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Home My WebLink About1.0 Application• • July 19, 1985 Mr. Mark Bean GarCo. Dir. of Dev. 109 8th Glenwood Springs, Co. Dear Mr. Bean, We would like to request permission to change the acreage divisions of our S.B. 35 exemption as shown in Rec. # 290397. The S.B. exemption formed two 23 acre parcels. Our requested adjustment would move the dividing line between the parcels to form a 25 and a 21 acre parcel. This makes a more practical split with regards to topography. Very truly yours, Emma Jo Hoy Officers President (303) 625-1235 Carl H. Bernklau 7880 309 Road Rifle, Colorado 81650 Vice President Harold Shaeffer 5957 319 Road Rifle, Colorado 81650 Sec. Treas. Nora Ruth Bernklau 7880 309 Road Rifle, Colorado 81650 Attorney Russell George P.O. Box 907 Rifle, Colorado 81650 • • West Divide Water Conservancy District POST OFFICE BOX 1478 RIFLE, COLORADO 81650-1478 February 23, 1987 Dr. Jeris Danielson, State Water Fngneer Divi 3Hn of NatAr Resources 1313 Sherman Street, Room 818 Denver, Colo7ado 80203 Board of Directors Carl H. Bernklau 7880 309 Road Rifle, Colorado 81650 Leonard Christensen 10879 311 Road Silt, Colorado 81652 Gregory Durrett 926 Blake Avenue Glenwood Spgs.,C0 81601 Harold Shaeffer 5957 319 Road Rifle, Colorado 81650 John Martin 13112 Highway 82 Carbondale, CO 81623 Dear Dr. Danielson; Enclosed please find a copy of Contract #861212 — LEH For Augmentation/ Exc`lange . tel. under our Umbrella plan. Sincerely, Nora Ruth Bernklau Secretary, kJIVICD Fnc/ r/c to: Division #5 Wat=r Resources Garfield County Planning Department, for*do River Water Conservation District 1• cM1 v r� , 'We c:e9 mAk 0319$7 N A. AP B. WA C. INTE D. OTHE ,LICANT NAME ADDRESS TEL. AGENT APP. ,e - CATION FOR PURCHASE OF WATERS FROM THE WEST DIVIDE WATER CONSERVANCY DISTRICT / L--- EeL ' l' 7 NO .'' / I- , — OR REPRESENTATIVE rER NAME LOCATION RIGHT TO BE AUGMENTED OF RIGHT - , i , ; 'c bk-R_L t---- 0 OF DIVERSION POINT -r-, c S R. (-41 Iv • AL -. ,, _ -' ,._ r t" 1 1-• ta. o iA;r 1) c L'i "T IA S I' (,) '-. 1 Fc. 1 WATER 4D LOCATION DESCRIPTION COURT CASE NO. ED USE OF AUGMENTED WATER RIGHT, OF AREA OF USE 't ___g. t C -111 ._ OF PROJECT .2) ( L-_. L S "IA C.- ',:---- 1..._(_ - NO. PROPOSED PROPOSED PROJECTED R REMARKS: - OF DWELLING UNITS L TOTAL ACREAGE 2- / . 7 POTABLE WATER SYSTEM (ZI-4- .1.-_P__1.4..' -I d_vic WASTE -WATER TREATMENT SYSTEM (2-) u A---) MONTHLY VOLUME OF AUGMENTATION WATER NEEDED: / /-- MAY /1-2--- JAN FEB MAR f/A/ APR /1 /./ JUN JUL AUG 107_0--- SEPT NOV_DEC ANNUAL TOTAL MAXIMUM ONSTANTANEOUS DEMAND _,0 3 3 CFS Ci 5 G- P m) -, DA _ SIGNATURE OF AGENT OR REPRESENTATIVE Application to West Divide Water Conservancy District for Water Allotment Contract (Pursuant to C.R.S. 1973, 37-45-131) Name of Applicant: Quantity of water in acre feet applied for herein: Applicant, named above and hereinafter referred to as "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, e • 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, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein, which will be supplemented by waters leased herein. 2. Quantity: Water in the quantity 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 the beforementioned 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 for the Applicant 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 pursuant to its direct flow water right will be limited by the priority of the District's decrees, and that any quantity allotted will only be provided so long as the Applicant fully complies with all of the terms and conditions of this contract. The District and the Applicant recognize that the District's decrees are in the name of the Colorado River Water Conservation District, and the ability of the District to allot a comparable direct flow decree to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. In the event such consent is not forthcoming when the water is needed by the Applicant, the Applicant shall be responsible for obtaining other comparable direct flow water rights, and, in such event, the District shall release up to the above mentioned acre-feet per year of storage water for the Applicant owned or controlled by the District during times when said water right is not in priority. At such time as the District does acquire the ability to allot its direct flow rights as herein provided, such allotment shall be made to the pplicant, and upon obtaining by the Applicant of a decree for change in point of diversion for said direct flow right to this poin of diversion, the District's obligation to deliver storage water as herein provided shall be reduced to accordingly. In either e ent, if at any time the Applicant determines it requires less water than those amounts herein provided, it"may so notify the D strict in writing, and the amount of water allotted under this contract shall be reduced in accordance with such notice. Rat s 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 followin beneficial use or uses: Municipal, domestic and related uses or irrigation and commercial (except Ruedi water which is ot available for irrigation and commercial). Applicant's b neficial use of any and all water allotted shall be within or thr ugh facilities or upon land owned, lease, operated, or under Applicant's control. Such facilities or lands serviced will be locat d entirely within the boundaries of the District. 4. Decrees and Deliver: Exchange releases made by the District out of storage from Ruedi Reservoir or other works and facilities of the District or from other sources available to the District shallbe delivered to the Applicant at the outlet works of said storage facilities and release of water at such outlets shall consti ute performance of the District's total delivery obligation. Delivery of water by the District from Ruedi. Reservoir shad 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 laws, rules and reg lations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make e change releases from structures that may be built or controlled by the District in the future, so long as the water service to t e Applicant is not impaired by said action. Any quantity of pplicant's allocation not delivered to or used by Applicant by he end of each water year (October 1) shall revert to the water upplies of the District. Such reversion shall not entitle appli ant to any refund of payment made for such water. 5. Alternate Point of Diversion: Requests for alternate poi ts of diversion of the District's water rights or storage water may be required in order to provide Applicant the water service contemplated hereunder. The District reserves the exclusive right to review and approve any conditions which may be attached to ju icial approval of said alternate point of diversion as contemplatzd or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible far 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 -2- crks and facilities necessary to obtain/divert the waters at said a'ternate point of diversion and deliver them to Applicant's intended eneficial use. Irrespective of the amount for water etually ransferred to the Applicant's point of diversion, the iplicant shall make annual payments to the District based upon the amount of water allotted under this agreement. iervice de )t Direct° ennual pay after the is due. things, of app Annul pa:1, • the Ap 1..yment is sent by n eignated esignated epplicant' ietrict a shall_ be t • er use tle entire • Annual Payment: Annual payment for the water ribed herein shall be determined annually by the Board s of the District at a per acre-foot rate. The initial ent shall be made, in full, within thirty (30) days ate of notice to the Applicant that the initial payment aid notice will advise the Applicant, among other the water delivery year to which the intitial payment y and the price which is applicable to that year. ents for each year thereafter shall be due and payable licant on or before each January 1. If an annual not made by the due date, written notice thereof will the District to the Applicant at such address as may be by the Applicant in riting. (If no address has been so in writing, then said notice shall be sent to address set forth herein.) All parties within the lotted water pursuant to the powers of the District reated uniformly for all parties with similar uses. or any part of a water year shall require payment for water year. f payment is not made within ten (10) days after the date of sa.d written notice, Applicant shall at District's sole option ha e no further right, title or interest under this contract w thout further notice; and the allotment of water, as herein mad, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. In the event water deliveries hereunder are made in coperation with some other person, corporation, quasi -municipal governmental entity, said person, corporation, eeasi-municipal entity or governmental entity is hereby authorized to curtail water service to Applicant without liability to the Ditrict, or said other person or entity, in any respect at the cie optio and request of the District. Said service may continue ti be terminated as long as payments contemplated hereunder, cgether with all past due payments, are in arrears. 7 Security: As security to the District, the teregoing c venant of annual payments in advance of water delivery will be fu.i y met by annual budget and appropriation of funds from such sourc s of revenues as may be legally available to the Arplicant. As additional security to the District, the Applicant will hold iarrnless any person, corporation, quasi -governmental entity, or other governmental entity, for discontinuance in service du to the failure of the Applicant to maintain the payments he ein contemplated on a current basis. -3- 8. Assignment: This agreement shall inure to the benefit of the heirs, successors and assigns of the parties hereto. 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 said District; and all amendments thereof and supplements thereto. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the Board of Directors of the District if and when the Board of said District determines in its sole discretion that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the rules and regulations of the Board of Directors of the District. Said agreement may contain, but shall not be limited to, a provision within the terms of standard allotment contracts of the District; 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 to the extent such change in use and/or change in land use would require approval of local or state governmental authorities pursuant to land use laws now or hereafter in existence. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in Exhibit A attached hereto 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 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 plank, adopted hereafter by the District for use of District owned or controlled water or water rights. -4- 15. Residential Restrictions: Applicant shall restrict lawn and garden uses to a maximum of six thousand square feet per household served with water obtained from the District. APPLICANT: By APPLICANT ADDRESS: 04-1,11 / C(lvde_.( (/ 7 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of ; , by jt. Witness my hand and official seal. My commission expires: Notary Public Address ORDER ON APPLICATION After a hearing by the Board of Directors of the West Divide Conservancy District on the above application, it is hereby ORDERED that said application be granted and this contract shall be sgd;i4,00Ccepted by the District. g , WEST DIVIDE CONSERVANCY DISTRICT BY C -44-C. "1:1,/ 014,1i 4,41 President ATTET /Secrets y 19 This agreement is subject to the terms and conditions of all exhibits attached hereto, Exhibit A of which shall be the District's 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. -5-