HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
May 10, 1993
Phillip and Sally Miller
0500 County Raod 102
Carbondale, CO 81623
RE: Special Use Permit - Guest House
Dear Mr. and Mrs. Miller:
Your request for a Special Use Permit for a guest house, identified on the enclosed public notice
form, has been scheduled for a public hearing before the Board of County Commissioners on
Tuesday, June 15th, 1993 at 10:00 a.m., in the Commissioner's Meeting Room, Suite 301,
Garfield County Courthouse, 1098th Street, Glenwood Springs, Colorado. Itis suggested that
you be present at the hearing.
A copy of the enclosed public notice should be submitted to a newspaper of general ciculation,
for publication one time at least 15 days prior to the hearing. Since the Valley Journal is a
weekly, you should contact the paper as soon as possible to ensure compliance with the 15 day
requirement. You will also need to contact the newspaper directly regarding obtaining the
proof of publication and billing. In addition,copies of the public notice form must be mailed
by certified return -receipt to all adjacent property owners no less than 5 days prior to the
hearing. The proof of publication from the newspaper of general circulation and return -receipt
from the mailings must be submitted by the applicant at, or prior to, the public hearing.
Please contact this office if you have further questions regarding your application of the public
hearing.
David H. Michaelson
Planner
DHM/sa
1098TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601
PUBLIC NOTICE
TAKE NOTICE that Phillip L. and Sally A. Miller have applied to the Board of County
Commissioners, Garfield County, State of Colorado, to grant a Special Use Permit in
connection with the following described property situated in the County of Garfield, State of
Colorado; to -wit:
Legal Description: See Attached
Practical Description: Located at 0500 County Road 102, approximately two (2) miles north
of State Highway 82.
Said Special Use Permit is to allow the Petitioner to construct a Guest House in the A/R/RD
zone district on the above described property.
All persons affected by the proposed Special Use Permit are invited to appear and state their
views, protests or objections. If you cannot appear personally at such hearing, then you are
urged to state your views by letter, particularly if you have objections to such Special Use
Permit request, as the Board of County Commissioners will give consideration to the continents
of surrounding property owners and others affected in deciding whether to grant or deny the
request for the Special Use Permit. This Special Use Permit application may be reviewed at the
office of the Planning Department located at 109 8th Street, Suite 303, Garfield County
Courthouse, Glenwood Springs, Colorado, between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday.
That public hearing on the application for the above Special Use Permit has been set for the
Tuesday the 15th day of June, 1993, at the hour of 10:00 a.m., at the office of the Board of
County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood
Springs, Colorado.
Planning Department
Garfield County
APPLICATION
USE PERMIT
Applicant:
lv
0
Address of Applicant:
Legal Description:
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EXHIBIT «An 6B?K v6k ]E1 U
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Legal Description
A parcel of land situated in S'/:NE'1/NE'% of Section 25, Township 7 South, Range 88
West of the 6th Principal Meridian, Garfield County, Colorado, and being more
particularly described as follows:
Beginning at a point on the Easterly boundary line of said S'/=NE'bNE'!% whence a
hrass rap fnnnd in pure and properly marked fnr the Northeast Corner of said
Section 25 bears N 01°47'00" E.780:27 feet; thence S 01°47'00" W 570.295 feet
to the Southeast Corner of said S'hNE''NE'/1; thence N 88°51'59" W 1304.31 feet
along the Southerly boundary line of said S''NE'/<NE to the Southwest Corner of
said S''/2NEY1NE;4; thence N 02°03'18" E 677.93 feet along the Westerly boundary
line of said S:NE'%NE'b to the Northwest Corner of said S'/:NE'YNE'/r, thence S 88°
45'07" E 171.80 feet along the Northerly boundary line of said S''hNEY<NE'/i; thence
S 02°03'18" W 107.25 feet; thence S 88°51'59" E 1129.80 feet to the point of
beginning, containing 17.48 acres more or less.
'PsGEil1
Lines in Space
'P.O. Box 121
Carbondale, Co. 81623
4 November 1988
NM( 761 PAGE 99
STATE OF COLORADO
COUNTY OF GARFIELD
1/3
The foregoing instrument was acknowledged before me this �g day of /T�^�"""'
1989, by Roger E. Brown, Sr. for himself and attorney-in-fact for (((Jff
Roger Brown, Jr., Thomas Brown, Mary Ann Brown and Robert Brown.
Ply commission expires Witness my hand and offica
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liota 2.4,.1993
CARF! L.D COUNTY
May 22, 1993
P. 0. Box 115
Edwards, CO 81632
Garfield County Planning Department
Garfield County Courthouse
Glenwood Springs, CO 81601
Dear sir:
This letter is written in support of the application of Phil and Sally
Miller for a Special Use Permit to add a small guest/caretaker quarters
to the barn which they are building.
We are adjacent landowners and we totally support this application.
While we will not be present for the public hearing on June 15, we ask
that this letter be entered into the record.
cc: Phil and Sally Miller
Cordially,
W. David Z' merman
.Zimmerman
Sally
N
1
0
36'-o ''
KEVIN L. PATRICK, P.C.
ATTORNEYS AT LAW
A PROFESSIONAL CORPORATION
KEVIN L. PATRICK
BRIAN L. STOWELL
May 6, 1993
Mr. Phil Miller
Prudential Mason & Morse
514 E. Hyman Ave.
Aspen, CO 81611
Re: Missouri Heights Property (17± acres)
Dear Phil:
205 SOUTH MILL
SUITE 300
ASPEN, COLORADO 81611
(303) 920-1028
TELECOPIER (303) 925-6847
HAND DELIVERY
This letter will describe the water supply associated with the
17± acre parcel that you own on Missouri Heights. The property's
water supply originated with the decreeing of the O'Leary Well No.
1 for 15 gpm in Case No. 81CW137, Water Division No. 5. That water
right was decreed as the only well located on a 40± acre parcel to
be utilized for domestic and irrigation use (irrigation of up to 1
acre of lawn and garden). This was decreed as a conditional water
right and diligence has been maintained on the water right through
successive proceedings. The next diligence proceeding where an
Application to Make Absolute the subject water right is due to be
filed is in December of 1993. However, recent legislation extended
the period for the finding of reasonable diligence from a four year
period to a six year period. Therefore, an extension may be
secured in December to extend the filing deadline to December of
1995.
A permit was originally obtained for this well, again, as the
only well located on the 40± acre tract with an expiration date of
April 19, 1978 in Permit No. 83357. Subsequently, the property was
divided into two lots with you taking title to the 17± acre parcel.
Whi].e there is a good argument that can be made that you would be
entitled to a well permit under the decreed water right for
domestic and irrigation purposes, in my opinion, you would not be
able to secure a well permit for the well exempt from administra-
tion since the property is no longer 35 acres in size as required
under C.R.S., 37-92-602(1). Accordingly, a household -use -only
permit can be obtained for the property. This will allow the
provision of water for in-house use in one single family residence
and associated livestock. No on-site irrigation would be permitted
under a household -use well permit and arguably the State could take
the position that a caretaker unit could not be serviced by the
well.
To avoid this scenario and provide a firm legal water supply
for your property, we will be providing an Application for Water
Allotment Contract to the Basalt Water Conservancy District. Your
KEVIN L. PATRICK, P. C.
Mr. Phil Miller
May 6, 1993
Page 2
property is located within the "Area A" zone of the Basalt Water
Conservancy District's Substitute Exchange Plan approved by the
State Engineer's Office. As such, wells located within "Area A"
may receive well permits for uses which otherwise would require
further Water Court proceedings. The Application which we are
submitting on your behalf we be for the irrigation of 1.0 acre of
pasture and lawn, livestock water use for up to § head of livestock
(horses) and in-house uses within a single-family residence
estimated at 3.5 persons at 80 gpcd and a caretaker residence
estimated at 2.5 persons at 80 gpcd. While we estimate that the
total water requirement for these uses on a delivery basis is
approximately 3.0± acre feet annually, the Basalt Water Conservancy
District performs their own analysis and accords water under
Allotment Contracts according to the findings of their engineers,
Resource Engineering. Accordingly, the amount of water may be
adjusted in accordance with the Basalt Water Conservancy District's
engineering computations.
Once the Basalt Water Conservancy District Allotment Contract
is granted and a well permit is issued pursuant to the Allotment
Contract, it will be our opinion that a legal water supply exists
for the uses outlined above.
Should you have any questions, please do not hesitate to
contact me.
KLP: cm 02o1ALCC.02
Very truly yours,
KEVIN L. PATRICK, P.C.
A Professional Cor.. . 'on
By:
Kevin L Patrick
M ASON&
j'JORSE REALe,r...
AUG 2 7 1993 �+
GARP EL D COUN1?
AA
514 EAST HYMAN AVENUE • ASPEN, COLORADO 81611 • (303) 925-7000 • FAX (303) 925-7027
August 26, 1993
Mr. David Michaelson
Planning Department
Garfield County
109 8th Street
Glenwood Springs, CO 81601
Dear David:
Pursuant to our phone conversation on August 26th, enclosed is the well
information, along with the Basalt Conservancy Contract, that I believe will
verify that we are already properly permitted for water use in the apartment in
our barn.
If you have any questions about this matter please don't hesitate to call me.
Otherwise, I will look forward to our Certificate Of Occupancy being issued as
soon as your inspections have been satisfactorily completed.
David, thanks for all your help through this process.
Sincerely,
orse Real Estate
clip L. " iller
Broker Associate
PLM/jh
KEVIN L. PATRICK
BRIAN L.STOWELL
KEVIN L. PATRICK, P.C.
ATTORNEYS AT LAW
A PROFESSIONAL CORPORATION
August 23, 1993
Mr. Jeff Deatherage
Colorado Division of Water Resources
818 Centennial Bldg.
1313 Sherman Street
Denver, CO 80203
205 SOUTH MILL
SUITE 300
ASPEN, COLORADO 81611
1303) 920-1028
TELECOPIER (303) 925-6847
VIA FEDERAL EXPRESS
Re: Receipt No.357344; Well Permit Application of
Phil and Sally Miller
Dear Mr. Deatherage:
I am writing on behalf of my client, Mr. Phil Miller, for whom
we submitted a Well Permit Application (referenced above) on July
2, 1993. In speaking with the Groundwater Information department
this morning, we were informed that due to the tremendous backlog
you are experiencing in processing permit applications, Mr.
Miller's Well Permit may not be issued until mid-September.
Mr. Miller's situation is such that if he does not receive his
Well Permit by September 1, he will be unable to take possession of
his new home as he will be without a legal water supply. We are
hoping that you will be able to make allowance for his special
circumstance and expedite the approval of his Well Permit which was
filed on July 2, 1993. Any assistance that you can provide in this
regard would be greatly appreciated.
Should you have any questions, please do not hesitate to
contact me.
Very truly yours,
KEVIN L. PATRICK, P.C.
A Professional Cor
Bv:
CLA: cla 0201BLgc.01
cc: Mr. Phil Miller
Kevin L. P. ri
Vr'11J 5.74
Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
C :1ADO DIVISION OF WATER RESO ;_S
101 Ci ;bine Bldg., 1845 Sherman St., Denver, Colora _..,30203
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
1 1 REPLACEMENT FOR NO.
( ) OTHER
RECEIVED
APR071S
klER RLSOURGES
S1ptE ENGINEER
COLO.
(1) APPLICANT - mailing address
.NAME f\l\ \C\a=Ya i C ' )_ i v\C<L�
STREET>C'e)< 11:“1
CITY
CITY 1\C'icL. OC O CCi'r'1
(State) (Zip)
TELEPHONE NO
(2) LOCATION OF PROPOSED WELL
County V UCC j='tt \ 0
11 r '/. of the Y [ . '/. Section
r
Twp. �? , Rng. •�
P.M
(3) WATER USE AND WELL DATA
\
Proposed maximum pumping rate (gpm)
�a
Average annual amount of ground water.
to be appropriated (acre-feet)'
Number of acres to be irrigated: \ C2 c "cc. 1.:
Proposed total depth (feet):
Aquifer ground water is to be obtained from:
Owner's well designation JV\ 1 `-i-.E
GROUND WATER TO BE USED FOR:
( ) HOUSEHOLD USE ONLY
(71,DOMESTIC (1)
( 1 LIVESTOCK (2)
( ) COMMERCIAL (4)
( 1 OTHER (9)
• no irrigation (0)
( ) INDUSTRIAL (5)
( ) IRRIGATION (6)
( ) MUNICIPAL (8)
(4) DRILLER
Name _.�.\`IA-1_Y.\C�_
Street .n 'G c• �
City __ x''.1'1 ma k\ \ V \..-----(`" \, CS'
(slat:) vip)
tt
Telephone No. 1u 1_.._4 - •... Lit. No... cr
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No ( r / 9 'T /
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.
APPROVED FOR DOMESTIC USE, INCLUDING THE
IRRIGATION OF NOT OVER ONE ACRE OF ROME
GARDENS AND LAWNS.
TO ASSURE THAT THE RETURN FLOW IS TO BE
RETURNED TO. THE SAME STREAM SYSTEM, AN
INDIVIDUAL•WASTE•WATER DISPOSAL SYSTEM,
WHEN USED, MUST. BE OF. THE NON -EVAPORATIVE
TYPE. •
APPROVED PURSUANT TO CRS 1973, 37-92-602
(3)(10(II) AS THN, ONLY WELL ON A TRACT
OF 35 ACRES OR 1dORE� .DESIGNATED AS '}O
ACRES IN NC Yq r'41a Yy. Sec. 25;
7. 7 Sy R. ds w� l6 "t/yl.
APPLICATION APPROVED
PERMIT NUMBER 8335'7
DATE ISSUED
APR 19 1976
EXPIRATIOI T)4TE_PPR.
I 1)
C.Q.
•
9
87:
0•
Li.44
DEp(J'TySTATI: CNGlNEE11)
--
C01 IN I Y
(5) THE LOCATION OF THE hr1OPOSED WELL and the area on
which the water will be used must be indicated on the diag:.ml below.
Use, the CENTER SECTION (1 section, 640 acres) for the well location.
+ — -1 . — -I-
114 --- 1 MILE, 5200 FEET
NORTH SECTION LINE
NORTH w
z
1
.I •
-1-
-
(
SOUTH SECTION LINE
1
+
1- 41' -I- -I- 4 +
I I I 1
- --I- — +— -f----I- --I- =+ - +
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
(6) The WELL MUST BE LOCATED BELOW
by dislanacs hum suction lines.
•c<`O It from TVS\C'lh sec line
(north or south)
• 0 Q) 11 from r "(1W-t-
(oan or wan)
LOT BLOCK FILING *
SUBDIVISION
sec lit
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner n -v ct tstl y l 1c;1�y
No. of acres 90 Will this be
the only well on this tract?
V\F`>
(8) PROPOSED CASING PROGRAM
Plain Casing
/16
in from 'ft to 6 ft
' in from
Perforated casing
c `%'.' its__ in from
in from
ft to ft
\
I;(:) ft to eaCCItt.
ft to ft
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second (cls) ...449 gallons per minute Igprn)
A family of 5 will require approximately 1 acreloot 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.
(9) FOR REPLACEMENT WELLSgivedistance
and direction from old well and plans for plugging
it:
• t
(10) LAND ON WHICH GROUND WATER WILL BE USED:
s )''1
Owner(s): V\r1.NGLs Syt) No. of acres
1C� )
Legal description: '1WIC\re: )yM `Y\L' I1 pec ;,?C, I. } -' , r r 4E t' 1/.; to ti 1? n'1
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system
to be used.
T.Fr e C-1V\F \Ll)` < Ul -'n snI'A14\\ Q- \ov'(Ye. V\
? -v \C T ;'\ Yl 1. Cl'•. Y J 1.7 t c k
(12) OTHER WATER RIGHTS used on this land, including wells.
Type or right • Used for (purpose)
11C '1\ 2_
Descriptionof land on which used
(13)THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRUE TO THE BEST OF HIS KNOWLEDGE.
f ur F1FrA.'n Gc, O.cIrt•;nc jt-12ut1 � It Vcc-V�
SIGNATURE OF APPLICANT(S)
•
Use additional sheets of paper if more space is required.
WpJ 2t, 2
tHtS FbRM Ml1STHE. SUBMITTED'
WITHIN 60•DAYSDF COMPLETION
OF THE WORK DESCnItle P-HEn E,
TYPE 0n ILHINT IN Bt;ACI<
aw
WELL OWNER . Lc I4.,;,4 :.-(;
ADDRESS I`4:W r`t:.1kM
COLORADO DIVISION OF WATER RESO::rdCES
300 Columbine Bldg., 1845 Sherman St.
Deriver, Colorado 80203. ''
WELL COMPLETION AND PUMP INSTALLATION REPORT
CERMIT NUMBER :. ...
DATE COMPLETED;;...,
WELL LOG
l�.
...... SS of the �..a..,
0123'11
WME'1 AESOU
Rra
ST�t6 1.•
l'Otp'
G of Sec.
P.M.
19 Tei_. HOLE DIAMETER
„71..ti' . in. (rein
From
To
Type and Color of Material ”
....::aUfAL. DEPTH _ .•`__._...
Use add.iiitrnai pages necessa!y to complete log.
Water
Loc:.._
.. to
in. h om
in: Iron
DRILLING METHOD
CASING RECORD:
Size ..'i,,... & kind
, to.
(t.
Plain Casing
..•,,, _ from ..._i
to ..Z t..._.ft
Size ........". & kind. t
$ize & kind . from
Perforated Casing:, ;:.
kind from .
tp..,�:1 i
Size ,_... ... & kind from.: t -o , 1
$ize ... & kind . ......... from.,.. to, f
GROUTING RECORD
Material ..
Intervals
Placement Method :.
GRAVEL PACK: Size
Interval
"''TEST DATA .
Date Tested
Static:Water Level Prior to Test .... :c
—Type of .Test Pump
-Length of Test
.Sustained: Yield::Metered): is
Final Pumping Water Level::
19 ::
rWwlr Ilua I ALLA I ION HLNUH l
Pump Make '.'
Type
Powered by
Pump Serial No.
Motor Serial No. ....
Date Installed ..._
Pump Intake Depth
Remarks .._—
:a
WATER
TABLE
•
WELL TEST DATA WITH PERMANENT PUMP
Date Tested __
Static Water Level Prior to Test .
Length of Test ........_....__ ............................ ...
Sustained yield (Metered/__._...
Pumping Water Level
Remarks
CONTRACTORS STATEMENT
The undersigned, being duly sworn upon oath, deposes and says that
pump installation described hereon; that he has. read the statement
thereof, and that the same is true of his`own knowledge. i
Signature t __ _.: :—.1'.51:;;;t4.. �.
f l:
> CONE .OF
DEPRESSION
State of Colorado, County of
Subscribed and sworn to before me this ,Lt. day of _
My Commission ex fres: 19
Notary Publi
he, is the contractor of the well or
made hereon knows the content
1p tf i ;i(
License No.-s'S: 7.
FORM TO OE MADE OUT IN QUADRUPLICATE: WHITE FORM must be an original copy on both sides and signed.
WHITE AND GREEN copies must be riled with the State Engineer. PINK COPY is for the Owner and YELLOW COPY is for the Driller.
BASALT WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
Pursuant to C.R.S. 1973,37-45-131
Phil Miller and Sally Miller (hereinafter collectively "Applicant") has applied to the
Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State
of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973,
37-45-101, et seq., for an allotment Contract for beneficial use of water rights owned, leased,
or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the
following terms and conditions:
1. QUANTITY: In consideration of the covenants and conditions herein contained,
Applicant shall be entitled to receive and apply to beneficial use 0.033 cubic foot of water per.
second from the District's direct flow rights and 3.62 acre feet per year of storage water owned
or controlled by the District.
2. ,SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this
Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal,
Stockman's Ditch Extension, or other decrees or water rights hereafter acquired by the District,
including the District's contractual right to receive storage water from Ruedi Reservoir. The
District shall have the right to designate the water right or Decree of the District from which the
Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water
rights shall be subject to any and all terms and conditions imposed by the Water Court on the
use of the District's said rights. Exchange releases made from the District's storage rights in
Ruedi Reservoir or other works and facilities of the District shall be delivered to the Applicant
at the outlet works of said storage facility and release of water at such outlet works shall
constitute full performance of the District's delivery obligation. Delivery of water from the
District's storage rights in Ruedi Reservoir shall be subject to the District's lease Contract with
the United States Bureau of Reclamation and any rules and regulations promulgated pursuant
thereto.
3. PURPOSE AND LOCATION OF USE: Applicant will use the waters herein
granted for beneficial purposes limited to the augmentation of existing and future wells and other
water sources, within or through facilities or upon lands owned, operated, or served by
Applicant, which lands are described on Exhibit "A" attached hereto; provided that the location
and purpose of Applicant's use of said water shall be legally recognized and permitted by the
applicable governmental authority having jurisdiction over the property served. Applicant's
contemplated usage for the water allotted hereunder is for the following use or uses:
X Domestic/Municipal _ Industrial/Commercial _ Agricultural
Other
Applicant acknowledges that usage of the District's water rights as herein contemplated
shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right
to use certain waters. It is acknowledged that certain locations within the District may not be
susceptible to service solely by the District's water rights allotted hereunder or the District's said
water rights may not satisfy Applicant's needs and purposes.. To the extent that service cannot
be achieved by use of the District's allotted water rights, or in the event said service is
inadequate, Applicant may, utilize such other water rights, by way of supplementing the
District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable
for Applicant's intended purpose or purposes. All lands, facilities and areas served by water
rights allotted hereunder shall be situated within the boundaries of the District. The District
reserves the exclusive right to review and approve any conditions which may be attached to
judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant
agrees to defray any out-of-pocket expenses incurred by the District in connection with the allot-
ment of water rights hereunder, including, but not limited to, reimbursement of legal and
engineering costs incurred in connection with any water rights adjudication necessary to allow
Applicant's use of such allotted water rights; provided, however, inthe event any such
adjudication involves more of the District's water rights than are allotted pursuant to this
Contract, Applicant shall bear only a pro-rata portion of such expenses. Applicant shall be
solely responsible for providing works and facilities, if any, necessary to utilize the District's
water rights allotted hereunder for Applicant's beneficial use.
.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 State Engineer
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. The District, or anyone using the
District's decrees, may call on any additional sources of supply that may be available at an
alternate point of diversion, but not at the original point of diversion, only as against water
rights which are junior to the date of application for the alternate point of diversion.
In the event the Applicant intends 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 an augmentation plan to utilize the
water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or
engineering expense of the District incurred by the District for the purpose of developing and
adjudicating a plan of augmentation for the District. In any event, the District shall have the
right to approve 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. ,
4. PAYMENT: Applicant shall pay annually for the water service described herein
at a price to be fixed annually by the Board of Directors of the District for such service.
Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a
notice from the District that the payment is due. Said notice will advise the Applicant, among
other things, of the water delivery year to which the payment shall apply and the price which
is applicable to that year. If a payment is not made by the due date, written notice thereof will
be sent by the District to the Applicant at Applicant's address set forth below. If payment is not
made within thirty (30) days after said written notice, the District may, at its option, elect to
terminate all of the Applicant's right, title, or interest under this Contract, in which event the
water right allotted hereunder may be transferred, leased or otherwise disposed of by the District
at the discretion of its Board of Directors.
In the event water deliveries hereunder are made by or pursuant to agreement with some
other person, corporation, quasi -municipal entity, or governmental entity, and in the event the
Applicant fails to make payments as required hereunder, the District may, at its sole option and
request, authorize said person or entity to curtail the Applicant's water service pursuant to this
Contract, and in such event neither the District nor such persons or entity shall be liable for such
curtailment.
5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this
Contract is valid and in force, Applicant will budget and appropriate from such sources of
revenues as may be legally available to the Applicant the funds necessary to make the annual
payments in advance of water delivery pursuant to this Contract. The Applicant will hold
harmless the District and any person or entity involved in the delivery of water pursuant to this
Contract, for discontinuance in service due to the failure of Applicant to maintain the payments
herein required on a current basis.
6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be
beneficially used for the purposes and in the manner specified herein and this Contract is for the
exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or
lessee of said Applicant without the prior written approval of the Board of Directors of the
District.
In the event the water right allotted hereunder is to be used for the benefit of land which
is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest
by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the
Applicant's rights hereunder only to a homeowners association, water district, water and
sanitation district or other special district properly organized and existing under and by virtue
of the laws of the State of Colorado and then only if such associatidn or special district
establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and
authority to assure its performance of 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 through a
homeowners association or special district as above provided. Any assignment of the
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, provided that such requirements
shall uniformly apply to all allottees receiving District service. The restrictions on assignment
as herein contained shall not preclude the District from holding the Applicant, or any successor
to the Applicant, responsible for the performance of all or any part of the Applicant's covenants
and agreements herein contained.
-3-
7. OTHER RULES: Applicant's rights under this Contract shall be subject to the
Water Service Plan as adopted by the District and amended from time to time; provided that
such Water Service Plan shall apply uniformly throughout the District among water users
receiving the same service from the District. Applicant shall also be bound by the provisions
of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board
of Directors of the District, the plumbing advisory, water conservation, and staged curtailment
regulations, if any, applicable within the County in which the water allotted hereunder is to be
used, together with all amendments of and supplements to any of the foregoing.
8. CURTAILMENT OF USE: The water service provided hereunder is expressly
subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District
Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the
possible curtailment of out -of -house municipal and domestic water demands upon the occurrence
of certain events and upon the District giving notice of such curtailment, all as more fully set
forth in said Stipulation.
9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into
an "Operation and Maintenance Agreement" with the District if and when the Board of Directors
finds and determines that such an agreement is required by reason of additional or special
services requested by the Applicant and provided by the District or by reason of the delivery or
use of water by the Applicant for more than one of the classes of service which are defined in
the Rules and Regulations of the Board of Directors of said District. Said agreement may
contain, but not be limited to, provision for water delivery at times or by means not provided
within the terms of standard allotment contracts of the District and additional annual monetary
consideration for extension of District 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.
10. CHANGE OF USE: The District reserves the exclusive right to review and
approve or disapprove any proposed change in use of the water right 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 be deemed to be a material
breach of this Contract.
11. PRIOR RESOLUTION: The water service provided hereunder is expressly
subject to that certain Resolution passed by the Board of Directors of the District on September
25, 1979, and all amendments thereto, as the same exists upon the date of this application and
allotment Contract.
12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the
Applicant any equitable or legal fee title interest or ownership in or to any of the water or water
rights of the District, but that Applicant is entitled to the right to use the water right allotted
hereunder, subject to the limitations, obligations and conditions of this Contract.
13. CONSERVATION PRACTICES: Applicant shall implement and use commonly
accepted conservation practices with respect to the water and water rights allotted hereunder and
-4-
shall be bound by any conservation plan hereafter adopted by the District, as the same may be
amended from time to time.
STATE OF COLORADO
COUNTY OF ���i v`
SS.
APPLIC
(----Pfi11 Miller
Subscribed and sworn to before me this
by Phil and Sally Miller.
WITNESS my hand and official seal.
My commission expires:—Tavv_. Dal
Sally 1\91er fizybu
-5-
•�J
day of J It itic_
, 1993,
K
EXHIBIT "A" B0 K 753 ffaCE:11.1
CLega1 Description
A parcel of land situated in SYINEYdfEYY of Section 25, Township 7 South, Range 83
Hest of the 6th Principal Meridian, Garfield County, Colorado, and being more
.particularly described as follows: •
Beginning at a point on the Easterly boundary line of. said SY1NE;'HE;1 whence a
hracc ran friend in plan, and prnnrrly marked for the Northeast Corner of said
Section 25 bears N 01°47'00" E, 780.27 feet; thence S 01°47'00" H 570.295 feet
to the Southeast Corner of said SXHE'YIHEYI; thence If 88°51'59" W 1304.31 feet
along the Southerly boundary line of said S'hOMG to the Southwest Corner of
said S'YNEYd1E"i; thence 11 02°03'18" E 677.93 feet along the Westerly boundary
line of said SY:HEYdfE'h to the Northwest Corner• of said S'ANEY4IE'h; thence S 83°
45'07" E 171.80 feet along the Northerly boundary line of said SUMO; thence
5 02°03'18" N 107.25 feet; thence S 88°51'59" E 1129.80 feet to the point of
beginning, containing 17.48 acres more or less.
Lines. in Space
. 'P.O. Box 121
Carbondale, Co. 81623
4 November 1988
=p11II�fEgf%
SQA,,,.,,, 7Sp
1t 2 14111 rn.• Q
•