HomeMy WebLinkAbout3.0 Conditions of Approval,.
#ARFIELD COUNT
Building and Planning
November 13, 1996
Norman & Virginia Hunt,
5597 County Road 233
Silt, CO 81652
RE: Subdivision Exemption Conditional Approval
Dear Norm & Virginia:
On Tuesday, November 12, the Garfield County Board of Commissioners conditionally approved
your petition for an exemption from the definition of subdivision. The conditions that are required
to be met, prior to or at time of final approval, are as follow:
I . That all representations of the applicant, either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the property,
dimension and area of the proposed lots, access to a public right-of-way, and any proposed
easements for setbacks, drainage, irrigation, access or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners for signature,
from the date of approval of the exemption. The Board may grant extensions of up to one
(1) year from the original date of approval.
4. That the applicant shall submit $200.00 in School Impact Fees, ($400.00 total) for the
creation of the exemption parcels, prior to authorization of an exemption plat.
5. That the following plat notes be included:
"The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate
modification to recognize the increased rate of fire spread at sloped sites. The methodology
described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural
Homeowners," (Colorado State Forest Service) shall be used to determine defensible space
requirements for the required defensible space within building envelopes in areas exceeding
five (5) percent grade."
"Upon adoption of road impact fees by the Board of County Commissioners, the lots created
by this exemption shall be subject to paying the fees, paid at time of building permit
application, paid by the building permit applicant."
109 8th Street, Suite 303
945-8212/285-7972 Glenwood Springs, Colorado 81601
• •
"Soil conditions on the site may require engineered septic systems and building foundations.
Site specific percolation tests at the time of building permit submittal shall determine specific
ISDS needs on the site."
"The individual lot owners shall be responsible for the control of noxious weeds."
"No further divisions by exemption from definition of subdivision will be allowed."
"The individual water supplies for the lots shown on this exemption plat are subject to West
Divide Water Allotment Contracts and, as such, it is a requirement of approval that these
contracts be maintained by the applicant and/or future lot owner(s) and not allowed to
expire."
That the recording fees for the exemption plat and all associated documents be paid to the
County Clerk and Recorder prior to the signing of an Exemption Plat by the Board of County
Commissioners and a copy of the receipt be provided to the Planning Department.
That the exemption plat submittal include a copy of a computer disk of the plat data,
formatted for use on the County Assessor's CAD system.
8. That all proposed lots shall comply with the Garfield County Zoning Resolution of 1978, as
amended, and any building shall comply with the 1994 Uniform Building Code, as adopted.
The applicant shall consult with Road and Bridge and receive any required driveway permits,
prior to final approval.
10. Prior to final approval, one (1) well shall be drilled and pump -tested for four (4) hours, with
an opinion of the well driller stating the flow should be sufficient for the intended use(s).
Additionally, the water shall be tested, by an independent laboratory, for nitrate/nitrite and
fecal coliform bacteria content. All information shall be submitted to the Planning
Department for review.
11. That the following provisions be included in the protective covenants governing the
exemption parcels:
No more than two (2) dogs will be allowed for each residential unit within an exemption and
the dog(s) shall be required to be confined within the owner's property boundaries, with
enforcement provisions allowing for the removal of a dog(s) from the area as a final remedy,
in worst cases.
No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1)
new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations
promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be
allowed an unrestricted number of natural gas burning stoves and appliances.
• •
All exterior lighting shall be the minimum amount necessary and that all exterior lighting be
directed inward, towards the interior of the subdivision, except that provisions may be made
to allow for safety lighting that goes beyond the property boundaries.
If you have any questions regarding these conditions, please do not hesitate to contact this office.
Sincerely,
�I G
Eric D. McCafferty
Garfield County Planner
Received from:
JOHN C 00PHART & CO.
GRA
435 NORTH AVENUE
[1-10
LA
0-1AT
PHONE 242-7618 ^ GRAND JUNCTION, COLORADO 81501
ANALYTICAL REPORT
Norm & Virginia Hunt
876-2894
5597 County Rd 233
Silt,CO 81652
PWSID# 3476 water
Customer No. Laboratory No Sample
1/9/97 1/16/97
Date Received Date Repoum
Sample 3476
Well Water 1/9/97, AM
Nitrate(N)
Nitrite(N)
4.81 moll
0.06 mg/1
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 for Nitrate is from 'Annual Book of ASTM Standards," '
D3867 -90B. Nitrate was analyzed 1/15/97; Nitrite 1/9/97.
Director: B. Bauer
J & M PUMP COMPANY
0241 COUNTY ROAD 167
GLENWOOD SPRINGS, CO 81601
(303) 945-6159
December 26, 1996
Norm Hunt
5597 Co Rd 233
Silt, Co. 81652
RE: Well Test 233 Rd.
Attn Norm,
A four hour well test was performed by J & M Pump Co. on property
listed above. The following results were obtained:
Well: 180'
Water Level: 1a.
Drawdown: 100'
Sustained Yeild: 15 GPM
Water Clarity: Clear
Recovery: 2' Within 30 minutes
This well was tested using the step test method. Pumping incriments
were 5, 10, 15 Gpm respectively. Pumping was changed only when water
clarity allowed.
If you have any questions, please call, 945-6159. Thank You.
J & Pump Co.
/did/
Richard A Holub
Lic. No. 1196
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December 27, 1996
Eric McCafferty, Land Use Planner
Building & Planning Department
109 8th Street, Suite 303
Glenwood Springs, Colorado 81601
Dear Eric,
Norm Hunt has consulted me regarding driveway permits for three lots that he is creating
by Subdivision Exemption on Jewell Lane (Road 259). Norm has explained that there will
be three driveways, one for each lot, off of Jewell Lane, directly into the West end of each
lot.
I have inspected the property and have determined that sight distances for all three
driveways will be adequate. Culverts will address the drainage requirements.
Since the house locations are not yet known, the exact location for each driveway is not yet
known. I prefer to issue the driveway permits to the lot buyers in order to have direct
contact and communication with the parties responsible for construction of the driveways.
Sincerely,
Marvin Stephens
Garfield Coun Road Foreman
Form No.
GWS -25
APPLICANT
OFFICE OF THE STE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
LIC
WELL PERMIT NUMBER 047525 - -
DIV. 5 CNTY. 23 WD 39 DES. BASIN MD
Lot: 3 Block:
NORMAN H & VIRGINIA E HUNT
5597 CR 233
SILT CO 81652-
(970) 876-2894
PERMIT TO CONSTRUCT A WELL
Filing: Subdiv: HUNT EXEMPTION
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1/4 SW 1/4 Section 34
Twp 5 S RANGE 92 W 6th P.M.
DISTANCES FROM SECTION LINES
1700 Ft. from South Section Line
660 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless
approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump
Installation Contractors in accordance with Rule 18.
Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the
Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the
well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan,
approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the
West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or
under an approved plan for augmentation. WDWCD contract #960531NVH#3(a).
4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family
dwelling, the irrigation of not more than 12,000 square feet (0.28 of an acre) of home gardens and lawns, and the
watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan
for augmentation is in effect.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The average annual of amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850
gallons).
7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records
of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division
Engineer upon request.
8) The well shall be constructed not more than 200 feet from the location specified on this permit.
9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court
case number(s) as app`opriate. The owner shall take necessary means and precautions to preserve these
markings.
D !-3&-96
APPROVED
JD2
OWN FP' rinPY
State Engineer
Receipt No. 0406362C
DATE ISSUED° CT 3 1 1996
By
E 0 CT 3 1 1997
EXPIRATION DATE
Form No.
GWS -25
APPLICANT
OFFICE OF THE Sir ENGINEER
COLORADO DIVISIO OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
LIC
WELL PERMIT NUMBER 047526
DIV. 5 CNTY. 23 WD 39 DES. BASIN MD
Lot: 2 Block:
NORMAN H & VIRGINIA E HUNT
5597 CR 233
SILT CO 81652-
(970) 876-2894
PERMIT TO CONSTRUCT A WELL
Filing:
Subdiv: HUNT EXEMPTION
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1/4 SW 1/4 Section 34
Twp 5 S RANGE 92 W 6th P.M.
DISTANCES FROM SECTION LINES
2200 Ft. from South Section Line
660 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless
approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump
Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the
Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the
well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan,
approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the
West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or
under an approved plan for augmentation. WDWCD contract #960531 NVH#2(a).
4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family
dwelling, the irrigation of not more than 12,000 square feet (0.28 of an acre) of home gardens and lawns, and the
watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan
for augmentation is in effect.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The average annual of amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850
gallons).
7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records
of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division
Engineer upon request.
8) The well shall be constructed not more than 200 feet from the location specified on this permit.
9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court
case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these
markings. f0 -36-4(a
APPROVED
JD2
•
OWNFFS
State Engineer
Receipt No. 0406362B
DATE ISSUED O CT 3 1 1996
By OCT 31 1997
EXPIRATION DATE
Form No.
GWS -25
APPLICANT
OFFICE OF THE SMITE ENGINEER
COLORADO DIVISIM OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
LIC
WELL PERM" NUMBER 04752.7 -
DIV. 5 CNTY. 23 WD 39 DES. BASIN MD
Lot: 1 Block: Filing: Subdiv: HUNT EXEMPTION
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1/4 SW 1/4 Section 34
Twp 5 S RANGE 92 W 6th P.M.
NORMAN H & VIRGINIA E HUNT
5597 CR 233
SILT CO 81652-
(970) 876-2894
PERMIT TO CONSTRUCT A WELL
DISTANCES FROM SECTION LINES
2630 Ft. from South Section Line
660 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDMONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless
approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump
Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the
Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the
well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan,
approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the
West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or
under an approved plan for augmentation. WDWCD contract #960531 NVH#1(a).
4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family
dwelling, the irrigation of not more than 12,000 square feet (0.28 of an acre) of home gardens and lawns, and the
watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan
for augmentation is in effect.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The average annual of amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850
gallons).
7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records
of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division
Engineer upon request.
8) The well shall be constructed not more than 200 feet from the location specified on this permit.
9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court
case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these
markings. 7O _
APPROVED
JD2
7/114
State Engineer
Receipt No. 0406362A
DATE ISSUED O C T 31 1996
ER'S COPY
By
EXPIRATION DATE
v OCT 31 1997
I Ad icA2 /94
ADJACENT PROPERTY OWNERS
199 Tommy L. & Bonnie L. Rust
0188 County Road 259
Rifle, Colorado 81650
123 Jack J. & Lisa E. Davis
0187 County Road 259 J o/3 i f !
Rifle, Colorado 81650
122 Dennis J. & Rebecca A. Brown
0313 County Road 259 / 0/02 306
Rifle, Colorado 81650
121 Jean M. Dice
P. O. Box 867
Silt, Colorado 81652
221 Ora Jane Urban
0284 County Road 259A /01-l�
Rifle, Colorado 81650
160 Greg D. Watkins
P. O. Box 2872
Glenwood Springs, Colorado
81602
161 Gregory D. & Teresa R. Watkins
0500 County Road 259
Rifle, Colorado 81650
10/.13/(,„
192 Ruth J. Elder
August G. Jewell
Leslie Warren Jewell / e// -37q
1531 County Road 259
Rifle, Colorado 81650
232 Franklin C. Ryden
4860 County Road 233 /CA,13(9
Rifle, Colorado 81650
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more
Beginning on the westerly line
Begir.ln road of said NW t/4 of the SW 1/4
bears N 00° 13#51'' iY 'whence the west 1/4 corner of within
fr'e't: thence N 79'30'33"E'.67 feet, thence N 61.54'3said Section 34
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lure of said NW 1/4 1326.06 feet along the soutJterl
1%n1 of the 1 of the SW 1/4 to the westerly line ofy
along said SW 1/ , hire being
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Road said NW
1llo. i:; # 259; thence
feel to the point ofJ Road, # 259 N 00'13'51"TY
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Contract # 960531NVH#3 (a )
Map ID # 22B
Date Activated UU 7/13/96
WEST DIVIDE WATER CONSERVANCY DISTRICT
Water Allotment Contract
�/ a
Name of Applicant: �71 2- l / P— fr!1�/f%/� � iLf771
Quantity of water in acre feet /3/7
Applicant, hereby applies to the West Divide Water
Conservancy District, a political subdivision of the State of
Colorado, organized pursuant to and existing by virtue of C.R.S.
1973, 37-45-101, et seq., (hereinafter referred to as the
"District") for an allotment contract to beneficially and
perpetually use water or water rights owned, leased, or hereafter
acquired by the District. By execution of this application, and
subsequent delivery and use of water, Applicant hereby agrees to
the following terms and conditions:
1. Water Rights: Applicant shall own water rights at
the point of diversion herein lawfully entitling Applicant to
divert water, which will be supplemented by water leased herein.
If Applicant intends to divert through a well, it must be
understood by Applicant that no right to divert exists until a
valid well permit is obtained from the State Engineer.
2. Quantity: Water applied for by the Applicant in
the amount set forth above shall be diverted at Applicant's point
of diversion from the District's direct flow water rights, and
when water is unavailable for diversion pursuant to administration
by the Colorado State Engineer during periods when said direct
flow water right is not in priority, the District shall release
for the use of Applicant up to said quantity in acre-feet per year
of storage water owned or controlled by the District. It is
understood that any quantity allotted from direct flow, storage or
otherwise, to the Applicant by the District will be limited by the
priority of the District's decrees and by the physical and legal
availability of water from District's sources. Any quantity
allotted will only be provided so long as water is available and
the Applicant fully complies with all of the terms and conditions
of this contract. The District and the Applicant recognize that
some of the District's decrees may be in the name of the Colorado
River Water Conservation District, and the ability of the District
to allot direct flow rights to the Applicant may be dependent on
the consent of the Colorado River Water Conservation District. If
at any time the Applicant determines it requires less water than
the amount herein provided, it may so notify the District in
writing, and the amount of water allotted under this contract
shall be reduced permanently in accordance with such notice.
Rates shall be adjusted accordingly in following water years only.
3. Beneficial Use and Location of Beneficial Use: Any
and all water allotted Applicant by the District shall be used for
the following beneficial use or uses: Municipal, domestic and
related uses, or irrigation and commercial (except to the extent
that Ruedi water may not be available for irrigation and
commercial as those terms are defined on page 5 of Contract No.
2-07-70-W0547 between the United States and the West Divide Water
Conservancy District). Applicant's beneficial use of any and all
water allotted shall be within or through facilities or upon land
owned, leased, operated, or under Applicant's control.
4. Decrees and Delivery: Exchange releases made by
the District out of storage from Ruedi Reservoir, or other works
or facilities of the District, or from other sources available to
the District, shall be delivered to the Applicant at the outlet
works of said storage facilities or at the decreed point of
-1-
• !
diversion for said other sources, and release or delivery of water
at such outlets or points shall constitute performance of the
District's total obligation. Delivery of water by the District
from Ruedi Reservoir shall be subject to the District's lease
contract with the United States Bureau of Reclamation. Releases
from other facilities available to District shall be subject to
the contracts, laws, rules, and regulations governing releases
therefrom. Furthermore, the District hereby expressly reserves
the right to store water and to make exchange releases from
structures that may be built or controlled by the District in the
future, so long as the water service to the Applicant pursuant to
this agreement, is not impaired by said action. Any quantity of
the Applicant's allocation not delivered to or used by Applicant
by the end of each water year (October 1), shall revert to the
water supplies of the District. Such reversion shall not entitle
Applicant to any refund of payment made for such water.
Water service provided by the District shall be limited
to the amount of water available in priority at the original point
of diversion of the District's applicable water right, and neither
the District, nor those entitled to utilize the District's
decrees, may call on any greater amount at new or alternate points
of diversion. The District shall request the Colorado State
Engineer to estimate any conveyance losses between the original
point and any alternate point, and such estimate shall be deducted
from this amount in each case. The District, or anyone using the
District's decrees, may call on any additional sources of supply
that may be available at an alternate point of diversion, (though
not at the original point of diversion) only as against water
rights which are junior to the date of application for the
alternate point of diversion.
5. Alternate Point of Diversion and Plan of
Augmentation: Decrees for alternate points of diversion of the
District's water rights or storage water may be required in order
for Applicant to use the water service contemplated hereunder.
Obtaining such decree is the exclusive responsibility of
Applicant. The District reserves the exclusive right to review
and approve any conditions which may be attached to judicial
approval of said alternate point of diversion as contemplated or
necessary to serve Applicant's facilities or lands. Applicant
acknowledges and agrees that it shall be solely responsible for
the procedures and legal and engineering costs necessary for any
changes in water rights contemplated herein, and further agrees to
indemnify the District from any costs or losses related thereto.
Applicant is solely responsible for providing works and facilities
necessary to obtain/divert the waters at said alternate point of
diversion and deliver them to Applicant's intended beneficial use.
Irrespective of the amount of water actually transferred to the
Applicant's point of diversion, the Applicant shall make annual
payments to the District based upon the amount of water allotted
under this agreement.
In the event the Applicant intends to apply for an
alternate point of diversion and to develop an augmentation plan
and institute legal proceedings for the approval of such
augmentation plan to allow the Applicant to utilize the water
allotted to Applicant hereunder, the Applicant shall give the
District written notice of such intent. In the event the
Applicant develops and adjudicates its own augmentation plan to
utilize the water allotted hereunder, Applicant shall not be
obligated to pay any amount under paragraph 18 below. In any
event, the District shall have the right to approve or disapprove
the Applicant's augmentation plan and the Applicant shall provide
the District copies of such plan and of all pleadings and other
papers filed with the water court in the adjudication thereof.
6. Contract 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 this application for consideration by the District.
-2-
• •
Annual payment Eor the water service described herein
shall be determined by the Board of Directors of the District at a
per acre-foot rate. The initial annual payment shall be made, in
full, within thirty (30) days after the date of notice to the
Applicant that the initial payment is due. Said notice will
advise the Applicant, among other things, of the water delivery
year to which the initial payment shall apply and the price which
is applicable to that year. Annual payments for each year
thereafter shall be due and payable by the Applicant on or before
each January 1. If an annual payment is not made by the due date,
written notice thereof will be sent by the District to the
Applicant at such address as may be designated by the Applicant in
writing. (If no address has been so designated in writing, then
said notice shall be sent to Applicant's address set forth herein.
Water use for any part of a water year shall require payment for
the entire water year. Nothing herein shall be construed so as to
prevent the District from adjusting the annual rate in its sole
discretion for future years only.
If payment is not made within ten (10) days after the
date of said written notice, Applicant shall at District's sole
option have no further right, title or interest under this
contract without Further notice and delivery may be immediately
curtailed; and the allotment of water, as herein made, may be
transferred, leased, or otherwise disposed of at the discretion of
the Board of Directors of the District.
7. Security: As security to the District, the
foregoing covenant of annual payments in advance of water
delivery, will be fully met by annual budget and appropriation of
funds from such sources of revenues as may be legally available to
the Applicant. As additional security to the District, the
Applicant will hold harmless the District and any person,
corporation, quasi -governmental entity, or other governmental
entity, for discontinuance in service due to the failure of the
Applicant to maintain the payments herein contemplated on a
current basis.
Applicant agrees to defray any out-of-pocket expenses
incurred by the District in connection with the allotment of water
rights hereunder, including, but not limited to, reimbursement of
legal and engineering costs incurred in connection with any water
rights and adjudication necessary to allow Applicant's use of such
allotted water rights.
8. Assignment: This agreement shall inure to the
benefit of the heirs, successors or assigns of the parties hereto,
except that no assignment shall be permitted in the event the
water right allotted hereunder is to be used for the benefit of
land which will be subdivided or otherwise held or owned in
separate ownership interests by two (2) or more users of the water
right allotted hereunder. In no event shall the owner of a
portion, but less than all, of the Applicant's property to be
served under this contract, have any rights hereunder. Any
assignment of the Applicant's rights under this contract shall be
subject to, and must comply with, such requirements as the
District may hereafter adopt regarding assignment of contract
rights and the assumption of contract obligations by assignees and
successors. Nothing herein shall prevent successors to a portion
of Applicant's property from applying to the District for
individual and separate allotment contracts.
9. Other Rules: Applicant shall be bound by the
provisions of the Water Conservancy Act of Colorado; by the rules
and regulations of the Board of Directors of the District; and all
amendments thereof and supplements thereto and by all other
applicable law.
10. Operation and Maintenance Agreement: Applicant
shall enter into an "Operation and Maintenance Agreement" with the
District under terms and conditions determined by the •Board of
Directors of the District, if and when, the Board of said District
-3-
• •
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.
12. Use and Place of Use: Applicant agrees to use the
water in the manner and on the property described in the documents
submitted to the District at the time this agreement is executed
(said documents are incorporated herein by this reference
thereto), or in any operation and maintenance agreement provided
by Applicant. Any use other than as set forth thereon or any
lease or sale of the water or water rights herein, other than as
permitted in paragraph 8 above, shall be deemed to be a material
breach of this agreement.
13. Title: It is understood and agreed that nothing
herein shall be interpreted to give 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 uses as
follows (unless specific waivers are appended to this agreement).
Violation of these restrictions shall be deemed to be a material
breach of this agreement.
Use Annual Maximum Diversion
Household
Domestic (includes lawn)
Livestock (cattle)
Irrigation
1/3 acre foot
1 - 3 acre feet
1 acre foot/100 head
2 - 3 acre feet/acre
16. Well Permit: If Applicant intends to divert
through a well, then Applicant must provide to District a copy of
Applicant's valid well permit before District is obligated to
deliver any water hereunder.
17. Representations: By executing this agreement,
Applicant agrees that he is not relying on any legal or
engineering advice that he may believe he has received from the
District. Applicant further acknowledges that he has obtained all
necessary legal and engineering advice from his own sources other
than the District. Applicant further acknowledges that the
District makes no guarantees, warranties, or assurances whatsoever
about the quantity or quality of water available pursuant to this
agreement. Should the District be unable to provide the water
contracted for herein, no damages may be assessed against the
District, nor may Applicant obtain a refund from the District.
18. Costs of Water Court Filing: Should the District,
in its own discretion, choose to include Applicant's contract
herein in a water court filing for alternate point of diversion
or plan of augmentation, then Applicant hereby agrees to pay to
the District, when assessed, an additional fee representing the
District's actual and reasonable costs and fees for Applicant's
share of the proceeding.
-4-
19. Binding Agreement: This Agreement shall not be
complete nor binding upon the District unless attached hereto is
the form entitled "Application for Purchase of Waters Erom the
West Divide Water Conservancy District" fully completed by
Applicant and approved by the District's engineer. Said
attachments shall by this reference thereto be incorporated into
the terms of this agreement.
20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE
APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN
ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS
CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN
THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING
FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING
STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE
WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE.
APPLICANT:
STATE OF COLORADO
Ss.
COUNTY OF GARFIELD
APPLICANT:
APPLICA
ADDRESS:
he forego • g instrument was ac nowledged be or me ory / L/
this 3) day of ! �{ , 191 by / QrrY)an N.l l4erf �/.�?q.(,slirk_2', r7��{
Witness my han and official seal.
My commission expires:
ORDER
After a hearing by the Board of Directors of the West
Divide Water Conservancy District on the above application, it is
hereby ORDERED that said application be granted and this contract
cha11 be and is accepted by the District.
ATTEST:
:. cretary i
WEST DIVIDE WATER
CONSERVANCY DISTRICT
By
President
Date
2-3,1 y'c.
This contract includes and is subject to the terms and
conditions of the following documents which must accompany this
contract:
1. Map showing location of point of diversion (use map
provided)
2. Application and Data Form fully completed and
signed
3. Other
-5-
Lot 2
A tract of land, contained in the NW 1/4 of the SW 1/4 of Section
34, Township 5 South, Range 92 West of the 6th P.M., more
particularly described as follows;
Beginning on the •westerly line of said NW 1/4 of the SW 1/4 within
County road # 259, whence the west 1/4 corner of said Section 34
bears N 00'13'51" W 753.82 feet, thence N 61'54'32"1•= 729.96
feet; thence S 87'30'13"E 686.05 feet to the easterly line of
said NW 1/4 of the SW 1/4; thence along said easterly line
S 00'03'04" W 357.32 feet; thence S 79'30'33" W 699.98 feet;
thence S 61'54'32" W 723.99 feet to the westerly line of said NW
1/4 of the SW 1/4, being within County Road # 259; thence
along said westerly line and County Road # 259 N 00'13'51" W
511.85 feet to the point of beginning, containing 14.42 acres, more
or less.
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Contract # 960531NVH#2 (a)
Map ID # 221
Date Activated 07 /23/96
WEST DIVIDE WATER CONSERVANCY DISTRICT
Name of Applicant:
Water Allotment Contract
411417-7 /4-9/n)Q 4 //MS -
Quantity
/, i
Quantity of water in acre feet 4:917e -
Applicant, hereby applies to the West Divide Water
Conservancy District, a political subdivision of the State of
Colorado, organized pursuant to and existing by virtue of C.R.S.
1973, 37-45-101, et seq., (hereinafter referred to as the
"District") for an allotment contract to beneficially and
perpetually use water or water rights owned, leased, or hereafter
acquired by the District. By execution of this application, and
subsequent delivery and use of water, Applicant hereby agrees to
the following terms and conditions:
1. Water Rights: Applicant shall own water rights at
the point of diversion herein lawfully entitling Applicant to
divert water, which will be supplemented by water leased herein.
If Applicant intends to divert through a well, it must be
understood by Applicant that no right to divert exists until a
valid well permit is obtained from the State Engineer.
2. Quantity: Water applied for by the Applicant in
the amount set forth above shall be diverted at Applicant's point
of diversion from the District's direct flow water rights, and
when water is unavailable for diversion pursuant to administration
by the Colorado State Engineer during periods when said direct
flow water right is not in priority, the District shall release
for the use of Applicant up to said quantity in acre-feet per year
of storage water owned or controlled by the District. It is
understood that any quantity allotted from direct flow, storage or
otherwise, to the Applicant by the District will be limited by the
priority of the District's decrees and by the physical and legal
availability of water from District's sources. Any quantity
allotted will only be provided so long as water is available and
the Applicant fully complies with all of the terms and conditions
of this contract. The District and the Applicant recognize that
some of the District's decrees may be in the name of the Colorado
River Water Conservation District, and the ability of the District
to allot direct flow rights to the Applicant may be dependent on
the consent of the Colorado River Water Conservation District. if
at any time the Applicant determines it requires less water than
the amount herein provided, it may so notify the District in
writing, and the amount of water allotted under this contract
shall be reduced permanently in accordance with such notice.
Rates shall be adjusted accordingly in following water years only.
3. Beneficial Use and Location of Beneficial Use: Any
and all water allotted Applicant by the District shall be used for
the following beneficial use or uses: Municipal, domestic and
related uses, or irrigation and commercial (except to the extent
that Ruedi water may not be available for irrigation and
commercial as those terms are defined on page 5 of Contract No.
2-07-70-W0547 between the United States and the West Divide Water
Conservancy District). Applicant's beneficial use of any and all
water allotted shall be within or through facilities or upon land
owned, leased, operated, or under Applicant's control.
4. Decrees and Delivery: Exchange releases made by
the District out of storage from Ruedi Reservoir, or other works
or facilities of the District, or from other sources available to
the District, shall be delivered to the Applicant at the outlet
works of said storage facilities or at the decreed point of
-1-
diversion for said other sources, and release or delivery of water
at such outlets or points shall constitute performance of the
District's total obligation. Delivery of water by the District
from Ruedi Reservoir shall be subject to the District's lease
contract with the United States Bureau of Reclamation. Releases
from other facilities available to District shall be subject to
the contracts, laws, rules, and regulations governing releases
therefrom. Furthermore, the District hereby expressly reserves
the right to store water and to make exchange releases Erom
structures that may be built or controlled by the District in the
future, so long as the water service to the Applicant pursuant to
this agreement, is not impaired by said action. Any quantity
of
the Applicant's allocation not delivered to or used by Applicant
by the end of each water year (October 1), shall revert to the
water supplies of the District. Such reversion shall not entitle
Applicant to any refund of payment made for such water.
Water service provided by the District shall be limited
to the amount of water available in priority at the original point
of diversion of the District's applicable water right, and neither
the District, nor those entitled to utilize the District's
decrees, may call on any greater amount at new or alternate points
of diversion. The District shall request the Colorado State
Engineer to estimate any conveyance losses between the original
point and any alternate point, and such estimate shall be deducted
from this amount in each case. The District, or anyone using the
District's decrees, may call on any additional sources of supply
that may be available at an alternate point of diversion, (though
not at the original point of diversion) only as against water
rights which are junior to the date of application for the
alternate point of diversion.
5. Alternate Point of Diversion and Plan of
Augmentation: Decrees for alternate points of diversion of the
District's water rights or storage water may be required in order
for Applicant to use the water service contemplated hereunder.
Obtaining such decree is the exclusive responsibility of
Applicant. The District reserves the exclusive right to review
and approve any conditions which may be attached to judicial
approval of said alternate point of diversion as contemplated or
necessary to serve Applicant's facilities or lands. Applicant
acknowledges and agrees that it shall be solely responsible for
the procedures and legal and engineering costs necessary for any
changes in water rights contemplated herein, and further agrees to
indemnify the District from any costs or losses related thereto.
Applicant is solely responsible for providing works and facilities
necessary to obtain/divert the waters at said alternate point of
diversion and deliver them to Applicant's intended beneficial use.
Irrespective of the amount of water actually transferred to the
Applicant's point of diversion, the Applicant shall make annual
payments to the District based upon the amount of water allotted
under this agreement.
In the event the Applicant intends to apply for an
alternate point of diversion and to develop an augmentation plan
and institute legal proceedings for the approval of such
augmentation plan to allow the Applicant to utilize the water
allotted to Applicant hereunder, the Applicant shall give the
District written notice of such intent. In the event the
Applicant develops and adjudicates its own augmentation plan to
utilize the water allotted hereunder, Applicant shall not be
obligated to pay any amount under paragraph 18 below. In any
event, the District shall have the right to approve or disapprove
the Applicant's augmentation plan and the Applicant shall provide
the District copies of such plan and of all pleadings and other
papers filed with the water court in the adjudication thereof.
6. Contract 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 this application for consideration by the District.
-2-
•
Annual payment for the water service described herein
shall be determined by the Board of Directors of the District at a
per acre-foot rate. The initial annual payment shall be made, in
full, within thirty (30) days after the date of notice to the
Applicant that the initial payment is due. Said notice will
advise the Applicant, among other things, of the water delivery
year to which the initial payment shall apply and the price which
is applicable to that year. Annual payments for each year
thereafter shall be due and payable by the Applicant on or before
each January 1. If an annual payment is not made by the due date,
written notice thereof will be sent by the District to the
Applicant at such address as may be designated by the Applicant in
writing. (If no address has been so designated in writing, then
said notice shall be sent to Applicant's address set Forth herein.
Water use for any part of a water year shall require payment for
the entire water year. Nothing herein shall be construed so as to
prevent the District from adjusting the annual rate in its sole
discretion for Future years only.
If payment is not made within ten (10) days after the
date of said written notice, Applicant shall at District's sole
option have no further right, title or interest under this
contract without further notice and delivery may be immediately
curtailed; and the allotment of water, as herein made, may be
transferred, leased, or otherwise disposed of at the discretion of
the Board of Directors of the District.
7. Security: As security to the District, the
foregoing covenant of annual payments in advance of water
delivery, will be fully met by annual budget and appropriation of
funds from such sources of revenues as may be legally available to
the Applicant. As additional security to the District, the
Applicant will hold harmless the District and any person,
corporation, quasi -governmental entity, or other governmental
entity, for discontinuance in service due to the herein contemplated failure ed of
on the
Applicant to maintain the payments
current basis.
Applicant agrees to defray any out-of-pocket expenses
incurred by the District in connection with the allotment of water
rights hereunder, including, but not limited to, reimbursement of
legal and engineering costs incurred in connection with any water
rights and adjudication necessary to allow Applicant's use of such
allotted water rights.
8. Assignment: This agreement shall inure to the
benefit of the heirs, successors or assigns of the parties hereto,
except
right allottedg hereunder nment shall
is bepermitted
pbemdn the the event
that no used forthe benefit
waterof
land which will be subdivided or otherwise held or owned in
separate ownership interests by two (2) or more users of the water
riht vent
portion 1 but ele sd e thand all, of the er. In no eApplicant shall owner the f
Applicant's property to be
served under this contract, have any rights hereunder. Any
assignment of the Applicant's rights under this contract shall be
subject to, and must comply with, such requirements as the
District may hereafter adopt regarding assignment of contract
rights and the assumption of contract obligations by assignees and
successors. Nothing herein shall prevent successors to a portion
of Applicant's property from applying to the District for
individual and separate allotment contracts.
9. Other Rules: Applicant shall be bound by the
provisions of the Water Conservancy Act of Colorado; by the rules
and of
rs of
amendments therof eofha d asupplementsotheretoeallnds by all and
allother
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
-3-
• •
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.
12. Use and Place of Use: Applicant agrees to use the
water in the manner and on the property described in the documents
submitted to the District at the time this agreement is executed
(said documents are incorporated herein by this reference
thereto), or in any operation and maintenance agreement provided
by Applicant. Any use other than as set forth thereon or any
lease or sale of the water or water rights herein, other than as
permitted in paragraph 8 above, shall be deemed to be a material
breach of this agreement.
13. Title: It is understood and agreed that nothing
herein shall be interpreted to give 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 uses as
follows (unless specific waivers are appended to this agreement).
Violation of these restrictions shall be deemed to be a material
breach of this agreement.
Use Annual Maximum Diversion
Household
Domestic (includes lawn)
Livestock (cattle)
Irrigation
1/3 acre foot
1 - 3 acre feet
1 acre foot/100 head
2 - 3 acre feet/acre
16. Well Permit: If Applicant intends to divert
through a well, then Applicant must provide to District a copy of
Applicant's valid well permit before District is obligated to
deliver any water hereunder.
17. Representations: By executing this agreement,
Applicant agrees that he is not relying on any legal or
engineering advice that he may believe he has received from the
District. Applicant further acknowledges that he has obtained all
necessary legal and engineering advice from his own sources other
than the District. Applicant further acknowledges that the
District makes no guarantees, warranties, or assurances whatsoever
about the quantity or quality of water available pursuant to this
agreement. Should the District be unable to provide the water
contracted for herein, no damages may be assessed against the
District, nor may Applicant obtain a refund from the District.
18. Costs of Water Court Filing: Should the District,
in its own discretion, choose to include Applicant's contract
herein in a water court filing for alternate point of diversion
or plan of augmentation, then Applicant hereby agrees to pay to
the District, when assessed, an additional fee representing the
District's actual and reasonable costs and fees for Applicant's
share of the proceeding.
-4-
19. Binding Agreement: This Agreement shall not be
complete nor binding upon the District unless attached hereto is
the form entitled "Application for Purchase of Waters from the
West Divide Water Conservancy District" fully completed by
Applicant and approved by the District's engineer. Said
attachments shall by this reference thereto be incorporated into
the terms of this agreement.
20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE
APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN
ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS
CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN
THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING
FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING
STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE
WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE.
/
APPLICANT: APLICANT:
0 77
STATE OF COLORADO
COUNTY OF GARFIELD
ss.
APPLICAN ADDRESS:
V./1 4�.
Tkr%( he foregoing instrument was a nowledged b�/forej me o %
�
this � day of—pl-kr , 19by /Or/YV ��,/ILIa7(1.11('.��4/(/7'1-(-yrwig•I
Witness my hand and official seal.
My commission expires:
After a hearing by the Board of Directors of the West
Divide Water Conservancy District on the above application, it is
hereby ORDERED that said application be granted and this contract
shall be and is accepted by the District.
WEST DIVIDE WATER
CONSERVANCY DISTRICT
By
r'TT ST:
Secretary// Y1
President
z3,lfT(
Date
This contract includes and is subject to the terms and
conditions of the following documents which must accompany this
contract:
1. Map showing location of point of diversion (use map
provided)
2. Application and Data Form fully completed and
signed
3. Other
-5-
1 tract of land, contained in the NW 1/4 of the SW 1/4 of Section
.l•l. Township .5 South, Range 92 West of the 61h P.M., vnore
I)arlir.)t.larty described as follows;
Beginning at the West 1/4 Corner of said Section 34, thence along
the northerly line of said NW 1/4 of the SW 1/I S 8730'13"E
1334.01 feet; thence along the easterly line of said NW 1/4 of the
sW 1/4 .S' 00'03'01" fl' 381.87 feet.; thence N 8730'13" lV 686.05
feel; thence S 61'54'32" W 729.96 feet to the westerly tine of
`aid 1VW 1/4 of the SW 1/4, being within County Road. # 259; thence
along said westerly/ line and CwU,nt y Road # 25.9 N 00'13'51" W
7:3:i.82 fret to the poi ►)l. of beginning, containing 14.43 acres, nt.ore
r less.
Lot 1
A tract of land, contained in the NW 1/4 of the SW 1/4 of Section
34, Township 5 South, Range 92 West of the 6th P.M., more
particularly described as follows;
Beginning at the West 1/4 Corner of said Section 34, thence along
the northerly lime of said NW 1/4 of the SW 1/4 S 8730'13"E
1334.01 feet; thence along the easterly line of said NW 1/4 of the
SW 1/4 S 00'03'04"W 381.87 feet: thence N 8730'13"W 686.05
feet; thence S 61'54'32" W 729.96 feet to the westerly line of
said NW 1/4 of the SW 1/4, being within County Road # 259; thence
along said 'westerly line and County Road # 259 N 00'13'51" lV
753.82 feet to the point of beginning, containing 14.4; acres, more
or less.
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Contract O 960531NVR#1 (a )
Map ID # 226
Date Activated 01/23/96
WEST DIVIDE WATER CONSERVANCY DISTRICT
Name of Applicant:
Water Allotment Contract
1/7/"In / �7' L'/�' />112 14,-A7
-A77
Quantity of water in acre feet
One -
Applicant, hereby applies to the West Divide Water
Conservancy District, a political subdivision of the State of
Colorado, organized pursuant to and existing by virtue of C.R.S.
1973, 37-45-101, et seq., (hereinafter referred to as the
"District") for an allotment contract to beneficially and
perpetually use water or water rights owned, leased, or hereafter
acquired by the District. By execution of this application, and
subsequent delivery and use of water, Applicant hereby agrees to
the following terms and conditions:
1. Water Rights: Applicant shall own water rights at
the point of diversion herein lawfully entitling Applicant to
divert water, which will be supplemented by water leased herein.
If Applicant intends to divert through a well, it must 6e
understood by Applicant that no right to divert exists until a
valid well permit is obtained from the State Engineer.
2. Quantity: Water applied for by the Applicant in
the amount set forth above shall be diverted at Applicant's point
of diversion from the District's direct flow water rights, and
when water is unavailable for diversion pursuant to administration
by the Colorado State Engineer during periods when said direct
flow water right is not in priority, the District shall release
for the use of Applicant up to said quantity in acre-feet per year
of storage water owned or controlled by the District. It is
understood that any quantity allotted from direct flow, storage or
otherwise, to the Applicant by the District will be limited by the
priority of the District's decrees and by the physical and legal
availability of water from District's sources. Any quantity
allotted will only be provided so long as water is available and
the Applicant fully complies with all of the terms and conditions
of this contract. The District and the Applicant recognize that
some of the District's decrees may be in the name of the Colorado
River Water Conservation District, and the ability of the District
to allot direct flow rights to the Applicant may be dependent on
the consent of the Colorado River Water Conservation District. If
at any time the Applicant determines it requires less water than
the amount herein provided, it may so notify the District in
writing, and the amount of water allotted under this contract
shall be reduced permanently in accordance with such notice.
Rates shall be adjusted accordingly in following water years only.
3. Beneficial Use and Location of Beneficial Use: Any
and all water allotted Applicant by the District shall be used for
the following beneficial use or uses: Municipal, domestic and
related uses, or irrigation and commercial (except to the extent
that Ruedi water may not be available for irrigation and
commercial as those terms are defined on page 5 of Contract No.
2-07-70-W0547 between the United States and the West Divide Water
Conservancy District). Applicant's beneficial use of any and all
water allotted shall be within or through facilities or upon land
owned, leased, operated, or under Applicant's control.
4. Decrees and Delivery: Exchange releases made by
the District out of storage from Ruedi Reservoir, or other works
or facilities of the District, or from other sources available to
the District, shall be delivered to the Applicant at the outlet
works of said storage facilities or at the decreed point of
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r,
•
• •
diversion for said other sources, and release or delivery of water
at such outlets or points shall constitute performance of the
District's total obligation. Delivery of water by the District
from Ruedi Reservoir shall be subject to the District's lease
contract with the United States Bureau of Reclamation. Releases
from other facilities available to District shall be subject to
the contracts, laws, rules, and regulations governing releases
therefrom. Furthermore, the District hereby expressly reserves
the right to store water and to make exchange releases from
structures that may be built or controlled by the District in the
future, so long as the water service to the Applicant pursuant to
this agreement, is not impaired by said action. Any quantity of
the Applicant's allocation not delivered to or used by Applicant
by the end of each water year (October 1), shall revert to the
water supplies of the District. Such reversion shall not entitle
Applicant to any refund of payment made for such water.
Water service provided by the District shall be limited
to the amount of water available in priority at the original point
of diversion of the District's applicable water right, and neither
the District, nor those entitled to utilize the District's
decrees, may call on any greater amount at new or alternate points
of diversion. The District shall request the Colorado State
Engineer to estimate any conveyance losses between the original
point and any alternate point, and such estimate shall be deducted
from this amount in each case. The District, or anyone using the
District's decrees, may call on any additional sources of supply
that may be available at an alternate point of diversion, (though
not at the original point of diversion) only as against water
rights which are junior to the date of application for the
alternate point of diversion.
5. Alternate Point of Diversion and Plan of
Augmentation: Decrees for alternate points of diversion of the
District's water rights or storage water may be required in order
for Applicant to use the water service contemplated hereunder.
Obtaining such decree is the exclusive responsibility of
Applicant. The District reserves the exclusive right to review
and approve any conditions which may be attached to judicial
approval of said alternate point of diversion as contemplated or
necessary to serve Applicant's facilities or lands. Applicant
acknowledges and agrees that it shall be solely responsible for
the procedures and legal and engineering costs necessary for any
changes in water rights contemplated herein, and further agrees to
indemnify the District from any costs or losses related thereto.
Applicant is solely responsible for providing works and facilities
necessary to obtain/divert the waters at said alternate point of
diversion and deliver them to Applicant's intended beneficial use.
Irrespective of the amount of water actually transferred to the
Applicant's point of diversion, the Applicant shall make annual
payments to the District based upon the amount of water allotted
under this agreement.
In the event the Applicant intends to apply for an
alternate point of diversion and to develop an augmentation plan
and institute legal proceedings for the approval of such
augmentation plan to allow the Applicant to utilize the water
allotted to Applicant hereunder, the Applicant shall give the
District written notice of such intent. In the event the
Applicant develops and adjudicates its own augmentation plan to
utilize the water allotted hereunder, Applicant shall not be
obligated to pay any amount under paragraph 18 below. In any
event, the District shall have the right to approve or disapprove
the Applicant's augmentation plan and the Applicant shall provide
the District copies of such plan and of all pleadings and other
papers filed with the water court in the adjudication thereof.
6. Contract 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 this application for consideration by the District.
-2-
• •
Annual payment for the water service described herein
shall be determined by the Board of Directors of the District at a
per acre-foot rate. The initial annual payment shall be made, in
full, within thirty (30) days after the date of notice to the
Applicant that the initial payment is due. Said notice will
advise the Applicant, among other things, of the water delivery
year to which the initial payment shall apply and the price which
is applicable to that year. Annual payments for each year
thereafter shall be due and payable by the Applicant on or before
each January 1. If an annual payment is not made by the due date,
written notice thereof will be sent by the District to the
Applicant at such address as may be designated by the Applicant in
writing. (If no address has been so designated in writing, then
said notice shall be sent to Applicant's address set forth herein.
Water use for any part of a water year shall require payment for
the entire water year. Nothing herein shall be construed so as to
prevent the District from adjusting the annual rate in its sole
discretion for future years only.
If payment is not made within ten (10) days after the
date of said written notice, Applicant shall at District's sole
option have no further right, title or interest under this
contract without further notice and delivery may be immediately
curtailed; and the allotment of water, as herein made, may be
transferred, leased, or otherwise disposed of at the discretion of
the Board of Directors of the District.
7. Security: As security to the District, the
foregoing covenant of annual payments in advance of water
delivery, will be fully met by annual budget and appropriation of
funds from such sources of revenues as may be legally available to
the Applicant. As additional security to the District, the
Applicant will hold harmless the District and any person,
corporation, quasi -governmental entity, or other governmental
entity, for discontinuance in service due to the failure of the
Applicant to maintain the payments herein contemplated on a
current basis.
Applicant agrees to defray any out-of-pocket expenses
incurred by the District in connection with the allotment of water
rights hereunder, including, but not limited to, reimbursement of
legal and engineering costs incurred in connection with any water
rights and adjudication necessary to allow Applicant's use of such
allotted water rights.
8. Assignment: This agreement shall inure to the
benefit of the heirs, successors or assigns of the parties hereto,
except that no assignment shall be permitted in the event the
water right allotted hereunder is to be used for the benefit of
land which will be subdivided or otherwise held or owned in
separate ownership interests by two (2) or more users of the water
right allotted hereunder. In no event shall the owner of a
portion, but less than all, of the Applicant's property to be
served under this contract, have any rights hereunder. Any
assignment of the Applicant's rights under this contract shall be
subject to, and must comply with, such requirements as the
District may hereafter adopt regarding assignment of contract
rights and the assumption of contract obligations by assignees and
successors. Nothing herein shall prevent successors to a portion
of Applicant's property from applying to the District for
individual and separate allotment contracts.
9. Other Rules: Applicant shall be bound by the
provisions of the Water Conservancy Act of Colorado; by the rules
and regulations of the Board of Directors of the District; and all
amendments thereof and supplements thereto and by all other
applicable law.
10. Operation and Maintenance Agreement: Applicant
shall enter into an "Operation and Maintenance Agreement" with the
District under terms and conditions determined by the Board of
Directors of the District, if and when, the Board of said District
-3-
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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.
12. Use and Place of Use: Applicant agrees to use the
water in the manner and on the property described in the documents
submitted to the District at the time this agreement is executed
(said documents are incorporated herein by this reference
thereto), or in any operation and maintenance agreement provided
by Applicant. Any use other than as set forth thereon or any
lease or sale of the water or water rights herein, other than as
permitted in paragraph 8 above, shall be deemed to be a material
breach of this agreement.
13. Title: It is understood and agreed that nothing
herein shall be interpreted to give 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 Eor use of
District owned or controlled water or water rights.
15. Restrictions: Applicant shall restrict uses as
follows (unless specific waivers are appended to this agreement).
Violation of these restrictions shall be deemed to be a material
breach of this agreement.
Use Annual Maximum Diversion
Household
Domestic (includes lawn)
Livestock (cattle)
Irrigation
1/3 acre foot
1 - 3 acre feet
1 acre foot/100 head
2 - 3 acre feet/acre
16. Well Permit: If Applicant intends to divert
through a well, then Applicant must provide to District a copy of
Applicant's valid well permit before District is obligated to
deliver any water hereunder.
17. Representations: By executing this agreement,
Applicant agrees that he is not relying on any legal or
engineering advice that he may believe he has received from the
District. Applicant further acknowledges that he has obtained all
necessary legal and engineering advice from his own sources other
than the District. Applicant further acknowledges that the
District makes no guarantees, warranties, or assurances whatsoever
about the quantity or quality of water available pursuant to this
agreement. Should the District be unable to provide the water
contracted for herein, no damages may be assessed against the
District, nor may Applicant obtain a refund from the District.
18. Costs of Water Court Filing: Should the District,
in its own discretion, choose to include Applicant's contract
herein in a water court filing for alternate point of diversion
or plan of augmentation, then Applicant hereby agrees to pay to
the District, when assessed, an additional fee representing the
District's actual and reasonable costs and fees for Applicant's
share of the proceeding.
-4-
19. Binding Agreement: This Agreement shall not be
complete nor binding upon the District unless attached hereto is
the form entitled "Application for Purchase of Waters from the
West Divide Water Conservancy District" fully completed by
Applicant and approved by the District's engineer. Said
attachments shall by this reference thereto be incorporated into
the terms of this agreement.
20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE
APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN
ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS
CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN
THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING
FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING
STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE
WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT/ WASTE.
APPLICANT:✓ APP ICANT:
/
STATE OF COLORADO
ss.
COUNTY OF GARFIELD
APPLItAINT ADDRESS:
2/3
The foregoing instrument was ac p(�owledged b�jfore me 0p u. -//IL* -*/
this 75(51 day of `%l{'� , 1131. by i�14,1/Vklir) K. (1�t�•L,G9�L-�'t/�',
Witness my hand and official seal.
My commission expires:
ORDER
After a hearing by the Board of Directors of the West
Divide Water Conservancy District on the above application, it is
hereby ORDERED that said application be granted and this contract
shall be and is accepted by the District.
ATTEST:
WEST DIVIDE WATER
CONSERVANCY DISTRICT
President
By
Secretary( `�.t) Date
This contract includes and is subject to the terms and
conditions of the following documents which must accompany this
contract:
Cfrt„,
.13,19 If,
1. Map showing location of point of diversion (use map
provided)
2. Application and Data Form fully completed and
signed
3. Other
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