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HomeMy WebLinkAbout1.0 Application• • • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, Lhe under s i caned_ d‘AN a� (:-1-441/5 ctbtr respectfully petitions the Board of County Commissioners of Garfield County, Colorado, Lu exempt by Resolution the division of 7S- acre tract of land into 3 tracts of approximately g4, 6 "subdivision" and subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-20-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: acres each, more or less, from the definitions of r SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the dowing information. Sketch .map aL a minimum scale of 1"=200' showing the legal description of the properly, dimension and area of all lots or separate interests Lo be created, access to a public ght-of-way, and any proposed easements for drainage, irrigation, access or utilities; . Vicinity map aL- a minimum scale of 1"-2800' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. Copy of the deed showing ownership by: the applicant, or a Letter from the property owner(s) if other than the applicant; and D. • Names and addresses of owners of record of land immediately adjoining .and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and i. Evidence of the soil types and characteristic:; of each type; and Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and -G_L_ If connection to a community or municipal water or sew-ei sy-s-LeM i -- proposed-, . _ tr o rrr-tire-- - governing _ body stating a V • ll.Narrative explaining why exemption is being requested; and I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as IL exists presently is one of not more than three parcels created from a larger Marcel as it existed on January 1, 1973. J. A t100.00 fee must be submi.Ited with the application. 4%, Petitioner r l Mai.liny Adress City Telephone Number St ate • EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt: a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that: such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The hoard shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria,. however, does not ensure exemption. The Board also may consider adds tonal factors listed i n Section 0;60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint: use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; B. A11 Garfield County zoning requirements will be met; and C. A11 lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependabi?lily, and a suitable type of sewage disposal to serve each proposed lot; and E. All state and local environmental health and safely requirements have been met or are in Lhe process of being met; and F. Provision has been made for any required road or storm drainage improvements; and G. Fire protection has been approved by the appropriate fire district. II. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. (The School Impact Fee is $200.00 for each new lot created). PROCEDURES A. A request for exemption shallbe submitted to the Board on forms provided by the Garfield Country Department of. Development/Planning Division. Two (2) copies of the application, maps and supplemental information shall be submitted. B. The Planning Division shall review the exemption request for completeness within eight (0) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application i complete, the applicant shall be notified in writing of the gime and place of the Board of County Commissioners meeting at which the request shall be considered. Inreiiher case, notification shall occur within fifteen (15) days of submittal. • • C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owner, and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Division. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. 'the applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall. approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be net forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedure in Lhese Regulations. 4.2 Recorded at c;'( � ��k Reception No. �- 91'f. r- �1� MAY 0 5 1999 • i) 8 /a e Recorder. WARRANTY DEED THIS DEED, Made this 25th day of Apri 1 19 89, between LILLIAN A. SPATH .now known as LILLIAN A. BLACKBURN , of the — — — — * County of YAvAPA 1 X(YA1YQX. grantor, and THOMAS GREGORY BEVER gpr BOCK 753 pNrca 7 and State of Arizona V:.tc, ILLD MAY $ 5 19R9 State cc. Fel $ ' So whose legal address is c/o Nicholas Lampiris 0793 Valley Road Carbondale, CO 81623 of the — — — — County of Garfield and State of Colorado, grantee: WITNESSETH, That the grantor for and in consideration of the sum of ----Forty Five Thousand and no/100 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the — — County of Garfield and State of Colorado described as follows: LOT 4, Less the East 111-2/3 feet thereof, in Section 30, Township 5 South, Range 91 West of the 6th P.M. EXCEPT that portion conveyed to the Board of County Commissioners of Garfield County in Book 256 at Page 024; and EXCEPT that part lying Northeasterly of the following described line: BEGINNING at a point on the Westerly line of a County Road as constructed and in place whence the West Quarter Corner of said Section 30 bears North 34°36' West 2133.82 feet; thence North 85°05' West 471.66 feet; thence North 03°10' West 409.01 feet to a point on the Northerly line of said Lot 4. TOGETHER WITH the following described water and water rights title to which is NOT included in the warranties contained herein: 41 acre feet of Silt Project Water as known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and fora) as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 1989 and subsequent years, U. S. Patent reservations, and easements and rights of way of record or of an apparent nature The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons 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. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Lillian A. Sph now known as Lillian A. Blackburn by STATE OF CfLXI Arizona County of LINP fA:1 The foregoing instrument was acknowledged before the this C2 -04 -()day of Lillian A. Spath now known as Lillian A. Blackburn My common oxpires , 19 . Witness my hand and official seal. .=````�'` mimic Lcppe<s July 31,1992 ` • .C' , *If i70 V ntr_inver, irisc City,and ". ' t. April ,19 89 , Notary Public No. 932A. Rev. 7-84. WARRANTY DEED (For Photographic Record) Bradford Publishing, 5825 W. 6th Ave., Lakewood, CO 80214—(303) 233-6900 11-86 0 RECORnEn T 3.;VaO-CL•? .M. JUN 1 1993 REC gLiCjj,„G3 MILUR�. \LSDORF, COUNTY CLERK POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That • BOOK 864 1'i.Gi 344 THOMAS GREGORY BEVER of the County of a'// ,5 Ce-p,'C($' and State of /7lygyL/ A)f reposing special trust and confidence in NICHOLAS LAMPIRIS of the County of lz/1F P/& L1) arid State of (1104.c)%; /30C) have made, constituted and appointed, and by these presents do make, constitute and appoint the said NICHOLAS LAMPIRIS true and lawful attorney for them and in their names, place and stead, for their sole use and benefit to grant, bargain, sell, convey, encumber, purchase or contract for the purchase, sale, conveyance or encumbrance of, and to release or waive any homestead exemption they may have in the following described real estate situate in the County of Garfield, State of Colorado, to -wit: 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 estate. 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 13 "t'`-` Day of MAY , 19 93 THOMAS GR ORY BEVER STATE OF COUNTY 0 oY�,�f)ss. The regoing instrument was acknowledged before me this 19 by THOMAS GREGORY BEVER and seal this day of --7 ,`WT`l'NfSS .M �1.,HAND AND OFFICIAL SEAL. ,,Comms.irbr expires: otary Pu lic • • 3 BOO 86; hct qJ 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 West 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. • /rS--3)-Z-00-O`l'$ fb � 1 2. c - 30 - 3 - oma 't0!/ b3'7- oz----- „9 I 2l 3 ,1 :7) "7 - p%..` �S- ) - oo - p02 2/J�lv/s” 19A.)f /MY- i,/ 6( Pe cht.L / 33" 5° KD 2-11.5- 3/L-Oitg 5/L7 Co S'/6 5 Z pow /)/cK e L-1.00 s? O, 4 col 3' a 2l zs 363..d 6lZ �o v^ Z- .. GT) c,/(� /3n'L) /2'9 L . 2/vS-: 303CV/ 97 /9S/P6-4J 2125- -,0-/3,‘ r 604 OI.�"`/ 2/�S'-�� a861/ 777/74.1344--) co 8 I to a 3 1-1? u 6 TE -L. X4 LPN eg, % g, 4'2.R'4' p/ef /NG&RSoLL LPN(' Z124'---'303^ Si t7 do ef/4,52 - — \-y7'% R 44,0 /ii%x7/A/ <7 ,57-44,eoAi x . 193 /N&1' 5OLL Lfrr-15 5,c7� 303—e -037 2/2S-- 3/2 2/ Z1- z. 4-06-- OM Z/27 _. 12 -30; _ OD _ . o zb l- Ti• -s"/ 6t , /4s 09 Ci'NnokJ ✓' 0/ Tr/ X. 69PLE/iA/t) eD0/6 L. /2 YR) c K J ; R n i4 S. K . 7-7 Z.S-... 3D3 -04 7/ Z /¢/V,VtSL./E RD G \// JG,EL � LYn/f9,1J F. PL 12O4N/4 g. G&ju55/E7e 5-7,'L£7 ('/i-Recvti 04 c Cio P/C, .2 3 / M. /70. B oX �� 7 5/c7 e, k/65 -z__ 2 /9n)G) t1o&r &'5T4 t 2A/0 Lr"o o Y/5 do . ,?i). z $° 5-/ do /li 5' Z F2/7/70 eti 21.8 3/l -a4G ..,/#. 651 e452- 3 1,_-i-11i,vo ax 6 t t.la lii,x� t YU /) 2l 24"= Sot 2r Z7 -25i - DOZ �o k 7 /66 y2� 10oil' 2 Contract 1 r Y Map ID Date Act vote WEST DIVIDE WATER CONSERVANCY DISTIRICY' Water Allotment Contract • D?)19 `r66 3 9y Name of Applicant: --C1QM11.S (rQCV)r`'1 be..)er- Quantity of water in acre feet ` a • lr 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 seg., (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 do 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 ie 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 dedreee 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 leas 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: Muniyipal, 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', lot under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Rued' Reservoir, or other wdrks 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 1t li fi • I,._.:.:r•,. -.5.: .! `13`, (\•iia /• • s , ., i1Jt ��• 14 ity ti /., ' ( t •' ia, �� L 331``l % 1 . oma\ I 1 • rIy m '• ., ,Cv, i «• ••••> (:. 2 ` 1 r� I._ :/;q;. � ,7 )' t1 1 . ''};.J.:! i L^U _ I tr\ ...,/,, 3 11. tl,cJ„llt ,ll 11 �\� �~4~., Ill i. \ �k..1...`1; •:.����.''-'' O , I) BS o}g'n=`u. '..\ • ,{ / - `- t (; 6� = � ` U = (.'-'4... c it .i'( :_ ..(}I ,/. jr\c..7..s ---. 1° a• ,�; L. '81 &,O COO I 1EET I r' 086 Ins ;�I f .,, 1'' II i • J ( i I; • ' •' '(.. 034 132.5 I • yhd ( p 1 (�.]'•/ r J. ,� r. s S. It n I i r I. 14-Y-.,. ; .� �a ) r. 6 3 i • ' n I . ,.o • ' 7 'r \��(! _/��\�/�r_�.Il ir�rl wri'"•i'��' -r/��..Ci �` `l � I, JpI . / e • > 11'1 r �-�_--:'u• i •t 1 ;; ` IS�tiI: ,Tr,...„. fi^'I It�-'` • ,„_ (il •1*,,,', • iyY l`_Jl>'.t.,..;.,;., I mo,...,,,:ii:/:.;:i'.;,-;[ r�f% Jlt1i',J.11;)f'i -r( /''�° `�i... ^� R(JLflt��l�•aai r - ,r t.‘,„„.._,.,....,,,0„,.•I t '. _ �I I I ianrr,; I ...v•.,; , wan l ,:_.:::.'f'_:,...—„i) , i% m W 1 t I I 1 • - \r ' w 1 •L -$1 t7 11' r �-. ..� ���. r�E.Nl Crr ':7:17„,.._re . _ .) T .ur '.x ri/1- 1- --I. �_ 9,ci, - \- �`�•.�� 1 ^N( _1__ Int I ..1 r••r C' AN 1_.... ..—� _ ; \ \ OF WF.0 IEH▪ N�'. i. • t.CI)7,Uri•,9DE1...Th Fp t1,,, /' "% UI n5T .. IIIA . RISIN[ 10 a,. l• L';if ,„•:- • 1.• • • kr— •- r , , a: ='1,I. siT l)l •'. I 37.'?0' '119 • 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 WEST "VIDE WATER CONSERVANCY DISTRICT P. O. BOX 1478 RIFLE, COLORADO 81650-1478 625-1887 L OAF -WIELD .HM1 2 4 1994 Secretary/Water Manager 625-1887 Russell George, Attorney Stuver & George, P.C. P. 0. Box 907 Rifle, CO 81650 Nicholas mpiris P. O. B 2 Silt, O 81652 Dear Mr. Lampiris: i March 21, 1994 Board of Directors Kelly Couey 4745 C. R. 315 Silt, CO 81652 Joe Mautz, Jr. 6107 Highway 133 Carbondale, CO 81623 LaVerne Starbuck 1859 C.R. 344 Silt, CO 81652 Gregory Durrett 926 Blake Avenue Glenwood Springs, CO 81601 Samuel B. Potter 0598 C.R. 323 Rifle, CO 81650 Enclosed are the approved contracts, No. 940319 TGB2 and 940319 TGB3, for Thomas Gregory Bever. Copies of the contracts are being submitted to the following 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, Janet „ : Janet Maddock, secretary to Russell George, secretary/water manager Enclosure cc The State Division of Water Resources w/enclosure Division No. 5 Water Resources w/enclosure The Colorado River Water Conservation District w/enclosure VDhe 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 • Cuntgliwt 4V63/7 T c Map rtrii /4/7 Date Activated 3-/9-9V APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICAN p �� N ishc,las-��mp��io Name �� �� �e�;,T ♦ 2v �+�S . l 4- a *AILS z Address 0\%,;.-• i� •�crs,tl �c Telephone Number 7,0;/ 76 - `f Authorized Agent or Representative B. WATER RIGHT OWNED BY.APPLICANT. Name of Right L.as“ C> 1 +-, i � �. \\ N O . Type of Structure or Right , c Location of Point of Diversion C_ P . 1 rrla Water Court Case No. Well Permit No. C. INTENDED USE OF LEASED WATER Location of Area of Use 5,\\ /A?rcL Description of Use Number of Dwelling Units Total Acreage (1,1`-)1 Proposed Potable Water System WdI Proposed Waste -Water Treatment System Se (AIL./teat>4r,Q Projected Monthly Volume of Leased Water Needed in Gallons: Jan. Feb. Mar. Apr. _ May June July Aug. Sept. Oct. Nov. Dec. Annual Total Gallons Acre Feet Maximum Instantaneous Demand i-<— gpm D. OTHER REMARKS Unknown when cill will he nn the river Leased water will be needed for augmentation.in any month there is a call. n A'PP SIGU AMIE OF AGENT .QR R11-RENrnrlVE i Contract 1 T40 ?) 1(` _j (, � `- Map ID M 1q1 Date Activated ,3-1(-1 WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract (� Name of Applicant: \ �(�Y���: r5 c� c,��•csA V.) c-).\,) E'er Quantity of water in acre feet I ��• 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 appliation, and subsequent delivery and use of water, Applicantc the following terms and conditions: 1. Water Rights: Applicant shall own water rights to st the point of diversion herein lawfully entitling Applicant divert waterhich lican�t winte ds will toe divert through:lemented wateraell, it d herein. must be If App understood by Applicant that no right to divert exists unt 1 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 direct flowhwater oright State snot ninr�prioreer dity,lgperiods d the District shallrelease 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 priorityof the District's decrees and by the physical and legal availaility of water from District's sources. Any quantity allotted will only be provided so and the Applicant fully complies with all long as a : fthetermsandailable conditions of this contract. Tho District and the Applicant recognize that some of the Diatrict's decrees may be in the name of the Colorado River Water Conservation District, and the bili y of bdhe District ct to allot direct flow rights to the Applicant aconsent of he Colorado licant determinesr it or quires ol�easswater than trict. If aht any time theeApplicant the amount herein provided, it may so notify the District in writing, and the amount of water allotted under this contract shall ebe cadjusted accordingly in following e, be ed ermanently in owing water years only. notice. Ratesshall l 3. F3loedidbyLocation Districtnshallabevused for se: Any and all water allotted Applicant the following beneficial use or uses: Municipal, domestic and related uses, or irrigation a be commercial available (except forep irrigationxtand ent that Ruedi water mayy commercial as those terms are defined on page 5 of Contract No. 2-07-70-W0547 between the UeSStates teseandithe ial useWest DividyenWater ter Conservancy District). Applicant's water allotted shall be within or.th oughfac 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 tho District, or from other osatvailab e to the District, shall bo delivered to tho Applicant works of oaid storage facilities or at tho decreed point of -1- Annual payment for the water service described hereina shall be determined by the Board of Directors o $hal lhe District atia per acre -toot rate. The initialaannraltheapayment of notice to the full, within thirty (30) dapspayment is due. Said notice will Applicant that the namongl other things, of the water delivery yearadrse the Applicant,a ment shall apply and the price which to which the initial ear. Annual payments for each year is applicable to that Y by the Applicant on or before t eacreafshallbe due and payable ment is not made by the duh date, each Janneuaa ry 1. If an annual p Y the District to the written notice thereof will be sent by ated by the Applicant in Applicant at such address as may writing. (If no address has been s t'se address sett forth writing, then. Watersate noticeeshall be sent to Aof a water year shall require payment for Cuse for any year.pnothing herein shall be construed ao as to the entice water the annual rate in its sole prevent the District from s oadnly ting discretion for future yeardays after the If payment la not (10)mApplicantnton ahallatDistrict's sole date of said written notice, ht, title or interest under this option have no Furtherer right, ely contract without further notice and delivery may be curtailed) and the allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at tho discretion of the Board of Directors of the Diotrict• to the District, the 7. Security: As security in evaDis of water foregoing covenant o` annualpayments i and appropriation of Ciwn water delivery, will be fully met byball opriation of to the Diotrict, the Sunda from such sources of revenues as may. be leg to licant. As additional security person, App Applicant, hold harmless the District othnd governmental entity, Applicant ai quasi -governmental entity, or corporation, due to the entity, Portdiscontinuance mithe ln herein contemplated fthe on a Applicant current basis, expenses Applicant agrees to defray any out-of-pocket incurred by the District in cobnutcnotnlimitedthe toalreimbursemey nt of rights hereunder, including, legalater t and sad iudication onecessary to allow Applicas incurred in nt' attuaet�of such rights andadjudication allotted water rig in re 8. Asti nment: This agreement shall arture to the bbenegit of the e ra, auccessora or asaQ9�ltt d linpth° event the except that no assignment shall be P lwand which will be hereunder s ortootherwiae for ho dsthe or theown d in n sep d ateo n© ahipbinterests by two (2) or more u right allotted hereunder. In no event shall tra owner tofba a portion, but los° than all, of the APPliightsahoraundor. Any rty served under this contract, have any r rights under Chia contract shall e Applicant's rirghts such requirements as the assignment of and mhe ust comply D subject to, regarding aaalgnmontaof contract rights and may hereaftersumionaofPcontract obligations by est and ucthe othing herein shall prevent °UocoasorUDiotaipt for successors, ro erty from applying in Applicant's prate allotment contracts. individual and separate the Other: Rules: Applicant shall be bound by 9. Act of Colorado by the rules onservancy, and all andvre ula of tis Water all other and regulttions eof)�and asupplements othereto °ands by ycal amendments Cher applicable law. Applicant 10. a n stance ,gcsntr with the Operation and Haintenanco Aaroomonts PP shall cntar into an Para on in the Board ofe ons DDistrict under toms irector° of the District, itnand iwhen, themBoard of said District -3- ?a • • determines in Its sole discretion that such an agreement la but shall not be limited required. Said agreement may contain, connteration tedr to, provisions for additional annualrvicesmonetary for additional extension of District deliver maintenance costsy or for other administration, operation, costs to the Districtarise through services made available to the ApPicantwhich may 11. Chance of Use: The District re6e vesny the change exclusive right to review, reapprove or disapprove use other than that setn oe of herein water allottedleasehereunder. ofAny the water or [wate rir ghts forthhts heroie or any written app allottedthereunder without the prior 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 tie 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 therhee n or any lease osale argthe rapha8er ot abovo,,aohallter ibetdeemedlto be a material permittee d In ofd breach of this agreement.rood that nothing 13, Title: It is u dr th© Applaca9t any equitable or herein shall beiinterpreted to givewater or water rights legal fee title interest in or to' any referred to herein. commonly 14. Conservation: Applicant shall use ted conservat on practices with ©aspeto bo ct to the water and accep herein,• and hereby agree ct gos adopted hereafter by the District for use ° Donservationplanor District owned or controlled water water ts. 15. Restrictions: Applicant shall ended to restrict IItrlcgreement)t uses as follows (unless spec t c Ova rvers are app Violation of these restrictions shall bo deemed to bo a materia broach o! thin agraainenti: Annual Maximum Diversion Use 1/3 acro foot Household l - 3 acts ftot Domestic (includes lawn) 1 acre cre foot head Irrigation (cattle) 2 - 3 acro fret/acre Irrigation divert 16. Well Permit: If Applicant intends to• through a well,"—th-iT—IAPPlicant must provide to District a copy of permit before District la obligated to Applicant's any water hereundr. deliver any this agreement, Re resentations: By executing 17. anylegal or Applicant agrees t at e s not relying on enginee advice that he may believe ho has received from the Districting owna sources other District. Applicant further acknowledges ahiaohaa obtained all necessary legal and engineering than the District. Applicant further acknowledges that the guarantees, warranties, or assuranC°auantwhatsoever ttis District mquantityor quality of water available purse t to this about the . Should the District be unable to provide contracne• no damages may be assessed against the District, nor may Applicant forherein, i i3licant obtain a refund from the Dietl ct. nc u 0 Applicant's contract 18. Costs of Water Folin •: Should the District, on,for alternate point of diversion in its own disc alocant hereby agrees to pay to or heroin in a water court filingthe the plan of augmentation, tion App when anssased, an additional foe roproaonting licant's riotriea, and reasonable coats and foes for App District a actual share of the Proceeding. -4- • • 19. Binding Agreement: This Agreement shall not be complete nor binding upon District Purchasesofttached Wat s hfromothe is the form entitled "Application 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 RI.GFHT 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 t//) k.CYi Pl/ /i) COUNTY OF //- 7L ) The foregoing instrument wass acknowledged byacckno�wle ged efore me ° _,`�� this �;� day of j)1 t1-4'��rf , . ✓/ I 8s. APPLICANT; By 1� ; . 9 �` ��`�(�'-'9� APPLICANT ADDRESS: Witness my hand and official ,gsseeall. �L^� My commission expires* N Y -'41-3 /i public ORDER After a hearing by the Board of Directors ofothee it West t Divide Water Conservancy District the grantedaand this contract pplicatiherebyby ORDERED thatatsaidd application be shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCYER1DISTRICT By '` e`'.e (1-e Pres 'e t , TTEST; ecre ary Da e 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- 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 WEST VIDE WATER CONSERVANCY D•RICT P. O. BOX 1478 RIFLE, COLORADO 81650-1478 625-1887 MAR 2 4 1994 C>iARF ELU �✓�.. Secretary/Water Manager 625-1887 Russell George, Attorney Stuver & George, P.C. P. 0. Box 907 Rifle, CO 81650 March 21, 1994 Nicholas mpiris P. O. B 2 Silt, O 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 Enclosed are the approved contracts, No. 940319 940319 TGB3, for Thomas Gregory Bever. LaVerne Starbuck 1859 C.R. 344 Silt, CO 81652 Gregory Durrett 926 Blake Avenue Springs, CO 81601 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, 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 i. -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 Date Activated / cL - q �/ APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICAN a �.� �� rr� ,�i 5 P.O. %oda" Name .. ; N rc hylas Address U1 fi5 ��trs.`I .,, t S . 1 t- `NILS z Telephone Number 3 / '76 - `fc Authorized Agent or Representative B. WATER RIGHT OWNED BY. APPLICANT, \ Name of Right Lo.m \ o . Type of Structure or Right LI l I I Location of Point of Diversion Water Court Case No. Well Permit No. C. INTENDED USE OF LEASED WATER Location of Area of Use S,\\ %�1 r Lk, \laili Description of Use o L tc( «� �i ��� e}+`c, Number of Dwelling Units Total Acreage �1,1`�� Proposed Potable Water System • Proposed Waste -Water Treatment System S o� °� Projected Monthly Volume of Leased Water Needed in Gallons: • Jan. Feb. — Mar. Apr. May June July Aug. Sept. Oct. /97 Nov. Dec. Annual Total Gallons Acre Feet F)„ c Maximum Instantaneous Demand �( gpm D. OTHER REMARKS Unknown when call wit] hp on thc� riwnr Leased water will be needed for augmentation in any month there is a call. n49.r SIGNA'IU E OF AGENT ,QR REflU NTAI'IVC • • Contract T40 ?i OA, -r(1715 Map ID # / -1 Date Activated 3-161 -cjy WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract p Name of Applicant; \�G'MC 3 Ls- i r-��C \ be.) cif -- 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 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 right State not ninneer priority,1gthe riods Distri twhen said direct shallrelease foin acre-feet r storage water or licant up tcontrolo said led controlled by per the use of the District..Ite ar oft is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the riorit 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 theconsent of the Colorado determinesWater it requires olessDistrict. than attany time theeApplicant the amount herein provided, it may so notify the District in writing, and the amount of water allotted under this contract shalin ance with such notice. Rates shallbe b ecadjusted accorded ingly 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'th oughfacilities sccontrol.li esor 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 atvailabhe available to the District, shall be delivered to the App t 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 bo 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 reputations 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 (December 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 Augmentations Decrees for alternate points of diversion of the District's water rights or storage water may bo 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 cf 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 tho adjudication thereof. 6. Annual Payment' Annual payment Lor 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 tho initial payment -2- a • Annual paymentthefor eoa deoEwater Dicectorsice of thea Districteatlna per e dtermined by annual uacre-footwithin thirty (30)i dayslafter theaydate ofall be notice made, to the full, payment is due. Said notice will aApplicant thatApplicathe nt, other things, of the water delivery yeardrse the App a ment shall apply and the price which itthe initial year. Annual payments for each year thereafters applicable by the Applicant on or before shall be due and payable the each January 1. IP an annual payment is not y thoe�iotrictuto date, the written notice thereof will be sent designated by the Applicant in Applicant at such address as may g then writing. (If no address has been so se signets sot ruing, the. Waterate noticeueshall partnofto a water year shall require payment for use for any p phevententire thewater Districtyear. fromt adjusting herein theshall annualconstrued in its as to sole pr ears only. discretion for Futuro y 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 bo index this contract without further notice and delivery Y curtailed: and the allotment of water, as herein made, may be transferred, leased, lease , oro othf erwise disposed of at the discretion of the Board As security d 7. Securio to the District,the :a ments in advance of fgi eleong cove—ii-int o etnbylannual budget and appropriation of delivverry, will be fully met by funds from such sources of revenues as may' available to to thebo legally District, the the Applicant. As additional securityperson, nye Applicant will hold harmless the entityior other governmental strict and any corporation, quasi-governmentaldue to the entity,for discontinuancein herein contemplated e of the on a Apppplicantfto maintain the paYments current basis. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection limthedhe eoalloreimbursemententofter rightslhereunder,dincluding,in water legal and engineering costs Incurred allow Applicant�'atuaenof such allottednd wateruright$on necessary 8. Assi nment: This oraassignenofsthe parties heretohall inure to the@ benefit of the e rs, successors in the event waexter that allottedgnment hereunder shall is bepermitted pbe mused dfor the benefitthe of waner right interests by two (2) or more users of the water land whichowill be subdivided or °twise shallheld theoownorowned of a separate right allotted hereunder. In no eventApplicanta property to bo portion, but less than all, of the App rights hereunder. Any served under this contract, have any assignment of the Applicant's rights under this contract onrcs alt bee subject to, and must comply assignment requirements contract hereafter adopt regarding atign byn assignees and District may to a portion rights and the assumption eein shall prevent gsuco°esh©rspistaipt for ouccAppoic. Nothing property from applying of Applicant's rate allotment contracts. individual and sop Other: Rules: Applicant shall bo bound hQ by 9• and all provisions of t e Water onaervancy, Act of Colorado: gall other and amendments regof ulations d ard of supplementsors of theretooaDnds byall amendments applicable law. Applicant a n ce . ment:nt' with the 10. Operation and Maintenance A•roemontr pp shall anter into an •?era on an the hoard ofe DDistrict under irectors of the tDistrict, iferms and nand iwhen, the one determined of said District -3- • • determines In its sole discretion that sgchllnnot rbe eement le e required. Said agreement may contain, connderation ted to, provisions Eor additional annual arand for additional extension of District delivery services administration, operation, and maintenance costs; sorvicor r other ther costs to the District which may arise available to the Applicant. 11. Chance of Use: The District reserves the exclusive ive right to review, reapprove or disapprove any proposed in use of the water leaseord hereunder. ofAny theuso waterother or than waterthat rights forth herein or any approval of the allotted hereunder without the prior written app 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 min-ire—rind on t e property described in the documents submitted to the District at the time this agreemehtaisrexecuted thereto), (said documents are incoroperationandd maintenanceherein bagreement provided yereto), or in any use other than as set forth thereon or any lease Applicant. Anyter than as permittedsin°paragrapha8Qabove,Jashall ibetdeemedito beother of the wtr oramaterial breach of this agreement. 13. Titles It is understood and that nothing herein shall be nterpreted to give the Applicant legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use wateronly accepted conaervat on practices with reesp c be bound by and t water rights herein,' and hereby conservation plan adopted hereafter by the District for use of District owned oc controlled water or water rights. 15. Restrictions: Applicant shall restrict uses as follows (unless spec t c wa vera are appended to this agreement). Violation ofitlthese restrictions shall be deemed to be a material breach Of Use Household Domestic (includes lawn) Livestock (cattle) Irrigation 16. Well permit: If Applicant intends to. divert through a wel17--EFen—Tpplicant must provide to District a copy of Applicant'swvalrid well dpermit before District Is obligated to deliver any 17. Ileibrosor tiona: By executing this agreement, Applicantngagrees tat e a not relying on any legal or advice that he may believe he has received from the e Dngineering Applicant further acknowledges that he has obtained all District. APP advice from his own sources other necessary Dist and engineering than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances auant teswhaso ver about the quantity or quality of water available cavies t to waters unable to agreement. should the District be may be assessed against the contracted for herein, no damages District, nor may Applicant obtain a refund from the Diatr ct. 18. Costs of Water Court Piling: Should nthes D istrict, in its own disc e on, c 0000 nc u APP lica'ntract for alternate point of diversion herein in a water court filing Applicant hereby agrees to pay to plan of augmentation, then the the District, when assessed, an additional tee representing District's actual and reasonable costs and foots for App share of the proceeding. Annual Maximum Diversion 1/3 acro foot 1 - 3 acre fent 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 Erom 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+/,vA COUNTY OF �' %11'/) ss. this APPLICANT: eyI/ APPLICANT ADDRES: L2L> Z. �Z: K_. S c,v 'The foregoing instrument_ was acknowled dgged before me o day of / )/ )1-7)1-7)C.•�.• if , 19''� , by'1CIC-7.'�1 >G,/a ��— Witness my hand and official seal. My commission expires:41 � giVi`')!1 � r 74,1_0 -'�` i�I�J .111!"11ub1c 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 By 4(e- C- L/ 1. (-1.,Gc Presiderit 1- 7) TTEST: GC,�ilf( 1 ecre ary t 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- I 0 �.1 ( ;ii i� 0 1 ul. • - n ' ;\• I P- I �" i = J // — • — - yY~. _ /../7- sec° ii I •,1•H cr • • \ dl NCI A '' i I I J, '1 - T1 ("( \\ / it lI 'Il -- -- T! - — i%n\ \ . • ji % �.-.f_- ) - \I x- ( •�° , \ 11:— fl— \ J; / • • ,• fv 111. i -- • ' 1 _..) I. IJI: y - 1 • (1 7 a' • G�o3 ., : ... - l',4,1 "-777.:'. 77.,,,,:::: .2 .• ..-_- ! :.- ,__;. _ . , .....i , ,. ,. ,. ; n11 - I. -/ n I =I •-:\, ),-1 J n _ I•v • 2x` i ` 1 __ ,I. _ _= — ( 2. rrl !..:: - \ 7. -i_ -......,.---„,,j--. '''' _- ! ct 2 1 1• ` I�° •_� _ �- r f`,,-_/ i. 2 71lir. �::� L., 4--"E' wCASTLE .---6-,---+°I. (NEW C /45 Nl GLEN WCOD SPRINGS l7 Ml. T 4463 11 SE cN ' Oo b O • °n • c • r /1,90 �� ;�rN' ``„/�;: • OSI • 1•.'' P. • :) '•. r a, �� --i 1,• ; Zs :, ,' /-_-:-• 1 rvey` . ap f_ 2' ,•• ,frA It �./ . // 61 _� II rj- /y •i- ,1 `- + • ti IIt - o 4' oo OT N u to to ) r' ;;(`1\5y, \Yy\"� �:���•� �. . i� ti� -, •I • • • �^ c� i')f ���_� \ice~''u�i•,�' ;� _. :_ice /.' c:ui� ct # {'/ 3 i `1 T G Q - Date Activated 3 -1 `{ - 9< APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT/ p,p Stix a Name '�o,��s Cr(1C{,:,{ e� rt (46Ntcl�c,\Cl=3-�LmP�ris Address UI`b5 1��[ S 1 1 filLS Z Telephone Number ti� 3 / X71 - `> `L Authorized Agent or Representative B. WATER RIGHT OWNED BY APPLICANT Name of Right �o,m o r i � e \\ N Type of Structure or Right Lr 1 ( I Location of Point of Diversion _ 1.r----- Water Court Case No. Well Permit No. C. INTENDED USE OF LEASED WATER Location of Area of Use 5.� /�� r �L Description of Use <� CYr �s+`cam Number of Dwelling Units Total Acreage Proposed Potable Water System �UzI) Proposed Waste-Water Treatment System 5 i u // et t �Q Projected Monthly Volume of Leased Water Needed in Gallons: • Jan. Feb. Mar. Apr. — May June July Aug. Sept. Oct. 151 Nov. Dec. Annual Total Gallons Acre Feet >� Maximum Instantaneous Demand gpm D. OTHER REMARKS Unknown when call mill be on thn r'vr�r Leased water will be needed for augmentation in any month there is a call. DATE SIGNA'Iu:T OF ACM' .0R pI �REsI�TawavE • • Contract 1 Map [D 1 V Date Act vatec b:2)19 TGC 3 3-19-9y WEST DIVIDE WATER CONSERVANCY O[STRICT Water Allotment Contract Name of Applicant: \C\O cY\(R `D �� 'Cs r'\ Fr Quantity of water in acre feet 1 a • 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 here n 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- • • 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 leas 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 nothing herein shall be interpreted to give tho Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict 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 that he may believe he has received from the District. Applicant further acknowledges 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 complete nor binding upon the District unless attached hereto .is the form entitled "Application for Purchase of Waters 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 RIGIIT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLE•'TION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTIIERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR UAHIS WITHOUT WASTE. APPLICANT: 13y APPLICANT ADDRESS: l Z rc,?<- S 6 �e(L.PKCA-k6 20 ycD STATE OF inekcooiih h,) COUNTY OF /'/%T'ss. The fore 9,ipg„ �s/.trumen as acknowle .ed b this day of, 1 , 1V/ �, by '/'Zi/4/A-- Witness `'/a/°Witness my hand and official seal. �/y My commission expires:� �/ ile/0/// /9 S ore o Ci 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. EST: •cretary WEST DIVIDE WATER CONSERVANCY DISTRICT 1 By/1t L co preside to 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- SEO-IjiTR IiI'.) 5 TEL : 303-045-5665 Form No. 0W9-25 APPLICANT Apr 29 94 OFFICE OF lit STATE ENGINEER COLORADO aMSION OF WATER RESOURCES 816 VontOnhlAi Bldg.. 1313 gttiarman 61„ behvc+, C.dtor'ado 80203 (303) $66"938 t • BEVER GREQ/NICK t.AMPIRIS 0185 INAERSOLL LN SILT CO 81652 ( 303)876.5400 002IMIT TO CONSTRUCT A WELL • = :50 No .001 F WELL DANT" NUMBER 043453 DIV. 6 CNTY. 23 WD 39 DES, BASiN 1 Lvt: R 9lock: Flung: BubdN: LAMP1fiI3 EXEMPTION APPROVED WEU- LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section au Twp 5 Et RANGE 91 W 6th P.M. DIS1QtjQ FROM SOTION__trtau 1000 Ft. from South Section Line 530 Ft from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT NDFtiONS OF A____311:18;a91, This well shall be used in such a way as to cause no material Ir1Jury to existing water rights. The Issuanoe of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner ofd vested water right from seaking relief In * civil c01.11 ation. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 OCR 402-2, unless approval or a variance has been granted by the State Board of t'xaminers of Water Well Construction and Pump Inetallativn Contraotors In accordance with Rule 17. 3) Approved pursuant to CRS 37.90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated when the West [Wide Water Conservancy District's substitute water supply Marl, approved by the State Engineer. ie In effect mg when a water allotment contract between the welt owner and the West Divide Water Conservancy District for the release of replacement water from Rued Reservoir Is to offeot, or under an approved plan for augmentation. 4) The use of ground water from this well Is limited to ordinary household purposes Inside one (1) single family dwelling and the Irrigation of not more than 12,000 square feet (0,27 Of an Dore) of home garden and lawns, 5) The maximum pumping rate shall nut exceed 15 QPM. 6) The average annual of amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). A totalizing flow meter must tae installed on thls well and maintained In good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The writ shall be constructed not mare than 200 feat from the location specified on this permit, and more thn 600 =' u`1 7) foot from any existing well. APPROVED JS1 Receipt No. 03672696 DATE ISSUED II PR 2 9 1994 E ION DATE A` 2 9 995 ISSUANCE OF Tf-IIS PERMIT DOES NOT CONFER A WATER RIGHT calp_MILO4ekeeiMl 1) This welt shall be used in such a way as to rause no material injury 10 HXisting water rights, Tne 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 richt from seekiric relief Ina civil court action. 2) The Construction of this welt shall be In compliance with the Water Well Construction and Pump Installation Rules 2 OCR 402-2, unless approval of a variance has boon granted by the State Board of lr <Qminers of Water Well Construction and Pump Installation Contractors in acoordance with Rule 17. 6) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point or diversion to the Avalanche Canal and Siphon on the condition that the well shall be operatedQn y when the West Divide Water Conservancy District's fiubstitute water supply pian, approved by the State Engineer, Is in effect end whert a water allotment contract between the weil owner and the West Divide Water Conservancy District for the release 01 replacement water from Ruedi Reservoir is In effect, or under an approved plan for augmentation. 4) The use of ground water from this well is limited to ordinary household purposes Inside one (1) single family dwelling and the Inigation of not more than 12,000 square feet (0.27 of an acre) of home gardens and lawns. 5) The maximum pumping rate shall not exoeed 15 GPM. e) The sverege annual of amount of ground water to be appropriated shall not exceed one (1) acre-foot (325.850 gallons). 7) A totalizing flow meter must be Installed on this well and maintained In good Working order. Permanent records of all diversions must be maintained by the well owner (recorded at toast annually) and submitted to the Division Engineer upon request. 6) The well shall be constructed not more chap 200 feet from the location specified on this permit, and more than 500 feet frorn any existing well, APPtOVEo JG eam. enanq. Receipt No, 03367269A SECI-111TR L I .:5 TEL :303-945-5665 I p r 29 94 Form No, OFFICE OF 1 „ STATE ENGINEER (3W3-25 COLORADO DIVISION OF WATER RESOURCES eta obetenninl MAL, 1319 Merman St, Denver, Colorado 80203 (003) 066.3581 6PPUCANT BEVER 13REO/NiCK LAMPIFtd$ 010 INQERSPLI. LN SILT CO 81652 ( 303) 876-5400 •• < : 51 No .001 F' .03 4/3/; 79,94 0' h_i U1 v7i o WELL PERMIT NUMBER 043452 DIV. 5 CNTY, 23 WI) 39 DES, t3ASIt - Lot; 8 B(cok! LIC FIAnq; 6ubdiv: LaMPIRIS EXEMPTION PENbINCI APPROVED WELL LOCATION • GARFIELD COUNTY SW 1/4 SW 1/4 Section 30 Twp 5 S RANGE 91 W 6th P.M. DiUTANGES FROM S CTIONj,.INbs 200 Ft, from South Section Line 660 Ft. from West Section Line GATE ISSUED A r R 2 91994 E PIRA ION DATE p1995 Firm No. GWS -25 APPLICANT OFFICE OF THE ENGINEER COLORADO DIVI OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St.. Denver. Colorado 80203 (303) 866-3581 •. LIC WELL PERMF NUMBER 162970 DIV 5 CNTY 2 3 WD 3 9 DES. BASIN MD Lot: NICK LAMPIRIS/GREG BEVAR 0185 INGERSOLL LN SILT, CO 81652 303-876-5400 PERMIT TO CONSTRUCT A WELL Block: Filing: Subdiv: APPROVED WELL LOCATION COUNTY GARFIELD SW 1/4 SW 1/4 Section 30 Twp 5 S , Range 91 W 6thP.M. DISTANCES FROM SECTION LINES 5 0 0 Ft. from 4 3 2 5 Ft. from South Section Line East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of 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. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a residential site of 31.3 acres described as that portion of the SW 1/4 of the SW 1/4 of Sec. 30, Twp. 5 South, Rng. 91 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit "A". 4) The use of ground water from this well is limited to ordinary household purposes inside a single family dwelling and the watering of the user's noncommercial domestic animals. The ground water shall not be used for irrigation or other purposes. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. OWNER COpy APPROVED: JD2 /71:1 ;;L y State Engineer Receipt No. 0 3 3'5162 rr 'V)1,3 By DATE ISSUED _FEB 2 0 1992 EXPIRATION DATEFFR 2 0 1994