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HomeMy WebLinkAbout1.01 Application to Lease WaterCurrent January 2004 APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. O. Box 1478, Rifle, Colorado 8I650 Contract #040826JEA(a) Map # 508 Date Activated 8/26/04 water @wdwcd.org Fax: (970) 625 -2796 Telephone: (970) 625 -5461 1. APPLICANT INFORMATION ,/� Name: . 7 l IG'(1 � ��1't .• -! -c�L ,� it .� v., 4(3 L1 t rY e r Mailing address: 6154- a.* r Qt, s IK1iQ47 Telephone: 10 IS% -t3g&$ Authorized agent: 2. COURT CASE #'s: Decree Case No. Augmentation Plan Case No. 3. USE OF WATER LI- RESIDENTIAL (check applicable boxes) CA Ordinary household use Number of dwellings: ezzg © Subdivision: No. constructed units: No. vacant lots: Tifl Home garden/lawn irrigation of / 9, cu O sq. It. Method of irrigation:XI flood % sprinkler ❑ drip ❑ other Non - commercial animal watering of / 0 animals %Fire Protection Well Sharing Agreement for multiple owner wells must be submitted If greater than three owners, application must be made under a homeowners association. O COMMERCIAL (check applicable boxes) Number of units: Total sq. ft. of commercial units: Description of use: ❑ INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: ❑ MUNICIPAL Description of use: 4. SOURCE OF WATER Structure: \ � 1 Structure Name: OP1 U L r l^ u) 1\ Source: ❑Surface Storage DGround water Current Permit # 5-3S ivy (if applicable) ❑ Direct Pumping: Tributary: Location: 5. LOCATION OF STRUCTURE i County Quarter /quarter (0 (.0 `j q 1 1t-) Section Township Range Meridian nJ Quarter At, '{--h Principal Distance of well from section lines t --7 S rr-' Elevation: 10 (DO Q Well location address: 515 5 4/ Q. IL I J■1 e ( (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an attachment.) Number of acres in tract: Inclusion into the District, al Applicant's expense, ntay be required 7. TYPE OF SEWAGE SYSTEM Septic tank/absorption leach field OCentral system ❑Other istrict name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 1, 0 5 (minimum oft acre foot) Provide engineering data to support volume of water requested Commercial, municipal, and industrial users must provide diversion and consumptive data on a monthly basis. A totalizing flow meter with remote readout is required 0 be installed and usage reported to West Divide. Applicant expressly acknowledges it has had the opportunity to review the District's form Water Allotment Contract and agrees this application is made pursuant and subject to the terms and conditions contained therein. plicant Sign Applic ISignature re Application Date: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTA WEST DIVIDE WATER CONSERVANCY DISTRICT WATER USE ESTIMATES APPLICANT: Juan and Edithe Aguirre DWELLING UNITS: 2 IRRIGATED AREA (SC) FT): 18000 NO. OF LIVESTOCK: 10 ELEVATION (MSL): 6000 1 2 3) (4 5 Contract Amount w/ 5% transit Loss = 1.05 acre feet 6 7 8 9 10 Transit Loss= 11 12 5.0% In House Diversion per Unit (AF) In House C.U. per Unit (AF) Irrigation Diversion (ft) Irrigation C.U. (ft) In House Diversion (AF) In House C.U. (AF) irrigation Diversion (AF) Irrigation C.U. (AF) Livestock Diversion & C.U. (AF) Total Diversion Total C.U. (AF) Total 1 Contract Amount (AF) 0.029 0.004 0.06 0.01 0.00 0.00 0.01 __(AF) 0.071 0.019 0.020 0.026 0.004 0.05 0.01 0.00 0.00 0.01 0.064 0.017 0.018 0.029 0.004 0.06 0.01 0.00 0.00 0.01 0.071 0.019 0.020 0.028 0.004 0.049 0.039 0.06 0.01 0.02 0.02 0.01 0.090 0.035 0.036 0.029 0.004 0.364 0.291 0.06 0.01 0.15 0.12 0.01 0.229 0.139 0.146 0.028 0.004 0.526 0.421 0.06 0.01 0.22 0.17 0.01 0.297 0.192 0.202 0.029 0.004 0.568 0.454 0.06 0.01 0.23 0.19 0.01 0.317 0.207 0.217 0.029 0.004 0.445 0.356 0.06 0.01 0.18 0.15 0.01 0.264 0.166 0.174 0.028 0.004 0.316 0.253 0.06 0.01 0.13 0.10 0.01 0.206 0.123 0.129 0.029 0.004 0.081 0.065 0.06 0.01 0.03 0.03 0.01 0.106 0.046 0.048 0.028 0.004 0.06 0.01 0.00 0.00 0.01 0.069 0.018 0.019 0.029 0.004 0.06 0.01 0.00 0.00 0.01 0.071 0.019 0.020 0.336 0.050 2.349 1.879 0.67 0.10 0.97 0.78 0.12 1.854 1.000 1.051 (1) (2) (3) (4) (5) (6) 300 gallons per day per residence 15% consumptive use for ISDS systems 80% irrigation efficiency for sprinkler systems Blaney Criddle assessment with Pochop adjustments Column (1) * number of dwelling units Column (2) * number of dwelling units Column (3) * irrigated area in acres Column (4) * irrigated area in acres Livestock use at 11 gallons per head per day (99CW320) Column (5) + Column (7) + Column (9) plus 5% transit loss Column (6) + Column (8) + Column (9) Column (11) plus transit loss wdwcd water use estimates 10 -28 -03 8/18/2004 Form No. OFFICE OF T ' STATE ENGINEER - GWS -25 COLORADO 1)1IIISION OF WATER RESOURL_S 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866 -3581 APPLICANT JUAN D & EDITHE AGUIRRE PO BOX 0125 CARBONDALE, CO 81623- LIC WELL PERMIT NUMBER 253564 - DIV. 5 WD39 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SE 114 Section 6 Township 6 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 2350 Ft. from South 1275 Ft. from East (970) 704 -2274 UTM COORDINATES PERMIT TO CONSTRUCT A WELL Northing: Easting: Section Line Section Line ISSUANCE OF THIS PERMIT 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 this permit does not ensure 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 Rules 2 CCR 402 -2, unless approval of a variance has been granted by the State Board of Examiners of Water Weil Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37- 92- 602(3)(b)(fl)(A) as the only well on a residential site of 6.26 acre(s) described as that portion of the NE 1/4 of the SE 1/4, Sec. 6, Twp. 6 South, Rng. 91 West, 6th P.M,, Garfield County, more particularly described on the attached exhibit A. Further identified as 5154 County Road 214, New Castle, CO 81647. 4) The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling. The ground water shall not be used for irrigation or other purposes. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non- evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Parcel identification Number (PIN): 23 -2181- 064 -00 -057 ,q.,. NOTE: Assessor Tax Schedule Number: R015013 (totaling 9.940 acres) 2, DO3 APPROVED DMW .Receipt No. 9501636 State Engineer DATE ISSUED 10 -20 -2003 t3y EXPIRATION DATE 10 -20 -2005 EXHIBIT "A- A parcel of land situated in Section 6, Township 6 South, Range 91 West of the 6th PM.. described as follows: Beginning at a point in the Southerly right -of -way fence of County Road No. 214 whence the East 114 comer of said Section 6 bears North 75 °19'50° Fast 995.23 feet; thence South 01 °14'32" East 442.03 feet to the North right -of -way of the Ware and Hinds Ditch; thence along said North- right -of way North 40 °41'07" West 146.93 feet; thence North 39 °50110" West 87.36 feet: thence North 673521" West 131.30 feel: thence North 55 °54'23" West 69.99 feet; thence North 56 °51'18" West 82.37 feet thence North 58 °42'25" West 302.80 feet; thence North 73 "06'05" West 118.17 feet; thence North 80 °42'28" West 17320 feet; thence South 87 °33'59° West 100.92 feet; thence North 80 °1039" West 125.05 feet; thence South 68 °04'05" West 74.44 feet; thence South 60 °52'11" West 44.37 feet thence departing said ditch right - of-way North 02102'40" West 152.26 feet to the said Southerly County Road No. 214 right-of-way fence; thence along said right -of -way North 89 °2T54" East 445.62 feet; thence South 81°0033" East 114.84 feet; thence South 71 °34'55" East 160.63 feet; thence South 66°2727" East 126.20 feet; thence South 71 911128" East 335.34 feet thence South 79 °13'07" East 146.76 feet; to the POINT OF BEGINNING. EXCEPTING therefrom any portion described in deed recorded May 9, 1994 in Book 901 at Page 592. Current January 2004 Name of Applicant: Quantity of Water in Acre Feet: Contract 4040826JEA(a) Map # 508 Date Activated 8/26/04 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT /,05 Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, §37 -45 -101, et seq., (hereinafter referred to as the "District ") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall he reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use Any and alI water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall bi ect to the Districts lease contracts with the Unit ates. Bureau ofReclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorders Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non - refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board ofDireetors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice 2 will advise the Applicant, among othL 1gs, of the water delivery year to which the initia ment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. Han annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen. (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the AppIicant's rights hereunder to: 1) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 3 10. Operati id Maintenance Agreement: Applicant shall e ,nto an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use ofthe water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall he deemed to be a material breach of this Contract. 12. Use and PIace of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (an the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use /livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings 4 Oe Applicant Applicant STATE OF 0_010 .p ) j ) ss. COUNTY OF t c 1, ell 0., ) p _ The foregoing instrument was acknowledged before me on this 13 day of A �Q S 4 20 0 J) , by Y J C\J\ 115 u c r r'v 4 . 6 -.-h �- /45(.4, e r r -�, 1 Witness my hand and official seal. My commission expires: 1 ,-) - G- 3 — °--1 Mt CLCUD cL _ otary Public STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on this day of 20 , by Witness my hand and official seal. My commission expires: Notary Public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District. ATTEST: WEST DIVIDE WATER CONSERVANCY DISTRICT By President Secretary Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 6