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HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 3-28-101(10)(a) - (d) as amended, and the Subdivision Regulations of Garfield County, adopted April 23, 1984, Section 2:20.49, the undersigned ELW Land Company, Inc. respectively petitions the Board of the County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of one 92.264 acre tract of land into four tracts, one tract having approximately 73 acres, one tract having approximately 3.3 acres, and two tracts having approximately 7.9 acres, from the definition of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101(10)(a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: 1. Petitioner wishes to sell the existing farm house and associated out buildings on a 3.3 acre parcel of land. Petitioner anticipates that the house will be used as a primary residence and that the property will be used to pasture horses. 2. Petitioner wishes to build and sell one single family residence on each of the 7.9 acre parcels. Petitioner anticipates that each of these parcels will be used as a mini ranch. 3. Petitioner has not yet determined its long-term intentions with regard to the final 73 acre parcel. At this time, however, Petitioner intends to retain the agricultural use of the land. (It is being used primarily as a hay field at this time). Respectfully Submitted, ELW Land Company, Inc. By: 7C/ Zi heila Kennedy Wil s, President 82 Roaring Fork Avenue, #B3 Carbondale, Colorado 81623 (970) 963-8324 Lo+ 1= 3.3gacre5 Lott 2: q 1 a acre Loi- 3 = 77, G acres Loi_ 4.: 13. O� Qcreg WELL S89'31 '28"W 131,3.06' CENTER 1/4 GL'<A SEC71ON 4 M„ fr 1,9f .00/V co N89 23'49 "E 419' 311.67' �' .•-- SHED rl SOU W 10.75 ACRES .(c)5317-5 .7- Lot Z LOT 1 N00'37'54 "W 1318.33' 1 W r Lo -f 1 x o SHED N Loi3 SEt/4NE1/4 wE [ POWER UN lElEamoor DA6L'E NE1/4SE1/4 COUNTY ROAD S88'52'SO"W SCALE 1 INCH - 900 rr. 1315.80' R -O -W r FENCE 'DRAINAGE CHANNEL` S00'43'28"E 1278.70' TELEPHONE VAULT TELEPHONE RISER EAST 1/4 CORNER SECT/ON 4 FOUND STONE COUNTY ROAD = access ÷ U{, ('i49 egscrne' 044 ea serrx.3k' MIMED L Ely 4773 274 Rd SIM CoAvrodo e ( V 7 c 3prO1L, M oF , cr.v.41a'1 SE CORNER SECT/ON 4 BRASS CAP 1ST & GRAND TOWN OF SILT SKETCH PLAN WILLS SUBDMS/ON EXEVP770N G4Rf7ELD COUNTY, COLORADO 1141e State Documentary Fee $34.20 PERSONAL REPRESENTATIVE'S DEED THIS DEED is made by Allen R. Koeneke, whose address is 0404 Stagecoach Lane, Carbondale, Colorado 81623 as Personal Representative of the Estate of JOHN CONTO, also known as JOHN H. CONTO, deceased, Grantor, to ELW LAND COMPANY, INC., whose legal address is P.O. Box 10091, Aspen, Colorado 81602, of the County of Pitkin, State of Colorado; WHEREAS, the Last Will and Testament of the above-named decedent was made and executed in the lifetime of the decedent and is dated January 16, 1984, which will was admitted to formal probate on February 14, 1995, by the District Court, Garfield County, Colorado, Probate No. 93 -PR -59; �t o a N m m • 19 - • P.- m GI •8 — • co w -Joy • ▪ u, (11 mm® CS) z03� WHEREAS, Grantor was appointed Personal Representative of said Estate on February 14, • - 8o-► ave '71 03 1995, and is now qualified and acting in said capacity; NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer, and set over unto said Grantee, for and in consideration of Three Hundred Forty Two Thousand Dollars the Real Estate described in Exhibit A, attached hereto, situate in the County of Garfield, State of Colorado, the street address of which is 0969 County Road 231, Silt, Colorado 81652, together with 200 acre feet of Silt Project • Water and the Well Rights described in Well Permit - Conto #1, #7689 and Well Permit - Conto #2, #23061; With all appurtenances. Executed March 28, 1997. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. N m CO N n O c 0 m C / 4 �. Allen R. Koeneke Personal Representative of the Estate of John Conto, also known as John H. Conto, deceased The foregoing instrument was acknowledged before me on March 28, 1997, by Allen R. Koeneke as Personal Representative of the Estate of John Conto, also known as John H. Conto, deceased. Witness my hand and official seal. N S. `�. 0F • My commission expires: 3/1-y9c-6.,-- RETURN TO: MASON & MORSE 801 COLORADO AVE GLENWOOD SPRINGS, CO 81601 • • EXHIBIT A PARCEL 1 The South 10,75 acres of Lot 1; SF.1/4NFs1/41 111t1/1St+I// of Section {. To 6th r. N. Township 6 South, Ran9e 92 West of the COUNTY OF CARFIEGo STATP, OF COLORADO PARCEL j1 That part of the 6th Principal SWI/4Ni,r1 Incl /4 of Section 3 of a county road Meridian, 1 , Township road as ying Westerly of the Westerly 6 -youth, Range 92 West of Section constructed and in 3• Garfield Count Mace andWesterly, right of Y, Colorado East of the way lure . described as follows; West line of said he9lnnlny at a corns Point on the r of said West line of and Section 3 (}rel said Section 3, %. Township 6 South ng the same whence South 144.72 as the 1/4 co the {Vest 1/4 feet; , Range 92 West of the roar between thence North 6th Principal n Sections 3 h 1117.69 feet pal Meridian) bears the Westerlyalong the thence right of w Wert line of said S S. way line of said road; action 3 thence .g 26 degrees 19'30„ to a point on 23 E. 71.55 feet thence S. 14 degrees 29' S. 208.29 along said right degrees 55, feet along said to of way line; thence S.F. 220.96 right of thence S 00 degrees 5B, feet along said way Line; 21 E. 190.27 feet ci rig}rt of thence S. 10 4B W. 273, 61 along said way line; agrees feet right of wa}, line; thencedegrees 03' along Said right N. 85 degrees W. 211.02 feet of way line; section 3� g sea 12' W. 36,5 along said right the Point Feet to g of way line; of Ae_glnning, a point on the west Line COl1NTy OF GARFI of sa ld STATE &GU OF COLORADO 01111111111111111111111111111111111111111111111111111 506510 04/01/1997 05:00P B1014 P181 302 2 of 2 R 11.00 D 34.50 N 0.00 GARFIELD COUNTY CLE • ELW LAND COMPANY, INC. PETITION FOR EXEMPTION SURFACE OWNERS OF RECORD WITHIN TWO HUNDRED FEET Richard L. Helmke & Mary Alyce Doll 3175 S. Dexter Street Denver, Colorado 80222-7263 (2179-041-00-030) Kay R. Larson P.O. Box 36 Silt, Colorado 81652-0036 (2179-044-00-009) Tony J. Zarlingo 970 County Road 231 Silt, Colorado 81652-9779 (2179-032-01-001) Si. Zarlingo ounty Road 231 Si t, Colorado 81652-9779 (2179-032-01-003) • James C. Roark Trust dated 8/11/95 6303 County Road 233 Silt, Colorado 81652-9773 (2179-041-00-199) George McClune 3655 County Road 100 Carbondale, Colorado 81623 (2179-044-00-007) D.E. Dunsdon P.O. Box 404 Silt, Colorado 81652-0404 (2179-032-01-002) D.E. Dunston P.O. Box 404 Silt, Colorado 81652-0404 (2179-032-01-005) Estate of Mabel M. Harness & Joe Ann Nichols 7357 Wellsford Avenue Whitter, California 90606-2046 (2179-041-00-034) Robert Zarlingo 970 County Road 231 Silt, Colorado 81652-9779 (2179-032-00-003) Marsha A. MacAllister & Owen A. Dunsdon P.O. Boc 404 Silt, Colorado 81652-0404 (2179-032-01-004) ELW LAND COMPANY, INC. PETITION FOR EXEMPTION MINERAL OWNERS OF FIECORD OF SUBJECT PROPERTY Estate of Gladys S. Dodson Attention: Stanley Dodson P.O. Box 248 Glenwood Springs, Colorado 81602-0248 Elizabeth R. Cowden 383 Ridge View Drive Grand Junction, Colorado 81503-1643 Dorothy G. Pretti 213 County Road 228 Silt, Colorado 81652-9527 Robert D. Atkinson 4075 East 4000 South Vernal, Utah 84078 CACTU U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • RANGELAND PRODUCTIVITY AND CHARACTERISTIC PLANT COMMUNITIES Subdividsion PAGE 1 OF 3 08/7/97 (Only the soils that support rangeland vegetation suitable for grazing are listed. Ppt means precipitation) Map symbol and soil name Range site Total production Characteristic vegetation ;Compo - ;Kind of year ; Dry ;sition ;weight :Lb/acre ' Pct Fanitchen ;FOOTHILL SWALE ;Favorable 900 ;3asin wildrye 30 ;Normal 650 ;Western wheatgrass ; 10 ;Unfavorable 500 :Streambank wheatgrass ; 10 ;Basin big sagebrush ; 10 'arachute ;BRUSHY LOAM ;Favorable 3,000 ;Utah serviceberry 15 • ;Normal 2,000 ;Gambel oak 15 Unfavorable 1,500 ;Elk sedge 10 ;Mountain brome 10 ;Idaho fescue 5 ;Mountain snowberry 5 ;Mountain big sage 5 ;Columbia needlegrass 5 ;Letterman needlegrass 5 Irigul ;LOAMY SLOPES 'Favorable 1,200 ;Bluebunch wheatgrass 10 ;Normal 900 Western wheatgrass 10 ;Unfavorable 500 ;Serviceberry 10 ;Prairie junegrass 10 ;Mountain big sage 10 Rhone 'BRUSHY LOAM ;Favorable 3,000 ;Utah serviceberry 15 ;Normal 2,000 ;Gambel oak 15 ;Unfavorable 1,500 ;Mountain brome 10 ;Elk sedge 10 ;Mountain snowberry 5 ;Idaho fescue 5 ;Rose 5 ;Letterman needlegrass 5 • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • RANGELAND PRODUCTIVITY AND CHARACTERISTIC PLANT COMMUNITIES --Continued Subdividsion PAGE 2 OF 3 08/7/97 Total production Map symbol Range site ; Characteristic vegetation ;Compo - and soil name ;Kind of year ; Dry ;sition ;weight , , ;Lb/acre; Pct 34: Empedrado BRUSHY LOAM ;Favorable 3,000 ;Gambel oak 15 ;Normal 2,000 ;Bluegrass 15 ;Unfavorable ; 1,500 ;Mountain brome 10 ;Saskatoon serviceberry 10 ;Sedge 10 ;Slender wheatgrass 7 ;Muttongrass 5 ;Western wheatgrass 5 ;Mountain snowberry 5 ;Needleandthread 5 • J.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • -dnote -- RANGELAND PRODUCTIVITY AND CHRACTERISTIC PLANT COMMUNITIES PAGE 3 OF 3 0817/97 In areas that have similar climate and topography, differences in the kind and amount of vegetation produced on -angeland are closely related to the kind of soil. Effective management is based on the relationship between the soils and vegetation and water. This report shows, for each soil, the range site; the total annual production of vegetation in favorable, normal, and unfavorable years; the characteristic vegetation; and the average percentage of each species. Only those soils that are used as rangeland or are suited to use as -angeland are listed. An explanation of the column headings in this report follows. 'RANGE SITE is a distinctive kind of rangeland that produces a characteristic natural plant community that .ffers from natural plant communities on other range sites in kind, amount and proportion of range plants. -he relationship betweeen soils and vegetation was ascertained during this survey; thus, range sites generally :an be determined directly from the soil map. Soil properties that affect moisture supply and plant nutrients -gave the greatest influence on the productivity of range plants. Soil reaction, salt content, and a seasonal -igh water table are also important. -_TAL PRODUCTION is the amount of vegetation that can be expected to grow annually on well managed rangeland that is supporting the potential natural plant community. It includes all vegetation, whether or not it is dilatable to grazing animals. It includes the current year's growth of leaves, twigs, and fruits of woody _:ants. It does not include the increase in stem diameter of trees and shrubs. It is expressed in pounds per acre of air-dry vegetation for favorable, normal, and unfavorable years. In a 'avorable year, the amount and distribution of precipitation and the temperatures make growing conditions •ntjally better than average. In a normal year, growing conditions are about average. In an unfavorable growing conditions are well below average, generally because of low available soil moisture. Dry weight the total annual yield per acre of air-dry vegetation. Yields are adjusted to a common percent of air-dry :isture content. The relationship of green weight to air-dry weight varies according to such factors as :xnosure, amount of shade, recent rains, and unseasonable dry periods. HARACTER1$TIC VEGETATION The grasses, forbs, and shrubs that make up most of the potential natural plant _mmunity on each soil is listed by common name. :ter COMPOSITION the expected percentage of the total annual production is given for each species making up rte characteristic vegetation. The amount that can be used as forage depends on the kinds of grazing animals and on the grazing season. ange management requires a knowledge of the kinds of soil and of the potential natural plant community. It iso requires an.evaluation of the present range condition. Range condition is determined by comparing the .sent plant community with the potential natural plant community on a particular range site. The more .:.sely the existing community resembles the potential community, the better the range condition. Range -edition is an ecological rating only. The objective in range management is to control grazing so that the iants growing on a site are about the same in kind and amount as the potential natural plant community for e:t site. Such management generally results in the optimum production of vegetation, control of undesirable sh species, conservation of water, and control of erosion. Sometimes, however, a range condition somewhat '.ow the potential meets grazing needs, provides wildlife habitat, and protects soil and water resources. • ':.S. DEPARTMENT OF AGRICULTURE PAGE 1 OF 3 NATURAL RESOURCES CONSERVATION SERVICE 08/7/97 • WILDLIFE HABITAT Subdividsion Potential for habitat elements Potential as habitat for -- Map symbol ; Grain ; ; Wild ; , Open- Wood- ; ; Range - and soil name ; and ;Grasses; herba-; Hard- Conif-;Shrubs;Wetland;Shallow land land ;Wetland; land ; seed ; and ceous; wood erous; ;plants ; water wild- wild- ; wild- wild- ; crops ;legumes; plants; trees plants; ; ; areas life life ; life ; life I I 1 I I 1 11 1 1 1 1 1 1 , Panitchen ;FAIR ;FAIR VERY ;GOOD ;POOR ;VERY POOR ;VERY ;POOR POOR ; POOR ; POOR I , 1 1 Z, C 1 1 1 1 1 I . i I 1 1 I arachute ;VERY ;VERY ;GOOD ;FAIR ;VERY ;VERY ;POOR ;VERY ;FAIR POOR POOR ; ; ; POOR ; POOR ; ; POOR 11 1 1 1 1 1 1 I i 1 1 1 1 :rigul ;POOR ;POOR ;FAIR ;FAIR ;VERY ;VERY ;POOR ;VERY :FAIR POOR ; POOR ; ; ; POOR I1 1 I 1 I I I 1 I 1 1 1 1 1 , 1 1 1 I •e 'VERY ;VERY ;GOOD ;FAIR ;VERY ;VERY ;POOR ;VERY ;GOOD POOR ;POOR POOR ; POOR ; ; POOR 1 I I 1 1 I I � I I 1 I 1 1 I 4: 1 1 1 1 1 1 1 I ( F_mpedrado ;VERY ;VERY ;FAIR ; ;FAIR ;VERY ;VERY ;POOR ;VERY ;FAIR POOR POOR ; ; POOR ; POOR ; 1 ; POOR 1 1 • J.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • WILDLIFE HABITAT Endnote -- WILDLIFE HABITAT PAGE 2 OF 3 08/7/97 Soils affect the kind and amount of vegetation that is available to wildlife as food and cover. They also affect the construction of water impoundments. The kind and abundance of wildlife depend largely on the amount and distribution of food, cover, and water. Wildlife habitat can be created or improved by planting appropriate vegetation, by maintaining the existing plant cover, or by promoting the natural establishment of desirable plants. Ire this report the soils are rated according to their potential for providing habitat for various kinds of wildlife. This information can be used in planning parks, wildlife refuges, nature study areas, and other developments for wildlife; in selecting soils that are suitable for establishing, improving, or maintaining specific elements of wildlife habitat; and in determining the intensity of management needed for each element of the habitat. The aotential of the soil is rated "Good," "Fair,' "Poor," or "Very poor.' A rating of "Good" indicates that the element or kind of habitat is easily established, improved, or maintained. Few or no limitations affect management, and satisfactory results can be expected. A rating of 'Fair" indicates that the element or kind of habitat can be ._tablished, improved, or maintained in most places. Moderately intensive management is required for satisfactory exults. A rating of 'Poor' indicates that limitations are severe for the designated element or kind of habitat. acitat can be created, improved, or maintained in most places, but management is difficult and must be intensive. rating of 'Very poor" indicates that restrictions for the element or kind of habitat are very severe and that satisfactory results can be expected. Creating, improving, or maintaining habitat is impractical or impossible. The elements of wildlife habitat are described in the following paragraphs. =41iN AND SEED CROPS are domestic grains and seed -producing herbaceous plants. Soil properties and features that affect rowth of grain and seed crops are depth of the root zone, texture of the surface layer, available water !city, wetness, slope, surface stoniness, and flood hazard. Soil temperature and soil moisture are also _:nsiderations. Examples of grain and seed crops are corn, wheat, oats, and barley. ASSES AND LEGUMES are domestic perennial grasses and herbaceous legumes. Soil properties and features that affect the growth of grasses and legumes are depth of the root zone, texture of the surface layer, available water :aoacity, wetness, surface stoniness, flood hazard, and slope. Soil temperature and soil moisture are also :nsiderations. Examples of grasses and legumes are fescue, lovegrass, bromegrass, clover, and alfalfa. I_D HERBACEOUS PLANTS are native or naturally established grasses and forbs, including weeds. Soil properties and 'eatures that affect the growth of these plants are depth of the root zone, texture of the surface layer, available water ':apaclty, wetness, surface stoniness, and flood hazard. Soil temperature and soil moisture are also considerations. xamples of wild herbaceous plants are bluestem, goldenrod, beggarweed, wheatgrass, and grana. ADW00D TREES and woody understory produce nuts or other fruit, buds, catkins, twigs, bark, and foliage. Soil properties and features that affect the growth of hardwood trees and shrubs are depth of the root zone, available water :apacity, and wetness. Examples of these plants are oak, poplar, cherry, sweetgum, apple, hawthorn, dogwood, hickory, _.ackberry, and blueberry. Examples of fruit -producing shrubs that are suitable for planting on soils rated ,re Russian -olive, autumn -olive, and crabapple. _0NIFEROUS PLANTS furnish browse and seeds. Soil properties and features that affect the growth of coniferous trees, hrubs, and ground cover are depth of the root zone, available water capacity, and wetness. Examples of :oniferous plants are pine, spruce, fir, cedar, and juniper. 'HRUBS are bushy woody plants that produce fruit, buds, twigs, bark, and foliage. Soil properties and features that 0, t the growth of shrubs are depth of the root zone, available water capacity, salinity, and soil moisture. es of shrubs are mountainmahogany, bitterbrush, snowberry, and big sagebrush. J.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • WILDLIFE HABITAT Zndnote -- WILDLIFE HABITAT --Continued PAGE 3 OF 3 08/7/97 .1ETLAND PLANTS are annual and perennial wild herbaceous plants that grow on moist or wet sites. Submerged or floating aquatic plants are excluded. Soil properties and features affecting wetland plants are texture of the surface layer, wetness, reaction, salinity, slope, and surface stoniness. Examples of wetland plants are smartweed, wild pillet, wildrice, saltgrass, cordgrass, rushes, sedges, and reeds. SHALLOW WATER AREAS have an average depth of less than 5 feet. Some are naturally wet areas. Others are created by Jams, levees, or other water -control structures. Soil properties and features affecting shallow water areas are iepth to bedrock, wetness, surface stoniness, slope, and permeability, Examples of shallow water areas are marshes, waterfowl feeding areas, and ponds. The habitat for various kinds of wildlife is described in the following paragraphs. HABITAT FOR OPENLAND WILDLIFE consists of cropland, pasture, meadows, and areas that are overgrown with grasses, herbs, shrubs, and vines. These areas produce grain and seed crops, grasses and legumes, and wild herbaceous plants. ildlife attracted to these areas include bobwhite quail, pheasant, meadowlark, field sparrow, cottontail, and red 'ABITAT FOR WOODLAND WILDLIFE consists of areas of deciduous plants or coniferous plants or both and associated grasses, -,umes, and wild herbaceous plants. Wildlife attracted to these areas include wild turkey, ruffed grouse, woodcock, rJshes, woodpeckers, squirrels, gray fox, raccoon, deer, and bear. -SITAT FOR WETLAND WILDLIFE consists of open, marshy or swampy shallow water areas. Some of the wildlife attracted III• h areas are ducks, geese, herons, shore birds, muskrat, mink, and beaver. :TAT FOR RANGELAND WILDLIFE consists of areas of shrubs and wild herbaceous plants. Wildlife attracted to rangeland iude antelope, deer, sage grouse, meadowlark, and lark bunting. C :,5. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • WATER FEATURES Subdividsion PAGE 1 OF 3 08/7/97 Flooding High water table and ponding , Map symbol ;Hydro ; Water ; Maximum and soil name ; logic; Frequency ; Duration ; Months ; table ; Kind of ; Months ; Ponding ; ponding ;group ; ; depth ;water table; ; duration ; depth I I I 1 Ft Ft Panitchen ; B ;None )6.0 =arachute ; E ;None ; )6.0 '.rigul , D :None )6.0 `:one B None ; ; )6.0 •rado • 8 ;None ; )6.0 U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • WATER FEATURES Endnote -- WATER FEATURES PAGE 2 OF 3 08/7/97 This report gives estimates of various soil water features. The estimates are used in land use planning that involves engineering considerations. ;ydrologic soil groups are used to estimate runoff from precipitation. Soils not protected by vegetation are assigned to one of four groups. They are grouped according to the infiltration of water when the soils are thoroughly ret and receive precipitation from long -duration storms. The four hydrologic soil groups are: • Group ' A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group "B". Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group "C". Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group "0". Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a permanent high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. =f a soil is assigned to two hydrologic groups in this report, the first letter is for drained areas and the second is for undrained areas. Flooding, the temporary inundation of an area, is caused by overflowing streams, by runoff from adjacent slopes, or by tides. Water standing for short periods after rainfall or snowmelt is not considered flooding, nor is water in swamps and marshes. This report gives the frequency and duration of flooding and :he time of year when flooding is most likely. Frequency, duration, and probable dates of occurrence are estimated. =requency is expressed as "None', 'Rare", "Occasional", and "Frequent". "None" means that flooding is not probable; "Rare" that it is unlikely but possible under unusual weather conditions; "Occasional" that it occurs, on the average, once or less in 2 years; and "Frequent" that it occurs, on the average, more than once in 2 years. ion is expressed as "Very brief" if less than 2 days, 'Brief" if 2 to 7 days, "Long' if 7 to 30 days, and "Very if more than 30 days. The information is based on evidence in the soil profile, namely thin strata of gravel, _and, silt, or clay deposited by floodwater; irregular decrease in organic matter content with increasing depth; and absence of distinctive horizons that form in soils that are not subject to flooding. Also considered are local information about the extent and levels of flooding and the relation of each soil on the landscape to historic floods. J.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE WATER FEATURES Endnote -- WATER FEATURES --Continued PAGE 3 OF 3 08/7/97 Information on the extent of flooding based on soil data is less specific than that provided by detailed engineering surveys that delineate flood -prone areas at specific flood frequency levels. High water table (seasonal) is the highest level of a saturated zone in the soil in most years. The depth to a seasonal high water table applies to undrained soils. The estimates are based mainly on the evidence of a saturated :one, namely grayish colors or mottles in the soil. Indicated in this report are the depth to the seasonal high eater table; the kind of water table, that is, 'Apparent', "Artesian', or 'Perched'; and the months of the year that the water table commonly is high. A water table that is seasonally high for less than 1 month is not indicated in this report. An 'Apparent' water table is a thick zone of free water in the soil. It is indicated by the level at which water stands in an uncased borehole after adequate time is allowed for adjustment in the surrounding soil. An "Artesian" water table exists under a hydrostatic beneath an impermeable layer. When the impermeable layer has been :enetrated by a cased borehole, the water rises. The final level of the water in the cased borehole is characterized as en artesian water table. "Perched' water table is water standing above an unsaturated zone. In places an upper, or "Perched", water is separated from a lower one by a dry zone. Only saturated zones within a depth of about 6 feet are cated. 'ending is standing water in a closed depression. The water is removed only by deep percolation, transpiration, evaporation, or a combination of these processes. This report gives the depth and duration of ponding and the time of year when ponding is most likely. Depth, duration, end probable dates of occurrence are estimated. :epth is expressed as the depth of ponded water in feet above the soil surface. Duration is expressed as "Very -.rief' if less than 2 days, "Brief" if 2 to 7 days, "Long" if 7 to 30 days, and "Very long" if more than 30 days. The information is based on the relation of each soil on the landscape to historic ponding and on local information about :he extent and levels of ponding. • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • SOIL FEATURES Subdividsion PAGE 1 OF 2 08/7/97 Bedrock Cemented pan Subsidence ; Risk of corrosion Potential Map symbol ; ; ;frost action; Uncoated and soil name Depth ;Hardness; Depth Kind ;Initial; Total ; steel ; Concrete I In In In In I , 1 I anitchen >60 --- ;Low ;Low ;Moderate I I I arachute 20-40 Soft --- ; ;Moderate ;Moderate ;Low , Irigul 5-20 Hard ; --- ;Low ;Moderate ;Low 1 , 1 , Rhone 40-60 ; Soft ; ; ; ;Moderate ;Moderate ;Low edrado >60 • II --- ;Moderate ;High ;Low I I U,S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • SOIL FEATURES Endnote -- SOIL FEATURES PAGE 2 OF 2 08/7/97 This report gives estimates of various soil features. The estimates are used in land use planning that involves engineering considerations. Depth to bedrock is given if bedrock is within a depth of 5 feet. The depth is based on many soil borings and on observations during soil mapping. The rock is either "Soft" or "Hard'. If the rock is 'Soft" or fractured, excavations can be made with trenching machines, backhoes, or small rippers. If the rock is 'Hard' or massive, blasting or special equipment generally is needed for excavation. Cemented pans are cemented or indurated subsurface layers within a depth of 5 feet. Such pans cause difficulty in excavation, Pans are classified as "Thin' or 'Thick". A "Thin" pan is less than 3 inches thick if continuously indurated or less than 18 inches thick if discontinuous or fractured, Excavations can be made by trenching machines, backhoes, or small rippers. A "Thick" pan is more than 3 inches thick if continuously indurated or more than 18 inches thick if discontinuous or fractured. Such a pan is so thick or massive that blasting or special equipment is needed in excavation. Subsidence is the settlement of organic soils or of saturated mineral soils of very low density. Subsidence -esults from either desiccation and shrinkage or oxidation of organic material, or both, following drainage. Subsidence takes place gradually, usually over a period of several years. This report shows the expected initial dence, which usually is a result of drainage, and total subsidence, which usually is a result of oxidation. Not 11Wn in the report is subsidence caused by an imposed surface load or by the withdrawal of ground water throughout sn extensive area as a result of lowering the water table. Potential frost action is the likelihood of upward or lateral expansion of the soil caused by the formation of segregated ice lenses (frost heave) and the subsequent collapse of the soil and loss of strength on thawing. Frost action occurs when moisture roves into the freezing zone of the soil. Temperature, texture, density, permeability, _ontent of organic matter, and depth to the water table are the most important factors considered in evaluating the potential for frost action. It is assumed that the soil is not insulated by vegetation or snow and is not artificially _'.rained. Silty and highly structured clayey soils that have a high water table in winter are the most susceptible to f-ost action. Well drained, very gravelly, or very sandy soils are the least susceptible. Frost heave and low soil strength during thawing cause damage mainly to pavements and other rigid structures. Risk of corrosion pertains to potential soil -induced electrochemical or chemical action that dissolves or weakens uncoated steel or concrete. The rate of corrosion of uncoated steel is related to such factors as soil moisture, particle -size distribution, acidity, and electrical conductivity of the soil. The rate of corrosion of concrete is based mainly on the sulfate and sodium content, texture, moisture content, and acidity of the soil. Special site examination and design may be needed if the combination of factors creates a severe corrosion environment. The steel installations that intersect soil boundaries or soil, layers is more susceptible to corrosion than steel in Hstallations that are entirely within one kind of soil or within one soil layer. For uncoated steel, the risk of borrosion, expressed as "Low`, "Moderate", or "High", is based on soil drainage class, total acidity, electrical -esistivity near field capacity, and electrical conductivity of the saturation extract. For concrete, the risk of corrosion is also expressed as "Low", "Moderate", or 'High'. It is based on soil texture, acidity, and amount of sulfates in the saturation extract. • J.S. DEPARTMENT OF AGRICULTURE 'AURAL RESOURCES CONSERVATION SERVICE • SANITARY FACILITIES Subdividsion PAGE 1 OF 3 08/7/97 ;The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) Map symbol Septic tank Sewage lagoon ; Trench ; Area Daily cover and soil name absorption areas sanitary sanitary ; for landfill fields landfill landfill =4: ' :,nitches ;Severe: 'Severe: ;Slight 'Slight 'Good percs slowly ; seepage I I aachut: ;Severe: ;Severe: ;Severe: ;Severe: ;Poor: depth to rock, ; depth to rock, ; depth to rock, ; depth to rock, ; depth to rock, ; slope ; slope ; slope ; slope • small stones, , slope , . '_gul ,Severe: ;Severe: ;Severe: ;Severe: ;Poor: depth to rock, ; depth to rock, ; depth to rock, : depth to rock, ; depth to rock, slope ; slope ; slope ; slope ; small stones, slope "hone ;Severe: ;Severe: ;Severe: ;Severe: ;Poor: slope ; slope ; depth to rock, ; slope ; slope slope ' ' , , ,I I I I pedrado ;Severe: ;Severe: ;Severe: ;Severe: ;Poor: ; Peres slowly, ; slope ; slope ; slope ; slope slope ' U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • SANITARY FACILITIES =ndnote -- SANITARY FACILITIES PAGE 2 OF 3 08/7/97 This report shows the degree and kind of soil limitations that affect septic tank absorption fields, sewage lagoons, and sanitary landfills. The limitations are considered "Slight" if soil properties and site features generally are favorable for the indicated use and limitations are minor and easily overcome; "Moderate" if soil properties or site features are not favorable for the indicated use and special planning, design, or maintenance is needed to overcome or -inimize the limitations; and 'Severe' if soil properties or site features are so unfavorable or so difficult to overcome 'at special design, significant increases in construction costs, and possibly increased maintenance are required. s report also shows the suitability of the soils for use as daily cover for landfills. A rating of "Good' indicates at soil properties and site features are favorable for the use and good performance and low maintenance can be expected; 'Fair' indicates that soil properties and site features are moderately favorable for the use and one or -yore soil properties or site features make the soil less desirable than the soils rated 'Good"; and "Poor' indicates :hat one or more soil properties or site features are unfavorable for the use and overcoming the unfavorable _properties requires special design, extra maintenance, or costly alteration. EPTIC TANK ABSORPTION FIELDS are areas in which effluent from a septic tank is distributed into the soil through :surface tiles or perforated pipe. Only that part of the soil between depths of 24 to 72 inches is evaluated. The stings are base on soil properties, site features, and observed performance of the soils. Permeability, a high rater table, depth to bedrock or to a cemented pan, and flooding affect absorption of the effluent. Large stones -Id bedrock or a cemented pan interfere with installation. Unsatisfactory performance of septic tank absorption fields, gexcessively slow absorption of effluent, surfacing of effluent, and hillside seepage, can affect public health. n•in water can be polluted if highly permeable sand and gravel or fractured bedrock is less than 4 feet below the ase of the absorption field, if slope is excessive, or if the water table is near the surface. There must be unsaturated soil material beneath the absorption field to filter the effluent effectively. Many local ordinances equire that this material be of a certain thickness. =AGE LAGOONS are shallow ponds constructed to hold sewage while aerobic bacteria decompose the solid and liquid .antes. Lagoons should have a nearly level floor surrounded by cut slopes or embankments of compacted soil. Lagoons °rerally are designed to hold the sewage within a depth of 2 to 5 feet. Nearly impervious soil material for the lagoon -lior and sides is required to minimize seepage and contamination of ground water. This report gives ratings for :he natural soil that makes up the lagoon floor. The surface layer and, generally, 1 or 2 feet of soil material `elow the surface layer are excavated to provide material for the embankments. The ratings are based on soil :roperties, site features, and observed performance of the soils, Considered in the ratings are slope, permeability, a `_gh water table, depth to bedrock or to a cemented pan, flooding, large stones, and content of organic matter. xcessive seepage due to rapid permeability of the soil or a water table that is high enough to raise the level of sewage In the lagoon causes a lagoon to function unsatisfactorily. Pollution results if seepage is excessive or if floodwater overtops the lagoon. A high content of organic matter is detrimental to proper functioning of the lagoon because it `nhibits aerobic activity. Slope, bedrock, and cemented pans can cause construction problems, and large stones can hinder compaction of the lagoon floor. 'ANITARY LANDFILLS are areas where solid waste is disposed of by burying it in soil. There are two types of landfill, :Tench and area. In a trench landfill, the waste is placed in a trench. It is spread, compacted, and covered daily :ith a thin layer of soil excavated at the site. In an area landfill, the waste is placed in successive layers on the _a;rface of the soil. The waste is spread, compacted, and covered daily with a thin layer of soil form a source away ^om the site. Both types of landfill must be able to bear heavy vehicular traffic. Both types involve a risk of 1110 water pollution. Ease of excavation and revegetation need to be considered. The ratings in this report are based DEPARTMENT OF AGRICULTURE .:L -URAL RESOURCES CONSERVATION SERVICE • SANITARY FACILITIES Thdnote -- SANITARY FACILITIES --Continued PAGE 3 OF 3 08/7/97 n soil properties, site features, and observed performance of the soils. Permeability, depth to bedrock or to a :emented pan, a high water table, slope, and flooding affect both types of landfill. Texture, stones and boulders, -ighly organic layers, soil reaction, and content of salts and sodium affect trench type landfills. Unless otherwise :=ted, the ratings apply only to that part of the soil within a depth of about 6 feet. For deeper trenches, a _imitation rate "Slight" or "Moderate" may not be valid. Onsite investigation is needed. COVER FOR LANDFILL is the soil material that is used to cover compacted solid waste in an area type sanitary df ill. The soil material is obtained offsite, transported to the landfill, and spread over the waste. it texture, wetness, coarse fragments, and slope affect the ease of removing and spreading the material during wet dry periods. Loamy or silty soils that are free of large stones or excess gravel are the best cover for a landfill. Clayey soils may be sticky or cloddy and are difficult to spread; sandy soils are subject to soil :wing. After soil material has been removed, the soil material remaining in the borrow area must be thick enough r bedrock, a cemented pan, or the water table to permit revegetation. The soil material used as final cover for a dfiil should be suitable for plants. The surface layer generally has the best workability, more organic matter than rest of the profile, and the best potential for plants. Material from the surface layer should be stockpiled for use the final cover. • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE BUILDING SITE DEVELOPMENT Subdividsion PAGE 1 OF 2 08/7/97 The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) Map symbol Shallow Dwellings Dwellings Small Local roads ; Lawns and and soil name ; excavations : without with ; commercial and streets ; landscaping basements basements buildings , °aritchen ;Slight ;Slight ;Slight ;Slight ;Slight ;Slight _.h. , 1 , 1 I , , , Parachute ;Severe: ;Severe: ;Severe: ;Severe: 'Severe: ;Severe; slope ; slope slope ; slope slope ; slope ,, � ul Severe: Severe: ;Severe: :Severe: Severe: ;Severe: depth to rock „ slope, depth to rook,; slope, depth to rock,; slope, slope depth to rock slope depth to rock slope ; depth to rock T'^one ;Severe: ;Severe: ;Severe: ;Severe: ;Severe: ;Severe; slope slope ; slope I slope ; slope ; slope , , , 1, ,, 1 , =:rpedrado ;Severe: ;Severe: ;Severe: ;Severe: ;Severe: :Severe: slope slope ; slope ; slope slope slope • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • BUILDING SITE DEVELOPMENT Endnote -- BUILDING SITE DEVELOPMENT PAGE 2 OF 2 08/7/97 This report shows the degree and kind of soil limitations that affect shallow excavations, dwellings with and without basements, small commercial buildings, local roads and streets, and lawns and landscaping. The limitations are 'Slight', 'Moderate', or 'Severe'. The limitations are considered 'Slight' if soil properties and site features are generally favorable for the indicated use and limitaions are minor and easily overcome; 'Moderate' if soil properties or site features are not favorable for the indicated use and special planning, design, or maintenance is needed to overcome or minimize the limitations; and "Severe" if soil properties or site features are so unfavorable or so difficult to overcome that special design, significant increases in construction costs, and possibly increased maintenance are required. Special feasibility studies may be required where the soil limitations are severe. HALLOW EXCAVATIONS are trenches or holes dug to a maximum depth of 5 or 6 feet for basements, graves, utility lines, en ditches, and other purposes. The ratings are based on soil properties, site features, and observed performance of -e soils. The ease of digging, filling, and compacting is affected by the depth to bedrock, a cemented pan, or a very m dense layer; stone content; soil texture; and slope. The time of the year that excavations can be made is affected by the depth to a seasonal high water table and the susceptibility of the soil to flooding. The resistance of the excavation walls or bands to sloughing or caving is affected by soil texture and the depth to the water table. _'WELLINGS AND SMALL COMMERCIAL BUILDINGS are structures built on shallow foundations on undisturbed soil. The load .imit is the same as that for single-family dwellings no higher than three stories. Ratings are made for small oasedrcial buildings without basements, for dwellings with basements, and for dwellings without basements. The ratings oon soil properties, site features, and observed performance of the soils. A high water table, depth to bedrock to a cemented pan, large stones, slope, and flooding affect the ease of excavation and construction. Landscaping grading that require cuts and fills of more than 5 or 6 feet are not considered. _7CAL ROADS AND STREETS have an all-weather surface and carry automobile and light truck traffic all year. They _:e a subgrade of cut or fill soil material, a base of gravel, crushed rock, or stabilized soil material, and a °xible or rigid surface. Cuts and fills are generally properties, site features, and observed performance of the • :is. Depth to bedrock or to a cemented pan, a high water table, flooding, large stones, and slope affect the ease of xcavating and grading. Soil strength (as inferred from the engineering classification of the soil), shrink -swell :.ctential, frost action potential, and depth to a high water table affect the traffic -supporting capacity. _AWNS AND LANDSCAPING require soils on which turf and ornamental trees and shrubs can be established and -,aintained. The ratings are based on soil properties, site features, and observed performance of the soils. Soil -eaction, a high water table, depth to bedrock or to a cemented pan, the available water capacity in the upper 40 aches, and the content of salts, sodium, and sulfidic materials affect plant growth. Flooding, wetness, slope, stoniness, and the amount of sand, clay, or organic matter in the surface layer affect trafficability after vegetation established. • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • CONSTRUCTION MATERIALS Subdividsion PAGE 1 OF 3 08/7/97 The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) Map symbol Roadfill and soil name Sand Gravel Topsoil , 4: ranitchen ;Good ;Improbable: :Improbable: ;Poor: excess fines ; excess fines ; small stones , Parachute ;Poor: :Improbable: ;Improbable: ;Poor: depth to rock, ; excess fines ; excess fines ; small stones, slope : slope 1110u1 ;Poor: ;Improbable: :Improbable: ;Poor: depth to rock, ; excess fines excess fines ; depth to rock, slope ; small stones, ' , i slope , =hone ;Poor: ;Improbable: ;Improbable: :Poor: slope : excess fines excess fines ; small stones, area eclaim, , slope 1 , mpedrado ;Poor: :Improbable: :Improbable: ;Poor: slope ' excess fines ; excess fines : slope • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • CONSTRUCTION MATERIALS Endnote -- CONSTRUCTION MATERIALS PAGE 2 OF 3 08/7/97 This report gives information about the soils as a source of roadfill, sand, gravel, and topsoil. The soils are rated "Good", 'Fair', or "Poor' as a source of roadfill and topsoil. They are rated as a "Probable' or 'Improbable" source of sand and gravel. The ratings are based on soil properties and site features that affect the removal of the soil and its use as construction material. Normal compaction, minor processing, and other standard construction practices are assumed. Each soil is evaluated to a depth of 5 or 6 feet. =oadfill is soil material that is excavated in one place and used in road embankments in another place. In this report, the soils are rated as a source of roadfill for low embankments, generally less than 6 feet high and less exacting in design than higher embankments. The ratings are for the soil material below the surface layer to a depth of 5 or 6 feet. It is assumed that soil layers will be mixed during excavating and spreading. Many soils have layers of contrasting suitability within their profile. The report entitled Engineering Index Properties is also available and it provides detailed information about each soil layer. This information can help determine the suitability of each .ayer for use as roadfill. The performance of soil after it is stabilized with lime or cement is not considered in -he ratings. -he ratings are based on soil properties, site features, and observed performance of the soils. The thickness of :;,itable material is a major consideration. The ease of excavation is affected by large stones, a high water table, and slope. How well the soil performs in place after it has been compacted and drained is determined by its strength (as 1111/ red from the engineering classification of the soil) and shrink -swell potential. oils rated 'Good" contain significant amounts of sand or gravel or both. They have at least 5 feet of suitable Material, a low shrink -swell potential, few cobbles and stones, and slopes of 15 percent or less. Depth to the .ter table is more than 3 feet ells rated "Fair" have more than 35 percent silt- and clay -sized particles and have a plasticity of less than 10. They have a moderate shrink -swell potential, slopes of 15 to 25 percent, or many stones. Depth to the water table is 1 tc 3 feet. :oils rated 'Poor' have a plasticity index of more than 10, a high shrink -swell potential, many stones, or slopes of sore than 25 percent. They are wet, and the depth to the water table is less than 1 foot. These soils may have Dyers of suitable material, but the material is less than 3 feet thick. fend and gravel are natural aggregates suitable for commercial use with a minimum of processing. Sand and .ravel are used in many kinds of construction. Specifications for each use vary widely. In this report only the probability of finding material in suitable quantity is evaluated. The suitability of the material for specific -urposes is not evaluated, nor are factors that affect excavation of the material. The properties used to evaluate -he soil as a source of sand or gravel are gradation ,of grain sizes (as indicated by the engineering classification the soil), the thickness of suitable material, and the content of rock fragments. Kinds of rock, acidity, and -ratification are given in the soil series descriptions. Gradation of grain sizes is given in the Engineering Index ooerties report. soil rated as a "Probable' source has a layer of clean sand and gravel or a layer of sand or gravel that contains to 12 percent silty fines. This material must be at least 3 feet thick and less than 50 percent, by weight, large All other soils are rated as an "Improbable" source. Coarse fragments of soft bedrock, such as shale and one, are not considered to be sand and gravel. J.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • CONSTRUCTION MATERIALS Endnote -- CONSTRUCTION MATERIALS --Continued PAGE 3 OF 3 08/7/97 Topsoil is used to cover an area so that vegetation can be established and maintained. The upper 40 inches of a soil is evaluated for use as topsoil. Also evaluated is the reclamation potential of the borrow area. Plant growth is affected by toxic material and by such properties as soil reaction, available water capacity, and fertility. The ease of excavating, loading, and spreading is affected by rock fragments, slope, a water table, soil texture, and thickness jf suitable material. Reclamation of the borrow area is affected by slope, a water table, rock fragments, bedrock, and toxic material. Soils rate 'Good' have friable loamy material to a depth of at least 40 inches. They are free of stones and cobbles, nave little or no gravel, and have slopes of less than 8 percent. They are low in content of soluble salts, are naturally fertile or respond well to fertilizer, and are not so wet that excavation is difficult. Sci1s rated 'Fair" are sandy soils, loamy soils that have a relatively high content of clay, soils that have only 20 40 inches of suitable material, soils that have an appreciable amount of gravel, stones, or soluble salts, or soils that have slopes of 8 to 15 percent. The soils are not so wet that excavation is difficult. :.oils rate "Poor' are very sandy or clayey, have less than 20 inches of suitable material, have a large amount of ;ravel, stones, or soluble salts, have slopes of more than 15 percent, or have a seasonal water table at or near the :.rface. The surface layer of most soils is generally preferred for topsoil because of it organic matter content. 1110 i matter greatly increases the absorption and retention of moisture and nutrients for plant growth. • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • CHEMICAL PROPERTIES OF THE SOILS Subdividsion PAGE 1 OF 2 08/7/97 Map symbol Depth Clay ; Cation- ; Soil ; Calcium Gypsum ;Salinity; Sodium and soil name ;exchange ;reaction ;carbonate; ;adsorption ;capacity ratio 'anitchen =arachute In Pct ;meq/100g pH Pct Pct ;mmhos/cm 0-7 10-20; 5.0-15.0; 7.9-8.4 1-10 7-29 15-34; 5.0-20.0; 7.9-8.4 5-15 29-60 12-25; 5.0-15.0; 7.9-8.4 5-15 0-10 15-25;10.0-25.0; 6.6-7,3 10-25 18-25;10.0-20.0; 6.6-7.3 25-29 0-6 18-27;10.0-20.0; 6.6-7.8 6-13 18-27; 5.0-15.0. 6.6-7.8 13-17 0-10 20-27;15.0-30.0; 6.6-7,3 10-39 20-27;10.0-20.0; 6.6-7.3 39-55 20-27;10.0-20.0; 6.6-7.3 55-59 --- ; ; _mpedrado 0-10 18-27;10.0-25.0; 6.6-7.3 10-21 27-35;10.0-25.0; 6.6-7.3 21-28 20-30;10.0-20.0; 6.6-7.8 28-60 18-27; 5.0-15.0; 7,9-8.4 5-10 • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE CHEMICAL PROPERTIES OF THE SOILS Endnote -- CHEMICAL PROPERTIES OF THE SOILS PAGE 2 OF 2 08/7/97 This report shows estimates of some characteristics and features that affect soil behavior. These estimates are given for the major layers of each soil in the survey area. The estimates are based on field observations and on test data for these and similar soils. CLAY as a soil separate consists of mineral soil particles that are less than 0.002 millimeter in diameter. In this report, the estimated clay content of each major soil layer is given as a percentage, by weight, of the soil material that is less than 2 millimeters in diameter. The amount and kind of clay greatly affect the fertility and physical condition of the soil. They determine the ability of the soil to adsorb cations and to retain moisture. They influence shrink -swell potential, permeability, and plasticity, the ease of soil dispersion, and other soil properties. The amount and kind of clay in a soil also affect tillage and earthmoving operations. ;ATION EXCHANGE CAPACITY (CEC) is the total amount of cations held in a soil in such a way that they can be removed only by exchanging with another cation in the natural soil solution. CEC is a measure of the ability of a soil to retain cations, some of which are _iant nutrients. Soils with low CEC hold few cations and may require more frequent applications of fertilizers than soils with high CEC. Soils with high CEC have the potential •tain cations, thus reducing the possibility of pollution of ground water. 50IL REACTION is a measure of acidity or alkalinity and is expressed as a range in pH values. The range in pH of each major horizon is based on many field tests. For many soils, values have been verified by laboratory analyses. Soil reaction is important in selecting -cops and other plants, in evaluating soil amendments for fertility and stabilization, and in determining the risk of corrosion. "ALCIUM CARBONATE is the percentage by weight of calcium carbonate in the fine -earth naterial, less than 2 millimeters in size. :YPSUM is the percentage by weight of hydrated calcium sulfates 20 millimeters or smaller in size, in the soil. SALINITY is a measure of soluble salts in the soil at saturation. It is expressed as the electrical conductivity of the saturation extract, in millimhos per centimeter at 25 degrees C. Estimates are based on field and laboratory measurements at representative sites of nonirrigated soils. 'he salinity of irrigated soils is affected by the quality of the irrigation water and by the frequency of water application. Hence, the salinity of soils in individual fields :an differ greatly from the value given in the report. Salinity affects the suitability of a soil for crop production, the stability of soil if used as construction material, and the potential of the soil to corrode metal and concrete. 1110 M ADSORPTION RATIO (SAR) expresses the relative activity of sodium ions in tge reactions in the soil. SAR is a measure of the amount of sodium relative to :alcium and magnesium in the water extract from saturated soil paste. J.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE CLASSIFICATION OF THE SOILS Subdividsion PAGE 1 OF 1 08/7/97 An asterisk in the first column indicates that the soil is a taxadjunct to the series. See text for a description of those characteristics that are outside the range of the series) Soil name Family or higher taxonomic class Empedrado Irigul Panitchen Parachute =hone ;TYPIC ARGIBOROLLS, FINE -LOAMY, MIXED LITHIC ORYOBOROLLS, LOAMY -SKELETAL, MIXED USTIC TORRIFLUVENTS, FINE -LOAMY, MIXED (CALCAREOUS), MESIO ;TYPIC CRYOBOROLLS, LOAMY -SKELETAL, MIXED PACHIC CRYOBOROLLS, FINE -LOAMY, MIXED J.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • PHYSICAL PROPERTIES OF SOILS Subdividsion PAGE 1 OF 4 08/7/97 'Entries under "Erosion factors --T' apply to the entire profile. Entries under "Wind erodibility group" and "Wind erodability index" apply only to the surface layer) Map symbol and soil name -4; Panitchen Parachute • Irigul Rhone Depth Clay ; Moist Permea- bulk bility density I , In Pct ; g/cc In/hr I I 1 , , I 0-7 10-20;1.25-1.40; 0.60-6.00 7-29 ; 15-34;1.25-1.40; 0.20-0.60 29-60 ; 12-25'1,25-1.50; 0.60-6.00 0-10 0.60-2.00 10-25 0.60-2.00 25-29 0.00-0.20 0-6 0.60-2.00 6-13 0.60-2.00 13-17 0.00-0.20 0-10 10-39 39-55 55-59 15-25;1.25-1.40; 18-25;1.25-1.40; , I 18-27;1.25-1.40; 18-27;1.25-1.40; I I 20-27;1,25-1.40; 20-27;1.25-1.40; 20-27;1.25-1.40; I Empedrado 0-10 18-27;1.25-1.40; 10-21 ; 27-35;1.25-1.40; 21-28 ; 20-30;1.25-1.40; 28-60 ; 18-27;1.25-1.40; I i , I , I • 0.60-2.00 0.60-2.00 0.60-2.00 0.00-0.20 0.60-2.00 0.20-0.60 0.20-0.60 0.60-2.00 ;Erosion ;Available Shrink- ;Organic; ; water swell : matter; ;capacity potential; In/in 0.14-0.17:Low 0.10-0.161Low 0.10-0,18;Low 0.14-0.17:Low 0,07-0.09:Low 0.10-0.13:Low 0.07-0.09:Low ;0.14-0.17;Low ;0.14-0.17:Low ;0.07-0.09:Low ; ;0.16-0.18;Low ;0.17-0.21:Moderate ;0.10-0.13;Low ;0.14-0.18;Low I , , I Pct I I , I I , ;0.5-1.0; ;0.0-0.5; ;0.5-1.0 I I I 1 ;3.0-6.0; ;1.0-2.0; ;1.0-3.0; ;0.0-0.5; , I I I ;3.0-6.0; ;1.0-3.0; ;0.0-1.0; I I I I I I I I 1 I ;2.0-4.0; 0.24; ;0.5-1.0; 0.24; ;0.5-1.0; 0.10; ;0.0-0.5; 0.43; I I factors;Wind ;Wind ;erodi-;erodi- ;bility;bility K ; Kf ; T ;group ;index 0.37; 0.37; 5 4L ; 86 0.24; 0.43; 0.28; 0.28; I I I , I I , 0.20; 0.20; 3 5 56 0.10; 0.28; 0.15; 0.15; ; 0.20; 0.15; 0.15; 1 I 0.28; 1 6 48 0.43; 0.20; 4 6 48 0.28; 0.37; ; I , , , I I I I I 0.24; 5 ; 6 ; 48 0.24; 0.20; 0.43; I I U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • PHYSICAL PROPERTIES OF SOILS Endnote -- PHYSICAL PROPERTIES OF SOILS PAGE 2 OF 4 08/7/97 This report shows estimates of some characteristics and features that affect soil behavior. These estimates are given for the major layers of each soil in the survey area. The estimates are based on field observations and on test data for these and similar soils. CLAY as a soil separate consists of mineral soil particles that are less than 0.002 millimeter in diameter. In this report, the estimated clay content of each major soil layer is given as a percentage, by weight, of the soil material that is less than 2 millimeters in diameter. The amount and kind of clay greatly affect the 'ertility and physical condition of the soil. They determine the ability of the soil to adsorb cations and to retain moisture. They influence shrink -swell potential, permeability, plasticity, the ease of soil dispersion, and other soil properties. The amount and kind of clay in a soil also affect tillage and earthmoving operations. IOIST BULK DENSITY is the weight of soil (ovendry) per unit volume. Volume is measured when the soil is .t field moisture capacity, the moisture content at 1/3 bar moisture tension. Weight is determined after !ing the soil at 105 degrees C. In this report, the estimated moist bulk density of each major soil ion is expressed in grams per cubic centimeter of soil material that is less than 2 millimeters in _iometer. Bulk density data are used to compute shrink -swell potential, available water capacity, total :ore space, and other soil properties. The moist bulk density of a soil indicates the pore space available for and roots. A bulk density of more than 1.6 can restrict water storage and root penetration. Moist density is influenced by texture, kind of clay, content of organic matter, and soil structure. =ERMEABILITY refers to the ability of a soil to transmit water or air. The estimates indicate the ate of downward movement of water when the soil is saturated. They are based on soil characteristics .:served in the field, particularly structure, porosity, and texture. Permeability is considered in design of soil drainage systems, septic tank absorption fields, and construction where the rate of ager movement under saturated conditions affects behavior. ',%AILABLE WATER CAPACITY refers to the quantity of water that the soil is capable of storing for use by Tlants. The capacity for water storage is given in inches of water per inch of soil for each major soil layer. cr capacity varies, depending on soil properties that affect the retention of water and the depth of the root one. The most important properties are the content of organic matter, soil texture, bulk density, and soil tructure. Available water capacity is an important factor in the choice of plants or crops to be grown and in the design and management of irrigation systems. Available water capacity is not an estimate of the quantity of water actually available to plants at any given time. SHRINK -SWELL POTENTIAL is the potential for volume change in a soil with a loss or gain of moisture. Volume ':hange occurs mainly because of the interaction of clay minerals with water and varies with the amount and type clay minerals in the soil. The size of the load on the soil and the magnitude of the change in soil moisture :ontent influence the amount of swelling of soils in place. Laboratory measurements of swelling of undisturbed :lods were made for many soils. For others, swelling was estimated on the basis of the kind and amount of my minerals in the soil and on measurements of similar soils. If the shrink -swell potential is rated moderate very high, shrinking and swelling can cause damage to buildings, roads, and other structures. Special design is often needed. Shrink -swell potential classes are based on the change in length of en unconfined clod as ure content is increased from air-dry to field capacity. The change is based on the soil fraction less millimeters in diameter. The classes are "Low," a change of less than 3 percent; "Moderate," 3 to 6 °cent; and 'High,' more than 6 percent. "Very high,' greater than 9 percent, is sometimes used. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PHYSICAL PROPERTIES OF SOILS Endnote -- PHYSICAL PROPERTIES OF SOILS --Continued PAGE 3 OF 4 08/7/97 ORGANIC MATTER is the plant and animal residue in the soil at various stages of decomposition. In report J, the estimated content of organic matter is expressed as a percentage, by weight, of the soil material that is less than 2 millimeters in diameter. The content of organic matter in a soil can be maintained or increased by -eturning crop residue to the soil. Organic matter affects the available water capacity, infiltration rate, and filth. It is a source of nitrogen and other nutrients for crops. ==OSION FACTOR K indicates the susceptibility of the whole soil (including rocks and rock fragments) to eet and rill erosion by water. Factor K is one of six factors used in the Universal Soil Loss Equation (LISLE) predict the average annual rate of soil loss by sheet and rill erosion in tons per acre per year. The -_.timates are based primarily on percentage of silt, sand, and organic matter (up to 4 percent) and on soil tructure and permeability. Values of K range from 0.05 to 0.69. The higher the value, the more susceptible -e soil is to sheet and rill erosion by water. ROSION FACTOR Kf is like EROSION FACTOR K but it is for the fine -earth fraction of the soil. Rocks and -ock fragments are not considered. ROSION FACTOR T is an estimate of the maximum average annual_ rate of soil erosion by wind or water that can ;cur without affecting crop productivity over a sustained period. The rate is in tons per acre per year. ERODIBILITY GROUPS are made up of soils that have similar properties affecting their resistance to wind sion in cultivated areas. The groups indicate the susceptibility of soil to wind erosion. Soils are grouped _c-ording to the following distinctions: 1. Coarse sands, sands, fine sands, and very fine sands. These soils are generally not suitable for crops. They are extremely erodible, and vegetation is difficult to establish. 2. Loamy coarse sands, loamy sands, loamy fine sands, loamy very fine sands, and sapric soil material. These soils are very highly erodible. Crops can be grown if intensive measures to control wind erosion are used. 3. Coarse sandy loams, sandy loams, fine sandy loams, and very fine sandy loams. These soils are highly erodible. Crops can be grown if intensive measures to control wind erosion are used. 4L. Calcareous loams, silt loams, clay loams, and silty clay loams. These soils are erodible. Crops can be grown if intensive measures to control wind erosion are used. 4. Clays, silty clays, noncalcareous clay loams, and silty •clay loams that are more than 35 percent clay. These soils are moderately erodible. Crops can be grown if measures to control wind erosion are used. U,S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PHYSICAL PROPERTIES OF SOILS Endnote -- PHYSICAL PROPERTIES OF SOILS --Continued 5. Noncalcareous loams and silt loams that are less than 20 percent clay and sandy clay loams, sandy clays, and hemic soil material. These soils are slightly erodible. Crops can be grown if measures to control wind erosion are used. 6. Noncalcareous loams and silt loams that are more than 20 percent clay and noncalcareous clay loams that are less than 35 percent clay. These soils are very slightly erodible. Crops can be grown if ordinary measures to control wind erosion are used. 7. Silts, noncalcareous silty clay loams that are less than 35 percent clay, and fibric soil material. These soils are very slightly erodible. Crops can be grown if ordinary measures to control wind erosion are used. 8. _ciis that are not subject to wind erosion because of coarse fragments on the surface or because of surface 1110 wetness. PAGE 4 OF 4 08/7/97 WIND ERODIBILITY INDEX is used in the wind erosion equation NE0). The index number indicates the -unt of soil lost in tons per acre per year. The range of wind erodibility index numbers is 0 to 300. IP • NONTECHNICAL SOILS DESCRIPTION REPORT Subdividsion Map Symbol Soil name and description >G Panitchen loam, 1 to 6 percent slopes • • This deep, well -drained soil is on terraces and flood plains. It formed in alluvium derived from mixed materiais. The surface layer is loam about 7 inches thick. The upper 22 inches of the underlying material is stratified gravelly loam. The lower part to a depth of 60 inches is stratified loam. Permeability is moderate. Available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight to moderate. Parachute-Irigul-Rhone association, 25 to 50 percent slopes This map unit is on mountain and ridge tops and on the crests and sides of hills. This unit is 35 percent Parachute loam, 30 percent Irigul channery loam, and 20 percent Rhone loam. The Parachute soil is moderately deep and well -drained. This soil formed in residuum from sandstone. The surface layer is loam about 5 inches thick. The upper part of the subsoil is loam about 13 inches thick, and the lower part is extremely channery loam about 11 inches thick. Hard, fractured sandstone bedrock is at a depth of 29 inches. Permeability is moderate, and available water capacity is low. Effective rooting depth is 20 to 40 inches. Runoff is rapid, and the erosion hazard is very high. The Irigul soil is shallow and well -drained. This soil formed in residuum from sandstone and maristone. The surface layer is channery loam about 6 inches thick. Hard, fractured sandstone is at a depth of 17 inches. Permeability is moderate, and available water capacity is very low. Effective rooting depth is 10 to 20 inches. Runoff is rapid, and the erosion hazard is very high. • NONTECHNICAL SOILS DESCRIPTION REPORT Subdividsion Map Symbol Soil name and description • • The Rhone soil is deep and well -drained. This soil formed in residuum from sandstone and marlstone. The upper part of the surface layer is loam about 8 inches thick, and the lower part is sandy clay loam about 20 inches thick. The underlying material is extremely channery sandy clay loam about 24 inches thick. Sandstone is at a depth of 52 inches, Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 40 to 60 inches. Runoff is rapid, and the erosion hazard is very high. Empedrado loam, 25 to 45 percent slopes This deep, well -drained soil is on side slopes and foot slopes. It formed in colluvium derived dominantly from mixed sedimentary rocks. The surface layer is loam 8 inches thick. The subsoil is clay loam about 55 inches thick. The substratum to a depth of 70 inches or more is clay loam. Permeability is moderate. Available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is very high. • ELW LAND COMPANY, INC. PETITION FOR EXEMPTION METHOD OF SEWAGE DISPOSAL Applicant plans on using individual sewage disposal systems (leach fields) for each of the newly created lots. The existing farm house currently uses such a system. • P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 • • /5, Z/aNC4NELL4 4141) 455ocl4TES, Inc. ENGINEERING CONSULT414TS August 11, 1997 Ms. Sheila Wills P.O. 10091 Aspen, CO 81612 Re: Conto Ranch Property - Wells Pump Test (Wills Exemption) Dear Ms. Wills: (970) 945-5700 (970) 945-1253 Fax At your request, Zancanella and Associates, Inc. has completed pump tests on the wells located on your Conto Ranch Property. The purpose of these tests were to determine if the wells have sufficient yield to supply up to 3 additional residences for the proposed exempt subdivision of the property. Historically there are two wells on the property; the house well and the stock well. Both the house well and the stock well were pump tested on February 17, 1997. The house well is located in the NE'/4 of the NE'/4 of Section 4, Township 6 South, Range 92 West of the 6th P.M. The well can be plotted 1065 feet from the North section line and 203 feet from the East section line. The stock well is located in the SE'/4 of the NEY4 of Section 4, Township 6 South, Range 92 West of the 6th P.M. This well can be plotted 1740 feet from the North section line and 1283 feet from the East section line. The location of both wells and property are shown on the attached site map (Figure 1). Conto House Well The depth of the house well was reported in the well permit to be 137 feet; we measured the well to be 133 feet from ground level to the bottom of the well. It could be that some fill has accumulated in the bottom of the well. The level of the existing pump was not measured. The current static water level was measured at 112.3 feet below the top of the casing. At the current water level there is approximately 20.7 feet of available drawdown in the well (133 feet - 112.3 feet). The house well was tested at a pumping rate of approximately 11 gallons per minute (gpm) and was pumped continuously for a period of approximately 4 hours. Drawdown and time data that was collected during the test are presented in attached Appendix A, Table 1 a. • Page 1 • • We also plotted the drawdown vs. time data in the form of a graphical curve for the house well. The drawdown curve is illustrated on the attached Figure 3a. As can be seen from Table 1 a and Figure 3a, the well drawdown was approximately 0.17 feet in the first hour of testing and then increased to 0.25 feet by the end of the test at 235 minutes of pumping. When pumped, the well stabilized (remained at a fixed level) approximately 0.17 feet of drawdown throughout the majority of the test. The pumping level at a rate of 11 gpm stayed well above the pump intake during the pumping test and only utilized approximately 1.2% of the available drawdown (0.25 feet /20.7 feet). Based on the current hydrologic conditions it appears that the house well can be pumped at a rate of 11 gpm and remain above the pump intake. February should have been near the lowest water table conditions of the year. Recovery data (water levels) was collected for a 70 minute period after pumping was terminated. The recovery data is presented in Table 2a. The recovery plotted as residual drawdown is shown in Figure 4a. The well had recovered to within 0.02 feet of the original static water level within 7 minutes of stopping the pump. Based on the residual drawdown curve, the well displayed positive recharge characteristics, which means that the well recharged at a rate faster than the rate at which it was pumped. Stock Well Zancanella and Associates, Inc. also inspected and preformed some preliminary testing of the stock well located in the draw west of the ranch house on February 17, 1997. The depth of the stock well is reported in the well permit to be 130 feet deep. Attempts to measure the depth of the well resulted in entanglement of the well probe, therefore an accurate well depth could not be obtained. The well was located near the bottom of an existing coral and as such was in a poor location to be converted to a domestic well. Therefore two new wells were constructed and tested to serve the propose new lots. Summaries of the well construction details and the well test are attached to this report as separate appendices so that the test results of each well can be made available to perspective lot purchasers without confusion. Wills Wells 1&2 Wills Wells 1&2 were developed to serve the three new lots created by the Wills Exemption. It is proposed that the existing ranch house will be served by the existing well. Lots 2&3 will be supplied from the Wills Well #2 and lot 4 will receive its supply from Wills Well #1. The Wills Well #1 was tested on June 26, 1997 at a pumping rate of 15 gpm . The well was pumped continuously four a 4 hour period. The maximum drawdown in the well was 0.4 feet . The Wills Well #2 was tested on June 23, 1997 and was also tested at a pumping rate of 15 gpm continuously four a 4 hour period. The maximum drawdown in Well #2 was observed to be 1.08 feet. • Page 2 • It is our opinion that all three of the wells (Conto House Well, Wills Well #1 and Wills Well #2) that are proposed to serve the Wills Exemption are located in the same aquifer. Both of the new wells were pumped at 15 gallons per minute with little drawdown of the water level in the well, The pump test data is documented in Appendix B&C for your files. Water quality samples were taken and analyzed at an independent laboratory for potability (total coliform bacteria) and nitrates. Both of these parameters passed the Colorado Department of Health standards for all three of the wells. We have included the results of the laboratory test for all three wells in there respective appendices. • Conclusions The attached Table 1 presents the estimated water diversion requirements for the proposed maximum 4 residential unit development. We have assumed that each residential unit will have 3.5 people, each using 100 gallons per person per day. The irrigated lawn and garden area for each unit was estimated to be 2500 ft 2 for a total area of 0.23 acres. The irrigation consumption requirement was estimated to be 0.52 acre-feet and is distributed over the growing season based on plant demands. We have estimated livestock use at 3 animals per lot, each using 15 gallons per day for a total of 0.15 acre- feet/acre. The irrigation application efficiency was assumed to be 70% resulting in a diversion requirement 0.74 acre-feet/acre. Based on the above assumptions, the peak diversion month would occur in July with a demand of 0.31 acre-feet or 2.3 gallons per minute of continuous flow. The annual diversion requirement is 2.51 acre-feet. The estimated annual water consumption requirement is 0.96 acre-feet, with 0.24 acre-feet attributable to "in house" uses and 0.72 acre-feet from irrigation and livestock. Under current Garfield County regulations, a minimum supply from a well must be 350 gallons per day per residence for an exempt subdivision. The results of the pump test indicate that each of the three well are capable of suppling the needs of the entire four lot's minimum requirements. We recommend that a storage system with approximately 2000 gallons be installed for the two lots that will share the Wills Well #2 to provide a system buffer if the pump fails and to provide for peak demand uses. It is our opinion, based on the existing hydrogeologic conditions, that with proper storage the wells will be capable of serving the development's average domestic, livestock and irrigation needs. During periods of low recharge (like a 1977 dry year), irrigation from the well at the proposed development might require curtailment if seasonal recharge volumes are low. The Conto House Well and the Stock Well are currently permitted as exempt wells registered with the Division of Water Resources under Permit No. 7689 and Permit No. • Page 3 23061. An exempt well on a parcel of land greater than 35 acres is limited to serving up to three single-family residences and the irrigation of one acre. Your wells also have a water court decree 79CW161. Additional units may be served by these well or wells through a West Divide contract. We recommend that you obtain a west Divide contract to serve all four of the Tots. You may initially operate under the existing West Divide Substitute which has been approved by the Colorado Division of water resources and Garfield County. However we recommend that you obtain a water court approved augmentation plan as soon as possible. If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. --5 a'43 Thomas A. Zancanella, P.E. President cc: Sherry Caloia L: \97402 \VV E L R P Tzz. wpd Page 4 N r C C o �O o. a' CD Ere Qi L -0 X au H W 1-4 N � m w E N W • Water Use Inputs Consumptive Use 11 (8) (9) (10) (11) (12) (13) (14) Domestic Commercial Dom\Comm Open Space Livestock Average In-house In-house Irrigation Irrigation Total Flow (ac -ft) (ac -ft) (ac -ft) (ac -ft) (ac -ft) (ac -ft) (gpm) 0elr)mm�.-oaou)CICI oo6o6�.-,-oo60 v Cl V CO .- v u] r) 0 CO ? V 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000000000000 000000000000 0 000000000000 0 0 0 0 0 v- v- vm 0 0 0 o 000000000000 000000000000 0 0 0 0 0 0 0 0 0 0 CD CD 000000000000 o CO 0 0) 0 0) 0 0 0) 0 O) 0 000000000000 000000000000 O1 0 CO m 0 n 0 0 0 CO 0 0 0 0 C4 0 Diversion Requirements (1) (2) (3) (4) (5) (6) (7) Domestic Commercial Dom\Comm Open Space Livestock Average In-house In-house Irrigation Irrigation Total Flow (ac -ft) (ac -ft) (ac -ft) (ac -ft) (ac -ft) (ac -ft) (gpm) January 0.133 0.00 0.00 0.00 0.017 0.15 1.1 February 0.120 0.00 0.00 0.00 0.015 0.14 1.1 March 0.133 0.00 0.00 0.00 0.017 0.15 1.1 April 0.129 0.00 0.06 0.00 0.017 0.21 1.6 May 0.133 0.00 0.10 0.00 0.017 0.25 1.8 June 0.129 0.00 0.15 0.00 0.017 0.30 2.2 July 0.133 0.00 0.16 0.00 0.017 0.31 2.3 August 0.133 0.00 0.14 0.00 0.017 0.29 2.1 September 0.129 0.00 0.10 0.00 0.017 0.24 1.8 October 0.133 0.00 0.04 0.00 0.017 0.19 1.4 November 0.129 0.00 0.00 0.00 0.017 0.15 1.1 December 0.133 0.00 0.00 0.00 0.017 0.15 1.1 Annual 1.568 0.00 0.74 0.00 0.20 2.51 1.56 Month • Appendix A House Well (Conto Well #1) • • • 0 5845 1 (1• 15' Wills Well #2 House Well 5800— 1 I Wills Well #1 5400 11 'll'r' 11 : ri:`i� SII; ,II, JG Property Boundary :. Town of Silt GRANDE •▪ !i; ▪ L 1' /i 5-0� .. 11 Colorado River 7 WESTERp 5414 I 40 RI VER 0 NGE A. G� Aj1� II 11 11 NG • +✓. Twp. 6 S. I ... 43711 5397 Scale 1" =2000' Rng. 92 W 1 17 General Location Map SCALE, 1' = 2,000' DATE, Aug 4, 1997 SHEET 1 OF 1 DRAVN BY, CHKD BY, CM APPD BY. TAZ PLAN NO. \97402\VIGNITY House Well ZANCANEL LA AND ASSOCIATES, INC ENGINEERING CONSUL TANTS POST OFFICE BOX 1908 - 1005 COOPER AMDAJE GLENM000 SPRINGS, COLORADO 81602 (970) 945-5700 'r� FIGURE NO. PROJECT. 97402 LOG OF WELL (ADD SPACES AS NEEDED) From 0 ft. to 1°2 ft. Ad `" )e ' iay ft. - to' v ft. ft. to •ft.:. ft. to ft. 4 Driller's Geologic Log SCALE. DATE. SHEET 1' = 2,000' Aug 4, 1997 1 OF 1 DRAWN BY. WmS CHKD BY, CM APPD BY, TAZ PLAN NO. \97402\VIM' TY House Well ZANCANEL L A AND ASSOCIATES, INC. ENGINEERING CONSUL TANTS POST OFFICE BOX 1908 - 1005 COOPER AVENUE GLENOOCO SPRINGS, COLORADO 81602 (970) 945-5700 FIGURE NO. 2A PROJECT. 97402 • • Table IA House Well Pumping Test Data WATER DRAW DATE TIME LEVEL DOWN t t' Ut' Q (ft) (ft) (min) (min) (gpm) 17 -Feb -97 11:28 AM 112.33 0 0 - - 0 17 -Feb -97 11:29 AM 112.50 0.17 1 - - 13.5 17 -Feb -97 11:30 AM 112.50 0.17 2 - - 13.5 17 -Feb -97 11:31 AM 112.50 0.17 3 - - 11 17 -Feb -97 11:32 AM 112.50 0.17 4 - - 11 17 -Feb -97 11:33 AM 112.50 0.17 5 - - 11 17 -Feb -97 11:34 AM 112.50 0.17 6 - - 11 17 -Feb -97 11:35 AM 112.50 0.17 7 - - 11 17 -Feb -97 11:36 AM 112.50 0.17 8 - - 11 17 -Feb -97 11:37 AM 112.50 0.17 9 - - 11 17 -Feb -97 11:38 AM 112.50 0.17 10 - - 11 17 -Feb -97 11:40 AM 112.50 0.17 12 - - 11 17 -Feb -97 11:42 AM 112.50 0.17 14 - - 11 17 -Feb -97 11:44 AM 112.50 0.17 16 - - 11 17 -Feb -97 11:48 AM 112.50 0.17 20 - - 11 17 -Feb -97 01:00 PM 112.50 0.17 92 - - 11 17 -Feb -97 02:10 PM 112.50 0.17 162 - - 11 17 -Feb -97 03:20 PM 112.50 0.17 232 - - 11 17 -Feb -97 03:22 PM 112.54 0.21 234 - - 12 17 -Feb -97 03:23 PM 112.58 0.25 235 - - 12 17 -Feb -97 03:24 PM 112.52 0.19 236 - - 11 08/05/97 02:15:59 PM Zancanella & Associates pumptsth.123 • • Table 2A House Well Recovery Test Data WATER DRAW DATE TIME LEVEL DOWN t t' tit' (ft) (ft) (min) (min) 17 -Feb -97 03:23 PM 112.58 0.25 235 0 - 17 -Feb -97 03:24 PM 112.42 0.08 236 1 236 17 -Feb -97 03:25 PM 112.38 0.04 237 2 119 17 -Feb -97 03:26 PM 112.38 0.04 238 3 79 17 -Feb -97 03:27 PM 112.38 0.04 239 4 60 17 -Feb -97 03:28 PM 112.38 0.04 240 5 48 17 -Feb -97 03:29 PM 112.35 0.02 241 6 40 17 -Feb -97 03:30 PM 112.35 0.02 242 7 35 17 -Feb -97 03:31 PM 112.35 0.02 243 8 30 17 -Feb -97 03:32 PM 112.35 0.02 244 9 27 17 -Feb -97 03:33 PM 112.35 0.02 245 10 25 17 -Feb -97 03:38 PM 112.35 0.02 250 15 17 17 -Feb -97 03:43 PM 112.35 0.02 255 20 13 17 -Feb -97 03:48 PM 112.35 0.02 260 25 10 17 -Feb -97 03.53 PM 112.34 0.01 265 30 9 17 -Feb -97 04:33 PM 112.34 0.01 305 70 4 08/05/97 02:18:54 PM Zancanella & Associates pumptsth.123 • • cn v♦ 0 o� I0 • • • • • • • • • • • • O LC) O O (1804) unnopnimQ L0 N 0 0 0 O O O Time t (minutes) 4 -Hour Pump Test 2/17/97 pumptsth.123 Zancanella & As 03:18:06 PM Recovery as Residual Drawdown (;aaj) unnopm eaa O C 0 0 0 9--' Following 4 -Hour Pump Test 2/17/97 Zancanella & Associates 03:18:26 PM CO 0 OD0 r erm e . ) 7 -58/5M • 5'1'ATE OJ°' COLORADO -- AP.' 'CATION FOR USE OF GROUND LATER Use Indelible Pencil or Typewriter) Applicant John_ lit Conto P.O. Address_silt, Colora o 41) Quantity applied for 10 gpm or. AF Storage Used for Domestl c Purposes oh/at !,G (legal description of land site) Total acreage irrigated and other rts. ESTIMATED DATA OF WELL Hole size: 61, in. to 140 ft. in. to ft. Casing Plain 9" in. from 0 'to 2.30 ft. in. from to ft. Perf. 5 in. from i 3cto 140 ft. in. from to ft. Outlet DATA: Type Jet, . HP 1 . Size 1 PUMP Use initiation date reberuary 1 19 61 • (Use Supplemental pages for additional data) THIS APPLICATION APPROVED NO. 7689 DATE JAN 6 1961 19 w County 8LSUV/LS JAN 6 1961 GROUND WATER SECT. LOCATION OF WELL COLORADO Garfield STATE ENGINEER u -NiBeilipir Sect. 4 NE Nt Rge.92 W , 6 th P.M. O R , Twp. 6 S .. •* • Street Address or Lot & Block No. Town or Subdivision E Locate well in 40 acre (small) square as near as possible, S $25.00 fee required for Industrial, Commercial or Irrigation uses. Applicant John H Cort o Agent or Frank Stoneman & Scm Driller F'nnk St,nnemAn No. Dox 637 Address Meeker, Co1 oraro :NOTE — SATISFACTORY COMPLETION REQUIRED FOR APPROVAL OF APPLICATION 7R X I I I I I t I I I I I I I I I I i I t ! E Locate well in 40 acre (small) square as near as possible, S $25.00 fee required for Industrial, Commercial or Irrigation uses. Applicant John H Cort o Agent or Frank Stoneman & Scm Driller F'nnk St,nnemAn No. Dox 637 Address Meeker, Co1 oraro :NOTE — SATISFACTORY COMPLETION REQUIRED FOR APPROVAL OF APPLICATION 7R Cr Iorm E (Rev.) 9- Ig ---r-T IDWD _ Useed �1 �-�L Register j — Cards TyPed STA OF COLORADO DIVIS ON OF WATER RESOURCES OFFICE OF THE STATE ENGINEER GROUND WATER SECTION LOG AND HISTORY OF WELL PERMIT NO, 7689 Lic. No. 78 Drilled by Frank Stoneman ji Owner John H. Conto )1. J Address Silt, Colorado Tenant Used for Domestic on or by (description of site or land) Date Started January 7 , 19 61 Date Completed January 10 14 61 Date Tested January 10 , 19 61 /D _ ✓Yield 10 gpm cfs Pump type Jet Outlet Size 1 4 • Driven by 1 HP @ RPR1 • tDepth to Water117 Ft. Draw down Depth to Inlet Ft.; Bowl 0 Ft. Ft. Size and Kind of Casing: From 0 to 130 Type `•V:. STD. From to Type Wt. From to Type Wt. Perforations: Size and Type From 130' to 137' Type 5" Size STD* From to Type Size From to Type Well description: Total Depth (from 0 to =137' Hole (from Diam. ( (from to Size 137 Ft. 6" in. in. in. RECLINE m D c JAN191961 GROUND WATER SST. COLORADO STATE ENGINEER WELL ; LOCATION Garfield -2 3 OU 404011111119wora—"Imimseezzi:11, ofNEig) t of Sect. K,pSE;. •2w 6th LOCATE WELL ACCURATELY IN THE SMALL SQUARES REP - PRESENTING 40 ACRES w N If the above fill in: S E • -E. (:).00.1 l)� 4y is not applicable �, 1 4-1)- f) j l/\J l✓ Town or Subdivision / 4' Street Address or Lot & Block Ground elevation (if known) How Drilled: Cable Tool REMARKS Cementing, Packing, Type of Shut-off, Depth to Shut-off, etc. PUT LOG OF WELL ON RE- VERSE SIDE TO BE MADE OUT IN QUADRUPLICATE: Original Blue and Duplicate Green to State Engineer's Office, White copy to Owner, and Yellow copy to Driller � X I t �1 � I --------- -t— — - I 1 I I 1 If the above fill in: S E • -E. (:).00.1 l)� 4y is not applicable �, 1 4-1)- f) j l/\J l✓ Town or Subdivision / 4' Street Address or Lot & Block Ground elevation (if known) How Drilled: Cable Tool REMARKS Cementing, Packing, Type of Shut-off, Depth to Shut-off, etc. PUT LOG OF WELL ON RE- VERSE SIDE TO BE MADE OUT IN QUADRUPLICATE: Original Blue and Duplicate Green to State Engineer's Office, White copy to Owner, and Yellow copy to Driller IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Case No. 79CW161 IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF JOHN H. ) CONTO IN THE COLORADO RIVER ) OR ITS TRIBUTARIES ) TRIBUTARY INVOLVED: UNNAMED ) IN GARFIELD COUNTY ) ORDER ' F1 LED LN WATER COURT Division No. 5 MAY 0 91980 STATE OF, COLORADO • WATER CLERK BY DEPuT This matter cones on fo:- hearinc; this 9th day of May, 1980 upon the PROTEST TO RULING F REFEREE filed by the Applicant; and the Court, hayin : read and consideree: the RULING OF REFEREE and the PROTEST, and having reviewed ,kpplicable statutes and heard the arguments of counsel for the Applicant, being now fully advised, • HEREBY FINDS that the RULINGS OF REFEREE filed herein with respect to Conto Well No. 1 and Conto Well No. 2, should be confirmed provided the additional protective language of C.R.S. 1973, §37-92-602(4) is added to the RULINGS,• it being clear to the Court from a reading of the RULINGS that the intention of the referee was that said section (4) apply concern- ing these wells. The Court therefore ORDERS that the RULINGS OF REFEREE entered and filed herein be and the' same are hereby ratified and confirmed; and that the original i -:-it.•• dates of Cc^ t;, Well No. 1 and Conto Well No. 2 are respectively awarded regardless of the date of the applications therefor, pursuant to C.R.S. 1973, §37-92-602(4), Entered at Glenwood Springs, Colorado•on May 9, 1980. • IN THE DISTRICT COURT IN AND F 1 L E G1 IN WATER COURT FOR WATER DIVISION NO. 5 Division No, 5 STATE OF COLORADO Application No. 79CW161 IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF ) JOHN H. CONTO ) IN THE COLORADO RIVER ) OR ITS TRIBUTARIES ) TRIBUTARY INVOLVED: UNNAMED ) . IN GARFIELD COUNTY ) NOV 2 1 1979 STATE OF COLORADO not tune 1 BY DEPUTY .. RULING OF REFEREE The above entitled application was filed on July 19, 1979, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court ,;on the 2nd day of August, 1979, in accordance with Article 92 of Chapter 37., Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination .and ruling as the Referee in this matter to -wit: 1. The statements in the application are true. 2. The name of the structure is Conto Well No. 1. 3. The name of the claimant and address is John H. Conto; Rural Route No. 1; Silt, Colorado. 4. The source of the water is a well having a depth of 137 feet, and being tributary to an unnamed tributary of the Colorado River. 5. The well is located within the boundaries of the lands owned by applicant, which lands are described as the South 10.75 acres of Lot 1, the SE 1/4 NE 1/4 and the NE 1/4 SE 1/4 of Section 4,• Township 6 S., Range 92 West of the 6th Ptd. The well is located at a point 220 feet West of the East line and 132 feet South of the North line of the above described lands. 6. The use of the water is household, yard and garden irrigation and livestock water. 7. The date of initiation of appropriation is January 7,1961. 8. Theamount of water claimed is 0.022 cubic foot of water per second of time, absolute. 9. The well was completed and the water first applied to the above beneficial uses on January 7, 1961. 10. On January 6, 1961, permit No. 7689 was issued by. the Office of the State Engineer. • • The Referee does therefore conclude that the above entitled application should be granted and that 0.022 cubic foot of Water per second of time is hereby awarded to the Conto Well No. 1, for household, lawn ar.d gardQn irrigation and livestock water uses, with. appropriation date of the 7th day of January, 1961 absolutely and unconditionally. The above described underground water right meets the .criteria for an exempt domestic well pursuant to C.R.S. 1973, 37-92-602(1)(e), so long as it is used for the purposes set forth herein, and by statute. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such ,filing, subject to Judicial review pursuant to Section 37-92-304 CRS 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Enc,ineer ar.d the State Engineer. . Done at the City of Glenwood Springs, Colorado, this st Z/= day of /E.M64t�., 1979 . BY THE REFEREE: W Referee . W er-Divition No. 5 State of Colorado • • JOHN C KEPHART & CO. GRANO JU\CTftIN L 435 NORTH AVENUE • PHONE 242-7618 • GRAND JUNCTION, COLORADO 81501 ANALYTICAL REPORT Zancanella & Assoc. Received from: Christopher Manera 945-5700 PO Box 1908 Glenwood Springs, CO 8160112 3776 water Customer No. Lthmmmymv Sample 2/18/97 2/24/97 Date Received Date Reported Sample Nitrate(N) Nitrite(N) Sample Nitrate(N) Nitrite(N) 3776 #97402 Conto Ranch House Well, Garfield Cty 2/17/97 collected by Tom Zancanella, 11:00AM, Raw, Well Head 1.19 mo/1 0.00 mo/1 (<0.01) 3777 #97402 Conto Ranch Stock Well, Garfield Cty 2/17/97 collected by Mark Hayes, 2:43PM, Raw, Well Head 1.79 moll 0.00 mo/1 (<0.O1) NOTE: Samples were not taken by or composited in lab. Lower detection limit for Nitrate is 0.01 mg/l; Nitrite 0.01 mg/l. Method from "Annual Book of ASTM Standards," D3867-908. Nitrate was analyzed 2/21/97; Nitrite 2/18/97. Director: B. Bauer • STANDARD BACTERIOLOGICAL WATER TEST Colorado Department of Public Health and Environment 4210 East 11th Avenue • Denver, Colorado 80220 PWS ID Na >7� DATE SAMPLE in^3 7 TAKEN (q70 ) qy5-5700 PHONE NAME OF/ ''L ( RAW TIME (l.dO em SUPPLY (04b ►A^'•' FINISHED TYPE OF SAMPLE CHLORINE COUNTY 6Ct•7' I 't I& SAMPLERTAL QKlA RESIDUAL MG/L ® PRIVATE Lnn4O ka„Kt, Si 14, t. (ADDRESS WHERE SAMPLE WAS TAKEN. PLEASE INCLUDE CITY) 9 COMMUNITY SUPPLY 9 NON COMMUNITY D ROUTINE ❑ REPEAT SAMPLE FOR MONTH OF SPECIAL PURPOSE SAMPLE RETURN f/'k o /( TO LZAct,4 n4_Assoc.. . ADDRESS 1 100 /5 (-ey7 p1/�Ave. l , a/ CITY `� $nL�/f� �I^9S STATE co ZIP 6/O� "NOTE IF ALL INFORMATION Sr NOT SUPPLIED THE SAMPLE WILL BE DISCARDED SEE REVERSE FOR TIME LIMITATIONS. SAMPLING INSTRUCTIONS AND DEFINITIONS LAB -MICRO 106 (Rev 4/94) MPN LTB BGB STANDARD BACTERIOLOC-11f:AL WATER TEST Colorado Department of Public I h and Environment 4210 East 11th Avenue • Denv.,, Colorado 80220 PWS ID IV/Qrl (970 ) qqs 5700 q '7 PHONE RAW DATETAKENN10 12.0.01 PLE Qom1 /— 17 TIME 17 SUPPLY CS iv Y _ ❑ FINISHED d� ff I TYPE OF SAMPLE HRS •a HRS COUNTY Gar.f-le 14 SAMPLER t I[(/k i-1U1QS ( Mo Ktind, Sr /1- (o. (ADDRESS WHERE SAMPLE WAS TAKEN. PLEASE INCLUDE CITY) ElPRIVATE CHLORINE RESIDUAL MG/L COMMUNITY SUPPLY 9 NON COMMUNITY 0 ROUTINE REPEAT SAMPLE FOR MONTH OF 121. SPECIAL PURPOSE SAMPLE RETURN 2 TO ecnt-clne IL c- /1-s< ADDRESS WOS coop r - CITY k°(ii/ _ /Ij r1 -% STATE "NOTE IF ALL INFORMATI N IS WO T SUPPLIED THE SAMPLE WILL BE DISCARDED SEE REVERSE FOR TIME LIMITATIONS. SAMPLING INSTRUCTIONS AND DEFINITIONS LAB -MICRO 106 (Rev 4/94) C /7 ZIP g160/ / MPN LTB BGB • HRS •e HRS COLORADO L F A - •0 E B E DO • RS L A B D LARS TEST THIS E IATION OF E SULTS MEMBRANE FILTER ADJUSTED COUNT COLIFORM/100 MI MOST PROBABLE NUMBER MPN COLIFORM/100 M LABORATORY ANALYST 11 DENVER_ ❑D NGO GRAND JUNCTION MEM81. _ FILTER COLORADO L _ F AS B DO DIRECT VERIFIED DLG rw. F THIS CO 00E AU NATION OF E 8 32.00 E ESULTS RS DOLLARS TEST RESULTS ARE. MEMBRANE FILTER ADJUSTED COUNT COLIFORM/100 MI MOST PROBABLE NUMBER MPN COLIFORM/100 ML LABORATORY. ANALYST 11 DENVER 0 DURANGO GRAND JUNCTION Ci ❑ w v w r z 0 rn u /Voc/47 co/ /`',`"-c pit Fee Col e,Twti, 9,\s MEMBRANE FILTER DIRECT VERIFIED w 1- • Appendix B Wills Well #1 • • • Wills Well #2 House Well Property Boundary Colorado River Twp. 6 S.1 Scale 1" =2000' Rng. 92 W General Location Map SCALE. = 2,000' DATE. Aug 4, 1997 SHEET 1 OF 1 DRAVN BY. r --11(D BY, WmS CM APPD BY. TAZ PLAN NO. \97402\VICINI TY Wills Well #1 ZANCANEL L A AND ASSOCIATES, INC. ENGINEERING CONSUL TANTS POST OFFICE BOX 1908 - 1005 COOPER AVENUE GLENW000 SPRINGS. CC CPA00 51502 (970) 945-3700 FIGURE NO. 1B PROJECT. 97402_ ' 4' x 4" CONCRETE PAD _ _.._..--10 --20 --30 --40 -----50 CLAYS . — - 60 — - 70 --80 -90 — -100 ------110 �0 0O:0O0- 0V0 C D00 . 0 0• .0••00000•c 120 0.0 0 0.0 o.0 .0 3.2 COBBLES, ROCKS0.G oc �00.LGRAVELS o • "oc` 130 ) 0 O o f?.0 0- • • 0.0 90000Q0 0000OC )o°o°o.°o°o°o°r 140 //2.,././7,.///>/v1) /, WASATCH FORMATION 150 143 20 30�- 40 - 50 - 60 - 70 - 80 - 90 - 100 - 110 - 120 - 130 - 140 125 30' STEEL WELL CASING 7" 0.0., 0.240" WALL THICKNESS CEMENT GROUT 105' STEEL WELL CASING 5.5" 0.D., 0.188" WALL THICKNESS 15' PERFORATED STEEL WELL CASING 5.5" 0.0., 0.188" WALL THICKNESS WELL CONSTRUCTION GEOLOGIC LOG SCALE. I• - 20' DATE. July 17, 1997 SHEET 1 OF 1 DRAWN BY. WrnS CHKD BY. l APPD BY. TAZ TAZ PLAN NO. 97402 WILLS WELL #1 WELL PERMIT NO. MH -30684—A ZANCANELLA AND ASSOCIATES, INC ENGINEERING CONSUL TANTS POST OFFICE BOX 190E - 1000 COOPER AVENUE OLEIIVOOD SPRINGS, COLORADO 61602 (970) 940.-3700 FIGURE NO. PROJECT. 97402 • • Table 1B Wills Well #1 Pumping Test Data WATER DRAW DATE TIME LEVEL DOWN t t' tit' Q (ft) (ft) (min) (min) (gpm) 26 -Jun -97 11:00 AM 110.65 0.00 0 - - 0 26 -Jun -97 11:03 AM 111.00 0.35 3 - - 15 26 -Jun -97 11:04 AM 111.04 0.40 4 - - 15 26 -Jun -97 11:05 AM 111.08 0.44 5 - - 15 26 -Jun -97 11:08 AM 111.04 0.40 8 - - 15 26 -Jun -97 11:10 AM 111.04 0.40 10 - - 15 26 -Jun -97 11:12 AM 111.04 0.40 12 - - 15 26 -Jun -97 11:15 AM 111.04 0.40 15 - - 15 26 -Jun -97 11:20 AM 111.04 0.40 20 - - 15 26 -Jun -97 11:30 AM 111.04 0.40 30 - - 15 26 -Jun -97 11:40 AM 111.04 0.40 40 - - 15 26 -Jun -97 11:50 AM 111.04 0.40 50 - - 15 26 -Jun -97 12:00 PM 111.04 0.40 60 - - 15 26 -Jun -97 12:30 PM 111.08 0.44 90 - -- 15 26 -Jun -97 01:00 PM 111.08 0.44 120 - - 15 26 -Jun -97 02:00 PM 111.08 0.44 180 - - 15 26 -Jun -97 03:00 PM 111.08 0.44 240 - - 15 08/05/97 01:58:50 PM Zancanella & Associates pumptst1.123 • • Table 2B Wills Well #1 Recovery Test Data WATER DRAW DATE TIME LEVEL DOWN t t' tit' (ft) (ft) (min) (min) 23 -Jun -97 03:00 PM 111.08 0.44 240 0 — 23 -Jun -97 03:01 PM 109.29 -1.35 241 1 241 23 -Jun -97 03:02 PM 110.75 0.10 242 2 121 23 -Jun -97 03:03 PM 110.73 0.08 243 3 81 23 -Jun -97 03:04 PM 110.67 0.02 244 4 61 23 -Jun -97 03:05 PM 110.69 0.04 245 5 49 23 -Jun -97 03:06 PM 110.60 -0.04 246 6 41 08/05/97 01:59:14 PM Zancanella & Associates pumptst1.123 • • C 0 It 2 a 0 Recovery as Residual • • • 0 0 0 , N 71 (pal) unnopnneaa Lo N 0 CO 1 o 0 0 0 O 0 S.- a-' Following 4 -Hour Pump Test 6/26/97 Zancanella & Associates 03:17:31 PM • • 4 • • • • • • • • • • • tril O 0 in 1 1 (leap umopmeia 0 N e N 0 CO e 0 0 0 N- 0 O 0 .c - m M a) L m a) LE Time t (minutes) 4 -Hour Pump Test 6/26/97 pumptst1.123 Zancanella & Associates •tnrtnc nr rr_s.r-r 'rn nnttrcrrn it r 'tour-minmow-. GWS -51 INV A i .,c V� i._ 1 CiN l V VVINJ 1 f1Ul.t t avtvtttr t voter] 1/9@ Please type or print legibly in black ink Landowner's Name Sheila Wills f•. cy L fit.:. i. v...- 5 _, Tui':. i.iiiy n u n r C f ,RECEIVED 1 tvLL%0i MAY 02 /997 riK : tR RESOL•RC£S STATE ElycINEEP Well Owner's Name Sa mP cot.0. S flange yg -• PM, Cci.inry ripiti Hole(s) to be Constructed_ Number '1 Estimated Depth 190 Ft. Type Purpose of Monitoring Holes) • 1 . • No. Pr i.^.;r to Approximate Date of Construction 77hra from fax Driller Lic. No. (if applicable) ConsutrantorDriller Zancaneila & Associates Inc. Contact Terri Lance Address P.O. Box 1908 Cit„ S;s;o lip Glenwood Sptr inns r CO 81601 1095 Phone ( 9 70 ) 945-5700 Fax No. (970) 995-1253 • 41.,i1.,n O oma-- - .,.y:.owi•: F1LKNVVVLEUGLNItN 1 FROM FOR UEFiCE USE ONLY ?rlClOR ti v./ M!-!. STATE ENGINEER'S OFfSLt a 7 , DATE ACKNOWLEDGED i/5 -"/ Y DATE NOTICE RECEIVED ,n�," Dlv. CouNrr �� WD � l GROUND GLEV USGS MAP NO. CONDITIONS OF MONITORING HOLE ACKNOWLEDGEMENT R CCOV r'r THE NTLIT E..% ? once ^P rv�..v••nrnCCa.ENT s.aai DG AVAILABLE Al THE DRILLING SITE. t'iotice was provided to the State Engineer at least days prior ro construction of monitoring & observation hole(s). Construction of the hofe(s) must be completed within 90 days of the date notice was given to the State Engineer. letting and/or pumping shall not exceed t total of 200 hours unless prior written approval is obtained from the State Engineer. Water diverted during testing shall not be used for beneficial purposes. The owner of the hole(s) is responsible for obtaining permits) and complying with all rules and regulations pertaining to the discharge of fluids produced during testing. All work must comply with the water Wet! Construction Rules. 2 CCR 402-2. Minimum construction standards must be met or a variar.ce obtained. Well Constndct;on and Test Reports (GWS•311 must be submitted to this office by the licensed contractor or authorized individuet within 60 days of the completion of the work. Application to permit exi Stine monitoring and obserYstinn holes ehould reference the MH number under which the report wad filed Or be arrx,mpan:.d h_y a envy ,.f rhe r_^_•-_ Unless A will permit iz ohs, inert the 1'_telet must tie !u e4 :c_(_d t thin _ r.. ^fear construction.An Abandonment _ '. -. _ ...�. � i•_a�.. _.. ....o .. .... ono . �i �20� o Report tf erne GWS -9) ...-._. !'c submitted. within S0ya s of yiubau.d & 5c5nn9. The owner of the hoofers) +'n8uiv' maintain rewords of water avaiity testing and submit this data to the State Engineer upon request_ The reiohiiorine hole number. owner's structure name, ana note owner's name and address must be provided en all wet perm:: appilcationisi, weii construction and abandonment reports. A monitoring hole can not be converted to a production water well (other than a recovery well) unless the hole or well was originally constructed by a licensed well construction contractor. THIS ACKNOWLEDGEMENT OF NOTICE DOES NOT INDICATE THAT WELL PERMITiSI CAN 8E APPROVED. Additional Conditions II 1111 II 1! II 11 If 11 II 11 COLORADO DIVISION OF WATER RESOURCES -1313 SHERMAN ST -RM 821 -DENVER -CO 80203 303-866-3581/FAX 303-866-35£9 WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER rma =r7ONLY 1. WELL PERMIT NUMBER MH -30684-A 11 2. Owner Name(s) : Shiela Wills % Zancanella & Assoc Mailing Address : P.O. Box 1908 City, St. Zip : Glenwood Springs, Co. 81602 Phone (970) 945-5700 APPROVAL # GWS31-91-03 3. WELL LOCATION AS DRILLED: SE 1/4 NE 1/4 Sec. 4 Twp. 06S Range 92W DISTANCES FROM SEC. LINES: 0 ft. from Sec. line. and ft. from Sec. line. OR SUBDIVISION : LOT BLOCK FILING(UNIT) STREET ADDRESS AT WELL LOCATION : 4. GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED 06/06/97 TOTAL DEPTH 150 ft. DEPTH COMPLETED 143 ft. 5. GEOLOGIC LOG : 6. HOLE DIAM. (in) FROM (ft) TO (ft) Depth Type of Material (Size, Color, and Type) 9.0 0 30 000-105 Clays 6.5 30 143 105-140 Cobbles, Rocks, Gravels 5 143 150 140-150 Wasatch formation 7. PLAIN CASING OD (in) Kind Wall Size From (ft) To (ft) 7.0 Steel 0.240 -1 30 5.5 Steel 0.188 20 125 0 0 PERF. CASING : Screen Slot Size : ' 5.5 Steel .188 125 140 WATER LOCATED : 125 - 135 REMARKS : 8. Filter Pack Material : Size : Interval. 9. Packer Placement Type : Depth 10. GROUTING RECORD : JMaterial Amount Density Interval Placement cement 3 sks 16 gal 10-30 poured 11. DISINFECTION : Type : HTH Amt. Used : 2 oz. 12. WELL TEST DATA : [ ] Check Box If Test Data is Submitted On Supplemental Form. TESTING METHOD : Air Compressor Static Level : 112 ft. Date/Time Measured : 06/06/97 Production Rate : 10 gpm. Pumping Level : Total ft. Date/Time Measured : 06/06/97 Test Length : 2 hrs. Remarks nave 13.I read the statement; made herein and know the content: thereof. and that they are true to my knowledge !Pursuant to Se Qronr2J-J-1cJ (13j(a ) CPS. the mating of false statements Con4RuteS perjury in the second degree and is punishable as a class 1 misdemeanor ) CONTRACTOR : Shelton Drilling Corp. Phone : (970) 927-4182 _ Aallnn AddfesP p 1059 13ialt. C0__ 816,1 ,Booz Name / Title (Please Type or Print) Signature Wayne Shelton / President Date 06/25/97 • • Received from: Customer No JOHN C. KEPHART & CO. GRNO JUNCTION LARRAINE.LtI]RATRI 435 NORTH AVENUE • PHONE 242-7618 GRAND JUNCTION, COLORADO 81501 ANALYTICAL REPORT Zancanella & Assoc. Terri Lance 945-5700 PO Box 1908 Glenwood Springs, CO 81602 4817 water Laboratory No Sample 6/23/97 8/8/97 Date Received Date Reported Sample Nitrate(N) Ni trite(N) Nitrate/Ni trite(N) Total Coliform Bacteria 4917 Wills Well #1 Garfield County 6/23/97 4:25 4.51 mg/1 0.00 mg/1 (;0.01) 4.51 mg/1 0 colonies/100m1 sample NOTE: Samples were not taken by or composited in lab. Lower detection limit for Nitrate is 0.01 mg/1; Nitrite 0.01 mg/1; TCB is 1 col./100m1. Nitrate/Nitrite method from "Annual Book of ASTM Standards," D3867 -90B; TCBacteria SM9222B from "Standard Methods for the Examination of Water and Wastewater," 19th Ed., 1995. Analyzed 6/24/97 for nitrite, and 7/9/97 for nitrate by M. Bauer; 6/23/97 for TC8acteria by N. Bauer. n n ' a Director: B. Bauer 177113.4 Appendix C Wills Well #2 • • Property Boundary Town of Silt I Colorado River Scale 1" =2000' General Location Map SCALE. 1' = 2,000' DATE. Aug 4. 1997 SHEET 1 OF 1 DRAVN BY. W.r,S CHKD BY. CM APPD BY. TAZ PLAN NO. 97402\NCINITY Wills Well #2 ZANCANEL L A AND ASSOCIATES, INC. ENGINEERING CONSUL TANTS POST MICE 805 1908 - 1005 COCPER AVENUE C.FNw000 SPRINGS. COLORADO 81802 (970) 945-5700 FIGURE NO. PROJECT. 97402 17--- --- -_--- -20 =30 kH=--H= -H -- - - - -40 -50 CLAYS - - - --60 r _ _ _ 70 -80 - 100 -110 -120 r�oo.0b0 0floo0:o 000°04:0°0d017 -130 ).o 0 0 0 o o rap 00 • q '0 ?_19. .° to°�.°�O(1d�°Oct >c COBBLES, SAND 'ot140 GRAVELS ' °: D 0 .000b0ob 10°00'0010(30 0 0 D0o°°o0b0000Q.o` 150 �0DO•cf•o.00,�000 J°0°(0 0 0D0p0 p/. 16U , WA SA TCH /TO ATI" 125 159 21 ' x 4' x 4" CONCRETE PAD 30 - 40 - 50 - 60 - 70 - 25' STEEL WELL CASING 7" 0.0., 0.240" WALL THICKNESS CEMENT GROUT 80 - 123' STEEL WELL CASING 90 - 100 - 110 - 120 - 130 - 140 - 150 - 160 - WELL CONSTRUCTION GEOLOGIC LOG SCALE. 1' - 20' DATE, July 17. 1997 SHEET 1 OF 1 DRAWN BY, WmS CHKD BY. TAZ APPD BY, TAZ PLAN NO. 97402 144 164 5.5" 0.0., 0.188" WALL THICKNESS 20' PERFORATED STEEL WELL CASING 5.5" 0.0., 0.188" WALL THICKNESS WILLS WELL #2 WELL PERMIT NO. MH -30684—B ZANCANEL L A AND ASSOCIATES, INC. ENGINEERING CONSUL TANTS POST oma SOX 1906 - 1000 COOPER AVe4UE MD/NOW SPRINGS, COLORADO 51602 (970) 948-5700 FIGURE NO. 2C PROJECT. 97402 • • Table 1C Wills Well #2 Pumping Test Data WATER DRAW DATE TIME LEVEL DOWN t t Ut Q (ft) (ft) (min) (min) (gpm) 23 -Jun -97 12:30 PM 127.25 0.00 0 - - 0 23 -Jun -97 12:31 PM 128.58 1.33 1 - - 20 23 -Jun -97 12:34 PM 128.38 1.13 4 - - 15 23 -Jun -97 12:35 PM 128.29 1.04 5 - - 15 23 -Jun -97 12:36 PM 128.29 1.04 6 - - 15 23 -Jun -97 12:38 PM 128.29 1.04 8 - - 15 23 -Jun -97 12:40 PM 128.33 1.08 10 - - 15 23 -Jun -97 12:42 PM 128.33 1.08 12 - - 15 23 -Jun -97 12:45 PM 128.33 1.08 15 - - 15 23 -Jun -97 12:50 PM 128.33 1.08 20 - - 15 23 -Jun -97 01:00 PM 128.33 1.08 30 - - 15 23 -Jun -97 01:10 PM 128.33 1.08 40 - - 15 23 -Jun -97 01:20 PM 128.33 1.08 50 - - 15 23 -Jun -97 01:30 PM 128.33 1.08 60 - 15 23 -Jun -97 02:00 PM 128.33 1.08 90 - - 15 23 -Jun -97 02:30 PM 128.33 1.08 120 - - 15 23 -Jun -97 03:00 PM 128.33 1.08 150 - - 15 23 -Jun -97 03:30 PM 128.33 1.08 180 - - 15 23 -Jun -97 04:00 PM 128.33 1.08 210 - - 15 23 -Jun -97 04:30 PM 128.33 1.08 240 - - 15 08/05/97 02:08:45 PM Zancanella & Associates pumptst2.123 • • Table 2C Wills Well #2 Recovery Test Data WATER DRAW DATE TIME LEVEL DOWN t Y tn. (ft) (ft) (min) (min) 23 -Jun -97 04:30 PM 128.33 1.08 240 0 — 23 -Jun -97 04:31 PM 127.46 0.21 241 1 241 23 -Jun -97 04:32 PM 127.58 0.33 242 2 121 23 -Jun -97 04:33 PM 127.46 0.21 243 3 81 23 -Jun -97 04:34 PM 127.50 0.25 244 4 61 23 -Jun -97 04:35 PM 127.50 0.25 245 5 49 23 -Jun -97 04:38 PM 127.42 0.17 248 8 31 23 -Jun -97 04:40 PM 127.42 0.17 250 10 25 23 -Jun -97 04:42 PM 127.35 0.10 252 12 21 23 -Jun -97 04:45 PM 127.33 0.08 255 15 17 23 -Jun -97 04:50 PM 127.25 0.00 260 20 13 08/05/97 02:09:52 PM Zancanella & Associates pumptst2.123 • • • • • • • • • • • • • • • • • 0 Li) 0 in 0 10 0 C- c- N N CO 1 1 1 1 (pap) umopme.ia 0 0 0 0 0 0 0 M 0 L D) it Time t (minutes) 4 -Hour Pump Test 6/23/97 Zancanella & Associates GWS -51 "r nrwrT "rP� r�rokics-rn1 Ir�T 1{Artl►IIl ni/11r7' Lent CI ECEIVED ly V 1 ItoC .Jr I. - 1 Cly I 1V LLJ1yJ I rlV V / 'vivo(' 1 V11"1"-1 11LJLL%JJ trse Please type or print legibly in black ink Landowner's Name Sheila Wi 1l s MAY 0 21997 iru i eH RESOI;RCES STATE Ehtq.JEca Weft Owner's Name,_$.P colo. n S na ny'c tit J g�.. rIA Hole(s) to be Constructed: Number 1 Estimated Depth 1 2 f) Ft. Type Purpose of Monitoring Holes) , _ - lri+a D. -i r.r moi. Approximate Date of Construction 77hi-s fromvfax vvi.i :ij Izl1 f f- 1 p i • v....3 ■l# -r-uf r • . • . • - • • Driller Lic. No. Of applicable) 1095 Consultant or Driller Zancanelia & Associates, Inc. Phone (970) 995-5700 Contact Terri Lance Fax No. (970) 945-1253 Address P.O. Box 1908 city, S;a;_ 74,, Glenwood Spr ings r CO 81601 1 `10 J.t ']er"-- Ci.. - 1 :. 1 1 1111 If 1 11 11 11 11 11 ACKNOWLEDGEMENT FROM STATE ENGINEER'S U1-t'1C:E -� nc fl FoR uEFICE USE ONLY / J c GGvo•V.Gfe�rJa�w- � /.i DATE NOTICE RECEIVED 5'2' U%Q, x DATE ACKNOWLEQGED /5 —Y(7 Dlv. COUNTy�t WD ✓7 GROUND Et_EV I - USGS MAP NO. CONDITIONS OF MONITORING HOLE ACKNOWLEDGEMENT .- COPY OF Thir.i 1CT:c +VrirV ���VC�rCNT SHG.IYMLLHOLC AT THE DRIIIiNG SITE. Notice was provided to the State Engineer at least 3 days prior to construction of monitoring & observation hale(s). Cor,suuction of the hole(s) must be completed within SO days of the date notice was given to the State Engineer. Te=tin; and/or pumping shall not exceed a total of 200 hour: unless prior written approval is obtained from the State Engineer. Water diverte-d during testing shall not be used for beneficial purposes. The owner of the hole(.) is responsible for obtaining perrnit(s1 and complying with all rules and regulations pertaining to the discharge of fluids produced during testing. All work must comply with the Lvater We?1 Constriction Rules.. 2 CCR 602-2. Minimum construction standards must be met or a variance obtained. Well Construction and Test Reports (GWS -311 must be submitted to this office by the licensed contractor or authorized individual within 60 day3 of the completion of the work. Application to permit existing m4ni;orin_ erri obi5ervatjnn Should refer_.;_e the MH number under which the report was filyd or br by r cony Unless a w&Il orm t i� nhrn d th. t,r.i.ist 'r ti...L. .a .ra ___r -d . _ -___ ' ..._ - - - .. �_. _ r._yY^,. -. -,.o -- .:itht � cr.; (11 yc o. o�':o..,w mu.:L i:y ii_ An r.oarlo'dhrtieflt R_r-r• ;form rwc_al submitted. -.:_ CO .ojs o Nladbiirg al sc5ony. :.`.c J.:icr of the halcioi �Rouid rrlarhiain records of wateruoiit end eubmrt tflir q y testing e data to the State Engineer upon request. The %nvnitorinp nolo number. awncr-a structure name,. and hole owner"& name and address must be provided on all wen permit appii;etionisi. well consrruction and abandonment reports. A monitoring hoie can not be converted to 3 production Water welt (other than a recovery well) unless the hole or Well was orig)na!!y conttrvcted by licensed well constnrction contractor. THIS ACKNOWLEDGE7M11T OF NOTICE DOES 7JOT INDICATE THAT WELL PERMITS) CAN BE APPROVED. Additional Conditions 11 11 11 11 11 II 11 COLORADO DIVISION OF WATER RESOURCES -1313 SHERMAN ST -RM 821 -DENVER -CO 80203 303-866-3581/FAX 3Q3-866-3589 Recovery as Residual O 0 Li, O N (iaaj) UMOpMLJQ Following 4 -Hour Pump Test 6/23/97 • • Zancanella & Associates 03:16:38 PM &vet rent- GWS -51 flit/ 1 l .,1 1/9@ v1- 1.. 1 CIV l 1 V VLJI1 iD I RVC 1 1Ytoave 1 Vfn71111V Please type or print legibly in black ink Landowner's Name Sheila Wim is V %trn V C T.... �L• t . vcCiev i. ��_. . vn.il.. n Hates) to be Constructed_ Number Purpose of Monitoring Hole(s) Weft Owners Name SamQ AECEIVED 1 )J MAY 02 iss7 VVM i ti't RESOURCES STATE EA/Of/Ora COLO. .S Range 1c __g_2__4( PM. Estimated Depth 120 Ft. Type 1 0.4 r.arf lJid • . 1 . . ?I" t; P: ior Approximate Date of Construction 17h YR from fax Driller Lic. No. (if applicable) 1095 ConsuhantorDriller Zancanella & Associates Inc. Contact Terri Lance Address P . 0 . Box 1908 C,::;, St=te, 74,Glenwood Spr inas r CO 81601 Phone (970) 945-5700 Fax No. (970J 945-1253 a bees"'"*" y c:. ...:.a;;rc u 11 ACKNOWLEDGEMENT FROM STATE E NEER'S OFFICE FOR OhFiCE USE ONLY '2nCflR 4-0 I MH - Oo.^.Cee SE" .4 -- DATE NOTICE RECEIVED L/Q, DATE ACKNOWLEI/GEO DIv. CouNrY WD GROUND ELEV USG S MAP No. CONDITIONS OF MONITORING HOLE ACKNOWLEDGEMENT .. COPY of THE WRITTEN NOT10E O� L X ,. r�rr�� man- S t� rr1� • A V•. V.s.._Gt.yp.l C..1 JfL�LL GG MYI'!:u'.cLG AT THE unlutivy Notice was provided to the State Engineer at least 3 nays prior ro construction of manitorino & observation hole(s). Construction of the hole(s) must be completed within 90 days of the date notice was given to the State Enguleerr. Testing and/or pumping shall not exc-ed t tatal of 200 hour unless prior written approval is obtained from the State Engineer. Water diverted during testing shall not be used for beneficial purposes. The owner of the hole(s) is responsible for obtaining permit() and complying with all rules and regulations pertaining to the discharge of fluids produced during testing. All work must comply with the water Welt Construction Rules. 2 CCR 402-2. Minimum construction standards must be me: or a variance obtained. Well Construction and Test Reports (GWS -311 must be submitted to this office by the licensed contractor or authorized indivickel within 60 days of the completion of the work. Application to permit eyietino rQniloring and obEervetinn roles ehou!cl reference the MH number under which the report w.4- fired Or be nrn,,i..,4 h.. a e^,; mf .),e t- Unleg; a will permit !c obtainer{ the holt /.1 t Fee ..1.. �__1 _ .__• -- - ...�.. � �. ��. ....e �� L.,,...., p.." nit . attar .. v,.o�, ` �ii1� • .•w._ . � 11 year ____ ::t ii0r1. inn iodnddrlrlieni Re ere (f., rims -2) must to _d within evC cloys of plugging ca sc3itng. The owner of the ""I=ts) should maintain record= Of WJt er quality testing anQ atlDmlt tit >r data to the State Engineer Upon request. The inertitvrino hole number. owner's structure name, and hole owners name and address must be provided on all well permit appiieetionisj, well construction and abandonment reports. A monitoring hole can not be converted to a production water welt [other than a recovery well) unless the hole Or Well was orioinatly Constructed by a licensed well construction contractor. THIS ACKNOWLEDGEMENT OF NOTICE DOES NOT INDICATE THAT WELL PERMtTiS) CAN EE APPROVED. Additional Conditions 11 tl COLORADO DIV/SION OF WATER RESOURCES -1313 SHERMAN ST -RM 821 -DENVER -CO 80203 303-866.3581/FAX 303-566-3589 WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER FOR OFFICE US -ONLY APPROVALt#GWS31-91-03 1. WELL PERMIT NUMBER MH -30684-B 12. Owner Name(s) : Sheila Wills % Zancanella & Assoc Mailing Address : P.O. Box 1908 City, St. Zip : Glenwood Springs, Co. 81602 Phone (970) 945-5700 3. WELL LOCATION AS DRILLED: SE 1/4 NE 1/4 Sec. 4 Twp. 06S Range 92W DISTANCES FROM SEC. LINES: 0 ft. from Sec. line. and ft. from ate Sec. line. OR SUBDIVISION : LOT BLOCK FILING(UNIT) STREET ADDRESS AT WELL LOCATION : 4. GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED 06/10/97 TOTAL DEPTH 164 ft. DEPTH COMPLETED 164 ft. 5. GEOLOGIC LOG : 6. HOLE DAM. (in) FROM (111 TO (ft) Depth Type of Material (Size, Color, and Type) 9.0 0 25 000-125 , Clays 6.5 25 164 125-159 , Cobbles, Sand, Gravels 159-164 ; Wasatch formation 7. PLAIN CASING OD (in) Kind Wall Size From (rt) To (ft) 7.0 Steel 0.240 -1 25 5.5 Steel 0.188 21 144 0 0 i PERF. CASING : Screen Slot Size : 5.5 Steel .188 144 164 WATER LOCATED : 140 -159 REMARKS : 8. Filter Pack Material : Size : Interval : 9. Packer Placement Type : Depth 10. GROUTING RECORD : Material Amount Density Interval Placement cement 3 sks 16 gal 10-25 poured 11. DISINFECTION : Type : HTH Amt. Used : 2 oz. 12. WELL TEST DATA : [] Check Box If Test Data is Submitted On Supplemental Form. TESTING METHOD : Air Compressor Static Level : 132 ft. Date/Time Measured : 06/10/97 Production Rate : 10 9pm- Putnpirlg I t -:vel Ttllnl fl Odle/Time Medstrled 06/10/97 Tt-tsl I t-1lull i 7 lus • • • • Received from: JOHN C. KEPHART & CO. GR�NO JUNCTION LARATRI1 !35 NORTH AVENVE • PHONE 242-7618 • GRAND JUNCTION. COLORADO 81501 ANALYTICAL REPORT Zancanella & Assoc. Terri Lance 945-5700 PO Box 1908 Glenwood Springs, CO 81602 4873 water Customer No. Laboratory No Sample 6/27/97 8/3/97 Date Received Sample Nitrate(N) Ni trite(N) Nitrate/Nitrite(N) Total Coliform Bacteria Date Reported 4873 Wills Well #2 Garfield County 6/26/97 1:10 5.07 mg/1 0.00 mg/1 (<0.01) 5.07 mg/1 0 colonies/10Oml sample NOTE: Samples were not taken by or composited in lab. Lower detection limit for Nitrate is 0.01 mg/1; Nitrite C>.01 mg/1; TCB is 1 col./100m1. Nitrate/Nitrite method from "Annual Book of ASTM Standards," D3067 -90B; TCBacteria SM9222B from "Standard Methods for the Examination of Water and Wastewater," 19th Ed., 1995. Analyzed 6/27/97 for nitrite, and 7/9/97 for nitrate by M. Bauer; 6/27/97 for TCBacteria by N. Bauer. r n n • Director: B. Bauer • • CALOIA & HOUPT, P.C. ATTORNEYS AT LAW SHERRY A. CALOIA JEFFERSON V. HOUPT TRAVIS S. THORNTON September 30, 1997 Mr. Jeff Deatherage Division of Water Resources 1313 Sherman Street, Room 818 Denver, CO 80203 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 Re: ELW Land Company; Three Well Permit Applications Dear Jeff: Enclosed are three well permit applications concerning ELW Land Company. The first is a General Purpose Application to construct a new well; the second is a General Purpose Application to Use an Existing Well and the third is a permit for a residential well and monitoring hole. Also enclosed is our check in the amount of $180.00 to cover the filing fees for these three applications, together with an original client authorization letter. WDWCD applications have been filed for two of these well permits and are pending. The third permit is for a 35 acre tract. If you have any questions or comments, please do not hesitate to give me a call. Very truly yours, CALOIA & HOUPT, P.C. SAC:nla Enclosures cc: Sheila Wills, w/enc. Tom Zancanella, w/enc. / WILLS-Deatherage-(tr-1 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303)866-3581 GENERAL PURPOSE Water Well Permit Application (Please note: other forms are available for specific uses including - residential, livestock, monitoring/observ., gravel pits, registration of old wells) Review instructions prior to completing form Must be com I t d bl 1. APPLICANT INFORMATION pee In ack Ink or typed 6. USE OF WELL (please attach detailed description) Name of applicant ELW Land Company c/o Caloia & Houpt • INDUSTRIAL • OTHER: Use associated with • COMMERCIAL two single family dwellings • MUNICIPAL and two guest homes Mailing Address 1204 Grand Avenue • IRRIGATION ■ FEED LOT — number of head : 7. WELL DATA City State Zip Code Glenwood Springs CO 81601 Maximum pumping rate 15 gpm Annual amount 0.84 acre-feet Total depth 164 feet Aquifer Telephone number (include area code) 970-945-6067 8. LAND ON WHICH GROUND WATER WILL BE USED 2. TYPE OF APPLICATION (check applicable box(es)) A. LEGAL DESCRIPTION (may be provided as an attachment): See Attached Exhibit A (If used (or crop irrigation, attach scaled map that shows irrigated area.) ■ Construct new well • Use existing well • Replace existing well • Change or Increase Use • Change (source) Aquifer • Reapplication (expired permit) • Other: 3. REFER TO (if applicable): B. # acres C. Owner Water court case # Permit # D. LIst any other wells or water rights used on thls land: 79CW161 Emergency Verbal # -VE- Monitoring hole acknowledgment 5 MH -30984B ell name or # ills Well # 2 9. PROPOSED WELL DRILLER (optional) Name Shelton Drilling Corporation License number 1095 4. LOCATION OF WELL County Garfield Quarter/quarter SE 1/4 Quarter NE % 10. SIGNATURE of applicant(s) or authorized agent The making of false statements herein constitutes in the second degree, which is punishable as a demeanor pursuant to C.R.S. 24-4-104(13)(a). the statements herein, know the contents thereof, that they are true to my knowledge. perjury class 1 mis- I have read and state Section 4 Township N or S 6 • ■ Range E or W 92 • • Principal Meridian 6th Distance of well from section lines 1600 n. from • N ❑ S 1150 tt. from■ E 0 w Well location address, If different from applicant address (if applicable) Lot 2 & 3 969 County Road 231 Must be • .final signature / g_� 'litle Date For replacement wells only - distance and direction from old well to new well feet direction / ' 9736 0 OPTIONAL INFO' MATION 5. TRACT ON WHICH WELL WILL BE LOCATED USGS map name DWR map no. Surface elev. A. LEGAL DESCRIPTION (may be provided as an attachment): See Attached Exhibit A office Use only DIV CO B. STATE PARCEL 10# (optional): WD C. # acres In tract 15.316 D. Owner BA 0. Will this be the only well on this tract? YES • NO (if other wells are ort this tract, see instructions) USE(S) MD Form GWS -45 (12/95 0 0 0 0 0 0 0 0 0 0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 O • • CI Z 71 >(1) > m o O c 3co°mumcc.�m eo 1 1 O O O O o 0 0 0 0 0 0 0 a) W N (J N W CJ N (d N CJ N CJ 00 (J tO (aj tO (..) CA (0 CJ C0 W O CO O 0 0 0 0 0 0 0 0 0 p o O o 0 O O 0 0 O O O 00 00 3 0 0 0 0 0 O 0 000000000000 A O 0 A O A 0) Ut O O O O 0 c o 0 0 0 o 0 0 0 0 0 0 0 c 000000000000 O 0 0 0 0 0 0 0 0 0 0 0 0 V V V V V V V V V V CJI V N ® O O O 0 0 0 0 o 0 0 0 Ul Ul CO A (NO -• O N N+ Ul A Ul N N N co - W N CO0) O o 0 0 0 o p O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 NJ 0 (0 0 (0 0 0 (0 00 (O 0 03 0 0 0 0 0 0 0 0 0 0 0 0 o 0 000000000000 O pO p O O O 0 O o 0 o O O N O O W J 0 -• -+ J A 0 0 CD 0 O O O O Cr O 0 0 0 0 0 0 0 0 0 0 0 0 0 0© 0 0 0 0 O0 0 0 0 0 0 0 0 0 0 0 0 O coo o O o o o 0 0 0 0 N 0 0 0 0 0 0 "o 0 0 0 0 O N N N N N N N N N N N N O o 0 0 o O o 0 0 0 0 o O O A A 01 0 W Ul Co A OW A 0 5 0 12, nC 3 m 0 5 0 a n o C N C7 m d• O o d 3 0m 1. m to c m r a < n m � o 0 m n o a 3 0 0 N suoneinoleo asn JOleM N N Q Ut V 212 0 2R 0 U( O N (0 0 C .a U CD 7 0 d � N 7 spuewaq 3ps 0> 4k Vk41 .0 m d es a o ID m 6 m p(!� 0 a N 3 7 7 0 O up j d 0 C O 3 .a m p' 0 N 2.-, m 3 =i 7 c 0 —„,c2- 2 7 n _ m- ma c n C77 a N 7 X� L N N O c Ul 0 W O N (0 d U (') 0. c 0 0 3 30 3 d 7 a H 0>- it r D v 0(a < 7 0 OU CO(a a m 7 7 — . N — N c a d m O 0 61 0, 3. 2 7 0 C ea 7" O d x" .0 f1(moo•plc TO 3= 7 c w m 7 0 (n 7.(a '0 D IT) -0 =m o m 7 C N n o 0 0 d ^j X� m 0 �G 7 N OV m v 2r O Ul W .Z7 0 .: N (0 C 0 ID 7 0 en o (, N spuewaa law° COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303)866-3581 GENERAL PURPOSE (Please note: other forms are available for specific uses including - residential, Review instructions prior to comeleting form 1. APPLICANT INFORMATION Name of applicant ELW Land Company c/o Caloia & Houpt Mailing Address 1204 Grand Avenue City Glenwood Water Well Permit Application livestock, monitoring/observ., gravel pits, registration of old wells) Must be completed in black ink or typed 6. USE OF WELL (please attach detailed description) ❑ INDUSTRIAL ■ OTHER: Use associated with ❑ COMMERCIAL one single family dwellings ❑ MUNICIPAL ❑ IRRIGATION ❑ FEED LOT — number or head : State Zip Code Springs CO 81601 Telephone number (include area code 970-945-6067 2. TYPE OF APPLICATION (check applicable box(es)) 7. WELL DATA Maximum pumping rate 15 gpm Total depth 128 feet ❑ Construct new well O Replace existing well ❑ Change (source) Aquifer ❑ Other: 'Elise existing well ❑ Change or Increase Use ❑ Reapplication (expired permit) Annual amount 1.0 acre-feet Aquifer 8. LAND ON WHICH GROUND WATER WILL BE USED A. LEGAL DESCRIPTION (may be provided as an attachment): See Attached Exhibit A (If used for crop irrigation, attach scaled map that shows irrigated area.) 3. REFER TO (if a.plicable): Water court case # 79CW161 Emergency Verbal # -VE- ell name or # Permit # 7689 Monitoring hole acknowledgment # MH - B. # acres C. Owner D. LIst any other wells or water rights used on this land: Canto Well # 1, House Well # 1 4. LOCATION OF WELL County Garfield Section 4 Township N or S 6 • Quarter/quarter NE% Range E or W 92 0 ■ Quarter NE '/, Principal Mendian 6th Distance of well from section lines 1500 ft. from ■ N ❑ 200 ft. from■ E ❑ W Well location address, If different from applicant address (If applicable) Lot 1 969 County Road 231 For replacement wells only - distance and direction from old well to new well feet direction 5. TRACT ON WHICH WELL WILL BE LOCATED 9. PROPOSED WELL DRILLER (optional) Name Stoneman & Son License number 78 10. SIGNATURE of applicant(s) or authorized agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 mis- demeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein, know the contents thereof, and state that they are true to my knowledge. Must be rial signature A. LEGAL DESCRIPTION (may be provided as an attachment): See Attached Exhibit A B. STATE PARCEL ID# (optional): C. # acres In tract 3.318 D. Owner et WiII this be the only well on this tract? YES 0 NO (if other wells are on this tract, see instructions) OPTIONAL INFO; ' TION USGS map name Date � Zky— DWR map no. Surface elev. Office Use Only DIV CO WD BA USE(S) MD Form GWS -45 (12/95) ° o — m o n N m N� oc av 2 m a D N - . o ;01-R- t. a T 0`+ a, m o co )n c c y -1394 c c 3 g 0.3 c •G A.< r (-) y a CD 9 Month al rl CD 1 N CD ^ `1 DJ C, 0 O 000000000000 w 0000000b0000 w w w w w w w w w w w w w N (.3J w N w w N w N w O w O O p O O O O Op O O O O pp O O g 888888888888 O 0 0 0 0 0 0 0 0 0 0 0 0 to 0 0 0 O -s O O O O O O) 0 0 w J 0 N— o U) O O O O O O o O O o 0 0 0 o 0 0 0 000000888888 000000000000 bbro 0 0 A A 0 0 0 0 gip Q 0 A A A A A A A o o o o 9 P o o o o 0 0 0 0 0 0 0 0 0 0 0 A A Q) A W U) — CO A W A O 0 0 0 O -+ " 0 0 0 0 0 m w w N 6) O N— 0n a) w w w N (1) (2) (3) (4) (5) (6)(7) Domestic Commercial Dom\Comm Open Space Livestock Average In-house In-house Irrigation Irrigation Total Flow (ac -ft) (ac -ft) (ac -ft) (ac -ft) (ac -ft) (ac -ft) (gpm) Diversion Requirements 0 0 0 0 0p 0 0p 0 0p 0 0p 0 0 0 0 0 0 o 0 0 0 0 0 0 0 cn CP CO N w CO CO cn cn U) u) 0) 0) 0 0 0 0 0 o O o 0 o O o 0 0 00.0000000080 O O o O 0 0 0 0 0 0 0 0 0 ca 0 0 0 0 0 0 0 0 0 0 0 0 co 0 0 fJ U) V W 00 U) w 0 0 0 o O O o 0 0 0 0 0 0 0 0 0 0 888888080888• O O O o 0 0 0 0 0 0 O 0 0 g 080888888888 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oaomm000Ao00 Consumptive Use• (8) (9) (10) (11) (12) (13) Domestic Commercial Dom\Comm Open Space Livestock In-house In-house Irrigation Irrigation Total (ac -ft) (ac -ft) (ac -ft) (ac -ft) (ac -ft) (ac -ft) 7 CO C s;ndu) ash Ja}eM m 0 3 y CD II. a) .-r CD CD "S CD 3 CD uogdwaxj sIu!M COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 NEW 35+ ACRE RESIDENTIAL Water Well Permit Application• • .. , ----� --- 1. APPLICANT INFORMATION ..,aria ..r,a.vr nFlCWCU 111 UlcILK 1111 or typed 6. USE OF WELL (check appropriate entry or entries) Name of applicant ELW Land Company c/o Caloia & Houpt • A. Ordinary household purposes in up to 3 single-family dwellings, the watering of domestic animals, and the irrigation of not more than one (1) acre of home gardens and (awns • B. Livestock watering (on farm/ranch/range/pasture) Mailing Address 1204 Grand Avenue City Glenwood Springs State CO Zip code 81601 Telephone Number (include area code) 970-945-6067 7. WELL DATA MAXIMUM PRODUCTION RATE OF THE WELL SHALL NOT EXCEED 15 GPM 2. TYPE OF APPLICATION CONSTRUCT A NEW WELL ON A TRACT OF LAND OF 35 ACRES OR MORE 8. TYPE OF RESIDENTIAL SEWAGE SYSTEM ■ Septic tank / absorption leach field • Central system District name: 3. REFER TO (if applicable): Monitoring hole acknowledgment if MH -30984A • Vault Location sewage to be hauled to: • Other (attach copy of engineering design) 4. LOCATION OF WELL County Garfield Quarter/quarter SE 1/4 Quarter NE 1/4 9. PROPOSED WELL DRILLER (optional) Name Shelton Drilling Corporation License number 1095 1 1 Section 4 Township N or S 6 0 • Range E or W 92 ❑ • Principal Meridian 6th 10. SIGNATURE of applicant(s) or authorized agent Distance of well from section lines 2000 ft. from ■ N • S 400 ft. from IS E o w The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 mis- demeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein, know the contents thereof and state that they are true to my knowledge. Well location address, if different from applicant address (if applicable) Lot 4 969 County Road 231 5. TRACT ON WHICH WELL WILL BE LOCATED Must be oriri al signature , /% J - . A. ATTACH LEGAL DESCRIPTION FOR 35+ ACRE TRACT • Development Name Silt Mesa Tiff: / f �/��i Date 9/30 9 Office Use Only / DWR Map No. Lot no. 4 Unit DIV 0 Other CO B. STATE PARCEL ID# (optional): - WD BA C. # acres in tract 73.8093 ' D. THIS WILL BE THE ONLY WELL ON THIS TRACT USE MD • • September 17, 1997 To Whom it May Concern: I hereby authorize the law firm of Caloia & Houpt, P.C. to execute, deliver, amend and accept delivery of any and all necessary documents relative to the application for well permits to be filed on my behalf. I further authorize said law firm to generally do any and all things on my behalf, which attorneys in their discretion shall deem necessary or proper with regard to the application for well permits. I understand that this original authorization will be submitted to the State. WILLS -Authorization -1 EL ( t) C. A+"b ComPand (},_ z e , i Sheila Wills i? re cle( t- / P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 • Zanc4NELL4 4NO 455OCI4TES, Inc. ENGINEERING CONSULT4NTS September 22, 1997 Mr. Jeff Deatherage CO Div of Water Resources State Engineer Office 1313 Sherman St, Rm 818 Denver, CO 80203 Re: Permit Applications, Receipt # Dear Jeff: (970) 945-5700 (970) 945-1253 Fax On April 24, 1997, a representative of Zancanella and Associates, Inc. visited the property at 969 County Road 231 in Silt in order to determine the distances between the existing wells and wells on adjacent property's. In order to determine this we used the State of Colorado's well data base to locate any wells that may be within an area of 1/4 mile surrounding the property. With this information we located 10 wells, including the two existing wells that might fall into our 1/4 mile plot. The two existing wells were listed on the data base as being located in Township 6 South, Range 92 West as follows: Permit # Quarter Quarter Quarter Section 23061 NE NE 4 7689 NE NE 4 We then visited the site to verify which of the remaining wells were actually located nearest to the property. The attached map shows the locations of these wells. Permit # Quarter Quarter Quarter Section Location 1 66261 NW NW 3 970 231 Road 2 111460 NW SW - 3 not located 3 111461 NW SW 3 not located • 4 167795 NW SW 3 660 231 Road 5 20438 NE NE 4 1083 231 Road 6 8912 NE NE 4 233 Road 7 1277 SE NW 4 Harness & 231 Road 8 ?? NW SW 3 672 231 Road Dunsdod/Macallister Two of these wells are located less than 600 feet from the well that currently services the house on the property(permit # 7689). They were Permit #66261 and Permit # 20438. They belong to the neighbor to the north and the house across the street respectively. Permit # 20438 does not match any existing property owner and may still be registered to a previous owner. We have concluded that there are no wells which serve more than one residence which are located within 600 feet of the wells being applied for in this application. If you have any questions, please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. Terri L. Lance Geologist cc: Sherry Caloia Sheila Wills L:\97402\600'seoletter.wpd Rng. 92 W. 20438/138 151100 I 0 o 23061/117 20190 14, 5583J /'1 8912185 20150 Lam' i : -J r /' 66261/145 151100 c.• 7689/137 101117 549,9 1277185 X/X • ,J •. • :r 1 • (\j ...L. �► /, L _ ac I .t, r 1 1114601X X1X IIt. 11 // .. 1 ill /1 167795/60 12148 1114611X XXX t :.11 i• �--.,[.�.. 0 •L..' •11 •�I it •. (• :_111••• IN ■•as 5449 MI 5 1J tr .0 I Scale 1" =1000' 1 Figure 1 Wills Property Area Well Locations Zancanella & Associates 4/97 #97402 • • SHERRY A. CALOIA JEFFERSON V. HOUPT TRAVIS S. THORNTON CALOIA & Hourr, P.C. ATTORNEYS AT LAW September 30, 1997 West Divide Water Conservancy District Attn: Janet Maddock, Admin. Asst. P. O. Box 1478 Rifle, CO 81650 Re: ELW Land Company. Applicant Dear Janet: 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 Enclosed for filing please find two original Applications and Data Forms to Lease Water from West Divide Water Conservancy District (plus another original for each), on behalf of Applicant ELW Land Company, together with our check in the amount of $426.00 to cover the filing fee for each application. Thank you for your assistance in this matter. If you have any questions or concerns, please do not hesitate to give me a call. SAC:nla Enclosures cc: Sheila Wills, w/enc. Tom Zancanella, w/enc. WILLS-WDWCD-ltr-1 Very truly yours, CALOIA & HOUPT, P.C. Contract No. Map ID No. Date Activated APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name ELW Land Company Address P. 0. Box 10091, Aspen, Colorado Telephone Number 970-963-8324 Authorized Agent or Rep: Caloia & Houpt. P.C.. 1204 Grand Ave.. GWS. CO 945-6067 B. WATER RIGHT OWNED BY APPLICANT OR BEING APPLIED FOR Name of Right House Well Type of Structure or Right Well Location of Point of Diversion (description from decree or permit) House Well: NE 1/4 NE 1/4, Sec 4, T6S, R92W, 6th P.M. , 1065' from N Sec Line, 203' from East Sec. Line. Water Court Case No. N/A Well Permit No. Application Pending. C. INTENDED USE OF LEASED WATER Location of Area of Use (Include complete and accurate legal description of property on which water right is to be used. May be attached as Exhibit A) (See attached) Total Acreage 0.11 acres Description of Use Domestic -1 single family dwelling Irrigation - 5.000 square feet. Stockwater - square feet Total Number of Dwelling Units .. Number of Constructed Units �. Number of Vacant Lots Q Potable Water System Well Waste -Water Treatment System Septic System Projected Monthly Volume of Leased Water Needed in Gallons Jan. 13,000 Feb. 12,000 Mar. 13,000 Apr. 28,000 May 39,000 June 51,000 July 54,000 Aug. 48,000 Sept. 37,000 Oct. 22,000 Nov. 12,000 Dec. 13,000 Annual Total Gallons 342,000 Maximum Instantaneous Demand 15 SIM D. OTHER REMARKS: • cre r'eec Date 7/3/9- Applicant WILLS-WDWCD-App-Well 1 ac,f-z", Applicant • Contract # Map ID # Date Activated WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT/LEASE Name of Applicant: ELW LAND COMPANY Quantity of Water in Acre Feet: 1.00 acre feet Applicant. hereby applies to the West Divide Water Conservancy District. a political subdivision of the State of Colorado. organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-101. et seq., (hereinafter referred to as the "District") for an allotment contract/lease to beneficially and perpetually use water or water rights owned. leased. or hereafter acquired by the District. By execution of this contract/lease and the attached application, 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 and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. 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/lease. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided. Applicant may so notify the District in writing. and the amount of water allotted under this contract/lease 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 commercial (except to the extent that Ruedi Reservoir water may not be available for commercial as that term is 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, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir 0Green Mountain Reservoir, or other works or facilities of the District, or from other sources available to the District. 11 be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for 1 said other sources. and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to e District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to istrict 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 Division of Water Resources to estimate any conveyance losses between the original point and any alternate point. and such estimate shall be deducted from this amount in each case. 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 right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Ili, licant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of ersion. the Applicant shall make annual payments to the District based upon the amount of water allotted under this contract/lease. 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. Contract/lease Payment: Non-refundable. one time administrative charge, in the amount determined by the Board of Directors of the District from time to time. shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made'in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant. among other things. of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat S50 late fee will be assessed. Final written notice prior 11111 cancellation will be sent certified mail, return receipt requested. to the Applicant at such address as may be designated the Applicant in writing or set forth in this contract/lease or application. Water use for any part of a water year shall 2 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 fifteen (15) days after the date of said written notice. Applicant shall at District's sole option have no further right, title or interest under this contract/lease without further notice. and delivery may be immediately curtailed. The allotment of water. as herein made. may be transferred. leased. or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment contract/lease with the District. the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any 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 contract/lease shall inure to the benefit of the heirs, successors or assigns of the parties hereto. Any assignment of the Applicant's rights under this contract/lease shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of contract/lease rights and the assumption of contract/lease 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/leases. No assignment shall be recognized by the District except upon completion and filing of proper forms for change of ownership. Upon the sale of the real property to which this contract/lease pertains, Applicant has a duty to make buyer �re of this conUpon and proper forms for change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado: by the rules and regulations of the Board of Directors of the District: and all amendments thereof and supplements thereto and by all other applicable law. 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 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/lease. 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 contract/lease is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein. other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. • 3 13. title: 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 conservation practices with respect to the water and water rights herein. and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the Contract/Lease amount. which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling. the watering of domestic livestock, fire protection. and the irrigation of up to 6,000 square feet of lawn and garden. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering at a horse boarding facility. provided that in no event shall actual diversions exceed the amount of water provided by this Contract/Lease. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract/Lease. 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. Measuring Device or Meter: Applicant agrees to provide at its own expense an adequate measuring device or meter to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this contract/lease. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. 18. Representations: By executing this contract/lease. Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's 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 contract/lease. 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. 19. Costs of Water Court Filing and Augmentation Plan: Should the District. in its own discretion. choose to include Applicant's contract/lease 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 proceedings. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application and Data Form to Lease Water From 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. • 4 21. 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/LEASE. IT IS THE CONTINUING DUTY OF THE •PLICANT 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. Applicant: Applicant: Applicant address: 4•401/ Cj� /ly ' CA/5 C4, Q"/ (00 ! STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this day of • Witness my hand and official seal. 1917by My commission expires: MY cxnm+S 01118 1pM4 URr4/2800 _ t ORDER Notary Pub.Tic After a hearing by the Board of Directors of the West Divide Water Conservancy District on the application. it is hereby ORDERED that said application be granted and this contract/lease shall be and is accepted by the District. ATTEST: WEST DIVIDE WATER CONSERVANCY DISTRICT By President Secretary Date This contract/lease includes and is subject to the terms and conditions of the following documents which must accompany this contract/lease: • 1. Map showing location of point of diversion (use map provided) 2 Application and Data Form fully completed and signed 3. 5 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303)866-3581 GENERAL PURPOSE Water Well Permit Application lease note: other fomes are available for specific uses including - residential, livestock, monitoring/observ., gravel pits, registration of old wells) eview instructions prior to completing form Must be com feted in black ' k 1. APPLICANT INFORMATION p to or typed 6. USE OF WELL (please attach detailed description) Name of applicant ELW Land Company c/o Caloia & Houpt • INDUSTRIAL ■ OTHER: Use associated with ■ COMMERCIAL one single family dwellings • MUNICIPAL Ma+ling Address 1204 Grand Avenue • IRRIGATION • FEED LOT — number of head : 7. WELL DATA City State Zip Code Glenwood Springs CO 81601 Maximum pumping rata 15 gpm Annual amount 1.0 acre-feet Total depth 128 feet Aquifer Telephone number (include area coda) 970-945-6067 8. LAND ON WHICH GROUND WATER WILL BE USED 2. TYPE OF APPLICATION (check applicable box(es)) A. LEGAL DESCRIPTION (may be provided as an attachment): See Attached Exhibit A (If used for crop irrigation. attach scaled map that shows irrigated area.) • Construct new well *Use existing well ❑ Replace existing well 0 Change or Increase Use • Change (source) Aquifer • Reapplication (expired permit) • Other: 3. REFER TO (if applicable): B. #acres C. owner Wafer court case # 79CW161 Permit # 7689 D. List any other wells or water rights used on this land: Emergency Verbal # -VE- Monitoring hole acknowledgment # MH - II name or# onto Well # 1, House Well # 1 9. PROPOSED WELL DRILLER (optional) Name Stoneman & Son License number 78 4. LOCATION OF WELL County Garfield Quarter/quarter NE'/, Quarter NE % 10. SIGNATURE of applicant(s) or authorized agent The making of false statements herein constitutes in the second degree, which is punishable as a demeanor pursuant to C.R.S. 24-4-104(13)(a). the statements herein, know the contents thereof, that they are true to my knowledge. perjury class 1 mis- I have read and state Section 4 Township N or S 6 • • Range E or W 92 0 1 Pnncipal Mendian 6th Distance of well from section lines 1500 n. from ■ N ❑ S 200 n. from.' E 0 W Well location address, if different from applicant address (if applicable) Lot 1 969 County Road 231 Must be n. signature C� itl a / Date //3G-- For replacement wells only- distance and direction from old wall to new well feet direction OPTIONAL INFO' . TION 5. TRACT ON WHICH WELL WILL BE LOCATED USGS map name DWR map no. Surface elev. A. LEGAL DESCRIPTION (may be provided as an attachment): See Attached Exhibit A office Use only DIV CO B. STATE PARCEL ID# (optional): WD C. n acres In tract 3.318 D. Owner BA Ilk/Will this be the only well on this tract? ES ■ NO (if other wells are on this tract, see instructions) USE(S) MD Form GWS -45 (12/95) o A a m O N Dj NCr,C C o 7• aCDN (0 2 NN N O 0 • o ,, o • - • cp F c • Ubi .Jd{eM 0>ry xt stat oa m () (0v 0 v °v (o 0 �. j (A O (p O N = d 0 � U fD m o= m= 3 Emar c 0 a m 2 3 n7 d N 0 0CO O N• UI .... Vie0 0U10 .�I. N (0 0 C U N0 23 a 2- c IJOOuto WO 'J*02120.010 a a n 0 0 a s °' �c m n( o N J m o X V aeocnw73o WI 0 CO C 71 0 0 0=a) H N N spuewaa oilsawoa 0 0 3CD3 3 a (n spuewaa iayl0 m 3 C m m N Fir x CD -a .a • • V a a rt N C 3 co N R92W R9 1 W RIFLE GAP STATE ! s RECREATION AREA1611 ..„1-. 6 t i 24 45 I LE • I I 106'�C1'j 136 ---i_•--i 5. , --- -1 • 147, 48 10049115:_ 56;__ 1 55 50 _5,§1,1__ I I •-�-- -- --T-- r ;-i�,T- r 4;1358; 142,!143 p' h6° 107 • /z'} 38 26,27,28 I '122 Ci - - - -r -'r I8 241 19 6400 19 ARA A 1 NEW -;ASTL 124 131._1 s 14 • idie ' 138 r_1 10 61 145A,121 •- -1-- -1130 146-_ _ t 1.126 ''SILT'�1! �• .- ---_ 84 -52 ;--T •63 •, 36 3 19 24 I I I/: 1 I I 1 : t I \•.. �_ • I 'dC :.. 1 ''.1 1 I t l 31 % I _: 1 : I I +. 1 :I I 1 :`I r • 53� ° :' ; IJ/• G` : ry t I11 ojj• r i i I --- yJ Q I . I K. _ 1 \Cl Y,1 I • '. 64' 1 :: V7 :. 1 i I J I�:\ —r—_a_.'11---L--i--_.I - — /` ^. J• 1 I L. -'I / Lim} I *34 1 • • • 38 • • 0 r, 31 34 / 0 7200 • • 0 0 Cal 17100 h: Contract No. Map ID No. Date Activated APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name ELW Land Company Address P 0. Box 10091, Aspen, Colorado Telephone Number 970-963-8324 Authorized Agent or Rep: caloia & Ho pt. P.C.. 1204 GrBr1 Ave.. GWS, CO 945-6067 B. WATER RIGHT OWNED BY APPLICANT OR BEING APPLIED FOR Name of Right Wills Well No. 2 Type of Structure or Right Well Location of Point of Diversion (description from decree or permit) Well No 2; Sec 4, T6S, R92W, 6th P.M., 1600' from N Sec. Line, 1150' from East Sec. Line. Water Court Case No. N/A Well Permit No. Application Pending. C. INTENDED USE OF LEASED WATER Location of Area of Use (Include complete and accurate legal description of property on which water right is to be used. May be attached as Exhibit A) (See attached) , Total Acreage 0.22 acres Description of Use Domestic, irrigation, stockwatering (2,500 square feet Per unit) Total Number of Dwelling Units 1_(2 per lot) Number of Constructed Units Q Number of Vacant Lots 2 Potable Water System Well Waste -Water Treatment System Septic System Projected Monthly Volume of Leased Water Needed in Gallons Jan. 51,000 Feb. 46,000 Mar. 51,000 Apr. 71,000 May 86,000 June 101,000 July 106,000 Aug. 99,000 Sept. 82,000 Oct. 64,000 Nov. 50,000 Dec. 51,000 Annual Total Gallons 858,000 cre r'eet Maximum Instantaneous Demand 15 D. OTHER REMARKS: • Date WILLS- W D W C D -App -Well 2 Applicant Name of Applicant: Contract # Map ID # Date Activated WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT/LEASE ELW LAND COMPANY Quantity of Water in Acre Feet: 2.51 acre feet Applicant. hereby applies to the West Divide Water Conservancy District. a political subdivision of the State of Colorado. organized pursuant to and existing by virtue of C.R.S. 1973. 537-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract/lease to beneficially and perpetually use water or water rights owned. leased. or hereafter acquired by the District. By execution of this contract/lease and the attached application. 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 and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from e Colorado Division of Water Resources. di 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/lease. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District. and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided. Applicant may so notify the District in writing. and the amount of water allotted under this contract/lease 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 commercial (except to the extent that Ruedi Reservoir water may not be available for commercial as that term is 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. or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir Green Mountain Reservoir. or other works or facilities of the District, or from other sources available to the District. 1 be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for 1. said other sources. and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to 11111 he District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to istrict 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 Division of Water Resources to estimate any conveyance losses between the original point and any alternate point. and such estimate shall be deducted from this amount in each case. 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 right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein. and further agrees to indemnify the District frau 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 •ersidn. the Applicant shall make annual payments to the District based upon the amount of water allotted under this contract/lease. 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. Contract/lease Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made -in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things. of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat S50 late fee will be assessed. Final written notice prior 1111/1 cancellation will be sent certified mail. return receipt requested, to the Applicant at such address as may be designated he Applicant in writing or set forth in this contract/lease or application. Water use for any part of a water year shall 2 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 fifteen (15) days after the date of said written notice. Applicant shall at District's sole option have no further right. title or interest under this contract/lease without further notice, and delivery may be immediately curtailed. The allotment of water. as herein made. may be transferred. leased. or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment contract/lease with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any 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 contract/lease shall inure to the benefit of the heirs. successors or assigns of the parties hereto. Any assignment of the Applicant's rights under this contract/lease shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of contract/lease rights and the assumption of contract/lease 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/leases. No assignment shall be recognized by the District except upon completion and filing of proper forms for change of ownership. Upon the sale of the real property to which this contract/lease pertains. Applicant has a duty to make buyer Illare of this contract/lease and proper forms for change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado: by the rules and regulations of the Board of Directors of the District: and all amendments thereof and supplements thereto and by all other applicable law. 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 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/lease. 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 contract/lease is executed. or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. • 3 13. Title: 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 conservation practices with respect to the water and water rights herein. and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the Contract/Lease amount. which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling. the watering of domestic livestock. fire protection. and the irrigation of up to 6.000 square feet of lawn and garden. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering at a horse boarding facility. provided that in no event shall actual diversions exceed the amount of water provided by this Contract/Lease. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract/Lease. 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. Measuring Device or Meter: Applicant agrees to provide at its own expense an adequate measuring device or meter to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this contract/lease. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. 18. Representations: By executing this contract/lease. Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's 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 contract/lease. 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. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion. choose to include Applicant's contract/lease 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 proceedings. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application and Data Form to Lease Water From 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. • 4 21. 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/LEASE. IT IS THE CONTINUING DUTY OF THE . PPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL OMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. Applicant: Applicant: Applicant address: l o (fir t.v Ave j 6 (€1414/001 ioI' 11-75 S 60 0f / 0 / STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this 30 day of 5 t,r(1 A. Ca.1 o a. Witness my hand and official seal. My commission expires: My s 10/24/2400 ORDER S/ 199 7by Notary • blic After a hearing by the Board of Directors of the West Divide Water Conservancy District on the application. it is hereby ORDERED that said application be granted and this contract/lease shall be and is accepted by the District. ATTEST: WEST DIVIDE WATER CONSERVANCY DISTRICT By President Secretary Date This contract/lease includes and is subject to the terms and conditions of the following documents which must accompany this contract/lease: • 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. 5 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303)866-3581 GENERAL PURPOSE Water Well Permit Application (Please note: other forms are available for specific uses including - residential, livestock, monitoring/observ., gravel pits, registration of old wells) ofieview instructions prior to completing form Must be comnIPtpri in black ink or t yped . APPLICANT INFORMATION Name of applicant ELW Land Company Go Caloia & Houpt Mailing Address 1204 Grand Avenue City State Glenwood Springs CO 6. USE OF WELL (please attach detailed descriptionL O INDUSTRIAL ■ OTHER: Use associated with ❑ COMMERCIAL two single family dwellings ❑ MUNICIPAL and two guest homes ❑ IRRIGATION O FEED LOT — number of head 7. WELL DATA Zip Code 81601 Telephone number (include area code) 970-945-6067 2. TYPE OF APPLICATION (check applicable box(es)) Maximum pumping rata Total depth Annual amount 15 gpm 0.84 acre-feet 164 feet Aquifer • Construct new well ❑ Replace existing well 0 Change (source) Aquifer O Other. 3. REFER TO (if applicable): ❑ Use existing well ❑ Change or Increase Use ❑ Reapplication (expired permit) 8. LAND ON WHICH GROUND WATER WILL BE USED A. LEGAL DESCRIPTION (may be provided as an attachment): See Attached Exhibit A (If used for crop irrigation, attach scaled map that shows irrigated area.) Water court case # Permit # B. # acres C. Owner Emergency Verbal # -VE- jell name or # Monitoring hole acknowledgment # MH -309848 D. Ust any other wells or water rights used on this land: 79CW161 Ills Well #2 9. PROPOSED WELL DRILLER (optional) 4. LOCATION OF WELL County Garfield Section Township N or S 4 6 ■ Quarter/quarter SE 1/. Range E or W 92 0 • Name Shelton Drilling Corporation License number Quarter NE % Principal Meridian 6th Distance of well from section lines 1600fl.fromENDS 1150 f. from■ E ❑ Well location address, If different from applicant address (If applicable) Lot 2 & 3 969 County Road 231 1095 10. SIGNATURE of applicant(s) or authorized agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 mis- demeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein, know the contents thereof, and state that they are true to my knowledge. For replacement wells only -distance and direction from old well to new well feet direction Must be • -.tnai signature 'S aie OPTIONAL INFO MATION Date 9/301 7 5. TRACT ON WHICH WELL WILL BE LOCATED A. LEGAL. DESCRIPTION (may be provided as an attachment): See Attached Exhibit A USGS map name DWR map no. Surface elev. B. STATE PARCEL ID# (optional): C. # acres In tract 15.316 D. Owner E. Will this be the only well on this tract? •ES 0 NO (if other wells are on this tract, see instructions) Office Use Only DIV CO WD BA USE(S) MD Forni GWS -45 (12/95) 0 DJ ma • A O m m N N v c Poo m g• a m (o m m8 o 00 O a(• o m m • • m z o D c D Q m m m m -� 000000 000000 • W KJ W N W W N W N W N W CO W (0 W (D W W (0 W (D W 0 W o 000000too Do00 o 888888838888 0 oPOOO000(3o00 V 00• O 0000 A 0 0 0 .A. ] (!( O O) O o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 o boo00000000 o 000�ob000000 0 O O O O O O O O O o 0 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 V V V V V-..1 V V V V O7 V J O O o 0 0 0 0 0 0 0 0 0 + • U1 (ll tD (ND -W+ O U1 -+ UI A U1 c a N N N CO + W N CO CO p 0 0 0 O o 0 0 O O op 0 • 000000000000 NJ 0 (0 0 (D 0 0 (0 0 (D 0 CO 0 0 0 0 0 0 co 0 0 op O 0 0 0 0 0 0 0 0 0 0 0 0 000000000000 p o 0 0 coop o o o o o 80 888 O p 07 O O O O O o 0 0 o 0 0 0 8888888.88888 0 0 0 0 0 0 0 o b o 0 0 N N N N N N N N N N N N O O O p 0 O o 0 o o o O A A 00) 0 W VI A COA( A m �^ r_ a m (0 f!1 N o+ -1 CI o Ti"; 0 O N 3 einaie3 asn JamM 0 co m 3 31n m N — N V 5 Cin O 5 NO - uiW 0 3 (n ci • m 3 01 0 0 (ll. ola °1 Prov o v m m v n rn m 7 oo 0 7 3 v "-3 n m o N m 3 -" 7 c o - 0 3 2 a m0. C n o 0. m 53 ce ▪ N • _ Cn p VO * 8 be U1 O N V m N O _. X V* 0 N W M O OI (n C al C/ n m 7 n COCD 7 N N N 0 0 3 m n m 3 m a N spuewaa law° 11) CCD c N CD N m CA 3 CD " rn a) CT x a• cp o C ea R92W R9 1 W RIFLE GAP STATE 1 RECREATION AREA •7. 8 *i 4 • 45 -LE 1 I 1 I6 �I , --t— -- j 105 ..� 36� I ----i100491_15T- 5_,p : 1 I +� 55 50 I '� JOE '] 1 CI I "1 , ,Y, hb I 107 • • , 14• I TL-:'138 1—I1r 61 145 1121 ° 8-, 0 146-7; _ t .126 ',------1 241 19 8 6400 '-- I 19 8452 -r_� •63 ' 1 1 L'Y -r- 147, 48 38 41;158142,1143 26 27,28 1 AREA A `,� 1 24I NEW CASTI ,a131 — 1111117/1 1122 10 • .441121011111110. • r-- 271 —144 560_ 19 I .34 1 24 I 36 Qd .4° 0 7200 ' 0 East 7200 1 • • DECLARATION OF COVENANTS THE ELW WILLS EXEMPTION (Garfield County, Colorado) THIS DECLARATION OF COVENANTS is made this day of , 1997, by ELW Land Company Inc., a Colorado Corporation (hereinafter "Declarant"), Owner of the property described below (hereinafter "ELW"); WITNESSETH: WHEREAS, Declarant is the sole owner of certain real property located in Garfield County, Colorado, described as Lots 1, 2, 3 and 4, Wills Exemption, final plat document dated , recorded as Reception No. of the Garfield County Clerk and Recorder; and WHEREAS, Well Permit No. , well herein designated as the House Well is to be the primary source of water for use on Lot 1 and Lot 1 is to be the sole owner and user of the House Well. WHEREAS, Well Permit No. , well herein designated as the Wills Well No. 2 (hereinafter "Well No, 2"), is contemplated to be the primary source of water used on Lots 2 and 3, and to be available for use by Lots 2 and 3 at their option, and access to and use of said well shall be confirmed across Lot 2 for the benefit of Lot 3. WHEREAS, Well permit No. , well herein designated as Wills Well No. 1 (hereinafter Well No. 1) will be the source of water for Lot No. 4. NOW, THEREFORE, Declarant hereby declares that the Wells shall be held, sold, and conveyed subject to the following restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability, and which shall run with, the Well and be binding on all parties having any right, title, or interest in the Well or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof. 1. Water Supply for Lot 1. The water supply for Lot 1 within the Subdivision is the House Well, operated pursuant to Well Permit No. , issued by the State Engineer. The owners of Lot I shall be the owner of Well No. 1 as it is permitted. The owner of Lot 1 shall also be the sole owner of the contract for water from the WDWCD to be used as augmentation water for water drawn from the House Well. Lot 1 shall be solely responsible to meet all obligations set forth on the well permit and the WDWCD contract pertaining to this lot. 2. Water Supply for Lot 4. The source of water for Lot 4 shall be Well No. 1, Well Permit N0, . The owner of Lot 4 shall be the sole owner of this well and its WILLS -Des of Covenants -1 -1- s • • working as well as Permit No. . No WDWCD contract is necessary for this lot. 3. Water Supply _for Lots 2 and 3. The source of water supply for Lots 2 and 3 is Well No, 2, operated pursuant to Well Permit No. , issued by the State Engineer, and pursuant to a contract with the West Divide Water Conservancy District. Well No, 2 diversions may not exceed 15 gallons per minute, and may be used only for household purposes for two residences per lot, fire protection, and for the irrigation of home gardens and lawns. A. Easements, Lot 3 and all tenants that lease Lot 3 shall have an easement over Lot 2, 20 feet in width up to and surrounding Well No. 2 and all pump houses, pipelines, storage tank and other workings, of the purpose of access to Well No. 2, as shown on the plat and the owner of Lot 3 shall have free and unrestricted access to Well No, 2, pump, common pipeline valves, and all workings shared in common located on Lot 2. In the event that Lot 2 decides to lock the gate/well house for security purposes, Lot 3 owners and tenants shall be immediately provided with a key and shall not be restricted from accessing the well/pump and workings. The easements shall be for the benefit of Lot 3 sufficient to give force to the provisions of this Declaration, including use of the easement for the maintenance, operation, repair, replacement and improvement of Well No. 2, pump, pipelines, storage tank, appurtenant facilities and water lines as shared in common between the two lots, as shown on the final plat of for facilities as located and/or as are in place. B. Ownersj, Well No. 2 and all its appurtenant facilities shall be owned by the Lot owners of Lots 2 and 3. Lot owners of Lots 2 and 3 shall own an undivided one- half (1/2) interest in Well No. 2 and its well permit, pump, and any appurtenant facilities to be used in common by both Lots. The permit shall be put in the name of the owner of Lot 2, as it may change from time to time, and such owner shall be responsible for subsequent assignments and amendments to reflect current ownership. The owner of Lot 2 shall be designated as the lot owner to receive all mail and documentation and shall promptly without delay provide copies to all other lot owners. C. Use, In-house use of the water from Well No. 2 shall take precedence over outside lawn and garden irrigation. In the event of shortage, lot owners shall cooperate and shall reduce their uses accordingly to conserve water in times when the Well may not produce adequate amounts, subject to the requirement of paragraph V to install storage. D. •.:•r .'. • u. ► -r.1 ,; 1 W-11 •n• ' ' • . -11 N The lot owners of Lots 2 and 3 shall be the joint owners, each owning an undivided one- half interest, in Well No. 2, its pumps, and any appurtenant facilities which are used or capable of use in common by the lots and the WDWCD contract. Each lot owner's interest shall be appurtenant to their lot, and may not be transferred apart from the lot. The two lot owners shall be solely responsible for the well, and to operate, maintain, repair, replace, and improve the Wells, pumps, and any other appurtenant facilities for their mutual benefit. WILLS -Dec ofCovenants•1 -2- • • E. Cost of Water Facilities for Lots 2 and 3. The owner(s) of Lots 2 and 3 shall be entitled to each use one-half of the water from Well No. 2. The withdrawal of water from Well No. 2 shall be for uses as permitted by the State. Each lot owner using Well No. 2 shall share the costs of maintenance, operation, electricity, repair, and replacement of the well, pumps, and appurtenant facilities and the costs of common water lines or other common water facilities, equally. However, if one lot is not hooked onto the well or is hooked on but has not yet commenced service, no electricity costs associated with the daily use of the well shall be assessed against such owner except for the costs of the WDWCD contract and any major repair and replacement costs or legal or permitting costs that may be incurred that will benefit said non -using lot owner. F. Other Expenses. The lot owners shall cooperate for the purpose of completing and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event that the pumping rate of the well becomes inadequate to meet the daily in-house demands of both lots, the lot owners shall purchase and install a storage tank of a mutually agreeable size, but in no event smaller than 1500 gallons, in a mutually agreeable location that can service both Lots 2 and 3. Should any lot owner install or improve the well, pump or pipeline, that lot owner shall be entitled to reimbursement of one-half of the expenses for items that will be used in common when the other lot owner either hooks on to the well or commences service and benefits from said improvements. In the event the lot owners are unable to agree upon any required maintenance, repair, replacement, or improvement, any lot owner shall be entitled to undertake the minimal work necessary and essential for proper functioning of the common facilities. In the event a lot owner determines to undertake such work, he shall first notify the other lot owners using that Well in writing, with a description of the work and the estimated cost thereof. The lot owner undertaking the work shall upon completion provide the other lot owners with a written statement of the work performed and the other lot owners' share of the costs. The other lot owner shall make payment as set forth in paragraph 3H, below. G. West Divide Water C_ons,eryanry District Contract. Declarant has entered into Water Allotment Contracts with the West Divide Water Conservancy District (hereinafter "the Contract") for water to augment depletions from Well No. 2. The Contract for the benefit of Lots 2 and 3 shall be assigned to the lot owners of Lots 2 and 3 and each shall be responsible for one-half all obligations under the Contract. Such obligations shall be deemed a common expense regardless of whether a lot owner is using Well No. 2. The Contract shall be assigned to the owner of Lots 2 and 3 pursuant to the terms of the Contract, as the owner may change from time to time, and such owners shall be responsible for subsequent assignments and amendments to reflect current ownership. The owner of Lot 2 shall be designated as the lot owner to receive all mail and documentation and shall promptly without delay provide copies to the owner of Lot No. 3. Payments due under the Contract shall be made as set forth in Paragraph G, below. H. Payment of Common Expense. Each of lot owners of Lots 2 and 3 shall WILLS -Pec of Covenants -1 -3- • • • pay its share of common expenses within 15 days from the time a written statement of expenses is presented for payment. In the event a lot owner fails to pay its share within 30 days of presentment, interest on the unpaid amount shall accrue at 18 percent per annum, beginning 30 days from presentment. In the event a lot owner fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, water service to the delinquent lot may be discontinued. However, notice shall first be given to the non-compliant owner by certified mail and 30 days notice of termination given. Further, the lot owner that has paid such costs and expenses shall be entitled to pursue any remedy . available at law or in equity for a breach of this Agreement, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. L Abandonment, In the event that the lot owner of Lot 3 decides to use another well or to drill a new well on his own lot for all or a portion of uses on his lot, he may abandon all or a portion of his claim to Well No. 2. In the event of such partial abandonment, the cost of maintenance, repair, replacement and operation shall be reduced accordingly. In the event of full abandonment of all claims and use of either or both of the Wells by the owners of the lots on which the subject Well does not sit, which abandonment must be in writing, signed and notarized by the then lot owner, this Declaration shall be voided and shall be of no further force of effect. J. la_e_of Water_ No Waste. Depending on the available supply of water, Lots 2 and 3 within the Subdivision are entitled to irrigate up to and no more than 2,500 square feet of lawns and gardens each. Domestic, in-house uses shall take precedence over irrigation use, and no outside use shall be allowed if any in-house domestic needs not met. The lot owners may in writing agree to restrictions on and schedules for lawn and garden irrigation. The Wells shall be used in accordance with the well permit and any lawful orders of the Water Commissioner, Division Engineer, or State Engineer. No lot owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. Lot owners of Lots 2 and 3 shall use no more than an equal proportionate share of water or 1/2 share each of the water physically available from Well No. 2. 4. Roadway riveway Easement. Lot 4 of the Subdivision is and shall be subject to perpetual and nonexclusive easement for a driveway and utility placement no less than 25' in width over and across Lot 4 as shown on the final plat for the benefit of Lots 2 and 3, including use for the maintenance, operation, repair, replacement and improvement of the driveway and installation of underground and above ground utilities. The lot owners of Lots 2 and 3 shall be solely responsible to install, maintain and repair said driveway and shall share equally in all expenses therefor, including but not limited to snowplowing, resurfacing and/or regraveling, and filling pot holes. In the event that one lot owner deems it necessary to install the driveway he may do so at his sole option and request reimbursement of one-half of the cost from the other lot owner. He shall be entitled to use the same procedures as set forth in paragraph 3H for the collection of monies spent and has the same remedies available except that access shall not be denied. Both lot owners shall be required to participate in the installation and WILLS -Dec of Covenants.I -4- maintenance of the driveway including snowplowing regardless of occupancy of the property. Nothing herein shall obligate any lot owner to pay the cost of paving the surface unless paving is required by the County. 5. 600 -foot Spacing. All lot owners herein waive their right to oppose the drilling or use of a new or existing well by any other lot owner on the basis that such well is within 600 feet of their Well. 6, Resubdivision, The lot owners of Lots 1, 2 and 3 agree that they will not object to the resubdivision of Lot 4 into additional lots. Lot 4 may be subdivided further by the owner either through exemption, subdivision or other split of land. 6, e, nrsto 1n. The terms and conditions herein set forth in this Agreement shall run with the property constituting the Subdivision, and shall bind the parties, his successors, and assigns. All parties claiming by, through, or under the parties shall be taken to hold, agree, and covenant with each owner of each lot in the Subdivision, their heirs, successors, or assigns, to conform to and observe said restrictions, but no restrictions herein set forth shall be personally binding on the parties or any other persons except in respect to breaches committed during his or their seisin of, or title to said land. 7. Enforcement of Agreement. This Agreement may be enforced by any lot owner or any governmental entity having jurisdiction over the matter, by an action for damages or for injunctive relief to restrain or mandate any action required by this Agreement. The prevailing party in such action shall be entitled to reasonable attorneys' fees and costs. 8. rnendment of Covenants. This Agreement may be sooner amended by the written consent of three of the four lot owners; provided, however, that no amendment shallbe effective until an instrument setting forth such amendment, signed and acknowledged by at least three of the four (4) lot owners, is recorded in the Office of the Garfield County Clerk and Recorder, 9. Severability. Should any provision of this Agreement be declared invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of any other provisions, which shall remain in full force and effect. 10. Enjoyment of the_Propexty. The lot owners shall be entitled to the quiet enjoyment of their property and shall respect the peace of the other party. Both parties agree to refrain from any activity that may constitute a nuisance to the other party. Entered into on the day and year first written above. WILLS -Dec of Covenant4g-1 ELW Land Company Inc., a Colorado Corp. By -5- • WILLS -lee of Covenants -1 • -6- Sheila Wills, President STATE OF COLORADO ) • COUNTY OF OARFIELD ) ss. Acknowledged, subscribed, and sworn to before me this day of 1997, by Sheila Wills, President, ELW Land Company Inc., a Colorado Corporation. WITNESS my hand and official seal. My Commission expires: • WILLS -Dec of Covenants • 1 • -7- Notary Public • ELW LAND COMPANY, INC. PETITION FOR EXEMPTION FIRE PROTECTION APPROVAL LETTER Applicant has repeatedly requested an approval letter from Sean Mello, Captain, Silt Fire Protection District, 311 Main Street, Silt, Colorado 81652. Although Mr. Mello has agreed during each conversation to provide such a letter, I have never received it. Applicant hereby requests that the County Commissioners request the letter. • • ELW LAND COMPANY, INC. PETITION FOR EXEMPTION DRAINAGE, IRRIGATION AND UTILITY EASEMENTS Applicant intends to enter into any needed drainage, irrigation and utility easements with the purchasers of the newly created lots prior to such purchase. The Sketch Map included in Section 1 of this petition shows the location of the proposed utility easements. Applicant is currently working to establish the best plan for the irrigation easements. • • Book 277 Page 322 Recorded at....1U5 o'clock F M. ' July 19 1954 Reception No..1.864.22 Q}asa...5...Xeegan. Recorder. THIS DEED, Made this eighteenth day of March in the year of our Lord one thousand nine hundred and Fifty—two between - - - - Roy Dodson and Le M. Cowden - - AS OM of the County of Garfield and State of Colorado, of the first part, and of the - — — — John H. Conto- County of Garfield Mb MD and State of Colorado, of the second part; WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of One Dollar and other good and valuable consideratTiOhun to the said part ies of the Bret part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and con- veyed, and by these presents do grant, bargain, sell, convey and confirm unto the said part y of the second part his heirs and assigns forever, all the following described lots or parcels of land, situate, lying and being in the County of Garfield State of Colorado, to -wit: The South,10.75 acres of Lot One (1); The Southeast Quarter of the Northeast Quarter (SE+ NES); The Northeast ,Quarter of the Southeast Quarter (NE/ SE+) of Section Four and (i), all in Township Six (6) South, Range Ninety-two (92) West of the Sixth Principal Meridian, together with all improvements situate thereon. Also sixty (60) shares of the capital stock of The Farmers' Irrigation Company with rights represented thereby Reserving to the grantors, their an uwddivided one half interest in all of other minerals and mineral rights in and land, with the right to prospect for and and use sufficient surface therefor. • successors and assign• the oil, gas, and under said described exploit the same, No. 832. WARRANTY DEED. -.The Bradford. BoDf°.vn Pte. Co. Mtn. Roblmon4lRstl Skinks. 18114 Bloat et, Denver. Colo. TOGETHER with all and singular the hereditaments anywise appertaining, and the reversion and reversions, profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said part les of the first part either in law or equity, of, in the hereditaments and appurtenances. Book 277 Page 323 and appurtenances thereunto belonging, or in remainder and remainders, rents, issues and and to the above bargained premises, with TO HAVE AND TO HOLD the said premises above bargained and described, with the appurte- - - John H. Conto names unto — — the said part y And the said - - - Roy Dodson and L. M. Cowden — — — - part ies of the first part, the ilheirs, executors and administrators, do covenant, grant, bargain and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever. for of the seeond part his heirs and assigns forever. them selves, and the above bargained premises in the quiet and peaceable possession of the said part y of the second part hi S heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part les of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said part les of the first part ha ve hereunto set the it hand s and seal s the day and year first above written. Signed, Sealed and Delivered in Presence of [SEAL] [SEAL] [SEAL] [SEAL] STATUTORY ACKNOWLEDGMENT. SESSION 1927 STATE OF COLORADO, County of Gax Cie ld. The foregoing instrument was acknowledged before me this -- 19 52 , liy" Witness my, hand and official seal. y'\� s"on4spires January 26, 1955 ill •• .R Axa ' •• 18th day of March Nota Public. ?ifttr nelur ,,gni of mirssotie here insert name or names; if by person acting in representative or official capacity o :. attorney- in-fnct.aiiiaj insert �a a ofAl& es executor. attorney-in-fact. or other capacity or description; if by officer of corporation, then insert name'otlf.offlcer or oftbrs,,>a the president or other officers of such corporation. naming it. Re40011ted at.' 30 094:100k...L..119 Reception Ne31329...... , . •or.:441141.44— , Tins DEED, Made this 0, 33.11t day of Marsh in the year of our Lord bne thousand nine hundred mid Si.rty—four between of theROBERT E. PRETTI and .DOtTilltY 0, tkRrrrT tyof - —7 —Garfield and State of Colorado, of the first part, and JOHN CONTO of the County of Garfield and State of Colorado, of the second part, ' . , • WITNESSETH, That the said partielsof the first part, for and in consideration of the sum of Ton Dollars and other good and Valuable consideration -ft - mum to tho said part ies of the first part in hand Pala by the said pair of the second part, the receipt whereof is hereby confessed and acknowledged,' have remised, Mused, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the said part 7 of the second part. his heirs, successors and assigns, forever, all the right, title, Interest, claim and demand which tho said part ies of the first part ha tre in and to the following described parcel of land situate, lying and being fifth° • County of GEtrfield and State of Colorado, to.wit: That part of the ShraWrii of Section 3 Township 6 South, Range 92 t West of the 6th Principal Meridian, lying waste4y of the wester1y right of way line of a county road as constructed and in place and east of the west line of said section 3, Garfield County, Colorado, desorited as follows: Beginning at a point on the West line of said seotion 3, whence the West corner of said section 3 (being the same as the f corner between sections 3 and 4, Township 6, South; Range 92 West of the 6th Principal Meridian) bears South 144.72 feet; thence North 1117,69 feet along the west line of said section 3 to a point on the westerly right of way line of said road; thence S. 26°19'30" E. 71.55 feet along said right of way line; thenoe S. 23°291 E. 208.29 feet along said right of way line; thence S. 14°351 E. 220.96 feet along said right of way line; thence S. 00°581 E. 190.27 feet along said right of way line; thence S. 21"48' W, 273051 feet along said right of way lino; thence S. 10°031 W. 211.02 feet along said right of way line; thence N. 85°12' W. 36.5 feet to a point on the west line of said section 3, the point of beginning. Tho above described traot of land contains 2.79 acres more or less. There is excepted from the above,deacribed land any and all interest to all oil, gas and other minerals in,upon or under the above descri land owned by the grantoilaherein. TO HAVE AND TO HOLD the same, together with all and singular the appurtances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part ies of the first part, either in law or equity, to the Only proper use, benefit and behoof of the said part Y of the second part, his heirs and assigns forever. IN WITNESS WHEREOF, Tho said part ies of the first part ha VO hereunto set their hand 3 and seal s the day and year first above written. .44e,.A.0.0 ye [SEAL] Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, County of Garfield • Qat .c& [SEAL] [SEAL] [SEAL] The foregoing instrument was acknowledged before me !hie .31.st day of March A. D. 10 64 ,t30 Robert E. Pretti and Dorothy 0. Pretti. , - Ittiomm146hcaphtt , 19 . Witness my hand and official seal. ,.0 tttttt .18,04 1. r I :6;4., Ars 1311. 11, 198/ .. , :14.,4,. . , . 0 ;+ •941 0%6 4U14 j!rii7,44 j Ve t reit Ski anoulni T. 1 it#1, - • ' • ''14 ' r , AokNotit meat/ 4 No. 933. , AAmimpieettmaci. 14 . 4 ELW LAND COMPANY, INC. PETITION FOR EXEMPTION PARCEL CONFIGURATION ON JANUARY 1, 1973 Attached are two deeds. One deed, dated March 18, 1952, from Roy Dodson and L.M. Cowden as grantors transfers ownership of all but 2.79 acres of the subject parcel to John H. Conto. The second deed, dated March 31, 1964, from Robert E. Pretti and Dorothy G. Pretti as grantors transfers the remaining 2.79 acres of the parcel to John Conto. Applicant purchased the property directly from Mr. Conto's estate. Applicant's deed evidencing this acquisition is included in Section 3 of this petition. s GARFIELD COUNTY TREASURER * P.O. BOX 1069 GLENWOOD SPRINGS, COLORADO 81602 * TAX YEAR 1996 * RECEIPT DATE 04/04/97 * TAX ROLL PAGE 0575 * * TAX RECEIPT NUMBER 1997013332 TRANS NUMBER 1720423 * HE S. 10.75 AC. OF LOT 1 ,SEN , NESE. IN SEC _, HAT PT OF TR. 248:25 (NET 2.79 C) WEST OF CO.RD231 BK 0277 PG 0322 C1 JNTC 1, JOHN H. 404 STAGECOACH LN CARBONDALE CO 81623-9562 SCHEDULE #: 200347 CHECK NUMBER: 52386-85 PAYER: *STEWART TITLE TOTAL ASSESSED: $13000 COpy * TAX YEAR 1996 * RECEIPT DATE 04/04/97 * TAX ROLL PAGE 0575 * * TAX RECEIPT NUMBER 199701332 TRANS NUMBER 172042 * YEAR TAX PAID INT/FEES TOTAL F'AID BALANCE DUE 199c. 2,55c..80 0.O(1 2,55c..80 0.00 TOTAL PAID .1,556.:=:u • •