HomeMy WebLinkAbout1.0 ApplicationREcEth,
GARFIELD COUNTY
Building & Planning DePartment
t08 8* Street, Suite 401
Glenwood Springs, Colorado 81601
DEC 0 I 2006
GARFIELD COTJNTY
BUILDING & PI-ANNING
felephone: 970.945.821 2 Facsimile: 970.384 3474
www.qa rfi e ld-cggntv- com
Special Use Permit
GENERAL INFORMATION
CIo be completed by the applicant,)
)> street Address I General Location of Property; r/B/D Co:ntlr Road 209 '
De Beque, Colorado
) Legal Description:See Exhibit A attached to narrative descriplion.
ts Existing Use & size of Property in acres: Agriculture/40.196 acres
P Description of special use Requeslsol' Resort (Section 2:02.448)....a-Dd
Recreational Eu.p3*orr I',+cilifi-q: (Section 2.02,446) ."-.-.... .
) ZOne District:R/L Gentle slopes & lower valley f loor
> Nar,nelf Plppertv Owner lApplicanil: ?I clr?Ti .].*.I.9---19*g-e ' uc ' a !"ol-?.rado limi t
ty com
F Addressi4gol Vineland Road. ste. 650 Telephone:(607) 996-9999
P City: orlando State: FL Zip Code: 3.2q11.. , FM:(r0ll-*9-2!:P
F Nelne of .Owner's RepresenjFtive. if ,anv (Attqr0PJ. Pla[nef,,,9.tc):
Balcomb & Green, P.C.
! Addresst 818 coLorado Ave.Telephone: (970) 945-6546
> Doc, No.:
) Planner:
STAFF USE ONLY
Date Submitted: TC Date:
Hearing Date.
I. APP.I",I"QATION.SUFMITTAL REqU.!tsFMENrS
As a minimum, specifically respond f"1jffi|;S1lfl lfif:ffJg;nd attach any additional information to
1. Please submit, in narrative form, the nature and character of the Special Use requested.
Submit plans and supporting information (i.e. letters from responsible agencies). lnclude
specifications for the proposed use including, but not limited to, the hours of operation, the
number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and
the size and location of any existing and/or proposed structures that will be used in conjunction
with the proposed use, and provisions for electric power service and any other proposed utility
improvements. Be specific.
2. lf you will be using water or will be treating wastewater in conjunction with the proposed use,
please detail the amount of water that would be used and the type of wastewater treatment. lf
you will be utilizing well water, please attach a copy of the appropriate well permit and any
other legalwater supply information, including a water allotment contracl or an approved water
augmentation plan to demonstrate that you have legal and adequate water for the proposed
USE,
3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all
existing and proposed structures on the property, and the County or State roadways within one
(1) mile of your property. lf you are proposing a new or expanded access onto a County or
State roadway, submit a driveway or highway access permit^
4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S.
1:24,000 scale quadrangle map will suffice.
5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the
subject property and public and private landowners adjacent to your property (which should be
delineated). ln addition, submit a list of all property owners, public and private landowners and
their addresses adjacent to or within 200 ft. of the site. This information can be obtained from
the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of
the subject property. (That information can be found in your title policy under Exceptions to
Title),
6. Submit a copy of the deed and a legal description of the subject property.
7. lf you are acting as an agent for the property owner, you must attach an acknowledgement
from the property owner that you may act in his/her behalf.
8. $ubmit an statement that specifically responds to each of the following criterla from Section
5.03 of the Zoning Regulations:
(1) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall either
be in place or shall be constructed in conjunction with the proposed use.
(21 Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in place or
shallbe constructed in conjunction with the proposed use;
(3) Design of the proposed use is organi:ed to minimize impact on and from adjacent
uses of land through installation of screen fences or landscape materials on the periphery
1.
of the lot and by location of intensively utilized areas, access points, lighting and signs in
such a manner as to ptotect established neighborhood character;
g. Depending on the type of Special Use Permit requested, you may need to respond to
additional review standards in the Garfieid County Zoning Resolution Section 5.00
[Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 &
5.03.081, Accessory Dwetling Units [section 5.03.21J, Utility linelutility Substations, etc. Specific
sections of the Zoning Resolution which can be located on the Garfield County web site at
http://www.qarfi_e_1..*countv.com/buildino and .planninq/index.htm. or information can be
obtained from this office
10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the
fee with the application,
1 1. $ubmit 2 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the Special
Use Permit application has been deemed technically complete.
il. PFOCEDURAT" REOUIREMENITS
(The following steps outline how the Special Use Permit Application review process works in
Garfield County.)
Submit this completed application form, base fee, and all supplemental information to the
Garfield County Planning Department. It will be received and given to a Staff Planner who
will review the application for technical completeness.
Once the application is deemed technically complete, the Staff Planner will send you a
letter indicating the applicatlon is complete. ln addition, Staff will also send you a "Public
Notice Form(s)" indicating the tirne and date of your hearing before the Board of County
Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum
regarding your requested Speclal Use. (lf Staff determines you application to be deficient,
a letter will be sent to you indicating that addltional information is needed to deem your
application complete. )
It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the
requested Special Use and the public hearing. lf proper notice has not occurred, the
publie hearing will not occur. Notice requirernents are as follows:
a. Notice by publication, including the name of the applicant, description of the subject
lot, a description of the proposed special use and nature of the hearing, and the
date, time and place for the hearing shall be given once in a newspaper of general
circulation in that portion of the County in which the subject property is located at
least thirty (30) but not more than sixty (60) days prior to the date of such hearing,
and proof of publication shall be presenled at hearing by the applicant.
b. Notice by mail, containing information as described in the paragraph above, shall
be mailed to all owners of record as shown in the County Assesso/s Office of lots
within two hundred feet (200') of the subject lot and to ail owners of mineral interest
in the subject property at least thirty (30) but not rnore than sixty (60) days prior to
such hearing time by certified return receipt mail, and receipts shall be presented at
the hearing by the applicant.
3,
c. The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning Department.
The posting must take place at least thirty (30) but not more than sixty (60) days
prior to the hearing date and is the sole responsibility of the applicant to post the
notice, and ensure that it remains posted until and during the date of the hearing.
4. The Applicant is required to appear before the Board of County Commissioners at the time
and date of the public hearing at which time the Board will consider the request. ln addition,
the Applicant shall provide proof, at the hearing, that proper notice was provided.
5. Once the Board makes a decision regarding the Special Use request, Staff will provide the
Applicant with a signed resolution rnemorializing the action taken by the Board. Following
the Board's approval, this offrce will issue the Special Use Permit to the applicant. lf the
Board's approval includes specific conditions of approval to be met, this office will not issue
the Official Special Use Permit certificate until the applicant has satisfied all conditions of
approval. The Special Use Permit approval is not finalized until this office has issued the
Official Special Use Permit certificate signed by the Chairman of the Board of County
Commissioners.
I have read the statements above and have provided the required attached information
which is correct and to the best of my knowledge.
ignatu re of appl ica nt/owner)Last Revised: 02/2006
Richard C. Kessler, ltanager
EDWARD MULHALL, JR.
Scorr BaLcoMB
LAWRENCE R. GREEN
TrMorHY A. THULsoN
Davro C. HaLLFoRD
CHRrsropHER L. CoyLE
THoMAS J. HARTERT
CHRTSToPHER L. GEtcER
SARA M. DUNN
DANTEL C. WENNocLE
Scorr GRosscup
Elar,coMB & Gnrcrcx, P.C.
ATTORNEYS AT LAW
P.O. DRAWER 79()
AI8 COI]ORADO AVENUI)
GT,EN.WOOD SPRINGS, COI/ORADO a r 6()2
TDLEPrroN};: 97O.945.6546
FACsrMrr,t;3 97O.945.a9O9
www.balcombgreen.com
February 7,2007
KENNETH BALCoMB
1920-2005
OF CoUNSEL:
JoHN A. THULSoN
VIA Hand Delivery
Craig Richardson
Garfield County Building and Planning Department
108 8th Street, Ste. 401
Glenwood Springs CO 81601
RECEIVED
FEB 0 7 2007
GARFIELD COUNTY
BUILDING & PLANNING
Re: Special Use Permit for Orchard Lake Lodge, LLC
Dear David:
I enclose herewith 13 copies of the above-referenced document. Should you have
any questions or concerns regarding any of the above, please feel free to contact me at
your convenience.
Very truly yours,
BALCOMB & GREEN, P.C.
Enclosures
imothy A.
Parcel NumtlerAccount Number
R043 1 32
_ P,arcelDetail
Barscltrelad I yaltle Delad I sales Detail
Land Detail
Page 1 of 2
Residential/Cornmercial Improvement Detail
Photographs
O(D
Garfield County Assessor/Treasurer
Parcel Detail Information
As$ess_o-r/Ti-easurer Propert,v' Seiirch I A.sre,sset sub.sel-Qugry I As.:pssql gal$ SearEh
C-lerk & Recerder Reception Se,arch
B-a.*-Building Charcet-eJisu-cs I Tax l-rrisrmarjqn
Owner Name and Mailing Address
Legal Description
Location
CHARD LAKE LODGE LLC
901 VINELAND ROAD STE 650
RLANDO, FL 32811
SECT,TWN,RNG:3-6-99 DESC: SE 1/4
lcoNrnrNrNc 40.196 Ac PRE:R290026 I
leK,+tz pc'zz: er,:+: Pc'szg er'zos I
lpc'zgz BK:1530 PG:468 BK:0607t--
lpc,oqez BK: r 778 pG tz6 RECPT:693607
lerc: tzzg PG: 125 RECPT:693606 BK: 1259
PG: 863 RECPT:5S 2404 BKl 098 PG :0285
BK:0870 PG:0099 BK:0681 PG:0735
http : /iwww. galcoact.com/asse s soriParcel. asp ?AccountNumber=R0 43 I32 2t23t2007
I
APPLICATION SUBMITTAL REQUIREMENTS
(Orchard Lake Lodge, LLC)
Applicant, Orchard Lake Lodge,LLC, submits the following Special Use Application for
resort and recreational support facilities on that 40.196 acre parcel of real property owned by
Applicant and located approximately l5 miles north of the town of DeBeque, Colorado along
Garfield County Road 209 and Brush Creek (the "Lodge Property''). The general vicinity of the
Lodge Property is depicted within the USGS 7.5 minute quadrangle map (l':2000') attached hereto
as Exhibit A. Title to the Lodge Property is vested in the Applicant as is confirmed under the
commitment for title insurance (tbd) attached hereto as Exhibit B.
t. Please submit, in narrative form, the nature and character of the Special Use
requested. Submit plans and supporting idormation (i.e. lettersfrom responsible agencies). Include
specificationsfor the proposed use including, but not limited to, the hours of operations, the number
and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and
location of any existing and/or proposed structures that will be used in conjunction with the
proposed use, and provisions for electric power service and any other proposed utility
improvements. Be specific.
Approval of this Application will allow Applicant to conduct on a commercial basis within
the Lodge Property, guest ranch, fishing, hunting (big game, small game and wing shooting),
lodging, dining and commissary operations. The structures (both existing and proposed) to be used
instant to these proposed uses are as follows:
A. Existing ranch house and garage (the "Homestead") - comprised of a one multi-story
building (2levels) of approximately 6800 square feet, the Homestead contains 6 bedrooms,
6 full bathrooms, two Yz bathrooms and a 5 bay garage. For the purpose of calculating the
bed limitation set forth within Section 2.02.448, the Homestead shall contain no more than
I 0 beds.
B. Proposed lodge (the "Lodge") - comprised of a one multi-storybuilding (3 levels) of
approximately 13,000 square feet, the Lodge shall, upon completion of construction, contain
10 bedrooms, 10 full bathrooms, two Yz bathrooms, a laundry room and kitchen. For the
purpose of calculating the bed limitation set forth within Section 2.02.448, the Lodge shall
contain no more than 19 beds. Preliminary architectural drawings for the proposed Lodge
are attached hereto as Exhibit C.
C. Proposed spa and fitness center (the "Spa") - comprised of one multi-story building
(2 levels) of approximately 3,500 square feet, the Spa shall, upon completion of construction,
contain I full bathroom, one % bathroom, rooms for exercise, sauna, steam, bar, retail pro
shop and a grand room. The Spa shall contain no over-night or other lodging facilities.
Preliminary architectural drawings for the Spa are attached hereto as Exhibit D.
Application Submittal Requirements
(Orchard Lake Lodge)Page I
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D. Proposed Museum - comprise of one single story building of approximately 3,100
square feet, the Museum shall, upon completion of construction, contain a kitchen for
banquets, 2 full bathrooms, oneYrbathroom and a grand room. The museum shall contain
no over-night or other lodging facilities. Preliminary architectural drawings for the Museum
are attached hereto as Exhibit E.
E. Proposed Cabins (up to 6 in number) - each cabin shall be comprised of either a
single or two story structure varying in size from a minimum of 500 square feet to 2500
square feet. For the purpose of calculating the bed limitation set forth within Section
2.02.448, the cabins, in total, shall contain no more than l9 beds.
A site plan map of the Lodge Property (24x36),depicting the relative locations of the above
stated structures together with proposed utility lines and connectionsr , water system facilities, septic
tank/leach field and driveways location(s) is attached hereto as Exhibit F2.
Facility operations shall be conducted ona24hotxlT daybasis 365 days of the year, subject
to market demand, seasonality and weather. Applicant presently estimates the following business
cycle:
A. Big game hunting - September through December. Peak dates for hunting will
typically occur mid-September through early November.
B. Wing shooting - the season dates are anticipated to be September through March.
Peak demand is anticipated to occur from September through November, February and
March.
C. Fishing and recreational ranch activities - these activities will be available year-
round; peak demand is anticipated to occur during the summer and fall months.
Vehicle traffic to and from the site will be limited primarily to employee, guest and
service/deliveries; vehicle type is anticipated to be either light truck or SUV. Guest travel to the
Lodge Property is expected to be minimized, given that Applicant will offer group shuttle service
rElectrical service is provided to the property by Grand Valley Power. Phone service is
provided by Qwest. All buildings shall be heated by propane serviced by Amerigas.
'As is indicated on the site plan various components of the water system providing water
service to the Lodge Property and driveway access thereto lie and/or traverse portions of the
adjacent property owned by Colorado Nature Ranch, LP The easement rights necessary to allow
the operation, maintenance and repair of said portions of the water system together with access
rights to the Lodge Property shall be conveyed to Applicant pursuant to the form Easement Deed
attached hereto as Exhibit G.
Application Submittal Requirements
(Orchard Lake Lodge)Page 2
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to and from the Grand Junction airport. During time periods of construction of the above stated
structures and facilities, traffic will be greater and there will be the need for the travel of cement
truck, crane and other healry equipment.
2. If you will be using water or will be treating wastewater in coniunction with the
proposed use, please detail the amount of water that w'ould be used and the type or w'astewater
treatment. If you will be utilizing well water, please attach q copy of the appropriate well permit
and any other legal water supply information, including a water allotment contract or an approved
water augmentation plan to demonstrate that you have legal and adequate waterfor the proposed
use.
Water Supply and Use - Domestic water is presently supplied to the Property from an
existing domestic exempt well, Well Permit No. 261635. Application has been made to the Office
of the State for issuance of well permit replacing/changing said well from exempt to augmented. A
copy of this application is attached hereto as Exhibit H. Diversions from this well (CNR Lodge
Well) for the domestic, commercial and irrigation use proposed herein have been decreed and are
augmentedbythe Water Court's Findings of Fact, Ruling of Referee and Judgment & Decree issued
December 23,2005 in Case Number 01CW373, a copy of which is attached hereto as Exhibit I.
These water and water rights shall be conveyed to Applicant pursuant to the form Quitclaim Deed
and Assignment attached hereto as Exhibit J.
Applicant's consulting engineer, Colorado River Engineering, Inc. ("CRE") has estimated
daily in-house demands to be at approximately 5,000 gallons per day assuming 48 guests having a
demand of 100 gallons per day. The average demand from the CNR Lodge Well is 3.5 gallons per
minute. The well yield is greater than the l5-gpm pump currently installed in well and has sufficient
capacity to meet the project demands. Water quality tests taken in March of 2006 indicated no
bacteria present and 1.55 mgll of Nitrate (10.0 limit); these water quality test results are attached
hereto as Exhibit K. Subsequent detailed water quality tests taken in June of 2006 showed the
supply is typical of groundwater supplies with aesthetic factors such as dissolved solids, hardness,
& salts above recommended levels for secondary standards; these water quality test results are
attached hereto as Exhibit L. A chlorine disinfection system has been installed to address bacteria
encountered.
Elevated water tanks will supply gravity pressure to the facilities. A 4-inch diameter PVC
supply line has been constructed from the storage tanks to the Homestead. The water system is
designed to carry sufficient flows to supply domestic needs and fire sprinkler systems. A fire
suppression sprinkler system was installed in the guest house. The pipeline design includes a fire
hydrant at both lodges. The hydrants can provide outdoor supply of75 gpm each and could provide
over 60-minutes of supplemental supply.
Currently a treatment shed is constructed at the wellhead and has been designed to provide chlorine
disinfection. Chlorine residual will protect against pathogenic contamination. Should the occupancy
Application Submittal Requirements
(Orchard Lake Lodge)Page 3
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exceed 25 people for at least 60 days out of the year, the water system would be reclassified as a
"public" water system, subject to rules promulgated by the Colorado Department of Public Health
& Environment ("CDPH&E"). In the event that the Lodge Property site would become a public
water system, it would be classified as "transient" and "non-community". This classification
minimizes the testing, permitting, and monitoring aspects ofthe water system. A public water system
requires an engineered design submittal and additional water quality monitoring. CRE has been
given authorization to proceed with the design and permitting process and anticipates submission
thereof to the CDPH&E by mid-December of 2006.
Wastewater Treatment. Individual Sewage Disposal System (ISDS) will be utilized to treat
wastewater from the Lodge Property facilities. CDPH&E regulations require that each ISDS system
not exceed 2,000 gallons per day without obtaining a discharge permit. Multiple ISDS facilities
(three), each not to exceed 2000-gpd of capacity, are anticipated to be installed at the Lodge Property
site. Due to the proximity of the building facilities, wastewater disposal areas, Brush Creek, and
Orchard Lake, CRE has recommended that each system be engineered to insure that proper loading
is not exceeded and that proper separation is maintained. Septic tank and leach field ISDS are
envisioned and will be permitted in accordance with Garfield County criteria at the time of building
permit submission.
Currently the CPDH&E allows the use of multiple systems by one property. State policy
requires that cumulative systems not exceed 6,000 gallons per day of use and that the separation
between absorption fields meet the maximum ottet criteria (distance to wells or springs).
Calculations following state guidelines were made to examine potential loading from each building
and are summarized on the worksheets attached hereto as Exhibit M. Combined flows are estimated
to be 5360 gallons per day. The map attached hereto asExhibit N illustrates the ISDS master plan.
Review by CRE has indicated that multiple systems can be constructed and meet state separation
requirements. Due to the topographic location ofthe Lodge and Spa pressure mains will be required
to deliver waste water to the absorption fields. The Lodge will have a design flow greater than 2,000
gallons and flows will have to be split among intemal building plumbing. The flows from the lodge
are highest due to the kitchen and laundry facilities.
3. Submit a site plan/map drawn to scale that portrays the boundaries of the subject
property, all existing and proposed structures on the property, and the County or State roadways
within one (l) mile ofyour property. Ifyou are proposing a new or expanded access onto a County
or State roadway, submit a driveway or highway access permit.
See, Exhibits A and D, generally. Access to the shall be provided via an existing driveway
situate on real property owned by Colorado Nature Ranch, LP ("CNR") and extending from County
Road 209. The requisite easement rights over and across that CNR property shall be conveyed to
Applicant - together with the necessary water system easements referenced above - pursuant to the
form Special Warranty Deed attached hereto as Exhibit G
Application Submittal Requirements
(Orchard Lake Lodge)Page 4
E:\C\Colorado Nature Ranch c.o Richard Kessler\Lodging SUP\Documents\CNR SUP application 2.wpd
Primary access to the site is 15-miles north of DeBeque via Roan Creek Road (CR 204).
Roan Creek Road is accessed from the Interstate 70 and Highway 6&24 and travels north of
DeBeque as Mesa County Road 45. This road consists of paved and unpaved sections. Garfield
County has been observed making significant improvements to CR 204 including resurfacing paved
and gravel sections of road. The last three years has also seen a significant increase in trafhc related
to natural gas development. Access to the facility will be from the existing driveway off Brush
Creek Road CR 209. No permanent residences are serviced by CRD 209 with the exception of the
ranch mangers home on the CNR property. The road has been improved for approximately 5-miles
with pit run and road base surface by CNR and Encana Oil & Gas Inc..
The Institute ofTransportation Engineers ("ITE") Manual for Traffic Generation, I Edition,
was review by CRE to estimate average daily trips ("ADT"). It is CRE's opinion that the manual
does not have a classification that is representative of th proposed use. CRE is of the opinion that
the closest classification to the uses proposed herein is the resort hotel categorywhich overestimates
trips using day amounts of 13 trips per room and 13.6 trips per employee (+ 402 ADT). CRE has
estimated the Lodge Property site traffic impacts based upon occupancy estimates and employee or
support services. The estimates have been broken down into two road categories - CRD 204 and
CRD 209.
Impacts to Roan Creek Road (CRD 204). Mesa CRD 45 and CDOT roads and hiehways
Impacts to these roads and highways will be primarily from employee use and guests starting
or ending their vacation time and traveling to or from the Lodge Property. The calculation sheet
attached hereto as Exhibit N-1 summarizes peak possible loading, based upon typical conditions for
low season and high season periods. The results are as follows:
Period
Peak (max)
Low Season, Typical Peak Day
High Season, Typical Peak Day
Vehicle Trips (ADT)
90
19
48
The peak estimate assumed 100% occupancy and 100% turnover rate in one day. Discounts were
given for shuttle van or car pooling of guests from Grand Junction airport. The peak estimate is
conservatively estimated high for purposes of analyzing access permit requirements from CDOT.
Recent traffic counts by Mesa County have indicated ADT or CRD 45 is about 1370. Detailed
counts at CDOT intersections are not available. Data available from 2004 for Highway 6 average
1940 ADT. Utilizing existing Mesa Count data and Census data for the Town of DeBeque CRE has
estimated that ADT for CDOT intersections to total about 3,250 ADT. The traffic generated by
Lodge Property facilities will be significantly less than the 20o/o tigger for CDOT permit
requirements.
Impacts to Brush Creek Road (CRD 209)
The Lodge Property shall be a destination facility where guests will be arriving and utilizing
the lodging,lake and amenities as well as recreational activities on the adjacent property as part of
Application Submittal Requirements
(Orchard Lake Lodge)Page 5
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multiple day vacations. This uase will primarily impact CRD 209 (Brush Creek Road) which will
see the same trips calculated for Roan Creek Road but wil also include guest usage to neighboring
properties. The peak impact of 90 trips per day will remain the same since the peak calculation
assumed 100% turnover and guests would not be using neighboring properties. The low season and
high season estimates assume the on-site guests using neighboring properties will have S-guests
leave the property and return in the morning and aftemoonand the average occupancy would be 2
people per vehicle. This adds an additional 16 trips per day to CRD 209. Totals are as follows:
Period
Peak (max)
Low Season, Typical Peak Day
High Season, Typical Peak Day
Vehicle Trips (ADT)
90
35
64
4. Submit a vicinity map showing slope/topography of your property, for which a U.S.G.S.
l:24,000 scale quadrangle map will sffice.
See, Exhibit A, attached hereto
5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all
the subject property and public and private landowners adjacent to your property (which should be
delineated). In addition, submit a list of all property owners, public and privote landowners and
their addresses adjacent to or within 200ft. of the site. This information can be obtainedfrom the
Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the
subject property. (That information can be found in your title policy under Exceptions to Title).
The portion of the Garfield County Assessor's maps incorporating the Property, together with
a listing of all property owners located within 200 feet of the Property and all severed mineral
interest owners is attached hereto as Exhibit O.
6. Submit a copy of the deed and a legal description of the subject property.
See, Exhibit P, attached hereto
7. If you are acting as an agentfor the property owner, you must attach an aclvtowledgement
from the property owner that you may act in his/her behalf.
Applicant is the property owner.
8. Submit an statement that specifically responds to each of thefollowing criteriafrom Section
5.03 of the Zoning Regulations:
Application Submittal Requirements
(Orchard Lake Lodge)Page 6
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(1) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall either be
in place or shall be constructed in conjunction with the proposed use.
See, response to Paragraph2, hereinabove.
(2) Street improvements adequate to accommodate trffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in place or
shall be constructed in conjunction with the proposed use;
Primary access to the Property is provided via County Roads 204 and209. Recently,
Garfield County has been observed making significant improvements to CR 204, including
the resurfacing of paved and gravel portions thereof. Also recently, CNR and Encana Oil &
Gas, CNR's mineral lessee, have improved approximately 5 miles of County Road 209 with
pit run and road base surfacing. At present, no perrnanent residences are serviced by County
Road 209, with the exception of the Homestead. Given the slight traffic impacts presented
bythe Property as approved and the road improvements noted above, Applicant submits that
no further off-site road improvements need to be made to accommodate the same. See Also,
responses to Paragraphs 2 and 3, hereinabove.
(3) Design of the proposed use is organized to minimize impact on andfrom adjacent
uses of land through installation of screen fences or landscape materials on the periphery
of the lot and by location of intensively utilized areas, access points, lighting and signs in
such a manner as to protect established neighborhood character;
Given the Property's remote location and topography, the uses sought herein will
present no impacts to adjacent land uses. Simply stated, the Property is entirely
surrounded by undeveloped public lands (BLM) and the 23,000 acre CNR property,
which property is owned and operated by the same principals as the Applicant.
Historically operated as a cattle ranch the owners of the CNR property have expended
considerable time, effort and money rehabilitating the CNR property's wildlife and
conservation values. The CNR property has recently been approved for inclusion within
the Colorado Division of Wildlife's Ranching for Wildlife Program through year 2014
Past involvement in this program has resulted the receipt by CNR of numerous top ratings
from CDOW officers and hunters. Approval of this Application will provide Applicant
the means with which to share such assets of nature with others for generations to come.
Application Submittal Requirements
(Orchard Lake Lodge)Page 7
E:\C\Colorado Nature Ranch c.o Richard Kessler\Lodging SUPU)ocuments\CNR SUP application 2.wpd
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GENERAL LOCATION
MAP
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Lake LodgerHydrolow, Flood Plain Analysis .Canals, Pipelin@s, Dams Drawn by: I Aprvd by: CM Date:12fit06
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A
GARFIELD COUNTY
ISDS DESIGN CALCULATIONS
Colorado Nature Ranch
Resort Area
Facility: Orchard Lake Lodge (1st Floor Resort Area) & Spa
Average Daily Waste Flow 1335 gpd
State Review Required? "tPerc Rate 30 (T)(min/in)
Design Flow (Q) = # potential bedrooms X2people/ bedroom X gpd X1.75Q:I*o
Minimum tank capacity: 2920.313 gallons
Absorption Area (=Q/5 X SQRT perc rate)
A: 2559.234 sq. ft. of absorption area required
165 gravelless chamber units without reduction
# of Perc Holes Required: 3
1 in every soil type?Spaced uniformly over proposed area?
A maximum 507, reduction is allowed for use of deep gravel or gravelless chambered system,
only if the lot size and soil conditions are optimal.
If a reduction is being proposed, describe why lot size and soil conditions are optimal:
A = 1279.62 sq.ft. with 50% reductionTRENCHES
83 gravelless chamber units with reduction
L29 No. of Quick 4 Units
1535.54 qtt 407" reduction BED
99 chamber units with reduc.
155 No. of Quick 4 Units
Type of system: []Absorption trenches []Absorption bed [] Gravelless chambers
[]Dry well []Seepage Pit fiOther
SETBACK FROM WELL, SPRINGS
# of feet = 206.9
(type)
SETBACK FROM POND, STREAM OR IRRIGATION DMCH
# of feet : 156.9
SETBACK FROM DRY GULCH
# of feet : 131..9
LODGE CREMODS.xIS Orch. Lodge
Lodge 2nd Floor
GARFIELD COUNTY
ISDS DESIGN CALCULATIONS
Colorado Nature Ranch
Resort Area
Facility: Orchard Lake Lodge (2nd Floor Sleeping Area)
1425 gpdAverage Daily Waste Flow
State Review Required?
Perc Rate 30 (T)(min/in)
Design Flow (Q) = # potential bedrooms X2people/ bedroom X gpd X1,.75Q=I*o
Minimum tank capacity: 3117.1,88 gallons
Absorption Area (=Q/5 X SQRT perc rate)
A = 2731,.766 sq. ft. of absorption area required
1% gravelless chamber units without reduction
# of Perc Holes Required:
1 in every soil type?Spaced uniformly over proposed area?
A maximum 50% reduction is allowed for use of deep gravel or gravelless chambered system,
only if the lot size and soil conditions are optimal.
If a reduction is being proposed, describe why lot size and soil conditions are optimal:
A_1365.88 sq.ft. with 50% reduction TRENCHES
88 gravelless chamber units with reduction
138 No. of Quick 4 Units
Type of system: []Absorption trenches []Absorption bed
[]Dry well []Seepage Pit fiOther
SETBACK FROM WELL, SPRINGS
# of feet: 219.5
SETBACK FROM POND, STREAM OR IRRIGATION DITCH
# of feet : 169.5
SETBACK FROM DRY GULCH
# of feet = 144.5
1,639.06 sqft40'/o reduction BED
L06 chamber units with reduc.
L65 No. of Quick 4 Units
[] Gravelless chambers
(type)
LODGE CREMODS.xIS Lodge 2nd Floor
Colorado Nature Ranch
Resort Area
Facility: Orchard Lake
Average Daily Waste Flow
State Review Required?
Homestead & Museum
1650 gpd
Perc Rate 30 (T)(min/in)
Design Flow (Q) = # potential bedrooms X?people/ bedroom X gpd X'1..75Q=I*o
Minimum tank capacity: 3609.375 gallons
Absorption Area (:Q/5 X SQRT perc rate)
A : 3163.098 sq. ft. of absorption area required
204 gravelless chamber units without reduction
# of Perc Holes Required:
1. in every soil type?Spaced uniformly over proposed area?
A maximum 50% reduction is allowed for use of deep gravel or gravelless chambered system,
only if the lot size and soil conditions are optimal.
If a reduction is being proposed, describe why lot size and soil conditions are optimal:
A=1581.55 sq.ft. with 507o reductionTRENCHES
L02 gravelless chamber units with reduction
L59 No. of Quick 4 Units
Type of system: []Absorption trenches []Absorption bed
[]Dry well []Seepage Pit [Other
SETBACK FROM WELL, SPRINCS
# offeet = 251.
1897 .86 sqlt 407o reduction BED
122 c}ramAe, units with reduc.
191 No. of Quick 4 Units
[] Gravelless chambers
(type)
SETBACK FROM
# of feet :
POND, STREAM OR IRRIGATION DITCH
20L
SETBACK FROM DRY GULCH
# offeet = 176
LODGE CREMODS.xIS Homestead Lodge
.ARFTT couNTY
cabins
ISDS DESIGN CALCULATIONS
Colorado Nature Ranch
Resort Area
Facility: Orchard Lake Cabins
Average Daily Waste Flow
State Review Required?
950 gpd
Perc Rate 30 (T)(min/ln)
Design Flow (Q) = # potential bedrooms X 2 people/bedroom X gpd X 1.75Q:I*u
Minimum tank capacity: 2078.125 gallons
Absorpdon Area (=Q/5 X SQRT perc rate)
A = 1821.1775 sq. ft. of absorption area required
l]l gravelless chamber units without reduction
# of Perc Holes Required:
1 in every soil type?Spaced uniformly over proposed area?
A ma.ximum 50% reduction is allowed for use of deep gravel or gravelless chambered system,
only if the lot size and soil conditions are optimal.
If a reduction is being proposed, describe why lot size and soil conditions are optimal:
A=910.59 sq.ft. with 50% reduction TRENCHES
59 gravelless chamber units with reduction
1092.71 sqfL40o/o reduction BED
70 chamber units with reduc.
110 No. of Quick 4 Units92 No. of Quick 4 Units
Type of system: flAbsorption trenches flAbsorption bed I Gravelless chambers
fiDry well flSeepage Pit fiOther
SETBACK FROM WELL, SPRINGS
# offeet = 153
(Wpe)
SETBACK FROM POND, STREAM OR IRRIGATION DITCH
# offeet = 103
SETBACK FROM DRY GULCH
# offeet = 78
LODGE CREMODS.xIS Cabins
spa
Colorado Nature Ranch
Resort Area
Facility: Spa/Fitness Center
Average Daily Waste Flow a80 gpd
State Review Required? no
Design Flow (Q) = # potential bedrooms X2people/ bedroom X gpd X1..75
Q:I*o
Minimum tank capacity: L050 gallons
Absorption Area (=Q/5 X SQRT perc rate)
A - 920.1739 sq. ft. of absorption area required
59 gravelless chamber unib without reduction
# of Perc Holes Required: 3
1 in every soil type? Spaced uniformly over proposed area?
A maximum 50Yo reduction is allowed for use of deep gravel or gravelless chambered system,
only if the lot size and soil conditions are optimal.
If a reduction is being proposed, describe why lot size and soil conditions are optimal:
A: 460.09 sq.ft. with 50% reductionTRENCHES 552.1,0 sqft4}o/. reductionBED
30 gravelless chamber units with reduction 36 chamber units with reduc.
46 No. of Quick 4 Units 56 No. of Quick 4 Units
Type of system: []Absorption trenches []Absorption bed [] Gravelless chambers
[]Dry well []Seepage Pit []Other
SETBACK FROM WELL, SPRINGS
# offeet = 100
(type)
SETBACK FROM POND, STREAM OR IRRIGATION DITCH
# offeet= 50
SETBACK FROM DRY GULCH
# offeet = 25
LODGE CREMODS.xIS Spa
Museum
GARFIELD COUNTY
ISDS DESIGN CALCULATIONS
Colorado Nature Ranch
Resort Area
Facility: Museum
Average Daily Waste Flow 50q gpd
State Review Required? ",Perc Rate ri,.lriitr.ii13&,,il:'.' 111o,i"/in)
Design Flow (Q) = # potential bedrooms X2people/ bedroom X gpd X1..75
Q:E*o
Minimum tank capacity: 1,093.75 gallons
Absorption Area (=Q/5 X SQRT perc rate)
A = 958.5145 sq. ft. of absorption area required
62 gravelless chamber units without reduction
# of Perc Holes Required: 3
1 in every soil type?Spaced uniformly over proposed area?
A maximum 50% reduction is allowed for use of deep gravel or gravelless chambered system,
only if the lot size and soil conditions are optimal.
If a reduction is being proposed, describe why lot size and soil conditions are optimal:
479.26 sq.ft. with 50% reduction TRENCHES
31 gravelless chamber units with reduction
A=
48 No. of Quick 4 Units
Type of system: []Absorption trenches []Absorption bed
[]Dry well []Seepage Pit []Other
SETBACK FROM WELL, SPRINGS
# of feet = 100
SETBACK FROM POND, STREAM OR IRRIGATION DITCH
# of feet = 50
SETBACK FROM DRY GULCH
# offeet: 25
575.11, sqft40'/o reduction BED
37 chamber units with reduc.
58 No. of Quick 4 Units
[] Gravelless chambers
(type)
LODGE CREMODS.xIS Museum
Garfield Cty
GARFIELD COUNTY
ISDS DESIGN CALCULATIONS
No. of Guests:
Ave Flow Rate per Person:
Avg. Waste Flow:
Guest Rooms
No. of Guests:
Ave Flow Rate per Person:
Total Waste Flow for Lodge only:
Orchard Lake Lodge (2nd Floor Sleeping Area)
Cuest Rooms 10
No. of Guests:
Flow Rate per Person:
Avg. Waste Flow:
Orchard Lake Lodge (1st Floor Resort Area)
Guests 19
(Resort - Night and Day)
gpd
(Luxury Resort)
gpd
(Hotel w/ Private Bath)
gpd
1,20 gal -75)
No. of Guests: 19
Avg Flow Rate per Person: 45 (Luxury
Avg. Waste Flow:855 gpd
Orchard Lake Homestead
(Ranch House/Garage)
Cuest Rooms
Spa/Fitness Center
Total Guest
Persons per Room:
Museum
Total Seating:20
No. of Guests:
Avg Flow Rate per Person:
Avg. Waste Flow:
Total No. of Guests:
Avg Flow Rate per Person:
Avg. Waste Flow:
Total No. of Cuests: 20
Avg Flow Rate per Meal:
Avg. Waste Flow:
Total System Avg. Waste Flow:
t
"fi'loQL
1ai(
(Existing Design)
gpd
(Bathhouse)
gpd
(Paper Service Only)
Exnrnt'r
M
Orchard Lake Lodge
6,
gpd
Owner's Name Colorado Nature Ranch Parcel ID #
Lake Cabins
Cabins
19
10
10
6
5360
Garfield Cty
GARFIELD COUNTY
ISDS DESIGN CALCULATIONS
No. of Guests: i:$;;r;i1;i$#
$:*t-
Nightand Dav)
Guest Rooms 10
No. of Guests: tg
Avg Flow Rate oer Person: ffi fluxurv Resort)
gpo
Owner's Name
Orchard Lake Cabins
Cabins
Colorado Nature Ranch Parcel ID #
Total No. of Guests: 48
Orchard Lake Lodge (2nd Floor Sleeping Area)
Cuest Rooms 10
No. of Guests: 19
Avg Flow Rate per Person: 75 (Hotel w/ Private Bath)
Avg. Waste Flow: 1,425 gpd
Orchard Lake Lodge (1st Floor Resort Area)
Cuests 19 No. of Guests:19
Avg Flow Rate per Person: 45 (Luxury Resort 1,20 gal - 75)
Avg. Waste Flow: 855 gpd
Orchard Lake Homestead
(Ranch House/Garage)
Guest Rooms 6
No. of Guests:10
Avg Flow Rate ner Person: lilE ffxistins Desim)
@gp"
Spa/Fitness Center
Total Guest 46
Persons per Room: 2
(Ba,thhouse)
Museum
Total Seating: 20
Total No. of Guests:]3S
ffi 1fape. Service Only)
LODGE CREMODS.xIS Garfield Cty
Total System Avg. Waste Flow:5350
gpd
Avs Flow Rate per Meal:
vg. Waste
6
1.
2.
(a)
COMIVIITMENT FOR TITLE INSI]RANCE
SCMDULE A
File No. 0605020
Effective Date: May 3, 2006 at 7:59 AM
Policy or Policies to be issued:
AITA OWNER POLTCY (ALTA t0-17-92)
Proposed Insured:
To Be Determined
ALTA LOAN POLTCY (10-17-92)
Proposed Insured:
The Estate or interest in the land described or referred to in the Commitnent and covered herein is Fe€ Simple and
is at the effective date hereofvested in:
Orchard Lake Lodge, LLC, A Colorado Limited Liability Company
The land referred to in this Commitment is situated in the Cormty of Garfield, State of Colorado and
described as follows:
Parcel 12
A parcel of land situate in Section 3, Township 6 South, Range 99 West of the 6th P.M., County of Gartield,
State of Colorado' said parcel of land being more pardcularly described as follows:
Commencing at the South 1/4 Corner of Section 24; thence North 31024119!' \Yest 20277.24 feet to the South
Center l/16 Corner ofsaid Section 3; thence South 00o02'01il East 522.00 fee! ttrence South 90000'00'r Erst
1083.81 feet; theuce North 00o01r09r' East f380.07 feet; thence North 90o00r00'r West 1486.5I feet; tlence
South 02024129" East U0.60 feet; thence South 22o07t40" East 487.52 feet; thence South fi)o02'01,' East
236.00 feet; thence South 90o00r00r' East 210.99 feet to the TRUE PorNT oF BEGINMNG.
$TBD
(b)
1
TITLE CIIARGES
Owner's Policy Standard Coverage $TBD
COUNTERSIGNED:
Authorized Off,rcer or Agent
IM
Valid Only if Schedule B and Cover Are Attached
American Land Title Association
Schedule A
(Revd 6-86)
Issuing Agent
Commonwealth Tltle Company of Garfield County, lnc.
127 East 5th Street Rifle, CO 81650
Exnrsrr
B
4.
2.
File No. 0605020
L
SCIIEDTILEB-SECTIONI
The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument
recorded subsequent to the date hereofmay appear as an exception under Schedule B ofthe policy to be issued. Unless otherwise
noted, all documents must be recorded to the office ofthe Clerk and Recorder ofthe County in which said property is located.
Wananty deed from Orchard Lake Lodge, LLC, A Colorado Limited Liability Company vesting fee simple title in To Be
Determined.
Partial release of record by the Public Trustee of the Deed of Trust from Colorado Nature Ranch, LP, CNR Branded Rock
Village, LP and Orchard Lake Lodge, LLC, A Colorado Limited Liability Company for the use of The Prudential Insurance
Company of America, showing an original amount of $6,000,000.00, dated March 20,2006 and recorded March 21, 2006 in
Book 1781 atPage973,
Note: When the details of this transaction are revealed, the Company reserves the right to make additional requirements and/or
exceptions.
NM6
American Land Title Association Cornmiunent
ScheduleB - Section I - Form 1004-5
File No. 0605020
SCIIEDT]LEB-SECTION2
Schedule B ofthe Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed ofto the satisfactionof the cornpany:
l. Rights or claims ofparties in possession not shownby the public records.2. Easemenb, or claims ofeasemenb, not shown by the public records.3. Discreparrcies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection ofthe
prerriscs would disolose, and which are not shown by the public records.4, Any licn, or right to a lien, for services, labor or material heretofrre or hereafter firmished, imposed by law and not shown by the public
records.
5. Defecs, liens, cncumbrances, adverse clains or other matters, ifany, created, first appearing in the public records or attaching subsequant
to the effective date hereofbut prior !o the date the proposed insured acquires ofrecord for value thi estate or interest or mortiage mereon
covered by this commitmenl
6. Any and all unpaid taxes, assessments and unredeerned tax sales.
7 . Any lien or charge on account ofthe inclusion ofsubject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matrers excepted are shown by the public record.
9 . Right of way for ditches or canals corstucted by the auttrority of the United States, as reserved in United States patent recorded March I g ,I 92 I in Book I 12 at Page 361 .
10. ReservationofalloilandgasasreservedinUnitedStatespatentrecordedMarchl8, 1921 inBookl12atpage36landanyandall
interest therein or assignments thereof.
Right ofway (whether in fee or easement) for a road as conveyed in deed recorded September I 1, l 9l8 in Book 110 atpage2l9.
Rightofway for any existing irrigation ditches, canals or pipelines.
NorE: ExcEPTIoN(s) N/A WILL Nor APPEAR IN THE N/A To BE rssuED HEREUNDER
The Owne/s Policy of Title Insurance committed for in this Commitrnent, if any, shall contain, in addition to the Items set forth in Schedule B -
Section 2, the following items:
( I ) The Deed of Trusl if any, required under Schedute B - Section 1 . (2) Unpatented mining claims; reservatioru or exceptions in patents or inAcs authorizing the issuance thercof. (3) any and all unpaid taxes, assessments and unredeerned tax salcs.
American Land Title Association Commirneat
ScheduleB-Section2
Form 1004-12
lt.
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DEED OF PERMANENT EASEMENTS
(SPECIAL WARRANTY)
THIS DEED OF PERMANENT EASEMENTS, made this day of
2}}_,between COLORADO NATURE RANCH, LP, a Colorado limited parlnership whose address
is 4901 Vineland Road, Suite 650, Orlando Florida 32811 ("Grantor") *d ORCHARD LAKE
LODGE, LLC, a Colorado limited liability company whose address is 4901 Vineland Road, Suite
650, Orlando Florida 3281 1 ("Grantee").
KNOW ALL MEN BY THESE PRESENTS, that the Grantor, for and in consideration of
the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant, sell and convey unto said Grantee,
its successors and assigns:
a. A perpetual non-exclusive easement extending 15 feet on either side ofthe centerline
of that roadway, existing and in place, and extending fiom the south boundary of the real property
owned by Grantee, which real property is more particularly described within Exhibit A, hereto
("Grantee Propefty"), over and across the real property owned by Grantor, which real property is
more particularly described within Exhibit B ("Grantor Property"), hereto, to said roadway's
terminus at County Road 209, to provide vehicular and pedestrian access to the Grantee Property
together with the perpetual right to maintain, repair and replace the road surface contained therein
and to contract with third parties for the provision of said maintenance, repair and replacement;
b. A perpetual non-exclusive easement extending 15 feet on either side of the centerline
of that roadway, presently existing and in place, and extending from the south boundary of the
Grantee Property over and across the Grantor Property to said roadway's terminus at County Road
209, to provide for the installation, maintenance, repair and replacement of utilities, including but
not limited to, electrical and telephone transmission lines servicing the Grantee Property; and
c. Perpetual non-exclusive easements extending 10 feet on all sides of the water system
facilities, including but not limited to all wells, lines, storage tanks, treatment facilities and electrical
lines presently existing and in place within the Grantor Property, to provide domestic and irrigation
water to the Grantee Property, together with the perpetual right to maintain, repair and replace said
facilities and to contract with third parties for the provision of said maintenance, repair and
replacement.
TO HAVE AND TO HOLD THE SAME, together with all appurtenances and privileges
thereunto belonging, or anywise thereunto appertaining and all the estate, right, title, interest and
claim whatsoever of the said Grantor, whether in law or equity, in and to the Easements hereby
granted to the only proper use, benefit and behoove of the said Grantee, its employees, partners,
agents and invitees. Grantor, for itself, its successors and assigns, does hereby covenant and agree
Deed of Permanent Easementfroru Nature Ranch to Orchard Lake Lodge
Page I
Exursrr
G
that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the
quiet and peaceable possession ofGrantee, its successors and assigns, against all and every person
or persons claiming the whole or any part thereof, by, through or under Grantor.
IN WITNESS WHEREOF, Grantor has executed the within Deed of Permanent Easements
on the day and year first above written.
COLORADO NATURE RAIICH, LP
a Colorado limited
By: Colorado Nature Ranch, Inc., a Florida corporation, its
General Partner
By'
Richard C. Kessler, President
STATE OF COLORADO )
)ss
COUNTY OF GARFIELD )
The above and foregoing document was acknowledged before me this day of
200_by Richard C. Kessler, President of Colorado Nature Ranch, Inc.,
a Florida corporation and General Partner of Colorado Nature Ranch, LP a Colorado limited
partnership.
Witness my hand and official seal.
Notary Public
My commission expires:
My address is:
Deed of Permanent Easementfron Nature Ranch to Orchard Lake Lodge
Page 2
Lienholder Consent and Suborndination
The undersigned,. being the owner of that deed of trust encumbering
the real property more particularly described within Exhibit B hereto and heretofore recorded in the
recordsoftheClerkandRecorderofGarfieldCounty,Coloradoon-inBook-,dt
Page _ and Reception No. ("Deed of Trust"), by execution hereof hereby consents
to the conveyances hereinabove set forth and hereby subordinates all right, title and interest in and
under the Deed of Trust to said conveyances.
Executed this _ day of ,200
STATE OF COLORADO )
)ss
cotINTY OF GARTTELD )
The above and foregoing document was acknowledged before me this day of
Witness my hand and official seal.
Notary Public
My commission expires:
My address is:
Deed of Pernnnent Easementfrom Nature Ranch to Orchard Lake Lodge
Page 3
By
" "o'=off*??Pl-'+'J?\3i,H1lGffi office Use only a fTcws45 (06/2006)
1313 SHERMAN ST, RM 818, DENVER, CO SO2O3
phone - info: (303) 866-3587 main: (303) 866-358.1 fax (303) 866-3589
http://www.water. state. co. us
CENER,AL PURPOSE
-,[ater Well Permit Application
Review instructions on reverse side prior to completing form.
The form must be completed in black or blue ink or typed.
1. Applicant lnformation 6. Use Of Well (check applicable boxes)
Name ol applrcnt
fuchard Kessler, Colorado Nature Ranch, LP
c/o Colorado River Engineering, Inc.
Attach a detailed description of uses applied for.
! Induskial [] Other (describe): Domestic
fl Municipal Per Decree 01CW373 - Domestic/Commercial
8 Commercial Total Diversions 7.64 af/yr
Mailing address
PO Box 1301
City
Rifle CO
state zrp @oe
81650
7. Well Data (proposed)Telephone #
(970) 625-4933
E-mail (Optional)
Maximum pumping rate
112.2 spm
Annual amount io be withdram
1.63 acre-feet2. Type Of Applic?tion (check applicabte boxes)
E Construct new well fJ Use existing well
E Replace existing well EI Change or increase usef] Change source (aquifer) tr Reapplication (expired permit)
E other:
Total depth
2oo feet
Aqufier
Brush Creek Alluvium
8. Land On Which Ground Water Will Be Used
Legal Description lmly be provioed as an attachmeng: Up tO 1 aCre in the
NWl/4, SEI/4, Sec 3, Twp 6 S, Rng 99 W, of the 6th p.M.
(f usea for crop irrigation, attach a scaled map that shows irrigated area.)
3. Refer To (if applicable)
Well permit #
26t635
Water Court ese f
01cw373
Designated Basin Detemination #wdlname oi?-
CNR Lodge rWell
4. Location Of Proposed Well
County
Garfield NE laotrhe SW 1A A. #Aqes
1.0
B. owrer
Colorado Nature Ranch, LPion I Twnship N oi Slo trtr
Range Eoiw Jprl6o;****ss trA I o,n C. List any othtr rells or water rights used on this land:
See 01CW373, attachedDistanceofwellfromsec{ionlines(sectionlinesarelypiffi
2400 rt. rrom E N EI S Z$0 Ft. from [t E f] W 9. Proposed Well Driller License #(optional):Forrep|a@mentwellsonly-distanceanddirectionfromoldwellton&weli-
feet direction
10. 9jgnature Of Applicant(s) Or Authorized Agent
The making of false statements herein constitutes perjury in the second
degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S.
244-104 (13)(a). I have read the statements herein, know the contents
thereof atd state that they are true to my knowledge.
welllocation address (lnclude city, state, zip) E check if well address is same as in ttem 1
Colorado Nature Ranch,
0655 County Road 209, DeBeque, CO 81630
optional: GPS well location information in urM format you must check Gps unit for
required settings as follows:2Z&>to/zq loe
Format must be UTM
D Zone 12 or E Zone 'l 3
Units must be Meters
Datum must bo NAD83
Unit must be set to true north
Was GPS unit checked for aboveZ fl VES Remember to set Datum to NAD83
Easting
Northing
y'4,+zs H*ves ,TEzslntcr"l*) t cP.{
Office Use Only
USGS map name D\Ml map no. I Surfacs olev.
5. Parce! On Which WeltWill Be Located
(PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL)
Receipt area only
A. Legal Descfiption (may be providsd as an atrachment):
NEl/4, SW1/4, Sec 3, Twp 6 S, Rng 99 W of the 6th p.M.
B. # of acres in pE
4n qcres of32l
t:,/Vill thi. be th.
rrcel
l9+
C. omer
Colorado Nature Ranch, Lp
WE
WR
cwcB
TOPO
only well on this par€l?EIyeS Er'rO (it no - tist other wetrs)
State Parcel lD# (optional):bryLAR
IsBs Drv wD BA I
-
MD
- EXft
H
BIT
\
7
o
Dlsrrucr CoLrRT, WnrgR Dlvtstor.i No. 5, Colonaoo
Court Address: 109 - 8'h Street,
Glenwood Springs, CO 81601
ColoRaoo NATLRE RaxcH, LP
in Garfield County, Colorado
Court Use O
Case No.; 01 CW 373
FworNcs oF FAcr, Rulnqc oF REFEREE AND
]uocnarvr & Drcnnr oF WATER Counr
THIs uarrER came before the Court upon the Application, as amended, of
Colonaoo NetuRp RaNcH, LP, for Surface Water Rights - Ditches (Part I-A, posf), Surface
Water Rights - Springs (Part I-8, post), Ground Water Rights (Part I-C, post),Storage Water
Rights - Ponds (Part I-D, post),Storuse Water Rights - Reservoirs (Part l-E, post), Change of
Water Rights (Part I-F, post), and Approval of Plan for Augmentation (Part I-G, posf). The
Applicant is represented by Scott Balcomb and Christopher L. Geiger of Balcomb & Green,
P,C.
The Water Judge for Water Division No. 5, State of Colorado, referred the
Application to the Water Referee in accordance with the Water Rights Determination €t
Adnrinistration Act of 19159,10 Cor-o. Rrv. Srar. ch.37, art.92 (2003).
The Water Referee has made such investigation as necessary to determine
whether the statements in the Application as amended are hue, is fully advised with respect
to the subject matter of the Application, and has consulted with the Division Engineer for
Water Division No. 5. As a result, the Water Referee makes, and he does hereby, the
following determinations and rulings as Referee in this matter:
Exnrsrr
I
CasE No.0l CIV 373 -1-FL,vDINCS, Ruuxc & Decner
Lake's refusal to enter a stipulation with Applicant. The grounds cited by Applicant for
enhy of this motion include the fact that Mr. Lake failed to participate in any of the last
seven (7) status conferences scheduled before the Referee dating back to at least January 6,
2004. The Referee, noting the failure of James H. Lake to participate in the status
conferences in this case, and his failure to respond to Applicant's Motion for Entry of Ruling
Within 20 Days, has decided to enter this Ruling notwithstanding the absence of a
stipulation between Applicant and Mr. Lake.
8. The Application claims Surface Water Rights - Ditches (Part A), Surface Water
Rights - Springs (Part B), Ground Water Rights (Part C), Storage Water Rights - Ponds (Part
D), Storage Water Rights - Reservoirs (Part E), Change of Water Rights (Part F), and
Approval of Plan for Augmentation (Part G), as follows:
PartI-A
Cr"qtu ron SunracE Werrn RtcHrs - DtrcHrs
9. Name of structures:
Bridges Hayes Ditch CNR Enlargement
CNR Lower Ditch
Kreps Ditch CNR Enlargement
Scott Ditch CNR Enlargement
Secluded Ditch
Lesal descriotion of each point of diversion:
A. Bridees Haves Ditch CNR Enlareement: NE/aNE% Section 1'O,T-6 S., R' 99
W., 6'n P.M. at a point 559 feet from the East Section line and 1,1.51 feet from the
North Section line.
B. CNR Lower Ditch: NE%SW% Section 24,T.65., R. 99 W., 5'n P.M. at a point
1,,787 feet from the West Section line and 3,450 feet from the North Section line.
C. Kreps Diteh{N& Enlareement: SEINE% Section 36, T.5 S., R. gg W ., 6'h
P.M. at a point 571 feet from the East Section line and 1,425 feet from the North
Section line.
D. Scott Ditch CNR Enlarggment: SW%SE% Section 31, T. 5 S., R. 98 W., 6'h
P.M. at a point 1,888 feet from the East Section line and 109 feet from the South
Section line.
A.
B.
C.
D.
E.
10.
C.lsr No. 01 ClV 373 -3-FrN,DrNCs, RuLtNG & DEcner
'q
2. Secluded Ditch
a. Number of acres historically irrigated: 0.0
b. Number of acres proposed to be irrigated: 12.0.
c. Legal description of acreage: SE1,/45W1,/4 and the SW1/4SE1/4,
Section 31.,T.5 S., R.98 W.,5'h P.M.
B. If non-irrigation. describe purpose fully: All of the above ditches will serve
as supply sources for ponds and reservoirs described hereinafter, wildlife and
piscatorial. In addition, the CNR Lower Ditch and Secluded Ditch will also be
used for irrigation.
L9. fue there other water rights diverted through these structures?: Yes. The new
ditch enlargement rights used to fill the ponds and reservoirs have existing irrigation rights
carried through the same ditches.
Part I-B
Cr-attra roR SuRrncg Warrn RIcHrs - SpRtI.Ics
20. Name of structures:
A. CNR Spring No. 1
B. CNR Spring No. 2
C. Elk Cabin Spring
21. Lesal descriotion of each point of diversion:
A. CNR Sprin&No. 1: NW%NE% Section 24,T.5 S., R. 99 W', 5'n P.M. at a point
1,850 feet from the East Section line and'1,277 feet from the North Section line.
B. CNR Spring No. 2: StN%SB%section "J."!.,T.6 S., R. 99 W., 5'n P.M. at a point
1,561 feet from the East Section line and287 feet from the South Section line.
C. Elk Cabin Spring: NE%NE% Section 2,T.5 S., R. 99 W., 5'n P.M. at a point
905 feet from the East Section line and727 feet from the North Section line.
22. Source: Springs tributary to unnamed creeks that are tributary to Brush Creek.
23. Date of initiation of appropriation: June 75,2041
Casr No.01 CW 373 -5-FINDINCS, RUI-INC & DECREE
Part I-C
28. Narne of structures:
A. CNR Lodge Well
B. CNR Office Well
C. CNR Fish Camp Well
D. CNR lrrigation Well No.1.
29. Legal Description:
A. CNR Lodge Well:NE%SIN% Section 3,T. 6 S., R. 99 W., 5,n p.M. at a point
2,830 feet from the East Section line and 380 feet from the North Section line.
B. CNR Office Well: NE%SW% Section Z4,T.O S., R. ggW.,6,h p.M. at a point
3,286 feet from the East Section line and 1,780 feet from the South Section line.
C. CNR Fish Camp Well: NW%SW%of Secnon 31, T.5 S., R. 9g W.,6,h p.M. at
a point 890 feet from the West Section line and 2,380 feet from the South Section
line.
D. CNR Irrigation Well No. 1.: NW%SW% Section 3l,T.S S., R.9g W.,5,h p.M.
at a point 797 f.eet from the west Section line and 2,3g3 feet from the South
Section line.
30. --Sotrrcejallwells: Groundwater tributary to Brush Creek.
31. Depth: 200 feet, proposed.
32. Dates of initiation of appropriation:
A. CNR Lodge Well and CNR Irrigation Well No. 1:June lS,ZOO|
B. CNR Fish camo well and CNR office well: Augusr zg,zooz
33. How aPPropriation was initiated - all wells: Field inspection, formulation of
water use plan, and formation of intent to use water.
34.
C,rsr No.0I CW 373 -7-FINDINCS, Rurxc & DrcnEr
38.
39.
37.Remarks: CNR Lodge Well, CNR Office Well, CNR Fish Camp Well, and CNR
Irrigation Well No.t will be constructed in the alluvium, located within 100 feet of Brush
Creek and considered as causing instantaneous depletions for administration purposes.
Part I-D
Currra FoR SToMGE WATER RrcHrs - Porvos
Name of reservoirs: CNR Ponds Nos. 1 through 10.
Leeal descriotions:
-
A. CNR Pond No. 1:StN%SE% Section 7']..,T.6 S., R. 99 W., 6'n P.M. at a point
2,573 f.eet from the East Section line and 370 feet from the South Section line.
B. CNR Pond No. 2:SW%SE% Section 1,1,,T.6 S., R. 99 W., 6'n P.M. at a point
2,240 f.eet from the East Section line and 510 feet from the South Section line,
C. CNR Pond No. 3: SW%SE% Section 7"t ,T. 6 S., R. 99 W., 5'n P.M. at a point
2,490 f.eet from the East Section line and 920 feet from the South Section line.
D. CNR Pond No. 4: SW%NW% Section 1,1,T.6 S., R. 99 W., 6'n P.M. at a point
1,220 feetfrom the West Section line and2,540 feet from the North Section line.
E. CNR Pond No. 5: NE%NE% Section 1.0,T-6 S., R.99 W.,5'^ P.M. at a point
425 feet from the East Section line and 535 feet from the North Section line.
F. CNR Pond No. 6: SW%SE% Section 3,T.6 S., R. 99 W.,5'n P.M. at a point
2,055 feet from the East Section line and7,290 feet from the South Section line.
G. CNR Pond No. Z:SB%SW%section 3']-,,T.5 S., R.98 W.,6'h P.M. at a point
2,720 f.eet from the East Section line and 220 feet from the South Section line.
H. CNR Pond No.8:SE%SIN% Section 3'1.,T.5 S., R. 98 W.,6'n P.M. at a point
3,075 feet from the East Section line and 1,025 feet from the South Section line.
I. CNR Pond No. 9: SE%NE% Section 35,T.5 S., R. 99 W., 5'h P.M. at a point
285 feet from the East Section line and 1,910 feet from the North Section line.
l. CNR Pond No. 10: SE%NE% Section 36,T.5 S., R. 99 W., 5'n P.M. at a point
475 feet from the East Section line and 1,780 feet from the North Section line.
C,rsE No.01 CIV 373 -9-FrNDr\ics, Rutrxc & DrcnEe
E. CNR Pond No.5:
1. June 1.5,2001 for 8.0 acre-feet2. August 28,2002 for 14.7 acre-feet
F. CNR Pond No. 5:
June 15,2001 for 8.0 acre-feet
August 28,2002 for 21.74 acre-feet
3. June 4, 2003 f.or 2.0 acre-feet
G. CNR Pond No. 7:
1. |une 15,2001 for 8.0 acre-feet
Z. August 28,2002 for 8.4 acre-feet
H. CNR Pond No. 8:
1.|une 15, 200'I-. for 8.0 acre-feet
2. August 28,2002 for 3.9 acre-feet
I. CNR Pond No. 9:
1. June 15,2001 for 4.1 acre-feet
J. CNR Pond No. 10:
1. fune 15,2001 for 1.12 acre-feet
43. How aPProPriation was initiated: Field inspection, formulation of water use
plan, and formation of intent to use water.
1.
)
Amounts Claimed and Sizes of Ponds:
A. CNR Pond No. 1:
1. Amount claimed: 16.4 acre-feet conditional, of which 5.4 acre-feet
is dead storage.
2. Surface area at high water line: 1.25 acres
3. Length of dam in feet: 4254. Maximum Height of dam in feet: 10
B. CNR Pond No. 2:
1. Amount claimed: 27.0 acre-feet conditional, of which 6.0 acre-feet
is dead storage.
45.
C,rsE No.01 CW 373 -11-Frxoncs, Rr-r-rxc; & Decnnr
H. CNR Pond No. 8:
1. Amount claimed: 11.9 acre-feet conditional, of which 3.9 acre-feet
is dead storage.
Surface area at high-water line: 0.9 acres
Length of dam in feet: 350
Maximum Height of dam in feet: 10
CNR Pond No. 9:
1. Amount claimed: 4.1 acre-feet conditional, of which 0.55 acre-feet
is dead storage..
Surface area at high-water line: 0.65 acres
Length of dam in feet: 350
Maximum Height of dam in feet: 10
2.
3.
4.
I.
2.
3.
4.
CNR Pond No. 10:
1. Amountclaimed:1,12acre-feetconditional,ofwhichl,.T}acre-feet
is dead storage.
Surface area at high-water line: 0.25 acres
Length of dam in feet: 50
Maximum Height of dam in feet: 10
Use - all ponds:
A. If irrieation: n/a
: Piscatorial, recreational, wildlife
use adiacent to the ponds, and augmentation. Water stored in the ponds shall
not be used for augmentation purposes other than as approved in this Decree
without first obtaining proper judicial or adminishative approval for such
additional augmentation uses.
Part I-E
Crawr FoR SToRAGE WATER RtcHrs - Rssenvons
Names of reservoirs:
A. CNR Reservoir No. 1
B. CNR Reservoir No. 2
2.
3.
4.
B.
C,rsr No.0l CIV 373 -13-FtNprNCs, Rr-rr-txc & DrcnEr
o
46.
AO+/.
55.
Amounts claimed and sizes of reservoirs:
A. CNR Reservoir No. 1.:
1. Amount Claimed: 8.0 acre-feet, conditional; no dead storage'
2. Surface area at high waterline: 1.0 acre
3. Length of Dam in feet: 350
4. Maximum height of dam in feet: 10
B. CNR Reservoir No.2:
1. Amount Claimed:45.0 acre-feet, conditional; no dead storage'
2. Surface area at high waterline: 3.0 acres
3. Length of dam in feet: 850
4. Maximum height of dam: 10
Use:
A. CNR Reservoir No. l.:
1.If irrigation:
a. Number of acres historically irrigated: 0.0
b.Total number of acres proposed to be irrigated: up to 30 acres.
c. Legal Description of acreage to be irrigated: E%NW% Section 25
and E/zSW% of Section24,T.5 S., R. ggW.,6'h P.M.
If non-irrigation, describe purpose fully: Recreational, wildlife use2.
adjacent the reservoir, augmentation, and piscatorial.
B. CNR Reservoir No. 2:
1. Ifidg-Hon:
a. Number of acres historically irrigated: 0
b.Number of acres proposed to be irrigate: up to 78 acres.
c. Legal description of acreage to be irrigated: A portion of Sections
'1.'i-.,1.3 and 14, T.5 S., R. 99 W.,6h P.M.
2. If non-irrigation, describe purpose fully: Recreational, wildlife use
adjacent the reservoir, augmentation, and piscatorial.
C. Applicant shall not put water stored in the reservoirs to augmentation use
other than as approved under this Decree without first obtaining proper judicial
or administrative approval for such additional augmentation uses.
Crss No.01 CW 373 -15-FINDINCS, Rt-,t-txc & Dtcnrr
,o
C. Note: Applicant has withdrawn its claims related to the Cannon Ditch 1"
Enlargement, Priority No. 101, also decreed in CA 103 on May 11, 1889, District
Court, Garfield County.
58. Proposed Change: Applicant owns at least 1.6 c.f.s. (50 percent) of the Cannon
Ditch - Priority No. 46 and at teiit O.+ c.f.s. of the Cannon Ditch 2nd Enlargement - Priority
181CC. Applican(s interests in the Cannon Ditch and Cannon Ditch 2nd Enlargement have
been historically used to irrigate 35.7 acres on Applicant's property.
Applicant seeks to change these Cannon Ditch water rights to quantify the
consumptirl-.rse associated with Applican/s use of these water rights, and make the
.or,rr-ptive-use available for augmlntation under the Plan for Augmentation decreed
herein ai I-G, below. Consumptive-use under Applicanf s Cannon Ditch water rights was
calculated by multiplying the irrigated area by net evapotranspiration demands for a hay
crop. The net evapoUanspiration is'1..62 acre-feet as calculated using the Blaney-Criddle
m"ihodology with adjustment for effective precipitation. Evapotranspiration occurs during
the irrigation season, April through October. The maximum consumptive-use credits
claimed are 57.8 acre-feet per year ('1,.62 acre-feetx35.7 acres).
Consumptive-use credits willbe available to Applicant only when Applicant dries
up portions of the j5.7 acres historically irrigated by its Cannon Ditch water rights. The dry
up of formerly irrigated lands and consumptive-use credits will be tracked in accounting
sheets developed pursuant to the augmentation plan. The consumptive-use credits decreed
to the Cannon Ditch water rights, as changed, may be used for continued irrigation or used
in the augmentation plan, and any excess consumptive-use credits not used for these
purposes and therefore available in any year may be stored in the ponds and reservoirs
dCscfitteafm Pait5 t - DanAT-EEbove. Ftored exca'sd -onSum-ptivE-use ccreditS;wh-e
accounted for on forms acceptable to the Division Engineer, shall be available to Applicant
for use in future years under the augmentation plan decreed below or otherwise. Applicant
will notify in writing the Division Engineer, Water Division No.5, each year by March 31
of the amount of acreage under the 35.7 acres that it will remove from irrigation during that
year, and demonstrate the location of the acreage on a map provided to the Division
Engineer with such notice. Applicant shall install adequate measuring devices requested
by the Division Engineer in order to administer the Cannon Dtch for irrigation and
consumptive-use credit calculation purposes.
Several of the ponds described in Part I-D above are located on portions of
Applicant's property that are historically irrigated, but will necessarily be removed from
irrigation through construction of the ponds. This acreage so removed from irrigation as
a result of construction of the ponds described in Part I-D is not irrigated acreage for which
o
Case No.01 CW 373 -17-FINotNcs, Rlr-txc & Decnee
A. Augmentation of CNR Ponds:
when augmented under this plan for augmentation, the CNR Pond Nos.
1-10 will be kept full by flow-through diversions under the junior ditch-
enlargements decreed herein. The use of the flow-through water will result in
evaporative depletions to the sheam system. Accounting sheets developed for
this augmentation plan calculate evaporative losses using the total water surface
area of the ponds multiplied by the net evaporation losses. The net evaporation
losses per surface acre have been calculated by Applicant's engineer to be:
Net Evaporation
The maximum annual depletion from the 1,5.341acres of water-surface area
of the ten ponds is 38.81 acre-feet per year. Evaporative losses will be replaced
with releases from CNR Ponds Nos. 1-10 and/or CNR Reservoirs Nos. 1 & 2 to
Brush Creek at a point physically above any water rights owned by others
downstream. The CNR Ponds Nos. 1-10, individually or collectively, may
simultaneously serve as augmentation strucfures for themselves and the other
water rights augmented in this plan, and continue flow-through diversions
necessary for their piscatorial uses, so long as replacement water is available from
one or more of the augmentation sources decreed herein to replace out-of-
prtodSevaporativertepletions+esulting-frem+he,flow-threugh diversions into
the CNR Ponds. In the alternative or in addition, evaporative losses may be
replaced using the consumptive-use credits deseed herein to Applican(s interest
in the Cannon Ditch. Only out-of-priority depletions from ponds actually
conshucted and diverting shall be required to be replaced.
1. CNR spring No. 1: The spring is decreed for wildlife, livestock
watering, domestic and commercial uses. These uses will include in-house
domestic, commercial and dog kennel demands at the ranch maintenance
building.
a. The facility at full build out will have up to 10 employee beds
usin g 65 ga V day / person. wa stewa ter from these domes tic u ses will
B.
Month Ian Feb Mar Aor Msy IcE Iul ec gcp Oct Nov Dec Total
Net Evap. (ft)0.023 0.0{5 0.10 0.22 0.31 0.43 0.42 0.35 0.zs 0,14 0.06 0.027 2.375
Case No.01 CW 373 -79-FINDIxCS, RUI-INc & DecneE
o
c. Diversions for irrigation of 500 square feet are estimated to be
0.02 acre-feet annually. Assuming 80 percent irrigation efficiency,
irrigation depletions will be 0.02 acre-feet annually.
d. At full build out, annual diversions for all decreed uses from Elk
Cabin Spring are estimated to average 0.19 acre-feet, resulting in
annual depletions of 0.09 acre-feet. Depletions will be calculated
in accounting forms acceptable to the Division Engineer, and
actual diversions will be metered.
The CNR Springs will be augmented using releases from the CNR Ponds
Nos. 1-10, CNR Reservoirs Nos. 1 & 2, and/or the consumptive-use credits
decreed herein to Applicanf s interest in the Cannon Ditch. Only out-of-priority
depletions from these springs shall be required to be replaced.
C. Auqmentation of CNR Wells:
1. CNR Office Well: This well is decreed for domestic, irrigation,
livestock watering and commercial uses. These uses will include use at and
around the Welcome/Office Center to meet in-house domestic demands of
guests and employees, up to 15,000 square feet of irrigation, and livestock
watering demands for the horse stables.
a. Domestic guest water use is estimated to average 50 persons/day
using 10 gaVeach. Employees are estimated to average 5/day using
30 gaVeach. Diversions for in-house demands are estimated to
avera gE68O $a7-Iay. Wastewa ter witrbe di-posed.fu sin g a se p
tank and leach-field system. Depletions from these uses are
assumed to be 10 percent of diversions. Annual diversions for
domestic uses are estimated tobe0.76 acre-feet, resulting in annual
depletions of 0.08 acre-feet.
b. Diversions and depletion from livestock watering are estimated
at 15 animals using 10 gaVday each, which will be treated as 100
percent consumptive. Annual diversions and depletions for
livestock watering purposes are estimated to be 0.17 acre-feet.
c. Diversions for irrigation of 15,000 square feet are estimated to be
0.70 acre-feet annually. Assuming 80 percent irrigation efficiency,
irrigation depletions will be 0.56 acre-feet annually.
C,rse No.01 CW 373 -2t-FINDINGS, RUT-xc & DECREE
DEED OF PERMANENT EASEMENTS
(SPECIAL WARRANTY)
THIS DEED OF PERMANENT EASEMENTS, made this day of
2o}_,between COLORADO NATURE RANCH, LP, a Colorado limited partnership whose address
is 4901 Vineland Road, Suite 650, Orlando Florida 32811 ("Grantor") arrd ORCHARD LAKE
LODGE, LLC, a Colorado limited liability company whose address is 4901 Vineland Road, Suite
650, Orlando Florida 3281 I ("Grantee").
KNOW ALL MEN BY THESE PRESENTS, that the Grantor, for and in consideration of
the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant, sell and convey unto said Grantee,
its successors and assigns:
a. A perpetual non-exclusive easement extending l5 feet on either side of the centerline
of that roadway, existing and in place, and extending fi'om the south boundary of the real property
owned by Grantee, which real property is more particularly described within Exhibit A, hereto
("Grantee Propefty"), over and across the real properly owned by Grantor, which real property is
more particularly described within Exhibit B ("Grantor Property"), hereto, to said roadway's
terminus at County Road 209, to provide vehicular and pedestrian access to the Grantee Property
together with the perpetual right to maintain, repair and replace the road surface contained therein
and to contract with third parties for the provision of said maintenance, repair and replacement;
b. A perpetual non-exclusive easement extending l5 feet on either side of the centerline
of that roadway, presently existing and in place, and extending from the south boundary of the
Grantee Property over and across the G'antor Property to said roadway's terminus at County Road
209, to provide for the installation, maintenance, repair and replacement of utilities, including but
not limited to, electrical and telephone transmission lines servicing the Grantee Property; and
c. Perpetual non-exclusive easements extending 10 feet on all sides of the water system
facilities, including but not limited to all wells, lines, storage tanks, treatment facilities and electrical
lines presently existing and in place within the Grantor Property, to provide domestic and irrigation
water to the Grantee Property, together with the perpetual right to maintain, repair and replace said
facilities and to contract with third parties for the provision of said maintenance, repair and
replacement.
TO HAVE AND TO HOLD THE SAME, together with all appurtenances and privileges
thereunto belonging, or anywise thereunto appertaining and all the estate, right, title, interest and
claim whatsoever of the said Grantor, whether in law or equity, in and to the Easements hereby
granted to the only proper use, benefit and behoove of the said Grantee, its employees, partners,
agents and invitees. Grantor, for itself, its successors and assigns, does hereby covenant and agree
Deed of Petmanent Easefirentfroru Nature Ranch to Orchard Lake Lodge
Page I
Exnrsrr
G
that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the
quiet and peaceable possession of Grantee, its successors and assigns, against all and every person
or persons claiming the whole or any part thereof, by, through or under Grantor.
IN WITNESS WHEREOF, Grantor has executed the within Deed of Permanent Easements
on the day and year first above written.
COLORADO NATURE RANCH, LP
a Colorado limited
By: Colorado Nature Ranch, Inc., a Florida corporation, its
General Partner
By,
Richard C. Kessler, President
STATE OF COLORADO )
)ss
corrNTY oF GARFTELD )
The above and foregoing document was acknowledged before me this day of
200_by Richard C. Kessler, President of Colorado Nature Ranch, Inc.,
a Florida corporation and General Partner of Colorado Nature Ranch, LP a Colorado limited
partnership.
Witness my hand and official seal.
Notary Public
My commission expires:
My address is:
Deed of Permanent Easernent from Noture Ranch lo Orchard Lake Lodge
Page 2
Lienholder Consent and Suborndination
The undersigned,being the owner of that deed of trust encumbering
the real property more parlicularly described within Exhibit B hereto and heretofore recorded in the
records of the Clert and Recorder of Gar'field County, Colorado on
-
in Book
-,
zt
Page _ and Reception No. ("Deed of Trust"), by execution hereof hereby consents
to the conveyances hereinabove set forth and hereby subordinates all right, title and interest in and
under the Deed of Trust to said conveyances.
Executed this _ day of
By
srATE OF COLORADO )
)ss
cor-rNTY oF GARFTELD )
The above and foregoing document was acknowledged before me this day of
, 200_ by
Witness my hand and official seal.
Notary Public
My commission expires:
My address is:
Deed of Perntanent Easemenlfrom Nature Ranch to Orchard Lake Lodge
Page 3
200
coLoRADO D|VIS|ON OF WATSESOURCES
DEPARTMENT oF NATU RATVsou ncTs
office Use onlv a trcws-45 (06/2000)
| 1313 SHERMAN ST, RM 818, DENVER, CO 80203
I phone - info: (303) 866-3587 main: (303) 866-3581 fax (303) 866_3589I http://www.water.state.co.us
I GENER/AL PURPOSE
, -,llater Well Permit Application
I Review instructions on reverse side prior to completing form.
I The form must be completed in black or blue ink or typed.
1. Applicant lnformation 6. Use Of Well (check applicable boxes)
Richard Kessler, Colorado Nature Ranch, Lp
c/o Colorado River Engineering, Inc.
Attach a detailed description of uses applied for.
I Induskial EI Other (describe): Domestic
I Municipal Per Decree 01CW373 - Domestic/Commslslal
E lrrigation Q.6l aflyr),Inigation I acre e.03 aflyl
ffi Commerciat Total Diversions 7.64 aflyr
Malllng aoqress
PO Box 1301
State
CO
ulry
Rifle
Zlp@de
81650
7. Well Data (proposed)Telephone# | E-mait (Oprionail
(970) 62s-4933 I Maximum pumping rate
112.2 gpm
Annual amount to be withdrawn
1.63 acre-feet2. Type Of Application (check applicable boxes)
n Construct new well E Use existing well
n Replace existing well EI Change or increase use
E Change source (aquifer) fl Reapplication (expired permit)
n other:
Total depth
2oo feet
Aquifer
Brush Creek Alluvium
8. Land On Which Ground Water Will Be Used
Legal Description (m:y be provided as an auachmeng: Up tO I aCfe in the
NWI/4, SEl/4, Sec 3, Twp 6 S, Rng 99 W, of the 6th P.M.
(f useO fgr crop irrigation, attach a scaled map that shows irrigatec, area.)
3. Refer To (if applicable)
wefl pemrr
26163s
Water Court €se #
0tcw373
Designated Basin Determination #Well name or #
CNRLodge Well
4.lqggliq4 Of Proposed Wett
{-;ounty
Garfield NE 1t4 otthe SW 1t4 #Aqes I B. Ownsr
I Colorado Nature Ranch, LP
A.
1.0+ion J Tilnship N or S
I o tra Range EorW I principalMeridian
ee trA lotl C. List any othtr rells or water rights used on this land:
See 01CW373, attachedDistanceofwellfromsectionlines(sectionlinesaretypieltynoffi
2400 Ft. rrom E N EI S 2$O Ft. from El E fl W 9. Proposed Well Driller License #(ootional):For replacement rells only - distane anO O
feet direction
10. Signature Of Applicant(s) Or Authorized Agent
The making of false statements nerein@
degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S.
244-104 (13Xa). I have read the statements herein, know the contents
thereof and state that they are true to my knowledqe.
well location address (lnclude city, state, zip) n check if weil address is same as in rtffi 1.
Colorado Nature Ranch,
0655 County Road 209, DeBeque, CO 81630
optionaI:GPSwelllocationinformationinUTMrormffi
required settings as follows:
*2?ru>
to/>q lob
Format must be UTM
D Zone 12 or E Zone 1 3
Units must ba Meters
Datum must be NAD83
Unit must be set to true rcrth
Was GPS unit checked for aboveZ fJ VeS
Easting
Northing
Remember to set Oatum to NAO83
y'l.4er Hr+Ves ,TEztt,uicr4*) t Cc*{
Office Use Only
USGS map nam6 D\A/Rmapno. I Surfacaelev.
5. Parcel On Which WellWill Be Located
(PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL}
Receipt area only
A. Legal Description (may be provided as an attachment):
NE1/4, SWl/4, Sec 3, Twp 6 S, Rng 99 W of the 6th p.M.
# of acres in pa
acres of32i
Wlllthis be the,
State Parcel lD#
a.
4o
L
C. omer
only well on this par€l?
optional):
r€l
|9+Colorado Nature Ranch, Lp
ENo (if no - tist orner weirsj
WE
WR
CWCB
TOPO
tvfYLAR
SB5 DIV- WD- BA- MD
- ExTr
H
BIT
'1
v J'o
Dtsrruct Count, WarpR Dtvrstotrt No. 5, Colonaoo
Court Address: 109 - 8'h Street,
Glenwood Springs, CO 81601
Colonaoo NATURE RaNcs, LP
in Garfield County, Colorado
Court Use OnL
Case No.:01, CW 373
Ftruowcs oF FAcr, RuuNc oF REFEREE, AND
]uocnauvr & Drcnrr oF WATER Counr
THIs uerrER came before the Court upon the Application, as amended, of
Colonaoo NarunE RANCH, LR for Surface Water Rights - Ditches (Part I-A, posf), Surface
Water Rights - Springs (Part I-8, post),Cround Water Rights (Part [-C, post),Storage Water
Rights - Ponds (Part I-D, posf), Storage Water Rights - Reservoirs (Part l-F., post), Change of
Water Rights (Part I-F, post), and Approval of Plan for Augmentation (Part I-G, posf). The
Applicant is represented by ScottBalcomb and Christopher L. Geiger of Balcomb & Green,
P.C.
The Water Judge for Water Division No. 5, State of Colorado, referred the
Application to the Water Referee in accordance with the Water Rights Determination €t
Administration Act of 1.969,10 Cot o. Rrv. Srer. ch.37, art.92 (2003).
The Water Referee has made such investigation as necessary to determine
whether the statements in the Application as amended are hue, is fully advised with respect
to the subject matter of the Application, and has consulted with the Division Engineer for
Water Division No. 5. As a result, the Water Referee makes, and he does hereby, the
following determinations and rulings as Referee in this matter:
Exnmrr
I
C,rse No.01 ClV 373 -1-FL\DINCS, Rut-b;c & Decnm
\
Y
I. Frlprlcs or Facr
1 Applicant, Cot-oRaoo NaruRp RTNCH, LP, filed an Application for Surface Water
Rrghfs, GroundWater Rights, StorageWater Rights, Change of Water'Rights, and Appriual of plan
for Augmentation on December 31,2001. By appropriaie motion to iubstitute applicant, the
name of the original Applicant was changed from Richard C. Kessler, a.k.a. Richard D.
Kessler, a principal in the corporate general partner, to CoLoMDo NATURE RaNCH, Lp, a
Colorado limited partnership, the owner of the real property upon which the water rights
and changes sought are situate. This motion was granted by the Court February g,Z1bZ.
2 The Application, following motion and a hearing was amended by Amendecl
Application t'or SurfaceWater Rights, GroundWater Rights, Stora{eWater Rights, Change of Water
Rights, and Apprusal of Plan for Augmentation, filed November 22, ZWZ. fn" Amended
Application was ProPerly published in the Resume for Water Division No. 5 for November,
2002.
3. Following the Roan Creek Brush Mountain Fire in June, 2003, the Amended
Application was amended by Second Amended Application for Surface Water Rights, Ground
Water Rights, Storage Watq Rights, Change of Water Rights, ind Approual of plan forAugmentation, dated and filed October 5,2m3. Following a mispubli.udo., in the Resume
for Water Division No. 5 for November 2003, the SecondAmendid Applicationwas properly
republished in the Resume for water Division No. 5 for December,2}}3.
4. All notices required by law have been mad.e, and the Court has jurisdiction of theApplication as amended and all parties in this matter.
5. As to the CNR Lodge well, CNR office well, CNR Fish Camp well, and CNRIrrigationWellNo.l, noneof thiwaterrightsorsources thereof involvedin thisApplication
are located within a designated ground water basin.
6. Statements of opposition to the Application were filed on behalf of Altenbern &
Sons, Bluestone Water Conservanry Distric! Kenneth P. Bohl, James H. Lake, and Town
of DeBeque. The time for filing additional statements of opposition has expired. Each of
these Opposers, except Opposer James H. Lake, has consenied to the entry of this Ruling
as evidenced by the stipulations on file with the Court. The terms of the stipulationl
between Applicant and the several Opposers are incorporated by reference into this Rulingand Decree.
7. With regards to OpposerJames H. Lake's participation in this case, the Applicant
filed on lvlarch 24,2005 a Motion for Entry of Ruling Within 20 Days notwithstaniing Mr.
C.,\SE No. 01 CIV 373 _)_FrNDINcs, Ru'rtxc & Drcnsr
Lake's refusal to enter a stipulation with Applicant. The grounds cited by Applicant-for
entry of this motion includ! the fact that Mi. Lake failed to participate in.any of the last
seven (7) status conferences scheduled before the Referee dating back to at leastJanuary 6,
2004. The Referee, noting the failure of James H. Lake to participate in the status
conferences in this.ur", ur,Jhis failure to respond to Applicanf s Motion for Entry of Ruling
Within 20 Days, has decided to enter this Ruling notwithstanding the absence of a
stipulation between Applicant and Mr. Lake.
B. The Application claims Surface Water Rights - Ditches (Part A), Surface Water
Rights - Springs (fart B;, Ground Water Rights (Part C), Storage Water Rights - Ponds (Part
O;] Storage frater Rights - Reservoirs (Part E), Change of Water Rights (Part F), and
Approval of Plan for Augmentation (Part G), as follows:
PartI-A
Ct"Rtu ron SuRracr WarsR RtcHrs - Drucuus
9. Narne of strucfures:
Bridges Hayes Ditch CNR Enlargement
CNR Lower Ditch
Kreps Ditch CNR Enlargement
Scott Ditch CNR Enlargement
Secluded Ditch
Legal description of each point of diversion:
A. Brid&es Hayes Ditch CNR Enlargement: NE/INE% Section 1,0,T.6 S., R.99
W., 6'n P.M. at a point 559 feet from ttre East Section line and 1,151 feet from the
North Section line.
B. CNR Lower Ditch: NE%SW% Section 24,T.65., R. 99 W., 6'n P.M. at a point
7,787 f.eetfrom the West Section line and 3,450 feet from the North Section line.
C. Iteps Ditch CNR Enlargement: SEINE% Section 36,T.5 S., R. gg W.,6'h
P.M. at a point 571 f.eet from the East Section line and 1,425 feet from the North
Section line.
D. Scott Ditch CNR Enlar&ement: SW:%SE% Section 31, T. 5 S., R. 98 W', 6'h
P.M. at a point 1,888 feet from the East Section line and 109 feet from the South
Section line.
A.
B.
C.
D.
E.
10.
C,rsr No.01 CIV 373 -3-FNDTNCS, Rtt.tNc & Dgcnee
E. Secluded Ditch: NE%SW% Section 37,T.5 S., R. 9g W., 6,n p.M. at a point
1,515 feet from the West Section line and 1,635 feet from the South Section line.
11. Source for all ditches: Brush Creek, a hibutary of Roan Creek, a tributary of the
Colorado River.
12. Date of initiation of aopropriation - all ditches: June 1,s, zoo'1,.
13. How appropriation was initiated:
A. CNR Lower Ditch: By application to beneficial use for irrigation of 28.7
acres/ and by field inspection and formation of intent to use water for other uses
sought herein.
B. Bridges Hayes Ditch CNR Enlargement. Kreps Ditch CNR Enlargement.
Scott Ditch . CNR Enlargement. and Secluded Ditch: Field inspectiLn and
formation of intent to use water. Scott Ditch CNR Enlargement ur,a CNR Pond
No. 5 field staked; other items topographically surveyed.
74. Date water applied to beneficial use:
A. CNR Lower Ditch: June lS,ZOO1,.
B. Bridges Haves Ditch CNR Enlargement. Kreps Ditch CNR Enlargement,
Scott Ditch CNR Enlargement. and Secluded Ditch: n/a
15. Amount claimed: 2.0 c.f.s., each.
76. Amount absolute: 2.0 c.f.s. for irrigation from CNR Lower Ditch.
17. Amount conditional: 2.0 c.f.s. each from all ditches for all proposed uses, except
for irrigation use decreed to CNR Lower Ditch as decreed absolute uuo"".
18. Use or proposed use:
A. If irrigation:
1. CNR Lower Ditch
a. Number of acres historically irrigated: 28.7.
b. Number of acres proposed to be irrigated: 30.0.
c. Legal description of acreage: ElzNtN% Section 25, and the
EyrSW% of Section 24, all in T. 5 S., R. 99 W., 5'h p.M.
C,rse No. 0l CW 373 FIi,:ollcs, Rultrc & Drcnrr
'1
2. Secluded Ditch
a. Number of acres historically irrigated: 0.0
b. Number of acres proposed to be irrigated: 12.0-
c. Legal description of acreage: SEl'l4SW1'/4 and the SW7/4587/4,
Section 31,T.5 S., R. 98 W.,6'h P.M.
B. If non-irrigation. describe purpose fully: All of the above ditches will serve
as supply souries for ponds and reservoirs described hereinafter, wildlife and
piscatorial. In addition, the CNR Lower Ditch and Secluded Ditch will also be
used for irrigation.
1,9. fue there other water rights diverted through these structures?: Yes. The new
ditch enlargement rights used to fill the ponds and reservoirs have existing irrigation rights
carried through the same ditches.
Part I-B
Cr-awt roR Sunrnce WaruR RIcurs - SpRmcs
20. Name of structures:
A. CNR Spring No. 1
B. CNR Spring No.2
C. Elk Cabin Spring
2L. Legal description of each point of diversion:
A. CNR Spring No. 1: NW%NE% Section 24,T.6 S., R. 99 W', 5'h P.M. at a point
1,850 feet from the East Section line and'1,217 feet from the North Section line.
B. CNR Spring No. 2 : SrN%SE%section "J.1.,T.6 S., R. 99 W., 5'h P.M. at a point
1,551 feet from the East Section line and287 feet from the South Section line.
C. Elk Cabin Spring: NE%NE% Section 2,T.6 S., R. 99 W., 6'n P.M. at a point
905 feet from the East Section line and727 feet from the North Section line.
22. Source: Springs tributary to unnamed creeks that are hibutary to Brush Creek.
23. Date of initiation of appropriation: June 15,2001,
CasE No. 01 CW 373 -5-FnrprNcs, Rut-tNc & Dacner
nt_/
21. How appropriation was initiated:
A. CNR SPrings Nos. 1 & 2: Field inspection and formation of intent to use
water.
B. Elk Cabin Spring: Diversion of water and application to beneficial use.
25. Date water applied to beneficial use:
A. CNR Springs Nos. 1 & 2: n/a
B. Elk Cabin Spring: June '1.5,2001, (historically used to supply existing cabin
and livestock watering).
26. Amount claimed:
A. CNR Spring No. 1: 0.034 c.f.s., conditional,
B. CNR Spring No. 2: 0.034 c.f.s., conditional,
C. Elk Cabin Spring:
1. 0.0017 c.f.s., absolute as to livestock watering, domestic.2. 0.01 c.f.s. conditional as to livestock watering, wildlife and
domestic.
27. Use or proposed use:
A. If irrigation:
1. Number of acres historically irrigated: n/a.
2. Number of acres proposed to be irrigated: approfmately 5ffi
square-feet under Elk Cabin Spring, none under CNR Springs Nos. 1 & 2.3. Legal description of acreage: NE%SE% Section 2,T.6 S., R. 99 W.,
6'h P.M.
B. If non-irrigation. describe purnose fully:
1. CNR Spring No. 1: Wildlife use adjacent the spring, livestock
watering, domestic, commercial.
2. CNR Spring No. 2: Wildlife use adjacent the spring, livestock
watering, and commercial.
3. Elk Cabin Spring: Domestic, commercial, wildlife use adjacent the
spring, irrigation and livestock watering.
C.rsE No. 0l CW 373 Ftxprxcs, RuLr.r-c & Drcner
Part I-C
Cr-alra roR GnouNo WarrR RrcHrs - Wells
Narne of strucfures:
A. CNR Lodge Well
B. CNR Office Well
C. CNR Fish Camp Well
D. CNR lrrigation Well No.l.
Leeal Description:
-
A. CNR Lodge Well: NE%SW% Section 3,T.6 S., R. 99 W.,5'h p.M. at a point
2,830 feet from the East Section line and 380 feet from the North Section line.
B. CNR Office Well: NE%SW% Section 24,T.6 S., R. 99W.,6e p.M. at a point
3,286 feet from the East Section line and7,78O feet from the South Section line.
C. CNR Fish Camp Well: NW%SW% of Section 31, T.5 S., R.98 W.,5,h p.M. at
a point 890 feet from the West Section line and 2,3N feetfrom the South Section
line.
D. CNR Irrigation Well No. 1.: NW%SW% Section 31, T.5 S., R.98 W.,5,h p.M.
at a point 797 f.eet from the West Section line and 2,383 feet from the South
Section line.
3U. - -murce=a[_rcUs: Groundwater tributar], to Brush Creek.
31. Depth: 200 feet, proposed.
32. Dates of initiation of appropriation:
: June 75,2001,
B. CNR Fish Camp Well and CNR Office Well: August Zg,Z0Oz
33. How aPProPriation was initiated - all wells: Field inspection, formulation of
water use plan, and formation of intent to use water.
34. Date water applied to beneficial use - all wells: n/a.
28.
29.
A.
C.rsr No.0l CW 373 -7-FnDtxcs, Rurtxc & DrcRpr
35. Amount claimed: 0.250 c.f.s., each, conditional.
36. Use or proposed use:
A. CNR Lodge Well:
1. If irrigation:
a. Number of acres historically irrigated: n/a.
b. Number of acres proposed to be irrigated: up to 1 acres
c. Legal Description of acreage: Up to 1 acre in the NW1/4SE1/4,
Section 3,T.6 S., R. 99 W., 6'h P.M.
2. Ifnon-irrigation,describepurposefully:Domesticandcommercial.
B. CNR Office Well:
1. If irrigation:
a. Number of acres historically irrigated: ry'a
b. Number of acres proposed to be irrigated: up to 15,000 square
feet
c. Legal description of acreage: Up to 15,000 square feet in the
NW1/4S81/4,5.24, T. 6 S., R. gg W., 5'h p.M.
2. If non-irrigation, describe purpose fully: Domestic, cornmercial,
livestock watering.
C. CNR Fish Camp Well:
1. If irrigation:
a. Number of acres historically irrigated: ry'a
b. Number of acres proposed to be irrigated: up to 15,000 square
c. Legal description of acreage: Up to 15,000 square feet in the
NW1/4SW1/4, Section 3'1,T.5 S., R. 98W.,6'h P.M.
2. If non-irrigation, describe purpose fully: Domestic and commercial.
D. CNR Irrieation Well No.1:
1. If irrigation:
a. Number of acres historically irrigated: ny'a
b. Number of acres proposed to be irrigated: up to 10 acres
c. Legal description of acreage: up to 10 acres in SE%NE% of
Section 36,T.5 S., R.99 W., and WYzof Section 31,T.5 S., R. 981,V.,
5,h P.M.
2. If non-irrigation, describe purpose fully: ry'a
Crsr No.0l ClV 373 -8-FITDNCS, RuttNc & Decner
o
38.
39.
37.Remarks: CNR Lodge Well, CNR Office Well, CNR Fish Camp Well, and CNR
Irrigation Well No,l will be constructed in the alluvium, located within 100 feet of Brush
Creek and considered as causing instantaneous depletions for administration purposes.
Part I-D
Cr"cnvl FoR SToMGE WATER RlcHrs - Pot tps
Name of reservoirs: CNR Ponds Nos. 1 through 10.
Leeal descriotions:+
A. CNR Pond No. 1:SWYqSE% Section 1'1.,T.6 S., R. 99 W., 5'n P.M. at a point
2,573 f.eetfrom the East Section line and 370 feet from the South Section line.
B. CNR Pond No. 2:StN%SB%section'!7,T.5 S., R. ggW.,5'h P.M. at a point
2,240 f.eetfrom the East Section line and 510 feet from the South Section line.
C. CNR Pond No. 3: SW%SE% Section 1'1.,T. 5 S., R. 99 W., 5'n P.M. at a point
2,490 f.eetfrom the East Section line and 920 feet from the South Section line.
D. CNR Pond No. 4: SW%NW% Section 'I-.1,T.6 S., R. 99 W., 6'n P.M. at a point
1,220 feetfrom the West Section line and2,540 feet from the North Section line.
E. CNR Pond No. 5: NE%NE% Section 1.0,T.6 S., R. 99 W., 6'n P.M. at a point
AS feet from the East Section line and 535 feet from the North Section line.
F. CNR Pond No. 6: SW%SE% Section 3,T.5 S., R. 99 W.,5'n P.M. at a point
2,055 feet from the East Section line and'1.,290 feet from the South Section line.
G. CNR Pond No. 7:SE%SW%section 3-1,,T.5 S., R. 98 W.,6'h P.M. at a point
2,720 feet frorn the East Section line and 220 feet from the South Section line.
H. CNR Pond No.8:SE]%S[N% Section 31., T.5 S., R.98 W.,5'n P.M. at a point
3,075 feet from the East Section line and 1,,025 feet from the South Section line.
I. CNR Pond No. 9: SE%NE% Section 35,T.5 S., R. 99 W.,6'^ P.M. at a point
285 feet from the East Section line and 1,910 feet from the North Section line.
I CNT{ Pond No. 10: SE%NE% Section 36,T.5 S., R. 99 W., 5'n P.M. at a point
475 feet from the East Section line and 1,780 feet from the North Section line.
C,rse No.01 CW 373 -9-Frtprscs, Rt trxc; & DECREE
A. CNR Ponds 1 through 4: Bridges Hayes Ditch CNR Enlargement, 2.0 c.f..s-,
as decreed in Part I-A above.
B. CNR Ponds 5 and 6: Scott Ditch CNR Enlargement, 2.0 c.f.s., as decreed in
Part I-A above.
C. CNR Ponds 7 and 8: Secluded Ditch,2.0 c.f.s., as decreed in Part I-A above.
D. CNR Ponds 9 and 10: Kreps Ditch CNR Enlargement, 2,0 c.f .s., as decreed
in Part I-A above.
41,. Source - all ponds: Brush Creek.
42. Dates of appropriation - all ponds:
The volume of many of the ponds was increased from the original Application
by either the First Amended Application or the Second Amended Appiication, or both.
Therefore, most of the subject water rights have multiple appropriation dates, in accord
with their increased volumes in the amended applications. The total amount claimed for
each pond is the sum of the amounts listed under each below, and is specifically set forth
in Paragraph 45 below.
A. CNR Pond No. 1:
1. June 15, 2O01lor Z. acre-feet
2. August 28,2002 for 14.0 acre-feet
B. CNR Pond No.2:
1. lune 15,2001 for 2.4 acre-feet2. August28,2002for24.6acre-feet
C. CNR Pond No. 3:
1. fune 15,2001. for 5.6 acre-feet
2. August 28,zCfJlZ for 8.4 acre-feetD. CNR Pond No. 4:
1.June 15, 2001 for 5.6 acre-feet.2. August 28,2002 for 10.8 acre-feet
C.rse No.0l CIV 373 -10-FINDINGS, Ru,rwc & Decnre
E. CNR Pond No.5:
1. June 15,2001 for 8.0 acre-feet
2. August 28,2002 for 14.7 acre-feet
F. CNR Pond No. 6:
1. |une L5,2001 for 8.0 acre-feet
Z. August28,2C0Zfor21,.74acre-feet
3. June 4,2003 for 2.0 acre-feet
G. CNR Pond No. 7:
l. )une 15,2001. for 8.0 acre-feet
2. August 28,2A02 for 8.4 acre-feet
H. CNR Pond No. 8:
l. |une 15, 2001 for 8.0 acre-feet
2. August 28,2002 for 3.9 acre-feet
I. CNR Pond No. 9:
l. |une 15,2001 for 4.1 acre-feet
L CNR Pond No. 10:
1. june 15,2001 for 1.12 acre-feet
43. How appropriation was initiated: Field inspection, formulation of water use
plan, and formation of intent to use water.
4+. Date water applied to beneficial use: n/a.
45. Amounts Claimed and Sizes of Ponds:
A. CNR Pond No. 1:
1. Amount claimed: 16.4 acre-feet conditional, of which 5.4 acre-feet
is dead storage.
2. Surface area at high water line: 1.25 acres
3. Length of dam in feet: 425
4. Maximum Height of dam in feet: 10
B. CNR Pond No. 2:
1. Amount claimed: 27 .0 acre-feet conditional, of which 6.0 acre-feet
is dead storage.
C,\sE No.01 CW 373 -11-Fwor,rlcs, RLt-rxc; & Decner
C.
D.
E.
F.
2. Surface area at high-water line: 3.0 acres3. Length of dam in feet: 550
4. Maximum Height of dam in feet: 10
CNR Pond No. 3:
1. Amount claimed: 14.0 acre-feet conditional, of which 5.0 acre-feet
is dead storage.
2. Surface area at high-water line: 1.0 acre
3. Length of dam in feet: 3804. Maximum Height of dam in feet: 10
CNR Pond No. 4:
1. Amount claimed: 15.4 acre-feet conditional, of which 5.4 acre-feet
is dead storage.
2. Surface area at high-water line: 1.25 acres3. Length of dam in feet: 380
4. Maximum Height of dam in feet: 10
CNR Pond No. 5:
1'. Amountclaimed: 22.7 acre-f.eetconditional, of which 4.78 acre-feet
is dead storage.
2. Surface area at high-water line: 2.57 acres3. Length of dam in feet: 650
4. Maximum Height of dam in feet: 10
CNR Pond No. 6:
1, Amountclaime*.iLi4acre-{eetesnditisnal,efwhics?6zaere-fuet -
is dead storage.
2. Surface area at high-water line:4.20 acres3. Length of dam in feet: 9254. Maximum Height of dam in feet: 10
G. CNR Pond No. 7:1. Arnount claimed: 76.4 acre-feet conditional, of which 5.4 acre-feet
is dead storage
2. Surface area at high-water line: 1.25 acres3. Length of dam in feet: 4254. Maximum Height of dam in feet: 10
Crse No. 0l ClV 373 -t2-FrNDrxcs, Rultl;c & Decnrt
H. CNR Pond No. 8:
1. Amount claimed: 11.9 acre-feet conditional, of which 3.9 acre-feet
is dead storage.
2. Surface area at high-water line: 0.9 acres
3. Length of dam in feet: 350
Maximum Height of dam in feet: 10
I. CNR Pond No. 9:
1. Amount claimed: 4.1 acre-feet conditional, of which 0.55 acre-feet
is dead storage..
2. Surface area at high-water line:0.56 acres3. Length of dam in feet: 3504. Maximum Height of dam in feet: 10
J. CNR Pond No. 10:
1. Amountclaimed: 1.'l,2acte-feetconditional,ofwhichl.l2acre-feet
is dead storage.
2. Surface area at high-water line: 0.25 acres3. Length of dam in feet: 50
4. Maximum Height of dam in feet: l0
Use - all ponds:
A. If irrisation: n/a
B. If non-irrigation describe purpose fully: Piscatorial, recreational, wildlife
uSe adiacent to the pbnds, and augmentation. Wateiitored in the pondslhall
not be used for augmentation purposes other than as approved in this Decree
without first obtaining proper judicial or administrative approval for such
additional augmentation uses.
Part I-E
CLarvr FoR SToRAGE WATER RtcHrs - Rrsrnvons
Names of reservoirs:
A. CNR Reservoir No. 1
B. CNR Reservoir No.2
4.
46.
17.
C,rsr No.0l CW 373 -13-FINDINCS, Rr-rtttrc & DECREE
o
48.
f,
Legal description of Reservoirs:
A. CNR Reservoir No. 1: SE%SW% Section j
point 1.,995 feet from the West Section line and
line.
B. CNR Reservoir No.2: NW%NE% Section
point 1,890 feet from the East Section line and
line.
o
24, T. 6 S., R. gg W .,6'h P.M. at a
1,115 feet from the South Section
.14,T.6 S., R. ggW.,6'h P.M. at a
.675 feet from the North Section
49.
reservoir. and legal description of each point of diversion
A. CNR Reservoir No. 1: CNR Lower Ditch, 2.0 c.f.s., as decreed in Part I-A
above.
B- CNR Reservoir No.2: Bridges Hayes Ditch CNR Enlargement,2.0 c.f.s., as
decreed in Part I-A above.
50. Source: Brush Creek
51. Date of appropriation:
The volume of CNR Reservoir No. 2 was increased from the original Application
by the First Amended Application. Therefore, this water right has two appropriation dates
in accord with the increased volume. The total amount cliimed for CNR Reservoir No. 2js the susr sf the +mountrlisted-r*nder thirreservoiu and is specific-allyset forth ir-
Paragraph 54 below.
A. CNR Reservoir No. 1:
1. June 15, 2001, for 8.0 c.f.s.
B. CNR Reservoir No.2:
1. June 15, 2001, for 8.0 c.f.s.2. August 28,2002 for 37.0 c.f.s.
52- How aPpropriation was initiated: Field inspection, formulation of plan of water
use and formation of intent to use water.
53. Date water applied to beneficial use: n/a.
Casr No.01 CW 373 - 1.1-Fnrroncs, Rurnc & Decnee
54.Amounts claimed and sizes of res-ervoirs:
A. CNR Reservoir No. 1.:
1. Amount Claimed: 8.0 acre-feet, conditional; no dead storage.
2. Surface area at high waterline: 1.0 acre
3. Length of Dam in feet: 350
4. Maximum height of dam in feeh 10
B. CNR Reservoir No.2:
1. Amount Claimed: 45.0 acre-feet, conditional; no dead storage.
2. Surface area at high waterline: 3.0 acres
3. Length of dam in feet: 850
4. Maximum height of dam: 10
Use:
A. CNR Reservoir No. 1:
1.If irrigation:
a. Number of acres historically irrigated: 0.0
b.Total number of acres proposed to be irrigated: up to 30 acres.
c. Legal Description of acreage to be irrigated: E%NW%Section2S
ana E/rSW% of Section 24,T.5 S., R. 99 W.,6'h P.M.
If non-irrigation, describe purpose fully: Recreational, wildlife use
55.
2.
B.
adjacent the reserwoir, augmentation, and piscatorial.
CNR Reservoir No. 2:
1; - tfiffigatlon:
a. Number of acres historically irrigated: 0
b. Number of acres proposed to be irrigate: up to 78 acres.
c. Legal description of acreage to be irrigated: A portion of Sections
't'!.,'13 and 14, T. 5 S., R. 99 W.,5h P.M.
2. If non-irrigation, describe purpose fully: Recreational, wildlife use
adjacent the reservoir, augmentation, and piscatorial.
C. Applicant shall not put water stored in the reservoirs to augmentation use
other than as approved under this Decree without firstobtaining proper judicial
or administrative approval for such additional augmetrtation uses.
C.rsr No.01 CW 373 -15-FINDINCS, RIT-IXC & DECREE
,
57.
56 OPeration: CNR Reservoir Nos. 1 & 2 are entitled to one fill in priority each year.
These reseryoirs will not be refilled or freshened with water flowing ttuough them. The
reservoirs are not augmented strucfures under the Plan for Augmentation described in Part
I-G below.
Part I-F
Ct-aru FoR CHANGe or WRruR RrcHr
A. Cannon Ditch - Priority 4G:
1. Date entered: May 11, 1889
2. Case No.: CA 103
3, Court: Dstrict Court, Garfield County4, Decreed point of diversion: A point whence the Northwest corner
of section 24, Township 5 south, Range 99 west of the o'h p.M., bears N.
28"45'W. a distance of 4155 feet.5' Decreedsource:BrushCreek,akibutarytoRoanCreek,atributary
to the Colorado River.
6. Appropriation Date: June 3, 18857. Amounl 3.2 c.f.s, of which 1.5 c.f.s. is
decree.
8. Decreed Use: Irrigation
the subject of this change
f.. DateenteredlJanua4z 1,1,19322. Case No.: CA 31023. Court: Diskict Court, Garfield County4. Decreed point of diversion: A point whence the Northwest corner
of section 24, Township 5 South, Range 99 west of the 6,h p.M., bears N.
28"45'W. a distance of 4155 feet.5. Decreed source: Brush Creek, a tributary to Roan Creek, a tributary
to the Colorado River.
6- Appropriation Date: February 7,1,924
B.
7.
decree.
8.
Amount: 5.55 c.f.s, of which 0.4 c.f.s. is the subject of this change
Decreed Use: lrrigation
Case No.01 ClV 373 -1,6-Flr.oncs, RLt-rxc & Dpcnrr
I
I o
C. Note: Applicant has withdrawn its claims related to the Cannon Ditch 1"
Enlargement, Priority No. 1.01, also decreed in CA 103 on May 11, 1889, District
Court, Garfield County.
58. Proposed Change: Applicant owns at least 1.5 c.f.s. (50 percent) of the Cannon
Ditch - Priority No. 45 and at least 0.4 c.f.s. of the Cannon Ditch 2nd Enlargement - Priority
181CC. Appliian(s interests in the Cannon Ditch and Cannon Ditch 2nd Enlargement have
been historically used to irrigate 35.7 acres on Applicant's property.
Applicant seeks to change these Cannon Ditch water rights to quantify the
consumptirL-use associated with Applicanfs use of these water rights, and make the
co.rrrmptive-use available for augmentation under the Plan for Augmentation decreed
herein at I-G, below. Consumptive-use under Applicanf s Cannon Ditch water rights was
calculated by multiplying the irrigated area by net evapotranspiration demands for a hay
crop. The net evapobanspiration is'1..62 acre-feet as calculated using the Blaney-Criddle
methodology with adjustment for effective precipitation. Evapotranspiration occurs during
the irrigation season, April through October. The maximum consumptive-use credits
claimed are 57.8 acre-feet per year (1,.62 acre-feetx35.7 acres).
Consumptive-use credits willbe available to Applicant only when Applicant dries
up portions of the 35.7 acres historically irrigated by its Cannon Ditch water rights. The dry
up of formerly irrigated lands and consumptive-use credits will be tracked in accounting
sheets developed pursuant to the augmentation plan. The consumptive-use credits decreed
to the Cannon Ditch water rights, as changed, may be used for continued irrigation or used
in the augmentation plan, and any excess consumptive-use credits not used for these
purposes and therefore available in any year may be stored in the ponds and reservoirs
desCTibecl m ParE I - DanctT-E a5ove. Storetl exte55 -onsumptivE-use-crEditt wTen
accounted for on forms acceptable to the Division Engineer, shall be available to Applicant
for use in future years under the augmentation plan decreed below or otherwise. Applicant
will notify in writing the Division Engineer, Water Division No.5, each year by March 31
of the amount of acreage under the 35.7 acres that it will remove from irrigation during that
year, and demonstrate the location of the acreage on a map provided to the Division
Engineer with such notice. Applicant shall install adequate measuring devices requested
by the Division Engineer in order to administer the Cannon Ditch for irrigation and
consumptive-use credit calculation purposes.
Several of the ponds described in Part I-D above are located on portions of
Applicant's property that are historically irrigated, but will necessarily be removed from
irrigation through construction of the ponds. This acreage so removed from irrigation as
a result of construction of the ponds described in Part I-D is not irrigated acreage for which
Cass No.01 CW 373 -17-FINDINGS, RTIIXC & DTCNET
consumPtive-use credit resulting from dry up under Applicanf s Cannon Ditch water rights
is claimed under this Part I-F. Notwithstanding this fact, Applicant has agreed that it will
not seek the benefit of historical consumptive-use credits for any acreage dried up by
construction of the ponds.
Part I-G
Cmru FoR AppRovAL oF pmN ron Auclumvrarroru
Names of strucfures to be augmented:
A. CNR spring No. 1 and Elk cabin soring: As decreed at I-B above.
B.As decreed
at I-C above.
C. CNR Pond Nos. t through 10: As decreed at I-D above.
50. Water rights to be used for augmentation:
A. Cannon Ditch - Prioriff 46: See paragraph I - F.SZ.A,above
B. Cannon Ditch 2"d Enl. - priority 181CC: see paragraph I -F.s7.B,above.
C. CNR Pond Nos. 1 through 10: As decreed at I-D above.
ereeta$#ove;-
Consumptive-use credits decreed to the Cannon Ditch water rights described
above for augmentation uses, and[,/or storage releases from the water righ"ts decreed for
storage in this matter, will be utilized to replace out-of-priority depletionr from the CNR
Lodge lvell, CNR office Well, CNR Fish Camp lVell, CNR Spring No. 1 and CNR pond
Nos. 1 through 1.0, as explained below.
The Applicant may choose to implement this plan for augmentation
incrementally to achieve the most efficient use of its augmentation-wate. rrpply. Under
an incremental approach, Applicant may dedicate its augmentation supply tbJewer than
all of the augmented structures, and curtail diversions creating out-of-p;i;rity depletions
from strucfures not augmented at that time.
59.
67.
C..rsE No.0l CW 373 -18-Frxorxcs, Rur.rxc & DEcnEr
o
A. Au&mentation of CNR Ponds:
when augmented under this plan for augmentation, the CNR pond Nos.
1-10 will be kept full by flow-through diversions under the junior ditch-
enlargements decreed herein. The use of the flow-through water will result in
evaporative depletions to the sheam system. Accounting sheets developed for
this augmentation plan calculate evaporative losses using the total water surface
area of the ponds multiplied by the net evaporation losses. The net evaporation
losses per surface acre have been calculated by Applicant's engineer tobe:
Net Evaporation
The maximum annual depletion from the 15.34Lacres of water-surface area
of the ten ponds is 38.81 acre-feet per year. Evaporative losses will be replaced
with releases from CNR Ponds Nos. 1-10 and/or CNR Reservoirs Nos. 1 & 2 to
Brush Creek at a point physically above any water rights owned by others
downstream. The cNR Ponds Nos. 1-1O individually or collectively, may
simultaneously serve as augmentation structures for themselves and the other
water rights augmented in this plan, and continue flow-through diversions
necessary for their piscatorial uses, so long as replacement water is ivailable from
one or more of the augmentation sources decreed herein to replace out-of-
priolgwaporative clePletion"resulting frem the.flow+hretrgh diversions into
the CNR Ponds. In the alternative or in addition, evaporative losses may be
replaced using the consumptive-use credits decreed herein to Applicant's intirest
in the Cannon Ditch. Only out-of-priority depletions from-ponds actually
conshucted and diverting shall be required to be replaced.
B. Augmentation of CNR Springs:
1. CNR SPring No. 1: The spring is decreed for wildlife, livestock
watering, domestic and commercial uses. These uses will include in-house
domestic, commercial and dog kennel demands at the ranch maintenance
building.
a. The facility at full build out wilr have up to 10 employee beds
using 65 gaVday/person. Wastewater from these domestic uses will
Net Evap. (ft)
C.rse No.01 CW 373 -79-FINDINcS, Rut-tNc & Decnee
be disposed of using a septic tank and leach-field system.
Depletions from these uses are assumed to be 10 percent of
diversions. Annual diversions are estimated to be 0.728 acre-feet,
resulting in annual depletions of 0.073 acre-feet.
b. Hunting dogs will be boarded at an average 9 dogs/day using 5
gaVday each. Depletions from the dog-wateringuses are assumed
to be 100 percent of diversions. Annual diversions and depletions
are estimated to be 0.050 acre-feet.
c. The facility will include resrooms for off-site employees and a
Bame processing sink, with an estimated combined use of 360
gaUday. Wastewater from these commercial uses will be disposed
of using a septic tank and leach-field system. Depletions from these
uses are assumed to be 10 percent of diversions. Annual diversions
are estimated to be 0.,103 acre-feet, resulting in depletions of 0.40
acre-feet.
d.Total diversions are estimated to average 1.-1.82 acre-feet
annually. Depletions will be calculated in the accounting forms
using the actual, metered diversions. Total depletions are
estimated to be 0.16 acre-feet annually.
2. Elk Cabin Spring: This spring is decreed for wildlife, livestock
watering, domestic, commercial and irrigation uses. These uses will include
use at and around Elk Cabin to meet in-house domestic demands, up to 500
square feet oFirrigatiorr;-and livestock waterirrgdenrands; -
a. Guest water use is estimated to average 2 persons/day using 50
gallons each. Diversions for in-house demands are estimated to
average 1,00 gaUday. Wastewater will be disposed of using a septic
tank and leach-field system. Depletions from these uses are
assumed to be 10 percent of diversions. Annual diversions are
estimated to be 0.11 acre-feet, resulting in depletions of 0.01 acre-
feet.
b. Diversions and depletions from livestock watering (100 percent
consumptive) are estimated at 5 animals using 7O gaVday each.
Livestock watering diversions and depletions are estimated to be
0.06 acre-feet annually.
C.rsr No. 0l CW 373 -20-FINDINCS, RtrttNic & DEcnrt
o
c. Diversions for irrigation of 500 square feet are estimated to be
0.02 acre-feet annually. Assuming 80 percent irrigation efficiency,
irrigation depletions will be 0.02 acre-feet annually.
d. At full build out, annual diversions for all decreed uses from Elk
Cabin Spring are estimated to average 0.19 acre-feet, resulting in
annual depletions of 0.09 acre-feet. Depletions will be calculated
in accounting forms acceptable to the Division Engineer, and
actual diversions will be metered.
The CNR Springs will be augmented using releases from the CNR Ponds
Nos. 1-10, CNR Reservoirs Nos. 1 & 2, and/or the consumptive-use credits
decreed herein to Applicant's interest in the Cannon Ditch. Only out-of-priority
depletions from these springs shall be required to be replaced.
C. Au&mentation of CNR Wells:
1.
livestock watering and commercial uses. These uses will include use at and
around the Welcome/Office Center to meet in-house domestic demands of
guests and employees, up to 15,000 square feet of irrigation, and livestock
watering demands for the horse stables.
a. Domestic guest water use is estimated to average 50 persons/day
using 10 gaVeach. Employees are estimated to average 6/day using
30 gaVeach. Diversions for in-house demands are estimated to
av-era$eSSUgalday.Wastewater-willFedisposetlof usingasep
tank and leach-field system. Depletions from these uses are
assumed to be 10 percent of diversions. Annual diversions for
domestic uses are estimated to be 0 .76 acre-feet, resulting in annual
depletions of 0.08 acre-feet.
b. Diversions and depletion from livestock watering are estimated
at 15 animals using 70 gaVday each, which will be treated as 100
percent consumptive. Annual diversions and depletions for
livestock watering purposes are estimated to be 0.17 acre-feet.
c. Diversions for irrigation of 15,000 square feet are estimated to be
0.70 acre-feet annually. Assuming 80 percent irrigation efficiency,
irrigation depletions will be 0.56 acre-feet annually.
CASE No.0l CW 373 -21-FINDINGS, Ru.Tnc & DECREE
d. At full build-out, total annual diversions from the CNR Office
Well are estimated to average 1.63 acre-feet, resulting in total
annual depletions of 0.81 acre-feet. Depletions will be calculated
in accounting forms acceptable to the Division Engineer, and
actual diversions will be metered.
2. CNR Fish Camp Well: This well is decreed fordomestic, irrigation,
and commercial uses. These uses will include use at and around the
Branded Rock Village for in-house domestic demands of guests, a dining
hall, employees, and 15,000 square feet of irrigation
a. Guest facilities will be bunkhouse style. Guest water use is
estimated to be 50 gaVday per person and average 50 persons/day
May through October, and 20 persons/day November through
April. Employees are estimated to avera ge 6/day using 30 gaVeach.
In-house demands are estimated to average 3,180 gaVday during
May-October and 1,180 gaVday November-April. Wastewater will
be treated using septic tank and leach-field systems. Depletions
from these uses are assumed to be 10 percent of diversions.
Annual diversions for domestic and commercial use are estimated
tobe 2.45 acre-feet, resulting in annual depletions of 0.25 acre-feet.
b.Diversions for irrigation of 15,000 square feet will be 0.70 acre-
feet annually. Assuming 80 percent irrigation efficienry, irrigation
depletions be 0.56 acre-feet annually.
c- At full]uil+out, total annual dive+sions frern the€NRIish-
Camp Well are estimated to average 3.15 acre-feet, resulting in
total annual depletions of 0.80 acre-feet. Depletions will be
calculated in accounting forms acceptable to the Division Engineer,
and actual diversions will be metered.
3. CNR Lodge Welll The well is decreed for domestic, irrigation and
commercial uses. These uses will include use at and around the Orchard
Lake Lodge and cabin facilities for guest services, a dining facility, spa
room, and employees. The wellwill supply the in-house domestic demands
and up to 1 acre of irrigation.
a. Guest water use is estimated to average 48 personsr/day using
100 gaVeach. Employees are estimated to average 7t,day using 30
gaVeach. Diversions for in-house demands are estimated to
Casr No.01 CW 373 1a FhDrxcs, Rulttrtc & DrcRm
o o
avera8e 5,010 gaVday. Annual diversions for domestic and
commercial uses are estimated to be 5.51 acre-feet. Lodge
wastewater will be heated using septic tank and leach-field
systems. Depletions from these uses are assumed to be 10 Percent
of diversions. Annual depletions for domestic and commercial
uses are estimated to be 0.55 acre-feet.
b. Diversions for irrigation of one acre are estimated to be 2.03
acre-feet annually. Assuming 80 percent irrigation efficiency,
irrigation depletions will be "l'.62 acre-feet annually'
c. At full build-out, total annual diversions from the cNR Lodge
Well are estimated tobe7.64acre-feet, and total annual depletions
are estimated to be 2.18 acre-feet. Depletions will be calculated in
accounting forms acceptable to the Dvision Engineer, and actual
diversions will be metered.
The CNRWells will be augmented using releases from the CNR Ponds Nos'
1-10, CNR Reservoirs Nos. 1 E 2, and/or the consumptive-use credits decreed
herein to Applicant's interest in the Cannon Ditch. Only out-of-priority
depletions frbm these springs shall be required to be replaced.
annually) and storage releases ire sufficient to offset depletions above potential
-- downstream callhg Watcr rEhF.
E. This plan for augmentation does not account for out-of-priority depletions,
if any, asstciated with evaporation from the surface area of ditches connecting
the ionds and resetvoirs decreed herein, or returning water from such ponds
and reservoirs to the stream. Applicant intends that all such ditches will be piped
structures, and therefore not have any exposed surface area' To the extent that
any such ditches do expose water and are operated in a manner resulting in
adiitional out-of-priority evaporative depletions from their surface areas, the
Division Engineer muy ,.qrire additional replacement releases or order
curtailment of deliveries through such ditches to replace or prevent such out-of-
priority depletions.
D. Annual estimated depletions from the ten ponds, two springs, and try.""
wells benefitted by this ptan for augmentation total 42.84 acre'feet per year' The
consumptive-use crediis changed in the Cannon Ditch (up to 57.8 acre-feet
C.rsr No.01 CW 373 -23-Frr..otxcs, Rut-txc & Decnes
F. Applicant shall make reasonable efforts to ensure that silt does not
accumulate in the CNR Pond Nos. 1 - 10 and CNR Reservoir Nos. 1 & 2 to a level
that interferes with the diversion and outlet devices on these storage structures.
Applicant shall not be entitled to count any storage volume that is lost due to the
accumulation of silt in these storage structures as releasable storage for the
operation of this plan for augmentation.
G. The State or Division engineers may assess reasonable hansit losses based
on demonstrable physical stream conditions for replacement water releases
under this plan for augmentation. Nothing herein, however, shall prevent the
Applicant from challenging, through any available means including but not
limited to judicial determination of appropriate hansit loss values, any transit
loss assessed by the State or Division engineers.
H. A map of the property showing all structures is attached as Exhibit A hereto.
A map of the acreage on Applicant's property historically irrigated with the
Cannon Ditch water rights changed herein is attached as Exhibit B hereto. A
table demonstrating the estimated depletions and augmentation release
requirements is attached as Exhibit C hereto.
62. This water to be provided for augmentation is of a quality and quantity so as tomeet the requirements for which the water has been .rsud by senior downstream
appropriators, and therefore meets the requirements of Coro. REv. Srar. S 17-92-3OS(S)
(2002).
63.Name and address of owner of land on which all structures and application
Jeafi+res are lseated is+he-4ppliea+t, eobrado$futrre -Raneh; L?.
64. The Court has given due consideration to both of the Division Engineer's Lwo
Summaries of Consultation dated October 70,zm}and July 14, ZOO4. See Colo. REv. Srar.
537-92-302(4) (2002). A copy of each of these two Summaries of Consultation was properly
served on all parties to this action.
65. Applicant's plan for augmentation as amended is sufficient to permit the
continuation of diversions when curtailment would otherwise be required to meet a valid
senior call for water, because Applicant will provide adequate replacementwater necessary
to meet the lawful requirements of a senior diverter af the time and location and to the
extent that the senior would be deprived of his or her lawful entitlement by Applicant's
diversion.
C,rsE No. 01 ClV 373 -2+Frrorxcs, Rur_nc & DrcRee
66. The Court concludes Applicant has established that water can and will be
cliverted under the subject conditional water rights and will be beneficially used, and that
this water supply prolect can and will be completed with diligence and within a reasonable
time.
67. The changes of water rights described herein will not injuriously affect owners
of or persons entitled to use water under a vested water right or a decreed conditional
water right.
68. If operated in accordance with the terms and conditions of this Decree, the plan
for augmentation described hereinabove will prevent injury to senior vested or decreed
conditional water rights.
II. CoNcrustoNs or Lew
69. The foregoing FruoruGs oF Fecr to the extent they constitute legal conclusions
are incorporated in these CoNct usloNs oF LAw.
70. Notice of the Application as amended was properly given. The Court has
jurisdiction of the subject matter, the Application, and all Persons or entities who had
standing to appear whether they did so or not.
Zl. The Application as amended is complete and covers all applicable matters
required prrrr-r"r,t t o the Water Rights Determination €t Administration Act of 1969 , CoLo. REV.
Srar, ch. 37 art. 92 (?002).
72. Applicant has fulfilled all legal requirements for a decree for the requested water
rights, including Cot-o. REv, Srar. SS 37-92-302 and -305 (2002).
73. Applicant has fulfilled all legal requirements for a decree for the requested
change of water rights, including Cot-o. REv. Srar. SS37-92-302 and -305 (2002).
74.Applicant has fulfilled all legal requirements for a decree for the requested plan
for augmentation, including Cot-o. Rev. Srar. SS 37-92-302 and -305 (2002).
75. The conditional water rights decreed herein are individual components of
Applicant's integrated water supply system. Consequently, in subsequent diligence
pioceedings, *oik on any one feature of Applicant's supply system shall be considered in
finding that reasonable diligence has been shown in the development of water rights for
all features of Applicant's water supply system, seeCoLo. REV. SrAT. 537-92-301(4)O) Q002).
in the development of water rights for
C.rsE No.0l CW 373 FTNDINCS, Rt-ltxc & Drcnre
:,
76. The Application is in accordance with Colorado law. Applicant has fulfilled all
legal requirements for entry of a decree in this action.
III. Iupcunrur erup Drcnrr
77. The foregoing FtwotNGS oF Facr and Cor.ict-usloNs oF Law are incorporated
herein.
78. The Court hereby confirms and decrees the following conditional water rights,
changes of water rights and plan for augmentation:
A. Ditches: For CNR Lower Ditch, secluded Ditch, Bridges Hayes Ditch CNR
Enlargement, Scott Ditch CNR Enlargement, and Kreps Ditch CNR Enlargement,
all as fully described herein.
B. Springs: For CNR Spring No. 1, CNR Spring No. Z, and Elk Cabin Spring,
all as fully described herein.
c. wells: For CNR Lodge well, CNR office well, CNR Fish Camp well, and
CNR Irrigation Well No.1., all as fully described herein.
D. Ponds: For the CNR Ponds Nos. 1-10, all as fully described herein.
E. Reservoirs: For the CNR Reservoir Nos. 1 and 2, both as fully described
herein.
F. Changes of Water Rights: For the Cannon Ditch, Priority 46 and Cannon
Ditch 2"d Enl., Priority 181CC, as fully described herein, and thl Court approves
these changes subject to the conditions contained in this Decree.
G. Augmentation: The Plan for Augmentation as fully described herein, and
the Court aPProves this plan for augmentation subject to the conditions
contained in this Decree.
79. The Court hereby orders the State Engineer to issue any required well permits
for the wells decreed herein upon application to the state Engineer.
80. In accordance with Coro. Rsv. Srar. g 37-92-306 Q0A4, the conditional water
rights confirmed shall be administered in regard to other water rights based upon the filing
of the Application in the year 200'1,, except:
C,rse No. 01 CW 373 -26-Ftt\otxcs, RuLrNc & DecRnr
o o
1. CNR office Well - 0.250 c.f.s. for domestic, commercial,livestock
watering, and irrigation.
2. CNR Fish Camp Well - 0.250 c.f.s. for domestic, commercial and
irrigation.
3.CNR Pond No. 1 -14.0 acre-feet for recreational, wildlife'
au gmentation and Piscatorial.5. CNR Pond No. 3 - 8.4 acre-feet
augmentation and Piscatorial.6. CNR Pond No. 4 - 10.8 acre-feet for recreational, wildlife,
au gmentation and Piscatorial.
4. CNR Pond No. 2 - 24.6
augmentation and Piscatorial.7. CNR Pond No. 5 -
augmentation and Piscatorial.
8. CNR Pond No. 6 -
au gmentation and Piscatorial.9. CNR Pond No. 7 -
augmentation and Piscatorial'10. CNR Pond No. 8 -
acre-feet for recreational, wildlife,
for recreational, wildlife,
14.7 ase-feet for recreational, wildlife'
21,.74 acre-feet for recreational, wildlife'
8.4 acre-feet for recreational, wildlife'
3.9 acre-feet for recreational, wildlife'
augmentation and Piscatorial.11. CNR Reservoir No. 2 - 37.0 acre-feet for irrigation, recreational,
wildlife, augmentation and piscatorial.
4,20fl.3:
1. CNR Pond No. 6 - 2.0 acre-feet for recreational, wildlife,
augmentation and Piscatorial'
81. In consideration of the specific findings and conclusions made herein' and in
conformancewithCo1o.Rsv.Srer.i 37-92-304(6|QOOZ),asamended,thechangesof-water
rights and plan for augmentation decreed herein shall be subject to reconsideration by the
Water Judge on the qiestion of injury to the vested water rights of others for a period of
fiue years a"fter the .iaie on which Appiicant provides the Division Engineer and Court with
notice that 75 percent of the contemplated depletions under this plan for augmentation
have occurred. If no petition for reconsideration is filed within said five years, retention of
jurisdiction for this PurPose shall automatically expire'
C,.rss No.0l CIV 373 -27-FL\DINGS, Rut-txc & DEcnEr
A. The following water rights or the sPecified Pottions thereof shall--be
ud-i,.,irt"r.d bur"d[l*-.ilh.Tii* of thu A-rrrdrd Arrlitoti,' in the year 2002
each with dates of aPProPriation of August 28' 2002:
B. The fouowing shucture(s) shall be administered based uPon the filing oJ the
Second Amended Afulicatior'rn ltre year 2OO3 witt. a date of alProPnaAon of lune
Any party who wants the Court to reconsider a question of injury must file a
v'erified petition with the Court setting forth the facts causing such injury-anh explaining
the claimed ,ni*ry. A party filing such a petition shall have the burdenof going forward t6
establish prima facie the facts alleged in the petition. If the Court dnds those facts
established, Applicant s-hall thereupon bear the burden to show that: (a) any modificarion
sought by Applicant will avoi-d injury to other water rights, or (b) any modification soughtby petitioner is not required to avoid injury to othJr water righL, or (c) any term orcondition proposed by Applicant in response to the petition u*roi"d, i.jury io other waterrights.
82. In conformance with Cot o. REv. Srar. S 37-n-3OS(8), the State Engineer shallcurtail all out-of-priority diversions, the depletions from which are not so reflacecl as toprevent injury to vested water rights.
83: The Applicant shall install meazuring devices, provide accounting, and supplycalculationsregarding the timingof depletions is requireaUytn"Oivision Erfirnee, for theope-ration of this plan. The Applicant shall file an annual report with the Division Engineerby November 15 of each year summarizing the diversions and replacements under thisplan.
84' Before constructing and,/or oferating the subject wells pursuant to this plan foraugmentation, the Applicant shall obtain well permits isiued pursuant to CoLo. Rev. Srar.
S 37 -92-1,37 (2) and this plan for augmentation, iubject to and conditioned upon the rulingsand findings made herein. No such well permits shall be issued until Lnough of thedesignated CNR Ponds and Reservoirs have been constructed as needed to- providereplacement water, and filled with adequate replacement water, and written;";"; il;
table, an estimate of the-active capacity of the reservoir, a profi"le of the ,"r"*oi, showing
the elevation of inlet and ouflet st:uctures, and confumation that an operable and. lockablEoutlet structure has been installed, all as provided by statute.
85' The Applicant shall not construct a well or any structure which exposes or usesgroundwater without either a well permit or a surface-water right and a deteimination by
the Court that the structure is a near-surface skucture as definJd at Cor-o. Ruv. Sr,rr. $ 3l-
eo-103 (21xb).
85. The conditional water rights decreed herein shall be in tull torce ancl eftect until
theendof nscnBgn ,20l. l.lfApplicantwishestothereattermaintaintheconditional
rl'ater rights decreed herein, it shall file an application for a finding of reasonable cliligence
on or before that date, or make a showing on or before then thationditional lvater iigf,s
hav'e become absolute lvater rights by reason of completion of an appropriation.
C.isr-. No.0l C1!'373 -28-Ftsorlc;s, RuLn c; & Drt nr,r
87. Review of determinations made by the Division Engineer or the State Engineer
in the administration the subiect water rig(ts and./or ptan for augmentation are "lvater
rnatters" over which this Water Court has exdusive jurisdiction'
88. Pursuant to Rule g,lJnit'orm Local Rules, StateWater Cowt Diaisions'uPon the sale
or other transfer of the subject conditional right(s), the transferee shall file with the Division
5 lVater Court a notice of transfer which shall state:
ThetitleandcasenumberofthisCaseNo.0TCJi,l3TS;
The description of the conditional water right transferred;
The name of the transferor;
The name and mailing address of the transferee;
A coPY of the recorded deed'
The owner of the conditional water rights shall also notify the Clerk of the
Division 5 Water Court of any change in mailing uadr"*. The clerk shall place any notice
of transfer or.t uii. oi address in tire case file of Utit Case No. 01 CW 373 and in the case
file (if any) in whici the Court first made a finding of reasonable diligence'
It is accordingly ORpsRep that this Ruling of Referee and Judgment and Decree shall be
filed with the water Clerk and shall becoire effective upon srih fili.,g, subject to judicial
review pursuant to Cot o. Rev. Sr.tr. 937-92-3C4. (zCfJlZ)'
ft i, funiHsnOnoiRnb that a copy of this Rulin$ of Releree andfuetgmenrarrd Decreeshail
be filed with the State U"6r,""i ut d the Division Engineer for Water Division No' 5'
Dose at Glenwood Springs, Colorado, this do^y.f t\huemb€r' ,xow
Bv rHu REnr.Ren:
Ccpy of the foregoing mailed to all Cotrsel
of Record, U/ater Referae, Div. Engincd
and StatcEngidoate tl f zrlns
'ii,o,ii B'hL-,E,llaustla-L l-AM
i,1,,' llOs)
C.tsu Ntr.01 CIV 373
Lain Leoiiak,'
lVater Division
-29-FLr,lixcs, Ruttrc & Dtt'iit,t,
No protest to the foregoing Ruling of Referee were filed in this matter. The
foregoing Ruling of the Referee is therefore confirmed and approved, and is made the
Judgment and Decree of this Court.
Dorrrs this )-14(ot Aa.*- z&g*
ByrHr Cour,r:
.,.472n.(tZ-/aa
Copy of the fuegoing mailed to all Counset
of Record, Water Referee, Div.InoineerandStateEngin@
t-.rsc.\tt.01ClV 373 -30-FirDL\cs, RuLrxr, & DEi il.i,[
Tr
Exhibit
A
Pr) tt(]\ i1r)i !r GOUCnIOOR.ilc.c()t.oir NfrVen
,f" lli"l:..,ll:. \i3- e*ciNEERTNGFrr 910- nli..l16l C,nlEtT,'E"tg
atrt.. trr., ai.)todd.. M .&.!..vrs ba+c,trgrrlftb., l^aro lrd ltuEa .\:tqi, Pra,6 h
\\'ater Rights Location \lap i
2
Col()rJdo \ Jlr.lrc RJnah
Exhibit
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3.1ol
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Tabl6 10
Averag. Wator Diversions and Congumptive Use Oemandr
Colorado Naturo Ranch 'Gerlhld County, CO.
API MA\JUN JULI A(JG 5EP eiTreVl-ilEcf ANNUAr
0 43::t"n t-o,too 'Arl n+or .c'll ') 47;o tnl o 46'0€01,0.47;0 461 c 477 0 461
c 4!3 051 0 cc(01r0a c0(n L77,^N rLW! r!U! {..y9!vi -t ' riln .oam wil roul o'r7l 0.,(t1 0.a7,l 5f1 o.1n 0_t7{0.9!9r 0.11a!0 0.602 0.aa
010 c 11',0:o3l o
0cfi 0 c3sl 6 t4i 0.1;t r5t 0.(0 co{03
wt.r c-.^n wrU Tolrl soll 0-l t 0,10'0,1 t:0.1a7 0.404 0.431 0.4191 0.31 0. l4a 0.10!0-11
:NR Smrc 1 . Vant Btdq *'lt 0 c3r 0 c3:0 031 0 c3{0 c34l 0 j!!
0.05{cDe 0 00{0 621 0 C6i 0 c€i acd 0 c6(c1
a 00{D 00r 0 0€r 0 c to.{l o.mr 0 :c(n.c
0.091 0.10(0-!00i 0.097 0.1001 0.10(109'0.100,0-1 00
n c6:c c|e{0 065 0 cda 0 oti
:t.tR Clt6 wal ;n+ous .c:q ai:6!0 05{0 0€:
.l 01/
J.07i
!
0
c 01{01{l ,l lEi
\R Oto ri'll L,!tat6l e-'l 0 cl{001 001 0 01{
c ooc a c0(
0.071
0 69;
--\R Cl56 'att lmqius rc.i 0trc 0 cax o c 1/€1
0.07'0.071 t1!0,1 r2 0.21!0.196 0.1 0.12'0.071
0@(c c:c 0c(c 01(0 01(
0{{c 30!
0.004
01i:06ai ii:'4
UW:
o 001
0.011
cc0 i 0?.ilt;;=-mmdtfl etr i om(a cct 0 001 c 001 0mr
0.01:0,01,0 0.0'tt 0.0 1!0,
,"smnantla ac{ I 0.0.r:f.i!5.0t 7-0:5.f i 1.0.9!u rE.t
i;Ei- en I t.1.1 r.'.r +5t 6.5t t.l1 1.21 a77l 1.111 1.22
0 c.*c 561
:NR Lodoo nL0 ln*Pls acjl 0.(0 04I 0 04(0
0 00{
0.(xr
c 00c
0.o,atNR i ffi. Wel lm6um ac-t 0.00t 000 c9(0:4 0.i{1C 0
:NR Lodqr W.ll Totrl 0.04I 0.0,4{0.1!t 0.37r 0,/a
I
:NR Frrn CmP rlbr tn+ou$ e'tt 001 0 011 c 0r'c 02(C 00J c c1
Fiih Cmo v1&l imalon ac-fl 0 00(r 03'0 08i 0 1,41 3 09:
o.t0:I Flrh crm W.ll lotrl &fi 0 0.01(0_0t1 0.0.ll:0.t.:0.17 0.r2:0.091 0.065 0.olr 0.0
:NR scnm 1 - Manl Bldo acJt 0tr|3 0 003 0,::0 0!X 0 cm:c 00:0 c{(
INR Soim 1 . Employs Ho$,ng en , u !14 0 Jct n J06i c iar 00(I 0 cca 0{a 'JC{0 004 c 006
00{a
0.r6,iSiiilTooqiaa.im ac'n i om4:0.0c3(0 0 00431 c.004:
:NR sgrtng No1- !!.tt --,----0.01 1 0.01.0.0tr 0.01:0.01r 0.0 r 0.0 il 1/
0cfi
0.01.
0 ccr c0(0 co(0 co€o 0 orx 0 oo€0 coe 0 07{
0 01{0 011 0 01,0 01r 0 clr ac1 o 1F-l
0 00(0otr 0r 0 ,.1r 0 t41l 0 06i c 0 0c(
omc. Wcll Tol.l rc-ll 0.021 0.0t 0.02r 0.051 0.10:t3{O.IC2 0-114 0.05t 0,0 0.021 0.80:
c.001 I 0 01
tr Cem Sgrno tn-ltsu* ac'|1 cmil 06
4-ll i 004 0 0 Jo(0m:
hncJftifEl6 a€4 i_iQl 0 00:J0021 0(0 oca 0 u'o(
0.o.o08i 0.m7 0.00 0.0101 0.00!0.
7.0:a.tl {,01 0 0,4a1 36,ona gwomtfOn ac-il 0.3t
3,tar 7.7t 7.6t 4.51 2.St 0.51i 8+
SUMMARY OF INPUT OATA USEO II'I CALCULATING OEMANOS
Lodg. Guestt P6, oa't 46
ruast'Watot u$ ,'0O le/luesuoay
mplcy@s 7
Wal€r usa 30 g.cay
,!vc ln-ho!$ usr 10% ot o'vsspni
Are. a35@ rq i
GuarE pcr day Paal reasm 60 ,Ma) :ntu Ccl)
Gsstlt per day Off seascn l0 , iaor lhtu ltl)
;!6tt Wettr ux 50 galoLosuday
rlpioy@3 6
Wald us 30 gn/daY
,ov.ln-nq3s uSc 10"{ ct drvatrsa
Ar.o 15C@ sq n
80'76
& Wst6 FeDtura Surlacc \rca 16.3{1 3se5
Lodg" Gucll! Ps d.Y 50
iu€tl 'rvelff u$ 10 !aLlue.Ud.,
mpcleea 6
rrp olcs'//ald uro 3C ;1,::Y
sufiFlrv€ ln-nouac u5! '6-, 6i;rv6$inl
,crtcl un(t 15 '10 grd!.d
gated Acr 15CL'0 rc n.
,l.iiron En\lenL-y -ro"t
@ Bldg 360 :ar:s/dly (:'Erlfffi g p.E3s i'd)
tv! lrglouse usa lC% ct C.,er!,cnE
hourng 10
Waler qs a5 O&ciY
L.!Lcal.dandir,!;o.rl!\ 9 5;;
v, Gus3it P.r da, 3
VJ.t€r us. 50 ga'r5-erlca;
trva ln.hcls uso 1C9{ nl o d$o.t
unil! 5 :0 ;;o"-r
r,ig.lod A/ca 5CO :q n
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QUIT CLAIM DEED & ASSIGNMENT
THIS DEED & Assignment, made and entered into this
-
day of ,2006,
between COLORADO NATURE RANCH, LP, a Colorado limited partnership whose address is
4901 Vinetand Road, Suite 650, Orlando Florida 32877 (Grantor) and ORCHARD LAKE LODGE,
LLC, a Colorado limited liability company whose address is 4901 Vineland Road, Suite 650,
Orlando Florida 3281 (Grantee):
WITNESSETH
Grantor, for and in consideration of the sum of One Dollar and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, has remised,
released, sold, conveyed and QUIT CLAIMED and ASSIGNED, and by these presents does
remise, release, sell, convey and QUIT CLAIM and ASSIGN unto the Crantee, its successors
and assigns forever, all right, title, interest, claim and demand which the Grantor has in and to
the water rights, together with improvements, if any, situate, lying and being in the County of
Garfield and State of Colorado described as follows:
All of Grantors' interest, if any, in and to the following water rights more particularly described
within Exhibit A, hereto.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate,
right, title, interest and claim whatsoever, of the Grantors, either in law or equity, to the only
proper use, benefit and behoof of the Grantee, its successors and assigns forever.
IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth
above.
CoronRno NeruRn RANCH, LP,
a Colorado limited partnership
By Colorado Nature Ranch, Inc., a Florida
Corporation, its General Partner
Richard C. Kessler, President
By
Exurnrr
J
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing Quit Claim Deed for Water Rights & Assignment was acknowledged
before me this _ day of _,200_, by Richard C. Kessler, President of Colorado
Nature Ranch, Inc., a Florida Corporation and General Partner of Colorado Nature Ranch, LP, a
Colorado limited partnership.
Witness my hand and official seal.
My Commission expires:
Notarv Public
VVherr recorr-led. return to:
Balcc"rmb & Green. P.C.
PO Drawer 790
Glenwr:ic-rcl Springs, CO 81602
(970) 945-6i:.46 Altn; Sara Dunn
Page 2
)
)ss
)
Exnrur A
Description of Water Rights
CNR LODGE WELL
The CNR Lodge Well, decreed in Case No. 01CW373; District Court, Water Division 5,
State of Colorado for 0.250 c.f.s. (125 g.p.m.), conditional, for domestic, commercial and
irrigation of one (1) acre, with a date of appropriation of June L5, 2007; State Engineer's
Well Permit No.located within 100 feet of Brush Creek in the NE1/4
of the SW114, Section 3, Township 6 South, Range 99 West of the 6th PM at a point 2,830
feet from the East Section Line and 380 feet from the North Section Line of said Section
3.
435 NoRTH AVENUE I Pxone: <9'7o) 242-'rGlA I Fex: (97O) 243--1235 I Gnaxo JuNcrroN, CoLoRADo alsot
-_ ANALYTICAL REPORT _
CsI c:r';rda Ri ver Engi nee*r.i ng
Received from: {lhr i s; f"larrera , I'latt Ei I s.mn
PCt Br:r: 13rl I
Ri+1.e3" CO BIc;5{}
Ffi): ?70*383-1 145. :83-1 :14.d;, ?36-87ti5. pht:ne CrIS*4.9II
O J.HN c. KEPHART & co. O
GflANI JUNITION LA!ORAT!flIIS
Laboratory No.
-Sample
:5/ g i tt6
l.later
Custo.mer No.
Date Received
3i:13/t:tta
Date Reported
l'lessler Garage Doclrs.,
Cmlmradt: I'latr-rre F{arrch
"[.Je1 I perrni t- nc:. :I64E0A "
5ain6:1 e 133?
Fia.L l #1 flaretal::er' 6ite
TotmI Cr:l i f urnr f::tac{:*:r-i a i} cc:l oni erg./ 1t.t{t rnl sarnpl e
l'.li{:r'a{:er {Ni ?. f,l mg/l
l.l:l'Lr-fitri (l!) {}. (}O rrrg,/1
S;trrrpJ. e 134t)
trJe,l 1 #3 tiar age 5i t e:
]-ot-;r1 f,slifc:rm Fierc-te*ria t-t cnlonies/1(rtl rrrl sanrple
FIi tr';i'b.e,(fd) 1 .55 rrrer/l
iilitrate(I.l) t].(}fi mg./l
Saintr L e* 134 t
hJel I {+f, Catr i n
Tc:tsL Cc:l i f r:rrrr Eac'[:s]ri a t-i ccrl oni ers/ 1{}fi nrl sarnpl e
ttli.trate,tN) 1.4.4 nq/\
I.li trarte (N) (). fi5 ;iiit.1l
lbnerJ ldqr,
t-ab Di r'. l Bri e1r1 5. IJauer
ExHrnrr
K
JOHN C. KEPHART & CO.
AND JUNIIIOl'l LABOflAIOflIIS
495 Non"H AUEilUE I PHoxc:(9ro) 242-Aala 0 Fnx: (97O) 241t-Z2tE 0 cnlxo Jur.crtoil, CoLoRAoo atsot _
- ANALYTICAL REPORT _
Received from:Colorado River Engineering, ll. Hayes136 B. 3rdRifle, CO 81650
970-625-4933
2306
t
Gfl
Conductivity025 deg. CSodiun(t{a)
Calciun( Ca )Hagnesiun(Hg)
Potassium( K )Chloride( Cl )SuLfate( SO{ )Phenol. Alkalinity(CaCO3 )Pot,a1 Alkalinity( CaCO3 IBicarbonate(ECO3 )Carbonate( CO3 )Dissolved SoLids
HardneEs (CaCO3)
Turbidity(rTU)
Boron( B )Copper(Cu)
Iron( Fe )
l,langanese ( Un )l{olybdenum(}lo )Annonia(!t)
Phosphato( P )ZLnc(ZalTotal Colif,orn Bacteria
SuLfide ( s )See noteE on next page.
Cugtomer No,
Datc Rcceived
raterLaboretory No,
6/22/06
Dete Reported 8/2t/05
Lab number
Sample ID
Arsenic(As )Barium( Ba )Cadmiun(Cd)
Chroniun( Cr )Pluoride( F )Lead(Pb).
llercury(Hg )Nitrate ( l{ )Seleniun( 8e )Silver ( Ag )Color(ColPt unit)
pH
2306(hrest Lodga,- Coloradoilature Ranch
Linits for public
Drinklng SupSrliesColo. DeDt. Health
0.01 ns/L
2.O nglL0.005 ns/L0.1 ngll1 ng/t0.015 n,g/L0.002 ns/L10.0 u,s/L0.05 nn/L0.05 ns/L
no officiat tiuit6.5-8.5 acceDtable
no off,iciat limit20 ng/l
no official liuitL25 ns/Lno official linit
^91
L
nsl I
no official linltno official linitno official liuitno official limit
500 mgll
2OO ng/L
1.
no official linit1.3 mg/l0.3 mglI0.05 nslL
oo off,icial Linitno official linitno offlcial Limit5.0 ngllnust be less tban
no official linitLab Dir.: Brian S. Bauer
0.000
0.05
0.0000
0.000
1.00
0.000
0.00000
L.77
0.005
0.0000
ns/Lngll
ns/Lns/l
ms/ L
mg/1nslLnsll
ms/1
ms/1
4
7.90
920 unhos/cn85.6 ng/I
67 nglt
18 ns/l0.3 ng/lL4 nglt
L82 ng/Lo nglt
355 ris/l
430 ng/L0 ngll
535 ngll
364 msll
o.21.
0.28 nslL0.004 ns/L0.00 ns/L0.008 ns/L0.010 ns/L0.00 ngl].0.01 nsr/L0.003 nsll5 col/100m10.0 ng/l
250
250
Exnrnrr
L
Traffic Estimates
couNTY ROAD 204 (ROAN CREEK ROAD)
Peak Conditions (Conservatively High, 100% occupancy,l00oh turnover guests,
employees, off site guides)
Employees - Multiple shifts employees, offsite drivers and guides arriving for guest use:
14-guides, l4-drivers, 2-chefs, 2-helpers,3-house keeping, 1- concierge, 1-maint , 3-
delieveies (UPS, Fed Ex) Total :40, assume 2 trips per employee and 14 employees
carpool (2 per vehicle) Trips: (40-14]r x2 + (1412\ x2: 66
Guests - 100% occupancy , l00yo turnover entire lodge in one day (large group usage). 48
guests leaving 48 guests arriving, primarily shuttle van or SUV delivery for large groups
from Grand Junction Airport, average 4 persons per vehicle . Trips: 9614: 24
Peak (max) Total: 66+24:90 trips per dalr
Low Season - Typical Conditions (6 months out of year)
Employees - Multiple shifts employees, offsite drivers and guides arriving for guest use:
2-guides, 2-drivers, l-chef, 1-house keeping, l- concierge, l-maint, 2-delieveies (UPS,
Fed Ex) Total : 10, assume 2 trips per employee and 4 employees carpool (2 per vehicle)
Trips : (.10-4\ x 2 + (412\ x 2 : 16
Guests - 6 guests arriving, average 2 persons per vehicle . Trips : 612: 3
Low Season Total: 16+3:19 trips oer day
Hish Season - Tvnical Conditions
Employees - Multiple shifts employees, offsite drivers and guides ar:riving for guest use:
S-guides, 8-drivers, 1-chef, l-helper, 2-house keeping, l- concierge, l-maint, 2-delieveies
(uPS, Fed Ex) Total : 24, assume 2 trips per employee and 8 employees carpool (2 per
vehicle) Trips : (24-8\ x 2 + (812\ x2 : 40
Guests - 8 guests arriving, 8 leaving, average 2 persons per vehicle. Trips : 16/2: 8
High Season Total:40+8:48 trips per day
Exhibit
N-1
an)
14,
'r4)
Garfield
County,
Colorado
Office rn" Assessor
be Ei.Stra\ Srib,o7, AINoA S7;9, CO qttut
ero.qt- qq tuu.s4icld' otaY' a a
Legend
ffi-::S r."r..-p,
BLM
US Focrt Scrvicc
SubJivi.iod
Tu Dirrict BoodrY
A/ St.e,Pcd...lHilL*ry
A/ I",..roto p
ft/ o*.yr".a
z" Priven Rord, Treil
. ' &L- Bou&tia
P.oi.c!ion, UTM Zotr. t, NAD17
4:-
r in<L.q..is r,too feet
Exnrsrr
o
,.co6vRordeftJ''cGPsdru crl,JdcoqvITDcPn6'!r'b@
a usos 75 s.&rist. Mlpr dtsniu J 5v CriiJJ Clsrv I r rPrnGor
,. 9L*o.,."--. rt.-.n!ild r,r,enrGn$d crs &b.
PARCPLMAP SOURCE.
L 6nidJ c"dyAn6dr ofi,e Pn{d er s.4!n AlrdAL1 I. ErDt
6".n.lro cls D!Jn.En tdd, (@I
J....-.r * -r- r* r,r;rc^D "-rr' -hrr e ' e''ni
-F_-, -'bilL;d,!il*dW,h! I I ltP.rB.rlFE'h'Lp:
&,,D!d boanr J@qdrt! 3tflfrry
Township Locator MaP tir-
lbb
h66'ab-
o--n-,ta,r{;'"; - - -'a14 *.,.,., .' ,,4; -.\^-y-*t -^_^,*t,e,i*-to,! g * g ;i; :j;.*r*'_,.-i_-,,
2t65
Township 6 South Range 99 West
Ssrfield CountY
.'
r ***,**, **,!!l'i,,,,,, ilr,,,*rl
o
693607 O3|OE|?OOG 03:01P 81778 P126 l,l fiLSITORF
1 of 3 R 16.00 D @.OO GRRFIELD COUNTY CO
A8sr.@rdhg-@.!s:
q{gtp1t B.Foltz, Esq.
F6lE Martin, LL€
5 Piedmnt C€nter, Suite 750
Atlant , GA 30305-1 541
O.f. 6iPt^?+
fo
9
-o
.9o
WARRANTY DEEI)
THIS DEED, made this .<^l day of Marcb 2006, between COLORADO
NATURE RANCH, LP, a Colorado limited partrership, Gmntor, and ORCIIARD
LAKE LODGE, LLC, a Colorado limited liability company, whose legal address is
490l VinelandRoad, Suite 650, Orlando, Florida 32811, Grantee:
. WITIIESSETII, that the Crrantor, for and in consideration of the sum of Ten and
No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed,
and by these presents does grant, bargain, sell, convey md confinn, unto the Grantee, its
heirs and assigns forever, all the real property, together with improvements, if any,
situate, lying and being in the said County of Garfield and State of Colorado described as
follows:
A parcel of land situate in Section 3, Township 6 South, Range 99 West of the 6tr
P.M., County of Garfield, State of Colorado. Said parcel of land being more particularly
described as follows:
Commencing at the South Y+ comer of Section 24; thence North 31 degrees 24
minutes 19 seconds West, 20277.24 feet to the South center 1/16 corner of said Section 3;
thence South 00 degrees 02 minutes 01 seconds Ewt, 522.00 feet; theirce South 90
degrees 00 minutes 00 seconds East, 10E3.81 feet; the,nce North 00 degrees 01 minutes
09 seconds East, 1360.07 feet; thence North 90 degrees 00 minutes 00 seconds West,
1486.51 feet; thence South 02 dogrees 24 minutes 29 seconds East, 170.50 feet; tbenoe
South 22 degrees 07 minutes 40 seconds East, 487.52 fent; thence South 00 degr€es 02
minutes 01 seconds East, 236.00 feet; thence South 90 degrees 00 minutes 00 seconds
East, 210.99 feet to the True Point of Beginning. Said parcel of land containing 40.196
Ircres, more or less.
u{l'
Exnrnrr
P
1448978.1
lll]Jll lll,l ! |l!1"[ Lltttu t tutl tl L I I I I I I I ] r I I.as36ozssros'iziioe-eii,bJi-i'1?1ti"p'rii.1r.,h.*.o,o,lr,
2 or 3 R 16.00 o o.oa-GhnFiifi to[nrv co
TOGETHER with all and singular the hereditaurents and appurtenances theretobelonging, or in anywise appertaining, and the reversion and reversions, remainder andrerylinders,-rents, issues and profits thereot and all the estate, rigtt, titi", ioto.rt, "f"i-and demand whatsoever of the Crrantor, either in law or equity,-of,'in and to ttre alove
bargained premises, with the hereditaments and appurtenarrcis.
TO HAYE AI\[D TO HOLD the said premises above bargained and described,
with the appurtenances, unto the Grantee, its heirs and assigns forever. And the Grantor,for itself, and its successors, does covenant, grant, bargain, and agree to and with the
Grantee, its heirs and assigns, that at the time of the insealing *a O"mrry of these
presents, it is well seized of the pre,mises above conveyed, lias good, sure, perfec!
absolute and indefeasible estate of inheritance, in law, in fee simple, and tras good right,
full power and lawful authority to grant, bargain, sell and
"onvey
tbe same in rianner and
form as aforesaid, and that the same are free and clear from ali former and other grants,
bargains, sales, lie,ns, taxes, assessments, encumbrances and resEictions of whatevi kindor nature so ev€r, except reservations and conditions contained in the United States
Patents, and ad valorem taxes for the year 2002 due and payable in 2003, subject to:(i) easements and rights-of-way of either a public or private niture of recorA, anajii; ttrat
certain Deed of Security Agreement, Finanling Staterrent and Assigru;ent of
Rents and Revenues by Grantor to U. S. Bank National Association dated lunJ t l, 2001,
recorded in Book l259,Page 872,rcalproperty records of Garfield Counry, as modified
by that certain Additional Advance Agreeme,nt dated Decemb er 20,2002, recorded in the
aforesaid rEcords, as further modified by that Modificatiol of Loan Documents datsd
October [0, 2003, recorded in the aforesaid records.
The Grantor shall and witl WARRANT AI\D I'ORE\rER DEFEND the above-
bargained premises in the quiet and peaceable possession of the Grantee, irc heire and
assigns, against all and every person or percons lawfully claiming the whole or any part
thereof. The singular number shall include the plural, the plural the singular, and the use
of any gender shall be applicable to all genders
ICoNTINITED ON F'OLLOWING PAGEI
24/E,978.'.|
,: Illlilillllllllil lll
O3zOtP 81778 P128 n
O.OO GRRFIELD COUNTY
6936A7 03/OE/20srd,3of3R16.000 RLSDORF
c0
ililt ilt [lll ffi Il]
IN WITI\ESS WIIEREOF, the Grantor has caused its name to be hereunto
subscribed by its duly authorized representative the day and year first above writteir.
Grantor:
coLoRADO NATURE RANCH, LP, a
Colorado limited partnership
By Colorado Nature Ranch,Inc., a Florida
corporatiorl its General Partrer
",rRichard C. Kessler, as foesident
statsof f/rc iJo
County
"f QM/2"
The foregoing instrument was acknowledged before -",ti.g/oay of March, 2006, by
Richard C. Kessler, as President of Colorado Nature Ranch, Inc., the General Partrer of
Colorado Nature Ranch, LP.
Witress myhand and offrcial seal.
INoTARY SEALI
344E978.1
Co.ilrtODoDaaZl
FrertE l/25/2008
RECEIVED
DEC 0 8 2006
GARFIELDCO1NTF Ar,coMB & Gnrrcx, P. C.
BUILDING&PLANNING ATrorrNEys AT r,A\r'
EDw,a.RD MULHALL. JR.
Scorr BALCoMB
LAWRENCE R. GREEN
TTMoTHY A. THULSoN
DAVID C. HALLFoRD
CHR|SToPHER L. CoYLE
THoMAS J. Ha.RTERT
CHRTSToPHER L. GETGER
SARA M. DUNN
DANTEL C. WENNoGLE
Scorr GRosscuP
KENNETH BALCoMB
r920-2005
OF CoUNSEL:
JoHN A. THULSoN
SPECTAL CouNsEL:
WALTER D. LowRY
P.O. DRA\VER 79O
AIA COLORADO AVENUE
GL-EN\V.OOD SPRTNGS, COLORADO al602
TBr,,PiloNH: 97O.945.6546
FACsrurr,n: 97O.945.89O2
www.balcornbgreen. col11
December 8,2006
VIA Hand Delivery
Fred Jarman
Director
Garfield County Building and Planning
108 Sth Street, Ste. 401
Glenwood Springs CO 81601
Re: Application for Special Use PermiVOrchard Lake Lodge LLC
Dear Fred:
I enclose herewith for filing in your office an original and two copies of the
above-referenced application. The base fee of $400.00 is also included herewith. The
uses requested herein are quite analogous to that previously reviewed and approved by
the County instant to the High Lonesome Ranch Application. I believe that a quick
walk-through of this application will facilitate your office's completeness review. I will
call you next week toward this end.
Very truly yours,
BALCOMB & GREEN, P.C.
Enclosures
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