesaid permit application of the undersigned; 3. That they understand that the operation of the well by the owners of the property immediately to the south can result in damage to the well referenced in the permit application, and they further understand that pursuant to Colorado Revised Statute §37-90-137(2), that they can require that the Colorado State Water Engineer conduct a hearing concerning the nature and extent of the damage which might arise from the operation of the well which is less than 600 feet away; 4. That the undersigned have reviewed the provisions of Colorado Revised Statute §37-90-137(2), and that the undersigned hereby waive the right to a hearing before the Colorado State Water Engineer concerning the nature and extent of the damage which may be caused by the well which is less than 600 feet from the well referenced in their permit application. 5. That the undersigned further consents to the granting of such application. Further Affiants sayeth not. Robert Johnson Katherine Johnso 35.04 9 • • Subscribed and sworn to before me this ,:,2<v -M day of by Robert Johnson. Witness my hand and official seal. aurd , .,,,, ,1,,,,,, otlry Public My Commission Expires: 9/3/73 - Subscribed and sworn to before me this day of by Katherine Johnson. Witness my hand and official seal. My Commission Expires: 9,/3 /9 Waiver 1992 , 1992 c&W eciaAAA------ -2- 9504'x'9 STOW L WITWER. JR WALKER MILLER R SAM OLDENBURG JOHN J BARRY MARILYN J DAVID KAROWSKY, WITWER, MILLER & OLDENBURG ATTORNEYS AT LAW 822 - 7TH STREET, SUITE 760 P O BOX 1407 GREELEY, CO 80632-1407 (303) 352-3161 FACSIMILE (303) 352-3165 January 7, 1993 Mr. Keith Schuett Weld County Planning Department 1400 N. 17th Avenue Greeley, CO 80631 Re: Chana/Johnson Use by Special Review Permit Application Dear Keith: JACQUELINE JOHNSON CURTIS R SEARS CHARLES A KAROWSKY OF COUNSEL This will serve to confirm our recent telephone conversation in which I indicated that Mr. Chana had reported to me that his neighbors, the Councilmans, had not agreed to execute a Consent form for expansion of the Chanas' water well to commercial use. He went on to indicate that the Councilmans were not necessarily opposed to the expansion of the water permit, but, rather, they were simply not inclined to execute any documents consenting to the expansion of the well permit. Mr. Chana speculated that the Councilmans would not appear at any hearing concerning the expansion of the water permit, and he also speculated that his well was perhaps not within 600' of the Councilmans' well. I indicated that I would investigate whether it was possible for the well permit expansion to occur without the need of a hearing and without the need of a consent from the Councilmans, and that if a hearing was necessary, I would attempt to schedule a hearing with the State as soon as practicable. Based upon our most recent conversation, it is my understanding that the expansion of the water well permit is the only remaining hurdle to scheduling a hearing before the Weld County Commissioners. I appreciate your attention to this, and if you should have any questions regarding this, please feel free to contact me at your convenience. Yours very truly, KAROWSKY, WITWER, MILLER & OLDENBURG John J. 'rry JJB:mmv CC: B.J. and Catherine Johnson EXHIBIT Fax Weld County Department of Planning Services Our FAX number: (303) 352-0242 COLORADO To Company: O Attention^__ 3�,;(/ FAX Number: W7c Number of pages including cover sheet: j Date: • Weld County Department of Planning Services • 915 10th Street • Greeley, Colorado 80631 • (303)356-4000 - Ext. 4400 (Voice) 9504S9 0 • OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 April 6, 1990 Ms. Laneli J. Curry Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Chana/Trostel Exemption NE 1/4 Sec. 35, T1N, R68W, 6TH PM Dear Ms. Curry: JERIS A DANIELSON State Engineer We have reviewed the above referenced proposal to create a 5 acre homesite and a 38 acre parcel from a 43 acre tract. The application does not make it clear which 43 acre parcel is to be split. The 5 acre homesite apparently has a well, Permit No. 63132, issued to David Trostel as its existing water supply. The 38 acre lot appears to have an existing well, Permit No. 45846, as its water supply. Well Permit No. 63132 appears to show an incorrect location in section 26 while the property to be split appears to be in section 35. We request the applicant supply this office with the correct location in terms of distance from the north -south and east -west section lines for the section it is located in. We have no objection to the proposal if the wells we have identified are the wells which will serve the lots and the applicant is able to change the location of Permit No. 45846. JRH/JTS:clf/9564I CC: Alan Berryman, Division Engineer Bruce DeBrine Richard Chana Sincerely, p,341/ James R. Hall, P.E. Supervising Water Resource Eng EXHIBIT i `-?C-- IJ 11611.17&11-6-69 APR 1 1 1990 dtIii CIS ;•t rl ::_,_) 350459 ROY ROMER Governor JERIS A DANIELSON State Engineer OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 Mr. Keith A. Schuett Weld County Planning Department 915 10th Street Greeley, CO 80631 Dear Mr. Schuett: May 26, 1989 Re: Johnson/Chana Site Plan, USR-478 N1/2 NE1/4, Sec. 35, T1N, R68W We have reviewed the above referenced proposal to allow a 76 acre tract to be used to breed, raise, and train up to 300 greyhounds. There are at least two permitted wells on the property (Permit Nos. 124684-A & 133371). The submittal mentions a thiru permitted well. These permits allow uses for household purposes inside single-family dwellings, the watering of domestic animals, and the irrigation of no more than one acre of lawns and garden. We consider the greyhound facility to be a commercial operation and, therefore, the existing wells are not permitted for the proposed uses. The two existing wells, however, are constructed into the Laramie -Fox Hills aquifer which is considered non -tributary at this location. As long as the owners apply for and obtain new well permits appropriating the non -tributary water available under their land for the existing wells for the proposed commercial purposes, we have no objections. The new permits must be obtained before we can recommend approval of this proposal. HDS/JCM:2740I cc: Steve Lautenschlager S incnrely �r , D. Simpson, P.E. Deputy State Engineer 70•I L^IIlDn GL ', WFq- JI \, %iY 5 0 1989 iIi ltl Cu. 1'I5Ivinis t,umnussluli 4 EXHIBIT i 9504' KAROWSKY, WITWER & OLDENBURG CHARLES A KAROWSKY STOW L. WITWER, JR. R SAM OLDENBURG JOHN J BARRY MARILYN J DAVID June 1, 1990 Richard Chana 15366 E. Penwood Place Aurora, CO 80015 Re: David Trostel Recorded Exemption Application Dear Rick: SUITE 550, GREELEY NATIONAL PLAZA NINTH AVENUE AND EIGHTH STREET GREELEY, COLORADO 80631-3994 (303) 352-3161 I recently received a telephone call from the Weld County Planning Staff concerning the status of the recorded exemption application submitted by David Trostel. Although the application has been filed, the process has stalled, because the application has not been promptly pursued. More specifically, the Weld County Planning Staff indicated that a survey needs to be completed reflecting that a one foot strip along the northernmost portion of the parcel which is to be deeded to Trostel must be retained by yourself and your wife, Marcia. This must be accomplished in order to properly comply with Weld County laws. For some reason, that survey has not been completed. It is my understanding from speaking with Lanell Curry of the Weld County Planning Staff that once that amended survey is completed, then the recorded exemption application is in a position to be approved or disapproved. Accordingly, I would ask that at your earliest convenience you speak with Mr. Trostel and perhaps also speak with Lanell Curry at the Weld County Planning Department, and see to it that the appropriate arrangements are made for completion of an amended survey. If you should have any questions about this, or if I can render any assistance, please let me know. JJB: mmv CC: B.J. Johnson • David Trostel Yours very truly, � EXHIBIT KAROWSKY, WITWER & OLDENBURG i 4 L 01P1-6/i)ri]. I ovr) \:, JUN 41990 John J. Barry 92504"39 KAROWSKY, WITWER, MILLER & OLDENBURG STOW L WITWER, JR WALKER MILLER R SAM OLDENBURG JOHN J BARRY MARILYN J DAVID ATTORNEYS AT LAW 822 - 7TH STREET, SUITE 760 P O BOX 1407 GREELEY, CO 80632-1407 (3O3) 352-3161 FACSIMILE (3O3) 352-3165 November 8, 1994 Keith Schuett Weld County Planning Department 1400 N. 17th Avenue Greeley, CO 80631 Lee Morrision Weld County Attorney's Office PO Box 1948 Greeley, CO 80632 Re: Chana-Johnson USR Application Dear Keith and Lee: JACQUELINE JOHNSON CURTIS R SEARS CHARLES A KAROWSKY OF COUNSEL I enclose herewith a copy of the Findings of Fact, Conclusion of Law and Initial Decision and Order which I received on November 4, 1994 concerning the water well permit application of Richard A. Chana. It would appear that based upon the initial decision and Order that this ruling would become final on December 1, 1994. I must believe at that point, we would be in a position to schedule the necessary hearing before the County Commissioners for review of the amended USR application. At your convenience, I would appreciate hearing your thoughts about this and what may need to be done to schedule the USR hearing. Yours very truly, KAROWSKY, WITWER, MILLER & OLDENBURG - 4 John J. Barry JJB:mmv Enclosure CC: B.J. Johnson LNO-W); IL 0V 9 1994 c!, -)N045.3 /FNGAI)-1,yonne, N. 1. EXHIBIT BEFORE THE STATE ENGINEER, STATE OF COLORADO CASE No. 93 -SE -06 FINDINGS OF FACT, CONCLUSION OF LAW, INITIAL DECISION AND ORDER IN THE MATTER OF A PERMIT APPLICATION TO CONSTRUCT A WELL (EXPAND THE USE OF AN EXISTING WELL, PERMIT NO. 124684-A) WITHIN 600 FEET OF AN EXISTING WELL RICHARD A. CHANA, APPLICANT THIS MATTER came before by Reiner Haubold, Hearing Officer, pursuant to the prehearing order dated July 19, 1994. FACTUAL AND PROCEDURAL BACKGROUND 1. At the prehearing conference the applicant, Richard Chana, appeared pro se and P. Doss, Glenn Graham and Al Eckermann represented the staff. 2. The issues were adequately defined in the prehearing statements and in the record. Therefore, the parties agreed to the submission of written briefs and arguments. All briefs were submitted timely. 3. Having reviewed the evidence, the exhibits and the statements submitted by the parties, and being fully advised, in this matter, and after due consideration of the pertinent law, the Hearing Officer makes the following Findings of Fact, Conclusion of Law, and Initial Decision and Order: FINDINGS OF FACT 4. The existing well was constructed in May 1982 and produces ground water from the Laramie -Fox Hills aquifer. Since that time the well has been used for domestic purposes serving a single-family dwelling and a dog kennel operation with a capacity of 150 dogs. 5. The kennel operation does not comply with the domestic permit issued for the well. The subject application is submitted to include the kennel operation in the well permit. 6. Two existing wells are located on lands adjacent to the Applicant's parcel at distances less than 600 feet from the Applicant's well. The owners of the well to the north, Robert and Katherine Johnson, do not object to the approval of the subject permit and have waived their right to a hearing in this matter. The owner of the well to the south, Mr. Councilman, did not waive his right to a hearing. Mr. Councilman was notified of but has not participated in these proceedings. Initial Decision, Chana Case No. 93 -SE -06 CONCLUSIONS OF LAW 7. The State Engineer has jurisdiction over the applications and the parties herein pursuant to Section 37-90-137(2), C.R.S. 8. The request for this hearing was properly submitted to the State Engineer pursuant to Section 24-4-104(9), C.R.S., and the Procedural Rules, 2 CCR 402-5. 9. Timely notice of the hearing was given to the parties. By failure to apply for party status and to appear at these proceedings it is presumed that Mr. Councilman does not object to the granting of the permit and has waived his rights in this matter. The hearing was conducted according to the provisions of Section 24-4-105, C.R.S., (1988), and the State Engineer's Procedural Regulations, 2 CCR 402-5. 10. The issue to be determined by this hearing is whether circumstances in this particular instance warrant the issuing of a permit for a well located less than 600 feet from existing wells. INITIAL DECISION AND ORDER 11. The Findings of Fact and Conclusions of Law are incorporated herein as if fully set forth. 12. The proposed annual diversions from the Applicant's well will not differ from its historic operations. No injury to the neighboring wells has been reported from the historic use of Applicant's well. 13. Under the circumstances of this case, the State Engineer can issue the permit for a well located less than 600 feet from existing wells. 14. This initial decision and order shall become the decision and final action of the State Engineer unless an exemption is filed with the State Engineer within 30 days of service of this order. Dated this /-, HEARINGS1CHANA.FIN day of tim- Page 2 , 1994. G. Haubold, Hearing Officer Sherman Street, Room 818 Denver, Colorado 80203 Telephone: 303-866-3581 FAX: 303-866-3589 9504,39 CERTIFICATE OF SERVICE I hereby certify that I have duly served the within FINDINGS OF FACT, CONCLUSION OF LAW, INITIAL DECISION AND ORDER upon all parties herein by de$osit g copies of the savie in the United States mail, postage prepaid, at Denver, Colorado, this I S day of 0Vef1�hQ r , 1994, addressed as follows: Richard A. Chana 15366 E. Penwood Place Aurora, CO 81301 John Barry Karowsky, Witwer & Oldenburg Greeley National Plaza, Suite 550 Ninth Avenue & Eighth Street Greeley, CO 80631-3994 Claude W. Councilman 775 Weld County Road 11 Erie, CO 80516 HAND DELIVERED: Purushottam Dass Office of the State Engineer 1313 Sherman Street, Room 818 Denver, CO 80203 juziett,_ (1, (-4/C24.e.--450--• 9504,39 ROY ROMER Governor JERIS A DANIELSON State Engineer OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 Mr. Keith A. Schuett Weld County Planning Department 915 10th Street Greeley, CO 80631 Dear Mr. Schuett: May 26, 1989 Re: Johnson/Chana Site Plan, USR-478 N1/2 NE1/4, Sec. 35, T1N, R68W We have reviewed the above referenced proposal to allow a 76 acre tract to be used to breed, raise, and train up to 300 greyhounds. There are at least two permitted wells on the property (Permit Nos. 124684-A & 133371). The submittal mentions a thiru permitted well. These permits allow uses for household purposes inside single-family dwellings, the watering of domestic animals, and the irrigation of no more than one acre of lawns and garden. We consider the greyhound facility to be a commercial operation and, therefore, the existing wells are not permitted for the proposed uses. The two existing wells, however, are constructed into the Laramie -Fox Hills aquifer which is considered non -tributary at this location. As long as the owners apply for and obtain new well permits appropriating the non -tributary water available under their land for the existing wells for the proposed commercial purposes, we have no objections. The new permits must be obtained before we can recommend approval of this proposal. HDS/JCM:2740I cc: Steve Lautenschlager S in .'.eel 1• �� i n..f;,,,a- Hal D. Simpson, P.E. Deputy State Engineer I II' :),,AY .3 0 1989 Meld Co. Plsmu��. li��nituisswl� 950459 to usiGtei7g STOW L WITWER JR WALKER MILLER R SAM OLDENBURG JOHN J BARRY MARILYN J DAVID KAROWSKY, WITWER, MILLER & OLDENBURG ATTORNEYS AT LAW 822 - 7TH STREET SUITE 760 P 0 BOX 1407 GREELEY, CO 80632-1407 (303) 352-3161 FACSIMILE (303) 352-3165 July 25, 1994 Lee Morrision, Esquire Weld County Attorney's Office PO Box 1948 Greeley, CO 80632 Weld County Planning Department 1551 N. 17th Avenue Greeley, CO 80631 Dear Lee and Keith: JACQUELINE JOHNSON CURTIS R SEARS CHARLES A KAROWSKY OF COUNSEL -‘ AUG 1 1994 0 pl.;;7,Pfl County Planning I enclose herewith a copy of the Pre -Hearing Order which I just received and which was apparently issued by the office of the State Engineer. This concerns the water well permit application of Richard Chana. I will continue to keep you apprised of the developments with regard to the water permit application, but if you should have any questions about this in the meantime, please let me know. JJB:mmv Enclosure Yours very truly, KAROWSKY, WITWER, MILLER & OLDENBURG C.<7� r ,(4, John J. Barry KAROWSKY, WITWER, MILLER & OLDENBURG STOW L WITWER JR WALKER MILLER R SAM OLDENBURG JOHN J BARRY MARILVN J DA'/ID ATTORNEYS AT LAW 822 - 7TH STREET. SUITE 760 P 0 BOX 1407 GREELEY, CO 80632-1407 (303) 352-3161 FACSIMILE (303) 352-3165 May 27, 1994 Mr. Lee Morrison, Esquire Weld County Attorney's Office PO Box 1948 Greeley, CO 80632 Keith Schuett Department of Planning Services Weld County Administrative Office 1400 N. 17th Avenue Greeley, CO 80631 Re: Channa/Johnson USR Dear Lee and Keith: JACQUELINE JOHNSON CURTIS R SEARS CHARLES A KAROWSKY OF COUNSEL I enclose herewith a copy of the Notice to Set Prehearing Conference which I have been provided by the Office of the State Engineer. It would seem that the State Engineer's Office has finally seen fit to begin the process of scheduling a hearing to review Mr. Channa's application for expansion of his well permit. I will continue to keep you advised of the progress of the water permit application, but if either of you should have any questions about this in the meantime, please let me know. Yours very truly, KAROWSKY, WITWER, MILLER & OLDENBURG John j. Barry JJB:mmv Enclosure Jpggit9 y MAY 1994 • tf , Alm WIDc. COLORADO July 19, 1991 Mike Cervi P.O. Box 169 Sterling, Colorado 80751 Dear Mr. Cervi: DEPARTMENT OF HEALTH 1517 - 16 AVENUE COURT GREELEY, COLORADO 80631 ADMINISTRATION (303) 353-0586 HEALTH PROTECTION (303) 353-0635 COMMUNITY HEALTH (303) 353.0639 An inspection of your brinewater disposal site located east of Roggen, in Weld County, Colorado, by Connie O'Neill - Environmental Protection Specialist of this department revealed that the new pond, (Pond C), was found to be in compliance with the Solid Waste Act. If you have any questions regarding this inspection or questions regarding the operation of the landfill, please contact this office at 353-0635. Sincerely, , Connie O'Neill ‘u -e4 vas, Wes Potter, Director Environmental Protection Specialist Environmental Protection Services CO/WP/lf-131 cc: Cle' Symons ALPHA ENGINEERING CO. A LAND DEVELOPMENT PROPERTY SURVEYS P.O. BOX 392 617 5th STREET FORT LUPTON, COLORADO 80621 RECEIVED SANITATION niviSION JUN 2G 1991 June 25, 1991 Weld County Health Department 1517 16th Avenue Court Greeley, CO 80631 RE: Insection of Proposed Pond B for USR-481 : 81 : 2'1, Weld County, Colorado. Dear Sir: I inspected the construction of this project and it to be constructed substantially as planned. The pond as constructed will reduce the infiltration rate into the soil to less than 1 X 10 to the minus 7 cm/sec. Enclosed are 5 pictures that show some of the features. Pictures are numbered on the back. Pictures 1 and 2 show the staff gauge that is marked on the concrete chute. Each mark is one inch in elevation with a roman numeral at each foot In elevation. Picture 3 is looking south along the west edge of the pond. This picture shows the crushed rock ( railroad ballast) that was placed along the top of the dike to control erosion. Heavy rains after construction have filled the bottom portion of the pond. Picture 4 shows the concrete chute. Additional riprap was placed after the picture was taken. Picture 5 shows the temporary plastic lined drainageway to conduct water to the pond without erosion until it is filled up to the chute elevation. Cecil R. Crowe, PE and LS 12330 C,Qp s ° iEq „ rte O 0 o' 0 12330 ° LOCAL FAX METRO 857 -2308 (303) 573-5186 FORT LUPTON 573-5186 . DENVER cl 4 KAROWSKY, WITWER & OLDENBURG CHARLES A KAROWSKY STOW L. WITWER. JR R SAM OLDENBURG JOHN J BARRY MARILYN J DAVID June 1, 1990 Richard Chana 15366 E. Penwood Place Aurora, CO 80015 Re: David Trostel Recorded Exemption Application Dear Rick: SUITE 550. GREELEY NATIONAL PLAZA NINTH AVENUE AND EIGHTH STREET GREELEY. COLORADO 80631.3994 (303) 352 -3161 I recently received a telephone call from the Weld County Planning Staff concerning the status of the recorded exemption application submitted by David Trostel. Although the application has been filed, the process has stalled, because the application has not been promptly pursued. More specifically, the Weld County Planning Staff indicated that a survey needs to be completed reflecting that a one foot strip along the northernmost portion of the parcel which is to be deeded to Trostel must be retained by yourself and your wife, Marcia. This must be accomplished in order to properly comply with Weld County laws. For some reason, that survey has not been completed. It is my understanding from speaking with Lanell Curry of the Weld County Planning Staff that once that amended survey is completed, then the recorded exemption application is in a position to be approved or disapproved. Accordingly, I would ask that at your earliest convenience you speak with Mr. Trostel and perhaps also speak with Lanell Curry at the Weld County Planning Department, and see to it that the appropriate arrangements are made for completion of an amended survey. If you should have any questions about this, or if I can render any assistance, please let me know. Yours very truly, KAROWSKY, WITWER & OLDENBURG John J. Barry JJB:mmv CC: B.J. Johnson David Trostel I U t� C 1�� .. t I'�sJ/ t11 . 55 i ,'UN ,i 1990 1 `iUla Co. ?I:,u.),rlt ..I)gnn(I IU)' O 00 I O L87b - OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 April 6, 1990 Ms. Lanel i J. Curry Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Chana/Trostel Exemption NE 1/4 Sec. 35, T1N, R68W, 6TH PM Dear Ms. Curry: JERIS A DANIELSON State Engineer We have reviewed the above referenced proposal to create a 5 acre homesite and a 38 acre parcel from a 43 acre tract. The application does not make it clear which 43 acre parcel is to be split. The 5 acre homesite apparently has a well, Permit No. 63132, issued to David Trostel as its existing water supply. The 38 acre lot appears to have an existing well, Permit No. 45846, as its water supply. Well Permit No. 63132 appears to show an incorrect location in section 26 while the property to be split appears to be in section 35. We request the applicant supply this office with the correct location in terms of distance from the north -south and east -west section lines for the section it is located in. We have no objection to the proposal if the wells we have identified are the wells which will serve the lots and the applicant is able to change the location of Permit No. 45846. JRH/JTS:clf/9564I cc: Alan Berryman, Division Engineer Bruce DeBrine Richard Chana Sincerely, p4,a James R. Hall, P.E. Supervising Water Resource Engineer TPc,, \': APR 1 1 199 (3 ; I� l COLORADO July 27, 1988 Richard and Marcia J. Chana 15366 East Penwood Place Aurora, CO 80015 i DEPAR JT OF PLANNING SERVICES PHONE (303) 356-4000 EXT. 4400 915 10th STREET GREELEY, COLORADO 80631 Re: VI -1219 - Ni NEI of Section 35, T1N, R68W of the 6th P.M., Weld County, -Colorado Dear Mr. and Mrs. Chana: The subdivision violation occurring on your property has been referred to the Weld County Attorney's office for appropriate legal action. We feel you have been given adequate time to attempt to remedy the violation. This office is ready to be of any assistance in clarifying or answering questions concerning this violation. Please call or write. Sincerely, .Vei4„Ve( eith"A. Schuett Current Planner KAS:dn pc David K. and Margaret E. Trostel 902 Weld County Road 11 Erie, CO 80516 COLORADO June 24, 1988 DEPAR JT OF PLANNING SERVICES PHONE (303) 356-4000 EXT. 4400 915 10th STREET GREELEY, COLORADO 80631 Richard and Marcia J. Chana 15366 East Penwood Place Aurora, CO 80015 Dear Mr. and Mrs. Chana: Re: Subdivision violation on a parcel of land described as Ni NEi of Section 35, TIN, R68W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Chana: Following an inspection of your deed and a review of the records of the Department of Planning Services, the parcel of land recorded in Book 1119, Reception #02060400, conveyed to David K. Trostel and Margaret C. Trostel is in violation of the Weld County Subdivision Regulations. This property was conveyed without the necessary approval by the Board of County Commissioners. Unless appropriate action is taken within thirty (30) days from the above date, this matter will be referred to the County Attorney's office for appropriate legal action. Please call or write if you have any questions about the subdivision violation. Respectfully, A. Schuett Current Planner KAS:rjg pc David K. and Margaret E. Trostel 902 Weld County Road 11 Erie, CO 80516 (j'v,iq) Hello