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3.0 Conditions of Approval
Ch RFCORD[D T Rd O"CLUCK i� M. JUN 1 1993 REC 4 � cl14.J MLLDRED ALSDDRF, COUNTY CLERK POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THOMAS GREGORY BEVER Row 86 344 of the County of %';ti'/,&C 6,1e6CGG5 and State of f yy/?A)r reposing special trust and confidence in NICHOLAS LAMPIRIS of the County of a/Wrie LJa have made, constituted and appoint the said NICHOLAS LAMPIRIS attorney for them and in their names, place and stead, grant, bargain, sell, convey, encumber, purchase conveyance or encumbrance of, and to release or have in the following described real estate situate Colorado, to -wit: and State of Ci>r',ok 13l -.)G appointed, and by these presents do make, constitute and true and lawful for their sole use and benefit to or contract for the purchase, sale, waive any homestead exemption they may in the County of Garfield, State of SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF The said attorney-in-fact is hereby empowered to grant, bargain, sell, convey, encumber, or to contract for the purchase, sale, conveyance, or encumbrance of, and to release or waive their homestead exemption in, all of the above described real estate; to collect such monies as may become due them for the sale, conveyance, encumbrance or purchase thereof; and to make, execute, acknowledge, and deliver contracts of sale, assignments thereof, good and sufficient deeds of conveyance, promissory notes, deeds of trust, mortgages and other instruments in writing of every kind and nature, including but not limited to sale and loan closing statements, endorsements of checks and drafts, containing such terms and conditions and such warranties and covenants their attorney-in-fact may deem necessary and convenient in connection with the sale, conveyance, purchase or encumbrance of said real estato. Hereby giving and granting unto said attorney full,power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intent and purposes as they might or could do if personally present, including, but not limited to, the execution of Deeds conveying real estate, with full power of revocation hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done by virtue hereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. This power of attorney shall not be affected by the disability of the principal. IN WITNESS WHEREOF, They have hereunto set their hands and seal this 13 1-k,\ Day of MAY , 19 93 X 1:--OA-A-utk°)'' 6.Q..("Q-1 THOMAS GRE OAY BEVER THOMAS GRE ORY BEVER STATE OF COUNTY 0 arfitt ge / ) ss. 'a _T) The regoing instrument was acknowledged before me this 19� by THOMAS GREGORY BEVER day of -1 ;'WITH SS MY.,HAND AND OFFICIAL SEAL. .t. i,t. Ml ,,, Cvmm s - ibn;, expires: 1 Li . `• (hitt eoox 84 345 EXHIBIT "A" A parcel of land situated in Lot 4 of Section 30, Township 5 South, Range 91 West of the Sixth Principal Meridian, Garfield County, Colorado, lying northerly of the South section line of said Section 30, and easterly of the West line of Section 30, being more particularly described as follows: Beginning at the intersection of the North right of way line of a road described in Book 20 at Page 573 of the Records of the Clerk and Recorder of Garfield County, Colorado and the ',lest Line of Section 30; whence the Southwest corner of Section 30 bears South 00°22'26" East 15.00 feet, thence North 00°22'26" West 248.92 feet along the West Line of Section 30; thence South 89°59'12" East 350.00 feet; thence South 00°22'26" East 248.92 feet; thence North 89°59'12" West 350.00 feet along said North right of way line to the POINT OF BEGINNING. TOGETHER WITH 3 acre feet of Silt Project Water. WRJ•5•Rev. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. COL(DO DIVISION OF WATER RESOURC IP 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM ( ✓,) A PERMIT TO USE GROUND WATER ( 4). A PERMIT TO CONSTRUCT A WELL FOR: ( ) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO ( )OTHER WATER COURT CASE NO (1) APPLICANT - mailing address I� NAME Gilt G) 6e r /�tcl� �L �ri1j 0( C)5--- --;tAcecSo (State) (Zip) STREET CITY TELEPHONE NO '305- `g76 5 tec0 (2) LOCATION OF PROPOSED WELL County & e. 5�✓ '/a of the S \") l4, Section -30 Twp. 5- -S Rng. k w 6 tt' IN.S) IE.W) P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15 Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: \01 0 0 0 Proposed total depth (feet): 0 Aquifer ground water is to be obtained from: �Q v U M (i W h �t vtrr� t-0 Co (�u t aiy t v t r Owner's well designation 7 Pit C Q, GROUND WATER TO BE USED FOR: ( )) HOUSEHOLD USE ONLY - no irrigation (0) 1✓) DOMESTIC (1) ( ) INDUSTRIAL (5) ( 1 LIVESTOCK (2) ( ) IRRIGATION (6) I ) COMMERCIAL (4) ( ) MUNICIPAL (8) 1 ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name CO (0 L C, S L11 b t kIt t r Street City (State) (Zip) Telephone No. Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No Basin Dist. CONDITIONS QF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. Del $, `I -i �. Subject to Rev S {-,. k 3 ei 994ry rn .73 APPLICATION APPROVED ,TJ r PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I.D. rot (MTV (5) THE LOCATION OF THE aPOSED. WELL and the area on which the water will be used must .be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + — -f- — + - {- — — — I _i_NORTH4_ T rt - 1 MILE, 5280 FEET NORTH SECTION LINE SOUTH SECTION LINE + + + -I -;- 4 - -4- - — — -}- — + — — 1 — -}- — — -� The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6).THEELLMUST BE LOCATED BELOW bydistances from section lines. Zoo ft. from 50A -L sec. line (north or south) 560 ft. from sec. line (east or west) LOT 3 BLOCK FILING s SUBDIVISION ` AK"1°t - Ex eIA (7) TRACT ON WHICH WELL WILL BE LOCATEDOwner Gr-€ g-eVef No. of acres q• 7S( Will this be the only well on this tract? Yes (8) PROPOSED CASING PROGRAM Plain Casing (' in. from ft to in from Perforated casing "1 L 30 I) ft ft to 460ft in from g ft. to /00 ft in from ft to WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: A/A (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): 6 r-- Lv Legal description- , N - a IJ.L-4 No. of acres- -f, %s1 (11) DETAILED DESCRIPTION of the use of gJi( nd r: Household use and domestic wells must indicate type of dis osal system to be used. 0 1z 0 0 U 5 c 'Ail 1 �GL un. (,f :- � ) S T. 6f 1 Gt(,•'1. � �(Q ✓l�-GvA ''\dsc.la ,), , a Cva4-4r: o� tti0n - r d-�+ ;AA-QrCi() S1 -1,c, \.`f silo.) a�1 S>,5`%:J w li L,.c. S e4`• c- �../IX/[c k 1� 1 .1fd . (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or ri htI Used for (purpose)�/ Description of land on which used f(Ut e1.utr wciLr , We' 4-- t all( W" rcr- Co h 5 zNGt--4C.‘-k. (5 Co tr a rJ * q'i 03 (q`r 6 i3 3 (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRU TO T BEST OF HIS KNOWLEDGE. ki 65 SIGNATURE OF APPL IC NTISI V`e-it Pj `TA L""KS A-Gjilfy V, -e vfl' Use additional sheets of paper if more space is required. I I III II� I I SOUTH SECTION LINE + + + -I -;- 4 - -4- - — — -}- — + — — 1 — -}- — — -� The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6).THEELLMUST BE LOCATED BELOW bydistances from section lines. Zoo ft. from 50A -L sec. line (north or south) 560 ft. from sec. line (east or west) LOT 3 BLOCK FILING s SUBDIVISION ` AK"1°t - Ex eIA (7) TRACT ON WHICH WELL WILL BE LOCATEDOwner Gr-€ g-eVef No. of acres q• 7S( Will this be the only well on this tract? Yes (8) PROPOSED CASING PROGRAM Plain Casing (' in. from ft to in from Perforated casing "1 L 30 I) ft ft to 460ft in from g ft. to /00 ft in from ft to WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: A/A (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): 6 r-- Lv Legal description- , N - a IJ.L-4 No. of acres- -f, %s1 (11) DETAILED DESCRIPTION of the use of gJi( nd r: Household use and domestic wells must indicate type of dis osal system to be used. 0 1z 0 0 U 5 c 'Ail 1 �GL un. (,f :- � ) S T. 6f 1 Gt(,•'1. � �(Q ✓l�-GvA ''\dsc.la ,), , a Cva4-4r: o� tti0n - r d-�+ ;AA-QrCi() S1 -1,c, \.`f silo.) a�1 S>,5`%:J w li L,.c. S e4`• c- �../IX/[c k 1� 1 .1fd . (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or ri htI Used for (purpose)�/ Description of land on which used f(Ut e1.utr wciLr , We' 4-- t all( W" rcr- Co h 5 zNGt--4C.‘-k. (5 Co tr a rJ * q'i 03 (q`r 6 i3 3 (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRU TO T BEST OF HIS KNOWLEDGE. ki 65 SIGNATURE OF APPL IC NTISI V`e-it Pj `TA L""KS A-Gjilfy V, -e vfl' Use additional sheets of paper if more space is required. WRJ•5•Rov. 76 COLO4111O DIVISION OF WATER RESOURCE. 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM Application must be complete where (✓,) A PERMIT TO USE GROUND WATER applicable. Type or (✓) A PERMIT TO CONSTRUCT A WELL print in BLACK FOR: ( ) A PERMIT TO INSTALL A PUMP INK. No overstrikes or erasures unless ( ) REPLACEMENT FOR NO initialed. ( ) OTHER WATER COURT CASE NO (1) APPLICANT • mailing address NAME f-(5 V -7" -Lt." c V i ---C1/1"\ fit 1 Se STREET 6( 0-0-41" S':1( C :) CITY (State) (Zip) TELEPHONE NO 3c— (2) LOCATION OF PROPOSED WELL // r� County L7' "C‘e,' 6' S �" % of the $ r'`f 'ti Section -) (-) �� Twp. .s •-3 Rng. q ' W f; kh P.M, IN,S) (E,W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) ( S Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: \ Z t C `1 Proposed total depth (feet): Aquifer ground water is to be obtained from: jt fav -•r :, t, t�'tC Owner's well designation 14- Z-7L-A-'N^rdt GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no Irrigation (0) (✓1 DOMESTIC (1) ( ) INDUSTRIAL (5) ( 1 LIVESTOCK (2) ( ) IRRIGATION (6) 1 1 COMMERCIAL (4) ( ) MUNICIPAL (81 ( 1 OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name CCIVLtd fi1.sct cr Street City (State) (Zip) Telephone No Lic- No. FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No Basin Dist. CONDITIONS QF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. • 7i/' PRELIMINARY Subject to Revisioc_,. 4.-. :-;,,, ,,11994f(?t�% l ir APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY D C0l1NTY (5) THE LOCATION OF THE POSED. WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + — + — + — + 4 1 MILE, 5280 FEET �I f * + + + ± I + — -I I NORTH SECTION LINE SOUTH SECTION UNE N Vl 0 O z r_ z m 4 — + — The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE L MUST BE LOCATED BELOW by distances from section lines. (900 ft. from (north Or South) sec. line S3° ft. from we5* sec. line (east or west) LOT BLOCK FILING * SUBDIVISION "nA� 1Cs� EX er.s Ci�'tt) (7) TRACT ON WHICH WELL WILL/` BE LOCATED Owner tarry lea-eVe(` No. of acres ! Nr 7S( - Will this be the only well on this tract? Yew (8) PROPOSED CASING PROGRAM Plain Casing (' in from + i ft to v ft 1 Z; in from 3 0 ft to %0 ft Perforated casing Z in from ft. to /00 ft in from ft to `t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it: A / A (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): ``r�5 r 7 Z•tr Legal description N fiaC a No. of acres: - ct 7_s1 (11) QETAILED DESCRIPTION of the use.of gJ nd w r�:+�, Household use and domestic wells must indicate type of disposal system to beused. 0i\C t ) 1Z 000 �5q ' T. of ''‘40‘.., n cr , J •. � Ctr : o wen - c o � t.t,`.e rc I r`A Smear, /,. �t s �°o1 / S y St * w,11 G s e(+. l e i c (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or ripiht I Used for (purpose) 1 , ) P(Gt-LM- eIwcl1-tr �jy W{j.� Nt v�j vv64-Lr Description of land on which used c;A 56NA•4-(..� j -(S Si—ft Co tr q4 n3 a 1-6- iR 2- (13) (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS 7TR E TO T BEST OF HIS KNOWLEDGE. /-R�'�►d n t� �. r st ry ��2 A- 5 a r T� ,u lie U./ 1— SIGNATURE OF APPLI NTISI Use additional sheets of paper if more space is required. 1 1 I � I I --1-- — — -- — I ' SOUTH SECTION UNE N Vl 0 O z r_ z m 4 — + — The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE L MUST BE LOCATED BELOW by distances from section lines. (900 ft. from (north Or South) sec. line S3° ft. from we5* sec. line (east or west) LOT BLOCK FILING * SUBDIVISION "nA� 1Cs� EX er.s Ci�'tt) (7) TRACT ON WHICH WELL WILL/` BE LOCATED Owner tarry lea-eVe(` No. of acres ! Nr 7S( - Will this be the only well on this tract? Yew (8) PROPOSED CASING PROGRAM Plain Casing (' in from + i ft to v ft 1 Z; in from 3 0 ft to %0 ft Perforated casing Z in from ft. to /00 ft in from ft to `t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it: A / A (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): ``r�5 r 7 Z•tr Legal description N fiaC a No. of acres: - ct 7_s1 (11) QETAILED DESCRIPTION of the use.of gJ nd w r�:+�, Household use and domestic wells must indicate type of disposal system to beused. 0i\C t ) 1Z 000 �5q ' T. of ''‘40‘.., n cr , J •. � Ctr : o wen - c o � t.t,`.e rc I r`A Smear, /,. �t s �°o1 / S y St * w,11 G s e(+. l e i c (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or ripiht I Used for (purpose) 1 , ) P(Gt-LM- eIwcl1-tr �jy W{j.� Nt v�j vv64-Lr Description of land on which used c;A 56NA•4-(..� j -(S Si—ft Co tr q4 n3 a 1-6- iR 2- (13) (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS 7TR E TO T BEST OF HIS KNOWLEDGE. /-R�'�►d n t� �. r st ry ��2 A- 5 a r T� ,u lie U./ 1— SIGNATURE OF APPLI NTISI Use additional sheets of paper if more space is required. WESIVIDE WATER CONSERVANCY STRICT P. O. BOX 1478 RIFLE, COLORADO 81650-1478 625-1887 Officers President 876-2821 Kelly Couey 4745 C.R. 315 Silt, CO 81652 Vice President Joe Mautz, Jr. 6107 Highway 133 Carbondale, CO 81623 Treasurer LaVerne Starbuck 1859 C.R. 344 Silt, CO 81652 Secretary/Water Manager 625-1887 Russell George, Attorney Stuver & George, P.C. P. 0. Box 907 Rifle, CO 81650 March 21, 1994 Nicholas Lampiris P. O. Box 2 Silt, CO 81652 Dear Mr. Lampiris: Board of Directors Kelly Couey 4745 C. R. 315 Silt, CO 81652 Joe Mautz, Jr. 6107 Highway 133 Carbondale, CO 81623 Glenwood LaVerne Starbuck 1859 C.R. 344 Silt, CO 81652 Gregory Durrett 926 Blake Avenue Springs, CO 81601 Enclosed are the approved contracts, No. 940319 940319 TGB3, for Thomas Gregory Bever. Copies of the contracts are being submitted to the entities: The State Division of Water Resources Division No. 5 Water Resources The Colorado River Water Conservation District The Garfield County Department of Planning District No. 45 Water Resources West Divide's Attorney and Engineer Sincerely yours, Clzra m 040CAZ-) Janet Maddock, secretary to Russell George, secretary/water manager Enclosure Samuel B. Potter 0598 C.R. 323 Rifle, CO 81650 TGB2 and following cc The State Division of Water Resources w/enclosure Division No. 5 Water Resources w/enclosure The Colorado River Water Conservation District w/enclosure The Garfield County Department of Planning w/enclosure District No. 45 Water Resources w/enclosure Edward J. Currier, Engineer w/enclosure Russell George, Attorney w/enclosure • Cu ilk act # `1 YD3 /�Ls4' '2. Ma MIPID # /V7 Date Activated -/cI-9 </ APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICAN Name ��u N,e hcla5 V)131 -1-- (r" Address v1 5 e 5.1 G..3 `h165 Telephone Number tiE, 3 / `'76 - “fc ., Authorized Agent or Representative B. WATER RIGHT OWNED BY. APPLICANT. Name of Right Loxoty-sis Q\\ NO. Type of Structure or Right Location of Point of Diversion Water Court Case No. Well Permit No. C. INTENDED USE OF LEASED WATER Location of Area of Use 5\\ Description of Use 4 ca L AJ ( ., ci �j syr e Number of Dwelling Units Total Acreage Proposed Potable Water System 0�11 Proposed Waste -Water Treatment System S c Projected Monthly Volume of Leased Water Needed in Gallons: Jan. Feb. Mar. Apr. May June July Aug • Sept. Oct. Nov. Dec. Acre Feet ( Annual Total Gallons Maximum Instantaneous Demand /c� gpm ;;I D. OTHER REMARKS Unknown when callwill be on thp river Leased water will be needed for augmentation in any month there is a call. PATE 1:7-7941-2-50-C, t 77%'eL'_t i ' S1GNA1U E OF AGENT .OR REPRESENTATIVE • • Contract f (1 4 0 3 l Al 1 (-, C') Map ID * /47 Date Activated 3-161'`7 WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract Q� Name of Applicant: \ \(1 CY`h ( 3 (c' V f y - Quantity of water in acre feet \ (1, Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to (hereinafter and existing ing aEerby virtuered oofaC.R.S. 1973, 37-45-101, et seq., s the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this appliation, and subsequent delivery and use of water, Applicantc the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully llby entitling teringaAp scant to divert water, which will be supe In Applicant intends t thatnoright diverteists until divert to well, it must bea understood by Applicant valid well permit is obtained from the State Engineer. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during ttperie ods ri twhen said all ,direct flow water right is not in priority, for the use of Applicant up to said quantity in acre-feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and odtions ns of this contract. The District and the Applicant some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the bi ity of be dependent Dib rict ct to allot direct flow rights to the Applicant If the consent of the Colorado determinesWater District. at any time the App it requires leaswaterthan the amount herein provided, it may so notify the District in writing, and the amount of water allotted under this contract ance with such notice. Rat sl shallbe becadjued sted accordingly in folermanently in lowing water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: Municipal, domestic and related uses, or irrigation and commercial (except to the extent that Ruedi water may not be available for irrigation and commercial as those terms are defined on page 5 of Contract No. 2-07-70-W0547 between the UnitedStateand s andiahel usest DividyenWater ter Conservancy District). Applicant's water allotted shall be within or'th oughfsc facilities or upon land owned, leased, operated,. pr under App 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to tho Applicant at the outlet works of said storage facilities or at the decreed point of -1- • • diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the Futuro, so long as the water service to the Applicant pursuant to this agreement is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (Decernbor 31), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, (though not at the original point of diversion) only as against water rights which are junior to the date of application for the alternate point of diversion. • 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The district reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall bo solely responsible for the procedures and legal and engineering costs necessary for any changes in water rights contemplated herein and further agrees to indemnify tho District from any coots or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amounts of water actually transferred to the Applicant's point cf diversion, the Applicant shall make annual payments to the District based upon tho amount of water allotted under this agreement. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under paragraph 10 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Annual Payment: Annual payment tor the water service described herein BEM be determined by the Board of Directors of the Distriot at a per acre-foot rate. The initial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that tho initial payment -2- • • Annual paymentthefor Boardater ce t e District heatla per e deermined bypayment shall be made, in full,uacre-footwithin thirty (30)idays lafter a the date of notice to the Applicant that the initial payment che a thingsauoP the Said notice will id livery advise the Applicant, among year to which the initial payment shall apply and the pride which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the cduto ate, written notice thereof will be sent by Applicant at such address as may be designated by the Applicant in then writing. (If no address has beenso cant'se address set nated in citing, then Waterate noticeueshall pasentfta water year shall require payment for Ceuse for any p preven irtheaDistrict� fromt adjusting ntheaannualc�ateruas in its sole discretion for future years ears only. If payment is not made within ten (10) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or intmoaroot unindex this s contract without further notice and delivery Y tel curtailed) and the allotment of water, as herein made, may transferred, leased, oroothf erwise isetdisposed of at the discretion of the Boardthe 7, Securit As security to the District, foregoing covenant or annual payments in advance appropriation delivery, will be fully met by annual budgetbanledaappropriation of funds from such sources of revenues as may the District, tr toto the Dia the Applicant. As additional security aners, Applicant will hold harmless the District otho aoyerpmrntal corporation, quasi -governmental entitydue to , entity, for discontinuance lnservice herein thntfail r ed of onhe Applicant to maintain the paY mentscurrent basis. ocket expenses Applicant agrees to defray any out -of -p incurred by the District in connection tlwi hedhe eoallreimbursementtentofter f rights hereunder, including, water legal and engineering costs incurred in connection ntwitusanyf such and necessary to allow APP 8. Assi nment: This oragreement asaigne ofsthe parties herethall inure to o benefit of the e rs, successors tho event except that no assignment hereunder shall is bepermitted pbe mused dforn the benefit of he water of wner right land which will be subdivided woor(Z� ha rmoc© held or owned teir eparata ownership interests by right allotted hereunder. In no event shall the tenor of a portion, but less than all, of the Applicant's property to be served under this contract, have any rights hereunder, Any assignment of the Applicant's rights under this contract on ra requirements alt bee District to, and must comply wregarding assignment of contract District may hereafter adoptaliens by assignees and rights and the assumption eein shall preventsuccessorsto a portion fccApplicant's psoic. Nothing from applying to the District for of App property individual a andsseparate allotment contracts. g. OtherRules: Applicant shall bo bound by the : provisions of t e Water onservancy. Act of Coloradoi b y the rules and all thereof and supplements thereto and by all other and regulations of the Board of Directors of the District; amendments applicable law. Applicant 10. O•eration and Maintenance Agreements eomonlAwithppli t shall anter into an •flora on an • the Board theof District under terms and conditions determined by Directors of the District, if and when, the Board of said District -3- • • determines Saidits sole agreementdmayretion that contain, butsuch shallnnoagreement rbe mlimited q consideration for to, provisions for additional annual monetary extension of Districandrmaintenance costs; or r it or forother administration, op costs to the District which may arise through services ma e available to the Applicant. 11. Chance of Use: Tho District rececoes he oad exclu iie right to review, reapprove or disapprove any p Ps use of the water tted leasehereunder. ofAny theuse waterother or than waterthat rights allotted forth herein or any approval of the allotted hereunder without the prior written app District shall be deemed to bo a material breach of this contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner an on t e property described in the documents submitted to the District at the time this agreementsisreefecuted thereto), documents areeratioincorno andsd maintenanceherein bagreement provided y yereto), n in any uose other than as set forth thereon or any lease Applicant. Any than as permittedsinsparagrapha8eabove, shall ibe(deemedherein, other r of ther or waterto beamaterial breach of this agreement. 13. _TA,1J_ILL It is understood and agreed that nothing herein shall be—Interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conaervat on practices with respect tbo he water and water rights herein,' and hereby thr econservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict uses as follows (unless spec t c Ova vera are appended to this agreement). Violation of these restrictions shall be deemed to be a material broach of thio agreementi, Use Household Domestic (includes lawn) Livestock (cattle) Irrigation 16.Well Permit: If Applicant intends to• divert through a we117t en App cant must provide to District a copy of Applicant's volid well permit before District is obligated to deliver any water 17. _IL2.51.112.11411t,ispuL. By executing this agreement, Applicant agrees t at ne Is not relying on any legal or engineering advice that he may believe he has received from the d all District. Applicant further acknowledges advicefromthat iseown$sourceseother than the Dist and engineering assurances whatsoever the than the District. Applicant further acknowledges that t District makes no guarantees, warranties, or pursuant to this about the quantity or quality of water available provide the•wahis r agreement. Shedt the DnnostriCt damageseunable to may be assessed against the contracted for herein, District, nor may Applicant obtain a refund from the District. on, c oose nc u e Applicant's contract 18, Costs of Water Court Piling: Should the District, inhe its own disc e for alternate point of diversion herein in a water court fthengApplicant hereby agrees to pay to theor plan of augmentation, an additional tae representing the District, Applicant's District's actual and reasonable costs and Lova for share of the proceeding. Annual Maximum Diversion 1/3 acre foot 1 - 3 acre feet 1 acre foot/100 head 2 - 3 acre feet/acre -4- • 19. Binding Agreement: This Agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application for Purchase of Waters from the West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. 20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. STATE OF 1.'i/i 4?.64 t// COUNTY OF /1:7-d.44/1-) SS. APPLICANT: By !Y\ �cy l}.Q APPLICANT ADDRES: \:�Z-Jc`. 3 c<M, 1 t" j , UX 01- 40 /� The foreg ing instrument_ was acknowledged fore me o QQ 7 J 19, by � y',j L` this / day of j rj1 T t '��'�' '� ", �}�> G� (� Witness my hand and official seal. Nary public My commission expires: ORDER After a hearing by the Board of Directors of theiWest it t Divide Water Conservancy District on the above app hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By ec; President TI?EST: ecreta:y szA Date This contract includes and is subject to the terms.and conditions of the following documents which must accompany this contract: 1. Map showing location of point of diversion (use map provided); 2. Application and Data Form fully completed and signed 3. Other -5- 1 yr t' r ,'"•,, • 1 � tir ltl yl / //,/ r_ ,),•111,'c�! �j 1/ 1\\Jt -,J� 1., I(r.- \l• I\. 4,1 6d�.t'2O - 1\ .. / �' 1% I(i'/ v - �; ;� ! ,1G00 ; I \ . \ \1)' "' S , '�'/ './)'1 1.. - ; ,�, I:. ,6670 ,71,1, •,1 ♦ /,� •'F' : l 1 ) I `4 r` i,, is t \. ��_— J t I` 6 - ;,I r/� - ,��///- V' . \-I1-1� I l�,�_I\ t.'.-.--- �i'J'_ i�,1`.!� l m \.r/,: �';:i' .�N r�l ` (`.if `1- ,(',i 1�1\ It.'.'1 '1 j•=te, ,F-` \` ,�•• .11 I1// ±,,i. II ,..3 .- , '''...f X•1'.1 ', -i - ” t' 1 „ i, s ',��IIi� i`/. ) 11' (9), •(• �; • `,! I10,..— I r.�i'".II. IL;./�t'�\,7. /(1� S',,11 'I ,ii IQ 1.'1� i11 •r C 11 • I ,• , 11 0 � 1 /)r• /t .` ( 60 1._J I• I • _..: .11 _o II ,• 11. i1 11 3rd `..� `; �• r 1, it QO --•- DITCH 56 C.5 y; ^/ 25 • / 1 \ / (1) A r • 0 r 1( I ��� ` _ I(,_ -Z I /• } J e 3h. _ 1/ 1/ I) t... 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J / +r• / 1 1 ( /'I/ '/ l ''1 '.F ..�` %%; rQ :3711 u _ I L.. III r Vit, - ,rl rlli '''''IPC ilpC _I —1(-1•;• �.•� ;r/l-rl'S i� 1`i(.1,f/'i% rI�(��/ '2f. i 1d tr. c01 U �_ 1(. ,1 rrrrj111 1Iny`!r,IIi- II •.._, _1SIIt I)li`---11i ttn (/'CJI'\\-1�.� .J-I,�\./1I��0 Ix-'-\------- -- --'--- - --- /� • •)�. • )� .I�. 'I , IL. 'I II •.It I C.1r: T•, I• /.V •.I,.v, ,:::-.;:".-.0...,----.7\.-.-z ...:',..!•• I/, ) t .,l 2 .4.-- 1, .11.4: -?.—,1'—a., -i. �_ �!1 ': I !• F 'nt _ -:, L, . ,1• •...,Y,' o'::,f• I : �t: L, -..tea• �,! I ti. ; 14iC._.r� I ..�..=,._::.+•t:t.r..rw...rs \...L 2 .4 -• • 0c NI i: --.. a- "r'jj: -r 'tri 'x ri 1 '' ^ ... C :ter az '.�-`• :�� •- - u • - , 1,1 /Y,- No U/.' • II I•I 41• f( 11 6 �I-nS1539, r - r • I 51,00 `\—_• \ • l \ _ 'g1 I � i a •� r: -5600 . \` 1 • 11 1 5600 16 (.1 1 • 1 ist 79 • Cunt ct # 94/0 3 /9 `j 6 Map # /5/ Date Activated 3 -/9- APPLICATION /9 - APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICAN NLq ptr�s P.6.6UX c - Name � o;,,..t Cr«� ;), s 2v 4 <,i a ,c�1-1c�\ cZ Address 01 U5 .1-ogcrsall F77, -- -e 1-) 1 t_. o -4165z Telephone Number ;e 3J ',76 — c' Authorized Agent or Representative B. WATER RIGHT OWNED BY.APPLIC1NT Name of Right Lam D L i c \\ Type of Structure or Right la ) I I Location of Point of Diversion MCA k'i-m Water Court Case No. Well Permit No. C. INTENDED USE OF LEASED WATER Location of Area of Use S,\\ • Description of Use CvreS r. Number of Dwelling Units Total Acreage Proposed Potable Water System ,k-4 Proposed Waste -Water Treatment System , Q� Projected Monthly Volume of Leased Mater Needed in Gallons: Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Annual Total Gallons Acre Feet F>„ c Maximum Instantaneous Demand i_c--- gpm D. OTHER REMARKS Unknown when call will be nn thn rivrr Leased water will be needed for augmentation in any month there is a call. DATE S1GNA1U E O AMU' ,QR REI1 o. 'ATIVE Contract Map ID 1 S� Date Act vats n-319 Tc -e) 3 WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract Name of Applicant: --N_\CNOrY\(1_S (r_)'I'E''r.A P3C0Ff Quantity of water in acre feet 1 Q •- Applicant, hereby applies to the West Divide Water, Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, 37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this application, and subsequent delivery and use of water, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the State Engineer. 2. Quantity: Water applied for by the applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights and, when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of applicant up to said quantity in acre-feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow rights to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, it may so notify the District in writing, and the amount of water allotted under this contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: Municipal, domestic and related uses or irrigation and commercial (except to the extent that Ruedi water may not be available for irrigation and commercial as those terms are defined on page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated,lor under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of -1- • diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject.to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, (though not at the original point of diversion) only as against water rights which are junior to the date of application for the alternate point of diversion. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The district reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal and engineering costs necessary for any changes in water rights contemplated herein and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this agreement. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under paragraph 18 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the 'water court in the adjudication thereof. 6. Annual Payment: Annual payment for the water service described herein shall be determined by the Board of Directors of the District at a per acre-foot rate. The initial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that the initial payment -2- • 1 is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If'an annual payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at such address as may be designated by the Applicant in writing. (If no address has been so designated in writing, then said notice shall be sent to applicant's address set forth herein. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within ten (10) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this contract without further notice and delivery may be immediately curtailed; and the allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. 7. Security: As security to the District, the foregoing covenant of annual payments in advance of water delivery, will be fully met by annual budget and appropriation of funds from such sources of revenues as may be legally available to the Applicant. As additional security to the District, the Applicant will hold harmless, the District and any person, corporation, quasi -governmental entity, or other governmental entity, for discontinuance in service due to the failure of the Applicant to maintain the payments heroin contemplated on a current basis. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This agreement shall inure to'the' benefit of the heirs, successors or assigns of the parties hereto, except that no assignment shall be permitted in the event the water right allotted hereunder is to be used for the benefit of land which will be subdivided or otherwise held or owned in separate ownership interests by two (2) or more users of the water right allotted hereunder. In no event shall the owner of a portion, but less than all, of the applicant's property to be served under this contract, have any rights hereunder. Any assignment of the applicant's rights under this contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of contract rights and the assumption of contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the Board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional -3- administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. • 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this agreement is executed (said documents are incorporated herein by this reference thereto), or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that t nothing g herein shall be interpreted to give tho Applicant any n legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict uses as follows (unless specific waivers are appended to this agreement). Violation of these restrictions shall be deemed to be a material breach of this agreement. Use Annual Maximum Diversion Household Domestic (includes lawn) Livestock (cattle) Irrigation 1/3 acre foot 1 - 3 acre feet 1 acre foot/100 head 2 - 3 acre feet/acre 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Representations: By executing this agreement, Applicant agrees that he is not relying on any legal or engineering advice licantthat further acknowledgeshhas received from the District. App that he has obtained all necessary legal and engineering advice from his own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this agreement. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 18. Costs of Water Court Filing: Should the District, in its own discretion, choose to include Applicant's contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceeding. 19. Binding Agreement: This Agreement shall not be comlete nor is thep form entitledin "Application Difor iPurchase ct soft Waters d hereto from the -4- • • West Divide Water Conservancy District" fully completed by applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. 20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTIIERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. APPLICANT: By s APPLICANT ADDRESS: .T C'> Z - 1/ STATE OF tJ /»// 1 P/I- s s . COUNTY OF / �V this The fore99,,9j� .t nsrumen as acknowle ed b� ore me day of j'/ /111°--e- , 19'x, by '7 -.e,711/4 -i Witness my hand and official��� seal. �/} My commission expires:�/9/( /j /Cl_` S /No ar Publc'� ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the above application, it is hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT ---7/7 1 By /) -1�-'17 President, T: EST: Secretary / /4 y Date This contract includes and is subject to the terms and conditions of the following documents which must accompany this contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. Other -5- iirJ %.'1.11111;11 rN1, 11. }S(ll1r Io0 ri ,/:7• •• ,111 1 , r, (I.ii., \,II('• �'i 460;20.--.:;••1\ \�\I rlrI ), G1 1�� -.•rI 1_ \,, 1101, 01 • 1,1 11 ._ liti14 �• ) •• i - • I i c. 1 Iiii:ii:/'(: ; � \5. ' • �,: II ._j �� ' � 1 1 1"'l Vit_ ,,�' t` ��, �/ al,,i ,,.• ' T.,- //' 1 '1.' /' � = I• •v 6a .'1 II L I l .�` X11 \ it I' ;• '. -- — \ ♦ • 3� 1_._..t it, = 1 ii 1 i ' f' r� it C, 4 �i y. l/ ..._:..______f_. "1 j'\'• I 1 • 1 et 1254 I. .1, 'I a %• 00 • • I. 00 'l DI TCH • 56(•5 i""'":' I((r I I 1 11 I "i 7-"" I • IN -I,I 111 1; C/I • Ac )' ! i 1 1 VI .F 1,•,•(,/u'l\„4„:;:....„,_:-:;.-:v i 4 ./rtli),15 ''' • ;I i 11 l!I' \ a I1 . )1_'' Ls.--:'' ;•••?:4,. ' .*- - . it I; II )- I /1 Sney —_ .. • i 1\` 11 • .7 J „Il 11 f 1•1 \ (ik:�r / 41 11� ..1� ; • • GARFIELD COUNTY COMMISSIONERS, RE: LAMPIRIS EXEMPTION MARCH 18, 1994 I DO NOT HAVE ANY NEGATIVE COMMENTS REGARDING THE EXEMPTION. I FEEL NICK IS SPLITTING THE PARCEL INTO REASONABLE SIZED LOTS THAT ARE LARGER THAN MOST OF THE SURROUNDING PARCELS. MY FEELING IS THAT THE ADDITIONAL WELLS REQUIRED FOR THESE LOTS (IF USED STRICTLY FOR HOUSEHOLD USE) WILL NOT AFFECT THE WATER TABLE. I HAVE ALWAYS FELT THAT IT IS NOT MY RIGHT TO TELL SOMEONE ELSE WHAT THEY CAN AND CANNOT DO WITH THEIR PROPERTY. THAT IS THE MAIN PRIVILEGE OF OWNERSHIP. IF PEOPLE OPPOSING THIS EXEMPTION ARE AGAINST IT STRICTLY BECAUSE THEY DO NOT WANT TO SEE ADDITIONAL DEVELOPEMENT ON SILT MESA, THEN THEY SHOULD POOL THEIR MONEY AND PURCHASE THE PROPERTY INTO THEIR OWNERSHIP AND KEEP THE LAND AS IT IS. MANY FORGET THAT THE LAND THEY NOW OWN ONCE HAD TO BE PLATTED SO THEY COULD PURCHASE I| AND FULFILL THEIR OWNERSHIP DREAM. THIS PROJECT CAN FULFIL SOMEONE'S DREAM OF OWNING LAND IN THE COUNTRY. SINCERELY, RON MITTLEIDER (ii,wer722,teteuyelo Board Ross Talbott -Chairman William Montover Sean Mello Cary Schroeder Gordon Witzke • • Silt -New Castle Volunteer F.P.D. Box 236 Silt, CO 81652 Dm Zordel - Chief Stu Cerise - Assist. Chief Ron and Cindy Mittleider Box 821 Silt, CO 81623 Date: Feb. 25, 1993 re: Subdivision of property Dear Ron and Cindy Mittleider, In reference to our phone conversation of Feb. 24, 1993, concerning subdivision of property located at the intersection of County Roads 250 and 261. To recap our conversation, the 31 acre parcel is to be divided into two parcels, a 29 acre parcel and a 2 acre parcel and the zoning will remain agricultural/residential (single family) for both parcels with the 2 acre parcel to be generally located at the Northeast corner of the intersection of County Roads 250 and 261. The Silt -New Castle Fire Protection District does serve this property with fire protection and suppression and has no objections or comments reference this action. However, the Silt - New Castle Fire Protection District does reserve the option to comment or object should future divisions or sub -divisions be initiated or if zoning should change from existing (see above). Questions or comments should be directed to either of the following: Stuart K. Cerise Asst. Chief Bx 236 Silt, CO 81652 876-5607 Don Zordel District Chief or Bx 236 Silt, CO 81652 984-3649 Respectfully, Stuart K. Cerise Asst. Chief • STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1 313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 February 19, 1953 Mr. Dave Michaelson Garfield County Regulatory Offices and Personnel 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Bever Subdivision Exemption Section 30, T 5 S, R 91 W, 6TH P M Division 5, Water District 39 Dear Mr. Michaelson: B 2.5 1993 Roy Romer Governor Ken Salazar Executive Director Hal D. Simpson State Engineer We have reviewed the above referenced proposal to split a 31.3 acre parcel into two parcels of 2.01 acres and 29.29 acres. Well permit no. 162970, issued as the only well on the 31.3 acre parcel, is valid for use in one single family dwelling and for watering of the user's noncommercial domestic animals. The applicant proposes to supply the 2.01 acre parcel with an additional well. Our records indicate that the 31.3 acre parcel was created prior to 1972. Based on this information, we may be able to issue an additional household use only well for the proposed 2.01 acre tract. The availability of a well permit and our recommendation for approval is subject to the following conditions: 1. The property has not been previously subdivided or exempted since 1972. We consider this as a one-time exemption and will not make additional permits available for future splits of either tract. 2. The well permit which will be available will be limited to use inside one single- family dwelling only. Outside use for lawn and garden irrigation or livestock is prohibited. Plat notes and covenants should reflect this limitation. 3. The applicant should provide proof that an evaporative wastewater system will not be required. We could not issue the well permit if any evaporative system is required. 4. Prospective lot purchasers should be made aware of the limitations on water use and other information contained in this letter. We recommend that a copy of this letter be given to lot purchasers and submitted with the well permit application. • s Dave Michaelson Page 2 February 19, 1993 5. Once the parcel has been split, a new well permit must be obtained for the existing well to reflect the new parcel size, A metes and bounds legal description or surveyor's plat of the new parcel must be submitted when this well permit is applied for. Please let us know if you have any questions. Sincerely, LJ rL ' John Schurer, P.E. Senior Water Resource Engineer JS/JD bever.rev cc: Orlyn Bell, Division Engineer James Lemon, Water Commissioner Bruce DeBrine II••• as r•.1 1 • • •111 •; 0 I I 1 .1. • 1 I..._ w r'� v.,. r;M�•a*'y,. J�, ryr,` �vr J' v,.FS.�•`NMn't7�'k?.'�rhl'lV7,I..ey!•N"yl,V�,!r'?{!J"r!'. '��iY�_N !..1CIttrl0!41,41{,.tx/1"/ir7Mrllij• .• •.i .. 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