The URL can be used to link to this page

Home My WebLink About1.0 ApplicationKer.r Greer'te 65 fiau r^e L"P< E I Ja-\o. \ t" 81gz3 o |,t,^u Q1o- 1L3 - k>Az- cKt o>7o $ 3zq"P- o PIan rinal PIat SUBDIVISION APPLICATION FORM Sket-ch PlanPr eI lmlnary SUBDIVISION NAME:3io"s ,o ^nrJk OWNER:l(n u *., {-h 5 G reeor (= ENG INEER/PLANNER/S URVBYOR :G"r4lJ, LOCATION: Section Townsh ip 7 Rang . Srrt]^ 2" rtN t'ees WATER SOURCE:(^) SEWAGE DISPOSAL METIIOD:i-*". " h tri.-l,l PUBLIC ACCESS VIA:G..,a f)- A RR}EXISTING ZONING: EASEMENTS: UtiIitY Ditch TOTAL DEVETOPMENT AREA: (1)Residential Single FamiY DupIex MuI ti -fami IY Mobile Home (21 Commerc iaI Number Acres /I .ol Floor Area Acres sq. ft. sq. ft.(3) (4) (s) Industr iaI Publ ic as i -publ ic op en Space/Common Area PARKING SPACES: Res idential TOTAL: Commercial Industr ial o o Garfield County Building & Planning Department 109-8m Street, Suite 303 Glenwood Springs, CO 81601 Dear Sir, July2,2002 attached ln your letter dated January 18, 2002, you asked that I provide additional information regarding the "Black Diamond Mine Subdivision Sketch Plan." The answers to your questions regarding "Land use breakdown" are as follows; 1. Existing zoning and proposed zoning changes, if applicable.........AARD 2. Total developmentarea..........9.01 acres 3. Total number of lots proposed...... ....2 (two) 4. Total number of dwelling units proposed... ... ....2 (two) 5. Total area of proposed non-residential floor space..........0 (zero) 6. Total number of individual dwelling units proposed for each structure... ... 7. Totial number of proposed off-street parking spaces... ... ....0 (zero) 8. Total proposed density...... ....one lot per 4.5 acres 1 (one) All of the above information can also be found in the upper left corner of the topography plat that I have submitted. The answers to your "Supplemental information" are as follows; A. Source and amount of water supply...... ... ...1 have enclosed a copy of my existing well permit along with the well test results. l've also enclosed a letter from West Divide Water Conservancy District. That lefter states that my application to purchase water rights for a second in-house well permit has been approved. That letter is dated January 13, 2000, contract #FM991 1 1 7KG. B. Proposed type of sewage disposal... .. . . .. .. ISDS C. U.S.D.A. Soil Conservation Service soil designation, with interpretation tables .. ....1 have included this request in the packet. D. Statement assessing the impact of the proposed subdivision on the lakes, streams and topography of the site... . . . ... . Please see attached letter. E. Statement assessing potential radiation hazards to the site known hazards of any type. There are no G. Anticipated source of electricity, natural gas, telephone and cable T.V. services..........There is a live 200amp temporary electrical service existing on the proposed upper five acre property along with existing underground live telephone service. Gas will be propane. T.V. will be satellite. There are existing Holy Cross power poles on the proposed lower four acres. Thank you, oo Jlu/ry 2,2002 Garfield County Building & Planning Department 109-8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Impact On Lakes And Streams Dear Sir, In reference to Item D, under supplemental information..........There is a live year-round stream (Black Diamond Mine Creek) that spans both proposed properties via Sunlight Water Company. Three Mile Creek water is diverted to Four Mile Creek using Black Diamond Mine Creek as its route. There are no lakes in the area. There is more than adequate room on each of the two proposed properties to comply with Garfield County "set-back" requirements from streams. I plan to build a home on the five-acre parcel and to sell the four-acre parcel if subdivision is granted. The last thing I would want to do is create a pollution problem for myself or my neighbors. I don't forsee any impact on the stream or on the environment. [n fact, I think a leach field would help to keep the ground moist and would facilitate new vegetation growth. Thank you, Kenneth J oo July 2,2002 To Whom It May Concern, I bought this 9.01 acre site l1 years ago. I had hoped that one day I would be able to build a small log cabin on it and spend my retirement years there. I enjoy the beautiful views of Mt. Sopris and the peace and quiet that this property has to offer. I worked on improving this property for almost seven years, dedicating all of my spare time and money to my dream project. I ended up running out of money and was forced to put it up for sale. It sat on the market for four years, but never sold. Two years ago, after being divorced for 15 years, I remarried a wonderful woman. As soon as I showed her my property, she fell in love with it. Naturally, she didn't want me to sell it. I explained the financial complications. About a yea.r ago, we came up with what we both thought was a brilliant idea. If I could subdivide and sell off one of the lots, I could pay offmy mortgage and at least get a start on building my retirement cabin.. I will be 60-years-old on December 9,2002. That's not too far away from retirement. I don't own a house or any other property other than my 9.01 acres. My wife has an old farm house (also in Garfield County) that will be paid off in six or seven years. We plan to sell that property and use that money to complete our retirement home and property. I don't want to live in the city or in a crowded subdivision. I am only asking to split my property into two parcels. Both proposed properties are very private, due to the thick trees and the rolling terrain. I won't be able to see any of my neighbors. The old railroad tracks to Sunlight Mine have created a barrier between the proposed upper and lower properties. There is about a 12 foot drop in elevation between the two properties. As it currently sits, there is no way to access the lower property from the upper property without going out to County Rd. 126 (due to a driveway easement). I had to get a second driveway permit off County Rd. 126 just to gain access to this lower four acres. Both properties have great building sites and easy access from the road....just not from one to another. I don't want to "overbuild" in this area. My neighbors and I all have the same goal. Everyone who lives along County Road 126 values their privacy as much as I do. That is why I am requesting that one house per four and a half acres be granted. According to Garfield County Rules & Regulations, I can currently build a main house and an accessory dwelling on my 9.01 acres. I have a second well allocation from West Divide Water Conservation and since Sunlight Water Company now diverts water right through both proposed properties, there is more than adequate ground water to support a second well. If you could see the way these two proposed properties are "naturally" subdivided, I think you would understand why I feel that my request for subdivision is a reasonable one. Thank you for your consideration.Y'"4 FORM NO. GWS-11 r,7193 OFFICE OF THE 818 Centennial Bldg., (303) 86G3se1 :,ltlufusT?.", .,- aq.l Colorado 80203 STATE OF COLORADO PRIOR TO @MPLETING FORM, SEE INSTRUGNONS ON REVEHSE SIDE CHANGE IN OWNERSHIP/ADDRESS / LOCATION WEtl- PERMIT, LN/ESTOCKTAT'IK OR EROSION @NTROL DAITI 1 Phone $lO ) -g f tbt);_ NAME(S) Mailing Address City, St Zip For Otfice use -onlY-- .,1 tTr'Tf f;ffrtFLzy' 23 23Vfo// coo2o O /n: zyaa f /. )- )t'/ laurl 0.6r // f B<, t, -;1- s 3sza t'"' -'r tSin/'g6'/9a' a. 6's : "' 42, 2.THIS CHANGE IS FOR ONE OF THE FOLLOWING: LIVESTOCK WATER TANK NUMBER .T tr EROSION CONTROL DAM NUMBER 8D,-+gW *ruPERMtr NUN'IBER OWNER'S WELL DESIGNAION . C--[< ;y:.rdt . 5. p., ji, 6_.!c_ /, rc,iql, (%9 d".,^^nu, €-f ]r..,ffi. b-k;1/+**. lJ { ,,o,se". I rup.l8. n *. o, Subdivision .. S. Line, M. ,Al4 ,x Distances from section Lines 3,Ef1A .. Ft. from [-l Block ... . ...... Filing (Unit). W. Line.E. or l/ELL LOCAnON: COUNTY G..a.clffi,',-c"RdlAa: (Address) N. or Lot €tao- l (zp) lSb.a Ft. rrom .). 4.LIVESTOCK TANK OB EROSION CONTROL DAM LOCA'IION: E *. o.n.., Ranse....... l-l=. o,,w. ................ P.M.1/4, Sec. TwP. 5. I (we) have read the $atements made herein, know the contents thereof, and sitate that they are lrue to knowledge.my (ou0 constitutes tnstatementshereinthec.R.s.of false perjurySection1244-04to (1 (a)3)makingIPursuant 1 misdemeanorISandasclassCT .1theseconddegreepunishable lv- t1-1 DatesigName/Title (Please type or print) lG.,t.*h 5, &. ee.r e The above listed owner(s) say(s) that he (they) own the structure described herein. the followi reason(s)The exi$ng record is being amended for l["n^nn"in name of owner. 6 Change in mailing address. FOR OFFICE USE ACCEPTED AS A CHANGE IN OENERSIIIP AND/OR MAILING ADDRESS. Correction of location. Date MD- tseigL-State Engineer Court Case No.- By Div. rco.2J wD 3 g Basin- OFFICE OF THE STATE ENGINEER AND TEST REPORTMPPU STATE OF COLORADO' toRl'l XO 6ss-32 l1l90 1 WELL PERMTT NUMBER AO)A.A Fo. Oficc Uae onlY City, St. ZiP Glen SPgs Co 816o1 945-7 I 7 NSTom H 126S3 Co Rd Phone 970 owNER NAME(S) Mailing Address 3.WELL LOCATION AS DELLED:. SE- OISTEruCES FROM SEC. LINES: LOTSUBDIVISION: AT WEII Rg I^I1/4 wn 1/4, sec.-]2-TwP. 7 s , Range ft. from East Sec. line.sorrth Sec. line.and J-G2.L1,)'?n ft. from (c..t or Et)(nortr o( louth)BLOCK_ FIUNG(UNIT) STREET Shaft size at Other inches. lnstallation ComPleted ql ) lq) Volts lnches, Kind Sch Pump 1 HP sible ?a O PVC245' Pump Model No.PUMP DATA: TVPE Load Amps_j-3-. Feet, DroP/Column Electric Engine Pipe Size TURBINE DRIVER TYPE: Design Head Design GPM Pump lntake feet, Number of OTHER EQUIPMENT: oirun" moano f]yesE No, ortfice Depth ft' Reading SerialMet6rtrGallons, Monitor Tube Flow Meter Acre feet,Thousand Gallons,Meter Readout tnstalled EIY"tEruo, Depth ft. E Cn*r box if Test data is submitted on Supplemental Form. Date Tirne Rate (GPM) Pumping Lvl. ql)lq) 250 |4hr '10 TEST DATA: Total well oepth Static Level Date Measured ChloroxDISINFECTION: TYPe Used 114 Cup a,aitable. EIY.t E ruoWater QualitY o Remarks uc. No.!l[.J&MPumPCo Rd 1670241 Phone ( 97,9)945-61 59 misdemeanor. totruearethatand rnycontentsthetherec,f,theyknowandhereinmadestatementsreadhavethe0.themconstituteshereinstatementsperiuryfalseofthe041c.R.s.,making24+Seaionto 3)(1 (a)IPursuant 1aclassEls1Sandpunishabledegree Mailing Address CONTRACTOR Date )/a'''W,o,^/Name/TitlB (Please tYPe or Print) Richard A Holub Owner Ofllcun 8Ir itlent 876-282 I Kelty Couey 4745 c.R. 315 sih co 81652 $ge President Sarnucl B. Poner 0598 C.R 323 Rifle CO E1650 Treasurcr/Altematc S cc. LaVerne Starbuck 3105 c. R. 342 Silt CO 81651 Secretary William M. Zilm 0O9O Sunlight Dr. Glenwood Sprurgs, CO 81601 o LOD O WEST DIVIDE WATER CONSER.VANCY DISTRICT 124 WEST THIRD S:IREET P. O. BOX 1478 RIFLE, COLORADO 81650-1478 TELEPHONE AND FAX (970) 625-s461 J 2 Borrd of Dirccton Kelly Couey 4745 C_ R 315 silr, co 81652 Willistt!M' 7ilm 0090 Suolight Dr. Glenuood Springs, CO 81601 LaVcme Starbuck 3106c.R 342 Silt CO 81652 Robert J. Zadh. 107 Virginia Roadt Glenuood Sprin8s, CO 81601 Samuel B. Potter 0598 C.R 323 Rifle, CO 81650 t^ \d/ P January 13,2000 Kenneth J. Greene P. O. Box 914 A;pen, CO 81612 D:ar Mr. Greene Enclosed is your approved contract # FM991117KG(a). Please read the contract carefully if you have not already done so, but please especially note paragraph 2 concerning availability of water. West Divide obtains its augnrentation water from a number of sources. Federal policy relating to endangered species, environmental concerns, and forces olnature are always such that no source of water can be guaranteed during any season or from year to year. West Divide continues to make good-faith eftbrts to obtain altemative long+erm supplies in an eftbrt to make reliable and predictable the water supply anticipated by your contract with us. For most years, we expect to be successful in:this effort. This water allotment contract may require you to obtain a well permit from the State Engineer's office. ,Once your well is drilled you are required to install a measuring device and submit a meter reading to West Divide. You will be provided with a special form for this purpose upon notification that your wel has been drilled O - *t c^itryor o Current ll0Il99 i)0ntracL lio i,1ap i D tlo Date Acti vated FM99I1I7KG( a) l5 I - \ - a.F APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DTVTDE WATER CONSERVANCY DISTRICT A. APPLICAIVT t\l o ^.1(:Mailing Address Telephone Nurnlcer 1l O / 1Lr - ed ?-) :!'- Authorized Agent or Represent.ative B. WA,TER RIGHT OWNED BY APPLICANT OR BEING APPLIED FOR Name of Right Crr--<,r<- tJo.-t i Type of Structure or Right l^ret\ Location of Point of Di-version5 e - E--^'n: E,'+ A iption from decree or permiE,)(desc rlcY\eA c Water Court Case No. Well Permit No.(Attach copy of permit.) INTENDED USE OF LEASED WATER Location of Area of Use (Include metes and bounds legal description of ProPert, "" 'g:1 '"1"*tni'o?lrt ii to be used. May be atEached as Er&ibit) cl *la o hr e,-i Total acreage of above-referenced parcel Address of above-referenced property Description of Use Q Tota1 Number of Dwelling Units Number of Constrrllct.ed Units o Number of VacanL LoEs Potable v{at.er system WasEe-glater Treatment System L Ty?e of MeEer or Measuring Devi Projected Monthly Volume of Leased wat,er Needed in Gallons: TEESE FTGURES ARE _ ACfirAr, DTVER.STONS OR CONSr,IIP|rTVB rrSB OITLY (Actual diversions must be used unless contractee has an augnentation plan) Jan. Feb. Mar. Apr. May - June July Aug. Sept OcE.Nov. Dec. Annua} Tot,al Gallons Acre Feet Maximum Instant.aneous Demand €rpm Date licant 1 and se Applicant O.re D. OTHER REMARKS ^J 0c tion is for a sec n o o VrllaY I --; :. .t**i:; li -...:.' I , o o REVISED 7 129/99 NanB of Applicant Contract # FM9 91 I l. 7KG ( a ) Map ID #l5 Date Activated I-1-00 WEST DIVIDE WATER CCNSERVANCY DISTRICT WATER ALLOTMEMI CONTRACT/I,EASE Kor^r.refL 5, G r-eepc:- Quantity of tlater 1n Acr"e Feet: O N€ Applicant, hereby applies to the West Divide l,later Conservancy District. a political subdivision of the State of Co1onado, organized pursuant to and existing by virtue of C.R.S. 1973. 537-45-101, et seo., (hereinafter referred to as the "District") for an allotment contract/lease to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this contract/lease and the attached application. Appl icant hereby agrees to the following tenms and conditions: 1. Water Riqhts: Applicant shall own water rights at the po.int of diversion herein lawfully entitling Appl'icant to divert water, which will be suppierented and augrented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists untii a valid well permit is obtained from the Colorado Div.ision of Hater Resources. 2. Ouantitv: tlater applied for by the Applicant in the annunt set for"th above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and r,fren water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periodswhen said direct flowwater right is not in priority, the Djstrict shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from d.irect f1ow. storage or otheruise. to the Applicant by the District will be limited by the priority of the Distnict's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully corplies with ali of the terms and conditions of this contract/lease. The District and the Appticant recognize that sorn of the District's decrees may be in the narB of the Colorado R.iver Water Conservation District, and the ability of the District to allot direct f.low right to the Applicant may be dependent on the consent of the Colorado River },later Conservation District. If at any tirne the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the arnount of water allotted under this contract/lease sha.ll be reduced pennanently in accordance with such notice. Rates shall be adjusted accondingly in following water years only. 3. Benefjcial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: municipal, dorpstic and related uses, or connercial (except to the extent that Ruedi Reservoir water may not be available for corrnercial as that term is defined on Page 5 of Contract No. 2-07- 70-|10547 between the United States and the l{est Divide Hater Conservancy Distr"ict). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased. operated, or under Appl'icant's control. 4. Decrees and De.liverv: Exchange releases made by the District out of storage from Ruedi Reservoir and Green Mountain Reservoir, or other works or facil'ities of the District, or from other sources available to the District. shall be delivered to the Applicant at the outlet uprks of said storage faci.lities or at the decreed po'int of diversjon for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservo.ir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to o a District shall be subject to the contracts. laws. rules. and regulations governing neieases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the D'istrict in the future. so long as the water senvjce lo the Applicant pursuant to this agreement. is not impaired by said action. Any quantity of the Applicant's aliocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entjile Applicant to any refund of paynrent made for such water. l'Jater service provided by the Distrjct shall be limited lo the anrount of waten available in priority at the original point of diversion of the Distrlct's applicable water riqht, and neither the District. nor those entitled to utilize the District's decrees. may call on any greater annunt at new or alternate po.ints of diver.sion. The District shall request the Colorado Division of Water Resources to est,imate any conveyance losses between the original po'int and any alternate point, and such estimate shall be deducted fr"om this amount in each case. (.All-anneta Dnin* nf Dirranci anrl Dlan nf Arrnmnfrtin-Decrees for alternate points of divers'ion of the District's water rights or storage water may be required in order for Applicant to use the water service conterplated hereunder. 0btaining such decree is the exclusive responsibility of Applicant. The Djstrict reserves the light to review and approve any conditions which may be attached to judicial approvai of said alternate point of diversion as conterplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely respons.ible for the pnocedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indernrify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of d.iversion and deliver them to Applicant's intended beneficial use. Irrespective of the armunt of water actually tnansferred to the Applicant's point of diversion. the Applicant shall make annuai payrnnts to the District based upon the annunt of water allotted under this contract/l ease. In the event the Applicant intends to apply for an alternate point of diversion and to develop an aljgrpntat'ion plan and institute legal proceedings for the approval of such ar.grentation plan to allow the Applicant to u[i]ize thewaterallottedtoApplicanthereunder. theApplicantshall givetheDistrictwrittennoticeofsuchintent. Intheevent the Applicant develops and adjudicates'its or,ln at8npntation plan to utilize the water ailotted hereunder. Applicant shall not be obligated to pay any annunt under Paragraph 19 below. In any event. the District shal.l have the right to approve or disapprove the Applicant's augtentation plan and the Applicant shall provide the Distr"ict copies of such plan and of an pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract/.lease Pavment: Non-refundable, one tirp administnative charge, in the annunt detenmined by the Board of Directors of the District from tine to t.ime, shall be submitted with the appl'ication for consideration by the District. Annual payent for the water service described here'in shall be determined by the Board of Directors of the District. The'initial annual payrcnt shall be made in full, within thirty (30) days after the date of notice to the Applicant that the init'ial payment is due- Said notice will advise the Applicant. annng othen things. of the water deliver"y year to r^frich the inr'tial payrnnt shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If'an annual payrcnt is not made by the due date a flat $50 late fee wi l l be assessed. Final written not'ice prior to cancellation will be sent certified mail, return receipt reqr.rcsted. to the Applicant at such address as may be designated by the Applicant inwriting or set forth in this contnact/lease or application. llater use for any part of a wateryear shall require payrEnt for the entire water year. Nothing herein shall be construed so as to prevent the District frun adjusting the annual rate in its sole discret.ion for future years only. If paynent is not made within fifteen (15) days after the date of said written notice, Applicant shall at D'istrict's sole option have no further right, title or interest under this contract/lease without further notice, and delivery Z o o may be inuediately curtailed. The allotrnent of water. as herein made, may be transferred, leased. or otherwise disposed of at the discretion of the Boand of Dinectons of the D.istrict. Upon cancel.lation of this water allotrent contract/lease with the District. the District shall notify the Division of Hater Resources offices in Denver and Glenwood Spnings. The Division of Waten Resources may then order cessation of all water use. 7. Additional Fees and Costs: Appl.icant agrees to defray any expenses incurred by the District in connection with the allotrnent of water rights hereunder, including, but not I imited to. reirnburserent of legal and engineening costs jncurred in connection with any water nights and adjudication necessany to allow Applicant's use of such allotted water rights. B. Assiqnrnent: This contract/lease shall inure to the benefit of the heirs, successors on assigns of the parties hereto. Any assignment of the Applicant's rights under this contract/lease shall be subject to, and must conply wjth, such requirerents as the District may hereafter adopt regardjng assignrnnt of contract/lease rights and the assurption of contract/lease obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property frun applying to the Distr.ict for.individual and separate allotrBnt contracts/leases. No assigruent shall be recognized by the District except upon compietion and filing of pr"oper forms for change of ownership. Upon the sale of the real property to which this contract/lease pertains, Applicant has a duty to make buyer aware of this contract/lease and proper forms fon change of ownership must be completed. 9. 0ther Rules: Applicant shall be bound by the provisions of the l,later Conservancy Act of Colorado; by the rules and negulat'ions of the Board of Directors of the District; and all amenftEnts thereof and supplerents thereto and by a1l other applicable 1aw. 10. 0oerat.ion and Maintenance AqreeflBnt: Applicant shall enter into an "Operation and Maintenance Agreernnt" with the District under terms and conditions determined by the board of Directors of the District, if and wten. the Board of said Distrjct determines in its sole discretion that such an agreernnt is required. Said agreerent may contain, but shall not be limited to. provisions for additional annual rmnetary consideration for extension of District delivery services and for additional adninistration, operation, and maintenance costs: or for other costs to the District which rny arise through services made avaj.lable to the Applicant. 11. Chanqe of Use: The District reserves the exclusive right to revjew, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the Oistrict shall be deemed to be a material breach of this contract/lease. 12. Use and Place of Usq: Appiicant agrees to use the water in the manner and on the property described in the docunBnts submitted to the District at the tirB this contract/lease is executed, or in any operat.ion and maintenance agreement prov'ided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph B above, shall be deenBd to be a material breach of this agreerent. 13. Title: It is understood and agreed that nothing herein shall be interpreted to g'ive the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 1.4. Conservation: Appl'icant shal.l use conmnly accepted conservation practices with respect to the water and water rights herein. and hereby agrees to be bound by any conservat.ion plan adopted hereafter by the District for use of District owned or contnolled water or water rights. 15. Restrictions: Applicant shall restrict actuai diversions to not exceed the Contract/Lease amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family J o o draelling. the watering of domestic livestock. fire pnotection. and the innigation of up to 6,000 square feet of latm and garden. Appticant shall also conrply with all nestrictjons and ljmitations set forth in the weil penmit obtained fnom the Coiorado Division of Water Resources. Watening of livestock shall be restricted to Applicant's dornstic animals not to be used for cornBrcial purposes unless Applicant obtains approval fnom the Colorado Division ol Hater Resources for corrnercial use/livestock watering at a horse boarding facliity, provided that in no event shall actual divers.ions exceed the annunt of waten provided by this Contract/Lease. Violation of this paragraph 15 shal.l be deemed to be a matenial breach of this Contract/Lease 16. }{e l l Permi t : If Appl .i cant i ntends to di vert through a uel j , then Appl i cant must provi de to 0i stri ct a copy of Applicant's valid weli permit before District is obligated to deliver any water hereunder. 17. MeasurinqDeviceorMeter: Applicantagreestoprovjde, atitsownexpense, atotalizingflowrcter with remote readout to continuously and accurately measure at all tirnes all water diverted pursuant to the terms of Applicant's water r"ight and the terms of this contract/lease. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to corpiy with this paragraph could result in iegal action to terminate App.licant's diversion of water by the State of Colorado Division of Hater Resounces. By signing this contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon app.licant's property during ordinary business hours for the purposes of determining appiicant's actual use of water. 18. Reoresentations: By executing this contract/lease, Applicant agrees that it is not relying on any legal or engjneering advice that Appiicant may believe has been received from the District. Applicant further acknolvledges that it has obtained al1 necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warrant.ies, or assurances whatsoever about the quantity or qual'ity of water avaiiable pursuant to this contract/lease. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of I'later Cgurt Filinq and Auomentation Plan: Shouid the District, in its own discretion, choose to include Applicant's contract/lease herejn in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee repnesenting the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shal.l be assessed a pro- rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. Ihe pro-rata share shall be calculated by dividing such total cost by the number of contractees/lessees included jn the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's contract/lease in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro-rata basis by all contracteesllessees. 20. Bindinq Aqreement: This agreeorent shall not be complete nor binding upon the District unless attached hereto is the form ent'itled'Applicat'ion and Data Form to Lease llater From llest Divide llater Conservancy District' ful1y completed by Applicant and approved by the District's engineer. Said attachrBnts shall by this reference thereto be incorporated into the tenns of this agreercnt. All correspondence from the District to Applicant referring to or relating to this agreerent is by this reference incorporated into this agreerent as further terms and conditions of this agreefiEnt. 21. l,larninq: IT IS THE SOLE RESPONSIBILITY 0F THE APPLICANT T0 0BTAIN A VALID IIELL PERilIT 0R 0THER IJATER RIGHT IN ORDER TO DIVERT I.IATER, INCLUDING THE HATER ACQUIRED UNDER THIS CONTRACTiLEASE. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE HELL PERMIT OR IIATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERJ'IITS, FILING }IELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LA}IFULLY APPLYING THE }.IATER TO BENEFICIAL USE ON A REGULAR BASIS HITHOUT WASTE. 4 o o 22. AREA B. CONTRACTS/LEASES: IF APPLICANT'S I{ELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT/LEASE IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: iHE AUGMENTATION !.JATTR PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER RIGHI FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHTR}JISE IS MADI BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT, THIS CONTRACT/LEASE MAY BE RESCINDED UPON I./RITTEN NOTICE DELIVERED TO TI.IE DISTRICT BY THE APPLICANT I'IIIHIN THE NEXT 30 DAYS FOLLOHING THE AFFIXING OF SIGNATURES ON THIS CONTRACT/LEASE IN HHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACTiLEASE SHALL BE IMMEDIATELY REFUNDED TO APPLICANI. App I i cant Appl i cant STATE OF $6ar.s? C0UNTY 0F €trRFI{tD The instrumnt was acknowledged before ne on this ( ? Oay of l\ootst ts ,?{?rs!) oy Witness my hand and offjcial seal My conmission expires (- xB'ort- SS Nota ry lic ORDER Aften a hearing by the Board of Directors of the llest Divr'de Waten Conservancy District on the application it is hereby 0RDERED that said application be granted and this contract/lease shail be and is accepted by the District. I,IEST DIVIDE HATER CONSERVANCY DISTRICT t/0" Ctu4 Presi dent r ATTEST I 7 effective Secretary Date Jan. I, 2000 This contract/lease includes and is subject to the terms and conditions of the following documents which must accompany thj s contract/lease: 1. Map showing iocation of point of diversion (use map provided) 2. Application and Data Form fully completed and signed \,rilLq:)-- J 5