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HomeMy WebLinkAbout1.0 ApplicationBEFOI'THE BOARD OF COUNTY COMMIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned J. R. Hunt respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 113.7 acre tract of land into 7 tracts of approximately 16.15 acres each, more or less, from the definitions 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: See under H below SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information. A. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; B. Vicinity map at a minimum scale of 1"-2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and 574/5- E. Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $100.00 fee must be submitted with the application. Petitioner -J. R. Hunt 14913 Highway 82 Mailing Adress Carbondale Colorado 81623 City State 963-2962 Telephone Number • Exemption subdivision, J. R. Hunt, 9-5-89 A. Attached is a sketch map drawn from the Scarrow &Walker, Inc., survey map, dated 1974. The yellow lines indicate the proposed division lines creating individual Tots. The approximately 113 acres are divided into seven Tots, with an average size of 16+ acres. • • Exemption subdivision, J. R. Hunt, 9-5-89 B. Attached is a copy of a topographic map showing the topographic and geographic relation of the proposed exemption to the surrounding area. • • Figure No. 1 Location Map Hunt Subdivision w-► - — — : ,0, . • 2.0 Hunt Subdivision �- b!' 7�. �\ 601 Rd :i , lio? Parcels .,26, . Subdivision j 6758 a -Scale: nig 2000 - ENARTECH • • Exemption subdivision, J. R. Hunt, 9-5-89 C. Attached are copies of deeds pertaining to property ownership. My wife and I have owned this property since 1965. J - 1,100 On3X • F,. ook 371 Page 298 Recorded at 9._.4.0 o'clock.....A...M., ....hr.O.v erlb.er....23.,..19.6 5 Reception No_2324? Chas. S.KeeLan; Recorder THIS DEED, Made this between J''1'1t day of November ,1965 JOHN G. O'BRIEN of the County of P 1. tkin and State of Colorado, of the first part, and J . R .. HUNT of the County of Garfield and State of Colorado, of the second part: A JO:) Otl3X WITNESSETH, That the said party of the first part, for and in consideration of the sum of TEN 01 0.00) DOLLARS, to the said part y of the first part in hand paid by said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these presents do e S grant, bargain, sell, convey and confirm, unto the said part y of the second part, hlSheirs and assigns for- ever, all the following described lot or parcel of land, situate, lying and being in the County of Gerrie l d-und State of Colorado, to -wit: Lot 9 of section 10, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, excepting therefrom a right—of—way to Public Service Company of Colorado described in Documents Nos. 215571 and 215572, a county road as constructed and in place and described in Documents No. 181979 and also a county road described in Document No. 95884. Also, Lot 6 and the NE4SW14 of section 11, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, excepting•therefrom the county road as described in Document No. 181979 and those parcels described in Document Nos. 201415 and 204980. Containg 118.40 acres, more or less. Subject to any and all easements of record. TOGETHER with all and singular the •hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second parth i S heirs and assigns forever. And the said part y of the first part, for him eel f higseirs, executors, and administrators, do es covenant, grant, bargain, and agree to and with the said party of the second part iS heirs and assigns, that at the time of the ensealing and delivery of these presents, he is 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 S good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind naturesoever. except taxes for 1965 due in 1966; except an undivided interest in all oil, gas and other mineral rights, as reserved by Charles W. Carneal and Lucille Bayol Carneal in the deed recorded September 17, 1963 in Book 353 at page 41 of the records for Gar f ield County, and any and all assignments thereof or interest therein. and the above bargained promises in the quiet and peaceable possession of the said part y of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part y of the first part haS hereunto sethiS band and seal the day and year first above written. STATE OF COLORADO S.%,,,t'�tl't�/t,,,, County of Is& Pitkin • \,1 i/(l •.••"1^.:d•fDtt ruing instrument was acknowledged before me this (• .)`:1 coalni�_t,io.t expires -, I�;r: 4? t. . John G. O'Brien PC "7C 7, • /r ...(SEAL) _.(SEAL) (SEAL) day of ,19 . . Witness my h5lnd and official sea • yt Notary Public. No. 932. WAAitANTY DEED. -For Phatagraohlt Reeetd.—Dradford•lobluen Printing Company, WWI Stout Street. Deaver. Co;orwlo EXHIBIT F -- Petition of J. RICHARD HUNT Exemption subdivision, J. R. Hunt, 9-5-89 D. Names and addresses of owners of record of land immediately joining and within 200 feet of the proposed exemption. 013 White, Judy J. Attn. Floyd and Beverly White 4995 E. Ashton Avenue Castle Rock, Colorado 80104 006 Whipple, George Stephenson 3313 Co. Rd. 113 Carbondale, Colorado 81623 005 Lenoble, William P. 45342 Carmel Valley Road Greenfield, California 93927 208 Jessup, John S. and Patti Jo 3023 Co. Rd. 112 Carbondale, Colorado 81623 237 Beerman, Lizabeth R. 1609 Defiance Drive Carbondale, Colorado 81623 260 Haleblian, Cheryl Thompson c/o G. Newton 2368 Co. Rd. 112 Carbondale, Colorado 81623 258 Carbondale Land Development Co. Attn. Bruce Kistler 840 S. Adams Street Denver, Colorado 80209 235 Gamble, Mia M. and Jerry L. PO Box 1181 Carbondale, Colorado 81623 217 Johnson, Edward and Janell L. 0055 Co. Rd. 112 Carbondale, Colorado 81623 951 Bureau of Land Management 50629 Hwy 6 & 24 Glenwood Spring, Colorado 81601 023 Malone, Rylin and Weil Gunter 3803 West Fourth Street Hattiesburg, Mississippi 39407 024 Douglas, Stephen A. Box 8338 Aspen, Colorado 81612 025 Stirling, John Marshall 0704 Skipper Drive Carbondale, Colorado 81623 001 Pierce, Susan Diane 0033 Cactus Flats Road Carbondale, Colorado 81623 004 Arnold, James D. 0739 Cactus Flats Road Carbondale, Colorado 81623 • • Exemption subdivision, J. R. Hunt, 9-5-89 E. Attached is evidence of soil types and characteristics of each type obtained from the soil conservation service. 2 P" N ., 'itA )_J a unif,:. : '• .. li 3 i: .,. A ' • 1.. ... vt- 1- 1r 1 00 I "TIC sce • • 4/86 35--Empedrado loam, 6 to 12 peroent slopes. This deep, well drained u"pLp�1kJ- soil is on tees\ fans, and1hills. It formed in alluvium and eolian materials. Elevation is 6,500 to 9,000 feet. The average annual precipitation is about 15 to 18 inches, the average annual air temperature is 40 to 44 degrees F, and the average frost -free season is 75 to 95 days. Typically, the surface layer is brown loam 5 inches thick. The subsoil is clay loam about 35 inches thick. The substratum to a depth of 60 inches is clay loam. The soil is noncalcareous to a depth of 38 inches and calcareous below that depth. Included in this unit are small areas of similar soils with darker, thicker surface layers. Also included are small areas of similar soils with silt loam and silty clay loam textures throughout the profiles. Included areas make up about 20 percent of the total acreage. Permeability of the Empedrado soil is moderate. Available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is moderate. This unit is used for hayland and cropland. This unit is well suited to hay and pasture. Grasses and legumes grow well if adequate fertilizer is used. If properly managed, this unit can produce 4 tons of irrigated grass hay per acre. This unit is well suited to alfalfa and small grain crops. It is limited mainly by steeper slopes in some areas. Limiting tillage for seedbed preparation and weed control reduces runoff and erosion. All tillage should be on the contour or across the slope. If properly managed, this unit can produce 75 bushels of barley per acre. • • The potential plant community on this unit is mainly western wheatgrass, needleandthread, prairie junegrass, mountain big sagebrush, and Douglas rabbitbrush. Other less numerous plants that characterize this site are muttongrass, Letterman needlegrass, common snowberry, Utah serviceberry, and antelope bitterbrush. The average annual production of air-dry vegetation is about 1,500 pounds per acre. If the range condition deteriorates, mountain big sagebrush, Kentucky bluegrass, Douglas rabbitbrush, and annual weeds increase. These plants are dominant when the range is in poor condition; therefore, grazing should be managed so that the desired balance of species is maintained in the plant community. This map unit is suited to homesite development. The main limitations are shrink -swell potential and slope. Shrink -swell potential can be minimized by prewetting foundation areas. The steepness of slope is a concern in installing septic tank absorption fields. Absorption lines should be installed on the contour. This map unit is in capability subclass IVe, irrigated, and IVe, nonirrigated. It is in the Deep Loam range site. • • 4/86 42--Fluvaquents, 0 to 10 percent slopes. This broadly defined unit consists of deep, somewhat poorly drained, nearly level soils on flood plains and alluvial valley floors. The soils formed in alluvium. Fluvaquents are stratified and vary widely in texture and depth to sand, gravel and cobbles. The surface layer is loamy sand to fine sandy loam and silty loam to clay loam. The underlying layers are generally sandy loam or loam stratified with sand, gravel, and cobbles. In some areas, gravel and cobbles are on or near the surface. The water table fluctuates between depths of 0.5 and 2 feet, during spring and summer. These soils are subject to brief, occasional flooding late in spring and early in summer. Included in mapping are small isolated areas of Redrob soils. Small, isolated areas where water stands at or near the surface all year are identified by wet spot and marsh spot symbols. These areas make up 15 percent of the map unit. These soils are used for wildlife habitat, recreation, and grazing. The native vegetation is mainly cottonwood, willow, and water tolerant grasses, sedges, and rushes. Mule deer, cottontail rabbit, coyote, bobcat, ducks, geese, and other native birds find food and shelter on these soils. Where feasible, planting small grain, trees, and shrubs enhances the habitat for upland wildlife. This map unit is poorly suited to homesite development. The main limitations are flooding and the seasonal high water table. The map unit is in capability subclass VIw, nonirrigated. The range site is Riverbottom. At higher elevations it is a Mountain Meadow range site. 4/86 55 --Gypsum land-Gypsiorthid complex, 12 to 65 percent slopes. This map unit is on mountainside slopes, hills, and dissected drainages. This // unit occurs on hills and canyon side slopes throughout the soil survey area. p� 6 This unit is 65 percent Gypsum land and 20 percent Gypsiorthid. The components of this unit are so intricately intermingled that it was not practical to map them separately at the scale used.L'Included in this unit are small areas of Torriorthents and Camborthids soils. Included areas make up about 15 percent of the total acreage. The Gypsum and consists mainly of exposed parent materials with a very high gypsum content. No profile typifies Gypsiorthids, but one commonly observed is moderately deep and well drained. It formed in residuum and colluvium derived dominantly from mixed parent materials with very high gypsum S/SOL ;_f i Z 1° S'o/.06"r4zr-f ; content . The surface layer is very pale brown fine sandy loam 8 inches thick. The underlying material to a depth of 39 inches is fine sandy loam. Soft gypsiferous shale is below 39 inches. Permeability of the Gypsiorthid soil is moderate. Available water capacity is moderate. Effective rooting depth is 10 to 40 inches. Runoff is very rapid, and the hazard of water erosion is very high. This unit is used for wildlife habitat. There is very little native vegetation on the Gypsum land. The native vegetation on the Gypsiorthid soil is sparse grasses, forbs, and Utah Juniper. This unit is poorly suited to homesite development. The main limitations are steepness of slope, very high erosion hazard, piping, and structural failure of the soil. This map unit is in capability class VIII. o S i t -k551PL) 4/86 95--Showalter-Nbrval complex, 15 to 25 percent slopes. This map unit is on alluvial fans, high terraces, and valley sides. Elevation is 7,000 to 8,500 feet. The average annual precipitation is 14 to 16 inches, the average annual air temperature is 42 to 44 degrees F, and the average frost -free period is 80 to 90 days. This unit is 45 percent Showalter very stony loam and 35 percent Morval loam. The components of this unit are so intricately intermingled that it was not practical to map them separately at the scale used. The Showalter soils occupy convex parts of the landscape, and Nbrval soils are in more concave positons. Included in this unit are small areas of soils similar to this Morval soil which have 30 to 50 percent cobble in the substratum. Included areas make up about 20 percent of the total acreage. `�r_ The Showalter soil is deep and well drained'i 'percent gravel,.;/ /J • ( LA -, 5,4.r 4-6-7L. yi��G w�- fol sc.t, t G<,r c :r co u cre.,6 [ 5 , Z,e(,r— E---The surface layer is brown very stony loam 8 inches_thiccl'. The upper 3 inches of the subsoil is very cobbly clay loam. The lower 28 inches of the subsoil is very cobbly clay. The substratum to a depth of 60 inches or more is very cobbly clay loam. Permeability of the Showalter soil is slow. Available water capacity is moderate. Effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is moderate. The Pbrval soil is deep and well drained. It formed in alluvium derived dominantly from basalt. Typically, the surface layer is brown loam 7 inches thick. The upper 12 inches of the subsoil is clay loam. The lower 4 inches is loam. The substratum to a depth of 60 inches is loam. The soil is noncalcareous to a depth of 19 inches and calcareous below that depth. s f c),-)Ef fk w'` �� � 4,,,, xe, ETC- ,� �-� . qs - Permeability of the rbrval soil is moderate. Available water capacity is moderate. Effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is slight. This unit is used for rangeland, hayland, and homesite development. The potential plant community on the Showalter soil is mainly bluebunch wheatgrass, western wheatgrass, prairie junegrass, Indian ricegrass, true mountainmahogany, antelope bitterbrush, Saskatoon serviceberry, and big sagebrush. The average annual production of air-dry vegetation is about 900 pounds per acre. The potential plant community on the Ibrval soil is mainly needleandthread, western wheatgrass, muttongrass, praire junegrass, and big sagebrush. The average annual production of air-dry vegetation is about 1,500 pounds per acre. If this unit is used for rangeland seeding or mechanical treatment, the main limitation is stones on the surface of the Showalter component. Management practices suitable for use on this soil are proper range use, deferred grazing, rotation grazing, and aerial spraying for brush management. If this unit is used for hay and pasture, the main limitations are stones on the surface, steep slopes, and slow permeability of the Showalter soil. Grasses and legumes grow well if adequate fertilizer is used. This unit is very poorly suited to homesite development. The main limitations are slope, shrink-swell, and stones throughout the profile. This map unit is in capability subclass VIe, nonirrigated. The Showalter soil is in Loamy Slopes range site, and the Morval soil is in Deep Loam range site. • • 6/85 106—Triddeell-Brownato -stony sandy loams, 12 to 50 percent slope ��This map unit Is on terraceSand mountainside slopes. Elevation is 6,400 to 7,700 feet. The average annual precipitation is 12 to 14 inches, the average annual air temperature is 42 to 44 degrees F, and the average frost -free period is 85 to 105 days. 66: 46 This unit is 45 percent Tridell and 35 percent Brownsto. The surface is scattered with 5 to 10 percent stones. The components of this unit are so intricately intermingled that it was not practical to map them separately at the scale used. Included in this unit are small areas of Forelle and Evanston soils in less sloping areas of clearings. Also included are small areas of basalt/el Rock outcrop and soils that are similar to this Tridell soil but have less gravel and stones. Included areas make up about 20 percent of the total acreage. The Tridell soil is deep and somewhat excessively drained. It formed in alluvium and colluvium derived dominantly from sandstone and basalt. Typically, the upper part of the surface layer is grayish brown .we4ere-ta stony sandy loam about 2 inches thick. The lower part is grayish brown very cobbly fine sandy loam 7 inches thick. The upper 5 inches of the underlying material is very cobbly fine sandy loam. The next layer is cobbly sandy loam 11 inches thick. The next 12 inches is very stony fine sandy loam. The lower part to a depth of 60 inches is very stony loamy sand. Hard basalt is common below 60 inches. The soil is calcareous throughout the profile. A thin layer of partially decomposed needles, twigs, and leaves is on the surface in many places. •2 n /D 4 -- • • Permeability of the Tridell soil is moderately rapid. Available water capacity is low. Effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is very high. The Brownsto soil is deep and well drained. It formed in alluvium derived dominantly from coarse textured calcareous sandstone and basalt. Typically, the upper part of the surface layer is light brownish gray m e r stony sandy loam 11 inches thick. The upper 19 inches of the underlying material is very gravelly sandy loam. The next 12 inches is very gravelly loamy sand. The lower part to a depth of 60 inches is gravelly sandy loam. A thin layer of partially decomposed needles, twigs, and leaves is on the surface in many places. Permeability of the Brownsto soil is moderate. Available water capacity is low. Effective rooting depth is 60 inches or more. Runoff is moderately rapid, and the hazard of water erosion is very high. This unit is used mainly for livestock grazing and wildlife habitat. It is also used for firewood, posts, Christmas trees, and limited homesite development. The potential plant community on the Tridell soil is mainly pinyon pine and Utah juniper, with an understory of bluebunch wheatgrass, Indian ricegrass, Wyoming big sagebrush, and muttongrass. The potential plant community on the Brownsto soil is mainly Wyoming big sagebrush, needleandthread, Indian ricegrass, western wheatgrass, and scattered pinyon pine and Utah juniper. Other vegetation commonly present in the potential plant community on these soils includes bottlebrush squirreltail, antelope bitterbrush, and true mountainmahogany. The average annual production of native understory vegetation on the Tridell soil is about 300 pounds of air-dry vegetation per acre. The average annual production of air-dry vegetation on the Brownsto soil is about 600 pounds per acre. 21 • • /4b -- If the range condition deteriorates, Wyoming big sagebrush, cheatgrass, and annual weeds increase. Management practices suitable for use on this unit are proper grazing use and a planned grazing system. Slope limits access by livestock and results in overgrazing of the less sloping areas. Mechanical treatment is not prctical, because the surface is very stony and the slopes are steep. Selective thinning of the pinyon and juniper improves the quality of the understory for grazing and provides firewood, posts, and Christmas trees. The Tridell soil is suited to limited production of pinyon pine and Utah juniper. The average annual production is 5 cords per acre. The average stocking rate is 150 trees per acre. To insure sustained yields and continued use, the kind of wood production should be considered before using management practices such as thinning and clearing. Special care is needed to minimize erosion when thinning and clearing. Thinning generally promotes the growth of understory grasses and young trees. Only less sloping areas of this unit are suited to homesite development. If this unit is used for homesite development, the main limitations are slope and stones in the soil. Erosion is a hazard in the steeper areas. Only the part of the site that is used for construction should be disturbed. Topsoil can be stockpiled and used to reclaim areas disturbed during construction. Removal of gravel and cobbles in disturbed areas is needed for best results when landscaping, particularly in areas used for lawns. Areas in this unit adjacent to hillsides are occasionally affected by runoff, which may also be accompanied by movement of rock debris. Population growth has resulted in increased construction of homes on this unit. This map unit is in capability subclass VIIe, nonirrigated. The Tridell soil is in Pinyon -Juniper Woodland site and the Brownsto soil is in Stony Foothills range site. 2 7S • • Exemption Subdivision, J. R. Hunt, 9-5-89 F. Proof of legal and adequate source of domestic water for each lot created is attached. Enartech Inc. - Hunt Subdivision water rights Analysis and plan for augmentation • • • • • • • • • • • • • HUNT SUBDIVISION WATER RIGHT ANALYSIS AND PLAN FOR AUGMENTATION Prepared by: ENARTECH, INC. P.O. Drawer 160 Glenwood Springs, CO 81602 (303) 945-2236 August 30, 1989 • • • • • • • • • • • ENARTECH Inc. Consulting Engineers and Hydrologists August 30, 1989 Mr. Dick Hunt 14913 HWY 82 Carbondale, CO 81623 RE: Water Rights Analysis/Hunt Subdivision Dear Dick: The following report summarizes our findings concerning the water rights investigation of the Hunt Subdivision located near Carbondale, Colorado. The report contains the necessary background information and engineering facts to allow your attorney, Mr. Lee Leavenworth, to proceed with the preparation of a water right plan for augmentation. We have enjoyed working with you on this project and wish you luck in you endeavors to develop the Cattle Creek property. If you have any questions concerning this report or require additional assistance, please do not hesitate to contact me. Sincerely, ENARTECH, INC. R. Scott Fifer Hydrologist RSF/ss 278.01 cc: Lee Leavenworth, (w/encl) • 302 Eighth Street, Suite 325 P.O. Drawer 160 Glenwood Springs, Colorado 81602 (303) 945-2236 • • • • • • • TABLE OF CONTENTS List of Tables ii INTRODUCTION 1 Purpose 1 Background 1 WATER REQUIREMENTS 1 Domestic In-house Use 1 Livestock Water 4 Lawn Irrigation 4 Pond Evaporation 6 WATER RIGHTS 6 Cattle Creek 6 • Roaring Fork River 8 Colorado River 8 Hunt Reservoirs Nos. 1 through 6 9 • • AUGMENTATION WATER REQUIREMENTS 9 PLAN FOR AUGMENTATION 11 ATTACHMENT A: Information for Application for Underground Water Right. • ATTACHMENT B: Water Agreement Development Corporation and Dick Hunt. ATTACHMENT C: Decree for Carbondale Land Development Corporation, Case No.79CW097. • • -i- • • • • LIST OF TABLES TABLE 1. Water Requirements, Hunt Subdivision 3 TABLE 2. Blaney-Criddle Analysis, Lawn Irrigation 5 TABLE 3. Hunt Reservoir Water Rights, 81CW220 10 TABLE 4. Hunt Reservoir Capacities (acre feet) 10 TABLE 5. Augmentation Water Requirements (acre feet) (Irrigation Season, May - October) 12 • TABLE 6. Augmentation Water Requirements (acre feet) (Non -Irrigation Season, November -April) 12 • • • • • • • • • • INTRODUCTION Purpose This report provides the necessary engineering information to develop a water right plan for augmentation for the proposed Hunt Subdivision. The report examines the total water requirements, consumptive uses and water rights associated with the development. A water right strategy is outlined that, if implemented, provides the property with a reliable year-round source of water supply. Background The proposed Hunt Subdivision is located on a 120 acre parcel in the Cattle Creek drainage four miles north of Carbondale, Colorado (figure 1). The development will consist of seven single family residential homesites varying in size from seven to 21 acres. Water supplies will originate from individual wells. Two wells have been previously developed and have in recent years provided water supplies to two small cabins located on the property. Five additional wells are planned for development. WATER REQUIREMENTS The Hunt development will require water for domestic in-house use, livestock water, lawn and garden irrigation and pond evaporation. Domestic In -House Use The seven residential units will require approximately 2.5 acre feet (af) of water annually for domestic in-house use. This assumes that each house will be occupied by an average of four persons year-round with a per -capita water requirement of 80 gallons per person per day. Table 1 displays the projected water use on a monthly basis. • -1- • . • Figure No. 1 Location Map • Hunt Subdivision • • • • • • • Scale: I"= 2000' P 370 ' l 1 72\-; • Hunt Subdivision _ -J� Cr e moi€ �.:- 6468 600�� P Subdivision Parcels j 6756 • • • rN70 -2- / e II ENARTECH • • • • • • • • • • • • • WATER REQUIREMENTS HUNT SUBDIVISION Water User (acre feet) Analysis Date : Consumptive Use Total Demand a CV O • 1- ••./ - 0 4-, en O/ J O Q +-, 0 0 03 - L 0) ✓ U L L 0 • C 4-+ O. 3 03 • N 0) J •- L L L.) 0) N 7 ✓ en O L 0 -J O O H U 0 0) 1 -J C 0 n 0_ +-, J 0 N L 0) U L L C 0 C a+ M 3 03 ✓ 03 O) J •.- L L.. 03 - C- 13) v U L N L a+ 0 U L i+ C 0 X CV CO ess1 si0 3 M .t •O 00 N 9- 13 M 1 .t O O O O N N 9- 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0• 0 0 0 0 0 0 0 0 0 0 • O O 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 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 0 0 0 0 0 0 0 0 0 0 0 0 .t J N N N )n s- 0 0 O 0 0 N .t 00 F O• M 0 0 O O O O s- O O O 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 000 • 000000 • 00 N P N .- N N N• N N M N M M M M M M M M M M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 CO ▪ •N M N O O O O 0 00 O O O O O .t N .t •O M M O. M in N .0 3 N 0 N V. 0 V. M •O M •O N N N N N .t .t .t N1 143 fV fV fV 0 0 0 0 0 0 0 0 0 0 0 0 O_ 0. 0 0 0 O O 0 0 0 0 O O CO CO 0 0 0 0 0 O 0 0 0 co 0 0 O 0 0 O co O O 0 0 O 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 0 0 0 0 0 O ▪ 0 O O O O O 0 0 O 0 0 00 0 0 ere 03 N M .Ot s- en O O O 0 0 0 s- N N 9. 0 0 0 O O 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 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 s P s O M O M.- O.- O M N N N N N N N N N O ▪ 0 O O O 0 0 0 0 0 0 0 N O 0 0 O 0 co 0 O O O 0 L >- >s 03 7 U L. T C >,7 ▪ E D i N C L 03 a S 7 7 0) V > Q CO N ' Q ' Q 0a) 0 0 0 OU) 0 L. A L f- - - 3 V) Z 0 N O In O M 0 0 0 00 O M O 0 O OLrl # of Livestock a 11 gals/day CU for Domestic/Commercial N U U O 03 \ \ 03 T - >- 01 0 ••' U .. 0) (1) • O) 0) U U t- 9- •F L •F L w .-1 w .-• w w W N-- • O • O 0) 0) L O • L 0 L• •.- L r n. `� n. 3 S O S CO N L (A J C L) C O 0 oo) L) o\0. L) 111 19- ▪ 0, Elevation (feet) O U f� .t O O 0 M 0 O CO 0 0 O 0 0 0 In to • 0 •0 • 0 • 0 . N 0 Residences 0) CO U -0 C \ '0 0 N n L 0 a \ O 0O O L o 0 o) 4k Commercial/Other Demand U ▪ U (0 (0 '100 w w CO 21 CO ▪ 0) 0) 0) ++ 0 i+ CO Y L CO 0) CO L CC 4 d' .-.• 4- C L C C O .-, 0 3 m Ls, a • J CO (0 O 03 U L U 4 (--] Y Q O Q LL N 0 CO U OL N J Q L) N ▪ M • J • • The wastewater treatment and disposal system for the Hunt development will consist of on-site septic tank/leachfield systems. The consumptive use associated with these systems is typically 15 percent; the majority of the water returns to the stream system as treated wastewater. Accordingly, the total annual consumption of water that is used for domestic in-house purposes is 0.376 acre feet (Table 1). Livestock Water A maximum of 10 horses is contemplated for the development. The water • demand for livestock is based upon a water requirement of 11 gallons per day for each head. The consumptive use of livestock water is 100 percent. The total annual water demand and consumptive use for livestock is 0.12 acre- feet (Table 1). • Lawn Irrigation • Each of the contemplated residential units will have limited outside lawn irrigation. Parcels 1 through 3 are located on sloping terrain and will limit irrigation to approximately 1,500 ft2 each. The remaining four parcels will irrigate 3,000 ft2 each (total all units = 16,5000 ft2). The total water requirement for lawn irrigation was determined by first identifying the total consumptive water use of grass at the site and then • adjusting the value to compensate for expected sprinkler irrigation efficiency. The potential consumptive use of grass irrigation was calculated using the Blaney-Criddle Method as modified by the SCS in their technical release of November 21, 1970. Because of the high elevation of the area, the Blaney- Criddle monthly consumptive use crop coefficients were adjusted as • recommended in the USDA Agricultural Research Services report "Water Use by Native Grasses in High Altitude Colorado Meadows". The calculated annual consumptive use of grass at the site is 2.58 feet of water (Table 2). However, part of the consumptive use requirements will be satisfied by summer precipitation. Based on Glenwood Springs and Aspen climate • records, we estimate that 0.58 feet of the total requirement will be satisfied by rain. Therefore, the net irrigation demand is 2.00 feet of water. Assuming an irrigation efficiency of 80%, approximately 0.95 acre feet would be applied annually for lawn and garden irrigation. Of this amount, about 0.76 acre feet would be annually consumed. Irrigation requirements and • consumptive uses are shown in Table 1. • -4- • • • • • • • • • • 0 U 0 J 00 U DATE : AUGUST, BLANEY - CRIDDLE CONSUMPTIVE USE CALCULATIONS • • c H 0 W 0) c ▪ .+ P 4- Cons. Use O _ • a+ C_ COX • a • W a • C W Y a .. •o c CO - v 0 0 CD 4-+ ✓ 0. 7 a v 0 W ▪ v C O 0 O U H ...... w O O) •- 3 C 0 0 v 0 7 0 U U c ++ _ C .c 0 Q 0) L M v w O O 7^ x 0 oC C v 00) 0) : 1- > L 0 O X zte-01-.1•E Ors. 0, 3 M ▪ 00 N) (V 3 N 3 a- N N a- 03 L dl h O U P 0 L a+ • v U d ▪ • O p. O > titan{ - •tr O.o�O• a :. ?_,;° v a 0 3 UN In M N O M. N 0 0) 0) O. N v C • 0) •- o • > W > al Y 0) O N O L ++ Lo v O U N - •f a) 0) `1- tn 3 00 O 0• •0 0• N 00 O) • L N -O v - ti 00 •O r --N O. N N c iC • O) W a- ▪ to •O •O 3 3 a- M N• 4-,0CO 0 •' 0 0 00 -' 0 • Q E U C 0) C yy1 cc 7 O) 0 C> • e- CO a- N N N M a- 0) N. C0 en •• 0 0 0 0 0 0 0 •- O 33 Q U O 0, W • L C a+ > > C m U 0 0 V ++ V O in N- ~ M o 00 >- 00 N. a 3 N N .O 0 to C 3 I- U 7 07 0 0 ti O -. • -, U L 0 0 00 0 V) tl U 0 is Os CO u") M N N In 3 CO M I,- • 0 00 0 M O. P — O .M! CO • • t/1 'O 'O to O 3 0• 00 O• 0 CO C - - O• 00 0 N- O▪ .-.- O O O f� to M •O 00 3 M O. O to M 00 M ▪ O. O O P CO 3 to O• to 0 O N to CQ 3 • to •O •O •0 to O O O• M M M M M L 4.4 >s L ▪ C 0 ) 0 ▪ v o y • -5- W Totals ---> O to '0 00 O. - > Q U N t ✓ (/) 0) 4-, L 2 U 0 U O C - L C O • t0 .- v 0) a+ (0 0 O. V 0 CC 0 N `- 0 L -• 0 0W '•1.- • U ✓ .c 4.4 ((00 a7+ N O 0) O) 3 - •> O 3 0 4-. CO - CO O C� L z 0 N ❑. a+ Q • A 0 C ¢ —' E 0 E (• (0 N 0) 3 1 0 L 0) f O - Q C) •f 0 0 (7 0 L '0 7 -0 O 0) 0) L CO - 3 O) > 0) L (0 C 0 Y 0 1- • (.7 M 0 = U ✓ v v • • Pond Evaporation There are four ponds located on the Hunt property. The ponds were constructed in the early 1980's and have been decreed for irrigation, recreation and stockwater uses (Case No. 81CW220). Two additional ponds are planned to be constructed within the development. Figure 2 displays the location of the existing and proposed ponds. • Evaporation from the ponds surfaces will occur during the summer period. Based upon area climatic data maintained by the National Oceanic and Atmospheric Administration, approximately 2.1 feet of water will evaporate from the pond surfaces over the May through October period. Evaporation during the winter period is negligible. Table 1 displays the monthly and • annual evaporation amounts. • • WATER RIGHTS The existing and proposed wells that will serve the residential development do not have decreed water rights. It is contemplated that water right applications will be filed concurrently with the augmentation plan described herein. The information necessary to file for underground water rights are outlined in Attachment A. The water rights for the Hunt wells will have junior 1989 water right • priorities. If streamflows downstream of the subdivision are insufficient to fulfill the demands of senior water right users, a water right call could curtail diversions from the wells. Downstream water rights on Cattle Creek, the Roaring Fork River and the Colorado River were evaluated to determine the effect that they may have on the ability to divert water in priority from the • subdivision wells. • Cattle Creek Cattle Creek is an over -appropriated stream during the irrigation season. The stream discharge in Cattle Creek is not always sufficient to provide the irrigation water requirements of existing ditches on Cattle Creek. • -6- • • • • • • • • Figure No. 2 Water Resource Features Hunt Subdivision /11,12 I�\ff 835 V- i ti=tiftAWireS pleservo No. 6.. (Existing "2 i�r (� Reservoir No. 5 • Well No. 3! Wel t".14, o. 4 - • eservoir No. 4 (Existing) 6.600.= eservo r No. 1 ( \ (Existing) eservoir No. 2• .- Well No. 7 (Existing). lel 11\ � Scale: • • -7- ENARTECH • • Consequently, the Hunt wells could potentially be "called out" by senior downstream irrigation water rights on Cattle Creek during the months of May through October, inclusive. During the non -irrigation season the streamflow in Cattle Creek downstream • of the subdivision is sufficient to meet the water requirements of senior water rights. The only significant water right on Cattle Creek during the non - irrigation season is the Colorado Water Conservation Board's 4.0 cubic feet per second (cfs) appropriation. This water right is for the reach of Cattle Creek from its confluence with Iola Creek to its confluence with Fisher • Creek. As shown in figures 1 and 2, the Hunt Subdivision is located at the lower most terminus of the State's instream flow reach. However, due to the minimum amount of consumptive use associated with winter use (Average = 0.23 gallons/minute) and the limited aerial extent of potential conflict, water right calls by the State are highly unlikely. • Roaring Fork River Stream discharge of the Roaring Fork River is adequate to satisfy all • municipal, irrigation and commercial water rights on the river downstream of its confluence with Cattle Creek. These type of rights have never placed a call on the river in the vicinity of, or downstream of its confluence with Cattle Creek. • The Colorado Water Conservation Board has instream flow water rights on the Roaring Fork River. An analysis of the historic stream flow of the Roaring Fork River was conducted to determine the potential for a call by the instream flow water rights. The results of this analysis indicate that even • in critically dry winter periods, the stream flow of the Roaring Fork River will be adequate to meet the instream flow requirements and no water right calls will occur. • Colorado River The Colorado River downstream of the Hunt subdivision (i.e., downstream of its confluence with the Roaring Fork River) is an over -appropriated stream system and water right calls do occur during the irrigation season. As • conditional water rights on the Colorado River and its tributaries are developed in the future, water right calls on junior rights will become prolonged and more frequent. • -8- • • • • Hunt Reservoirs Nos. 1 through 6 The four existing ponds described previously have been decreed in Water Court in Case No. 81CW220. In that case a total of six ponds were decreed conditionally for domestic, irrigation, livestock water, fish culture and recreation purposes. A summary of the decreed capacities appears in Table 3. Ponds Nos. 1,3,4 and 6 have been constructed and are currently used for livestock water, fish culture and recreation purposes. A field survey completed by Mr. Dick Hunt reveals that the existing reservoirs have a combined capacity of 5.75 acre feet (Table 4). • The 1981 water rights associated with the Hunt Reservoirs are relatively junior and similar to the proposed Hunt wells, could be out -of -priority to Cattle Creek water users during the irrigation season. Therefore, in order to maintain full reservoirs throughout the summer, the evaporation loss from the water surface would also have to be augmented. • • AUGMENTATION WATER REQUIREMENTS Water right calls on the proposed Hunt wells and existing reservoirs are • probable May through October. The calling rights will originate from lower Cattle Creek, however calls could also come from the large irrigation rights located on the Colorado River near Grand Junction. Currently, water right calls do not come during the winter, non -irrigation season. In the future, if significant industrial and residential development occurs, there is some • probability that water right calls could occur on the Colorado River during the winter period. • • -9- • • • • • • • • • • • • TABLE 3 HUNT RESERVOIR WATER RIGHTS, 81CW220 Hunt Reservoir No. 1 Hunt Reservoir No. 2 Hunt Reservoir No. 3 Hunt Reservoir No. 4 Hunt Reservoir No. 5 Hunt Reservoir No. 6 2.0 acre feet 4.0 acre feet 1.0 acre feet 10.0 acre feet 1.0 acre feet 4.0 acre feet TOTAL: 22.0 acre feet TABLE 4 HUNT RESERVOIR CAPACITIES (acre feet) Hunt Reservoir No. 1 Hunt Reservoir No. 3 Hunt Reservoir No. 4 Hunt Reservoir No. 6 1.00 acre feet 2.01 acre feet 1.33 acre feet 1.41 acre feet TOTAL: 5.75 acre feet • -10- • • • PLAN FOR AUGMENTATION The proposed plan for augmentation utilizes a combination of senior agricultural water rights and reservoir storage to provide year-round water right protection. During the summer period augmentation water will be provided through acquisition of historic consumptive use water associated • with the Park Ditch and Reservoir Company. During the non -irrigation season, augmentation water will originate from Ruedi Reservoir pursuant to a water service contract with the Basalt Water Conservancy District. The Applicant has available 4.0 af of consumptive use water associated with • the Park Ditch and Reservoir Company (Attachment B). The water was decreed by the Carbondale Land Development Corporation (CLDC) as part of an earlier augmentation plan entered in Case No. 79CW097. In accordance with the terms and conditions outlined in 79CW097, at such • times as the Hunt Subdivision wells are placed on call, water will be released to Cattle Creek from the described augmentation structures. A copy of the decree entered in Case No. 79CW097 is included in Attachment C. Table 5 outlines the potential monthly augmentation water demand for the May through October period. In total 4.0 af will be necessary to provide 100% • summer augmentation for the Hunt development. During the November through April non -irrigation season, out -of -priority depletions will be augmented by releases from Ruedi Reservoir. The Applicant will obtain a water service contract with the Basalt Water • Conservancy District. During those non -irrigation months that water right calls originate from the Colorado River system, water will be released from Ruedi Reservoir commensurate with the development depletions. The District maintains a contract with the Bureau of Reclamation and has an approved State Operating Plan that allows for such releases. The monthly • distribution of potential augmentation releases is displayed in Table 6. • • -11- • • • • • • • • • • • TABLE 5 AUGMENTATION WATER REQUIREMENTS (acre feet) Irrigation Season, May - October Hunt Subdivision Domestic Lawn Live- Pond TOTAL Month In-house Irrigation Stock Evaporation May 0.032 0.144 0.01 0.45 0.636 June 0.031 0.182 0.01 0.80 1.023 July 0.032 0.172 0.01 0.63 0.833 Aug. 0.032 0.112 0.01 0.51 0.664 Sept. 0.031 0.095 0.01 0.39 0.526 Oct. 0.032 0.031 0.01 0.22 0.293 TOTAL 0.19 0.736 0.06 3.00 3.986 TABLE 6 AUGMENTATION WATER REQUIREMENTS (acre feet) Non -Irrigation Season, November - April Hunt Subdivision Month Domestic In-house Livestock TOTAL November 0.031 0.01 0.041 December 0.032 0.01 0.042 January 0.032 0.01 0.042 February 0.029 0.01 0.039 March 0.032 0.01 0.042 April 0.031 0.01 0.041 TOTAL 0.187 0.06 0.247 • -12- . i • . ATTACHMENT A INFORMATION FOR AN APPLICATION FOR UNDERGROUND WATER RIGHT • HUNT SUBDIVISION LOCATION OF WATER RIGHTS HUNT WELL NO. 1 Hunt Well No. 1 is to be located in the NE/4, NE/4, SE/4, Section 10, T.7S., R.88W. of the 6th P.M. More particularly 120 feet West of the East Section line and 2360 feet North of the South Section line of said Section. HUNT WELL NO.2 Hunt Well No. 2 is to be located in the NW/4, NW/4, SW/4, Section 11, T.7S., R.88W. of the 6th P.M. More particularly 130 feet East of the West Section line and 2360 feet North of the South Section line of said Section. HUNT WELL NO. 3 Hunt Well No. 3 is to be located in the NE/4, NE/4, SW/4, Section 11, T.7S., R.88W. of the 6th P.M. More particularly 2290 feet East of the West Section line and 2040 feet North of the South Section line of said Section. HUNT WELL NO. 4 Hunt Well No. 4 is to be located in the SE/4, NE/4, SE/4, Section 10, T.7S., R.88W. of the 6th P.M. More particularly 480 feet West of the East Section line and 1740 feet North of the South Section line of said Section. HUNT WELL NO. 5 Hunt Well No. 5 is located in the NW/4, NW/4, SW/4, Section 11, T.7S., R.88W. of the 6th P.M. More particularly 230 feet East of the West Section line and 2150 feet North of the South Section of said Section. • i Hunt Subdivision Location of Water Rights Page -2- HUNT WELL NO. 6 Hunt Well No. 6 is to be located in the SE/4, NW/4, SW/4, Section 11, T.7S., R.88W. of the 6th P.M. More particularly 1080 feet East of the West Section line and 1940 feet North of the South Section line of said Section. HUNT WELL NO. 7 Hunt Well No. 7 is located in the SW/4, NW/4, SE/4, Section 11, T.7S. R.88W. of the 6th P.M. More particularly 3050 feet East of the West Section line and 1790 feet North of the South Section line of said Section. • • • • • ATTACHMENT B • • • • • • • • WATER AGREEMENT AND LICENSE BETWEEN CARBONDALE LAND DEVELOPMENT CORPORATION AND DICK HUNT • . WATER AGREEMENT AND LICENSE THIS AGREEMENT made and entered into this Z 6 day of , 1989, by and between CARBONDALE LAND DEVELOPMENT CORPORATION, a Colorado corporation (hereinafter "Seller") and J. RICHARD HUNT (hereinafter "Purchaser"), WITNESSETH: WHEREAS, Seller has agreed to sell certain property described in Exhibit "A" attached hereto and incorporated herein by this reference, and Purchaser has agreed to purchase said property pursuant to the terms and conditions set forth herein; and WHEREAS, Seller has agreed to provide by this Agreement for the benefit of Purchaser five (5) acre feet of consumptive use water decreed in excess of Carbondale Land Development Corporation's requirements pursuant to an augmentation plan decreed in Case No. 79CW097 (Water Division No. 5); and WHEREAS, the parties wish by this Agreement to set forth the terms and conditions of the provision of said water. NOW THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties agree that: 1. Seller hereby perpetually licenses with an interest and grants to Purchaser five (5) acre feet of adjudicated consumptive use water decreed in Case No. 79CW097, Water Division No. 5, State of Colorado, as more particularly described in Exhibit "A". Said water shall be perpetually used in accordance with the terms and conditions set forth within the Decree in the above referenced water right proceeding. 2. The parties recognize that the conveyance hereunder shall be that of the grant of a perpetual license for water decreed as consumptive use water by virtue of Seller's ownership of certain shares in the Park Ditch and Reservoir Company; this Agreement shall not obligate Seller in any manner to provide physical water to Purchaser's place of use or finance any Water Court proceeding on behalf of Purchaser. Seller will cooperate, with no expense to Seller, with any proceeding necessary to transfer the subject water right to the Purchaser's place of use. 3. This conveyance shall be in the nature of a quit -claim license of five (5) acre feet water subject only to the covenant and warranty of Seller that Seller is the owner of the five (5) shares of the Park Ditch and Reservoir Company involved in Case No. 79CW097, and the Seller grants the subject water free and clear of all liens, security interest, pledge, or encumbrances of any nature whatsoever; the foregoing warranty shall include any party which holds any security interest, lien, or encumbrance on proportionate interest for the stock certificates which serve as the basis of title for the water • rights decreed to be in excess of Seller's requirements in Case No. 79CW097, Water Division No. 5, Colorado, granted herein. Seller covenants to pay all assessments and to maintain in good • standing said shares so as to not result in any attachment, lien, encumbrance, or interference with Purchaser's license of water described herein. Seller further agrees to hold the amount of shares representing the quantity of water licensed herein in trust for the benefit of Purchaser for purposes of this Agreement. • 4. Notwithstanding any provision herein to the contrary, Seller agrees that Purchaser may, but is not obligated to, seek the approval of the Park Ditch and Reservoir Company for the issuance of a stock certificate in the name of Purchaser for the amount of water licensed herein. Seller agrees to cooperate • in this effort if undertaken by Purchaser. If successful, Purchaser shall thereafter be solely responsible for payment of assessments on any shares owned by Purchaser. 5. The consideration for this Agreement is $12,500.00, receipt of which is hereby acknowledged by Seller. • The parties further agree that this Agreement may be specifically enforced in a court of competent jurisdiction by either party. In the event of a breach, the prevailing party shall be entitled to reasonable attorney fees and costs. 6. This Agreement is and shall be binding upon and • inure to the benefit of the heirs, successors and assigns to the parties hereto. 7. By signing this Agreement, the parties represent to one another that all procedures necessary to validly execute this Agreement have been duly performed and that each party is empowered to do so. WHEREFORE, the parties have executed this Agreement in duplicate originals on the day and year first above written. • • • ATTEST: Secretary • • CARBONDALE LAND DEVELOPMENT CORPORATION By: BRUCE KISTLER, President J RICHARD HUNT -2- STATE OF COLORADO COUNTY OF • • ) ) ) SS. The foregoing instrument was acknowledged before me this day of , 1989, by BRUCE KISTLER as President and by as Secretary of CARBONDALE LAND DEVELOPMENT CORPORATION. WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO COUNTY OF GARFIELD ) ) ) SS. Notary Public The foregoi g i trument was acknowledged before me this 22' day of at./5± , 1989, by J. RICHARD HUNT. WITNESS my hand and offi My Commission expires: Oc+o&rr 2L, Iq91 Notary Public • • • • EXHIBIT "A" TO WATER AGREEMENT AND LICENSE BETWEEN CARBONDALE LAND DEVELOPMENT CORPORATION (SELLER) AND J. RICHARD HUNT (PURCHASER) Five (5) acre feet of water historically consumptively used by virtue of the Seller's interest in five (5) shares of the Park Ditch and Reservoir Company, decreed to be in excess of the Seller's requirements as described in Paragraph 23 of the Decree entered in Case No. 79 CW 97, Water Division No. 5, Colorado, representing a proportionate and equitable interest in the water rights of the Park Ditch and Reservoir Company generally described as follows: PRIORITY QUANTITY APPROP. ADJUD. CIVIL STRUCTURE NUMBER (ACRE FEET) DATE DATE ACTION • Consolidated Res. 8B 595.0 09/08/98 02/15/21 2144 Consolidated 678 285.6 09/01/48 06/20/58 4613 Consolidated 754 410.0 09/01/48 11/15/71 5884 • PRIORITY QUANTITY APPROP. ADJUD. CIVIL STRUCTURE NUMBER (c.f.s.) DATE DATE ACTION Park Ditch 221A 9.0 09/12/04 06/26/13 1627 • Park Ditch 221A 1.8 09/12/04 04/16/17 1627 Park Ditch 232 4.1 07/01/12 06/09/16 1821 Park Ditch 232 2.0 07/01/12 09/05/18 1973 • Landis Canal 718 170.0* 06/20/58 07/29/53 80CW113 • • • * Alternate point of diversion for 20.0 c.f.s. of the Basalt Water Conservancy District's 170.0 c.f.s. Landis Canal water right not involved in Case No. 79 CW 97, Water Division No. 5, Colorado -4- . • ATTACHMENT C DECREE FOR CARBONDALE LAND DEVELOPMENT CORPORATION WATER RIGHT PLAN FOR AUGMENTATION CASE NO. 79CW097 (WATER DIVISION NO. 5) Rocorded nt 16.33, •ck _M. ,IAN 2 2 19r12 Reception No. a2394,2 MILDRED ALSDORF, RECORDER IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. 79CW.97 IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF CARBONDALE LAND ) DEVELOPMENT CORPORATION ) IN THE ROARING FORK RIVER ) OR ITS TRIBUTARIES. ) TRIBUTARY INVOLVED: CATTLE CREEK ) IN GARFIELD COUNTY ) FLED IN WVA'1'BR COURT Division No. 5 STATE OF COLORADO (� a IERK BY DEYUiY RULING OF REFEREE The above entitled application was filed on April 30, 1979, UM* an addendum was filed on May 14, 1979, and were referred to 010 undersigned as Watgr Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 18th day of May, 1979, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as the Water Right Determination 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 names of the structures involved are: (a) Clark Well No. 1, adjudicated by this Court in Case No. 79CW67; (b) Morris Well No. 1, adjudicated by this Court in• Case No. 79CW68; (c) M/K Well No. 1, adjudicated by this Court in Case No. 79CW66; and (d) CLDC Well No. 1 through CLDC Well No. 14, adjudi- cated by this Court in Case No. 79CW96. 3. The name of the claimant and address is Carbondale Land Development Corporation; c/o Musick, Williamson, Schwartz, Leavenworth & Cope, P. C., P. O. Drawer 2030, Glenwood Springs, CO 81601. 4. The source of the water is from wells tributary to Cattle Creek, tributary to the Roaring Fork River. 5. The legal descriptions of the locations of the wells are as follows: (a) Clark Well No. 1 is located in the SW;NW; of Section 17, T.7S., R.87W. of the 6th P.M. at.a point 250 feet East • 1.1n( 591 P.GEJ of the West line and 2,310 feet South of the North line of said Section 17. (b) Morris Well No. 1 is located in the SE;SW; of Section 11, T.7S., R.87W. of the 6th P.M. at a point 660 feet North of the South line and 2,062 feet East of the West line of 'said Section 11. (c) M/K Ranch Well No. 1 is located in the NE4NI'74 of Section 17, T.7S., R.87W. of the 6th P.M. at a point 300 feet South of the North line and 1,400 feet East of the West line of said Section 17. (d) CLDC Well No. 2 is located in the SW;SW4 of Section 11, T.7S., R.8841. of the 6th P.M. at a point which bears N.11 00'05" E. a distance of 1,200 feet from the Southwest corner of. said Section 11. (e) CLDC Well No. 3 is located in the SE;SW; of Section 11, T.7S., R.88W. of the 6th P.M. at a point which bears N.51°01'11" E. a distance of 2,000 feet from the Southwest Corner of said Secttfn 11. (f) CLDC Well No. 4 is located in the NW;NW; of Setion 14, T.7S., R.88W. of the 6th P.M. at a point which bears S.51°29'53" E. a distance of 580 feet from the Northwest Corner of said Section 14. (g) CLDC Well No. 5 is located in the NE;NW; of Section 14, T.7S., R.88W. of the 6th P.M. at a point which bears S.86°53'46" E. a distance of 1,880 feet from the Northwest Corner of said Section 14. (h) CLDC Well No. 6 is located in the NW4NE; of Section 14, T.7S., R.88W. of the 6th P.M. at a point which bears S.87053'37" E. a distance of 4,200 feet from the Northwest Corner of said Section 14. (i) CLDC Well No. 7 is located in the NE;NW; of Section 14, T.7S., R.8$W. of the 6th P.M. at a point which bears S.50 35'30" E. a distance of 2,290 feet from the NOrthwest Corner of said Section 14. (j) CLDC Well No. 8 is located in the SW;NE4 of Section 14, T.7S., R.8$W. of the 6th P.M. at a point which bears S.48 59'02" W. a distance of 3,540 feet from the Northeast Corner of said Section 14. (k) CLDC Well No. 9 is located in the SWLSW; of Section 14, T.7S., R.88W. of the 6th P.M. at a point which bears N.9°18'03" E. a distance of 1,030 feet from the Southwest Corner of said Section 14. (1) CLDC Well No. 10 is located in the SE'SW, of Section 14, T.7S., R.88W. of the 6th P.M. at. a point which bears N.64°02'11" E. a distance of 2,810 feet from the Southwest Corner of said Section 14. -2- • i • • • b,r.,r. 591 P.GE24110 (m) CLDC Well No. 11 is located in the SWkSE, of Section 14, T.7S., R.88W. of the 6th P.M. at a point which bears N.82°12109'4a distance of 3,530 feet from the Southwest Corner of said Section 14. (n) CLDC Well No. 12 is located in the SW4SW1; of Section 14, T.7S., R.881,1of the Gth P.M. at a point which beras N.85642'23" E. a distance of 1,280 feet from the Southwest Corner of said Section 14. (o) CLDC Well No. 13 is located in the NW;NE; of Section 23, T.7S., R.88W. of the 6th P.M. at a point which bears S.51°05'48" W. a distance of 1,920 feet from the Northeast Corngrofsaid Section 23. (p) CLDC Well No. 14 is located in the SE4NW4 of Section 23, T.7S., R.88W. of the 6th P.M. at a point which bears S.48°56'53" W. a distance of 3,830 feet from the Northeast Corner of said Section 23. 6. This is/an application for approval of a Plan for Augmentation and Change of Wates Rigths for the purpose of providing water to satisfy senior water rights when the above-described wells are producing out • of priority. 7. Statements of Opposition were timely filed by Union Oil Company of California and by the Colorado River Water Conservation District, and as a result, on July 31, 1979, the Application was re-referred by the Water Reseree to the Water Judge for Water Division No. 5. • 8. On October 2, 1979, the Statement of Opposition of the Colorado River Water Conservation District was withdrawn. 9. On August 21, 1979, an Entry of Appearance was filed by the Park Ditch Company, David Stroock and John Sutey. 10. On January 29, 1980, the Applicant and Daniel Stroock, John Sutey, and the Park Ditch Company filed a stipulation containing 41 the following pertinent provisions: A. Stroock, Sutey, and Park agree to withdraw their appearance in Case No. 79CW97, and to permit the use of 5 shares out of the 8 shares otalled by the applicant in the manner proposed by the plan for augmentation. Park further agrees immediately to make all necessary entries on its corporate • books and records to recognize applicant as the owner of 8 shares of the capital stock of Park. B. Applicant agrees, on behalf of itself, its successors and assigns, to permit Park to exercise sole administrative control over the delivery of water to Park or to the Division Engineer, Water Division No. 5, pursuant to said plan for augmentation, and to pay to Park any costs of administration incurred by Park . by virtue of said plan for augmentation. Applicant also agrees to continue to pay the normal assessments levied annually by Park for the usual operation and maintenance of Park's irrigation system. Applicant agrees that in the event it should fail within sixty (60) days to remit to Park any assessments or other charges properly assessed to applicant, Park shall provide notice of such failure to applicant and to the Division Engineer, • -3- • • b rix 591 f CE28! and that if such amounts are not paid or otherwise resolved within ninety (90) days following such notice the Division Engineer may thereafter administer the wells as if the plan for augmentation did not exist, until such amounts have been paid or otherwise resolved. Park agrees to administer the shares owned. by applicant in accordance with the requirements of said plan for augmentation as directed by the Division Engineer. 'Cr: In order to enable Park to seek appropriate and necessary approvals of the Water Court, Water Division No. 5, to permit the use of all water rights owned by Park for domestic uses as well as the existing agricultural 4 uses, applicant agrees to pay the cost of an engineering y, study to be performed by Western Engineers, Inc., in accordance with the proposal attached hereto as Exhibit A /f1TT4C N D Upon receipt of the results of said study, Park agrees to 'e SirUC institute appropriate proceedings in said Court; applicant agrees to support such application when filed. • 11. The Applicant and Union Oil Company of California have reached an agreement in the form of a proposed consent decree, the pertinent parts of which have been incorporated in this Ruling of Referee. 12. As a r4+sult of the Stipulation and the proposed Consent Decree which have been filed in this matter, on April 22, 1980, the Application was again referred to the Water Referee by the Water ' Judge for Water Division No. 5. 13. Carbondale Land Development Corporation is engaged in the development of approximately sixty-nine (69) lots for single- family residential development to be located on property owned by CLDC situated on four (4) tracts of land encompassing approximately 476 acres, more or less, located in parts of Sections 11, 14, and 23, Township 7 South, Range 88 West of the 6th P.M. (hereinafter r referred to as "CLDC Property"). CLDC has also entered into agreements with others for the inclusion in this plan of an additional three (3) single-family residences to be located on property owned by them and situated within Section 17, Township 7 South, Range 87 West of the 6th P.M. (hereinafter referred to as "Agreement Properties"). Thus, a total of no more than seventy-two (72) single-family residences will be included within this plan for augmentation. 41 14. Applicant proposed to utilize a total of sixteen (16) wells to supply water to the 72 lots. Thirteen wells will service 69 of the lots through a central water system; the remaining 3 wells will be domestic wells located upon and servicing individual lots. The wells involved herein are as described in Paragraph 2 above, at the locations as described in Paragraph 5 above. • 15. On the basis of year-round occupancy by 3.5 persons per lot (252 persons), each utilzing 90 gallons of water per day, the annual diversion requirement form the wells involved herein for in-house uses will be approximately 25.40 acre-feet. 16. The waste water generated from the lots will be disposed of through individual septic tank and leachfield disposal systems de- signed to minimize evapotranspiration. The consumptive use of water 41 used for in-house purposes is estimated to be 12% of the amount diverted, or a maximum of 3.05 acrefeet per year. The remainder of the water diverted.through the wells for in-house purposes will be returned to the Cattle Creek watershed. Of the 3.05 acre-feet so consumed, 1.52 acre-feet will be consumed during the period May through October, when the Park Ditch has historically been used for irrigation and the wells are not expected to be permitted to divert water under their own decreed priorities. The remaining 1.53 acre-feet will be consumed 41 during the period November through April, when the wells are expected to be permitted to divert water under their own decreed priorities. -4- • • 1;14: 5:)1 r :€2b .10 17. Applicant shall adopt restrictive covenants and deed restrictions binding upon subsequent purchasers and current owners for each lot or parcel involved herein which will limit the use of water from the wells as follows: three (3) lots, the Agreement Property, shall be permitted to irrigate no more than 2,500 square feet of lawn and gardens each; the remaining 69 CLDC lots shall be permitted to irrigate no more than 1,000 square -feet of lawns and gardens per lot. There will, thus be a total of 1.76 acres of irrigated lawn and garden area with a diversion requirement of 5.27 acre-feet and a consumptive use of 3.51 acre-feet, annually. This 3.51 acre-feet of consumption will occur during the period May through October, when the Park Ditch water rights have his- torically been used for irrigation and the wells are not expected to be permitted to divert water under their own decreed priorities. 18. Applicant further proposes to permit residents of 39 lots only to maintain no more than two (2) horses per lot; no other livestock shall be permitted. Based upon 11 gallons of water per day each, assuming 100% consumption, there will be an additional 0.96 acre-feet of water consumed each year. Of this, 0.48 acre-feet will occur during the historic irrigation season and 0.48 acre-feet during the historic non -irrigation season. 19. The total consumption of water as a result of Applicant's development and th three (3) additional lots included within this plan is, therefore/ expected to be as follows: 1 May -Oct Nov -Apr Total In-house 1.52 1.53 3.05 Irrigation 3.51 0 3.51 Equestrian 0.48 0.48 0.96 Total 5.51 2.01 7.52 • 20. Applicant is the owner of, and shall cause to be committed for augmentation purposes hereunder, five (5) shares of the capital stock of the Park Ditch and Reservoir Company. Historically, each share of stock has entitled the owner to an annual average yield of approximately 2.4 acre-feet of water in storage in the Consolidated Reservoir and 31.44 acre-feet of water under the direct flow water rights adjudicated to the Park Ditch. 21. Applicant's 5 shares of stock in the Park Ditch have historically been used to irrigate approximately thirty-two (32) acres of alfalfa and native hay meadow. Under irrigation practices 1 of the area, the average consumptive use per acre has been re -feet per year, or a total of 48 acre-feet for the Applicant's ve (5) shares. 22. The location of the thirty-two (32) acre tract historically irrigated as set forth above is generally described as being in the South Half (S1) of Section 14, Township 7 South, Range 88 West of the 6th P.M. 23.) This Plan for Augmentation will make 48 acre-feet of water availabje/to Cattle Creek each year to replace depletions from the wells, thereby permitting Applicant to divert through the wells during periods when the wells could not legally divert under their own decreed priorities, without causing injury to other water rights. Applicant will consumptively use a maximum of 5.51 acre-feet of water per year through said wells during the period May through October, when the wells are expected to be unable to divert water under their own decreed priorities. Therefore, 42.49 acre-feet of consumptive use per year will be available to the Applicant by virtue of the 5 shares for additional use. -5- • • • isti;ix 591 r!rE211 24. The operational schedule of this plan for augmentation shall be as follows: (a) Water required for augmentation purposes hereunder will be diverted through the Park Ditchin accordance with the provisions herein. (b) During the months November through April, inclusive, the Applicant is expected to be entitled to divert sufficient quantities of water under the wells' own 1979 water rights, and augmentation of such diversions shall not.be required. (c) During the months May through October, inclusive, • Applicant shall cause to be released through the Park Ditch 5.51 acre-feet of water, 3.39 acre-feet during the months of May, June, and July, _12yvirtue of the Applicant's interest in the water rights decreed to the Park Ditch, and 2.12 acre-feet during the months of August, September, and October by virtue of Applicant's interest in the water right decreed to the Consolidated Reservoir, through an augmentation station to be constructed by Applicant with the approval of the Division 41 Engineer and Objector Union Oil Company, to be operated by the Park Ditch Company. Said releases shall be made at such times and in such amounts as are directed by the Division Engineer. i (d) Applicant shall permanently remove from irrigation the 32 acres of land historically irrigated by the 5 shares of Park Ditch stock. 25. The Park Ditch water rights may be changed from irrigation use purposes to domestic, irrigation, augmentation, exchange, and all other beneficial purposes for use herein without injuriously affecting any owner of or person entitled to use vested water rights or decreed conditional water rights. • 26. If the Plan for Augmentation is operated and administered in accordance with the above -detailed description, it will have the effect of replacing water in Cattle Creek and its successor streams at the time and place and in the amounts of the depletions caused by the development's use of water. As a result, the underground water to be diverted by the wells set forth in Paragraph 14, above, which would otherwise be considered as fully appropriated and unavailable for use, will now be available for appropriation without adversely • affecting any owner of or person entitled to use vested water rights or conditionally decreed water rights on Cattle Creek, its tributaries or successor streams. • • • • 27. All current and subsequent purchasers of CLDC and Agreement Property as hereinabove described will be bound by the terms of the decree in this matter, and the decree shall be filed of record in Garfield County and thereby constitute a covenant running with the land. The deed restrictions and restrictive covenants running with the property involved herein shall allow the use of water only as set forth in this plan for augmentation and shall prohibit all other uses. 28. The Referee finds that the imposition of the conditions set forth herein, wells for the described purposes only may be con- structed and utilized without adversely affecting any vested water rights or decreed conditional water rights on Cattle Creek, its tributaries, or successor streams, and that, by the institution of the plan for augmentation and change of water rights herein approved,,(CLDC, owners of the Agreement Property, their purchasers, successors or assigns may secure permits for use and such wells or other structures without adversely affecting any vested water rights on Cattle Creek, its tributaries or successor streams and without the -6- • (SOUK 591 NYE2S• necessity of administering or curtailing the withdrawal of water therefrom, so long as the conditions outlined herein are met. It is specifically found that this plan for augmentation, based upon the average historic consumptive use of 48 acre-feet from the five shares of Park Ditch Company stock which is the subject hereof, will prevent injury to other water rights as a result of the diversions of water.to supply the 72 lots, however no plan for augmentation for other properties or structures utilizing the 42.44 acre-feet of excess historic consumptive use is determined or decreed hereby. 29. The plan for augmentation and change of water rights set forth herein is one contemplated by law. The Applicant is entitled to a decree approving the Plan for Augmentation and Change of Water Rights set forth above. 30. The change of water rights and operation of the Plan for Augmentation involved herein will cause unappropriated water to be available for the Applicant to divert through the water rights to be augmented as set forth hereinabove; the availability of unappropriated water to the stream will permit diversions through said structures without injuriously affecting owners of or persons entitled to use water under vested water rights or decreed conditional water rights, including Objectors herein, provided said structures are operated in accordance with the Plan for Augmentation and Change of Water Rights herein involved. 31. The P1rk Ditch water rights utilized pursuant to this Plan for Augmentation shall not be deemed abandoned pursuant to the commitment of said shares in the Plan for Augmentation involved herein. 32. This Ruling of Referee and decree constitute a portion of the law required to be enforced by the State Engineer and Division Engineer within the meaning of C.R.S. 1973, 37-92-202(2), 37-92-301, and 37-92-501(1). The State Engineer may lawfully be required under the terms of this Ruling of Referee and decree to administer the Plan for Augmentation in the manner set forth herein and not to curtail diversions, in times of shortage, through said structures, the depletions for which are compensated by the operation of the Plan for Augmentation and Change of Water Rights herein approved. The Division Engineer may lawfully curtail diversions through said structures included herein if they or other features of this Plan for Augmentation are being operated or used in violation of the terms and conditions as outlined herein. • The Referee does therefore conclude that the above -entitled Application for Approval of Plan for Augmentation and Change of Water Right should be approved, and the structures as described herein may he operated in accordance with this Plan for Augmentation, without • State administrative curtailment for the benefit of senior appro- priations, so long as the terms and conditions herein set forth are fully adhered to throughout the operation of this Plan for Augmentation, and that the State Engineer shall issue permits for the wells, pursuant + to C.R.S. 1973, Section 37-90-137, subject to the conditions that said wells shall be equipped with totalizing flow meters, shall be operated only in accordance with the Plan for Augmenation as set forth herein, and diversions shall be curtailed through said structures included • -7- • • unflx 591 r!J E2S6 herein if they or other features of this Plan for Augmentation are being operated or used in violation of the terms as set forth herein This plan for augmentation shall not become effective, and no well permit shall be issued based upon it nor shall existing wells be protected by it, until all structures and devices required as described herein have been constructed and are operating. • 411 Applicant, its successors and assigns, shall be permitted to continue to utilize the subject five shares of stock in the Park Ditch Company, for irrigation in the historic manner until such time as well permits for the 72 single family residences are applied for and Applicant, its successors or assigns, desires to put to use the 42.49 acre-feet of additional historic consumptive use determined to be available hereby. Applicant,/ as the direction of the Division Engineer, will terminate the historic irrigation of 32 acres at such times and to 4111 such extent as are necessary to limit the consumption of water from • • • • • • the subject five shares for all purposes including the subject wells to no more than 48 acre-feet per year. 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, C.R.S. 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at. the City of Glenwood Springs, Colorado, this Z9 day of AL -'LJ -sr , 1980. No prates The forego' and approve Judgment and Dated: was filed in this matter. g ruling is c. urnncl an. 's made the me of WATER Jt; —8— BY THE REFEREE: ter Referee ater Division No. 5 State of Colorado •9 GitpK 1 Ptr.Etis'• No protest was filed in this matter, and accordingly.;�the foregoing is confirmed and approved, and is made the' 'Judgment and Decree of this court; provided, however, that the approval of this change of water right and Plan for Augmentation shall be subject to reconsideration.by the Water Judge on the question of injury to the • vested rights of others during any hearing commencing in the". -Zoo calendar year's succeeding the year in which this decision is' rendered. • • • • • • • • -9- • • Exemption subdivision, J. R. Hunt, 9-5-89 H. Reason why exemption is being requested: Over the years, taxes on this property have increased significantly, and I feel I can no longer carry a property that is not self-supporting. Referring to the map that is attached to the application as Attachment "A", you will see that the property is split into three parcels by County Road 113. I am asking the County, pursuant to the discretion it has as set forth in Section 8:52 of the Garfield County Subdivision Regulations, to determine that the County Road has split the property into three parcels which need not be considered to have been created by exemption with regard to the four -lot limitation. Therefore, I am asking that Parcels 4, 5, 6, and 7 be allowed pursuant to the subdivision exemption provisions of Section 8:52. In addition, Fisher Creek divides what are proposed to be Lots 1 and 2. Immediately adjacent to Fisher Creek to the West, there is a road that follows the creek and con- nects County Road 113 with property to the North. I am also asking that the County, in its discretion, determine that proposed Parcels 1 and 2 are not subject to the four -lot limitation on the grounds that these parcels are split by a natural feature (i.e., the road and Fisher Creek) and, therefore, may be created without regard to the four -lot limitation. In conclusion, we are asking the Board of County Commissioners to determine, in its discretion, that proposed Lots 1 and 2 are not subject to the four -lot limitation on the grounds that these parcels are divided by a natural feature, and that County Road 113 (a public right-of-way) similarly divides the property into three parcels (Lots 1 and 2, Lot 3, and proposed Lots 4, 5, 6, and 7) and, therefore, is not subject to the four - lot limitation. Thus, the proposed subdivision exemption is of the property to the South of the County Road, and I am requesting subdivision exemption approval for Lots 4, 5, 6, and 7. 4 • Exemption subdivision, J. R. Hunt, 9-5-89 H. Reason why exemption is being requested: Over the years, taxes on this property have increased significantly, and I feel I can no longer carry a property that is not self-supporting. Referring to the map that is attached to the application as Attachment "A", you will see that the property is split into three parcels by County Road 113. I am asking the County, pursuant to the discretion it has as set forth in Section 8:52 of the Garfield County Subdivision Regulations, to determine that the County Road has split the property into three parcels which need not be considered to have been created by exemption with regard to the four -lot limitation. Therefore, I am asking that Parcels 4, 5, 6, and 7 be allowed pursuant to the subdivision exemption provisions of Section 8:52. In addition, Fisher Creek divides what are proposed to be Lots 1 and 2. Immediately adjacent to Fisher Creek to the West, there is a road that follows the creek and con- nects County Road 113 with property to the North. I am also asking that the County, in its discretion, determine that proposed Parcels 1 and 2 are not subject to the four -lot limitation on the grounds that these parcels are split by a natural feature (i.e., the road and Fisher Creek) and, therefore, may be created without regard to the four -lot limitation. In conclusion, we are asking the Board of County Commissioners to determine, in its discretion, that proposed Lots 1 and 2 are not subject to the four -lot limitation on the grounds that these parcels are divided by a natural feature, and that County Road 113 (a public right-of-way) similarly divides the property into three parcels (Lots 1 and 2, Lot 3, and proposed Lots 4, 5, 6, and 7) and, therefore, is not subject to the four - lot limitation. Thus, the proposed subdivision exemption is of the property to the South of the County Road, and I am requesting subdivision exemption approval for Lots 4, 5, 6, and 7. • • Exemption subdivision, J. R. Hunt, 9-5-89 Demonstration that the parcel existed as described on January 1, 1973, is provided in the copy of the deeds enclosed under item C. above. • • Exemption subdivision, J. R. Hunt, 9-5-89 J. Copy of payment of $100.00 application fee attached. • WATER AGREEMENT AND LICENSE THIS AGREEMENT made and entered into this 26, day of (v6- , 1989, by and between CARBONDALE LAND DEVELOPMENT CORPORATION, a Colorado corporation (hereinafter "Seller") and J. RICHARD HUNT (hereinafter "Purchaser"), WITNESSETH: WHEREAS, Seller has agreed to sell certain property described in Exhibit "A" attached hereto and incorporated herein by this reference, and Purchaser has agreed to purchase said property pursuant to the terms and conditions set forth herein; and WHEREAS, Seller has agreed to provide by this Agreement for the benefit of Purchaser five (5) acre feet of consumptive use water decreed in excess of Carbondale Land Development Corporation's requirements pursuant to an augmentation plan decreed in Case No. 79CW097 (Water Division No. 5); and WHEREAS, the parties wish by this Agreement to set forth the terms and conditions of the provision of said water. NOW THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties agree that: 1. Seller hereby perpetually licenses with an interest and grants to Purchaser five (5) acre feet of adjudicated consumptive use water decreed in Case No. 79CW097, Water Division No. 5, State of Colorado, as more particularly described in Exhibit "A". Said water shall be perpetually used in accordance with the terms and conditions set forth within the Decree in the above referenced water right proceeding. 2. The parties recognize that the conveyance hereunder shall be that of the grant of a perpetual license for water decreed as consumptive use water by virtue of Seller's ownership of certain shares in the Park Ditch and Reservoir Company; this Agreement shall not obligate Seller in any manner to provide physical water to Purchaser's place of use or finance any Water Court proceeding on behalf of Purchaser. Seller will cooperate, with no expense to Seller, with any proceeding necessary to transfer the subject water right to the Purchaser's place of use. 3. This conveyance shall be in the nature of a quit -claim license of five (5) acre feet water subject only to the covenant and warranty of Seller that Seller is the owner of the five (5) shares of the Park Ditch and Reservoir Company involved in Case No. 79CW097, and the Seller grants the subject water free and clear of all liens, security interest, pledge, or encumbrances of any nature whatsoever; the foregoing warranty shall include any party which holds any security interest, lien, or encumbrance on proportionate interest for the stock certificates which serve as the basis of title for the water • rights decreed to be in excess of Seller's requirements in Case No. 79CW097, Water Division No. 5, Colorado, granted herein. Seller covenants to pay all assessments and to maintain in good standing said shares so as to not result in any attachment, lien, encumbrance; or interference with Purchaser's license of water described herein. Seller further agrees to hold the amount of shares representing the quantity of water licensed herein in trust for the benefit of Purchaser for purposes of this Agreement. 4. Notwithstanding any provision herein to the contrary, Seller agrees that Purchaser may, but is not obligated to, seek the approval of the Park Ditch and Reservoir Company for the issuance of a stock certificate in the name of Purchaser for the amount of water licensed herein. Seller agrees to cooperate in this effort if undertaken by Purchaser. If successful, Purchaser shall thereafter be solely responsible for payment of assessments on any shares owned by Purchaser. 5. The consideration for this Agreement is $12,500.00, receipt of which is hereby acknowledged by Seller. The parties further agree that this Agreement may be specifically enforced in a court of competent jurisdiction by either party. In the event of a breach, the prevailing party shall be entitled to reasonable attorney fees and costs. 6. This Agreement is and shall be binding upon and inure to the benefit of the heirs, successors and assigns to the parties hereto. 7. By signing this Agreement, the parties represent to one another that all procedures necessary to validly execute this Agreement have been duly performed and that each party is empowered to do so. WHEREFORE, the parties have executed this Agreement in duplicate originals on the day and year first above written. CARBONDA LAND DEVE By: T CORPORATION B'`UCE KISTLRR v President V l C.e., ATTEST: Secretary . RICHARD HUNT STATE OF COLORADO COUNTY OF • ) ) ) SS. The foregoinglinstrument this �/ day of a President and by. LAND DEVELOPMENT CORPORATION. WITNESS my hand and official seal. My Commission expires:y/zz y ,,�-:-;' s 6 //:2(1. c' Notary +-! was acknowledged before me 1989, by BRUCE KISTLER as as Secretary of CARBONDALc STATE OF COLORADO COUNTY OF GARFIELD ) ) ) SS. b1ic The foregoing instrument was acknowledged before me this 26th day of July , 1989, by J. RICHARD HUNT. WITNESS my hand and official seal. My Commission expires:3/13/93 Nota Public 40 • EXHIBIT "A" TO WATER AGREEMENT AND LICENSE BETWEEN CARBONDALE LAND DEVELOPMENT CORPORATION (SELLER) AND J. RICHARD HUNT (PURCHASER) Five (5) acre feet of water historically consumptively used by virtue of the Seller's interest in five (5) shares of the Park Ditch and Reservoir Company, decreed to be in excess of the Seller's requirements as described in Paragraph 23 of the Decree entered in Case No. 79 CW 97, Water Division No. 5, Colorado, representing a proportionate and equitable interest in the water rights of the Park Ditch and Reservoir Company generally described as follows: PRIORITY QUANTITY APPROP. ADJUD. CIVIL STRUCTURE NUMBER (ACRE FEET) DATE DATE ACTION Consolidated Res. 8B 595.0 09/08/98 02/15/21 2144 Consolidated 678 285.6 09/01/48 06/20/58 4613 Consolidated 754 410.0 09/01/48 11/15/71 5884 PRIORITY QUANTITY APPROP. ADJUD. CIVIL STRUCTURE NUMBER (c.f.s.) DATE DATE ACTION Park Ditch 221A 9.0 09/12/04 06/26/13 1627 Park Ditch 221A 1.8 09/12/04 04/16/17 1627 Park Ditch 232 4.1 07/01/12 06/09/16 1821 Park Ditch 232 2.0 07/01/12 09/05/18 1973 Landis Canal 718 170.0* 06/20/58 07/29/53 80CW113 * Alternate point of diversion for 20.0 c.f.s. of the Basalt Water Conservancy District's 170.0 c.f.s. Landis Canal water right not involved in Case No. 79 CW 97, Water Division No. 5, Colorado