HomeMy WebLinkAbout1.04 ISDS, management planOPERATION AND MAINTENANCE OF ISDS
(PER COLORADO STATE BOARD OF HEALTH, CHAPTER 25, ARTICLE 10 — REVISED 2000)
A. Responsibility: The owner and the party in possession of real property upon which an individual
sewage disposal system is used, shall be :jointly and severally responsible for operation and
maintenance of the system unless jurisdiction for responsibility has been transferred to a public, :
quasi - public, or political subdivision. The person denying such responsibility shall bear the burden
of proof for such denial upon establishment of ownership or possessory rights in the property served
by the system.
B. Service Label: For treatment plants utilizing mechanical apparatus or under a service policy, a
clearly visible, permanently attached label or plate giving instructions for obtaining service shall be
placed at a conspicuous location.
C. Maintenance and Cleaning: When directed by the local health department, for the purpose of
obtaining compliance with rules and regulations, the owner or user of a system shall provide for
maintenance and cleaning of an individual sewage disposal system and shall notify the local health
department upon completion of any maintenance work and report to said department and submit such
evidence of compliance with any maintenance and cleaning schedule in the form and as the
department requires.
1. The local board of health may adopt rules and regulations for the scheduling of
maintenance and cleaning of systems and practices adequate to insure proper functioning of
acceptable systems, and may require proof of proper maintenance and cleaning, pursuant to
any such schedules and practices, to be submitted periodically to the local department of
health by the owner of the system.
D. Monitoring and Sampling:
1. Reasonable periodic collection and testing by the local health department of effluent
samples from individual sewage disposal systems for which monitoring of effluent is
necessary in order to insure compliance with the provisions of rules and regulations may be
performed not more than two times a year, except when required by the health officer in
conjunction with an enforcement action.
2. Any owner or occupant of property on which an individual sewage disposal system is
located may request the local health department to collect and test an effluent sample from
the system. The local health department may perform such collection and testing services.
3. If the local health department collects and tests effluent samples, a fee not to exceed that
which is allowed by 25 -10 -101 et. seq. (as amended) C.R.S. 1973, may be charged for each
sample collected and tested. Payment of such charge may be stated in the permit as a
condition for its continued use.
E. Disposal of Waste Materials:
Disposal of waste materials removed from a system in the process of maintenance or leaning shall be
accomplished at a site approved by local county officials in a manner which does not create a hazard
to the public health, a nuisance or an undue risk of pollution and which complies with state and local
,rules and regulations. (See Sludge Regulations and Solid Waste, Regulations.) ;.
F. No Discharge is Permitted Which,Does not Comply With Rules and Regulations:
, No sewage or effluent shall be permitted to be discharged into or upon the surface of the ground or
into state waters unless the sewage system and effluent meets the minimum requirements of
applicable rules and regulations.
G. Termination of Use of System:
The contents of a septic tank, vault, or seepage pit, the use of which has been terminated, shall be
properly disposed of whereupon the emptied tank, vault, or pit shall be filled with soil or rock, or the
health officer may require the tank or vault to be removed and disposed of properly.
SUMMARY
ISDS systems are a good alternative to homeowners who do not have access to a community sewage
disposal system. With the proper monitoring and maintenance of your ISDS system, may years of
trouble free functioning can be had out of your ISDS system.
Form No. OFFICE OF THE STATE ENGINEER
GWS -25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
APPLICANT
JUAN & KATHY SUAREZ
919 SAMOY STREET
LAS VEGAS, NV 89110-
(702) 340 -5222
PERMIT TO USE AN EXISTING WELL
EXST
WELL PERMIT NUMBER 66182 -F
DIV. 5 WD45 DES. BASIN MD
Lot:
2 Block: Filing: Subdiv: SUARETJRE- SUBDIVISION LOT 44 GRASS MESA RANCH
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 SW 114 Section 34
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
500 Ft. from South Section Line
625 Ft. from West Section Line
UTM COORDINATES (Meters,Zone:13,NAD83}
Easting: Northing:
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 Well Construction and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37 -90- 137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the
condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the
State Engineer, is In effect, and when a water allotment contract between the well owner and the West Divide WaterConservancy District for
the release of replacement water from Rued' Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract
#060101JKS #2A(a).
4) Approved for the installation of a pump in, and the use of, an existing well, constructed on November 22, 2006, to a depth of 230 feet, under
permit no. 64754 -F (canceled). Issuance of this permit hereby cancels permit no. 64754 -F.
5) Approved as a well on a tract of land 0110.0161 acres described as lot 2 Suarez Subdivision (Re- subdivision of lot 44, Grass Mesa Ranch
division of land), Garfield County.
6) The use of ground water from this well is limited to ordinary household purposes Inside one (1) single family dwelling and one (1) accessory
dwelling unit, the irrigation of not more than 6,000 square feet (0.14 of an acre) of home gardens and lawns, and the watering of five (5) head
domestic animals and fire protection. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in
effect. This well Is known as Suarez Well no. 2.
7) The pumping rate of this well shall not exceed 15 GPM.
8) The average annual amount of ground water to be appropriated shall not exceed 1.11 acre-foot (361,694 gallons).
9) 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.
10) A totalizing flow meter must be installed on this 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.
11) This well shall be located not more than 200 feet from the location specified on this permit. —
NOTE: Canceled permit no. 64754 -F was previously issued for this well.
NOTE: Parcel Identification Number (PIN): 23 -2177- 343 -00 -387 r4 7:-1,eado 7
NOTE: Assessor Tax Schedule Number: R247233 (totaling 39,85 acres)
APPROVED
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Rprpint Nn Q.rlf17R41:1
State E . neer
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By
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Current January 2004
Contract #060101JKS #1(a)
Map # 534
Date Activated 1/1106
RECEIVED
WEST DIVIDE WATER CONSERVANCY DISTRICT SEP 0 5 2006
WATER ALLOTMENT CONTRACT
WATER RESOURCES
STATE ENGINEER
COLO.
AIL) �leh ` l f1 2._,, Name of Applicant
Quantity of Water in Acre Peen
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 sew., (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 13y execution of this
Contract and the attached Application, Applicant hereby agrees to the following terms and conditions:
1. WaterRIghts; Applicant shall own water rights at the point ofdivers ion herain lawfully entitling Applic ant todivert
water, which will be supplentented 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. Qtterttitvj 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 whey 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 sak
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 soarres. Any quantity allotted will only be provided so long as water is available and the Applicant fully
complies with allot the terms and conditions of this Contract. The District and the Applicant recognize that some ofthe 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 tho District in writing, and the amount of Water allotted under this Contract shaft be
reduced permanently in accordance with such notice. Rates shalt be adjusted accordingly in following water years only.
3. Benetioial Use and Location of Beneficial Usa; Any and all water allotted Applicant by the District shall be used
for the following beneficial use or uses: industri al, munici pal, domestic and relaleduses, orcommercial (except for commercial use from Alsbury
Reservoir and except to the extent that Rue& Reservoir water may not be available for commercial as that term is defined an 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, teased, operated, or under Applicant's control.
4. Mertes and Delivery: Exchange releases made by theDistrict out ofstnrage 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 ob:delivery of
water at such outlet or points shall constit ate performance oldie District's total obligation. Delivery of water by the District from Ruedi Reserve'
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or Green Mountain Reservoir shall be subject to the District's lease vontracts with the United States Bureau of Reclamation. Releases from other
facilities available to District shall be subject to the contracts, Taws, rules, and regulations governing releases therefrom. Furthermore, the District
hereby expressly reserves the right to stone 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 Applicatt to any refund of payment niade 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 oftheDistrict's applicable water eight; and neither the District, nor those entitled to utllizetite District's decrees, may call on any greater
amount at new or alternate points ofdiversion. 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 iron this amount in each case.
Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Distxicts is
provider] pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conserve/icy
District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Ogee. 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 Recorders Office.
S. 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 diem 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 arnount of water allotted under this Contract.
t
In the eventthe Applicant intends to apply for an alternate po int of dive rsion 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 Appl }rent hereunder, the
Applicant shall give the District written notice of such intent. in the event the Applicant develops and adjudicates its own 0ugmentation 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
andof all pleadings and other papers filed with the water court is 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
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• will advise The Applicant, among other things, of the water delivery year to which the initial payment 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. If an 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 sentcertifiedmail, 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 :It pplWit/ ion,
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 tltture 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 oldie Board of Directors of the District.
Upon cancellation ofthis water allotment Contract with the District, the District shall notify the Division of WaterResopgrces
offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation daft water use.
7. Additional Fees and Costs; Applicant agrees to defray anyexpenses inerrrred by the District in connection with the
allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering co sts incurred in connection with any
water rights and adjudication necessary to allow Applicant's use of such allotted water rights.
8. Assiapment: 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 Coronet shall be subject to, ar
must comply with, such requirements as the District may hereudter 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 comply and
filing of proper forms for assignment and change of ownership.
In the event the wa*erallotted puns uantto this Contract is to be used for the benefstof land which is now or will subsequently
be subdivided or held in separate ownership,the Applicant may only assign the Applicant's rights bereunder to: 1)No more than three separate
owners all of whom shall be party -tea well sharing agreement satisfactory to the District; or 2) A homeowners association, welts district, ureter
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 thai 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.
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10. r
Qpeafson and Maptenance Agreemt; en Applicant shall enter into an "Operation end 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 far extension ofDistrict 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 of the water allotted hereunder. Any use other than that set forth herein or any lease or sale ofthe water or water rights allotted hereunder
without the prior written approval of the District shall be deemed to be a material breach of this Contract.
12. Ilse and Place of Usa: Applicant agrees to use the wetter in the manner and on the property described in the
documents submftted 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 11 above,
shall *deemed to be a material breach of this agreement.
1,
13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitrble or legal
fee title interest in or to any water or water rights referred to herein.
14. Conservation: Applieant 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 (on
the formula of one.acre£ Cwtperdwelling )forordinary householdpurposes inside one single fami dwelling, the watering ofdeenestie 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 Wa per Resotuaes.
Watering of livestock shall be rcstrieted 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/livesbock watering, provided that in no event
shall actual diversions 'exceed the renown 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 roust provide to District a copy of
Applicant's valid well permit before District is obligated to deliver any water hereunder.
17. Measurinr Device oFMeeer. Applicant agrees to provide, at its own expense, a measuring device deemed aceeptable
by the District's Engineer after consultation, or a totalizing flow ureter 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
from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result
in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract,
Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours
or the purposes of determining Applicant's actual use of water.
IX, Rme, tmilimel By executing this Contract, Applicant agrees that it ii not relying on oily legal or engineering
advice that Applicant May believe has been received from the District.. Applicant further Wormier/On thatithasobtaindallnecessarylegal
and engineering advice from Applicant's own sources other than the District. Applicant frxthe•'acknowledgcs that the District retakes no
guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District
be unable to provide the water contracted for herein, no damages maybe assessed against the District, nor may Applicant obtain a refund $om
the District.
19. is of W r Court tiltgavelAtor_itigie. Should the District, in its own discretiop, choose to include
Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby awes to y
to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the
proceedings. Applicant shall be assessed a pm-rata share ofthe total cost incurred by the District in preparing, filing and pursuing to decree the
water court cage. The pm -rata share shall be calculated by dividing such total oust by the number of contractees included in the filing. To the
extent that the District is caused additional costs because of objection filed specifically due tattle inclusion of Applicant's Contract in the tiling,
such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all eontraciees.
20. Binding Asueement This agreement shall not be complete nor binding upon the District unless attached heae*o is
the form eutitled "Application to Lease Water From West Divide Water Couservancy District" hilly completed by Applicant and approved b;:
the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreerent All correspondence
from theDistrictto Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and
conditions ofthisagreement ,
21. Nyarninq IT IS THE SOLERESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT
OR OMER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDE,R THIS CONTRACT.
IT IS THE CONTINUING DUTY OF THE APPLICANT TO MANTAINIHE VALIDITY OF THE WELL PERMIT OR WATER RIGHT
INCLUDING FILING FOR EXTENSIONS OF PERMITS, SER II FILING WELL COMPLETION REPORTS, FILING STARTS OF
BENEFICIAL USE, ORO '.THBRWISE LAWFULLY. APPLYING THE WATER TOBENEFICIAL USE ON A REGULAR BASIS WITHOUT
WASTE.
22. AREA B. CONTRACTS: IF APPLICANTS WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF
THIS CON"T"RACT 1S LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN 1115 PARAGRAPH APPLIES:
THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICAN 's
WATER RIGHT FROM A CALL ON TFIE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROMA CALL FROM ANY
OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THUS IS A CONCERN TO
APPLICANT, THIS CONTRACT MAY BF, RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY Tug
APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH
EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT;
5
1
plicant
STATE O1C ah
COUNTY OFtlaMICt
20 tic" , by
)ss.
ifg instrUm
AI OA I/1 , •
and .
edged before ate on this ilk day of Dietti
Mess my
STATE OF )
COUNTY OF
The foregoing instillment was acknowledged before me on this day of
20 , by
Notary Public
Witness my hand and official seal. My commission expires:
Notary Public
ORDER
After a bearing 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.
WEST DIVIDE WATER CONSERVANCY DISTRI
dent
/07 —/S
Date
This Contract includes and is subject to the terms and conditions ditto 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
Current January 2004
ammo
SEP 0 6 2006
Contract 406010 LIKS #2(a)
Map #535
Date Activated 1/1/06
wAr
K gaaouaat<s
WEST DIVINU'CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
Name ofApplican ‘a1124440
Quantity of Water in Acre Feet
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 ofC.RS. 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 Rigby'', Applicant shall own water rights at the point of dive rsi on 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 mast 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 adtninistration 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 : ,y
be dependent on the consent of the Colorado River Water Conservation District. if at any time the Applicant determines it requires Tess water
than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be
reduced permanently In accordance with such notice. Rates shall be adjusted acconlingly in following water years only.
3. Bcnetjpial i}s pnd Location of Beneficial Use: Any and all 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 thatRuedi Reservoir water may not be available for commercial as that tern is defined on Page 5 of Contract
No. 2- t)!- 70- W0547betwecrtltc United S fates and the West Divide WaterConservancyDistrict). Applicant's beneficial use of any andaliwater
allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control.
4. Decerees and Del ive { y: Exchange releases made by the District out of storage front 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 at
water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Resery it
1.
1
1. GreenMountainReservoirshallbesubjecttotheDistrict' sleasecontractswiththetinitedStatesBureauofRec lamation. Releases from other
facilities available to District shall he subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District
hereby expressly reserves the right to store water and to snake 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 aperient 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, aid 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 ease.
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 Recorder's 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 Diversionand Plan of Augmentation: Decrees for alternate points of diversion of the District's
water rights oe 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 there to Applicant's
intended beneficial use. Irrespective of the amountof 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 art alternate point ofdiversion 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 ofDirectors of the District, The initial
annual payment shall be made in full, within thirty (30) days a$er the date of notice to the Applicant that the initial payment is due. Said notice
2
plicant
STATE OF 46 _ _ )
) ss.
rcgoing instrumer
COUNTY OP
20 ,by
1
RECEIVED Applicant
SEP05?NS
"" ES ETsTAT % E'
Cosa.
•
as ackn
edged before me on this ILA` day of l gni be
STATE OF _ )
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COUNTY OF
The foregoing lnstrument was acknowledged before
20 , by -
Witness my hand and official seal My commission expires:
Notary Public
me
on this day of
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.
WEST DIVIDE WATER CONSERVANCY DISTRICT
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