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1.0 Application
CEDAR HILLS RANCH November 20, 1995 Garfield County Planning Attn: Mark Bean 109 8th Street Glenwood Springs, CO 81601 RE: Cedar Hills Ranch Preliminary Plat HCE Job No. 95020.02 Dear Mark: Enclosed is the Preliminary Plat submittal for Cedar Hills Ranch, submitted on behalf of the owner, Spring Creek Land Co. Included in the submittal are 20 sets of the following: Bound in booklet: I. Application Form 2. Statements regarding Grading, Roads, and Utility Plan 3. Letters and Reports 4. Water Supply Information 5. Title Commitment 6. Legal Access Information Drawings bound separately: 1. Preliminary Plat 2. Road Plan and Profile and Details 3. Utility Plan 4. Water Details 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: 303-945-8676 • FAX: 303-945-2555 Mr. Mark Bean November 20, 1995 Page 2 Please contact us if you have any questions or comments, or if there are any application deficiencies. Sincerely, HIGH COU Y ENGINEERING, INC. • Roger Neal, P.E. c...) 'ix '''z Project Engineer RDN/tmc cc: Norm Clasen Sketch Plan Preliminary Plan Final Plat SUBDIVISION APPLICATION FORM GARFIELD COUNTY SUBDIVISION NAME: Cedar Hills Ranch X OWNER: Spring Creek Land Co. ENGINEER/PLANNER/SURVEYOR: High Country Engineering, Inc. LOCATION: Sections 1 & 6 Township 6 South Range 92 West WATER SOURCE: Individual Wells/Pumped Storage System SEWAGE DISPOSAL METHOD: Individual lot septic systems - PUBLIC ACCESS VIA: County Road 21.4 and private access easement. EXISTING ZONING: EASEMENTS: Utility Existing -Gas, Telephone and Power Ditch Roseman Ditch TOTAL DEVELOPMENT AREA: (1) Residential Number Acres Single Family 18 67.002 Duplex Multi -Family Mobile Home (2) Commercial Floor Area Acres (3) Industrial sq.ft. sq.ft. (4) Public Quasi -Public 5.560 (5) Open Space/Common Area 2 4.834 TOTAL: 77.396 PARKING SPACES: Residential: On individual lots only Commercial: None Industrial: None • • CEDAR HILLS RANCH PRELIMINARY PLAN SUBMITTAL November 20, 1995 GENERAL: The proposed Cedar Hills Ranch is located in Peach Valley off County Road 214. The property is currently zoned AR/RD, Agricultural Residential/Rural. Density, and no change in zoning is requested. The proposed use consists of one single family residence per lot. PHASING: Phase 1: Phase 1 will include lots I, 2,3,4,14,15,16,18,19, and 20. Homes on lots 1,18 and 19 already exist. The following improvements will be made in Phase 1: 1. WATER: Lot 1 will get water from an existing well. Lots 19, and 20 will share anexisting well. The remaining lots, in Phase 1 will be served by a new well and pressurized water system which will eventually be incorporated into the Phase 2 water system. A stubout for Lot 2 will be provided in the event the Association needs water for its recreational use of the Lot. 2. ROADS: Roads in phase 1 will be gravel roads built to Garfield County Rural Access Standards, and will be built to the lot line between lots 4 and 5, this will be approximately 2300 lineal feet. K -turns will be provided every 750' and at the temporary terminus between lots 4 and 5 to allow for emergency vehicle access. A K -turn will also be provided at the pond location to allow fire vehicle access. 3. UTILITIES: Underground gas, telephone, and electric will be provided to all of the lots included in Phase 1. 4. OPEN SPACE: Lot 2 will be dedicated to the Home Owner's Association (HOA) as Open Space. 5. OFFSITE IMPROVEMENTS: Funds in the amount of $4,000.00 for the county road 235 irrigation ditch crossing improvement will be provided to Garfield County. Phase 2: Phase 2 will include lots 5,6,7,8,9,10,11,12, 13 and 17. The following improvements will be made in Phase 2: 1. WATER: These lots will all be connected to a centra] water system. This lot will be dedicated as open space. All lots except 1, 2, 13, 19 and 20 will have a tap to a central water system which will pump to a tank and gravity feed to each lot. Some lots may require additional in-house boll systems. A stubout for Lot 13 will be provided as was done for Lot 2. 2. ROADS: The remaining roads will be completed within the subdivision to Garfield County Semi Primitive Road Standards except for the emergency access road which will be built to Primitive Residential Standards. All roads, except for the emergency access, will be chip and sealed. 3. UTILITIES: Underground utilities (electric, gas, telephone) will be provided to the remaining lots. 4. OPEN SPACE: Lot 13 will be dedicated to the HOA as Open Space. 5. DRAINAGE: A detention pond will be constructed on lot 13 to reduce peak runoff to the adjacent land owner. Phase 1 and Phase 2: I. Sewage Disposal: Sewage disposal will be by individual sewage disposal systems, typically septic tanks and leach fields. Sizing and design of systems will be in accordance with. Garfield County regulations in force at the time of construction. Percolation tests have been taken and indicate that a site with sufficient percolation should be available on most lots for standard soil absorption systems. There is evidence that percolation rates that are too fast or too slow for a standard system will be observed on some lots. In that case, a typical mound type sand filter or an evapotranspiration system could be used. In either case, a sizeable individual sewage disposal system which would conform to County and State regulations is feasible on all of the proposed lots. Responsibility for construction, operation and maintenance of individual disposal systems will rest with the individual lot owners, who should maintain the systems in accordance with Garfield County Health Department regulations. Should the welfare of adjacent homeowners be affected by failure of an individual owner to properly maintain a septic system, the Homeowner's Association will have the authority to enforce maintenance of the individual system. 2. Location of Utilities: - All standard utilities are already available adjacent to the site, including natural gas, underground electric and telephone. Extensions can easily be made to service each proposed lot. Cable TV is not available at this time. Other utilities serving the project, with their consent, will be Public Service, Rocky Mountain Natural Gas and U.S. West Communications. We understand that copies of this plat will be submitted to these utilities by the County and comments will be requested. BUILDING SITES The grading and drainage map identifies the areas of the subdivision which are sloped 30% - 30.99 % and 40% or greater. All lots appear to have sufficient available area to support conventional individual sewage disposal systems. GRADING AND ROADS: Grading - No mass overlot grading is proposed by the developer, and none is envisioned to be necessary. Roads/Traffic - All lots will have access directly to a public right-of-way. All roadways within the project will be private access roads, but will be built to County Road standards. A Plan and Profile drawing for the major access road for the subdivision is included with this package. There will also be an emergency access route which will "loop" the main road back near the entrance of the subdivision. This road will be built to Primitive Residential Standards with a variance to allow grades up to 14%, as discussed in the County Planning Regulations. This road will be for emergency use only and necessary gates will be installed to deter every day motorized traffic. On Lot 10 and 11, the access easement will function as a driveway for a short distance.. The gates will be installed after that point. The emergency access road and all roads within the subdivision will be maintained and repaired by the Association, including snowplowing. A traffic study was performed to assess the impact on County Road 214 and County Road 262 which leads out to U.S. Highway 6. This study, which is enclosed, indicates that the level of service would not be adversely impacted due to the subdivision addition. Additional information was also requested regarding County Road 214, this information is as follows: Traffic counts were provided to us by Garfield County Road and Bridge Dept.(these counts have been enclosed with this letter). These counts were conducted on September 25 and 26 1995, for a period of 24 hours. Only the 1995 data between County Road 262 and County Road 235 (Davis Point) was used to determine existing and proposed level of service. A computer model for the proposed development was then generated within the following conditions: 1. 10% truck traffic (during construction). 2. 5% buses 3. 5% recreational vehicles 4. Design speed = 35 mph 5. Peak hour factor = 0.86 6. Directional Distribution = 90/10 7. 9' average lane width. This model indicated that Leve] of Service A, which is the best operational level defined by the "Highway Capacity Manual", would operate as such up to 129 vehicles per hour. The proposed peak hour traffic volume for 100% buildout of Cedar Hills Ranch would be 85 vehicles per hour. Enclosed with this letter are the traffic counts, computer printouts and hand calculations used to determine Level of Service. The above information indicates that the existing road is capable of carrying the proposed traffic. There are, however, approximately four ditch crossings at various locations along 214 and adjacent roads which are questionable for any two-way traffic conditions. One which is particularly narrow is located approximately midway on 235 road. The developer, at the request of Herb Nelson, has offered funding to Garfield County as part of the Phase 1 public improvements to help fix the ditch crossing on 235 road. Additional calculations and data are included with this report. LEGAL ACCESS: This subdivision adjoins County Road 214 and access will be via this road. All interior Lots will have access to private road easements. PROPOSED USES: The proposed uses for the property will be single family residential lots, except for the open space lots (Lots 2 and 13). Additionally, there will be an easement which will allow passage from the subdivision to adjacent Bureau of Land Management property. There will also be two lots dedicated to the Homeowners Association as open space and will be owned and maintained as the Home Owners Association decides in the future. These lots are restricted to recreational uses only as indicated in the covenants and by plat note. SOLAR ORIENTATION All lots in the proposed subdivision with the exception of the open space lots 2 and 13 and lots 8 and 14 have a building site which has direct southern exposure. DRAINAGE There has been some concern with regard to the drainage on the project. Most of this concern seems to stem primarily from drainage to the east of the project which ultimately intersects county road 214 near county road 262. Cedar Hills Ranch, at time of sketch plan, had proposed an Option Parcel to the east of the main project. The option parcel has since been dropped from the approval process, and drainage to the east should not be of concern. Other concerns that were noted involved the drainage basins denoted on the drainage study, a copy of which is attached. There was concern that the basins to the west should have been carried beyond the property line and be larger in size. Typically basins which continue offsite and downstream are not calculated because they are beyond the project. Basin A is such a basin. It does, however, swing into and back out of the lower portion of the project. The drainage from this basin does not cross any roads within the subdivision and would impact only lot 2 (open space). This basin which continues off site is shown and calculated in the revised drainage plan submitted with this package. In an effort to reduce the impact of existing drainage to the west on adjacent property owners, we propose a detention pond which will reduce the peak flows draining onto adjacent property. The detention pond will be located on Lot 13 and will catch drainage from basins A,B, and C and possibly overflow drainage from the Roseman Ditch. This detention pond is further detailed in the revised drainage study. VISUAL IMPACT It appears that only three of the new homes to be constructed will be visible from County Road 214. • • ROSEMAN DITCH CROSSING The Roseman Ditch will be crossed at four locations: The main road, the emergency access road and two driveway crossings. We have proposed that all culvert crossings for these locations be Mu in diameter or an equivalent size. In our opinion, these pipes will not impede the existing flows of the ditch. They are designed to carry existing flows as well as stormwater flows. • LETTERS AND REPORTS Geology Report Colorado Division of Wildlife Repoli Individual Sewage Disposal System Information Percolation Test Data Drainage Study Traffic Study P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, 0081602 7/'ztIrlc4tIELL4 4110 4550CI4TE5 ENGINEERING CONSULT4NT5 June 20, 1995 Cedar Hills Ranch % Norm Clasen P.O. Box 1155 Basalt CO 81621 RE: Geologic Hazard Report Dear Norris: (970) 945-5700 (970) 945-1253 Fax As per your request, Zancanella and Associates. Inc. has completed a Geologic Investigation for Cedar Hills Ranch in Silt, Colorado. We would like at this time to address concerns to the Garfield County Planning Commission regarding the site and the planned development. Our intent is to provide you with the information on the geologic conditions that affect your project. This report presents the interpretations of Zancanella and Associates, Inc. of the geologic conditions and potential hazards. If you have any questions please call our office at (970) 945-5700. Very truly yours. Zancanella & Associates r Terri L. Lance Geologist cc: Roger Neal 71.1.1,95213 P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 Z4t4C4NELL4 414D 455004TES • ENGINEEnl1NG CONSULT4NTS Geologic Investigation Cedar Hills Ranch Silt, Colorado Prepared by: Zancanella and Associates, Inc. Engineering Consultants P.Q. Box 1908 Glenwood Springs, CO 81602 Prepared For: Cedar Hills Ranch % Norm Clasen P.O. Box 1155 Basalt Co. 81621 (970) 945-5700 (970) 945-1253 Fax I • Aliuvial Deposits T o WS'a\tth and Olio Creels Farm Zancaneila & Associates, inc. Engineering Consultants P.O. Box 1808 1005 Cooper Ave. Glenwood Springs, CO 81602 ;r FIGURE 2 Cedar Hills Ranch Geology Map Scale 1" =1000' } • • INTRODUCTION The purpose of this report is to identify general geologic conditions and hazards and to recommend a plan for minimizing these hazards. Cedar Hills Ranch is located in the Eastern 'I/ of the Northeast 1/4 of Section 1, Township 6 South, Range 92 West, and the Western '/ of the Northwest '4 of Section 6, Township 6 South, Range 91 West of the 6th P.M. Access to the site is via Peach Valley Road off Old Highway 6.(Figure 1 ) Vegetation in the area consists of sagebrush, rabbitbrush, wheatgrass, bitterbrush, mountain mahogany, and an overstory of pinyon, cedar and juniper. Most of the site appears to be in native condition. The low lying areas having historically been used for grazing pasture. This site was not included in the FEMA Flood insurance Study for Garfield County and is not within the 100 year flood plain. GEOLOGIC SETTING The study area is located on the southern edge of the Grand Hogback a geologic feature, The Hogback, forms the geologic boundary between the Rocky Mountains and the Colorado Plateau, it is made up of a thick section of formations which become increasingly younger toward the west, The Eastern sections of these formations have been uplifted and eroded away. Included in the visible section are the Eagle Valley Evaporates, Maroon Formation, Weber Sandstone. Chinle Formation, Entrada Sandstone, Morrison Formation, Dakota Sandstone and Mancos Shale. This site is underlain by Tertiary aged Wasatch and Ohio Creek Formation and the Mesa Verde Group. Our on site observation indicates that these rocks are dipping towards the northeast at an approximate dip angle of 35 degrees or less. Overlying the bedrock are surficial deposits which include colluvium, and alluvium. Interpreted geologic units are shown on the enclosed Geologic Map, Figure 2. Wasatch Formation and the Ohio Creek Formation The Wasatch Formation and related beds overlying the Mesa Verde Group are exposed in only a few areas on this property. This sequence of rock consists of variegated claystone, siltstone, sandstone, and conglomerate: carbonaceous shale and lignite near the base. A cobblestone conglomerate, consisting of largely subrounded cobbles of metamorphic and igneous rocks, makes up the lower part of the Formation. This is underlain by 40 to 1 1 5 Page 3 • • feet beds of massive, light -gray sandstone that contains pebbles of brown, red and black chert. Surficial Deposits During post glacial and recent geologic times, the uplifting of the Grand Hogback and the down carving of the Colorado River have produced the broad valley of the Silt and Rifle Area. This weathered and eroded bedrock surface has been covered by younger, surficial deposits producing the present surface topography. Bedrock and Soil Conditions The present topography at the site developed slowly over the context of geologic time. Post glacial erosion has occurred over the past 10,000 to 20,000 years. Recent erosion produced the present configuration of the surface drainage in the Silt area. These deposits are very susceptible to erosion; road drainage structures located on steep slopes may require rip rap protection to prevent large amounts of these sandy soils from being eroded from under the culvert outlets. Within the last one hundred years this site appears to have exhibited a high degree of erosion. We anticipate that site excavations will encounter areas of bedrock, conglomerate and alluvial deposits. The excavation of bedrock on the upper terrace may require blasting. We do not anticipate any difficulty in excavating the majority of the site which is alluvial. Water lines placed in the roads should be placed on the fill side of the roads to minimize excavation and rock cuts. The Wasatch Formation, when encountered, is approximately 60 inches from the surface and is moderate to difficult to excavate (U.S.D.A. S.C.S. Soil Survey of Rifle Area, Colorado, 1985). Some of the clay and silt deposits may be subject to compression when wetted. Expansive clay soils may be contained within some of the clayey surficial deposits and bedrock. Expansive characteristics of the clay soils can be mitigated by proper design and construction techniques. It is our understanding that percolation tests will be performed by High Country Engineering to determine suitable infiltration system locations. Percolation rates in some areas may be slow due to high clay content of the soils, as evidenced in the Soil Conservation Report. (Appendix A) Depending on the results of the percolation tests, it may be necessary to require engineered waste disposal systems on some lots. Slope Stability As discussed above, deep seated slope failures associated with bedrock orientation do not appear to be a significant factor on this site. We believe surficial deposits with slopes of Page 4 • • more than 25 percent should be considered to be potentially unstable; however most of the slopes on this site that are more than 25 percent are bedrock and therefore stable. Rock fall hazard would be minimal since most of the soil slopes are 1 2% or less, according to the Soil Conservation Corps report. Debris Flows Due to the Targe percentage of bedrock which comprises the steeper slopes surrounding the property, there is the potential for debris flow to occur in the existing drainages. Direct construction of habitable dwellings should be avoided in the bottom of these drainages. It is understood that the conditions presented are generalized and that we recommend that a detailed site soil and foundation investigation be performed for each building site. If you have any questions please call our office at 970-945-5700. Very truly yours, Zancanella and Associates. Inc. Terri L. Lance Geologist Thomas A. Zancane a, P.E. President TAZ]TL1l95213 Page 5 ori Q,"-*od(7,1 \\T:\11well 1 \A\ • AND Zancanella & Associates, Inc. Engineering Consultants P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 FIGURE 1 Cedar Hills Ranch Wells Scale 1" =1000" • • APPENDIX A R. 96 W. - T - — - T. 4 S. T 5 S. T 6 S. 39'3C" — T. 7 S. 24 RIO BLANCO COU NTY R. 95 W. :a8`00' T,. 3 S. 39°45' — 13, Tae T. 4 S. R. 94 W. ti4�� 36A1 AMIE Monti nt Pk 9 "ENE WHITE RIVER NATIONAL FOREST — R. 93 W. 107°45' R. 92 W. 6^ T I 1 RIFLE FALLS kl��Af yi: •i7► rMt1_ . HEW ■�ii�'` io ii - 11111111111101 bilaLvesii&PRKAil 1E1E1 MI ... i im psi. ' 7 mama '�a631 %OM s_lmo-d®munsins I/ 41111ip•iitiniNAMISINICSICEMMI � 1.4 : I7■ =a t R. 91 W. 107°30" i R.90 W. _Iii /iui•uui ®-II�Iiuimimisem I Burnin Mtn : C� { • ri ►11111 r A FAMIEL 1E» MINI& $ � .� �-,GI - ,� offmaramempAdianstrimainaimumniG ti >���'� smear. ,..���T main ���;,i���/A.�_�___'�I 16 • WHITE R. 89 W. "i - Storm Storm King tn. RIVER mmiA t: I L.L 1 2 3 5 1 a4 • LEGEND Parachute-Rhone-irigul: Deep to shallow, well drained, moderately sloping to steep sods on mountains and ridges Rock outcrop-Torricrthents: Rock outcrop and moderately deep and shallow, well drained, very steep and extremely steep soils on escarp- ments and mountains Arvada-Torrifluvents-Heldt: Deep. well drained to somewhat poorly drained, nearly level to gently sloping soils on benches, terraces. alluvial fans, and flood plains Torriorthents-Rock outcrop•Camborthids: Dominantly shallow to deep, well drained. steep to extremely steep soils, and Rock outcrop on mountains, tans. and ridges Potts•Ildetonso-Vale: Deep,well drained. gently sloping to steep soils an mesas. alluvial fans. terraces. and benches Morval-Villa Grove; Deep, well drained. moderately sloping to moderately steep soils on mesas, mountainsides. and alluvial fans Lazear•Cushman-Ascalon: Shallow to deep, well drained, moderately sloping to very steep soils on mountains. mesa breaks, and alluvial fans Bucklon-lnchau.Cochetopa: Shallow to deep. well drained. moderately sloping to steep sods on mountains and alluvial tans Jerry-Lamphier-Cochetopa: Deep, well drained. moderately sloping to steep soils on mountains and fans Compiled 1979 NATIONAL. R. 88 W, w� 3 R. 93 W. R 95 W. T. 8 S. R 96 W. MESA Each ow outlined On rho mop cfvu = pt morn iiw pow Irmo of said. The ma s Thur +TRmIi fp. ;awful plsMwg Tattier 45, o Ono for *coons to dor use at Weak Iooers COUNTY - =SECTIONALIZED TOWNSHIP 6 5 43:2:1 7 a 91011I'12 18 1711611511413 19 20 21[22'23 24 30 2912827:2b 25 31 32:33;34 35 36 R. 94 W. WHITE RIVER NATIONAL FOREST 6 R. 92 W. MESA COUNTY R. 91 W. R.90W. Bald WHITE RIVER 36J Mtn. R. 89 W Sunlignt Pk. — FOREST U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE COLORADO AGRICULTURAL EXPERIMENT STATION GENERAL SOIL MAP PARTS OF GARFIELD AND MESA COUNTIES RIFLE AREA, COLORADO Scale 1253.440 1 0 1 2 3 4 Miles I I 1 I I 4 8 Km 11 il • 5. Potts-Ildefonso-Vale Deep, well drained Gently sloping to sleep soils on mesas. alluvial fans, terraces, and benches This map unit is in the central and south-central parts of the survey area. The soils formed in loess caps er gravelly material on mesas and in a mixture i l basalt and bouts14sti ches. and averageAverage annualannual temperature is a about 47 degrees F. This map unit covers about 16 percent of the survey area, or approximately 100,000 acres. This unit is about 40 percent Potts soils, 20 percent lldefonso soils, 15 percent Vale soils, 10 percent Olney soils, and 15 per- cent soils of minor extent. Potts and Vale soils are on mesas and gently sloping fans. They are deep tand welt he subso+Ira� ��Y loam a The sityl clay yer is loam or silt loam, loam, and the substratum is loam and silt loam. Ildefanso soils are on moderately sloping to steep fans. They are deep and well drained. The surface loayer r is stony loam, and the substratum fans. is s5very s toOm. Olney soils are on gently slop Minor in this unitand R ld oat d Pena soils, Torriorth- ents, Cambortifor and About 60percentsors +t is arehayand pfidture. irrigated crops. Most irrigated crops A very small acreage is dryfarmed. The rest of the unit is used for grazing and nonirrigated pasture. Wildlife such as deer, elk, rabbits, grouse, and doves find food and cover on this unit Deer and elk use this unit as a prime winter feeding area- A few pheasant and chukar live near areas where cereal crops are grown. 27—Halaquepts, nearly Level. This broadly defined unit consists of deep. somewhat poorty drained to poorly drained, nearly level and gently sloping, salt -affected soils in narrcw foothill valleys, on fans, and on low to-_ races. Slopes are 0 to 6 percent. These soils formed n alluvium. The soils are extremely variable. The upper 24 inches ranges from loam to day, and the underlying layers aro generally gravelly. The soils are commonly gleyed from the surface down. Stratified sand. gravel, and cobbles are at a depth of 24 to 40 inches. In some areas. gravel and cobbles are at or near the surface. included with these soils in mapcinc are 'small.. isolat- ed areas of Arvada. Limon. and 'Helot soils that have slopes of 1 to 6 percent. Small areas of severely alka►i- affected soils are identified by an alkali spot symcol. These areas make up 10 to 15 percent of the map unit. The water table is at or near me surface at times. mainly during spring and summer. The level of the water table is strongly influenced by the seasonal water level in nearby streams and rivers and higher lying irrigation ditches. Water seeps from the ditches into these soils. These soils are subject to rare or occasional flooding. This unit is used mainly for grazing. Some hay is grown in areas drained by ditches. Yields are low because of saline condition. Alkali -tolerant grasses and legumes must be arown for productive hay and pasture. The native vegetation consists of willows, tamarisk, cottonwoods, and alkali- and water -tolerant grasses. Game birds, rabbits, deer, and other wildlife find habi- tat on these soils. Ducks and geese nest in the more swampy areas. Mourning doves nest in the cottonwoods and tamarisk. Rabbits and deer find adequate food and cover on these soils. Where the soil has been drained and is suitable for hay and pasture, planting food picas, trees and shrubs, and nesting cover enhances habitat for upland wildlife. Where the water table is high, open water for waterfowl can be developed by blasting or excavating. Community development is limited by flooding and depth to water table. Onsite investigation is necessary for appropriate design and construction to overcome these limitations. These soils are in capability subclass Vlw, nonirrigat- ed. 29—Heldt clay loam, 3 to 6 percent slopes. This deep, well drained, gently sloping soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,000 feet. This soil formed in fine textured alluvium derived from shale and sandstone. The average annual Precipitation is accut 14 inches. the average annual air temperature !s acout 48 degrees F. and the average frost -free oericc s about 120 days. Typically, the surface layer is grayish brown c°.ay loam about 8 inches thick. The subsoil s licrt brownish craw clay loam accut 12 inches thick. The substratum is Bight gray clay to a cecth of 60 inches. Included with tt !s soil in maccrna are small areas cf Olney, Arvada. and Kim soils that have stcoes of 2 to 5 percent. These areas make tip 5 to 10 percent cf the map unit. Permeabifit'r 's slow. and evaiiacle water capaciry is moderate. E:fec:.':e-cotino depth !s 6J :acnes or more. `'urfa,ce ru—c-' s medium, and the erosion hazard is moderate. This soil is USE17. for irrigated crces and hay. 5cme areas are uses fcr grazing Alfalfa, sinal! grains, scree corn for silace, and grass or grass -legume mixtures are grown. Flooding is suitable for irrigating this soil. Intake rate is slow. Wide, deep cracks form when the soil dries. Irriga- tion rates aro tillage practices should be carefully udanned to overcome lirnitinc soil conditions. Green manure crops and commercial fertilizer are generally needed to maintain or improve filth and fertility. The native vegetation on this soil is mainly wheat- crass. sagebrush, and low rabbitbrush; however, all areas of this scii are now in irrigated crops. Cottontail rabbit. sauirre!. mourning dove. and pheas- ant find habitat on this soil. Community development and recreation are limited by s'ow Dermeabiiity, high clay content. and shrink -swell c _fer.tial. Dweilings and roads can be designed to com- pensate for the low strength and shrink -swell potential. =eptrc tank absorption fields are severety limited by slow Permeability. Community sewage disposal systems will nesced if population density increases. This scil is in capability subclasses Ille. irrioated, and I"JC. nonirrigated. 30—Heldt clay loam, 6 to 12 percent slopes. This deep. well drained, moderately sloping to roilino soil is an alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,000 feet, This soil formed in fine textured alluvium derived from shale and sandstone. The average annual precipitation is about 14 inches. the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is grayish brown clay loam about 8 inches thick. The subsoil is light brownish gray clay loam about 13 inches thick. The substraturn is light gray clay to a depth of 60 inches. Included with this soil in mapping are small areas of Olney, Arvada, and Kim soils that have slopes of 6 to 12 percent. These areas make up about 5 to 10 percent of the map unit. Permeability is slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for irrigated hay (fig. 6) and grazing. Some small areas are in irrigated crops. Alfalfa, small °rains, and grass or grass -legume mixtures are grown. Flooding is suitable for irrigating this soil. The intake rate is slow. Wide, deep cracks form when the soil dries. Irrigation and tillage practices should be carefully planned to overcome soil conditions and to control ero- sion. Erosion can be controlled by keeping the soil in hay ar pasture for at .least three-fourths of the time. Green manure crops and fertilizer are generally needed to maintain or improve tilth and fertility. The native vegetation on this soil is mainly wheat - grass, sagebrush, and rabbitbrush. When range condition deteriorates, (orbs and shrubs increase. When the range is in poor condition. undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- .tion. Reducing brush improves the range. Seeding im- proves range in poor condition. Western wheatgrass, streambank wheatgrass, and crested wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, squirrel, mourning dove, and pheas- ant find habitat on this soil. Community development and recreation are limited by slope, slow permeability, high clay content, and shrink - swell potential. Dwellings and roads can be designed to compensate for the low strength and shrink -swell poten- tial. Septic tank absorption fields are severely limited by slow permeability. Community sewage disposal systems will be needed if population density increases. This soil is in capability subclass 1Ve, irrigated and nonirrigated. 50—Olney loam, 3 to 6 percent stapes. This deep, well drained, gently sloping soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 - feet, This soil formed in alluvium derived from sandstone and shale, The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 125 days. Typically, the surface layer is grayish brown loam about 12 inches thick. The subsoil is grayish brown and light gray sandy clay loam about 21 inches thick. The substratum is light gray gravelly sandy clay loam or very gravelly sandy loam to a depth of 60 inches, included with this soil in maeping are small areas of Heldt, Potts, and Kim soils that have slopes of 3 to 6 percent. These areas make 'JD 5 to 15 percent of the map unit. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is slow. and the erosion hazard is moderate. This soil is used mainly for irrigated crops and hay. Alfalfa, small grains, corn for silage, and grass or grass - legume mixtures are grown. Small acreages are in fruits, including apples, peaches, and apricots. Isolated areas are used for grazing. This soil is irrigated by furrows and flooding. Sprinklers are also suitable. Drop structures in irrigation ditches help to control water and prevent excessive ditch ero- sion. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, (orbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves deteriorated range. Seed- ing improves range in poor condition. Crested wheat - grass. western wheatgrass. and Russian wildrye are suit- able for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, squirrel, pheasant. and some mule deer find habitat on this soil. Community development and recreation are limited by low strength. This soil is in capability subclasses ille, irrigated, and iVe, nonirrigated. 51—Olney loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on allu- vial fans and sides of valleys. Elevation ranges from 5,000 to 6.500 feet. This soil formed in alluvium derived from sandstone and shale. The average annual precipita- tion is about 14 inches, the average annua! air tempera- ture is about 48 degrees F, and the frost -free period is about 125 days. Typically, the surface layer is grayish brown loam about 12 inches thick. The subsoil is grayish brown and light gray sandy clay loam about 21 inches thick, The substratum is light gray gravelly sandy clay loam and very gravelly sandy loam to a depth of 60 inches. Included with this soil in mapping are small areas of Heldt, Potts, and Kim soils that have slopes of 6 to 12 percent. These areas make up 5 to 15 percent of the map unit. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for irrigated hay, fruits, and grazing. Grass -legume mixtures and apples, peaches, and apricots are grown. This soil is irrigated by furrows and flooding. Sprinklers are also suitable. Drop structures in irrigation ditches help to control water and prevent excessive ditch ero- sion. Keeping a grass or legume cover on this soil at least three-fourths of the time controls erosion. The native vegetation on this soil is mainly wheat - grass, needieandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, squirrel, pheasant, and some mule deer find habitat on this soil. Cornmunity development and recreation are limited by steep slopes and low strength. This soil is in capability subclass 1Ve, irrigated and nonirrigated. 56—Potts loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on mesas, benches, and sides of valleys. Elevation ranges from 5,000 to 7,000 feet. This soil formed in alluvium derived from sandstone, shale, or basalt. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is brown loam about 4 inches thick. The subsoil is reddish brown clay loam about 24 inches thick. The substratum is pinkish white loam to a depth of 60 inches. included with this soil in mapping are small areas of Kim, Olney, and Ildefonso soils that have slopes of 6 to 12 percent. These areas make up 10 to 15 percent of the map unit. Permeability is moderate, and available water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is severe. This soil is used mainly for grazing, wildlife habitat, and some dryland farming (fig. 10). Wheat, barley, and oats are grown. Minimum contour tillage and stubble mulching help to prevent excessive erosion. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing improves and maintains range condi- tion. Reducing brush improves range. Seeding improves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seed- ing, Preparing a seedbed and drilling the seed are good practices. Community development and recreation are limited by low strength. snnnk-swell potential. and slope. Dwellings and roads can be designed to overcome these limita- tions. Communir sewage systems will be needed if the Population density increases. This soil is in capability subclass 1Ve, irrigated and nonirrigated. RIFLE AREA, COLORADO • • 66—Torriorthents-Camborthids-Rock outcrop com- plex, steep. This broadly defined unit consists of ex- posed sandstone and shale bedrock, loose stones, and soils that are shallow to deep over sandstone and shale bedrock and stony basaltic alluvium. This complex occurs throughout the survey area.. The soils and out- crops are moderately steep to very steep. Slope ranges from 15 to 70 percent. Torriorthents make up about 45 percent of the com- plex, Camborthids make up 20 percent, and Rock out- crop makes up 15 percent The Torriorthents are on foothills and mountainsides below Rock outcrop. The moderately steep Camborthids are on lower toe slopes and concave open areas on foothills and mountainsides. Torriorthents are shallow to moderately deep. They are generally clayey to loamy and contain variable amounts of gravel, cobbles, and stones. The surface is normally covered with stones weathered from the higher - lying Rock outcrop. South of the Colorado River, basaltic stones and cobbles are on the surface. Camborthids are shallow to deep. They are generally clayey to loamy and have slightly more clay in the sub- soil than in the surface layer. The surface layer is light colored. The profile is normally free of stones, but scat- tered basalt stones, cobbles. and sandstone fragments are on the surface. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Some areas are covered with basal- tic boulders and stones. Small areas of limestone out- crops and exposed gypsum are in the eastern part of the survey area. Included in mapping are small, isolated areas of Ilde- fonso, Lazear, Ansari, Begay, Held. and Dollard soils. These intermittent areas make up 10 to 20 percent of this map unit. This complex is used for grazing, wildlife habitat, and recreation. The stones on the surface and the steep slopes make this complex unsuitable for crops. Some areas can be reseeded to pasture by broadcast seeding. Other plant- ing methods are made difficult by the stones and slopes. The native vegetation includes wheatorasses, blue - grasses, Indian ricegrass, needlegrasses, bitterbrusr. mountainmahogany, sagebrush, and an overstory of pinyon and juniper. The value of grazing is fair. The vegetation should be managed to maintain wood production and limited graz- ing. Selectively thinning the pinyon and juniper improves grazing and provides firewood and posts. Steep slopes, moderate to severe erosion hazard, and slow regrowth of trees affect harvesting and management. Most of this complex is a prime wintering area for deer. Rabbits, coyote, and a few elk also find food and cover on this complex. Building is limited by steep slopes and stoniness. These limitations can be overcome by appropriate design and construction. 'STATE OF COLORADO • Roy Romer, Oovirnor DEPARTM!NT OP NATURAL RESOURCES DIVISION[M OF WILDLIFE Perry D. Olson, Det r sect©. A08 Broadway Denver, Colorado 80216 Telephone: (303) 207• 1102 March 30, 1995 0584 216 Road Rifle, CO 81650 Mr. Dave Michaelson Garfield County Building and Planning 109 8th Street Glenwood Springs, CO 81601 Dear Dave: nEEER TO For Wiidlife For Penn ib 1 have reviewed the Cedar Hills Subdivision sketch plan that you sent me. This is a low elevation site with a southern exposure and thus important to wildlife, especially during the winters. This is critical deer winter range and up to one hundred and sixty elk also frequent this property. The plan did not address wildlife and the associated impacts from the development, nor did it specify the covenants. The Division of Wildlife requests the following: 1) Property owners required to kennel dogs 2) Wire fences for pastures be constructed according to DOW specifications 3) Property owners be required to provide their own fencing to protect haystacks 4) Prospective property buyers be advised that the DOW is not liable for game damage to gardens and ornamental flowers, shrubs, and trees Thank you for requesting our input. Respectfully, (2 Don Crane District WiJdlife Manager DEPARTMENT OF NATLJRAL RESOURCES, Jarnes $ Lochhead, Execu1ivo D.ractor WILDLIFE COMMISSION, Thomas M Eve, Chairman • Louis F. Swrtt, Vi,.e•C!roan • Ai mg(,) Sawa'. Secititary JOSS. Leno Ion Dcvd. Jr . Member • E!don W. Cooper. Mernt)er' Retract:a L Frank. Merrit,er GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Phone (303) 945-8212 INDIVIDUAL SEWAGE DISPOSAL PERMIT PROPERTY David Mavno Owner's Name Present Address Permit 205%w Assessor's Parcel No. it This does not constitute a building or use permit. 4361 County Road 214, Silt: Phone 4361 County Roars 214, Silt System Location Legal Description of Assessor's Parcel No. SYSTEM DESIGN Septic Tank Capacity (gallon) Other Percolation Rale (minutes/inch) Numberr of Bedrooms or other) Required Absorption Area - See Attached Special Setback Requirements - Date Inspector FINAL SYSTEM INSPECTION AND APPROVAL (as installed) Cali for Inspection (24 hours notice) Before Covering installation System Installe/�✓'1 Septic Tank Capacity I i✓ 60 Septic Tank Manufacturer or Trade Name Septic Tank Access within 8•' of surface Absorption Area g' x .3 4 • Absorption Area Type and/or Manufacturer or Trade Name Adequate compliance with County and State regulations/requirements Other11(3:;L�} --r Date Inspector RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SiTE *CONDITIONS: 1, Ati installation must comply with all requirements or the Colorado State Board of Health Individual Sewage Disposal Systems Chapter 25, Article 10 C.R.S. 1973, Revised 1984. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con- nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be violation or a requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who constructs. alters. or installs an individual sewage disposal system in a manner which involves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class 1, Petty Oflense ($500.00 fine — 6 months in jail or both). Anolicenl: Careen Cnnv na.nartmnnt. ri 4 1 4 } i 4 ti • • PERCOLATION TEST DATA Test of Record Percolation Rate = 15 MPI Test Hole #1 = 80 MPI Test Hole #2 = 86 MPI Test Hole #3 = 6 MPI Test Hole #4 = 68 MPI Test Hole #5 = 15 MP1 • DRAINAGE PLAN FOR CEDAR HILLS RANCH PRELIMINARY PLAN SUBMITTAL HCE JOB NO. 95020.002 REVISED: November 17, 1995 May 19, 1995 (7.41h,ea Leslie A. Hope, E.I., Desig Engineer `,,,utwtntttrrtt►,rri to pEaisp, .,--.2c).4;) `=Timqthy P. Beck, P.E., Principal Engineer r .• P s' . .,C... tea"...'. .. 8 Y .L4.. itii, iii 1ymi.,+ ` 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: 303-945-8676 • FAX: 303-945-2555 • • TABLE OF CONTENTS SECTION PAGE INTRODUCTION 1 OFF-SITE BASINS 1 HYDROLOGY 1 DRAINAGE PLAN 1 SUMMARY 1 DRAWINGS: Vicinity Map Offsite Basin Map Basin Map APPENDIX: Calculations See also: Grading and Drainage Plan, Sheet 4 of 8 of the Preliminary Plan Drawings, bound separately • • NTRODUCTION 1 The proposed Cedar Hills Ranch subdivision is located on the north side of I-70 between Silt and New Castle. The 77.50 acre parcel is being subdivided into 17 proposed residential lots. See the enclosed Vicinity Map for site location. OFF-SITE BASINS The majority of the off-site runoff is contributed by range land vegetated with sage and juniper. The drainage basins are shown on the enclosed Offsite Drainage Basin Map. The stormwater runoff due to the offsite drainage basin designated #1 flows along the western property boundary. The flows from offsite basin #2 does not affect this property. This basin is subject to debris flows due to the steepness and channelization of the basin. However, the offsite basin #1 does not have as steep of a basin and should experience lesser debris flows during large storm events than offsite basin #2. The calculations for the 25 year and 100 year peak flows are provided in the Appendix. In addition to stormwater runoff, the Roseman Irrigation Ditch runs through the southerly and westerly portion of the project. According to Joe Dice, operator of the headgates, the maximum flow released into the ditch is 2 cubic feet per second. This ditch should convey the stormwater runoff for the northern portion of the site during the design storm event. No floodplain established by FEMA affects this project. HYDROLOGY The hydrologic methods for this study are outlined in the Soil Conservation Service publication "Procedures for Determining Peak Flows in Colorado" (1980). Peak flows in this area will be primarily rainfall derived since the whole site is well below 8000 feet in elevation. Therefore, the storm drainage system should be more than adequate to handle spring snowmelt runoff. DRAINAGE PLAN The storm runoff flows from this site will be separated into primarily two basins due to the irrigation ditch. The flows from the southern portion of the project will be diffuse and drain towards County Road 214. The flows from the northern portion of the site will be routed through a detention pond located in open space. The detention pond was sized based on the difference between the historic flows and the developed condition's flows for the 25 year storm event for the entire site. The detention pond calculations, along with the sizes of the proposed culverts, are provided in the Appendix. The general flow patterns are shown on the Drainage Plan, along with the locations and information on the proposed culverts. SUMMARY The Drainage Plan for Cedar Hills Ranch includes a variety of drainage improvements, all designed to work together to mitigate the expected drainage impacts on the site. 0 ARE Cb 1 `�.. _ !!! ✓ ■ AND_ ti 11 i o RIO N ■ Ad 6--4� .\ 1.i s• 11 X ` It 11 E N 4M1,. To NEW CAS.t_E Y our,/ TR r COVCCROSIG I I I I I I 11 IF 7aP IDS Rat►cg.'41.012 kki HIGH COUNTRY ENGINEERING, INC. 923 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 (303) 945-8676 • FAX (303) 945-2555 �4la ICI I.1 Tv P APr L.E'DAR. Hi LL`- RAN`h 1,•= 1000, HCE s5o2o,002 5/[q 7(15 v 6s Ir t. • E� �}'',� iY -- 1• ,- '(:),----1_,--':---`- ] �_- t, � ± — `_` - 748 2 E�rning= 1 r f- " '\ c6D WARE AN D �a5 BOUNI3PRy ts� w t�� F• 0 L PA' '!AND pErweR OWEQ 7n (DLit," rile r GWCERnvc f • 7 • ►-1:i►1aF %vJ r- nn HIGH COUNTRY ENGINEERING, INC. 923 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 (303) 945-8676 • FAX (303) 945-2555 C E.bRR 1 11L1S ' ti'l i]1VIS1[+P} C- % 51TE IDPA01-4/5.(--C 1507." -1.0 I i / N /'1 14f-- zooc V 'ERRING CREEK LAND b3. L.L.0 Cerin OCiuhrrY, coLoRADo ceuAn R.O.Na-1 WAAGE limie HON COMM liW*111,00 F,HACO .96000 MCI DEIL 1.011 mr4 irs DATE Mt /WIVE • • APPENDIX /arr. 01./A1 TR r NG/N,R r/PIN.0 0 r • Job Title Job No 7077 0.01 by _Aft date 1�1 / 1C . &A by Subject kkailiCL9.0 page IA date of n f'jt'or"flfirr(+f .j Area - 118. 9: 7 an -- 0. -7( rn r M. Jo r'1 t,rlilf 1 t rittly. '+IT3E' 01' (_ 'Of !'.'•'17fT'.)fjot! 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LCi74,fri)lr1S 15 (4+1� rni r}+I;r} ��irse T' lf(�fir'•tl" 11:ro'l� lhl(1 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: 303-945-8676 FAX: 303-945-2555 Afc.ovriewiNc O(JNTR r Job Title (edir i/J Job No. (-)5620 e 0;2 by_t/ date cit'd by elate Subject ge of Ora orBa:.-,/ C MICALCMCY/draffi<L2 A /2(1-.)/ lev o&Ai' 8.5 / eAcp (0-61,r778 4z = (1,02 f- OUP. 4 ,5f ?C deg F; 5- / /' /),,C4/efyi )05-1(feoe.A) • ,g0% round' aiwer • flegela.hi„Y) lufripr -'7-(drpe 1542' iStwl .02e CAl= tr; a2 Or L'iDr hr /006 r- 241 A r- ---- 74 4 = I (3P (7 11Z ikk ne-q -At 29ft- • 1.4/ Q1 kdadcockitu- 14-1/ a L8_1(11441:1 cs-m 7) 4.4.07/.7/#0,2171 7CfS c1-,,,)• Y<,zu 97r5 -8-40 firy offio.ff.,1„ c/f / 7.2/"/f.. L 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: 303-945-8676 • FAX: 303-945-2555 Job Title 1'fktr /li'Hs' /,Q/ ` Job No. by Subject date `%/9i.3. ck'd by date page of Qcee,Qi`s ru4air1 rc(7 &S,'n are° • ,?; 16 /,.0:75 --t- t�� l.,/7r- .(mil:) C,, 6/ 1-6 1, .. al, 7 (y.'td1i(g Pim .e..00l) 95,6 c''-7/;) . (2 0 ` ''ri) )CCS, 2i.)(° 782 )_ i (0).(. '1i.)(0,r)76? cOotk. d. oURr{ Io.w LJ /c,4 /8,Ca ci ,Ocis := 31.,.7..04'5 ...i....Odfs ---- !Doty hrnis .049(O thrii opraloo ahrz,Aciure c i cf_D t- r for, 0)1s /62 4Ic /, ( `i! - ' ; ?1 coo fob (99o` ( . q f We.0 ()" /4P 1)(,)/-)1)0175 )(10,( 7) 3,6...CFs 2,.:3cfs uea rxx t r . Cu (alar / ire .&s ir] /i u', 252,3 111 n• 06.9r. r. rn fig 9)(, '/)(. ac//)- 2. 0,C) 'Jal,1 8/ 2 e crs 'Loc?,.- (970)(Q8/)(6,0/Y)1).=- t 5,0c6Jcj �. zL'! C:M.P to 60/ 1,1 / d k aci. i e,r 5i?c-Sr`;r--4e. CA..:u r k 1.1) 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: 303-945-8676 • FAX: 303-945-2555 0 4 A) INLET CHART 110 146 156 144 4 105 ,t 4 95 4 1. 2 4 O 100 45 M -a0 4 .ter 12 q • - 10 - 40 - 10,000 6,000 - 6,000 - 5,000 - 4,000 3,000 2,000 - 1,000 = 500 = 400 ▪ 100 - 400 ▪ 300 - 200 4 33 0 27 24 5 -� 2 ;- 20 0 EXAMPLE 0.341. 13.01.11 5.11 11. 44 •0 11.01 (11 1.4 3.4 Iii 1.1 1.3 111 1.3 14. 10 11 1111 (3) - 4, CALE 111 111 EMTRANCE TYPE 0110.111 011...1 11 1..11.4 11 111/1 d.111.1 TI .50 v1010,111 11131 111,.11 11.111.11113 11 111CI 111, 111. 11,.141 111111.1 lib. 1411.51 3 ../ 0 11111,, 1....u...1 11b11f 1.11, Reference: USCOT, F-1WA. HEC -5 (1965), 1 0 z EADWATER O - 1.3 1.6 - 1.0 1.0 0 .6 .7 - .1 B) OUTLET CHART -Flowing Full, n = 0.024 1 u x 4 2000 00 600 400 100 400 300 00 00 120 106 15 14 2 46 44 45 t) 60 i So 40 = O �a•Ss 1W- 30 20 10 • 31 33 30 %1 27 24 21 16 12 FIGURE 8-7 Inlet and Outlet Nomographs for Circular Corrugated Metal Pipe Culverts 0 1 7 00001 0E00 OVI.St (44001 1.. ....•211 1.. w10 .11.. a1 ..wa.1•/, 1....11 .4 1. . dlh.11 1•14..041. al qur 111111.w. 0 r c K m ru I� it 0 0 m 0 C a) m (!i O r71 0 w 0 C1 N 0G O 0 7 c) (0 ID K to • • TRAFFIC ANALYSIS FOR COUNTY ROAD 262 GARFIELD COUNTY PREPARED FOR: CEDAR HILL SUBDIVISION MR. NORM CLASEN 160 SPRING CREEK ROAD BASALT, CO 81621 PREPARED BY: HIGH COUNTRY ENGINEERING, INC. 923 COOPER AVE. GLENWOOD SPRINGS, CO. 81601 BICE Job No. 95020.04 REVISED: NOVEMBER 19, 1995 MAY 19, 1995 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: 303-945-8676 • FAX: 303-945-2555 • • TABLE OF CONTENTS EXECUTIVE SUMMARY 1 INTRODUCTION 2 Study Methodology 2 RESULTS 4 Volume Data 5 Projected Flows 6 ANALYSIS 7 APPENDIX ...... 8 ii • • EXECUTIVE SUMMARY The purpose of this study was to evaluate the safety and operational characteristics of County Road 262. The study involved an analysis of existing conditions, and the analysis of the functionality of the roadway with projected traffic flow increases due to the development of the Cedar Hills subdivision. It was our opinion due to the geometries of County Road 214 the primary route used by the local traffic will be County Road 262 to Highway 6. This offers the most direct and quickest route to the interstate. Consequently, an analysis was not performed on County Road 214. 24 Hours traffic counts were taken on the roadway from Tuesday, May 9th - Tuesday, May 16. Peak hour volume counts were taken on Thursday, May 11 from 6:00 a.m. - 9:00 a.m. and again from 4:00 p.m. - 7:00 p.m. The roadway was analyzed with the existing and projected traffic flows using the "Highway Capacity Software, Release 2.1". The study indicates that the roadway is currently operating at a Level of Service A and that with the addition of traffic from Cedar Hills it will still be operating at a Level of Service A. Based on the information gathered by this study and the results of the analysis, the safety of the roadway will not be reduced and the delay will not be increased by the construction of Cedar Hills subdivision. • INTRODUCTION The purpose of this study was to evaluate the safety and operational characteristics of County Road 262. The study involved an analysis of existing conditions, and the analysis of the functionality of the roadway with projected traffic flow increases due to the development of the Cedar Hills subdivision. The analysis was to determine if the development of Cedar Hills was adversely impacting the roadway. Study Methodolo The study procedure involved the following tasks: • Qualitative Assessment - A qualified engineer investigated the roadway to observe its operation and identify any unusual geometries or traffic flow characteristics. • Traffic Volume Data - Three (3) hour peak hour counts were performed on County Road 262 for the A.M. and P.M. peak hours. • Roadway Analysis - The roadway was analyzed with both existing and projected flows from Cedar Hills using the "Highway Capacity Software, Release 2.1" developed by the University of Florida Transportation Research Center. The software is modeled after the "Highway Capacity Manual" which is written by the Transportation Research Board. Both the software and manual are widely accepted for accurately modeling the operating characteristics of roadways. Roadway are typically defined as operating at a particular Level of Service. The Level of Service of a roadway varies from A which is the best to F which is the worst. These levels are defined as follows: Level of Service A - describes primarily free flow operation at average travel speeds usually about 90 percent of the free flow average speed. Vehicles are completely unimpeded in their ability to maneuver within the traffic stream. Stopped delay at intersection is minimal. Level of Service B - represents reasonably unimpeded operations at average travel speeds usually about 70 percent of the free flow speed. The ability to maneuver within the traffic stream is only slightly restricted and stopped delays are not bothersome. Drivers are not generally subjected to appreciable tension. 2 • 1 Level of Service C - represents stable operations. However, ability to maneuver and change lanes in midblock locations may be more restricted than in LOS B, and longer queues and/or adverse signal coordination may contribute to lower average travel speeds of about 50 percent of the average free flow speed. Motorists will experience an appreciable tension while driving. Level of Service D - borders on a range which small increases in flow may cause substantial increases in approach delay and, hence, decrease in speed. This may be due to adverse signal progression, inappropriate signal timing, high volumes, or some combination of these. Average travel speeds are about 40 percent of free flow speed. Level of Service E - is characterized by significant approach delays and average travel speeds on one-third free flow speed or lower. Such operations are caused by some combination or adverse progression, high signal density, extensive queuing at critical intersections, and inappropriate signal timing. Level of Service F - characterizes flow at extremely low speeds below one-third to one- quarter of the free flow speed. Intersection congestion is likely at critical locations, with high approach delays resulting. Adverse progression is frequently a contributor to this condition. Definitions were paraphrased from the "Highway Capacity Manual". 3 • • RESULTS Peak Hour traffic volume counts were taken from 6:00 - 9:00 A.M. and 4:00 - 7:00 P.M. on Thursday, May 11, 1995. The peak hours were determined to be 7:00 - 8:00 A.M. and 6:00 - 7:00 P.M. The collected data is shown in tabular form on the following page. 4 Cate Tuesday. May 9 Wednesday, May 10 Thursday. May 11 Friday. May 12 Saturday, May 13 Sunday, May 14 Monday, May 15 Tuesday, May 16 Time (AM) 6:00 6:15 6:30 6:45 7:00 7:15 7:30 7:45 8:00 8:15 8:30 8:45 9;00 Time (PM) 4:00 4:15 4:30 4:45 5:00 5:15 5:30 5:45 6:00 6:15 6:30 6:45 7:00 . • Clayson Traffic Study Traffic Volumes - C.R. 242 24 Hour Traffic Volumes Tuesday, May 9th - Tuesday, May 16 Guage Readings Calculated Flows Two -Way Southbound Northbound Southbound 694 373 860 446 93 73 1060 546 100 100 1229 628 87 82 1411 719 91 91 1651 843 116 124 1779 908 63 65 1972 1009 92 101 Thursday, May 11 - Peak Hour Counts - AM Guage Readings Calculated Flows Two -Way Southbound Northbound Southbound 1055 1056 1057 1058 1060 1064 1069 1069 1072 1074 1076 1076 1081 542 542 543 544 546 551 555 555 558 559 560 560 563 Peak Hour 7:00 - 8:00 Rate = 13 vph 1 0 0 0 0 1 0 0 1 1 0 2 Thursday, May 11 - Peak Hour Counts - PM Guage Readings Two -Way 1149 1151 1154 1156 1162 1166 1167 1173 1176 1182 1188 1193 1200 Calculated Flows Southbound Northbound Southbound 599 601 0 2 601 3 0 601 2 0 602 5 1 604 0 2 604 1 0 607 3 3 608 2 1 611 3 3 612 5 1 616 1 4 622 1 6 0 1 1. 2 5 4 0 3 1 1 0 3 Peak Hour = 6:00 - 7:00 Rate 7- 24 vph • • ANALYSIS The analysis was performed using the "Highway Capacity Software, Release 2.1" developed by the University of Florida Transportation Research Center. This software is based upon the research, formulas and data found in the "Highway Capacity Manual" which is written by the Transportation Research Board. Both the software and manual are widely accepted as accurately modeling the operating characteristics of an intersection and a roadway. The roadway was modeled for the P.M. Peak Hours using both the existing and projected traffic flows. The output from the computer runs is included in the Appendix. In all scenarios the roadway is operating at Level of Service A. The results indicate that the construction of Cedar Hills will have no significant effect on the safety or delay on County Road 262. 7 Projected Flows The following flows were developed using the "Trip Generation Manual, 5th Edition", January 1991. Copies of the sections used are included in the Appendix of this report. P.M. Peak Hour of Generator Equation: Ln(T) = 0.902 Ln(X) + 0.528 X = Number of Dwelling Units (Lots) T = Number of Trip Ends Trip Ends are defined as a single or one -direction vehicle movement with either the origin or the origin of the destination (exiting or entering) inside the study site. For trip generation purposes, total trip ends for a land use over a given period of time are the total of all trips entering plus all trips exiting the site during the designated time. Cedar Hills has 25 lots. Ln(T) = 0.902 Ln(25) + 0.528 T = 30.92 Round up to 31 Trip Ends 65% of the projected flows will be entering the project and 35% will be exiting. Assuming that all of the traffic generated by Cedar Hills will use C.R. 262 to access State Highway 6. This will increase the North bound traffic on C.R. 262 by approx. 21 trips and the South bound by approx. 10 trips in the P.M. Peak Hour. This will bring the total projected P.M. Peak Hour Two -Way flow on C.R. 262 to approximately 55 VPH. 6 • • APPENDIX 8 • • TRW GENERATION MANUAL (Pertinent Portions) Single.amily Detached dousing (210) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 301 Average Number of Dwelling Units: 222 Directional Distribution: 65% entering, 35% exiting Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 1.01 0.42 - 2.98 1.05 Data Plot and Equation T = Average Vehicle Trip Ends 3.000 2.000 1.000 X x Actual Data Points 1000 X = Number of Dwelling Units Fitted Curve 2000 Average Rota Fitted Curve Equation: Ln(T) w 0.902 Ln(X) + 0.528 R2 = 0.92 3000 Trip Generation, January 1991 261 Institute of Transportation Engineers • • HIGHWAY CAPACITY SOFTWARE OUTPUT • • EXISTING CONDITIONS 1985 HCM.TWD-LANE HIGHWAYS ******************err********** FACILITY LOCATION... ANALYST TIME OF ANALYSIS.... DATE OF ANALYSIS.... OTHER INFORMATION... . County Road 242 Joe Hope . 9.00 AM . 05-19-1995 A) ADJUSTMENT FACTORS PERCENTAGE OF TRUCKS 1 PERCENTAGE OF BUSES 0 PERCENTAGE OF RECREATIONAL VEHICLES 1 DESIGN SPEED (MPH). 35 PEAK HOUR FACTOR 1 DIRECTIONAL DISTRIBUTION (UP/DOWN) .. 50 / 50 LANE WIDTH (FT) 11 USABLE SHOULDER WIDTH (AVG. WIDTH IN FT.)0 PERCENT NO PASSING ZONES 0 B) CORRECTION FACTORS LEVEL TERRAIN E E E f f f LOS T B R w d HV A 2 1.8 2.2 .65 1 .98 B 2.2 2 2.5 .65 1 .97 0 2.2 2 2.5 .65 1 .97 D 2 1.6 1.6 .65 1 .98 E 2 1.6 1.6 .82 1 .98 C) LEVEL OF SERVICE RESULTS INPUT VOLUME(vph): 24 ACTUAL FLOW RATE: 24 SERVICE LOS FLOW RATE V/C A 267 .15 8 478 .27 C 762 .43 D 1146 .64 E 2260 1 LOS FOR EXISTING CONDITIONS: A • Projected Flows 1985 HCH:TWO-LANE HIGHWAYS FACILITY LOCATIONCounty Road 242 ANALYST Joe Hope TIME OF ANALYSIS 9:00 AM DATE OF ANALYSIS 05-19-1995 OTHER INFORMATION A) ADJUSTMENT FACTORS PERCENTAGE OF TRUCKS 1 PERCENTAGE OF BUSES 0 PERCENTAGE OF RECREATIONAL VEHICLES 1 DESIGN SPEED (MPH)..... 35 PEAK HOUR FACTOR 1 DIRECTIONAL DISTRIBUTION (UP/DOWN)_. 50 / 50 LANE WIDTH (FT) 11 USABLE SHOULDER WIDTH (AVG. WIDTH IN FT.)0 PERCENT NO PASSING ZONES 0 B) CORRECTION FACTORS LEVEL TERRAIN LOS A E E E f f f T B R w d HV 2 1.8 2.2 .65 1 .98 B 2.2 2 2.5 .65 1 .97 C 2.2 2 2.5 .65 1 .97 D 2 1.6 1.6 .65 1 .98 E 2 1.6 1.6 .82 1 .98 C) LEVEL OF SERVICE RESULTS INPUT VOLUME(vph): 55 ACTUAL FLOW RATE: 55 SERVICE LOS FLOW RATE V/C A 267 .15 B 478 .27 C 762 .43 0 1146 .64 E 2260 1 LOS FOR PROPOSED CONDITIONS: A • • COUNTY ROAD 214 DATA AND CALCULATIONS OCT -09-1995 07:39 FROM GARF1ELD CO ROAD 8 BRIDGE TO 9452555 P.01 09 -Oct- 95 • ROAD COUNTS Page 1 county Road Number Veh Co Date Tak #Hr Comments 1 CO RD 214 CO RD 214 CO RD 214 eCO RD 214 4 CO RD 214 6 CO RD 214 7 CO RD 214 8 CO RD 214 9 CO RD 714 10 CO RU 214 Total 606 04-20-95 117 EAST OF 250 ROAD ON CR214 1 222 09-25-95 24 JUST EAST OF CR235 ON CR214 Ot 200 09-25-95 25 JUST WEST OF CR262 ON CR214 191 09-26-95 24 JUST EAST OF CR235 ON CR214 01 185 09-26-95 25 JUST WEST OF CR262 ON CR214 756 10-04-90 20 ON CR 214 AT THE INT OF CR 233 700 12-04-90 48 EAST OF CR335 ON CR214 443 12-04-90 48 WEST OF HWY 6 549 12--06-90 95 JUST WEST OF CC RD 235 1132 12-06-90 95 JUST WEST OF CO RD 228 4784 521 THERE WERE 134 CARS GOING OVER THE E SPEED OF 40 MPH iii * THERE WERE 131 CARS GOING OVER THE SPEED OF 40 MPH TOTAL P.01 Job Title date 111 • by 7 Subject CC`21""':-1, ---- }-)L page of ck'd by Job No date r- ••••• . • ='C ,+•• %_.3,,..3%-• 1 0"--• • ..-9t-4 .1r , - • 4_EL Lc_ -r- rr'jt.,_ • • • f • • es 'w•r. •••••• • 1 On- mo - YE. • 3 4 ••-• '.._ • - I— A 7:-/- .17, • gm. mar •C ' AST C,7-7 C42, ZS7-. • VE.2-1C-c• id- 0-2_ 2 r2 -Er °w; 923 Cooper Avenue • Glenwood Springs. CO 81601 Telephone: 303-945-8676 • FAX: 303-945-2555 Job Tale_ Job No by dale ck'd by Subject page '2- of date 2: LtLD/:�t '77 s si tr .714 Ate' •— . € 4 1 ..fi r � � ....i :`, 4+' " .-. �"° �, ...._ `-' • - AS .- . ' r -� -=--- �� ,.tet„'? � '�'•d" Ds-- Z.,, A.— ° +„.rte • -- z- - c .; • 1985 HCM:TWO-LANE HIGHWAYS ****************************************** FACILITY LOCATION... ANALYST TIME OF ANALYSIS.... DATE OF ANALYSIS OTHER INFORMATION... • ounty Road 214 Joe Hope . 9:00 AM 10-08-95 . Location TWO A) ADJUSTMENT FACTORS PERCENTAGE OF TRUCKS 5 PERCENTAGE OF BUSES... 5 PERCENTAGE OF RECREATIONAL VEHICLES 5 DESIGN SPEED (MPH) 35 PEAK HOUR FACTOR.. .86 DIRECTIONAL DISTRIBUTION (UP/DOWN) LANE WIDTH (FT). 9 USABLE SHOULDER WIDTH (AVG. WIDTH IN FT.)0 PERCENT NO PASSINGZONES 0 90 / 10 B) CORRECTION FACTORS LEVEL TERRAIN E E E 1 f f LOS T B R w d HV A 2 1.8 2.2 .49 .75 .87 B 2.2 2 2.5 .49 .75 .84 C 2.2 2 2.5 .49 .75 .84 D 2 1.6 1.6 .49 .75 .9 E 2 1.6 1.6 .66 .75 .9 C) LEVEL OF SERVICE RESULTS INPUT VOLUME(vph): 42 ACTUAL FLOW RATE: 49 SERVICE LOS FLOW RATE V/C A 134 .15 B 234 .27 C 373 .43 0 593 .64 E 1249 1 LOS FOR GIVEN CONDITIONS: A • 1985 HCM:TWO-LANE HIGHWAYS *********************** FACILITY LOCATION ANALYST TIME OF ANALYSIS DATE OF ANALYSIS OTHER INFORMATION A) ADJUSTMENT FACTORS ounty Road 214 Joe Hope 9:00 AM 10-08-95 Location TWO w/ High Trucks PERCENTAGE OF TRUCKS 10 PERCENTAGE OF BUSES 5 PERCENTAGE OF RECREATIONAL VEHICLES 5 DESIGN SPEED (MPH) 35 PEAK HOUR FACTOR .86 DIRECTIONAL DISTRIBUTION (UP/DOWN) 90 / 10 LANE WIDTH (FT) 9 USABLE SHOULDER WIDTH (AVG. WIDTH IN FT.)0 PERCENT NO PASSING ZONES 0 8) CORRECTION FACTORS LEVEL TERRAIN E E E f f f LOS T 8 R w ci HV A 2 1.8 2.2 .49 .75 .83 B 2.2 2 2.5 .49 .75 .8 G 2.2 2 2.5 .49 D 2 1.6 1.6 .49 E 2 1.6 1.6 .66 C) LEVEL OF SERVICE RESULTS .8 .86 .75 .86 INPUT VOLUME(rph): ACTUAL FLOW RATE: SERVICE LOS FLOW RATE V/C 73 85 A 129 .15 8 223 .27 C 355 .43 A 568 .64 E 1195 1 LOS FOR GIVEN CONDITIONS: A • 1985 HCK:TWO-LANE HIGHWAYS ********** FACILITYLOCATION.... ANALYST.............. TIME OF ANALYSIS DATE Of ANALYSIS OTHER INFORMATION . aunty Road 214 . Joe Hope 9:00 AM 10-08-95 . Location TWO A) ADJUSTMENT FACTORS PERCENTAGE OF TRUCKS 5 PERCENTAGE OF BUSES 5 PERCENTAGE OF RECREATIONAL VEHICLES 5 DESIGN SPEED (MPH) 35 PEAK HOUR FACTOR .86 DIRECTIONAL DISTRIBUTION (UP/DOWN) 90 / 10 LANE WIDTH (FT) 9 USABLE SHOULDER WIDTH (AVG. WIDTH IN FT.)0 PERCENT NO PASSING ZONES 0 B) CORRECTION FACTORS LEVEL TERRAIN E E E f f f LOS T B R w d HV A 2 1.8 2.2 .49 .i5 .87 B 2.2 2 2.5 .49 .75 84 C 2.2 2 2.5 .49 .75 .84 D 2 1.6 1.6 .49 .75 .9 E 2 1.6 1.6 .66 .75 .9 C) LEVEL OF SERVICE RESULTS INPUT VOLUME(vph): 73 ACTUAL FLOW RATE: 85 SERVICE LOS FLOW RATE V/C A 134 .15 8 234 .27 C 373 .43 D 593 .64 E 1249 1 LOS FOR GIVEN CONDITIONS: A • • • WATER SUPPLY INFORMATION • Cedar Hills Subdivision Physical Water Supply Location Map Well 3 Pump Test Report Zancanelia and Associates Well 3 Pump Test Peer Review Groundwater Specialists Fire Protection Review Don Zordel • Location Map o0- 0 4 AND Well 3 Well 4 HINDS I I Ir f1 .-` Zancanefla & Associates, Inc. Engineering Consultants P.O. Box 1908 1 005 Cooper Ave. Glenwood Springs, CO 81602 FIGURE 1 Cedar Hills Ranch Location Map Scale 1" = 1000' 1 • • Well 3 Purnp Test Report Zancanella and Associates R.O. Box 1908 1 005 Cooper Ave. Glenwood. Springs, CO 81602 Z4NC414ELL4 41ND 455OC141E5 44, ENGiNEE121NG CONSUILT:N T5 July 26, 1995 Revised November 16, 1995 Norm Clasen Cedar Hills Ranch P.C. Box 1155 Basalt, Co 81621 Re: Cedai Hills Ranch Well #3 Dear Nor rn: (970) 945-5700 (970) 945-1253 Fax At your request, Zancanella and Associates, Inc. made arrangements to pump test the Cedar Hills Well #3 to determine its long term safe yield. The well is located in the SE114 of the NE1 f4 of Section 1, Township 6 South, Range 92 West of the 6th P.M. The approximate location of the well is shown on the attached site map (Figure 1). The static water level in the Cedar Hills Well #3 on June 1 6, 1 995 was 73.17 feet below the top of the well casing. The well was drilled to a total depth of 160 feet and was completed in the Colorado River Alluvium. The static water level in the Cedar Hills Well #3 will provide approximately 86.8 feet of available drawdown. This is a substantial amount of available drawdovvn. The well was tested on June 16, 1995 by Samuelson Pump Company. A Goulds 1-1/2 hp pump powered by an electric generator was installed for the test. A pumping rate of 23 gpm was selected and the well was purnped continuously for a 21 hour period. The drawdown and time data collected during the test is presented in Table 1. We have plotted the data in a drawdown vs. time curve for Well #3 and have presented the curve in Figure 2. The well drawdown stabilized after approximately 220 minutes of pumping. The well continued to be purnped in the stable water level condition for the remainder of the 21 hour pumping period. The pumping level at 23 gpm stayed well above the pump intake during the pumping test. If the well continues to pump at the same water level that was established during the test from 220 minutes to 1260 minutes, the well would be able to pump indefinitely at the 23 gpm rate with the water level remaining above the pump intake. (Figure 2) Page 1 • 0 5 .T...7: -..k \ \\ "3-1 /- \,s i;rr`?7 \) 1 -\__.‘ c i \ 't !• } "l V/.1:1 .` \Nell 1 --‘ S.6C6 Well 2 • w .. FWcll 3 r----' : ANa ----'------{ Well 4 ! - HiNas p n 0 Zzrncenelle & Associates, Inc. Eriiiintwring Consultant:: P.O. fox 1908 1005 Cooper Ave. Glenwood Springs, CO 81 602 p1 NJ L FIGURE 1 Cedar Hills Ranch. Location Map Scale 1 " = 1000' • TABLE 1 CEDAR MILLS RANO I WELL 1/3 PUMPING TEST DATA DATE 'TIME WATER UMW LEVEL 0OWII i 1" 111' Q 10 -Jun -95 01:58 PM 73.17 0 0 in -.how 05 01:57 PM 74 13 0 G1 1 23 GPM 10- J941-0501:50 PM 00.75 7.0 2 23 GPM 10 -Jim -95 01:59 PM 01 42 0.3 3 23 fn -Jun -05 02:00 PM 01 03 0.7 4 23 10-J99 -11502:01 PM 02 13 0.0 6 23 10 -Jain -95 02:02 PM 02.13 9.2 0 23 10-Jrrn-115 02:04 I'M 02 50 03 0 23 10- .11/r1-05 02:00 PM 02 03 41 5 10 23 14 -Jun --95 02:00 PM 02.71 9 5 12 23 10 -Jun -95 02:11 PM 03 17 1041 15 23 GPM in- .tarn 95 n2.1n Ph1 111 17 111 n 20 23 10 Jrrn '15 U2:20 PM 03 42 10 3 30 23 10 -Jim - 05 02:36 PM 03 47 10 3 40 23 10-J1ni 05 05:30 PM 03 00 10 4 220 23 in -Am -DS 09:001'51 03 03 I0 5 424 23 1 7 -Jim 115 10:55 AM 03 50 10 3 1250 23 CEDAR HILLS RANCH WELL //3 RECOVERY "JEST DATA IIAIF WMtEn ur1AW LEVEL DOWN I 1" 111' 4 17--Joiur-cis 10:5n AM 03.50 10.3 1200 0 0 GPM 17--Jim-9a5 10:57 AM 77.13 4.0 1201 1 1201.0 0 17-J11n-05 11:00AM 76.17 2.0 1264 4 310.0 0 17-41H1-05 11:01 AM 74.03 1.7 1205 6 263,0 0 17 -Join -05 11:03 AM 74.07 1.6 1207 7 401.0 0 17-Juoi-05 11:07 AM 74.42 1.3 1271 11 116.6 0 17 -Jim -95 11:17 AM 74.00 0.0 12111 21 81.0 0 17 -Jun- q5 11:27 AM 73.83 0.7 1291 31 41.$ 0 J I4ar xa.wtJ Page 3 CEDAR HILLS RANCH WELL 3 DRAWDOWN vs TIME • M I w a 0 • :a €9 1') NOG W-Ia 0 -10 0 CEDAR HILLS RANCH WELL 3 RESIDUAL DRAWDOWN a Total Available Drawdown -80 86.8 Feet 10 )03 TIME t/t' 1000 10x0 100 FIGURE 3 • • • • Recovery data for the well was collected for a 30 minute period after pumping had stopped. The recovery data is also presented in Table 1. The recovery plotted as residual drawdown is shown in Figure 3. Based on the residual drawdown curve, the well displayed positive recharge characteristics, or in other words the well was recovering at a rate greater than it was pumped. This was likely caused by the influence of the nearby irrigation ditches and springs. Table 2 presents the water diversion requirements for 20 units (18 residential and 2 open space lots). All hough not required, we have provided for the two open space Tots as though they were residential units (350 gpd) in anticipation that the future homeowners will have some small recreational uses on these lots (2, and 13). We have assumed that each residential unit will have 3.5 people, each using 100 gallons per person per day. In addition, we have assumed that each unit will irrigate up to 1000 ft2 of lawn and garden from the water system. Based ori the above assumptions the peak diversion month would occur irr July anti the average monthly demand would be 0.980 AF /month or 7.2 gpm. The entire 20 urlils will require a Larger instantaneous peak dernand than can be provided for by the well alone. On site storage of 60,000 gallons of domestic storage and 40,000 gallons of pond storage will be adequate to supply peak domestic and fire storage demands. It is our opinion that with proper storage the well will be capable of serving the development's domestic needs and some limited outside irrigation needs (1000 ft'). We recommend that the lets utilize the existing irrigation ditch to the greatest extent possible for outside litigation. We also recommend that a second well be constructed to provide mechanical reliability to the system. The second well should be constructed at approximately 75% of build out of the subdivision. We believe that the water system can be constructed in phases with two small pressure storage tanks. The well and water system can be constructed to serve up to 6 lots without the construction of on site storage; however fire fighting water would have to be obtained from the existing ori site pond. Lots 1, 18 and 19 are currently being served by an existing well system that has served the parcels for many years without reported problems to our knowledge. Lot 1 has an existing residence that has been using an exempt domestic well (permit # 175363) to serve the residence. The well was constructed in March, 1994 with an estimated production rate of 12 gpm. Well #2 has historically served two existing residences located on Lots 18 and 19. Because of the distance from the central system, Mr. Clasen proposes to serve Lots 19 and 20 from the existing Well #2 and serve Lot 18 from the central system. Well #2 was constructed under well permit #176514 and was decreed in water court case W-1203 with a priority date of April 21, 1967. An easement has been provided so that if necessary at the owner's expense, a service connection could be made to the central water system. The proposed augmentation plan provides for all lots in the subdivision to be serviced out of either the central water system or the individual wells. The individual well permits would be relinquished at the time the permits augmented by the West Divide contract are issued. Page 6 ZAN CAN ELLA & ASSOCIATES CEDAR HILLS RANCH DATE: 07/26/95 Diversion TABLE 2 (values in acre teen Domestic Commercial Lawn Open Space Pond In -hcusa or Other Irnzat on r1) (2) ,ti! January 0.70 0.000 0 C0 Febuary 0.530 0.000 0.000 March 0 570 0.000 2 G00 April 0 54 0.000 3 050 May 0 570 0.000 0 25 June 0 540 0.000 0 220 July 0 570 0 O 2.'10 August C 57 0-020 _ 22.7 September 0.==3 0.000 3-1773 October 0.573 0.000 3 053 Ncvember 0.€40 0.0_0 0 December 0.573 0.000 0023 Annual 7.550 0.000 t .380 'i } 0 cf EaRs cerscns?resiaence salicns'person: c.si 121 ct _CR's 131 8:..: o1 Lawn Irr; ..cn '07;0 Tom! Lawn Applica::n e'.. fel Acres of Irricated Ca?r Szace Open Space Aot ".iw_on i3± as: f51 Pons' evaporation fc- fsa fi Irritation Evaporation TOTAL 141 F3 IS) 0.020 0.003 0.670 0.000 0.000 0.600 0.600 0.00`00 0.670 0.000 0 030 0.700 0.2110 0 004 0.930 0 000 0 003 0.5x0 0.0'_'7 6.:•04 O.Sao 0-c o o.c04 0.870 0 000 C Gro 0.810 0 50.3 0.203 0.720 0 003 0 004 0.640 0060 00.04 0670 0.000 0.000 9.230 20 00 2.50 ic3.04 C:7 12:_.20 0- 20 ter; Domestic Commercial In - house or Ciller Consumptive Use Lawn Open Space Pond Irrigation Irrigation Evaporation TOTAL M 13) r=1 (10) 011 (12) 0.101 0.000 0.000 0.000 0.000 0.1 0.050 0 000 0.000 0.000 0.000 0.0 0,101 3 000 0. Cul 0.000 0.060 0,101 0,005 0 000 0.040 0.000 0.000 0.136 0.101 0 000 0.1 eo 0.000 0.003 0.261 0 055 3.230 0.223 0.000 0 X2 0.326 0.101 3.00+0 0.223 0.030 0.203 0-321 0 101 0 200 0.143 0.030 0.023 0.241 0.055 2 200 0.120 0.000 0.220 0.216 0.'01 7 000 0-050 0 COO 2.000 0.151 0 055 0.700 O.cro o.coo 0 003 0.095 0 101 0 0000 0 000 0.000 0 023 0.101 1.178 0.000 0.980 0.000 0.000 2.158 GU tar Domes:: 16} % CU for Commetcal 19; 5 L3vm irnrat:anEfficiency Annual 1rr..aatson CU me 4`.3 Elevation 1111 110, Open 8cace Irrit<•or, Efficiency Annual 1rri son CJ le ac) Elevation (ft) 15.0. 0.00 70.00 2.13 5530.00 70,00 2.13 33.00 (11) % CU for =end Eraooraton 120.00 • Phase 1 of the water system would be to construct the bump house and a pressurized water system to serve lots 3,4,14,1 5,16, and 18. Lot 1 will be served by an individual well; Lots 19 and 20 will share an existing welt. The first phase will provide a fire protection water supply for Lots 1,2 (open space), 3, 4, 14, 15, 16,18, 19, and 20. The first phase will provide a fire hydrant connected to an existing pond on Lot 16 coupled with the proposed pressurized well pump system. We believe that this water system will be adequate to serve Phase 1 of the Cedar Hills subdivision. Phase 2 of the Cedar Hills Subdivision will provide for the remaining lots through a 6 inch water line and a 60,000 gallon domestic water storage tank. Fire protection needs will be met through the use of the fire hydrant connected to the pond on Lot 16 and an additional fire plug connected to the 60,000 gallon domestic water tank. Phase 2 will provide a fire protection water supply for lots 5, 6, 7, 8, 9, 10, 1 1 , 12, 13 (open space), and 17, as required by the Burning Mountain Fire Protection District. We feel that there is an adequate water supply that can be developed to serve the proposed 18 units and two open space Tots. Finally, water samples of the pumping discharge were taken from Cedar Hills Ranch Well 113. Table 3 lists the water quality test results from Well 113 for the Colorado Department of Health maximum contaminant levels for inorganic chemicals (IOC's). The Water Quality Conrtiol Division of the Colorado Department of Health regulates the maximum contaminant levels for inorganic chemicals (IOC's). As you can see, the Cedar Hills well passes all of these parameters. Table 1 Colorado Department of Health Maximum Contaminant Levels for Inorganic Chemicals (IOC's) Contaminant MCL in mg/L Cedar Hills Well#3 mg/L Arsenic 0.05 0.003 Fluoride 4.0 2.71 Asbestos 7 million fibers\litp,r <2 million fibers\liter Barium 2 0.04 Cadmium 0.005 0.0000 Chromium 0.1 0.003 Mercury 0.002 0.0000 Niti.iie 10 (as Nitroge,r) 0.02 Nitrate 1 (as Nitrogerr) <0.01 Total Nitrate + Nitrite 10 las Nitrogen) 0.02 Selenium 0.05 <0.002 Page 8 Table 1(can't) Colorado Department of Health Maximum Contaminant Levels for Inorgaeic Chemicals (IOC's) Antimony 0.006 <0.001 Beryllium 0.004 <0.001 Cyanide (as free Cyanide) 0.2 <0.002 Nickel 0.1 <0.001 Thallium 0.002 <0.001 Water quality tests were also performed for Pesticides, Herbicides, and Radioactive Particles (see Appendix A), all of which were within the levels that are regulated by the Colorado Department of Health. Turbidity is regulated in surface waters. The turbidity of this well was in excess of the surface water standard. We expect that the turbidity in the well will decline with additional pumping; if not, cartridge filters may be required. In addition, several other water quality parameters were tested (see Appendix A); however, these parameters are only recommended standards for a community water system and are not regulated. We have continued to monitor the water level in Well No. 3 to determine its seasonal variability. The well was originally tested on June 16, 1995. At that time, the static water level in the well was 73.17 feet below the top of the well casing. During the period when the 21 hour pumping test was conducted between June 16 and June 17, 1995, the total drawdown in the well was 10.3 feet. The well was pumped at a rate of 23 gallons per minute, which is approximately three times the average annual daily demand of the subdivision (7.5 gpm). The well pump test drawdown cuive appeared to stabilize at this rate. This would) indicate that the well could be pumped long term at a rate of 23 gallons per minute. It is my opinion that this well is adequate to serve the proposed Cedar Hills subdivision. Figure 1 in Appendix 8 is a graphical representation of the water level in Well No. 3 since June 16, 1995. From this graph, you can see that the available water in the well has steadily increased since the pumping test. It is our opinion that conducting a supplemental pump test at a water level higher than the one that was observed in the initial test would only serve to sliow that the well has greater capacity than was originally demonstrated. We propose to continue to monitor the water level; if dm water drops to a depth greater than 75 feet below ground level, then we would propose to perform additional testing. As long as the additional testing demonstrates a well capable of yielding 8 gpm or more, then it is our opinion that this well is adequate to serve the needs of the 18 residential units and the two (2 and 13) open space lots. Contrary to the fact that one well is capable of serving the subdivision, we recommend that a second) well be constructed to provide mechanical reliability to the water system. Page 9 If you have any questions, please feel free to contact o" office at 945-5700. Very truly yotrl". Zancanella and Associates, inc. I\ t�Lttt Thomas A. Zancnnelln, P. E. cc: Dave Robbins / Roger Neal TAZ1t11195213.2watrpt Page 10 • • Appendix A Page 11 Receiver! from: lArAll JOHN C.'KEPHHART & cq. GrIMffi JIitCTftJt LA0RTIEs 435 NORTH AVENUE • PHONE 242-761e • GRAND JUNCTION, COLORADO 61501 ANALYT1CAL REPORT 2.ancane l l a & At.q;:ocir, T. 1.a11cm Glenwood Spr i t11r:; . CO (970)945-570u Customer. No Laboratory No -7-I } Dat. Received/20/95 Lab number Stemple I D 3702 Clasen Well 3, Garfield Cty June 17. 1995 Arsenic(As) Barium(Ba) Cadmium(Cd) Chromium(Cr) Fluoride(F) Lead(Pb). Mercury (}lg ) Nitrate (N) Selenium(Se) Silver(Aa) Color(Co/Pt unit) Conduct4vity@25 deg. C Sodiumi(Na ) Calcium(Ca) Megrles i um (Mg ) Potassium(K) Chloride(C1) Sulfate (5174) Phenol;.; Alkalinity(CaCC3) Tota& ,.Alkalinity (CaCO3) Bi carbanrlte (HCO3 ) Carbonate(CO3) Daepolved Solids Hardness .. (CaCO3 ) Tunic- i d: i t y (NTU ) Boron'(B) :. Coppea^•(Cu ) Iron (Fe) Mtxnganese (Mn ) Molybdenum(Mo) Ammonia(N) Phoaphate(P) Zinc(Zn) 0.00.4 11 ll O .0000 , 0.011'1 2.11 0.003 0.00000 4.",`r+ n . C1 n t"1 O . 1.1111111 11 7. 1400 umbos/cm 340 1 inq/.1- 7 mg/•A Itiq/( `:... H1(1/ 1 12 Inq/1 ?l'1. mg/1 504 rnq /.3 610 m11q /1 Il rnq/1 3030 mgl/.1 mo/J 1 'I 0.000 Intl/ l 0.11117 nic1/.1 11 . 1111 1nq/.A CI . o l ti riiq,4 ] -- 0.015 i0.1 115 II'H F,/ 1 1111'1/.1 11.919 II'I4'i/ 1 0.00i irlrl 1 mg/1 ;11111: t 1 rt /1 ing / 1 mgr/.1 mg/1 mci/:•1 Tnq/.1 mit.61 mg/.1 Sample water Date Reportrxl 1..11111ts tor llrlilJ. Mnq ;' It1"I+"1r.l;ted by Colo. nirFt. iacsaltll. page 1 of 2. 0.05 rrtn .J 1 1.0 MO/1 0.01 mq/ 1 O .05 inti / ) 4 .mel/ 1 O .05 ma/1 11. 0(12 .mg/ 1 10 .'CI mi/1 i1 01 rnq/ 1 i 1 135 ' nut / 1 no otr•it''io1 limit no official limit no official 1 imi t 20 rq/1 rlr) orrlisla 1 1 .11111 t. 125 mf)/1 00 Ot1'.11.'1tr 1 1 Hill 1 2!--)0 IIID / 1 250 mg/1 no' official 11rIIlt no'official limit. no official 1ialJI. no nffirlal limit 500 lllq / 1 IIiCj/.1 1 no offinial 1 iulit. 1 .n mcg/1 0. 3 moll' 0.05 nlq / 1 no (m r I. 1 •`• 1.1 1 1 1 111.1 1 110 (11.1c1v 1 1 11ni 1 tiu e,�L t 1.: !n 1 1111111 1,.11 1111]/ 1 Lab Dir.: Brim S. Bauer • . 6.4 Recctivoti from: JOHN(/00') C KEPHART & CO. GRAND JUNCT1ON'ThBOATORIS 13 NORTH AVENUE• PHONIL 242-7418 ANALYTICAL REPORT. Zencanella end Assoclates T. 14-31W0 PO Box 1908/1005 Cooper Ave Glenwood Springs, Co 81602 3702 water Sample co GRAND JUNCTION, COLORADO 015O1 Customer No. Laboratory No. 'Date Reeved e 6/20/95 8/ Date Reported Herbi ca dek.% 2,4-'5TP • Pesti cA,es Endrnn. :; ' Lindane •• • • Methoxychior Toxaphene :NOTE: Limits Water Re.crulatloriti, 1991 ...31.9 2 Cl a...4c-,11 We 1-1;• Gar t 3 t• d County, •1Un. i. 1995 <11.0001 < 0. mg /J h•1'3 /7.1 ii(i Li 1 rng/ 1 <0 00(11)2 .:0,11001 moii \CLOW mg/1 fit.:;s011411-iri *Wa.t e rt i"ito ts set by Co1o. . Hea 1 1-1 0.1 wg/1 0.01 mg/1 • , rile/ mc.1.,1.•: 0.04 mg/ 1 ' 0.005 igii '•I 4.1. • 4.1 • given are from Orinkino "lefleg Chorr" (1ic1't7. woet 1e1,7_;:t.ttn). Director: B. Bauer Nmano page 2 of 2 " COLORADO DEPARTMENT OF HEALTH INORGANIC CHEMISTRY LABORATORY .4210 E 11TH AVE. DENVER, CC 20220 (302)691-4726 11777. SAMPLE NUMBER: 252041 DATE: REPORTED BY: PWSID V: SAMPLE DESCRIPTION: GRAND JUNCTION LAE\ NANCY BAUER OB/00/95 JRS ADDRESS : 435 NORTH AVE COUNTY: GRAND JUNCTION, CO 21501 PHCE: 3032427618 COLLEDTED EY: WHERE: ZANC 2742 DATE SAMPLED: / / DATE RECEIVED: 07/0C/25 ECT_,7E S: 250M TYPE: 7 COMMFNTS: ANALYSIS RESULTS 1:MITS A'PA ••=. SOLIDS, TOT, 65 14 1300 MCL = MAXIMUM CONTAMINANT LEVEL MSL = MAXIMUM SUGGESTED LEVEL NLE = NO LIMITS ESTABLISHED EAL = EPA ACTION LEVEL POi/L PC1/L mg/L W.C._=5Cit pCi/L pCt/L 1111111111 Hazen search. Inc. • 4601 1not a SL • Golden, Colo. 80403 HAZE to Teel: (303) 279.4501 • Telex 45-860 DATE September 28. 1995 OM FAX: (303) 278.1:.28 HRI PROJECT 002-960 HRI SERIES NO. 158/95 . DATE RECD. 09/05/95 CUST P.D.# None Recd Zancanella & Associates Terri Lance P.D. Box 1908 Glermood Springs, CO 81602 RE 3Rl OF ANALYSIS SAMPLE NO. 158/95.1 SAMPLE IDENTIFICATION.: Clasen Well 3 in Garfield County 08/31/95 @ 1700 by Samuelson Pump Co. C1iICiI01 A:LALYSIS P___ z _tin T LIH? i r =^.7 far'/TIPZ Gross Alpha( --,,ren sign*).pC1/1 (r) 29(:12) 3 EPA 900.0 09/20/95 la Gross Alpha(-5recislcrt*).pC1/1 (T)*x' 5(:122) 3 E?A 900.0 09/20/95 LD Gross Beta(44re_ision*).pCi/1 (T) 0(±14) 20 EPA 900.0 09/20/95 LD vraniLm.mg/1 (T) 0.0x5 0.002 YEN D2907 09/26/95 RP Uraniur.pCi/1 MT 24 1 AS 11 02907 09/26/95 RP By: Robert Rostad Laboratory Manager CODES: (T)=Total (D)=Dissolved (S)=Suspended (R)=Recoverable (PD)=Potentially Dissolved <=Less Than *Variability of the radioactive disintegration process (counting error) at the 951 confidence level, 1.96 x sigma. Certification Authority Lab ID's: US EPA Region VIII - CG; CT - PH -0152: KY - 90076: NH - 232895-A: NY ELAP . 11417. **Uranium results reported assuming the activity of natural uranium is 6.77 x 10' Ci/g. ***Excluding Radon and Uranium. Receive"! from: JOHN C.PHLAflATOR1[Seu GRANO 435 NORTH AVENUE • PHONE !42-76IS • GRAND JUNCTION, COLORADO S15DI .ANALYTICAL REPORT Zancanella and Associates T. Lance PO Box 1908/1005 Cooper Ave. Glenwood Springs, CO 81602 0033 water Customer No. __ ___ Laboratory 'o. Sampic 10/1E/75 101/24/95 Date Receoec Dare Reported Sample 007;3 Method Date Clasen I)e11 3 Tested Garfield County Oct. 17. 1995 Nitrate(N) 0.20 me/i 177867-90E 10/73/95 Nitrite (N) <0.01 mg/2 D3867 -90B 10/188/95 Ni trate+Nitrite(N) 0.20 mg/1 D3867-945 101/23/55 Antimony(Sb) <0.001 marl EPA 200.9 101/23/95 Selenium (Se) <0.002 mg/1 D3859 -93A 10/23/95 Beryllium(Be) <0.001 moll EPA 200.9 10/23/95 Free Cyanide(CN) <0.002 mg/1 EM45C10E 10/23/95 Nickel (Ni) <0.001 mg/I Thallium(71) <0.001 mg/1 ASBESTOS: <2 MFL* EPA 200.9 10/23/95 EPA 200.9 10/23/95 NIOSH 7400* 10/23/95 NOTES: "<" Means "less than" (none was detected, lower limit of detection is given) . References are: SM = "Standard Methods for the Examination of Water and Wastewater," 19th Ed., 1995. EPA _ "Methods for the Chemical Analysis of Water and Wastes," 1983. "b" Methods from ASTM "Annual Book of ASTM Standards." *Asbestos by phase contrast microscopy, modified NIOSH 7400 method; MFL = million fibers >10 microns per liter. Director: B. Bauer .#01#/# +## rm.++. # 1+4 • •+- #4 ++, • 4,, I. 1.+ t. 1 11 4111 11 91" I 1 1 1 1 "11 SIBAF1 IMPAA c# lieNtDuell sli!H JETPO • • Well 3 Pump Test Peer Review Groundwater Specialists FROM : GRCJ 1DtJt TER SPEC.'S -TS PWI'U ULI. : 3u3 49-1 0 P01 GROUNDWATER SPECIALISTS November 15, 1905 Mr. Eric McCafferty Garfield County Planning c/o Tom Zancanella Zancanella and Associates P.O. Box 1908 Glenwood Springs, Cu R1602 473(1 Table Mesa Dr., Suite 1-34 Boulder, Colorado 80303 Mimic & PAX (303) -194-11122 )le. Peer review of pumping test data tor Cedar Hills Ranch Well No. 3 lcae:aiteed in the SI.: NF: Nee. 1, T. (a S., It. 92 W., 6th P.M., Garfield County, Colorado. Dear Mr. McCafferty; At the request of Tom Zancanella, Groundwater Specialists reviewed the pumping test data for Ceclor hills Ranch Well No. 3. Theuu data ore from u letter report (July 2f;, 19'95) to Mr. Norm Clasen from /sncraneella urld Avsucirilee5. The leiter report shows that the theoretical total evailnhle drawdown for this well is approximately 81 feet. The pumping test was conducted for 21 hours at a rate of 23 gallons per minute (gpaa). A stable drawdowns of about 10 feet occurred approxiwately 16 minutes into the lest and remained at or about that level until the end of the test. Assuming that the well would operate about 1ti hours per 24 lunar clay (67 percent), at a pumping rote of 23 glom this well would provide approximately 22,000 gallons per day (gpd). Assuming a per capita ti..eer use of 150 gpd, 3.5 persons per household, the demand for the 20 lots would be approximately 11,000 gpd. Assuurinai; hydrologic conditions determined during the well test remain the same, Cedar Mils ltaanach Well No. 3 is capable of providing the quantity ul" water sufficient to support the proposed 20 si4IKle-fatidly homers. A drawdown of 10 feet in the pumping test well is 11 percent of the theoretical available drawdown (87 feet), and if figure 9.11 (in Groundwater and Wells, 2nd edition) is used to compare well yield with drawdown, a 11 percent drawdown produces a yield of about 20 percent of the theoretical tauximurn yield. Therefore, when Cedar Iltils Ranch No. 3 was puruping at 23 gine it was only pumping 20 deice t 1 of the maximum yinlcl. 1f this well were pumped such that the stabilized drawdown* was 30 Leet (34 percent of maximum drawdown), the yield would be about 55 percent of the maximum yield or approximately 63 gptn. FIROI• I : GRGUNDIJr 7 LR SPEC • Si S 1-i 1111 JL 111 i. -1 y.s l F'02 2 It is my professional opinion, based on ray review of the pumping test data provided by 'Zalrc:atiella lb esti Associates, that i:etbir 11i11s Ranch No. 3 can produce sufficient water to supply the proposed 20 lot development. The alluvial static water level should be monitored through the winter, spring., and summer months in order to determine the lowest static; water level. This information should he used as a check colt the: above theoretical discussion concerning the percent of maximum yield. The well water quality data indicates the alluvial water caste be used in the proposed development. The analyses suggest u scrcliuni hicairbona 1cs tY1pe water. The reported sodium concentration of 340 nig./1 is higli acid probably should not be consualed by those with medical problems. However, e.1i:Ir inane could be equipped with welder etre counter reverse osmosis amts wWeb will remove roost. of the sodiutn and render the water elrinkiiidee. Total dissolved solids ('l`i1S) are high (about 1,0tlu cul;/1). however. the reverse osrnosis uwit well considerably lower the T1iS. 1 also sut.peect that its the welt is used and the turbidity of the water decreases the "rets will also decrease. If you have any questions, please cern. Very truly yours, GROUNDWATER SPECIALISTS William 11. Bettis, c.t'c; .1:0i2 llyd rogeologi:A • Fire Protection Review • • November 15, 1995 Mi. Eric. McCafferey Garfield County Planning and Zoning Commission 109 Eighth Street Glenwood Slaiinps, CO 81601 RE: Cedar Hills Ranch (214 Road Garfield County) Dear Elie: We have met witle representatives of the Collar Hills Subdivision and have reviewed their proposal to phase the Iire protection water supply for the Coder Hills Subdivision. The first phase will provide a fire protection water supply for Tots 1,12 open space), 3, 4, 14, 15, 16,18, 19, and 20. The first phase will provide a dry hydrant as shown on sheet 7 of the preliminary plans. I have also attached a typical detail of the hydrant that will meet the !reeds of the Burning fvlourrtairrs Fire inotoctior7 district. Bunting Mountains Fire protection distoict water supply needs for phase two of the Cedar Hills Subdivision will Lm met through the use of the existing dry hydrant and two additional fire plugs connected to the 60,000 gallon domestic water tank as shown on sheat 7 of the Cedar Hills preliminary plans. Phase two will provide a fire protection water supply for lots 5, 6, 7, 8, 9, 10, 11, 12,113 open space), and 17. Thank You, Donald L. Zordel, Fire Chief Burning Mountains FPD ik KA1OIZ7tra 11 h xw ',IIG1i i"11lillllY'11 III '7:4\ 111,11111101111 �- 11Mp11/40 111 MAW* ie N1 onef10001I -1r111T 1IAWt1 . k. ` I[Aiir 9 -WAC( rrc Irncax Palls CAie11 Il Horn a111Ct — Ai& v 1M 13 USW, 15/14 - DO 1101 tlRSSM'I MA. W1AX 1/3 (% tMt1 CRAWL PFaa Of 1-1r 11111c Ow/AU '11 31'-1• P1A, ■1 0101• KW, 11f01Mti IWw L s• 111.0 Mt HAMANf IMO TYPICAL DRY HYDRANT FUR FIRE PROTECTION NOT 10 SCALE PC,/ eq On1t ltv111111 Vogl) f1 APP o r1 DRY HYDRANT DETAIL 11O1 111 RDA OO1' a1 MAN1 el. ICWI 1n 1 IN MI5 11 Haul Nn. NNWIPPA111 CEDAR HILLS RANCH SUBDIVISION 2_2hT 1. riu AN PO11 1R1KE 1101 1104 - 1005 O____ A1tHK an.ren fA.aS 011411411 .w1 11115 w-iltyl • Legal Water Supply Engineering Report in Support of the West Divide Augmentation plan Proposed West Divide Contract Legal Opinion Letters Dave Robbins Well No. Well No. 2 Well No. 3 Well No. 4 1 • Engineering Report in Support of the West Divide Augmentation Plan P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 Z414C4NELL4 4140 4550014 TES ENGU EEI}7fNG CONSULT4NTS July 26, 1 99..5 Cedar Hills Ranch Norm Clasen P.D. Box 1155 Basalt CO 81621 RE: Cedar Hills Ranch Augmentation Plan Dear Norm: (970) 945-5700 (970) 945-1252 Fa} At your request, Zancanella and Associates, inc. has prepared the following Engineering Report in support of an augmentation plan for the Cedar Hills Ranch in Peach Valley based on the information you supplied. It is our understanding that the proposed development will be composed of the following: A. Twenty Single Family Dwellings 1. Single Family Dwelling with 3.5 residents 2. Using approximately 100 gallons per day per person 3. 1 .000 ft2 of lawn and garden It is anticipated that all of the residences will ho served hy a contra) well wntor system, with the exception of three Tots on which the existing houses have been historically served by individual wells. We recommend that even though these residences are served hy individual wells, they have the option at their expense to connect to the central water system. On that basis we have assumed that they will be part of the central supply. Figure No. 1 shows the location of Cedar Hills Wells #1-4. The central writer system will consist of e main well and a backup well for mechanical reliability. It is not anticipated that the second wall will be constructed until Phase ii of the development is constructed. The legal descriptions for the water wells are contained in Appendix A. The proposed project will likely be served by an engineered septic system and leach field system. WATER REQUIREMENTS Table #1 presents the water requirements for the 20 EORs. We have assumed that each EOR will have 3.5 people. Each person will use 100 pillions per capita per day of in hotuse water. In addition. it is estimated that each of the EORs will have at least 1,000 sq. ft. of lawn and landscape irrigation. it is anticipated that the irrigated then will utilize a sprinkler system with an approximate irrigation efficiency of 70%. Pogo 1 Zancanella & Associates, Inc. Engineering Consultants P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 61602 f 'w1/.& R • • 3 0 WeII 1 --� AND • • 6 jWell 2 t. Well 3 Well 4 11 11 !/ AN° Rio GRAr FIGURE 1 Cedar Hills Ranch Location Map Scale 1"=100O' ZANCAN ELLA & ASSOCIATES CEDAR HILLS RANCH DATE: 07/26/95 Diversion TABLE 1 (values in acre feet) Domestic Commercial Lawn Open Space Pond In-house or Other Irrigation Irrigation Evaporation TOTAL January Febuary March April May .lune July August September _October .`?Jwember December 0 Annual (1) 0.670 0.600 0.670 0.640 0.570 0,640 0.670 0.670 0.540 0.670 0.640 0.670 7.850 (2) 0.000 0.000 0.400 0.000 0.004 0.000 0.000 0.004 0.000 0.000 0.000 0.400 (3) 0.000 0.000 0.000 0.060 0.250 0.320 0.310 0200 0.170 0.050 0.000 0.000 0.000 1.380 (1) # c! EQR's # Persons/residence # gallons/person/day 12) # of EOR's 13) 8: Ft o! Lawn IrriraSort1..znit i ca' Lawn Application lack (4) Acres of Irripated Open Ste Open Space Application (e a (5) Pond evaporation for (sq (4) 0.000 0.000 0.000 0.070 0.000 0.000 0.000 0.444 0.000 0.440 0.000 0.000 0.000 (5) 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.0 0.000 0.000 0.000 Domestic Commercial In-house or Other Consumptive Use Lawn Open Space Pond Irrigation Irrigation Evaporation TOTAL (5) (7) (a) (9) (10) (11) (12) 0.670 0.101 0.000 0.000 0.000 0.000 0.101 0 600 0.090 0.000 0.000 0.000 0.000 0.090 0.670 0.101 0.000 0.000 0.000 0.000 0.101 0.700 0.035 0 000 0.040 0.000 0.000 0.1355 0.930 0.101 0.000 0.180 0.000 0.000 0.281 0.960 0.096 0.000 0.230 0.000 0.000 0.326 0.980 0.101 0.000 0.220 0.000 0.000 0.321 0.870 0.101 0.000 0.140 0 000 0.000 0.241 0.810 0.096 0.703 0.120 0 000 0.000 0216 0.730 0.101 0.000 0.050 0.000 0.000 0.151 0.640 0.095 0.000 0.000 0.:00 0.000 0.096 0.670 0.101 0.000 0.000 0.000 0.000 0.101 0.000 923D 1.178 0.000 0.980 0.000 0.000 2.1.58 20.00 3.50 100.00 0.00 1.0_.00 0 46 0.00 3.04 0.00 (7) % CU for Domestc (6) % CU for Commercial (9) r Lawn Irrimtian Efr: an=y Annual lrriaaiion CU ra!:ac) Elevation (ft) (10) % Open Space Irri7in Efficiency Annual Imoalion CU iac) evation (f4 • 15.00 0.00 III 70.00 2.13 5.30.00 70.00 2.13 =550.00 (11) % CU for Pond Evapoafon 100.00 1 Current plans for the waste water treatment for the development project call for septic tank and leach field system. Consumptive use from a typical system is estimated to be 15% of the in house requirement. Table #1 presents the water requirements for 20 FORS along with the depletions for both in house and outside irrigation uses. Consumptive use is the amount of water that is removed by a water right from the stream system. Water must be used for a beneficial purpose such as irrigating pasture, or lawns and garden. In the future, the Cedar Hills Ranch will consumptively use water for domestic and irrigation purposes. The consumptive use caused hy irrigation in the Silt area can he calculated by using regional climatic data and the Blaney/Criddlo method for calculating consumptive use. The potential monthly consumptive use for lawn irrigation in the Silt area is listed below. AVERAGE UNIT CONSUMPTIVE USES" AFAAC April 0.09 May 0.41 June 0.49 July 0.47 Aug. 0.31 Sopt. 0.26 Oct. 0.10 2.13 • Blaney/Middle Mailwndl Engle AIrporl. Wontlow Duron WATER SUPPLY The water supply system demands for the project have been estimated to be 9.23 AF per year. The system will divert 7.85 AF for domestic purposes, and approximately 1.38 AF for irrigation purposes. The water supply for the project will ho diverted from Well #3 and a backup Well 1/ 4 shown in Figura /11. The locations of Ilia walls nro cnntainari in Appendix A. Page 4 • • AUGMENTATION PLAN To provide the legal right for the wells to divert as necessary to provide the water for the Cedar Hills Ranch, we recommend that the wells he pumped under their junior decrees when they are in priority. No release will be necessary during these periods when a valid call Is placed on the Cedar Hills Wells. Augmentation releases will be made through a Ruedi Reservoir contract with West Divide Water Conservancy District. These releases will be made in accordance with the attached release schedule shown in Table #2. Table #2 should represent the maximum unit amount of water that would have to bo released in a given month to compensate the Colorado River for consumption at the subdivision. We have also assumed 10% for transit loss. We believe that if the above recommendations are implemented there will be adequate water to supply Cedar Hills Ranch and prevent injury to down stream water rights. The Cedar Hills Ranch Subdivision is located within neon A as designated by the West Divide Water Conservancy District and the Colorado Division of Water Resources. Water systems that fall within the designated area A are eligible to utilize the preapproved temporary exchange plan until a permanent augmentation plan can be decreed by the Division 5 Water Court. The requirements of the exchange plan are: the applicant must augment diversions under the exchange plan until the writer court application is approved. On that basis, we hove prepared a draft West Divide contract application for 9.23 AF or writer for your. review end approval. If you have any questions. please call. Sincerely, Zancanella & Associates. Inc —1-Ct&tt. aria A- ZO..44.1" Oa .1 IASL Thomas A. Zancanella, P.E. cc: Dave Robbins Roger Neal Enclosures Pen TAZITLLI952131Auuppin.wpl TABLE 2 (Values in Acre Feet) ZANCANELLA & ASSOCIATES, INC. CEDAR HILLS RANCH D ATE: 07/26/95 TOTAL RELEASE CU SC! !EDI UJ -I- art% January 0,10 0.01 0.11 Fobuary 0.09 0.01 0.10 March 0.10 0.01 0.11 April 0.14 0.01 0.15 May 0.29 0.03 0.32 Juno 0.32 0.03 0.35 July 0.32 0.03 0.35 August 0.24 0.02 0.26 Soplombor 0.22 0.02 0.24 Octobor 0.15 0.02 0.17 Novombor 0.10 0.01 0.11 Docombor 0.10 0.01 0.11 Annual 2.18 0.22 2.37 • • APPENDIX A The Cedar Hills Ranch Well # 1 is located at a point whence the SE '4 of the NE Y4 of Section 1, Township 6 South, Range 92 West of the 6th P.M. bears a distance of North 22° 58' East for a distance of 2635.34 feet. The Well can he approximately plotted 2310 feet from the North Section Line and 1 264 feet from the East Section Line. . The Cedar Hills Ranch Well # 2 is located at point wlionco tho SE 1/4 of the NE is of Section 1, Township 6 South, Range 92 West of the 6th P.M. hears a distance of North Q9° 02' 25" East for a distance of 2190.14 feet. The Well can be approximately plotted 2161 feet from the North Section Line and 363 feet from the East Section Line. The Cedar Hills Ranch Well # 3 is located at a point whence the SE /• of the NE '/4 of Section 1, Township 6 South, Range 92 West of the 6th P.M. bears a distance of North 22° 18' 23" East for a distance of 2475.21 feet. The Well can be approximately plotted 2283 feet from the North Section Line and 951 feet from the East Section Lino. The Cedar Hills Ranch Well #4 is located at a point whence the SE '/ of the NE 14 of Section 1, Township 6 South, Range 92 West of the 6th P.M. bears a distance of North 21° 18"' 26" East for a distance of 2563.01 feet. The Well can be approximately plotted 2381 feet from the North Suction Line and 942 feet from the Enst Ser•.tion Line. • Proposed West Divide Contract WEST DIVIDE WATER CONSERVANCY DISTRICT P. O. BOX 1478 RIFLE, COLORADO 81650-1478 625-1887 Officers President 876-2821 Kelly Couey 4745 C.R. 315 Silt, CO 81652 Vice President Samuel B. Potter 0598 C.R. 323 Rifle, CO 81650 Treasurer LeVerne Starbuck 3106 C. R. 342 Silt, CO 81652 Secretary/Water Manager 625-1887 Russell George, Attorney Stover & George, P.C. P. O. Box 907 Rifle, CO 81650 August 14, 1995 Norm C sen P. 0 .ax 1155 Bas = t, C0 81621 Dear Mr. Clasen: Board of Directors Kelly Couey 4745 C. R. 315 Silt, CO 81652 Wiliam M. 2ilm 0090 Sunlight Dr. Glenwood Springs, CO 81601 LaVerne Starbuck 3106 C.R. 342 Silt, CO 81652 Gregory Durrett 926 Bloke Avenue Glenwood Springs, CO 81601 Samuel 8. Potter 0598 C.R. 323 Rifle, CO 81650 On August 9, 1995, the Board reviewed your application for a water allotment contract and approved it contingent upon your providing the fallowing: 1. Annexation into the district 2, Providing the District with the name and address of the central system owner 3. Preparation of an augmentation plan When the above requirements have been met your contract will be executed. Sincerely yours, LLA,1v, ... Russell George Attorney/Water Manager RG : j m /cc Zancanella & Associates • • contract_ 11n !1.111 1 11 11(x, Mil f: A I 1 Vitt 4.'f1. APPLICATION AND DATA 1''f)Ii1.1 'PC LEASE WATER FROM WEST I)TV11)E WATER CONSERVANCY DISTRICT A. AliP1,'CCA1,1'1' Name Norm Clasen AddressP.C. Box 1 1 55 Basal! On 81621 Telephone Number 97n j' 927-404i - Authorized _. Authorizers Agent or ltepr-escnl .at i vat H. WATER RIGHT OWNED NY APPLICANT T llttlttc. (.11` it itllat. t•( dd i Ili I I .. I;,otlf'1i 1 I :a 'I'y'1rc 01' oel. ore a)1' it i(j1at. hit• I 1 1.ocalt_ion (1r 1'o111t: of 1)1ver:i1(,ts Water Court Calve No. Well Permit No. -� - r.° .11 1 ,1.:111,11 C INTENDED USE OF LEASE() WA'1'l It Location of Area of Use L.2 _NI'.a o1: 'I ownslt i p to S(_,atL11 __ .) a.rg 97 West- SPc'r i nn__1_ and..W NWa. f_'1'owns11i i1 6 South 1neser.i jet_ i on or ID:le _—.Dories tic its_ 1,03.,?,-,,. cSaro'Vi ,'1 "d. Range 91 West Sec_ e Number of l)wel 1 1 ng Units ;111 Total Acreage _77_..1..._.... proposed 1'otaala11! 1,1tlt'a�r :ay'::I.1"111 '1'Iru WwaLer :;y:s1 t:rn wi 1 1 :,u1"ve up to _twenty .single family 11111 uni1s 1 I un1 d cc'11l:1 ,1 1 wtt l of :ayst:em. %J.o:t1'f•-.14.11 f•t` 't"1 .'.11 rui.•111 :.;•: .1 t•tol :i1•1.l ts' l�tcarit:li1y ,oi,Iu: (,I I..'.1..00 t'J.r1 or 1I.:r•c!.•s1 in Caul 1 oris : Jan. 0 67 Fen. 0.60 that. fl • (7 A11r .f)..70 Pt.tY (1 .'}3 June f1.95 LT1.11y_0_98 Ailry.0_H7 :'i'lat.+Il_.ft1 oac:l •0..73 Nov. fl 61A1 1)oc . _ta_6.7_ Annual 'Total Cai.11ons . Ac: rt 10cra!Li) ,21 Maximum 'i11.at:aattt:alnnnrts 1k•tn.(tt11 'l 11 (11,1rM n. OTHER REMARKS 3u1.y 26, 1065-- Daa t•.c: 111•11' i.1 16•111 .'. it �ttl .11 i vi? • eat t act I_ t1.t11 10 It. bate AcL iv tell -- WEST 1)1 V T DE WATER !' 111 ::'1'11 1 r'9. Name of Applicant: Water Al 1uI m.'ul Norm 11 2 tl:., ::I Quantity of water in acre feet 11 . 2 -1 Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of thy State lit Colorado, organized pursuant t:o and t-x1:ll In.! by virtue of 1973, 37-45-10l, et se.l.:_I (herolrlattt:4 tetanad to ad the "District") for an allotment contl•.1c:t. to 11t!llufil:lnliy» x41.1 perpetually ase water or water rights i ined , leaned, ur her eetl I t:c acquired by the District. liy execution .1T this application, and subsequent delivery and use of water, Api.1 t.:atlt hereby aq&.res Lo the following terms and conditions: 1. Water Tlltjhtsl Applicant :.h.111 own wetter rights di the point of Jiver oil herein lawfully entitling Applicant Lu divert water, which wi11 be supplemented by waLes 1ut414e.1 lrt:s,:lrr. 3f Applicant intendal to divert through a wai I , 11 tnss:,t. he understood by Applicant that no rl.lhl t.1 111ver t exists trot I l a v.rllei well petmlt iu obtained rctsrn 1.11.• : 1.,r,• 1:1111n,aut. 2. Quantity: Water applied tot by the Applicant In the amount set forth above shall be 'liverlyd 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 daring Iter i tit; when said direct flow water right is not in priority, ilia: t4s;:tr1.:t. shall relw.sue for the use of Applicant up to said rlttanl 11 to acre-tee1 pet year of storage water owned or cotlltel2.••1 1.1 the D1a.Lrit:t. It iJ understood that any quantity 111 tart.! e,1 t 111tu ,111 et;l.. 1 low, a 1L01 a.14! 01 otherwise, to the Applicant by lite Id its I..t wi I l be l imi ted 1'y Lite priority of the District's dticreeu and by Lire physical and legal availability of water from lDisLrict'w sources. Any quantity allotted wi11 only be provided so long su w.tler iu available .141.1 the Applicant fully compiles with all 111 the leimu and 4:4414.111 lona of this contract. The Distr14:t anti thy Applicant. recs4.In14t: 1I1,rt some t11 the District's .le•,4,nea 41141 be Ir. ihe IS 411 lir. T•u1.•1.4,1.1 River water t:44tss1.lvai1441 01L11.11!t, and Inc .1r»411ty 111 1114: Mats I. 1 114 41 1 •L direct ! 1 tow t 1.1141 1 t ,• the '1•1, 1 1.-.,141 may 111• tlt•1•s•t1.1.•is1 an the consent of the t:u l.Ii a41u Rivet et t1.1L.•s t'.tr1...... v.tt ions DDist r lc:t . it at any time the Applicant det.:t'ttrlllaa3 1t requites leas writer t.h,,r1 the amount herein provided, it may :.o neL I f y the District. In writing, and the amount of w.s1ut a11.s11.'.1 andel this c:11111.a.:L shall be reduced pcirtl.snently 111 .l e.1t.1.ta1.'.: with :inch notice. Hates ;hall be adjusted accordingly 114 1 .11 1..0 1 ls•l w.41 1.1 yt;.tt 11 11111 y . 3. I1r14s•1 i e 1 .4 1 tine and lowat lett •.I II•'rt•• t 14' I .t l il:rn'; Att•i and all wnLer al lett e11 Alrpl Ic.1tll by 111. Iti:;l r 1.71 :;14.121 111• used I.•r the following betlei 1 .:lar Inst; Ott' 41:.4'... TI11111. 11..11 , •1.1ar••:4L 1. 411).1 related I19ea, or irrigation hurl 4.."u". 1. I.sl I.'n1,y-1' 1.• the .•AI.:nl Lltat !Wadi wafer n1.ly Ilut he ay.i t I at.1e- I.,t 111. I9.11.1bt1 and commercial as those terms are defined 6414 (.age 5 OL Contract 1114. 2-07-70--W0547 between the Unite.! Start.::, and the West Divide I1.1IeL Conservancy District). Applicant's; bee. -ii, 4.11 use of any dud all water allotted i1s..sl1 be within or 11111111.111 1... Il iLie:i ttt upon l.ur.l owned, leased, operated, or nutlet Ai+pl 1.'.ont coolie!. 4. Decre4!n3_.lnd Delivery: t'.x1:11.tt,.1.e 4cleatsen Uses,!.: 1•yr the District out of storage tr44la 11 1.11 14.•_. 1 ,•e11 t , et other ,:.111411 or facilities 111' rho District, at 11e111t •sl1.. t ,.1111 .'1•nI esv.11 1.4111. 1.1 the IDlutrlct, shall 144 .Icl lvcrt:.I li, ilia l.l.1•l l4:asI. at the wirier works or said storage Cacll It led 4,4 ul 11444 decreed point .11 • • diversion for said other sources, creel release ur del ivet .' ut water at such outlets or points. shall constitute perfutuaanue of 1-1 District's total obligation. Dei lvea or water by the District from Ruedi Reservoir shall he :eui, le:e:t to the 1)iuLrict'u leuue contract with the United :;LiLva eur.-.o„ of Reclamation. Itt.ltiuuuu from other facilities available to 1ee:et a ict. ideal l ha ueri+)cct. to the contracl8, lawe, ruler, end rr9e,l.et1uatu eluvut,tln,, ruleauuu therefrom. Furthermore, the llluLr le a hereby exlate:aauly tutteervue the right to inure water and to m.el.0 exchange tule;Joes from structures that may be built ur controlled by the r)luLt ict In the future, so long as the water service t.. the F1111icailt p4suuI at1t lee this agreement., lu not impaired t.y e...el.I action. fteey quantity of the Applicarlt'uttllocatioal nuL delivered Lel Of used by Applicant. by the enol of each water yeeaa i... l.eletea 1 l , shall t ever 1. l u the water 8uplal1ea ut the ffietricl . :,.a, li ., ,ee-I uleltr uhal l Hot entitle Applicant to any rotund of payment. made: tot uu.:la water. Water eervicc provided by the 1'1utrlc_t uh.t11 he limited to the amount of water available in lu teal lly at the original point. of diversion of the District's appll,caiAte ,eater rlelli1, and neither the District, nor those entitled to utilize the Iel utr i et' e decrees, may call on Any cheater .IIle.JHnl .al new of alternate 110111114 of eliveruiun. The District ul1a11 re•.leeeat the Colorado :ittiLu Engineer to estimate any cunveyrince l..I.eeurl between t1te, earl•-llnral point and any alternate point, and, 'locate e:;+tlneule ',hell he deducted from this amount in each case. The Itlutt 1ct, ur unyune using the District's decrees, may call an slay additional sources of supply that may be available at an alternate point of diversion, (though not at the original point of diveteiulll only as ogaietul water rights which are junior to the date .rt ulaplicatloe fur the alternate point of diversion. 5. Alternate Point of lliveraion and Plan of Augmentation: Decrees for alternte points ot-s fvcrs>:an or ific District's water rights or otorage water may be required In order- for Applicant to flue the water uervi.:t conlumplated hereunder. Obtaining ouch decree is the exclusive ruupont:Utility u1 Applicant. The 171ntri,ct reserveu LI1e exeluolve right to review and approve any conditions which may 1,e attached to yn<1Id1411 approval of said alternate point or ill vu> o iun au Culaten111l aced or necessary to serve Applicant's f.le:i l i l l,:u or lands. 141,111 Icullt acknowledges and agrees that it :ele.I 1 l I>e Lu 1 e l y i.upen>I 1 h 1 c for the procedures end legal and eeginee_e 14e•1 cosiu nec:e:eeuaty lent env changes in water rights contemplated herein, and further agrees to indemnify the 11lotrict from any a:,>:at.ta et lnuuett related thereLe. Applicant la solely rcaltonu3111e fel provlelln.j works and teaeillticu necensnry to uhtetln/divert the waters at Haid alternate point. et diversions and deliver arum to App1 l.-atart ':a intens10 1 lomat 101441 ee:Iu, Xrrcopective or the amount of water ne:t.al,elly tre.inule:rae.l to the Applicant's point of diversion, the Applicant install mate annual payments to the District based lIj.e>n the amount of water allotted under tltiaa agreement. In the event the Ale11l1,:111It ieetcndu to apply tut' an alternate point of lliverulc>n 1414.1 Lea 1luvelup nes ntuJluenLat tale plate and inatittle legal procecs,lineln for the eeppruvei or unu11 augmentation pion to allow the hppl truant 10 utilize the water allotted to Applicant hereunder, the Applicant 811x11 .live the District written notice of ouch intent. in the eveelt tlsu Applicant develops and adjudicateu itu uwet augmentation plan to utilize the water allotted hereunder, Applicant nhal 1 not be obligated to pay any amount uncut 1rat.lelraph 111 below. 1n any event, the District uhall have the :101 to approve er dines}+Ilruve the Applicant's 4ttelmentatiot: plana and the Applicant 1411x11 1ele>Vlete the Diotrict copleu of such plan and e.1 ..11 I.1eadiug I .end other papero filed with the water cuntt le the ediuelfe:atlatl theauuL. G. _Contract Pfl'mtrnt:1 Non-retslanlable, one time adminLotrative charge-,7--n7-the dtlIQIlIlt el,t e. In I sed I>y the I1.,ar,l e,1'. Directors of the nietrict rrule, Lte..0 to time, , e1ea11 leu a elaleleelt.lnll with thin ep1t1 fe:ntiuel for ce,llnl>leea .It l,.Ie 1.;• 1 I>ee tel err l> l . Annual payment for the water :;e:rvice described herein shall be determined by the Board i1 I1i1 ie teas of the District al d per acre-foot rate. Tlie initial ann1I.11 111Iy1u.+leL shall be mode, In full, within thirty (30) days of le_I the dole of notice Lia the Applicant that the Initial payment Is due. Said notice wi 1 l advise the Applicant, among other thieve, .e1 lllu wails (1I1 ivesty year to which the initial payment s11.111 apply and the price which its applicable to that year. Annu.11 l•.e•,'1eeelnte tor each year thereafter 01.111 he due at11.1 payable by tee r+l,pl 1• alfl nn +er 144:1.114 each January 1. ll' an annual payment is Heel ..Leede by Lhe Clue .date:, written notice thereof will be Went by the District Lu the Applicant at such address as may dee designated by the Al '1 11:.iiia. i e writing. (If nu address has been lace .le:i1.1ee..I .-.I In wI i 1 1 nel, thee uald notice shall be :sent to A111e1 le:anL':i .eel.fe ....., :seL lul 111 Water Lice for any part of a w.ILar ye.ee :.Ie.i 1 1 I c.lel t re i1.lylnell4 tee the entire water year. Nothing hereto tita.l11 by c4,I1:j1rin-I tier au tel Prevent the n)ilstriet from .ail iei::l. iu1;t the: .ae111H,I1 tate lee Its :.411.: discretion for futures ycure only. 1f payment its not moth: within 1++o i 1111 Midyt. .1r1ei the: date of said written n.etiee., Apllli►:ills ::ll,el l .at etai1 ie:leti eole option have no itlr1lii r t'1.li1, L'i11p .1e 14114•14::11 nude' 114i:; CLIr:t.tct wlt'h.aell: 1e1rth,•r 8441.14:.= and .1.•itv,•,y ue.ay he i1,n4lC.Il.11oly colt -sited/ .11111 1h.! .e I I tl tideli t. “1 W.11,1 , ., . h.- r . 1 .. 44 ,t.4.' . 1.,.1 y 11). trealx:4i 1 rred, 1cus,tei, 41r ellietwl!ie edlzal••e:.•:.I ..I ..I I h.r 11141. l41 le,n eel the Huard of nirccLc,re e,f the Iii:;tt I17t . 7. :Security__ As security ler the 1)(aslt ice, the foregoing covenant of armed le.ymen1 sI in .1,Iv.tleee et tr..I e:e delivery, will be fully meL by irnrru.11 bae.l.j.et .and dt.ptupl tat le/ee let funds from such ttnureur of revenues as e11.4y fe.r let•t.al ly available to the Applicant- As o11e1ition.e 1 tsecnt 1 t y HI the fai th a ie:t.. the Applicant will hold harmless the hltattl.:1 .Mei e1111' t,e'a:.,en, corporation, quasi -governmental entity, .ei cslhet gevetemeetol entity, tor ditaconhinuance in service due ie the 1eai1114e eft III.: Applicant to maintain the 1,dyIllentu huie111 o ntelllpl.l Le.I 1114 e current basis. Applicant agrees to dei roy .eery nail -el-pocket t.1i.ponset:u incurred by the 111utr ids in canlletcl1144 a .lrh the .allotment us %r.e1,:1 ri.3l.ts hereunder, inci4I.11nej, hilt not limited tu, teinllelea:Iem.elt .11 leejal and entilntsurteg costs incurred le c:e,.11ee:Lion with .elly 4:,es.e:t ri9Ilts and a.1iiiiicaition necess.lry to allow /441J 1it:,111'ta u:;.: III :.41.•14 allotted water r iethts. E1. Aui)Iiinm1�ntt 'i'hle .la,r.:1III.eIII shell mute Le the: benefit of theTIiefrt3, necc:l3sert ur astirIelms 111 the ladrLlets heseiu, except: that 110 nlIl3 irinment tlllnl 1 he 141st Iul 1 1.+:.1 In the over11 the wetet r lght allotted heretlnelet ID to lei• 'tee•d fel the benefit el land which will he atull411v1ilt'e11 or 11I1e:1 wle4t: Velli or tewnt:41 111 eejlaratc owneraa'h 1p interests by two (2) eir 441.1111 111)411 a1 of the: W4t1 a:t right allotted hereunder. in nn event nleteY 1 1141' owner ul a1 portion, but less than all, of the 11141111.:ant'aa 11r1at1u1 ty 1.11 be nerved under thin contract, Hove nlly t lehtn 11414 uullclur. Alit' a ti 111 ij 1141101st of the Aplil 1e,nt's r ief lltal 1114.11'r thin e e Hl r tael uli.a l l he :ala lijeC1 to, and meat comply with. 41141:14 44: 1411114, 11101)111 ee the District may hereafter adopt re.lard !1)•l one 1.YnneliL of ctaiatreeel rights and the alssumptLan of contract 411,11.4..1 lenu by assnignuelu and successors. Nothing heroin shall !prevent eucceeuors to .1 heli t leen of Applicant's property from applying. to the i)iulr tc:t ter individual and separate alletmenL euntr.tela. 9. Other Rules: Appl Ic.ent shell be bound by the provisions of LJ•se Water-Conserv.1ney Act 411 1'1111ird+ltat by 1144 tutus and regulations of the Board of Directi4re of the laistrict; and ,ell amendments thereof and supplument:t Lhet 4114 and by ell cal bee applicable law. 10. 0faeratin, and Madntenirnt•rt A.1rei.1nlentx Alapl Il::en1 shall enter into an "Operation :1671 ii.idiil. ei:tn,:e hyrc:iaiecnt" with 111.: nintrict neater term'' and tront111fe411:s .103..•1eeeln4!41 by the 1111.11.1 eel 1)1rect:urn of the l)i,Itrlel , If end when, ih, 1+...4.11 .,4 :told 'll:eee 1.•1 -3- determines in its sole discretitln that sibdi an agreement In required. Said agreement may contain, hill shall not h' limited to, provisions for additional annual monetary consideration I.ar extension of District delivery services and tor additional administration, operation, and mains r•rr.laace costs; or tor Whet costs to the District which may arise t Iii .'.r.jl1 services Ii u an.I'le aval lahle to the Applicant.. 11. Change of Mise: The fliasl r i.•L t es.er•veu the exclusive right to review,rcaEiji cive Zr ti 1 ua1a1)ruvice any proposed change lir use of the water allotted hereunder. Any al:at outer than that :;et forth herein or any lease or sale of the water or water rights allotted hereunder without the prior wt i t ten approval 01 the District shall he deemed to be a material bleach ni this t:diet I a.:L. 12. Else and_Place of titre's AIilul I.:.tilt. u'ta t:et; to lass': the O water in the manner and lira re 1irnlir�rLy .It•:•. i 11.0d i a, the documents submitted to the District at the time this .r•]teemerst las executed (raid documents are incorporated herein l,y this references thereto), or in any operation and maintenance .agreement provided by Applicant. Any uue other than as sett Iurtlt thereon of any lease or sale of the water or water rights Therei11, other than as permitted in paragraph 11 above, shall l.,_ '1.:.:nt.:.1 to he .a m.at e:l 1.a 1 breach of this agreement. 13. Titles It La nn.letstra...l .rod .'gleed that nothing herein shall he Inter; keted to '.I 1 ve the Applicant any e.lu l tali •: or legal fee title interest in ut to .any w.at er tet w.atet tights referred to herein. 14. Conservation: Applicant shall use aomt'r.'lrly accepted conservation prat.ices with respect Lo the water and water rights herein, and hereby entet_x, to be hound by .any conservation plan adopted hereafter by the Iaistl lcL lot use of District owned or controlled water or writer rights. 15. Iletatrlet sorrel Applicant shall relit r lt:l l'i'en an follows (unless specific waivaru are appended Lu this a!Ii cement ). Violation of these reatrictionu alrall he deemed 10 he a IILatel la1 breach of this agreement. [lie Ann11,11 Maximum nivernlalt Household (1 nr' 1 n'Iesl lawn) 1.1Vi i.uuk (caLLlt:l irrigation 1/3 acre Intel 1 - 1 .t.•. •: 1 .•'•t. 1 4147 t! a....1 11111 beta's 1 .0:r •. 1 ctrl/11cre 16. We11 Permit: If Applicant lntent1t; to 111ve:I i through a well, t1ie17Appl icant must provide to Itiuit ice a copy or Applicant's valid well permit be fOrc District lu obligated to deliver any water hereunder. 17. Representations: Ily exa:l'nl Itt•j 11.18 aqa eeeuat:rat , Applicant agreesthat h u not relyill•I on any legal ur engineering advice that he may believe lie 1.1:1 1eet i ved1 !rum the District. Applicant further acknowleli.j.:s that lie has obtained ail necessary legal and engineering advice from his awn sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, et assurances whaLuuevet about the quantity or quality of water .'vat 1.IItie pursuant to tIt1t; agreement. ghould the District he uut.'h1e to provide the watet contracted for herein, no damages may he a:ase site's against the 1)1uLr 1ct, nor may Applicant obtain .a reelrru.l 1 I..ut the 17iaal t lei. 111. r''lnl r1 Of ed..l.•r l'u.rr 1 1'1 I Ir. I: ::Init11.I I L'• bins r i,°l , In 1Ln owls tdist;teLlt1114 'tlrtttttlir to lrat:ln•1.• Applicant's ..'lei I.a.•1 herein in a water court tiling for alternate point. nt diversion or plan of augmentation, then Appl(carrl lrr:t':Ily arjreeri to pray to the District, when asuutsaed, las additional lee t e15re scall l 11'1 the District's actual and reasonable c:at::t:; .nI.I 1.:.::: rut AI,I'i katal •:1 share of the proceeding. at...I410 19. Binding Agreement: Thio Agreement shu11 not be complete nor binding upon the District unless attached hereto 1e the form entitled "Application for Purchase of Waters from the West Divide Water Conservancy District" fully completed by Applicant and approved by the Illatrte:t'u engineer. Said attachments shall by th Le reference thur e1 a he Inc:orpul steed Into the Lerma of Chiu agreement. 2f1. Wnrningi TT IS T11E [:(11.1: 111:::1PONN1I1r1.1rY OF THE APPLICANT TO ()WORM ALID WEr.I. PERMIT t1u OTRER WATCH RIGHT IN ORDER TO DIVEST WATER, INCLUf1tUG T1IF: I4A'rl'It ACOI1I1tt;D 1INDi:R THIS CONTRACT. IT IS TUE CON'T'INUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OH WATT:.I1 RIGHT INCLUDING 1'i1.ING VOR EXTENSIONS OF PERMITS. FILING WE1.1. C1Ir1I'1.I:`I'ION REPORTS, 1 11.Irdt: STATEMENTS OF BENEFICIAL USE, OR (VV1ILI1W1: I: I.AWF'tt1.LY AI'I'LYJu(; THE WATER TO 11ENE1'ICIAL USE ON A REGULAR IIA:i IS writ tj1I'1' IJA:i'I'JS. Al'Ilr.f1'A11'1'1 IIy ..'[. <L. wi J APPIJCAIVI' ADff1 SSt P.d}. 10 1 1 `3 IiaSait, ('n 816`,,1 STATE OP COLORADO ) ea. COUNTY or (;ATIPTC .n ) The foregoing instrument was acknowledged before me on this 2.6 day of illi v , 1925, byTer r 1 jajIll(' ' Witness my hand and official seal My e:nmm l nn t on exlliren: M11.'11" •11 it, 1111111 lo :a11 y 1'111/1 IF r_. -f - ORDER AEter a hearing by the nonrll of Directors of 1.hn We -:It: Divide Water Conservancy 1-)iotr1 1. on the o1111vIr 011p11CAti011, 1L I:1 he_ rehy ORDERED that xs(1 l d nppl i cot: i on lit granted e.1 r11ud thin 1:0111 1 .1r•t. oho 11 1t11 01111 LH .ye.e;t±lll.e.l Ily L110 Ill I1l.r 11.1 . WENT 1 1 N I I u: Itq'I'I:11 curt; rRvht ev DISTRICT Ily ATTEST: P1 l.'a i.1��11t Sec 1 et'ar°y Dole This contract includes and 1.. rllrl. ll•e 1. to Ills terms 011+1 conditions of the following documents which must accompany thi.t contract: t. Map showing location of Irvin! estIliv4:rsion (11:al In.111 prnv Seidl ) . Application and Data 1'1+1 tat 1111 1 •; .•.u11I.1.11 r.I e.ut1 11 1 i 111011 1. r)l.hor -5- APPENDIX A The Cedar Hills Ranch Well it 1 is located at a point whence the SE % of the NE ' of Section 1, Township 6 South, Ramie 92 West of the 6th A.M. boars a distance of North 22° 58' East for a distance of 2635.34 feet. The Woll can t)o approximately plotted 2310 foot from the North Section Line and 1 264 foot from the East Section Lino. The Cedar Hills Ranch Well # 2 is located at a point whence the SE 1/4 of the NE Y. of Section 1, Township 6 South, Range 92 West of the 6th P.M. bears a distance of North 09° 02' 25" East for a distance of 2190.14 feet. The Well can be approximately plot ted 2161 feet from the North Section Line and 363 feet from the East Section Line. The Cedar Hills Ranch Well 11 3 is located at point whonco the SE %. of the NE 'Y4 of Suction 1, Township 6 South, Range 92 West of the 6th A.M. bears a distance of North 22° 18' 23" East for a distance of 2475.21 feet. The Well can be approximately plotted 2283 feet from the North Section Line and 951 feet from the East. Section Line. The Cedar Hills Ranch backup well is located at a point whence the SE ''4 of the NE %+ of Section 1, Township 6 South, Range 92 West of the 6th P.M. bears a distance of North 21° 18' 26" East for a distance of 2563.01 feet. Thu Woll can be approximately plotted 2381 Feet from the North Section Line and 942 fent from the East Section Lino. JUL-24-1995 11:35 FRr 4I,ER & GEGRIzE P.C. c+15253 P.132 !11x111.:1.1181,.1 ,Y t(1tiT A(: I R HAI' ID d 17.1'3`1? ntvFli1:11 AM1;N11f111 Wes! Divide %Vater Conservancy District Wdtt:r Allotment (:iiri..rnre:L' TIIIS ADDENDUM by and between the undersigned 11i1rt.iaS l roto i.a intended to be nn intcltrul pact or that ctert..►tu (r:Itur (hereinafter called "Conr.rlrc&ra) between sui J par 1:1 t.aa daft c:tl�t t 1,4 _ E.. to :.Z lctl.l%:ulIL i:errlLrart which tail; Addendum 311n1.1. forth in said contract. 1. It i:s L'frir i.r1tenL of L1i.: .11.1 I i L ifl1, litse'c: I ti 1.41 iid it i v I flit ur Ot ierwi.5e divide the 1ilrril: Lo be ,lire vr:d by 1.fte: wit (u1 a IrL:S i ttud pursuant to the contract. 2. It is the intent of the: Applicant herein to 111viritr the nater and rights iiud o i 1 i f;!t1 1 :111:i derived frim the (ontr;ict. between .gid among the par r is t :► no t.Illlrl t v l tt►rel il; d 1 v t dt:tl . 3. The District uckiWi.] e-cll;eu tha I i.1 age i 1rd 1 ri(.r.iil i rites; u1 Alrli 1 icant and approves and accepts +:sties, t.tlti,jvCC. Lo t 111) c:untl i LI UIIL set: forth herein. be est:Luclictl cliff liui"t t... it frll I y i, d:t;. 4. Applicant shell_ he required to 1 I Le: :iii +hili 1 i c;sr' I iJr1 i u +pis' i L l nef to District for each :;nit.I 1 v i :, t .iu co' d ..:,;tun v i,i l L.41a1; forth the legal description nr tau now liilrti I , t.Iit: union [:sere uciclru::s of 1 -ho lrurBon res;licariL:i Is l c• 1 r1r i•iii,ile 1 1.iiti'u if l 1 It 1111 .; :11;r r:i:uiirnl. with rer;ipect to void rlc:c; 1,iii i:t+l , ,1r.:I 1 iici 11or'I i cies til I:11er w:tt:vr being Llle aitiil jr:e:l Iiiri 1 t•!Iu i 4II i, lc, he s i 1iile.tl Lo said new parcel. S. 'iniad nppl ic;ition i:li.41 1 h.. t i 11•.1 11,c 1 t.: iii p1•..v rtILstt by the District. 6. 11lnplien lL :lliizl.l nuh1itl 1-, :; I (.li ..tai 1i tIp 1. l..iiL l.ii,, L he ."til"k'ti:4L Feer required 11y the District: i i,r Iir1,t.e:3:rilit; the application Thr division. ?. Before the division shall La iJppr..vr,tl by the 13iu:t.r.icL, Said ajaPl.irat 911n MUSt also IhuIl the :,1 ii'.i1-iir e. tit tiii:- ilrer11t1:ied vti C:L'-$' :i tat to r 1s1i 1. tt; k1IC c11;t LL 1 i+1( r.c, d .. umu . iiii1 hu humid by the terms and conditions el t IIi- C i'i11 mis t. and title Addendum. ri. (lpnn satisfactory CU!t11, 1 lertic:c by A111r 1 1 rollt ;11Ii1 Ir:; successor W'iLlt the re1L`egeinl; a t:i Il r a t:ltlt:ilI :. , 11I iit.ri c t ::lice i 1 approve the division and U111r 11 }; 11.1: ni:i1 i♦ is Leif:!'::til to 1.11111 Applicant and said 1UCCCSUUt. 9. llpoal uni'ii a pprovu l h y 11 i ;, I r; i t t 1.1- (:11111 r ili 1 :.1c:r i 1 he deemed 1.o he divided. Alllll Ic'ilnll l:Ii6 I 1 I lir:i x:111 l iq Il.i I cs1.luear:;I IIIc: 1 or 2 JUL-24-1995 11:36 FRt 461ER f' GEORI,E t'. C. West Divide Water Conservancy Dim. ict Water Allotment Contract Arlrlr.nditm Page 2 of 2 in 9451 253 P.03 Alirl.NflUII CONTI! ACT 0 DATE DIVIDED for pcerfort:mance of the Contract only as same relates t'o the remaining undivided portion. The :4:rc'"_e:4.iur .tli.an tiler -water lica responsible -aft` 1ivrrnrIu;h.t.tt uL Lite f..,,,i.a.i,.l. 1J Iy no e;rantc reinLun to the ti i a' i alotl pi.4. i. i eitt . A hrouch by tiitu p; rI.y to a divided contract shall 1i.. efe:c:II:c.l to be a brc. sc:ti only of that perm_on of the contract reit which that pu. ty iu responsible and shall not be (lammed to be a breach of the portions of the Contract for which of har non -defaulting parties are r sp[arl ib l . 10. After chic or more such ,t r' at l :i I "aet:, have helm made ui' tit!) Contract and Sha writer dud buil r4.!;,i,ottu t t, t 1 t rA e;s relating thereto, the Contract shall be .ia:a':tarod to be enforceable and to °gist in counterpart:4. '.':aur-, be tl:e many c:uttiiLa.0-- parts as there are divi.sieni at Lhr: Contract. Ruch cit:utur- part tctCattiar with this Addendum and tog.i1Attsr with the above-mentioned application and assumption abet ;Approval doctutiu nts shall constit:tits: the enLira agreement between District and each party rat::l:una i lil e; for par 'test trtattr:cr of each counterpart and ::!tilll he binding and unfort.cahle ;94:J1I:aruLely from other coatnterp,rts. 5 CfAT[fRES of the Parties hereto: Applicant: STATt? Cal` COLORADO ) ) s:. COUNTY OF CARFIELll ) `Cite forcgtiiiti; AiIdt:ndtuir:I ed:au sit:iedl;lui Itutorw roe on the 26 day of 11u) v , 1911airy : Teri " c'i'i t .Fi t1(. Witness my hand and ufl'fr..ta, r;im1 . My C;oc::mi:,:,Ittn i xpi r t3:; "y.1:11 y Ialtul,t it Um a t4 MPH: After .i hearing by Live. Nvud cat` lli ter: ut r:.,l t lr;: t.L:l: Ilivido t•L I ur {ixu„src+arty Disai.ct cxi the alxr.e hclrlervlsrn, it is torct,y ilt{tHEI) Clot: e.at;t skull ulartt his'puttied :aril iL~s-c:(IL d as curt of the ori;;i-til 4h1:e/- ..13citaiaaiit Contract refer -1,4l Irt i lr<iaeiri try Ur_ iii i ll i V l I IE WATER: CONSERVANCY DISTRICT /TLP.ST: Secretary By: 2 aif 2 !'r enicluttt* , 1 t) Intltl. I'.t-3 • • Legal Opinion Letters Dave Robbins DAVID M; normsNs H0D1 T r F. HILL DENNIS X1. MONTGOMERY KAREN A.TOMLI RONALD L. W LCO( .form H. EVANS MARK J. WACNLIt JEr1 REr ANNE $4. LAP611:TA & TloInnN•s. I' C. ATIR IFI IJI:\'t. .11' I.AV. 100 1.o' Iol1Il I$I .I 1.1•IF I_I 1I 111:1.1. 111 s I1l1.1.1 DEN _11. c'r o1 L 111 A 1 o1 P rs ill. • 1.11i July 0, 1995 Board of County Commissioners Garfield County 109 - 8th Street, Suite 300 Glenwood Springs, CO 81601 Dear Commissioners: lte: cedar Hills ltanc:h Subdivision Water Supply I have reviewed the devel r1pnlesnt plans and engineering for the proposed subdivision referenced eal,ove. 1 have also di sc.tls:;t:d the water supply plans with the developer, Mr. Norm C1 u::en, and his engineer, Mr. Tom Zancanella. Among the information I reviewed from Mr. Zancanella was a pump test on an existing well on the property which allowed him to conclude that there was already sufficient physical water available for the planned 18 single- family dwellings. Of course, that well is not an adequate legal water supply during certain times s of the year when I dere is a senior call for water on the Colorado River. As a. I esul t, it is necessary to replace, from of:llt.:r :.oI1I c:c:_;, any depletions t.ila L the well might cause. The Water Court_ rue [Mater Division 5 has regularly accepted contract water from the West Divide Water Conservancy District to replace out --o1 - pri ori ty depletions. As a result, 1 believe that depletions resulting from the existence of the Cedar Hills Ranch Subdivision wat r surpl y c _,,:7 ,1 replaced. Mr. Clasen has employed My f i I cel, C 1„JeLher with 'Y,a11Ca1Iel l a & Associates, to prepare and prosecute an application tor a plan for augmentation in the Water Court for Water Division 5, utilizing West Divide contract water. In addition, Mr. Clasen has. requested that we prepare and submit a temporary plan of substitution pursuant to C.R.S. §37-80-12(] to the. ,i11at:C Engineer. Utilizing the West Divide contract water and a i .,VIII.,[ .11 y substitute [:Blip I y plan approved by the State Engineer wi l I lel .iv ide the I•eciul Hills kanch Subdivision with a legal water :.ittlallly. The subsl.itllt.t: supply plan can be relied upon during the course car the legal pr oeseedi I1gs leading to a formal and permanent waters supply uude. a plan tor augmentation. Upon approval of thu Wus t: Divide Water conservancy District contract, Mr. Clasen will have a legal 1 eI11 .at:4.:,11[.11[ supply available for hi $ proposed slfbd i v i... 1 4111 oilct it i L3 my 1111 i 111 till that a temporary substitute supply plan and, ultimately, an augmentation plan can and will be approved confirming the legality of the water supply. Please call if you have questions. ,i7ery trul yours, � r r x 1 I • David w. Ro bi s DWR:ncr cc: Norm Clasen Tom Zancanalla (6-200) DAVID W. ROBBINS ROBERT F. HILL DENNIS M. MONTGOMERY KARE-N h . T061T1 RONALD L. WILCOX JOkO` H. EVANS MARK J. WAGNER JFJ'PRlY M. kLkLL ANNE K. LAPORTA HDLG 1ti:. 11.013BINs, P. C. ADCOIINIYS AT LAW 100 BLAKE STREET THUIISJINU 1441 I'fl.L'NTII STREET I)EN'VEII. COLORADO !10101.1251; July 26, 1995 Board of County Commissioners Garfield County 109 - 8th Street, Suite 300 Glenwood Springs, CO 81601 Dear Commissioners: TELEPHONE 303 200 -WOO '11...;LI. COP1EI1 303 296-2388 Re: Cedar Hills Ranch Subdivision Water Supply Based on conversations this date with Mr. Tom Zancanella, T understand that the referenced subdivision is going to be proposed for twenty (20) single-family dwellings. My letter of July 20, 1995, refers to 18 dwellings, but Mr. Zancanella now informs me that twenty dwellings is correct. i also understand that there is no change in the technical feasibility of the project water supply, and my opinion stated in my July 20, 1995 letter remains the same. DWR:ncr cc: Norm Clasen LTon(Zancanella (6-200) Very tru David W. Robins • # Well Na. 1 WRJ.S•Rev, 76 Application must be complete where applicable. Type or print in BLACK INK, No overstrikes or erasures unless initialed. • • COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver. Colorado 80203 PERMIT APPLICATION FORM ( x) A PERMIT TO USE GROUND WATER I x) A PERMIT TO CONSTRUCT A WELL FOR: (x) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NC) Fcx) OTHER rolet-ene-?r, pernti t. ntttalai'r 176514 WATER COURT CASE NO. (1) APPLICANT - mailing address NAME Norm Clasen STREET P.O. Box 1155 CITY ERsalf-- ('C1 8T691 'stele' (Zips TELEPHONE NO ( 9701 927-3043 (2) LOCATION OF PROPOSED WELL County Garfield SE '14 of the NE Twp 6 S Rng. 92 {N.SI 14 Section W 6th P.M. IE.WJ (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15 Average annual amount of ground water to be appropriated (acre-feet) : 9. 2 3 (C r m]b i n e d total of Wells 1-4) Number of acres to ho irrigated: 1. Proposed total depth (feet): _ 365 Aquifer ground water is to be obtained from: Colorado River Gravel Owner's well designation ('t ri A r Hill #1 gROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY (x) DOMESTIC (1) Ix ) LIVESTOCK (2) ( ) COMMERCIAL (4) • no irrigation (01 ( 1 INDUSTRIAL (51 ( 1 IRRIGATION 16) { ) MUNICIPAL (8) ( 1 OTHER 19) DETAIL THE USE ON BACK IN I11) (4) DRILLER Name Street City licensed {State) (Zip) Telephone No. Lic, No. FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. Basin Dist CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMI1 NUMBER - - DATE ISSUED) EXPIRATION DATE f3Y_ (STATE ENGINEER) I f) (a)tINTY (5) THE LOCATION OF 1HE PROPOSED WELL ar.d the area on which the water wi11 he user) must be indicated nit the diagram below. Use the CENTER SEC•! ION (1 section, 640 acres) fur the well location. } — —i- ---- — — -- — ± —-- -- 1 MILE, 5280 FEET NORTH SECTION LINE SOU I H SECT] I -the scala' of thr sliagrarn is 2 inches = 1 utile Each small square represents 40 acres. WATER EQUIVALENTS TABLE hounded Figures! An acre -tont covets 1 act., of land 1 foot deer 1 cubic toot per second (cis} . 449 gallons per rnlnute 19pmj A family of 5 will require anproximateIy 1 acre-foot of water per year. 1 ecre•toot . 43,560 cubic feet . 325.900 gallons 1,000 ppm pumped roPitiotipnuOy Inr one Hay produres A 42 acre.teet (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. 2310 ft from North sec. line (north or south) 1264 ft from East sec. line feast or west} - LOT 1 BLOCK FILING s SUBDIVISION Cedar Hills Ranch (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: Norm Clasen No. of acres - 2 Will this be the only well on this tract? 110 (8) PROPOSED CASING PROGRAM Plain Casing in from ft to ft in from ft. to ft Perforated casing in from ft. to ft in. from ft to ft (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED; Owner(s): NQr'tn Legal description: C,1 anon No. of acres: 4 . 2 (11) DETAILED DESCRIP TION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. Water Zt!l..l be used fat Wastewater will be disposed of through standard septic Iretic cti i d s . (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Vi -12 3S� Used for !purpose) Description of land on which used (13) THE APPLICANT (S}' STA I E(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO `THE/ i r %/1 SIGNATURE 0 f .!CAN r sl T OF HIS KNOWLEDGE. Use adrt ,t 5PIrrt5 of paper if More • ace is renal rF 'FORM P . aws-i [TITO STATE OF COLOIJ OFFICE OF THE STATE ENGINEER ate Centennial Bldg., 1a13 Sherman `.L• Denver, L:ulsriu.I.r 90.1t (303) 866.3581 PRIOR TO COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIDE CHANGE IN OWNERSHIP/ADDRESS / LOCATION WELL PERMIT, LIVESTOCK TANK OR EROSION CONTROI. (1AM NEW OWNER NAMES)rj`ti\0-0. nO.v .V!.%t........ e-\ 01- h .. Mailing Addressr W c . cs)� .. 4� SS ..... ...... City, St. Zip 'e)0,..Sork\-17 .. C4 \ 0 1, Phone (IPS ) c1 '�.... —.... . � t3 THIS CHANGE IS FOR ONE OF THE FOLLOWING: 4nJ1:U ("" M 1 1 t• .2� C/ W - \.a.376s11- ❑ LIVESTOCK WATER TANK NUMBER ❑ EROSION CONTROL DAM NUMBER us +M, 1140 ,ntty $F .1,40114:. 0: WELL LOCATION: COUNTY'QpQ.t^ t4 e OWNER'S WELL DESIGNATION C, 1S- e J 1� (Address) lertyi (Stahl) ilipl e 4' 1/4 at the N/E1,/4, Sec. ! Twp. {=? ❑ N. Of as.. Range s. ❑ E tip I ! w P.M. Distances from Section Linos . 3 Co 1 1 1 from ❑ N err tI .; I Irul, 0-'50 Ft limit L1 E �� I. J W Line. Subdivision Lot Block 1. iltrtg (t Inn) LIVESTOCK TANK OR EROSION CONTROL DAM LOCATION COUN l Y 1/4, Sec. Twp...... 0 N. or ❑ S.. Range ❑ E or 0 W. P M The above listed owner(s) say(s) that he (Ivey) own the structure described herein Theexistingrecord is being amended for the following roason(s): C:hanete in name of owner, Change in maillno address DC orroctron of location. I (we) have read the statemertts made herein, know the cornen:s tnereoi, and state that they we truer to my (our) knowleoge. (Pursuant to Section 24-4-1114 (13)(a) C-R S., the making o: false Si:sittrtl{rrit;. Iscrwn cOfS111L11tts purpoy. the second degree and is punishable as a ciass 1 misdemeano:.) Name/Tele (Please type or print) Biline:ury / 111 FOR OFFICE USE ONLY _Mato Engineer tiara y Court Case No. L4-`/1 0 3 Drv. ` Co- Wil] 7 (Ii,i:.iii MD • Flied for record the day of Reception Mo. A.O. 19 , at o•ct0cS K. fly DIPU1T. WONDER. QflIT CLAIM DEED THIS DEED Made this day of be {Ween DAVIT? W. MAWS and MIAXThr..7. WVES or the Co,F:y of Colorado, of the first t pert, a^d 110PILAN E. C I AS .D4 and l AURA 11. whose less! address It of she Co.a'+tr of W11ME5SE1h, that the Stir ca:$1 o! Inr Reil. (Q1)) f..4 .tete of 1I I rxtlrnIn r El STAMP a•aJ Slate Of ColoraI., of the second Wart: 4.lfl, 1414 4".J iii 40,94 W44.12200 .1 1t, 444.1. of 510.00 TETI COLLARS to :he said parities) of the first Wart In hand paid t"t the said partf!ell uI the 4.c o.,1 Ise![, the receipt, uhereOf it hare. by c. onlessed and ec.knorledged, has resited, ieteatr.I, }Loh! 10..CreJ and 0011 CI AIh1b, and he these ures011ts doled remise, release, telt, crawey and darn CMM 0110 the told 1•atlfietl OI the fecurwt Iran, [Their) helri, a*4telsort and aisl{,n*, futeuer. all the tight, title, inte,r%1, Claim ..MI rl..na•.J .1lI,I1 it told tin. lilt:) ..I il.c Leel Iia.{ n11{1,1 in and to Cho Iol lar.in1 delCrlbed tat Or paetet of ;and situate, lyrry 104 bbl .a In the L1.nrtl of GARP] Eli and State of Colorado, to wit: 22 SHARES OF THE P S: -A.. DITCH, 2 EX1STINC; (:ELLS, PERMIT 1.'1G•1E£R 175363 6 176514_ 3 SPRINGS NAMED M -.-:?S r'1.. WAIES i".r, rAv!!S rt. AI.%C lrV.n al stere: And rrum.^ IC MAV1 4710 i0 11010 4441 ta`e .6;e1".n' ,.. th all rthe 004/10M44,471 .4 .J tr+It•iltyt. trrereunta saki; tnf, Or 144 any4Jst thereunto apderiar '+. c 441 :4.e 1t1a14 •.;.r•:. 11:1e, rnielusl lid elan:. what*ae'.'er, 01 the sold paroles! ot Ina 1,11 part either .4 .4 V'r,•UI :r- to the anti Trope. IHr Lrr4't.; AroJ 1.0r.4. 4l the said y;4r11 test of One *accred nor:. Slnelrl heirs and ass•:'1 '.. one' It ultW(S3 Yhtlif141. I. as ...-:IFr,I of Thr frit: la ' I.rls4 he.r....lu fel ti.e.. 4.1..4 4..1 seal the Nay and ve.• Best 1i]4.•r .-Reef{. 5.y•+eC, Sealer: a•+a Del•-e•r: - .. 1-ete .4 of 7: e• r! L 1 / 1 _ ! J •• * -1 w i:•ivir , /- :.77-77:77-17-77.7"..713:lir�.. i l i z: Mr,ti+, 5 , ;7 4 Vii= ;Y C 1� lir ...A�.•✓i •.. rg: . _s: _ . .r..• 440 o.-t..r r. . _ . 3117CC1 :, erAu__ M5 ..!•••‘: :OMPIJ4E0 C.J1: Cl= i}: 1r.. l J r^c. r C.14 J537 AND e'. ,f, E:.i:Y-I, It Fr,,(1 I'.1K .ri%4X!Uj J. "P,v s {1141 t'I,1 11 • 4,. :=r i • 1 ! • .:SEAL 1 STATE OF COLORADO OFFICE OF THE STATE -ENGINEER S1E Centennial tramp., 1 313 Shorn an S1 Ilerawer. Colorado Iltt;.titi (3O3) urr;:.t:,ttt - )R TO COMPLETING FORM, SEE INSIEHUCTlONS ON FlEVEII CHANGE IN OWNERSHIP/ADDRESS / LOCATION WELL PERMIT, LIVESTOCK TANK Ofl EROSION CONTROi. CATS NEW OWNER NAME(S)•;._ DO- tl..Ve.5 Malting Address _...is3.. ..3 City. St. Zip!4R...1t�,.�..... Phone (30 3 ...... - 7 4.5/2-- ?. TTHHIISCHANGE 15 FOR ONE OF THE FOLI.OWIN( : l !1 'JUELL PERMIT NUMBER 11t.r /�' (r'M -( /P,.- f� _. .. ... f . /1 • LIVESTOCK WATER TANK NUMBER .__•-••-..... ',,. f -'= 'a-3 • EROSION CONTROL DAM NUMBER r.tr (Ake the may ' 2 .,....y s` r/ r, 3 t j /r RECEIVED DEC 0 3'93 y;,�1II1l I!...1)110::0S /25-7e/ 3. WEI.I_ l ()CATION: COUNTY (-04--. r (11 S (Addr) 1f4athe NE t)lstancos from Section 1 / ow111'1t"1; WH 1 DI :itGNA•iir)N [ r/ .0 %/ / !Col (11p) 1/4, Sec. / Two 6. E1 N. or D"S., Ran }a.. - E or I1( P.M. a.sdQ11le Inns 6°Ft. from El N. n l_` 15. tine, . H. horn i 1F. I i W I Ino 3 6"- 7. Subdivision 1 of LIVESTOCK TANK 011 EROSION CON I'I tOl RAM OCAT1ON. 1/4, Sec......... CO iu I i' Twp N. or I } 5., flange tl1.' 1_1E. 1W. 1 MIN 11 hitt) Tho above listed ownor(s) say(s) that ho (Ihoy) own the minima r1u:,t:tlhuti ltullrtrl The oxistln record Is being amondorl for the following re rIM Change In name {1t owner. 1-71 t:lLingo In I.it:itltt,rt I (we) have read the statements made herein, know the contents thereof, artd M.Iu that Italy are tine to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false siatements heroin Cnr1sitiisICS aria second degroo and its punishable as a class 1 ri)isdaml:.in tr Name/rifle (F'iva:;u typo of print) 5 &gnu 'Ili FOR OFFICE IJSE ONLY Ar:(Cl:1"I.1'.1) FOR c:IHANNGE". IN NAM OE OWNER AND t:IIANCE TN t•tA 11.I t:1: Altltl:l::IH. State Engineer f l� t *7 0' 1 t.ttii I f --- +z --c`r- tin 0 n 1994 Ilate ra,ae "' ,® STATE OF COLORADO OFFICE OF THE STATE ENGINEER For Orb6o Jrlsonly f 3Ml f Nt IMI3Ef t � 818 Centennial Bldg., 1313 Sharman St., Denver, Colorado 130203 (303) 866-3581 REGISTRATION OF DECREED EXISTING WELL PURSUANT TO C.R.S.37-92-304(8) 1. WELL OWNER NAME: WALTER E. CASTLE AND ALICE A. CASTLE MAILING ADDRESS: RT. 1, BOX 95 CITY, STATE, ZIP: NEW CASTLE, CO 2235' 2. WELLLOCATION: COUNTY:GARFIELD OWNER'S WELL DESIGNATION: CASTLE WELL (Address) (City) (Siete) (zip) SE 114 of the NE 1j4, Sec, 1, Twp. 6 South, Range 92 West of the 6th.P.M. Distances from Section Lines: 3675 Ft. from South Section Line, 250 Ft. from East Section Line. 3. The well has historically been used for the following purpose(s): Domestic and livestock. 4. Water from the well was first used beneficially by the original owner for Ole above described pt irpose(s) on AprIl 21, 1967 5. The total depth of this well is 365 feet. . The pumping rate is 15 gallons per minute (0.033 CFS). 7. The average annual amount of water diverted is not specified. 8. The land area irrigated from this well is: not specified. (Logu1 t3escrrption) - or as Subdivision Lot(s) Black Fib' rjltlrlit _ FOR OFFICE USE ONLY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 37-92-304(8), CRS THE STATE ENGINEER HAS ENTERED INTO HIS RECORDS, UNDER THE ABOVE ASSIGNED WELL PERMIT NUMBER, THE DETERMINATIONS MADE BY THE DIVISION 5 WATER COURT IN CASE NO. W-1203 FOR THE CASTLE WEI.L. ii, .z .J,..;,..., �1�„ w- ' ,", iii111._ 0 2_1994 State Engineer _ By Elate Court Case No. W-1203 Div. 5 Co. 23 Wf7 39 Basin MI) t Isn R. 9 • IN TIC' DI:;TIUCT COURT ] is A1,1) WATER DIVISIO'l M. 5 STATE OF cam= CASE NO. W- 1203 IN THE !.ATTER OF THE APPLICATION rON FOR ixAT:al R]GRTS OF WALTER E. CASTLE AND ALICE A. CASTLE IT: THE COLORADO RIV, .R OR ITS TRIBUTARIES TRIBUTARY IN0VOLVED: IN CARFIELD COUNTY 1- 1 1_ IN 1vA'f'l:It FOR Ihvisiuu No. .a FEfi27197 SA E OF C O ADO" iii (.i�.•rLr. diver l l n t.1244 II, :11.4.1. 1.111.ING (W THE REFi:l4I•:F: Par/MD ABSOLUTE DECREE FOR FEB 1 1,94 UNDER GROUND WATER RIGHTS IVATF417,rR'iShilgtan4�. And the Referee h.,vi ng mask the i raves ti gati ons required by Article 21 of Chapter 1118, C.H.S. 1965, as amended does hereby make the following ruling, to wit: This application wan referred to thc Water Referee of Water Division No. 5 on the 12th day of Jul v , 197 . 1. Name or Applicant Walter E. Castle & Alice A. Castle. Address Rt. 1, Ilox. 95; New Castle, Colorado 2. The name of the structure is Cantle Wel 1. 3. The Legal description of the structure is : The well is located in the SE -NE's of Section 1, T. 6 S. 1c. 92 W. of the 6th P.M. at a point whence the East Quarter Corner of said Section 1 bears East 250 feet and South 1035 feet. 4. The depth of the well is 365 feet. !4n '' / r' 3 f 5. The date of initiation of appropriation is April 21, 1%7. 6. The amount of water claimed 0.033 cultic foot per necond of time. 7. The use of the water is domestic and livestock. 8. The State Engineer's number is none. 9. The Priority date is April 21, 1967. 10. The since of the application was .luuu1: 30, 1972. It is the ruling of thc Rofer.:r ti.lt the statement:: in the application are true and that the above described water right im approved and granted the indicated priority; subject, however, to all earlier priority rights of others. It is accordingly ordered that tl1il. ruling shall become effective upon filing with the Water Clerk, nubjec1. to .1trtliciol re. provided by lrrw. jj Done at the City of Glenwood .!ring.., Colorado chi;, day of1r-7.e eM7/2.1 f , No protr. ;t wan filed in thin matter. Tho fore€loin!; ru/inn t:, confirmed or,. rap; rovr,d, t1nt1 1:r mrralu thu Juntinoat and Decree of this court. 1 Ir II 'I' 1t1 vi:.i. on No. :;1:110 of 0.11ot'rul,. • 1 Well No. 2 WRJ-s-Rey. 76 4,LORADO DIVISION OF WATER REOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 Application must be complete where applicable. Type or print In BLACK INK No overstrikes or erasures unless initialed. PERMIT APPLICATION FORM ( xl A PERMIT TO USE GROAN)) WATER ( x) A PERMIT TO CONSTRuc I A WELL FOR: 1 x) A PE TO INSTALL A PtIMP ( 1 REPLACEMENT FOR NO (Xi OTHER porrni t 4176514 WATER COURT CASE NO. (1) APPLICANT - mailing address NAME NQ rya Claapn STREET CITY P.O. Rax 1155_ Basalt. CO 81671 {Stitt) tZIO) FOR OFF ICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt Nn 1 Basin Dist. CONDITIONS OF APPROVAL TELEPHONE NO ( 970) 927-3049 This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issu:llrce of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water County GARFIELD right from seeking relief in a civil court action. SE ''A of the NE % Section 1 Twp. 6 S Rng. 92 _„j-, 6th P.M. IN SI tE,wl (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15 Average annual amount of ground water to be appropriated (acre-feet) : _9 _. 2 3 _ - ( combined w i t Cedar Hills Wells 1-4) Number of acres to be irrigated: 1 Proposed total depth (feet)' 110 Aquifer ground water is to be obtained from: Colorado River Gravel Owner's well designation Cedar - 1.11_115 #2 - GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (Ml x) DOMESTIC (11 i 1 INDUSTRIAL (5) ( 1 LIVESTOCK (2) ( 1 IRRIGATION (6) ( 1 COMMERCIAL (4) ( ) MUNICIPAL 151 1 OTHER (g) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Blue Sky Drilling Inc. Street P.O. Box 136 APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE City Silt, _ CO 81652 (STATE ENGINEER) ;State) (210 BY - I.D. COUNTY Telephone No. (970 ) 876-28 Lft.. No, 1 7-45 • (5) THE LOCATION OF THE PROPOSED WELL ar:i the arta un which the water will be used must be indicated rill the diagram below. Use the CENTER SECTION (1 section, 640 acres) Iur the well locations. I-- — —+ — -F--#---4-- 14____ -- 1 MILE, 5280 FEET — NORTH SECTION LINE -1- SOUTH SECTION LINE io to vi nF '-1 -r 0 z r m The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres .p -1- 11 (6) TI Il W_El_I_ 1‘./41i 113L I tlt;ATEf7 BELOW by distances Irons sr.ctiun lures. 2 1 61 It- fruit, North 363 ft 'ruin 'north or sown) East feast Or west) 1 I.t)T UI Ot;l. .FIt.ING er SUBDIVISION CLtio t sec. line sec. line Hilts Ranch (7) TRACT ON WHICH WELL WILL BE. LOCATED Owner: Norm Clasen 3.29 4.5 No. of acres /. Will this be the only well oil r111s tiactr if() (8) PROPOSED CASING PROGRAM Plain Casing iin. Ir-orn i' 1 ft, to 7f ft rr in from 1 ft to 0C ft Perforated casing -1-'2 90 1 1 0 111 It u111 — ft. to ft. in from ft to ft WATER EQUIVALENTS TABLE Huunded Figures! An acre•foot covers 1 acre of band 1 foot deep 1 cubic foot per second lets' ... 449 galions per rea,nutrr igtaml A farnily al 5 will reyurre apprortlniately 1 acre•fooi Ifs wv4ter per year, 1 acre-foot ... 43,560 cutiic feet . • 325,900 gatlui,y 1.000 Spm trumped continuously for ant Clay produce...I -12 acre•Icet. ('J) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WH L BE USED: owner(sl : North Clasen Legal description: see of tach- r3 1,111, 1 tl/ Lot 20 No, of acres, 3.111 / 4 _ (11) QETAILED DESCRIPTION of the use DI groom' water: Household use and domestic wells must indicate type of disposal system to be used. t�dr7 ter .41'1_11 WAFA' own t••pr wi 11 br-. di s11u:,L:L1 of through standard is p1 LcLa'i'c and leach field systems. (12) OTHER WA•f_ER BJGHTS used on this 1irilit, including wells* Give Registration and Watt;r Court Case Numbers. Type or right Used for (purpose/ Description of land on which used N / 11 (13) THE APPLICAN TRUE TO T (SY STATE(S) THAT -1 HE INFORMATION SET FORTH HEREON IS T OF HIS KNOWLEDGE. SIGNATURE OF APDL ICANT(S) Use additional of paper if n+ • ire is required. a a • STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Rcwmi 111 fl Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 8G6-3589 December 16, 1993 MEMORANDUM TO: DWIGHT WHITEHEAD FROM: JEFF DEATHERAGE OD SUBJECT: REGISTRATION OF DECREED WELL, DAVID MAVES r-r,r^t FEB 1 1 '94 STATE a rl1. Roy Romer Governor Ken Salazar Executive Director Hal D. Simpson Stale Engrneer Pursuant to our conversation today, I am returning the attached change in ownership/address form for David Mayes. The present location indicated on the toren appears to be more than 200 feet from the decreed location. If the well is within 200 of tile decreed location, please have the applicant correct the location indicated on this form. If the well is not within 200 feet of the decreed location, the applicant should have the decree cal l ected to reflect the true well location. Thank you for your assistance. Let me know if you need any additional information. 4'e yo r- L q t -J 74 o / .5-306.: 06.3 M A 6. :% S e r -Orr .1 k 1 /12 r JriM N9..1 Ws11 ' 07,13 STATE OF COLO OFFICE OF THE ST ENGINEER $10 Cenrennr tl niidp.„ 1x13 man SY Dower. Cotoredo B0203 (303) 856 -3-581 PRIOR TO COMPLETING f1NG FORM, SEE INS ETIUCTIONS ONRE�VERi SE SIDE CHANGE IN OWNERSHIP/ADDRESS / LOCATION WELL PERMIT, LIVESTOCK TANK OJT EROSION CONTTTOL DAM NEW OWNER NAME(S) PtiN Vv". Mailing Address ,D,1C `,... CITY. St- ZP... 3 t..5o-\. C -o .ca1 Phone (3p3 ) .. 3 C+. THIS C NGE 1S FOR ONE OF THE FOLLOWING: WELL PERMIT NUMBER l '=1 S 33 D LIVESTOCK WATER TANK NUMBER s _ 1 EROSION CONTROL DAM NUMBER For Mee Use orgy ``'LJCtQ Revision WELL LOCATION: COUNTY (Address) OWNER'S WELL DESIGNATION AN,L0 e5 "-- 1Cay) j�(St n) IMP) 5/i 1/4 o1 axe N V1/4, Sec / Twp, GS ❑ N or LJ 5., fl,�nc t t i ❑ i= or l_"J WW. 6T\ P.M. Distances from Section Lines 5.i(a b ... Ft. trom ❑ N or 1 • S. Une, ti 2,a U Ft. from LJ E at LJ W Line. Subdivision Lot Block Filing (Unit) 4. LIVESTOCK TANK OR EROSION CONTROL DAM LOCATION: COUNTY 1/4, Soc......_........ "Fwp,_ .., ...... ❑ N or U S., Range., ❑ E. or ❑ W P.M 5. The above listed owner(s) say(s) that ho (they) own the structure described herein. The existing record Is being arnended for the following reason(s): LJ Change In name of owner Q -Change In malting address. ❑ Correction of location. 6 1 (we) have read the statements made herein, know the contents thereof, and state that they are true to my (our) knowledge. Pursuant to Section 24-4-101 (13)(i) C.R.S., the risking of false stammerer, trrinrn constitutes penury in the second degree and Is punishable as a class 1 misdemeanor.) 7) Name/Tale (Plealse typeedor print)? AiDie f.'70.4 / C . (.�. S cr+� Signa re , / ..�__------ Date 3 / ,f FOR OFFICE USE ONLY &nin Ergineer ily dila 23 WO 3 Basiii MD Use Court Case No. Div. Co. I 11 !II eyrord the beg Of .a.D. 10 sere,. 5n No. O'rioek M. by_ QUIT CLAIM DEED 9'11IS nr,I;d elate !l la stay or between DM -ID W. PL\VFS and.X.TNE 3. 1,Vt4T.': of the County et aasd State of Colnradd.. of the brat Cart, Inc NOR t4 E. CI A_SEF and L URA B. C.Ac17! 'ECM ©E►ui1'. RECCRDIMrS STAMP .•hast legal address •s Of the [ountr of uttNESSEtN }hat the sa*d and State o/ [ottun of of the second part; • Carty of the first tJ111, for and In Gonsitlrr'aliun of the ova ar $ 1O. CD 1-a) , +rCOLLARS said �t{its7 0! :he firs* part In handla C ■ by the Paid pert(Ie.) of tht second part, the receipt ethereal la here by confessed aro aLknowiedoed, has remised, released, sold conveyed and Oult CAAl11Et), any by these presents Cate%) remise. release, sell, convey ant Cull :L11I4 unto the said partllesl of the geeon0 part, (their) heirs, 0UCellgefk and a.%slgns, fcrt.e•, all the right, title, interest, Claim ant demand utiich Is said panties) 0f thr first part hats) In and to the follc,.inp desrn*bed lot cr :arcel of lard situate lying aid being in the Ann Siete 01 Cnlora*10 to ret: COuhty oP G RFI ELD 22 SHARES OF THE ROSXAN AITCH, 2 EXISTING WELLS, PERMIT NUMBER 175363 0 176514. 3 SPRINGS NA1_`SED "rtlVS ill, HAVES 42, HAVES 03. also krown as scree: serf neer- G3ARFIEIn I"Fr"( le KA0C AND `,3 NOLO :he sand, together .11h all ono snnguls, the apthnetenaneey. Ano nrivilegcs 'hereunto belonging or In anywise thereon:4 alnrr:a*n *eg a.d 411 the WWI*, **g.1, lilt., 'Merge! amt claim whats0rver, Of the said parities) 0" :hr 1.es: nor:. ti1he, *n 11+. Or Or1111111e, 10 1h. *,*, peeper Use, beriefll any beton! .1 111E sold pari( +as5 al Mt second Part, (their) heirs and asSlgelt loreyer. Iw uI101ESS u.NCSEO1 1hr said pert(les) of the !list part betel hereunto sol their hag end seal the day and Yea- first above Nrn:ten, S+gnat. Sea Ied a -r )oi *riser .n ;tit .aresence of g27 .Li4. Mat) w, nave C_. :47717SEAS.) 1 ,.7ti"1NE—J"'1.1tAi+rS , 9.+ [AV 1 D w_ MAYES . ATTORNEY - VI -FACT (SSAI) W r` r •"s:ve+r^: .as atero.fteeged beao.e o.' 11*.s dee of ":,1:i MOE.S, 1:i0I7111UALI Y A1:11 A'. Ai IQRNY-1:1-i-A0 FOR Angle+E J. OAYES p..z,. Z.` - • rte { l i i '•. .---"' / 2:h '_ A?TiICLr11 1Notary Ota it SS{ 1 n (' O yf4,er klt t f r. nt� :C.0UIE1 ;.11' Cl at*. C`[? . CW3!137 1I:lr- GWI'1.17, FORM 110. Gus -31 11/90 / WELL CONSTRAION AND TEST REPORT STATE OF COLORADO, OFFICE OF TI IE STATE ENGINE: WELL PEfMIT NUMI3E11 175 363 OWNER NAME(S) Dave ?la ve s Mailing Address 1873 L IIi) City. SL Zip Fruita ED 81521. Phone (303 ) 85/1-'1642 3. WELL LOCATION AS DRILLED: SL 1/•1 DISTANCES FROM SEC. LINES: 3100 ft- from South Sec. fine. and 1200 (ntxtO or south) Ell: 1/4, Sec. SUBDIVISION: It. from For C c. lb* oary 9t1E. tom. �` MAY 1 3 '94 WATER SIATE Cl r. ;sant a vras.Q LOT 1 BLOCK STREET ADDRESS AT WELL LOCATION: In t' rt.,•.,n , Range r);'W Sec. line. OR r,1h alt FILING(UNITj GROUND SURFACE ELEVATION Vit} P) DATE COMPLETED ha r-erh 71 , 19941 It. DRILLING Mf: i 1 1CD ' i r "' n - r-i-rrne . TOTAL DEPTH 1 1 r I ft. DEPTH COMPLETED 1 1 t) It. 5- GEOLOGIC LOG: - 6 or M( at1�I (Tyt a..:;aa c.3:,:, wale( I K_.1r) D or -15 a n u y L r a )? 1b-b.i Cray, Srla 1 r" 6r a y 113- IV= • Srlar 1 u ' "an 1 rili.T. rl-ri V :)1Intta t oral' '.,"(tri ribs 1 ri'.i V 98-11U vitaie ',""iiiinus (il'av WATER Al 95' REMARKS: G. HOLE D1AM. (n-) From (ft) ,r.. i1 0'. To (ft) 70. • 7. PLAIN CASING OD (in) hind W;.:II Si. t F om(ft) To(ft) 7" Steel .1P`' 51,".0111-:_ .7 ' 3(j' 'yl" -t PERP. CASING: Screen Slot Size: lin" _v n " • 51 'ai; 1 0114 8. FILTER PACK Material Sizu interv:Il NONE 9. PACKER PLACEMENT: Type NONE Dept 10. (alar )t11ING RECORD: Material Amount Density Interval Placement Druid. 150llis��;! 04. /00,4A, 12' to 2 ISINFECTION: 1 WELL TEST DATA: TESTING METHOD Static Level _ Pumping level Remarks PI 1 10llt 13! r_nr l' Amt. tr.., •j (land J f Check box if Test Data is submitted on Supplemental Form. a i 1 e.r It. Date/Tme mea ;tired 3/13/9' , Production Rate 1' gpm. , Test len9111 (hr:.) } I!I�, IL Dnte]Tmc rr.: ,: ;l trod haws and the steteepewrts Harte I.e..it. .‘r'4 Frwsw thus commits tf..... J, seri tient they ata Win Y"" r."y Irw*aL••.i' . IPut:.untra W ::a..Aa rr, 21 1 104 (IMO) 0 I(5.. the malwa I:4 Ilse stalamenh bootie Cc4IU Wtrrs rymiury 4t lata seotont.i de j,nn err.J o ptotsttabLe tta a class I rnrwiamannor.l CONTRACTOR SLUE SKY DRILL 1 NG, INC. Mailing Address H.U. BOX 136 S I1. I CO 81652 Pl,{nie (103 ) R76-7821 Lic. Nva Name/Title (Please type or print) Km A. &Basch Secretary/Trey starer Driller Signature f, Date • Form No. GWS -25 APPLICANT OFFICE OF THE.ATE ENGINEER COLORADO DNISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman SI, Denver, Gatorade 80203 (303) 866-3581 DAVE MAVES 1873 L FRUITA CO 81521 ( 303)858-9642 PERMIT TO CONSTRUCT A WELL 1 78 WELL PERMIT NUMBER ' 25,2fj3- - DIV. 5 CNTY. 23 WD DES. BASIN MD f Lot: 1 Block: Filing: Subdiv: APPROVED WELL LOCATION GAIRFIE! D COUNTY SE 1/4 NE 1/4 Section 1 Twp 6 S RANGE 92 W 6th P.M. DISTANCES FROM SECTION LINES 3100 Ft. from South Section Line 1200 Ft. from East St;cliorl Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDmONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water rignt or preclude another owner of a vested water right Irom seeking relief in a civil couii action. The construction of this well shall be in compliance with the Water Weil Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Welt Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3) (b) (QI) (A) as the only well on a tract of land of 55.3 acres described as that portion of the NE 1/4 of Sec. 1, Twp. 6 South, Rng. 82 Wont of the 6th P.M., Garfield County, being more particularly described on the attached exhibit A. 4) The use of ground water from this well is limited to ordinary household purposes inside three (3) single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on a farm or ranch, and the irrigation of not over one (1) acre of home gardens and lawns. 5) The maximum pumping rate shalt not exceed 15 GPM. 6) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same Slrcam system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. Ib lc? - t. -S 3 APPROVED JD2 • suit E Receipt No. 0357034 !neer DATE ISSUED nr r - 1 7 7f/07 PYPIRATIC N hdt-r= ncr 1 7 c!?f..`1 11 0 rirwiti'dVr1 Iii Denver: •' ' i'i�l'•RL... ,1; IVEffr DIVISION CHUM/1ST FOR WE1 1, PERM1 X1`8• � �J�/',� DEC 03 '93 Name] of applicant: /rj7r`T �✓ /7,91/ � / 4-- • 7 iia c / . Application typed or neatly printed in black ink Correct boxes checked for appropriate motion Preview] permit number correct for rept ncernnt: well, etc. Court cane number listed for decreed wells Field inspection completed and attached ( fen or late reg.) (1) Applicant Mailing Addrenc a>— Mailing addreee correct and legible (printed or typed) (3' Telephone number correct and current (local number if possible) (2) Location of proposed well .Location correct according Lo information supplied by applicant Location consistent with item (5), (u) on application note: dintnncen and 1/4, 1/4 must be utoaoured from SE corner of section for irregular oecLi orfs (3) Water use and well data rr . �." Proposed primp, rate' completed (15 gym for exempt dour. and Intl } `Amount of appropriation" completed "Acres irrigated" completed & mntcinn t:ypn of tool] 'wiled for "1'roponocl total depths completed 'Aquifer information completed ("unknown" 'L f not niit:n) Owner' a well iesignation completed (apt: l orin l ) . Grou crater to be us ped fort Dementia or household uo o well El non -over ppropria L'ed area over roprinLed area 35 acres or more (nntat include description) Cl subdivided before .lune 1, 1972 or exempted by county (attach copy of exemption) subdivision date & lot 11 notoi muot include dencript ions of paroels ' ' not in a eubdivieion (plat or metal] and bounds) Ca Other (oommel.cial, municipal, etc. ) ('1) Driller i3onignntod driller-- n copy of permit vont to driller indicated U "Colorado Licensed"- nil novice of loran t vont to applicant } Location of proposed well (map) Completed and oonnistent with item° (2), (6) on application F.,•411,410—.r. (G) L.ocntlon of proposed well (stiutaneen from section linen) 'Completed and oonnintent with items (2) , (5) on nppliantion, ar supplied inCormnlion L3 luhdivinion information completed (whets applicable) (7) Tree ' on which well will ho located ■ Completed note: if 11.11. - una or domestic on 35 ncren in over- nppt•opriatod nrou can only ltnve onto well per trnt:t. (check to verify no other wenn n i it t1tr: 1/4, 1/4) (a) Proposed caning program' 1Y Completed :Minimum casing size of 4" I. D. with 20' solid steel surface .1 casing (1' above ground, 19' below) C1 ''Vnriance request (letter and diagram) attached if npplicahle (9) For replacement wenn Co• mpleted ed if"applicable -- din tauee and 'according to rules" (10) band wlri ch grounds a to r will be used . (11) Completed if Applicable (for irrigation only wells) note: anrn bo tined to van orri bo only well on 3 5 t tierce Detailed description' • A Completed correcU'Vnnd in detail mote: be specific about uses. especially number of ;souses to be trervod,- stookwater, irrigation .. must be cousin tont with typo of well reguon ted. Remember to indicate type of dinponal for domonLic nud 11.11. (12) Other gator rigintc (include well Permit number if nnower in n7 wan no) =i I Completed if (applicable (13) Signat a (1 4) Comments lin© .:r1..'I r Cignod/drxled by r1U'I'LICANT Ort RePRE:SF:N'1 ATI Vis (w/written autltor&ty-•print name and title of representative) r e Application fee attached: Application taken by: Application checked byt O r /L i✓ d 7 d C I' /' fL Cr Cheek fl Amot It ��•' �!/f,�'%r�- 75 a e G 4 sc,''L c Q u r3 CaJ,c(-- Ec•'L f•/ rC /` R F f 4 — CACtink:! S33 NU 387 Ex ' 1VE*' EXHIBIT T .�n " a6�3 ►r 21 yy� r.TEn s .'.cr. JUN '93 TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M. V.WA 4ESG11IECI'la SECTION 1: Lot 1 and SF1/4NE1/4 lyingNorth of County ;T.'.7E [Ni111IL511vasa, Road No. 214. EXCEPT THAT part of the above described property lying Westerly of the following described line: Beginning at a point on the North line of said Lot 1 whence the South Quarter corner of Section 33, Tp. 5 S., R. 91 W., 6th P.M. bears E. 341.24 feet; thence S. 0 degrees 09'07" E. 1333.23 feet; thence S. 82 degrees 54'41" W. 69.04 fret; thence s. 0 degrees 00'50" W. J134.35 feet to a point on the Northerly right of way line of the County !toad. TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH P.M. SECTION 6: Lots 3 and 4 except that part conveyed out by Document 251949. That part of Lot 5 and the SEI/4NWI/4 described as follows: Parcel No. 1: Beginning at the Northwest Corner of said Lot 5; thence South along section line as fenced to the North right of way fence of the Coranty road; thence Easterly along North right of way fence of the County Road, as fenced, 191 feet; thence North to the North line of said Lot 5; thence Westerly along North line of said Lot 5, as fenced, to the point of beginning. Parcel No. 2: Beginning at the Northwest Corner of property described in Book 340 at Page 537 of the records of Garfield County Colorado; • thence Northwesterly to the Northwest Corner of the SE1/4NWI/4 of said Section 6; thence Easterly along the North line of the Se1 /4NW1 /4 to the intersection of the property described in Book 297 at Page 430 of the records of said County, as fenced; thence Southerly along said property to the County Road; thence Westerly along the North right of way of the County Road to the intersection of property described in Book 179 at Page 442 of the recorder of said County; thence along raid property .fine to Point of Beginning. ALSO EXCEPTING from the above those portions conveyed to Maxine R. Dawson by Deeds recorded July 1, 19?7 in Book 490 at Page 41 as Reception No. 279318 and recorded January 30, 2979 in Book 522 at Page 365 as Reception No. 291799. ALSO 1 XCEPTfl G that portion conveyer} to 'Toni L. Whittington and Valton D. Whittington I'y Deed recorded February 6, 1992 in nook 023 at Page 152 as Reception No. 431. J2. COUNTY OF GARFIELD STAT' OF COLORADO TOGETHER WITH BUT WITHOUT WARRANTY 22 shares of Roseman Ditch water rights. llE;'1?lli'TNr: IFNT'n OP NTfl5 seri easement on the cast end of property from llr.rr i.e* Roseman Bitch anrf also on west r•n.f n( property to Roseman Ditch to water cattle from BLM. RECEIVED DEC 05 '93 — ----ViATErt RESOURCES_ STATE ETIONUR COLO 1— • 4z) -N. q• 3 t 77' 4- e ;41,‘ ,•t". ,3 Z -Te • -....•••••• ••••• •• ••••••• -F' 4± ?e 7 -76• c- e" ---- n• •••- 9/ / a 7 "e_- er • . _ $—/L • 23 e (7/ 4 7 0 ' 7ThAe e 5.2e..1)(•• 0 6 43 // 3 5.1.* tc;' - • fv"_ • • 47 a it ov‹, y a. •-••• -5 „1. „ ‘ 7 4t /.‘i re4./ 4. c-7 4 e-tf 2 s .0 •>t z,› 011-4 4"1- ..Z.1_6 J_ / f-'° 0 • Jl iI ij . • <7 _at- • • - -I_ • / 3 1.. .s• /1-7 f" cr," r^'• ..c Lec, .36- 7 0 3 • STATE OFCOLORP,DO iFFICE OF THE STATE ENGINEER Division of Water Resources Pepartment of Natural Resources 1313 Sherman 5,reet. Rnom 018 Denver, Colorado 80203 Phone 13031 866.3581 FAX (303) 866-3589 DAVE MAVES 1873 L ROAD FRUITA CO 131521 August 11, 1.993 RE: Application Receipt No. 357034 Dear Mr. Maves: Ray Romer Governor Ken Salazar Execu1' 'e Director Hal O. Simon State Engineer Your application for a permit 10 construct a well is being returned for additional information and/or correction. The requested information is required before your application may be evaluated further. All corrections and/or additions made to the application form must be typed or printed in BLACK INK and dated and initialed by the applicant or the authorized agent of the applicant. Domestic type well permits are typically available on parcels of 35 acres or more if the well will be the only well on the parcel. In item #7 on the application, you indicate this will not be the only well on this 172 acre parcel. We may still be able to issue a domestic well permit if you can provide us with a legal description for a specific 35 acre or larger parcel on which this well will be the only well. The legal description needs to be a metes and bounds description, or a surveyor's plat, and must contain a tie to a section corner or quarter corner. (The current legal description does not contain a tie to a section corner.) The parcel size must be indicated in item nos. 7 and 10 (this should agree with the legal description you submit). Make sure to reference the legal description in item #10. Also, note that the proposed well location indicated in item #6 would place the well in the SE 1/4 of the SE 1/4 of Sec. 1, but in item #2, you indicated the SE 1/4 of the NE 1/4 of Sec. 1. Please amend the information in items #2 and #6 so they are consistent with each other. Thank you for your cooperation. If you have any questions, please contact this office and reference this letter and the above receipt number. Sincerely, ,teff Deatherage Engineer /Id Enclosure(s) • Well No. 3 WRJ•5-R.v. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. • • COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM (x) A PERMIT TO USE GROUND WATER (x ) A PERMIT TO CONSTRUCT A WELL FOR: (x ) A PERMIT TO INSTALL A PUMP { ) REPLACEMENT FOR NO { ) OTHER WATER COURT CASE NO (1) APPLICANT - mailing address Norm C] ztscn NAME STREETP•° Rax 1155 CITY Basalt, CO 81621 (sum TELEPHONE NO 970-927-3043 (Zip) (2) LOCATION OF PROPOSED WELL County Garfield SE of the NI.: 'V.., Section Twp. 6 S Rng, 92 W fN,s1 IE.WI Gth P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): (combined total of Wells 1r4j Number of acres to he irrigated: 25 9.23 Proposed total depth (feet) 160 Aquifer ground water is to be obtained from: C'nlnr7rlr) iLi vrrr t;rvr Owner's well designation Cedar Il i, l l s GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY • no (x)d DOMESTIC (11 1 ) LIVESTOCK 12) ( ) COMMERCIAL (4) Ranch We]. irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) { 1 MUNICIPAL 18) 1 I OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Shelton. Drilling Corp.. Name Street 20474 Hwy 82 City Ila s a 1 t: , Co f1 1 6 2 1 (sum Telephone Na, 970-927-4 1c. No 894 IZIP) FOR OFFICE USE ONLY; DO NOT WRITE IN THIS COLUMN Receipt No Basin Dist, 3 CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY 1.D, COUNTY • (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + - 1-. ± - - -4- — -1-- — —I- .— ± —. -1- I .4 1 MILE. S290 FEET --)-I 1- --I!- -1- -1- --1- --1- -I- --I- -I- 1 4_NQRTH+ 1. NORTH SECTION ONE 2 s I � o w iz I 0 I - soul SECTION LINE I -I- 4- 31Y11 NO113 — + — (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. 2283ft from N 'rth sec. line ;norm or south) • 951 ft. from East sec line (aril or wail) LOT BLOCK FILING r :edar Ilills Ranch SUBDIVISION - (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: No, of acres 77 • Will this be the only well on this tract? No + f 4 4- - -4– — The --+— The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres, 4 WATER EQUIVALENTS TABLE (Rounded Figures) An acre -loot covers 1 acre of land T loot deep 1 cubic foot per second lets) ... 449 gallons per minute Igpml A family of 5 will require approximately t acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325.900 gallons. 1.000 qpm trumped continuously for one day produces 4 42 acre•feet. (8) PROPOSED CASING PROGRAM Plain Casing 7"in from _ 0 f t to 1 2 1 ft ?ss in from 32 It to 160 ft Perforated casinJ 5" in from 1 1 0 ft. to 1 5 0 ft. in. from ft to ft (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED; Owner(s): Norlll C.i asen Legal description: See Attached No. of acres: 77 _ (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells trust indicate type of disposal system to be used. Water will be used for domestic and irrigation purposes. Waste water will be disposed of through standard septic tank and leach field sysLens. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used N/A (13) THE APPLICANT SSTATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO T SIG ATURE OF APPLICANTfSI T OF HIS KNOWLEDGE. Ilse ar ''''^fnal sheets of Toner if m^. -e is rrmuired. • • Well No. 4 WRJ•5•Rev. 76 Applications hoist be complete whine applicable. Type or print In BLACK INK. No overstrikes or erasures unless initialed. COL•ADO DIVISION OF WATER RES©ES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM 1 ) A PERMIT TO USE GROUND WATER ( } A PERMIT TO CONSTRUC1 A WELL FOR: (x) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO. ( }OTHER WATER COURT CASE NO. (1) APPLICAN"f` tnailiIul address NAME Norm Clasen STREET P.O. Box 1 1 5 5 CITY Basalt,CO 8 1 6 2 1 (State) iztrl TELEPHONE NO. 970-927-3°43 (2) LOCATION OF PROPOSED WELL County Garfield Sty, of the N1, Two. ( S_ ,Rug. __9,2 CM,SI '4 Section 10.1, 6L11 tr.wp (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 25 Average annual amount nI Mt -Mild water to tit! tt o rinit: i (ut:rv•tertl: 9. 23 tcombpinedl total of Wells 1-43 Number al acres to be irrigated: 0 _ y 11 Proposed total depth (feet): 160 Aquifer ground water is to be obtained Irom: Col or•n to (di ver Gravel. Owner's well designation il n r I t -i 1,1, c u aclt Wr 1 1 GROUND WATER TO BE USED FOR: ( 1 HOUSEHOLD USE ONLY - no irrigation 101 ( X) DOMESTIC (11 ( 1 INDUSTRIAL 151 ( 1 LIVESTOCK 12) 1 1 IRRIGATION (61 ( 1 COMMERCIAL 141 ( 1 MUNICIPAL (81 1 1 OTHER (.i) - DETAIL THE USE ON BACK IN (1 11 (4) PRI LLER Name Shelton Drilling Corp Street 20474 Ilwy 82 City ling 1 1- , C.(:,__f1 1 6 2 1 (states tiipl Telephone No. _ 97Q-927-4 1Lo2 No. 8 9 4 - - 4 FOR 01:1" LISE ONLY: DO NOV WIII IT IN TIIIS COLUMN Receipt No • Basin Dist. 'CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action, APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE 13Y 1.D (STATE ENGINEER) COUNTY • (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will he used must he indicated on the diagram below, Use the CENTER SECTION (1 section, 640 acres) for the well location. - _. -1-- -1- - - I- I,� 1 MILE, 512110 FEET -1• -1- ..is NOfTII SECTION LINE SOUTII SECTION LINE -1- I - - -)-- - - Th11 s(at)e± of 19th rlialfrrrm is 2 inches 1 mile E.ic:It small square represents 40 acres. -I- + - WATEn EQUIVALENTS TABLE (Hounded Figures) An acre-foot covers 1 acre of land 1 1001 deep 1 cubic 1001 poi second (cfs1 , , 441) )gallons per n11nu11 )glom) A family of 5 wilt require ntijsroximotCly 1 acre -font or water der year. 1 aCre•Iont 43.51i0 cubic Tett .. , 325,900 gollons 1,000 p11111 ftulnrbell (Nn1111111101151y Ior (111e day pro(luces .1 R7 acre•feo1. (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. 2381 ft. from North (north or south) 942 f1. from Past sec, line sec line (0.551 tie wast) LOT 13I OCK FILING « SUBDIVISION Cedar II i 1 1 s Ranch (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: No, of acres 77 1j Will 1111s be lite only well 011 11tis Ilaci? Nri (8) PROPOSED CASING PROGRAM Plain Casing in from ft to _ ft in from ft to ft 11u1 totaled eosin!' in from ft to ft. in, from ft to _ rt (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL 13E USkli Uwraerlsl.. Norm Clasen No. of acres: 1 1 . 5 Legal description: See Attached (11) DETAILED DESCRIPTION of the use of !pound water: Household use and domestic wells must indicate type of disposal system to be used. Water will be used for domestic and irrigation purposes. Waste water wi.1.l be disposed of through standard septic tank and leach field systems. !12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers, Used for (purpose) Description of land on which used LILA Type or right 13) THE APPLICANTTi ) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO • E"B ST OF HIS KNOWLEDGE. :IGNATURE OF APPLICANT(SI Use attditinnal sheets of paper if more spp,tcc is required. • • TITLE COMMITMENT 410 O4ners Form 402 • Policy No. SV2148209 Order No. GW3535 Amount $205,000.00 SCHEDULE A Address GARFIELD COUNTY 1. Policy Date: April 06, 1995 3:54 P.M. 2. Name of Insured: SPRING CREEK LAND COMPANY, LLC 3. The estate or interest in the land described in this Schedule and which is covered by this policy is: A Fee Simple 4 Title to the estate or interest covered by this policy at the date hereof is vested in: SPRING CREEK LAND COMPANY, LLC 5. The land referred to in this policy is situated in GARFIELD County, Colorado, and is described as follows:. A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN AND THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 6, SOUTH RANGE 91 WEST OF THE 6TH PRINCIPAL MERIDIAN SAID TRACT BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER IN BOOK 833 AT PAGE 386 AS RECEPTION NO. 435454 AND BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 6; THENCE ALONG THE NORTH LINE OF SAID SECTION 6, NORTH 88 DEGREES 48' 34" EAST 195.15 FEET; THENCE SOUTH 0 DEGREES 20' 54" EAST 1097.99 FEET; THENCE SOUTH 80 DEGREES 11' 56" WEST 1454.65 FEET TO A POINT IN AN EXISTING FENCE; THENCE ALONG SAID FENCE NORTH 1 DEGREES 20' 47" EAST 1334.04 TO A POINT ON THE NORTH LINE OF SAID SECTION 1; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 44' 13" EAST 339.63 FEET TO THE SOUTH QUARTER CORNER OF SECTION 33, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE ALONG THE NORTH LINE OF SAID SECTION 1 NORTH 89 DEGREES 34' 50" EAST 860.68 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO Page 1 This Policy valid only if Schedule B is attached. oao.C)2- Owner Form 402 Order No. GW3535 !Loy 14o. SV2148209 SCHEDULE B Page 2 This Policy valid only if Schedule B is attached. Owner Form 402 Order 111. GW3535 This policy does not the following: 1. Rights or claims public records. SCHEDULE B licy No. SV2148209 insure against loss or damage by reason of of parties in possession not shown by the 2. Easements, or claims records. of easements, not shown by the public 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. GENERAL OR SPECIAL TAXES AND ASSESSMENTS REQUIRED TO BE PAID IN THE YEAR 1996 AND SUBSEQUENT YEARS. DEED OF TRUST DATED March 10, 1995, FROM SPRING CREEK LAND COMPANY, LLC TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF BANK OF COLORADO - WESTERN SLOPE TO SECURE THE SUM OF $150,000.00 RECORDED April 06, 1995, IN BOOK 936 AT PAGE 534 UNDER RECEPTION NO. 476356. 7. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 8. WATER RIGHTS OR CLAIMS TO WATER RIGHTS. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED August 27, 1923, IN BOOK 112 AT PAGE 569 AND RECORDED JANUARY 16, 1974 IN BOOK 454 AT PAGE 176. 10. UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY JAMES CONTO AND DOROTHY CONTO IN DEED RECORDED MAY 8, 1964 IN BOOK 357 AT PAGE 587 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 11. RESERVATION OF AN EASEMENT ON THE EAST END OF THE PROPERTY FROM BLM TO ROSEMAN DITCH AND ALSO ON THE WEST END OF THE PROPERTY TO ROSEMAN DITCH TO WATER CATTLE FROM BLM AS RESERVED IN DEED RECORDED JUNE 3, 1992 IN BOOK 833 AT PAGE 398. 12. RIGHT OF WAY FOR THE ROSEMAN DITCH AND ANY OTHER EXISTING IRRIGATION DITCHES, LATERALS, CANALS OR PIPELINES. Page 3 Owner Form 402 411 410 Order No. GW3535 k'olicy No. SV2148209 SCHEDULE B 13. ONE-HALF OF ALL MINERAL RIGHTS AS RESERVED BY JOHN CHENOWETH AND LOTTIE CHENOWETH IN DEED RECORDED APRIL 22, 1968 IN BOOK 393 AT PAGE 510 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 14. LACK OF ACCESS TO AND FROM PUBLIC ROAD, HIGHWAY, OR STREET. 15. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED April 06, 1995, IN BOOK 936 AT PAGE 541. 16. EASEMENT AND RIGHT OF WAY AS CONTAINED IN INSTRUMENT RECORDED APRIL 6, 1995 IN BOOK 936 AT PAGE 554. ***ENDORSEMENT 100.31*** THE COMPANY HEREBY INSURES THE INSURED AGAINST LOSS WHICH THE INSURED SHALL SUSTAIN BY REASON OF PHYSICAL, BUT NOT AESTHETIC, DAMAGE TO IMPROVEMENTS EXISTING ON THE LAND AT DATE OF POLICY OR CONSTRUCTED THEREON THEREAFTER RESULTING FROM THE EXERCISE SUBSEQUENT TO THE DATE OF POLICY OF ANY RIGHTS TO USE THE SURFACE OF THE LAND UNDER THE MINERAL INTEREST REFERRED TO IN EXCEPTION NO. n/a, OF SCHEDULE B ("THE MINERAL RIGHTS"), SUBJECT, HOWEVER, TO THE FOLLOWING TERMS AND CONDITIONS: 1. THE INSURED SHALL NOTIFY THE COMPANY PROMPTLY IN WRITING IN CASE KNOWLEDGE SHALL COME TO AN INSURED HEREUNDER OF ANY ACTUAL OR THREATENED EXERCISE OF THE MINERAL RIGHTS. 2. THE COMPANY SHALL HAVE THE RIGHT, AT ITS COST, TO TAKE ANY ACTION WHICH IN ITS OPINION MAY BE NECESSARY OR DESIRABLE IN ORDER FOR THE COMPANY TO AVOID OR MINIMIZE THE EXTENT OF ITS LIABILITY UNDER THIS ENDORSEMENT, INCLUDING, BUT NOT LIMITED TO ANY OR ALL OF THE FOLLOWING: (A) IN THE COMPANY'S OWN RIGHT, OR IN THE NAME OF THE INSURED FOR THE COMPANY'S BENEFIT, TO INSTITUTE, PROSECUTE AND PURSUE TO FINAL DETERMINATION ANY PROCEEDINGS AT LAW OR IN EQUITY, OR BEFORE ANY MUNICIPAL, ADMINISTRATIVE, REGULATORY TRIBUNAL OR BOARD; (B) IN THE COMPANY'S OWN RIGHT, OR IN THE NAME OF THE INSURED FOR THE COMPANY'S BENEFIT, TO COMPEL THE GIVING OF SECURITY BOND OR UNDERTAKING BY THE PERSON OR PERSONS FROM WHOM THE INSURED IS ENTITLED BY LAW TO SUCH SECURITY, BOND OR UNDERTAKING, AND IN THE SAME AMOUNT OR AMOUNTS TO WHICH THE INSURED WOULD HAVE BEEN SO ENTITLED HAD THIS ENDORSEMENT NOT BEEN ISSUED; AND (C) TO RETAIN OR BE PAID OUT OF ANY SUCH SECURITY, BOND OR UNDERTAKING, OR OUT OF ANY COMPENSATION OR FUNDS RECOVERED BY THE COMPANY OR THE INSURED, SUCH AMOUNT AS WILL REIMBURSE THE COMPANY FOR ALL PAYMENTS MADE TO THE INSURED BY THE COMPANY BY REASON OF THE INSURANCE AFFORDED BY THIS ENDORSEMENT, TOGETHER WITH ALL COSTS AND EXPENSES INCURRED BY THE COMPANY IN CONNECTION THEREWITH, INCLUDING ATTORNEY'S FEES. 3. NO RIGHTS, BENEFITS OR DEFENSES ARE INTENDED TO OR SHALL BE DEEMED TO FLOW OR BE MADE AVAILABLE TO ANY PERSON OR ENTITY OTHER THAN THE INSURED BY REASON OF THE INSURANCE AFFORDED BY THIS ENDORSEMENT, AND THE INSURED AGREES THAT ALL OF THE INSURED'S RIGHTS AND REMEDIES AGAINST THIRD PARTIES RELATING TO THE SUBJECT MATTER OF THIS ENDORSEMENT SHALL BE DEEMED TO HAVE REMAINED INTACT, IN THE SAME MANNER AS IF THIS ENDORSEMENT HAD NOT BEEN ISSUED Page 4 Owners Form 402 411 Policy 0. SV2148208 Order No. GW3537 Amount $320,000.00 SCHEDULE A Address GARFIELD COUNTY 1. Policy Date: April 06, 1995 3:51 P.M. 2. Name of Insured: NORMAN E. CLASEN and LAURA B. CLASEN 3. The estate or interest in the land described in this Schedule and which is covered by this policy is: A Fee Simple 4. Title to the estate or interest covered by this policy at the date hereof is vested in: NORMAN E. CLASEN and LAURA B. CLASEN 5. The land referred to in this policy is situated in GARFIELD County, Colorado, and is described as follows: A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN AND THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 6, SOUTH RANGE 91 WEST OF THE 6TH PRINCIPAL MERIDIAN SAID TRACT BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER IN BOOK 833 AT PAGE 386 AS RECEPTION NO. 435454 AND BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE NORTHEAST CORNER OF SAID SECTION 1 BEARS N. 00 DEGREES 20' 54" W. 1097.99 FEET AND S. 88 DEGREES 48' 34" W. 195.15 FEET; THENCE S. 0 DEGREES 20' 54" E. 1072.28 FEET TO A POINT IN THE NORTHERLY RIGHT OF WAY OF COUNTY ROAD NO. 214; THENCE ALONG SAID RIGHT OF WAY 5. 78 DEGREES 11' 46" W. 1538.16 FEET TO A POINT IN AN EXISTING FENCE; THENCE ALONG SAID FENCE N. 0 DEGREES 08' 26" W. 1130.43 FEET; THENCE N. 82 DEGREES 37' 17" E. 69.04 FEET; THENCE DEPARTING SAID FENCE N. 80 DEGREES 11' 56" E. 1454.65 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO Page 1 This Policy valid only if Schedule. B is attached. Owner Form 402 Order O. GW3537 Ilicy No. SV2148208 This policy does not the following: 1. Rights or claims public records. SCHEDULE B insure against loss or damage by reason of of parties in possession not shown by the 2 Easements, or claims of easements, not shown by the public records. 3 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. GENERAL OR SPECIAL TAXES AND ASSESSMENTS REQUIRED TO BE PAID IN THE YEAR 1996 AND SUBSEQUENT YEARS. DEED OF TRUST DATED March 10, 1995, FROM NORMAN E. CLASEN and LAURA B. CLASEN TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF BANK OF COLORADO -WESTERN SLOPE TO SECURE THE SUM OF $150,000.00 RECORDED April 06, 1995, IN BOOK 936 AT PAGE 527 UNDER RECEPTION NO. 476354. 7. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 8. WATER RIGHTS OR CLAIMS TO WATER RIGHTS. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED August 29, 1895, IN BOOK 12 AT PAGE 380. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED August 27, 1923, IN BOOK 112 AT PAGE 569 AND RECORDED JANUARY 16, 1974 IN BOOK 454 AT PAGE 175. 11. UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY JAMES CONTO AND DOROTHY CONTO IN DEED RECORDED MAY 8, 1964 IN BOOK 357 AT PAGE 587 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 12. UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY JAMES CONTO AND JOSEPH CONTO IN DEED RECORDED MAY 8, 1964 IN BOOK 357 AT PAGE 591 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. Page 2 Owner Form 402 Order N . GW3537 ilicy No. SV2148208 SCHEDULE B 13. EASEMENT FOR INGRESS AND EGRESS TO THE WARE AND HINDS DITCH AS RESERVED IN INSTRUMENT RECORDED MAY 8, 1964 IN BOOK 357 AT PAGE 591. 14. ALL OIL, GAS AND MINERALS TOGETHER WITH A RIGHT TO EXPLORE FOR AND REMOVE THE SAME AS RESERVED BY JOSEPH CONTO AND MARY CONTO IN DEED RECORDED DECEMBER 30, 1964 IN BOOK 362 AT PAGE 582 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 15. ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY JOHN BECKER IN DEED RECORDED SEPTEMBER 15, 1965 IN BOOK 369 AT PAGE 462 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 16. RESERVATON OF AN EASEMENT ON THE EAST END OF THE PROPERTY FROM BLM TO ROSEMAN DITCH AND ALSO ON THE WEST END OF THE PROPERTY TO ROSEMAN DITCH TO WATER CATTLE FROM BLM AS RESERVED IN DEED RECORDED JUNE 3, 1992 IN BOOK 833 AT PAGE 386. 17. RIGHT OF WAY FOR THE ROSEMAN DITCH AND ANY OTHER EXISTING IRRIGATION DITCHES, LATERALS, CANALS OR PIPELINES. 18. ONE-HALF INTEREST OF ALL MINERAL RIGHTS AS RESERVED BY JOHN CHENOWETH AND LOTTIE CHENOWETH IN DEED RECORDED APRIL 22, 1968 IN BOOK 393 AT PAGE 510 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 19. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED April 06, 1995, IN BOOK 936 AT PAGE 541. 20. EASEMENT AND RIGHT OF WAY AS CONTAINED IN INSTRUMENT RECORDED APRIL 6, 1995 IN BOOK 936 AT PAGE 554. ***ENDORSEMENT 100.31*** THE COMPANY HEREBY INSURES THE INSURED AGAINST LOSS WHICH THE INSURED SHALL SUSTAIN BY REASON OF PHYSICAL, BUT NOT AESTHETIC, DAMAGE TO IMPROVEMENTS EXISTING ON THE LAND AT DATE OF POLICY OR CONSTRUCTED THEREON THEREAFTER RESULTING FROM THE EXERCISE SUBSEQUENT TO THE DATE OF POLICY OF ANY RIGHTS TO USE THE SURFACE OF THE LAND UNDER THE MINERAL INTEREST REFERRED TO IN EXCEPTION NO. n/a, OF SCHEDULE B ("THE MINERAL RIGHTS"), SUBJECT, HOWEVER, TO THE FOLLOWING TERMS AND CONDITIONS: 1. THE INSURED SHALL NOTIFY THE COMPANY PROMPTLY IN WRITING IN CASE KNOWLEDGE SHALL COME TO AN INSURED HEREUNDER OF ANY ACTUAL OR THREATENED EXERCISE OF THE MINERAL RIGHTS. 2. THE COMPANY SHALL HAVE THE RIGHT, AT ITS COST, TO TAKE ANY ACTION WHICH IN ITS OPINION MAY BE NECESSARY OR DESIRABLE IN ORDER FOR THE COMPANY TO AVOID OR MINIMIZE THE EXTENT OF ITS LIABILITY UNDER THIS ENDORSEMENT, INCLUDING, BUT NOT LIMITED TO ANY OR ALL OF THE FOLLOWING: (A) IN THE COMPANY'S OWN RIGHT, OR IN THE NAMEOF THE INSURED FOR THE COMPANY'S BENEFIT, TO INSTITUTE, PROSECUTE AND PURSUE TO FINAL DETERMINATION ANY PROCEEDINGS AT LAW OR IN EQUITY, OR BEFORE ANY MUNICIPAL, ADMINISTRATIVE, REGULATORY TRIBUNAL OR BOARD; (B) IN THE COMPANY'S OWN RIGHT, OR IN THE NAME OF THE INSURED FOR THE Page 3 Owner Form 402 Order . GW3537 alicy No. SV2148208 SCHEDULE B COMPANY'S BENEFIT, TO COMPEL THE GIVING OF SECURITY BOND OR UNDERTAKING BY THE PERSON OR PERSONS FROM WHOM THE INSURED IS ENTITLED BY LAW TO SUCH SECURITY, BOND OR UNDERTAKING, AND IN THE SAME AMOUNT OR AMOUNTS TO WHICH THE INSURED WOULD HAVE BEEN SO ENTITLED HAD THIS ENDORSEMENT NOT BEEN ISSUED; AND (C) TO RETAIN OR BE PAID OUT OF ANY SUCH SECURITY, BOND OR UNDERTAKING, OR OUT OF ANY COMPENSATION OR FUNDS RECOVERED BY THE COMPANY OR THE INSURED, SUCH AMOUNT AS WILL REIMBURSE THE COMPANY FOR ALL PAYMENTS MADE TO THE INSURED BY THE COMPANY BY REASON OF THE INSURANCE AFFORDED BY THIS ENDORSEMENT, TOGETHER WITH ALL COSTS AND EXPENSES INCURRED BY THE COMPANY IN CONNECTION THEREWITH, INCLUDING ATTORNEY'S FEES. 3. NO RIGHTS, BENEFITS OR DEFENSES ARE INTENDED TO OR SHALL BE DEEMED TO FLOW OR BE MADE AVAILABLE TO ANY PERSON OR ENTITY OTHER THAN THE INSURED BY REASON OF THE INSURANCE AFFORDED BY THIS ENDORSEMENT, AND THE INSURED AGREES THAT ALL OF THE INSURED'S RIGHTS AND REMEDIES AGAINST THIRD PARTIES RELATING TO THE SUBJECT MATTER OF THIS ENDORSEMENT SHALL BE DEEMED TO HAVE REMAINED INTACT, IN THE SAME MANNER AS IF THIS ENDORSEMENT HAD NOT BEEN ISSUED. Page 4 • LAND TITLE GUARANTEE COMPANY Dated June 07, 1995 Case GW3537-2 Policy SV2148208 ENDORSEMENT 110.3 Property Address GARFIELD COUNTY Buyer/Seller NORMAN E. CLASEN and LAURA B. CLASEN ITEMS 1-4 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED FROM THE OWNER'S TITLE POLICY. THIS ENDORSEMENT IS MADE A PART OF THE POLICY OR COMMITMENT AND IS SUBJECT TO ALL THE TERMS AND PROVISIONS THEREOF AND OF ANY PRIOR ENDORSEMENTS THERETO. EXCEPT TO THE EXTENT EXPRESSLY STATED, IT NEITHER MODIFIES ANY OF THE TERMS AND PROVISIONS OF THE POLICY OR COMMITMENT AND PRIOR ENDORSEMENTS, IF ANY, NOR DOES IT EXTEND THE EFFECTIVE DATE OF THE POLICY OR COMMITMENT AND PRIOR ENDORSEMENTS OR INCREASE THE FACE AMOUNT THEREOF. Countersigned Authorized Officer or Agent 476357 B-936 P-541 04/06/95 03:56P PG 1 OF 9 ITEC DOC NOT MILDRED AI.SDt7RF GARFIELD MINTY CLERK AND RECORDER 45.00 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO:. Michael I. Herron Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, CO 81611 •1 , DECLARATION OF RESTRICTIONS This Declaration of Restrictions ("Declaration") made this 315"day of March, 1995 by David W. Mayes and Maxine J. Mayes ("Mayes"), Norm Clasen and Laura Clasen ("Clasen") and Spring Creek Land Company, LLC, a Colorado limited liability company ("Spring Creek") for the use and benefit of the persons and/or entities hereinafter described. RECITALS A. Mayes is the owner of that certain real property located in Garfield County, Colorado (the "Property") which Property has been divided into four (4) parcels and as divided is legally described on Exhibit A. "B", "C", and "D" attached hereto and made a part hereof. Each parcel is designated therein as Parcel No. 1 through 4 and shall be referred (0 as such in this Agreement. B. Mayes is contemporaneously conveying Parcel No. 1 to Clasen and Parcel No. 2 to Spring Creek. C. The contracts between the parties call for Parcels No. 3 and 4 to be restricted as hereinafter provided in this Agreement. Gl •*� NOW, THEREFORE, in consideration of the sum Ten Dollars and no/100 (S10.00) `'ti and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged together with the covenants herein contained it is agreed as follows: 1. Recitations. The above recitations are true and correct. • • 476357 B-936 P-542 04/06/95 03:56P PG 2 OF 9 2. Restriction. Parcel No. 3 and Parcel No. 4 shall be forthwith restricted to provide that they shall not be subdivided into more than 6 homesites on each Parcel. A homesite is defined herein as a portion of real property upon which one (I) single family home can be located. It being intended that there be no more than six (6) single family homes located on Parcel No. 3, and no more than six (6) homesites LO be located on Parcel No. 4. 3. Duration of Restriction. The restriction created in Paragraph 2 above shall, except as hereinafter provided, remain in full force and effect until such time as an agreement releasing the restriction is executed and recorded in the real estate records of Garfield, County, Colorado executed by Clasen and Spring Creek or their successors in interest to Parcels No. 1 and No. 2. The restriction as applicable to Parcel No. 3 shall automatically be released at such time as Spring Creek or its successor or assigns acquires title to Parcel No. 3 pursuant to an option being contemporaneously entered into between Spring Creek and Maves, (the "Option"). Parcel No. 4 can be released from the within restrictions by Maves or their successor in interest to Parcel No. 4, if they execute and record a document in the real estate records for Garfield County, Colorado releasing Parcel No. 1, Parcel No. 2 and Parcel No. 3 if the Option is exercised, from the provisions of that certain road way and utility easement being contemporaneously entered into between Maves, Clasen and Spring Creek. If, the Option is not exercised in accordance with its terms by Spring Creek, Parcel No. 3 can be released from the within restrictions on the same basis as that contained in the preceding sentence. 4. Effect. The restriction herein contained shall be deemed a covenant running with the land binding on the parties hereto, their successors and assigns, burdening Parcel No. 3 and Parcel No. 4 and benefiting Parcel No. 1 and Parcel No. 2. If the Option is exercised the restrictions herein contained shall be deemed a covenant running with the land binding on the parties hereto, their successors and assigns, burdening Parcel No. 4 and benefiting Parcel No. I, Parcel No. 2 and Parcel No. 3. S. ,Amendment. No provision or term of this Agreement may be amended, modified, revoked, supplemented, waived or otherwise changed accept by a written instrument duly executed by Maves, Spring Creek and Clasen, or their successors in interest to any of the Parcels. 6. Enforcement. If any provision of this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be impaired hereby. 7. Attorneys Fees. Should any party to this Agreement be required to institute any legal proceedings to enforce any provision herein contained, the successful party in • • 76357 B-936 P-543 04/06/95 03:56P PG 3 OF 9 such proceeding shall be entitled to recover the reasonable attorneys fees and Court costs. 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF the parties have executed this Agreement. STATE OF COLORADO ) ) ss. COUNTY OF 6A.41E-+-0 ) The foregoing Declaration of Re day of March, 1995 by David W. Mav td W. ave ‘"` ' %�``' ' Maxine i. Mave Norm Clasen Laura Clasen Spring Creek Land Company, LLC, a Colorado limited liability company By:G�'r Witness my hand and official seal. My commission expires: 42.3/5 s 57 edged before me this 2, f 1 Notary P • 476357 B-936 P-544 04/06/95 03:56P PG a OF 9 STATE OF COLORADO ) ) ss. COUNTY OF IC,,Cit2FICP ) The foregoing Declaration of Restrictio - �... nowiedged before me this -, - day of March, 1995 by Maxine T. Maves, 4 .- ' e:L; li rr' 'VEIN. € fl 02A3C `►- /+S • F ► C r. fp Witness my hand and offic'al seal, IL��gQCr My commission expires:5' Lf + IA 4,, •!, STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing Declaration of Restrictions was acknowledged before me this day of March, 1995 by Norm Clasen. VJit+•'x 'tt{d� official seal. M ; cs iimission s: ?)G (ELIZABETH J.'I l ,L /11, v AXTHELM,•' i Notary P4b1ic'l )F COV Q STATE OF COLORADO ) ) ss. COUNTY OFG^21 i ) The foregoing Declaration of Restrictions was acknowledged before me this /' day of March. 1995 by Laura Clasen. rxrs:slx W".= Sy.I, nd official seat. ' mmissiot res:Ifray3 /ELIZABETH J.i -/� t.fr nxrNEr L4 ! Notary Pu.lic Jr COLv_ - ,-376357 B-936 P-545 04/06/95 03:56P PG 5 OF 9 STATE OF COLORADO ) ) ss. ) COUNTY OF sT The foregoing Declaration of Restrictions was acknowledged before me this day of March, 1995 by Spring Creek Land Company, LLC, a Colorado limited liability company by 01 as fltitiEtc Witness my hand and official seal. My commission expires: ,7);/ 07 Y PupNotary Ptib c ff' c-, (ELIZABETH J.i 1 AXTHELM C.1M HlSP • • 476357 B-936 P-546 04/06/95 03:56F FG 6 OF 9 EXHIBIT A TRACT 1 A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTIO:: 1, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN AND THE NORTHWEST QUARTER OF SECTIO`: 6, TOWNSHIP 6, SOUTH RANGE 51 WEST OF THE 6TH PRINCIPAL MERIDIAN SAID TRACT BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER IN BOON 633 AT PAGE 386 AS RECEPTION NO. 435454 AND BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE NORTHEAST CORNER OF SAIL SECTION 1 BEARS N. 00 DEGREES 20' 54" W. 1097.99 FEET AND S. 88 DEGREES 48' 34" W. 195.15 FEET; THENCE 5. 0 DEGREES 20' 54" E. 1072.26 FEET TO A POINT IN THE NORTHERLY RIGHT OF WAY OF COUNTY ROAD NO. 214; THENCE ALONG SAID RIGHT or WAY S. 78 DEGREES 11' 46" W. 1536.16 FEET TO A POINT IN AN EXISTING FENCE; THENCE ALONG SAID FENCE N. 0 DEGREES 08' 26" W. 1130.43 FEET; THENCE N. 82 DEGREES 37' 17" E. 69.04 FEET; THENCE DEPARTING SAID FENCE N. 80 DEGREES 11' 56" E. 1454.65 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO =ate • • 476357 8-,936 P-547 04/06/95 03:56P PG 7 OF 9 EXHIBIT "8" TRACT 2 A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN AND THE NORTHWEST QUARTER OF SECTION E, TOWNSHIP 6, SOUTH RANGE 91 WEST OF THE 6TH PRINCIPAL MERIDIAN SAID TRACT BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER IN BOOK 833 AT PAGE 386 AS RECEPTION NO. 435454 AND BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS, BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 6; THENCE ALONG THE NORTH LINE OF SAID SECTION 6, NORTH 88 DEGREES 48' 34" EAST 195.15 FEET; THENCE SOUTH 0 DEGREES 20' 54" EAST 1097.99 FEET; THENCE SOUTH 80 DEGREES 11' 56" WEST 1454.65 FEET TO A POINT IN AN EXISTING FENCE; THENCE ALONG SAID FENCE NORTH 1 DEGREES 20' 47' EAST 1334.04 TO A POINT ON THE NORTH LINE OF SAID SECTION 1; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 44' 13" EAST 339.63 FEET TO THE SOUTH QUARTER CORNER OF SECTION 33, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE ALONG THE NORTH LINE OF SAID SECTION 1 NORTH 89 DEGREES 34' 50" EAST 860.68 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO =n= • • 476357 B-936 P-548 04/06/95 03:56P PG 8 OF 9 EXHIBIT C TRACT 3 A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH PRINCIPAL MERIDIAN SAID TRACT BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER IN BOOK 833 AT PAGE 386 AS RECEPTION NO. 435454 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 6 FROM WHENCE THE NORTHWEST CORNER OF SAID SECTION 6 BEARS SOUTH 88 DEGREES 48' 34" WEST 195.15 FEET; THENCE ALONG SAID NORTH LINE NORTH 88 DEGREES 48' 34" EAST 1572.15 FEET TO THE SOUTHEAST CORNER OF SECTION 33, TOWNSHIP 5 SOUTH, RANGE 91 WEST; THENCE SOUTH 20 DEGREES 18' 00" EAST 748.11 FEET; THENCE NORTH 75 DEGREES 12' 59" WEST 792.08 FEET; THENCE SOUTH 03 DEGREES 51' 34" WEST 992.62 FEET TO A POINT IN AN EXISTING FENCE LINE; THENCE SOUTH 89 DEGREES 55' 25" WEST 989.82 FEET; THENCE NORTH 0 DEGREES 20' 54" WEST 1458.57 FEET, TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO --a • • • 476357 B-936 P-549 04/06/95 03:56P PG 9 OF 9 EXHIBIT "0" LEGAL DESCRIPTION TRACT 4 A tra. of land situated in the Northwest Quarter of Section 6, Township 6 South, Rats,* 41 W Ent of the Ent P.M. said tract being a portior. Of that tract of land described in the Office oldie Gxr6eld Count Clark and Recorder in Book 833 at Page 386 ss 'Reception No 435454 and being more panicuiarly described ea follows $a'�a a: the North Quarter Corner of said Section 6, thence S 0° .2' 58` E 966.50 feet, throne N ST" 52 W along; the boundary or that parcel o: land described in the Offioe of the Garfield County Clerk Arid Recorder in Rook 823 at Pa`ta 152 166.17 fear, thane airing ad boundary lint S SS° 50' 4R" W 204.40 feet, thence S 14` 35' 52— 216.39 fret. thence S 47° 03' 10" W 13977 feet; thcatcc S 19` 3703" W 127.23 feet;then= S 10' S0` 28` E 183.22 feet,, thence S 1 1 ° 26' 42° E 281.78 font;-thenoe S 324 22' 55" W 119.05 feel to a point on the South bank of the Rnsernen (Tompkins) Ditch; t enoc along seta South Bank N73° 19' 06' W 267.66 Ccent thence S 65° 44' 28" W 364 12 fret, thence S 47° 20' 28" W 46 99 fare to the Plat licit ofthar parocl described in Book 441 at Page 90 an eicisting fence line. thence along boundary and inn," line N 0° 59' 47" W 480.32 foot; thence S S9' 55 25' W 312.57 fee:. thence defier tin44 said fence lint: N 3° 51' 34" E 992.62 feet; thence S 75° 12' 59' E 792.08 feat; thence N 20° 1S' 00"0. 748.11 feet to the Sot:thcasi Corner of Section 3 TSS. R9 INV of me nth P M their= 5 8.8° 48" 05" is 849.20 feet; to the POFIvi' OF BEG I NiNc.. J. described trace containing 38 IC:. acres. more or kiss • • LEGAL ACCESS INFORMATION Quit Claim Deed 6.24 476352 B-936 P-524 04/06/95 03:4SP PO 1 or 2 REC DOC NOT MILDRED ALSD3RF GMtFtELD CO 1Y CLERK AND RECORDER 10.00 32.00 v` to THIS DEED , wade this day of March 31, 1995 between LAVED W. HAVES and MAXINE J. NAVES of the Count, of Cotorsdc, of Thr first part, and NORMAN E. Q.ASE2 &rid LAURA E. CxASEN and state or F'CI..I73 sTAKP State Documentary Fee Date $ whoa, legal address its I .e • fiJ 11St1 1:1)A5,41, Of the County of C-4 Cr St and State of Colorado, of the second part. WITNESSETH, ?hat the sato party of the f lrst part, for aria in consideration of the sum of t***$320, 000.00 THREE KINDRED WEND TM0l1SAMD DOLLARS MG O01100TNS t0 the said party of the first part in nano paid by Thr said party of the second part. the receipt nnerool es hereby acknowledged and confessed, has bargained, granted. Sold and carweyed, and by these presents does grant, bargain, sett, convey and confirm, unto•the said party of the second part, his heirs and assigns forever, all the following described lot or parcel *1 land. Slluafe, lying and being In the County of GThR.FIELiD and State Of Cnl.ora09, 10 Wit: SE1? =EMIT 1"A'f ATTACHED HERETO AND MADE A PART HEREOF: ileo known as street milder GARFTELD C MECY TOGETHER with all and singular and hereditaments and appurtenances thereto belonging. or in anywise appertaining, and the reversion and reverStons, remainder and remainders, rents, 155.1,1,4 and profits thereof; and alt the estate. regret, title Inleres.t, claim and demand whatsoever ol the sold party of the first part, either in law or eduily,of, In and to Inc *Dewe bargained premises. with the hered!tame1t0 and appurtenandat. 00 W00E AND TO NOLO tee said premi0e4 above bargained and described, %lte she appurtenances, unto the Bald party01 the &,[cyto part. his heirs and assigns forever. aryl the said party dt the first part, tor htwOel1, his heirs. e.eoutorn, and atiminiStratoro, does Covenant, grant, bargain, and agree 10 and with the Said party of the Second part. nil nibs ane assigns, that at the time 9f the tnsealing and delivery of [hese presents, he is well seised of the premises arc conveyed, as of good. sure. partook, aosoture and Indefeasible estaie of lrnerltance, in law, in fee simple. and has 9000 right, full power and lawful authority to grant, bargain, sell and convey the same in manner and }arm as atoresaed, and that the wind, are tree and Clear from ail former APO other grants, bargains, sates, liens, tares, assessments and enCtROrances or whatever kind or nature spryer',; DICER? GENERAL TAXES AND ASSESSMENTS FOR IME TEAR 1995 Aw0 S00SE4uEMt TEARS, AND SUBJECT TO EASE/de/S. RESERVA!lO05, RESTRICTIONS, COVENAMIS *NO R1OMTS OF WET OF RECORD, IF Ally; dM the aboved bargained premises in the quiet and peaceable possession of said party of the second part, P.M. heirs and a0slg1S against all and every person Cr persons lawfully afalmlng or to claim the Mole or any part thereat, the said party ol the first part Shall and wilt V*RRANT ANO FCAEVER DEFEND. The alngutar number shall lnelode the ptur*i, the plural the singular, and INC use of any gender Shallbe applicable to ail genders. IN Wt INE55 WHEREOF, the Said party of the first part has harainto set his hand and seat the day and year first above written, 5 ITE OI COLCR,l^�G County rel GARFIELD > SS. e rf ATTORNEY- -Flly.. f a. 1 as (SEAL) f SEAL) (SEAL) Th, foregoing Instrument was ateowleOged ore me on this day pi March 3 1, 199 5 n , by IIAVID W. NAVES, IND ea f: -w" My coamission expires Hay 23 f 2118 °•,' w,tness my Hard and official se.. !ELIZABETH J, y I AXTHELM • Q Ike -FACE FIR MAXIN E J. NAVES Salary Rubl1. Form 1.15 WARRAN1I DEED - for Photograph is Record c43537.3537 GW3537 f11%co: 4- 14-,77-"-r'-:' . 14_,77 _.-tti To IN. i 5.1 4�vr ii j- (''/4 3 • 1 476253 B-936 P-526 03/06/95 03:49P 1G 1 OF 1 MILDRED ALSDORF GARFIELD mum' CIFRE AND REM' REC DCC NOT 5.00 QUIT CLAIM DEED THIS DEED , Wade this day of between DAVID W. MAVES and MAXINE J. MAVES 01 the County of and State of Catwalk, al the 'ir51 part, and NORMAN E. CTASEN and LAURA E. CLASEN RHCCRDER r S STAMP whose legal address is Pp./5_ i�� r`�''a �` CLI 9J `� of the County of l_71'4 and State of Colorado, of the second part, WITNESSETH, That the said party et the 'fret part, for and in consideration of the sun of $10.0° TEN DOLLARS to the Said parties) of the first part In hand paid by the Raid partliesj of the second part, the receipt wriereoi 1# here' by confessed and acknowleCge0. has remised, released, sold conveyed and PUTT CLAIMED,. and by These presents Cotes] reial Se, release, sell, Canvey and MIT CLAIM unto the said portliest of the second part, (their) heirs., Successors and assigns, forever, 1111 rho right, title, rnleresl, Claim and demand which is said partliesl of the first par/ hats) on and is the following described lot or parcel of lard situate, lying art being in the Comity dl GARFIFLD and State of Colorado, to soft: 22 SHIRES OF THE ROSMAN DITCH, 2 EXISTING %JELLS, PERMIT NUMBER 175363 6 176514. 3 SPRINGS NAMED NAVES Pi, HAVES 172, NAVES 83. also known as street and weber OARFIFID COUNTY TO HAVE AND TO MOLD The same, together with all and singular the appurtenances and privilege# [hereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim what#oever, of the Salo pOrillesl of the first part., either in law or equity, to the only proper use, benefit and behoof of the said partfiesl of the mond part, (their) heirs and assigns forever. tN WITNESS 01EREOF, the said par!(lea) of the fi.rsl part hats) hereunto set their hard are seal the day and year first above written. Signed, Seaied and Delivered in the Presence of ,dy STATE Or COLORADO 101411y or i .�.C.t."'v_.7 s+ (HALT 4,64:4 Z ,..? ---e-71 y/,,Z (SEAL , NE J. HAV,B4 DAVID" W. MAVES, ATTORNEY- IN-FACT The foregoing instnaaent was acknowledged before or thisday of DAVID W. MAVES, INDIVIDUALLY AND AS ATTORNY-IN-FACT FOR MAXINE J. NAVES My commission expires LAND TITLE GUARANTEE COMP 3033 EAST FIRST AVE. 0600 DENVER, COLORADO 80206 q�Z %CI T (ELIZABETH J.'' AXTIELIM �Fc fi' ,14�/ice .Lioness we hand and ollirial seal. Notary P MALI COMPUTER QUIT CLAIM DEED Escrow a GW 3537 Titles GW3537. 144.AIAJ + � • • 476352 8-936 P-525 04/06/95 03:4E8P IG 2 OF 2 EXHIBIT A A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 92. WEST OF THE 6TH PRINCIPAL MERIDIAN AND THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 6. SOUTH RANGE 91 WEST OF THE 6TH PRINCIPAL MERIDIAN SAID TRACT BEING A FORTION. OF THAT TRACT OF LAND DESCRIBED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER IN BOOK 833 AT PAGE 386 AS RECEPTION NO. 435454 AND BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE NORTHEAST CORNER OF SAID SECTION 1 BEARS N. 00 DEGREES 20' 54" W. 1097.99 FEET AND S. 88 DEGREES 48' 34" W. 195.15 FEET; THENCE S. 0 DEGREES 20' 54" E. 1072.28 FEET TO A POINT IN THE NORTHERLY RIGHT OF WAY OF COUNTY ROAD NO. 214; THENCE ALONG SAID RIGHT OF WAY S. 78 DEGREES 11' 46" W. 1538.16 FEET TO A POINT IN AN EXISTING FENCE; THENCE ALONG SAID FENCE N. 0 DEGREES 08' 26" W. 1130.43 FEET; THENCE N. 82 DEGREES 37' 17" E. 69.04 FEET; THENCE DEPARTING SAID FENCE N. 80 DEGREES 11' 56" E. 1454.65 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO r CEDAR HILLS RANCH Preliminary Plat Submittal Leavenworth & Associates, P.C. Attorneys for Norm Clasen and Spring Creek Land Company LOYAL E. LEAVENWORTH CAROLYN M. STRAUTMAN CYNTHIA C. TESTER LEAVENWORTH & ASSOCIATES, P.C. ATTORNEYS AT LAW November 17, 1995 Mr. Eric McCafferty Garfield County Building and Planning 109 Eighth Street Glenwood Springs, CO 81601 1011 GRAND AVENUE PO. DRAWER 2030 c LENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945.2281 FAX: (970) 945-7336 Re: Cedar Hills Ranch Subdivision: Preliminary Plat Submittal Dear Eric: We represent Norm Clasen and the Spring Creek Land Company. This letter is in response to actions taken by the County on November 13, 1995, concerning Cedar Hills Ranch Subdivision. This letter will address staff comments and recommendations in regard to the Subdivision, as well as outline other pertinent issues pertaining to the Cedar Hills Ranch project. 1. Background. A sketch plan application was submitted on behalf of Cedar Hills Ranch Subdivision to County staff in March 1995, and was reviewed and approved by the Planning Commission at the April 12, 1995, meeting. Subsequently, the preliminary plan, as presented to staff for the Planning Commission hearing, was adjusted several times in efforts to meet the concerns raised by County Planning and Zoning personnel. After submitting additional material per the request of the County, staff recommended that the plan be sent back to the Planning and Zoning Commission. Upon such recommendation to the Board of County Commissioners, the applicant has withdrawn his initial preliminary plan and is submitting a new and more detailed preliminary plan for review by the County. 2. Cedar Hills Ranch Subdivision Irrigation System and Water Supply. At final plat for Phase I, Cedar Hills Ranch Homeowners Association shall have conveyed to it by the developer the irrigation water rights he acquired with the property, namely 22 shares of the Roseman Ditch, which rights shall be held by the Association for use by Subdivision lot owners. Six lots on the Subdivision will receive such irrigation rights, and the irrigation water available to each lot will be determined by a rotation schedule as set forth in the covenants. The Roseman Ditch is an unincorporated ditch which is an extension of the Thompkins Ditch. The Thompkins Ditch has numerous adjudications which total 21 c. f. s. Division of Water Resources diversion records for the Thompkins Ditch indicate that the water is available to the property through approximately mid-August in an average year. Obviously, in dry years, water is curtailed earlier and, in extremely wet years, such as last summer, water is available longer. See attached diversion records and decree information. Moreover, the amount of water available pursuant Cf FTIFSIMCCAFFEA, ILT LEAVENWORTH & ASSOCIATES, P.C. Mr. Eric McCafferty Page 2 November 17, 1995 to the 22 shares that are appurtenant to the property are more than adequate to irrigate the existing irrigated land. See attached map prepared by Tom Za.ncanella showing historic irrigation acreage. Water will be taken from the ditch at the existing take outs located on Lots 15 and 20, and to irrigate Lots 16, 18, 19, 20, and 1. A new takeout will be established on Lot 3 to irrigate those portions of Lot 3 and the open space tot (Lot 2). Only one takeout will be used at a time. The amount of irrigated acreage will remain the same. Water will be provided to 17 of the 20 lots planned for the subdivision from two wells on the property, known as Cedar Hills Well No. 3 and Cedar Hills Well No. 4. Well No. 3 has been constructed and Well No. 4 will be constructed as part of the Phase II public improvements. The three remaining lots will receive a supply of water from two wells historically located on the property. Two of these lots, Lots 19 and 20, shall share a well as set forth in the attached Well Sharing Agreement. The remaining lot, Lot 1, shall be served solely by the remaining well. Any of these three lots may opt to connect to the Subdivision's central water system at their expense at any time. In order to make up for any depletions that the wells on the subdivision Iand might cause, contract water from the West Divide Water Conservancy District will be used as an augmentation source for any such depletions. 3. Restrictive Covenants. In response to recent County concerns, comments, and suggestions in regard to the Cedar Hills Ranch Subdivision, the following issues have been thoroughly addressed in the subdivision's proposed Restrictive Covenants (copy attached): a. The placement of all proposed utilities, including natural gas lines, telephone lines, electric lines, and water lines, shall be underground. Revegetation of all cut slopes created during construction shall be completed in accordance with a submitted revegetation plan. c. Establishment of procedures for the maintenance of all roadways and bridges, including snow removal, by the Homeowners Association. d. Payment of school impact fees to the County of $200 shall be paid prior to recordation of final plat for each phase. e. Recommendation of the Colorado State Forester and USFS Wildlife Prevention Guidelines in regard to the construction of all structures shall be followed. f. Preparation and submission of a soils and foundation report, an ISDS design, and a grading and drainage plan prepared and certified by a professional engineer. C:IFTLEFSIMCCAFFEA.1 LT LEAVENWORTH & ASSOCIATES, P.C. Mr. Enc McCafferty Page 3 November 17, 1995 g. Notification that certain lots will require additional pumps to increase residential water pressure. h. Indication that the Homeowners Association can enforce covenants, maintain roads, maintain the water system (including certain ponds within the subdivision), and that the Homeowners Association will be responsible for operation, maintenance, repair, and replacement of all roads within the subdivision. i. Indication that there will be no resubdivision of the lots within the Cedar Hills Ranch Subdivision. j. The number of dogs permitted per lot shall be limited to one. k. Adequate woodstove restrictions shall be set forth. 1. Indication that Homeowners Association assessments will be split into two distinct categories: general assessments and water -related assessments. 4. Articles and Bylaws. At the direction of the County Attorney, we are not enclosing proposed Articles and Bylaws for the Homeowners Association given the standardized nature of such documents. Rather, at his request, they will be drafted and submitted for his review prior to the final plat. They will include, at a minimum, the obligation and power to enforce the covenants, operate and maintain the water system and roads, provide for assessments for general purposes, and for the water system, together with the right to lien for nonpayment, etc. 5. Emergency Fire Access. In our recent meeting, you indicated that the emergency access issue needed to be reviewed and approved by the Fire District. Attached to Tom Zancanella's report is a letter from the Fire Chief of the Burning Mountain Fire District indicating his approval of the proposed fire system. He was also shown the location of the emergency access prior to writing the letter and, therefore, has approved it as well. 6. Road Impacts. High Country Engineering will, as part of its preliminary plat submittal, include a traffic analysis regarding the affected County roads which demonstrates that they are built at an adequate standard to carry the additional traffic that will be generated by the Cedar Hills Subdivision. The traffic studies submitted do indicate that there are several locations where, due to culverts, the road is narrow in width. To assist the County with such off-site impacts, this developer is willing to pay the County to correct one of these locations. We have been advised that the estimated cost is $3,500 to $4,000. The developer will contribute the money to the County at the time of Phase I final plat approval based upon a bid obtained at that CAF1LES1MCCAFFEA.1 LT LEAVENWORTH & ASSOCIATES, RC. Mr. Eric McCafferty Page 4 November 17, 1995 time. We believe that it would be inequitable to force this developer to alleviate all of the locations, since other developers will undoubtedly come in in the future who should rightfully pay an appropriate share as well. 7. Proposal Regarding Well Testing. As set forth in Tom Zancanella's report dated July 26, 1995, at page 2, the developer will agree that if the water level in Well No. 3 drops to a depth greater than 75 feet below ground level, the developer will conduct an additional pump test, of a minimum of 24 hours, to further demonstrate the yield of the well is at least 8 g.p.m. or more as recommended by Tom Zancanella. We will agree to undertake such a test even after preliminary plat approval if the water level drops below 75 feet. In the event the water level drops to a depth greater than 75 feet below ground level after preliminary plat approval and before final plat approval, and the long term pump test indicates a yield of less than 8 g.p.m., we will agree that we will be required to submit an amended preliminary plat submittal regarding the water supply for the Subdivision. We will further agree between preliminary plat approval and final plat approval that we will test the water level at least once a month and provide that data to the County to ensure that we are in compliance with our proposal. 8. Ditch Crossing. In our meeting, you asked us to address the internal road and the emergency access road and their impact on existing ditch easements. Please find enclosed an opinion letter addressing this issue. I hope that the preceding information is helpful in clarifying certain issues which I know have been of some concern to the County in the past. I believe you will find Mr. Clasen's submittal to be very comprehensive in scope. If you have any further comments, questions, or concerns in regard to this submittal, please contact me directly. Very truly yours, LEAVENWORTH & ASSOCIATES, P.C. Loyal LEL: rin Enclosures C.IHIESU CCAFFEA.ILT venwo INDEX TO EXHIBITS 1. Diversion Records of Roseman Ditch/Thompkins Ditch. 2. Decree Information. 3. Map - Historic Irrigated Acreage. 4. Well Sharing Agreement. 5. Restrictive Covenants. 6. Opinion Letter. F:1FSI.ES\CLASEN.3IN November 17. 1995 DIVISION OF WATER RESOURCES DIVISION 5 DISTRICT 39 STRUCTURE NAME STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION SUMMARY IRRIGATION YEAR: 1994 (11/01/1993 - 10/31/1994) FIRST FIRST LAST DAYS WATER TOTAL ACRE -FT ACRES IDENT PAGE DAY USED DAY USED CARRIED DIVERTED IRRIGATED STCDDARD DITCH 667 174 04/21/1994 10/31/1994 194 78 20 STONE WELL 5283 31i Includes Annual Records STORM KING MOUNTAINSPG 5331 33i 1 0 Includes Annual Records 1 0 Comment: BCM SPRING STREIT BOTTOM DITCH 669 n/a Note : WATER AVAILABLE -NONE TAKEN SUMMERS SPG & STK W POND 5284 n/a Note : NO INFORMATION AVAILABLE SUPPLY DITCH 670 n/a Note : TAKEN IN ANOTHER STRUCTURE Comment: SEE DAVENPORT DITCH(1D#546) IN UNION OIL AUG PLAN SUPRISE SPRING & DITCH 671 175 04/28/1994 05/11/1994 14 TALBOTT WELL NO 1 5285 n/a Note : NO INFORMATION AVAILABLE 12 19 TALBOTT WELL NO 2 5286 n/a Note : ND INFORMATION AVAILABLE TALBOTT WELL NO 3 5287 n/a Note : NO INFORMATION AVAILABLE TEMPLE WELL 5022 14i Includes Arcual Records 1 0 TERRELL WELL 5290 31i Includes Annual Records THCOE WASTE WATER DITCH 678 182 05/06/1994 07/14/1994 1 0 70 101 30 THOMAS DITCH 983 n/a Note : WATER AVAILABLE -NONE TAKEN THOMAS RESERVOIR 3954 n/a Note : WATER AVAILABLE -NONE TAKEN THOMAS WELL 5291 n/a Note : STRUCTURE NOT USABLE THOMAS WELL NO 122028-A 5581 n/a Note : STRUCTURE NOT USABLE THOMPKINS DITCH 672 176 04/15/1994 10/31/1994 200 Comment: ASKA ROSEMAN DITCH 4846 550 THCMPSON DITCH 675 180 05/11/1994 10/31/1994 174 THOMPSON SPRING AND PUMP 5292 n/a Note : NO INFORMATION AVAILABLE 168 15 THURLOW SPRING NO 1 985 n/a Note : NO INFORMATION AVAILABLE Page numbers appended with an "i" refer to an "Infrequent" report. REPORT DATE: 1/30/1995 Water Commissioner: Page 34 1 1 1 1 1 1 1 DIVISION OF WATER RESOURCES DIVISION 5 DISTRICT 39 STRUCTURE NAME: THCMPKINS DITCH SOURCE STREAM : MAIN ELK CREEK DAY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION REPORT IRRIGATION YEAR: 1994 (11/01/1993 - 10/31/1994) ( 672) SOURCE: NATURAL STREAMFLOW (1) ( 12) FROM : USE : IRRIGATION (1) TYPE : DEC JAN FEE MAR APR MAY JUFR Jilt AUG SEP OCT 10.000' 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 18.600* 18,600 18.600 18.600 18.600 18.600 18.600 18.600 18.600 18.600 18.600 18.600 18.600 21.000* 21.000 21.000 21.000 21..000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 2.1.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000' 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 18.300* 18.300 18,300 18.300 18.300 18.300 18.300 18.300 18.300 18.300 18.300 18.300 9.120* 9.120 9.120 9.120 9.120 9.120 9.120 9.120 9.120 9.120 9.120 8.000* 8.000 8.000 8.000 8.000 8.000 8.000 8.000 0.800* 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 7.910* 7.910 7.910 7.910 7.910 7.910 7.910 7.910 0.800* 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 5.000* 5.000 5.000 5.000 8.310* 8.310 8.310 8.310 8.310 8.310 8.310 8.310 8.310 8.310 8.310 8.310 8.310 8.310 8.310 15.600' 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 TOTAL SFD 0.00 0.00 0.00 0.00 0.00 185.80 627.00 630.00 409.92 96.08 63.33 396.12 DAYS USED 0 0 0 0 0 16 31 30 31 31 30 31 AVG SFO 0.00 0.00 0.00 0.00 0.00 11.61 20.23 21.00 13.22 3.10 2.11 12.78 TOTAL AF 0.00 0.00 0.00 0.00 0.00 368.53 1243.65 1249.61 813.08 190.57 125.62 785.70 ANNUAL TOTAL SFD 2408.25 SFD TOTAL DAYS USED 200.1 DAYS ANNUAL TOTAL ACRE FEET : 4776.76 AF REPORT DATE: 1/30/1995 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 • indicates Observed data, U Indicates User supplied data. All other data is interpreted from previous observed value. WATER CCFWISSIONER Page 176 DIVISION OF WATER RESOURCES DIVISION 5 DISTRICT 39 STRUCTURE NAME: THCMPKINS DITCH SOURCE STREAM : MAIN ELK CREEK DAY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION REPORT IRRIGATION YEAR: 1994 (11/01/1993 - 10/31/1994) ( 672) SOURCE_ NATURAL STREAMFLOW (1) ( 12) FROM : GREEN MOUNTAIN RES (4900) USE : IRRIGATION (1) TYPE : EXCHANGE (1) NOV DEC JAN FES MAR APR MAY JUN JUL AUG SEPOCT 2 3 4 5 6 7 8 9 10 11 12 13 14 9.180* 15 9.180 16 9.180 17 1.880* 18 1.880 19 1.880 20 1.880 21 0.000* 22 TOTAL SFD 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 35.06 0.00 0.00 0.00 DAYS USED 0 0 0 0 0 0 0 0 7 0 0 0 AVG SFD 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5.01 0.00 0.00 0.00 TOTAL AF 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 69.54 0.00 0.00 0.00 ANNUAL TOTAL SFO 35.06 SFD TOTAL DAYS USED . 7.00 DAYS ANNUAL TOTAL ACRE FEET : 69.54 AF 23 24 25 26 27 28 29 30 31 • Indicated Observed data, U Indicates User supplied data. All other data is interpreted from previous observed value. WATER COMMISSIONER REPORT DATE: 1/30/1995 Page 177 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DIVISION OF WATER RESOURCES DIVISION 5 DISTRICT 39 STRUCTURE NAME: THOMPKINS DITCH SOURCE STREAM : MAIN ELK CREEK DAY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ( 672) ( 12) STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION REPORT IRRIGATION YEAR: 1994 (11/01/1993 - 10/31/1994) +++ TOTAL WATER THROUGH STRUCTURE +++ NOV DEC JAN FE8 MAR APR MAY JUN JUL AUG SEP OCT 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 18.600 18.600 18.600 18.600 18.600 18.600 18.600 18.600 18.600 18.600 18.600 18.600 18.600 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 21.000 18.300 18.300 18.300 18.300 18.300 18.300 18.300 18.300 18.300 18.300 18.300 18.300 18.300 18.300 18.300 11.000 11.000 11.000 11.000 9.120 9.120 9.120 9.120 8.000 8.000 8.000 8.000 8.000 8.000 8.000 8.000 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 7.910 7.910 7.910 7.910 7.910 7.910 7.910 7.910 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 0.800 5.000 5.000 5.000 5.000 8.310 8.310 8.310 8.310 8.310 8.310 8.310 8.310 8.310. 8.310 8.310 8.310 8.310 8.310 8.310 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 15.600 TOTAL SFD 0.00 0.00 0.00 0.00 0.00 185.80 627.00 630.00 444.98 96.08 63.33 396.12 DAYS USED 0 0 0 0 0 16 31 30 31 31 30 31 AVG SFD 0.00 0.00 0.00 0.00 0.00 11.61 20.23 21.00 14.35 3.10 2.11 12.78 TOTAL AF 0.00 0.00 0.00 0.00 0.00 368.53 1243.65 1249.61 882.62 190.57 125.62 785.70 ANNUAL TOTAL SFD 2443.31 SFD TOTAL DAYS USED 200.00 DAYS ANNUAL TOTAL ACRE 'FEET : 4846.31 AF REPORT DATE: 1/30/1995 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 • indicates Cbserved data, U Indicates User soot ied data. AIL other data is interpreted from previou observes vaiue. WATER COMMISSIONER 7V4 Page 178 DIVISION OF WATER RESOURCES DIVISION 5 DISTRICT 39 STRUCTURE NAME STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION SUMMARY IRRIGATION YEAR: 1993 (11/01/1992 - 10/31/1993) FIRST FIRST LAST DAYS WATER TOTAL ACRE -FT ACRES IDENT PAGE DAY USED DAY USED CARRIED DIVERTED IRRIGATED SUMMERS SPG & STK W POND 5284 n/a Note : NO INFORMATION AVAILABLE SUPPLY DITCH 670 n/a Comment: SEE DAVENPORT DITCH(101546) IN UNION OIL AUG PLAN SUPRISE SPRING & DITCH 671 177 05/10/1993 05/24/1993 15 15 19 TALBOTT WELL NO 1 5285 n/a Note : N0 INFORMATION AVAILABLE TALBOTT WELL NO 2 5286 n/a Note : NO INFORMATION AVAILABLE TALBOTT WELL NO 3 5287 n/a Nate : NO INFORMATION AVAILABLE TEMPLE WELL 5022 131 Includes Annual Records 1 0 TERRELL WELL 5290 291 Includes Annual Records I 0 THODE WASTE WATER DITCH 678 183 05/06/1993 10/31/1993 159 89 30 Comment: NO RIVER CALL, THOMAS DITCH 983 n/a Note : WATER AVAILABLE -NONE TAKEN THOMAS RESERVOIR 3954 n/a Note : WATER AVAILABLE -NONE TAKEN THOMAS WELL 5291 n/a Note : STRUCTURE NOT USABLE THOMAS WELL NO 122028-A 5581 n/a Note : STRUCTURE NOT USABLE THOMPKINS DITCH 672 118 04/23/1993 10/31/1993 179 5595 550 Comment: DITCH BREAK IN AUGUST. NO RIVER CALL. THOMPSON DITCH 675 182 05/08/1993 09/22/1993 138 123 15 THOMPSON SPRING AND PUMP 5292 n/a Note : NO INFORMATION AVAILABLE THURLOW SPRING NO 1 985 n/a Nate : NO INFORMATION AVAILABLE THURLOW SPRING NO 2 986 n/a Note : NO INFORMATION AVAILABLE TIBBITS HOUSE WELL 5293 291 Includes Annual Records 1 0 TIBBITS STOCK WELL 5294 29i Includes Annual Records 1 0 TIM SIEVERS WELL 5295 29i Includes Annual Records 1 0 Page numbers appended with an "1' refer to an 'Infrequent' report. REPORT DATE: 2/16/1994 Water Commissioner: Page 34 II VISION OF WATER RESOURCES DIVISION 5 DISTRICT 39 1 .:TURF NAME: THOMPK1NS DITCH II OURCE STREAM : MAIN ELK CREEK STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION REPORT IRRIGATION YEAR: 1993 (11/01/1992 • 10/31/1993) ( 672) SOURCE: NATURAL STREAMFLOW ( 12) FROM 13SE IRRIGATION TYPE (I) (1) IDAY NOV DEC JAN FEB WAR APR MAY JUN JUL AUG SEP OCT 11 5.000 21.400 19.000 19.000 15.000 15.000 1 1 i I21 5.000 21.400 19.000 19.000 15.000 15.000 1 2 31 5,000 21.400 19.000 19.000 15.000 15.000 1 3 4 5.000 21.400 19.000 19.000 15.000 15.000 1 4 I 51 5.000 21.400 19.000 0.000' 15.000 15.000 1 5 II67 5.000 21.400 19.000 15.000 15.000 ; 6 1 15.600` 21.400 19.008 15.000 15.000 7 8 15. 600 21. 400 19. 000 15. 000 15. 000 1 8 } I91 15.600 21.400 19.000 15.000 15.000 1 9 101 15.600 21.400 19.000 15. 000 15.000 11.0 111 15.600 21.400 19.000 15.000 15.000 111 I121 15.600 21.400 19.000 15.000 15.000 112 131 15. 600 21. 400 19. 000 15.000 15.000 113 141 15.600 21.400 19.000 15.000 10.000' 114 151 15.600 21.400 19.000 15.000 10.000 115 II151 15.600 21.400 19.000 15.000 10,000 116 171 15.600 21.400 19.000 15.000 10.000 117 181 15.600 21.400 19.000 15.000' 15.000 10.000 118 15. 600 21. 400 19. 000 15. 000 15. 000 10. 000 119 III"; 15.600 21.400 19.000 15.000 15.000 10.000 120 211 15.600 21. 400 19.000 15.000 15.000 10.000 121 22115. 600 19. 000' 19. 000 15. 000 15. 000 10.000 122 1231 5.000' 15.600 19.000 19.000 15.000 15.000 10, 000 123 241 5, 000 15.600 19. 000 19. 000 15. 000 15. 000 10. 000 124 251 5.000 21.400' 19.000 19.000 15.000 15.000 10.000 125 11261 5.000 21.400 I9.000 19.000 I5.000 15.000 10.000 126 271 5. 000 21. 400 19. 000 19. 000 15. 000 15. 000 10. 000 127 P81 5. 000 21. 400 19. 000 19. 000 15. 000 15. 000 10. 000 128 11 P91 5. 000 21. 400 19, 000 19. 000 15. 000 15.000 10. 000 129 301 5. 000 21.400 19. 000 19. 000 15. 000 15. 000 10. 000 130 311 21. 400 19. 000 15. 000 10. 000 131 TAL SFD 0.00 0.00 0.00 0.00 0.00 40.00 460.60 620.40 589.00 286.00 450.00 375.00 5 USED 0 0 0 0 0 8 31 30 31 18 30 31 AVG SFD 0.00 0.00 0.00 0.00 0.00 5.00 14.85 20.68 19.00 15.89 15.00 12.10 IIIAL AF 0. 00 O. 00 O. 00 0.00 O. 00 79.34 913. 60 1230. 56 1168. 28 567. 28 892. 58 743.81 'UAL TOTAL SFD 2821.00 SFD AL GAYS USED : 179.00 DAYS II/ TOTAL ACRE FEET : 5595.45 AF 1 ' indicates Observed data, U Indicates User supplied data. A11 other data Is interpreted from previous cbservel value. WATER COM44ISSI0NER REPORT DATE: 2/11/1994 Page 178 1 II!VISIONOF WATER RESOURCES DIVISION 5 r DISTRICT 39 STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION REPORT IRRIGATION YEAR: 1993 (11/01/1992 - 10/31/1993) PURE NAME: THOMPKINS DITCH ( 572) SOURCE: NATURAL STREAMFLOW (1) If OURCE STREAM : MAIN ELK CREEK ( 12) FROM GREEN MOUNTAIN RES (1900) USE : IRRIGATION (1) TYPE : EXCHANGE (1) IDAY NOV DEC JAN FED YAR APR MAY JUN JUL - AUG SEP OCT 11 1 1 21 I I 2 31 13 1 I I 41 � 4 61r 51 ' S E I I I 6 71 17 8: 18 91I 1 9 101 0. 000' 110 111 111 121 112 131 113 141 114 I51 115 I161 116 171 117 181 118 119 120 211 121 221 122 1231 123 211 124 251 125 '261 126 271 127 281 128 111291 129 301 130 311 131 TAL SFD 0.00 0.00 0. 00 0.00 0. 00 0, 00 0,00 0.00 0. 00 0. 00 0.00 0. 00 II[YS USED 0 0 0 0 0 0 0 0 0 0 0 0 AVG SFO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0. 00 0.00 0.00 ITAL AF 0.00 0. 00 0. 00 0.00 0. 00 0. 00 0.00 0. 00 0.00 0. 00 0.00 0.00 YUAL TOTAL SFO 0.00 SFD TAL DAYS USED 0.00 DAYS ANNUAL TOTAL ACRE FEET : 0.00 AF ' Indicates Observed data, 11 Indicates User supplied data. All other data Is interpreted frc71 previous observed value. WATER COMMISSIONER \JREPORT DATE: 2/11/1994 Page 179 DIV.SION OF WATER RESOURCES DIVISION 5 DISTRICT 39 STRUCTURE NAME FIRST (DENT PAGE STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION SLM ARY FIRST DAY USED IRRIGATION YEAR: 1992 (11/01/91 - 10/31/92) LAST DAYS WATER TOTAL ACRE -FT ACRES DAY USED CARRIED DIVERTED IRRIGATED SUMMERS SPG & STH W POND 5284 n/a Nate : NO INFORMATION AVAILABLE SUPPLY DITCH 670 n/a Note : NO INFORMATION AVAILABLE SUPRISE SPRING & DITCH 671 173 05/15/92 06/14/92 31 22 19 TALBOTT WELL NO 1 5285 n/a Note : NO INFORMATION AVAILABLE TALBOTT WELL NO 2 5286 n/a Note : NO INFORMATION AVAILABLE TALBOTT WELL NO 3 5287 n/a Note : NO INFORMATION AVAILABLE TEMPLE WELL 5022 131 Includes Annual Records 1 0 TERRELL WELL 5290 301 Includes Annual Records 1 0 THODE WASTE WATER DITCH 678 179 05/09/92 10/31/92 176 04 30 THOMAS DITCH 983 n/a Note : NO WATER AVAILABLE THOMAS RESERVOIR 3954 n/a Note : NO WATER AVAILABLE THOMAS WELL 5291 n/a Note : STRUCTURE AOT USABLE THOMAS WELL NO 122028-A 5581 n/a Nate : STRUCTURE NOT USABLE THOMPKINS DITCH 672 171 04/06/92 10/31/92 204 5253 550 THOMPSON DITCH 675 178 05/03/92 09/12/92 133 126 15 THOMPSON SPRING AND PUMP 5292 n/a Note : NO INFORMATION AVAILABLE THURLOW SPRING NO 1 985 n/a Note : NO INFORMATION AVAILABLE THURLCW SPRING NO 2 986 n/a Note : NO INFORMATION AVAILABLE TIBBITS HOUSE WELL 5293 301 Includes Annual Records I 0 TIBBITS STOCK WELL 5294 31i Includes Annual Records 1 0 TIM SIEVERS WELL 5295 311 Includes Annual Records 1 0 TOLINI WELL 5296 3IJ Includes Annual Records 1 0 Page numbers appended with an "1" refer to an 'Infrequent" report.. REPORT DATE: 2/01/1993 Water Commissioner: Page 33 1 DIVISION OF WATER RESOURCES 1 DIVISION 5 DISTRICT 39 JCTURE NAME: THCMPKINS DITCH ISOURCE STREAM : MAIN ELK CREEK 1 1 1 1 1 1 1 1 1 STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION REPORT IRRIGATION YEAR: 1992 (11/01/91 10/31/92) ( 672) SOURCE: NATURAL STREAMFLCW ( 12) FROU USE IRRIGATION TYPE : (1) (1) DAY NOV DEC JAN FEB WAR APR MAY JUN JUL AUG SEP OCT 11 10. 600 21. 500 21500 3.500 0.800 3.560 1 1 21 10.600 21.500 21.500 3.500 0.800 3.560 1 2 31 10.600 21.500 21.500 3.500 0.800 3.560 ; 3 41 10. 600 21. 500 21. 500 3. 500 0, 800 3. 560 : 4 51 10.600 21.500 21.500 3.500 0.800 3.560 1 5 61 4.500' 21.500' 21.500 21.500 3.500 0.800 3.560 i 6 71 4.500 21.500 21.500 21.500 3.500 3.560' 3.560 1 7 8: 4. 500 21. 500 21. 500 21. 500 3, 500 3. 560 3. 560 1 8 91 4.500 21.500 21.500 21.500 3.500 3.560 3.560 1 9 101 4.500 21.500 21.500 21.500 3.500 3.560 3.560 110 111 4. 500 21. 500 21. 500 21. 500 0. 000' 3. 560 3. 560 i I 1 12; 4. 500 21. 500 21. 500 21. 500 3. 560 3. 560 :12 131 4. 500 21. 500 21. 500 21. 500 3. 560 3. 560 :13 141 4.500 21.500 21.500 21.500 3.560 3.560 114 15; 4. 500 21. 500 21. 500 21. 500 3. 560 3. 560 :15 16; 4.500 21.500 21.500 21.500 2.700' 3.560 3.560 116 17; 10. 600` 21. 500 21. 500 21. 500 2. 700 3. 560 3. 560 117 18 10. 600 21. 500 21. 500 21. 500 2. 700 3, 560 3. 560 ;18 t1 10. 600 21. 500 21. 500 21. 500 2. 700 3. 560 3. 560 :19 c01 10.600 21.500 21.500 21.500 2.700 3.560 3.560 120 21 i 10. 600 21. 500 21. 500 21. 500 2. 700 3. 560 3. 560 121 221 10. 600 21.500 21.500 21.500 2.700 3.560 3.560 122 231 10.600 21.500 21.500 21.500 2.700 3.560 3.560 123 24: 10, 600 21. 500 21. 500 23, 300' 2. 700 3. 560 3. 560 124 251 10.600 21.500 21.500 18. 100' 2.700 3.560 3.560 125 261 10.600 21.500 21.500 18.100 2.700 3.560 3.560 125 27 i 10. 600 21. 500 21. 500 10. 600' 2. 700 3. 560 3. 560 :27 281 10. 600 21. 500 21. 500 10. 600 2. 700 3. 560 3. 560 :28 291 10.600 21.500 21.500 10.600 0.800' 3.560 3.560 129 301 10.600 21.500 21.500 3.500' 0.800 3.560 3.560 130 31; 21.500 3.500 0.800 3.560 131 110TAL SFD 0.00 0.00 0.00 0.00 0.00 197.90 612.00 645.00 592.80 72. 50 90.24 110.36 DAYS USED 0 0 0 0 0 25 31 30 31 26 30 31 VO SFD 0. 00 O. 00 0. 00 0. 00 0. 00 7. 92 19. 74 21. 50 19. 12 2. 79 3. 01 3- 56 TOTAL AF 0..00 0.00 0.00 0.00 0.00 392.53 1213.90 1279.36 1175. 82 143. 80 178.99 218.90 IIINNUAL TOTAL SFO 2320.80 SFD OTAL DAYS USED 204.00 DAYS ANNUAL TOTAL ACRE FEET : 4603.31 AF 1 1 ' Indicates Observed data, U Indicates User supplied data. Atl ether data i; interpreted from previous observed value. WATER COMMISSIONER REPORT DATE: 1/27/1993 Page 174 1 1 DIVISION OF WATER RESOURCES 'DIVISIONS DISTRICT 39 STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION REPORT IRRIGATION YEAR: 1992 (11/01/91 - 10/31/92) JCTURE NAME: THCh1PKINS 01 ICH ( 672) SOURCE: NATURAL STREAl1FLCW (1) I SOURCE STREAM : MAIN ELK CREEK ( 12) FROM : GREEN MOUNTAIN RES (4900) USE : IRRIGATION (1) TYPE : EXCHANGE (1) 1 1 1 1 1 1 1 1 1 1 DAY NOV DEC JAN FEB MAR APR MAY JIJN JUL AUG SEP OCT 11 7. 040 1 1 21 7.040 1 2 31 7. 040 1 3 41 7. 040 1 1 51 7.040 1 5 61 7.040 ; 6 71 3. 540' 7, 040 7 81 3. 540 7.040 ; 8 91 3. 540 7. 040 1 9 100 3.540 7.040 110 111 3. 540 7. 040 111 121 3. 540 7. 040 112 131 3. 540 7. 040 113 141 3.540 7.040 114 151 3. 540 7. 040 115 161 3. 510 7. 040 116 171 3.540 7.040 117 181 3.540 7.040 118 1 3.540 7.040 119 401 3.540 7.040 120 211 3. 540 7. 040 121 221 3.540 7.040 122 231 3.540 7.040 123 241 7.040' 7.040 124 251 7.040 7.040 125 261 7.040 7.040 126 271 7.040 7.040 127 281 7.040 7.040 128 291 7.040 7.040 129 301 7.040 7.040 130 311 1. 040 131 ILTAL SFO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 109.46 218.24 DAYS USED 0 0 0 0 0 0 0 0 0 0 24 31 G SFD O. 00 0. 00 0. 00 0. 00 0.00 0. 00 0. 00 0. 00 O. 00 0, 00 4. 56 7. 04 IV OTAL AF 0.00 0.00 0.0D 0 00 0 00 0 00 0.00 0.00 0.00 O. 00 217. 11 432.88 INUAL TOTAL SFO . 327. 70 SFD TAL DAYS USED 55.00 GAYS ANNUAL TOTAL ACRE FEET : 649.99 AF 1 1 REPORT DATE: 1/27/1993 1 ' Indicates Observed data. U Indicates User supplied data. All other data 1s Interpreted from previous observed value. WATER COMM! SS10NE.R Page 175 IDIVISION OF WATER RESOURCES 1 DCVISION 5 DISTRICT 39 AICTUR6 NAME: THCIIPX INS DITCH 'SOURCE STREAM : MAIN ELK CREEK STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION REPORT IRRIGATION YEAR: 1992 (11/01/91 - 10/31/92) ( 672) ( 12) +++ TOTAL WATER THROUGH STRUCTURE +++ 1 DAY NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT 2: 31 4: i 5; 6f 71 8' 9° 11 I01 111 12; 131 141 II 151 161 171 18 1' LO1 211 '231 241 '751 251 271 281 129: 301 311 10. 600 21. 500 21. 500 3. 500 0. 800 10, 600 ; 1 10. 600 21. 500 21. 500 3. 500 0. 800 10, 600 1 2 10.600 21.500 21.500 3.500 0.800 10.600 ; 3 10. 600 21. 500 21, 500 3. 500 0. 800 10. 600 1 1 10.600 21.500 21.500 3.500 0.800 10.600 1 5 4.500 21.500 21.500 21.500 3.500 0.800 10.600 1 6 1, 500 21. 500 21. 500 21. 500 3. 500 7. 100 10. 600 1 7 4. 500 21, 500 21. 500 21. 500 3. 500 7. 100 10. 600 1 8 4.500 21.500 21.500 21.500 3.500 7.100 10.600 1 9 4. 500 21. 500 21. 500 21. 500 3. 500 7. 100 10. 600 110 4. 500 21. 500 21. 500 21. 500 0. 000 7. 100 10, 600 111 4. 500 21. 500 21. 500 21. 500 7, 100 10. 600 :12 1. 500 21. 500 21. 500 21.500 7. 100 10. 600 113 4. 500 21. 500 21. 500 21. 500 7. 100 10, 600 114 4. 500 21. 500 21. 500 21. 500 7. 100 10, 600 115 4. 500 21. 500 21. 500 21. 500 2. 700 7. 100 10. 600 116 10. 600 21. 500 21. 500 21. 500 2. 700 7, 100 10. 600 ;17 10.600 21.500 21.500 21.500 2.700 7.100 10.600 118 10.600 21.500 21.500 21.500 2.700 7.100 10.600 119 10.600 21.500 21.500 21.500 2.700 7.100 10.600 120 10. 600 21. 500 21. SOO 21. 500 2. 700 7. 100 10.600 X21 10, 600 21. 500 21. 500 21. 500 2. 700 7. 100 10. 600 122 10.600 21.500 21.500 21.500 2.700 7.100 10.600 123 10. 600 21. 500 21. SOO 23. 300 2. 700 10. 600 10. 600 124 10. 600 21. 500 21. 500 18. 100 2. 700 10. 600 10. 600 125 10. 600 21. 500 21. 500 18. 100 2, 700 10. 600 10. 600 126 10. 600 21. 500 21. 500 10. 600 2. 700 10. 600 10. 600 127 10.600 21.500 21.500 10.600 2.700 10.600 10.600 128 10.600 21.500 21.500 10.600 0.800 10.600 10.600 129 10.600 21.500 21.500 3.500 0.800 10.600 10.600 130 21. 500 3, 500 0. 800 10. 600 131 'AL SFD 0. 00 0.00 0.00 0, 00 0. 00 197. 90 612. 00 645. 00 592. 80 72. 50 199. 70 328. 60 DAYS USED 0 0 0 0 0 25 31 30 31 26 30 31 OCT SFD 0. 00 0. 00 0, 00 0. 00 0. 00 7, 92 19. 74 21. 50 19. 12 2. 79 6.66 10. 60 AL AF 0. 00 0.00 0.00 0.00 0.00 392.53 1213.90 1279. 36 1175.82 143.80 396. 10 651. 78 ILIAL TOTAL SFD 2648.50 SFD AL DAYS USED 204,00 DAYS ANNUAL TOTAL ACRE FEET : 5253.30 AF 1 REPORT DATE: 1/27/1993 Indicates Observed data, U Indicates User supplied data. All other data Is Interpreted from previous observed value. WATER COMMISSIONER Page 176 DIVISION OF WATER RESOURCES DIVISION 5 DISTRICT 39 S1''JCTURE NAME STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION SUMMARY IRRIGATION YEAR: 199I (11/01/90 - 10/3I/91) FIRST FIRST LAST DAYS WATER TOTAL ACRE -FT ACRES (DENT PAGE DAY USED DAY USED CARRIED DIVERTED IRRIGATED STODDARD DITCH 667 182 04/21/91 10/31/91 194 116 20 STONE WELL 5283 30i Includes Annual Records 1 0 STORM KING MOUNTAIN SPG 5331 331 Includes Annual Records 1 0 Comment: BLM SPRING STREIT BOTTOM DITCH 669 183 05/09/91 01/17/91 32 178 80 SUMMERS SPG & STK W POND 5284 n/a Note : NO INFORMATION AVAILABLE SUPPLY DITCH 670 n/a Not N0 INFORMATION AVAILABLE SUPRISE SPRING & DITCH 671 184 04/19/91 08/10/91 114 61 19 TALBOTT WELL NO 1 5285 n/a Note : NO INFORMATION AVAILABLE TALBOTT WELL NO 2 5286 n/a Nate : NO INFORMATION AVAILABLE TALBOTT WELL NO 3 5287 n/a Note : NO INFORMATION AVAILABLE TEMPLE WELL 5022 121 Includes Annual Retards 1 0 TERRELL WELL 5290 30i Includes Annual Records 1 0 THODE WASTE WATER DITCH 678 188 05/04/91 10/31/91 181 90 30 THOMAS DITCH 983 n/a Note : NO WATER AVAILABLE THOMAS WELL 5291 n/a Note : STRUCTURE NOT USABLE THCMPKINS DITCH 672 185 04/05/91 10/31/91 210 5788 550 THOMPSON DITCH 675 187 05/10/91 10/31/91 175 229 15 THOMPSON SPRING AND PUMP 5292 n/a Note : NO INFORMATION AVAILABLE THURLOW SPRING NO 1 985 n/a Note : NO INFORMATION AVAILABLE THURLOW SPRING NO 2 986 n/a Note : NO INFORMATION AVAILABLE T1BBITS HOUSE WELL 5293 31i Includes Annual Records 1 0 T1BBITS STOCK WELL 5294 31i Includes Annual Records 1 0 Page numbers appended with an "i" refer to an "InfrequettS7' repott. f REPORT DATE: 2/19/1992 Water Cormrlsslone Page 29 I DIVISION OF WATER RESOURCES DiV1SI0N 5 DISTRICT 39 1 AUCTURE N. E: 1 SOURCE STREAM TH011PK1NS DITCH MAIN ELK CREEK STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER 0lYERSION REPORT IRRIGATION YEAR: 1991 (11101/90 - 10/31/91) ( 672) SOURCE: NATURAL STREAI4FLCW (1) ( 12) FROM : USE . IRRIGATION (1) TYPE : 1 DAY NOV OEC JAN FEB YAR APR MAY JUN JUL AUG SEP OCT 1 1 1 1 1 1 1 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 30 31 10. 900 20. 100 20. 100 20. 100 5. 360 9. 000 1 10. 900 20. 100 20. 100 20. 100 5. 360 9, 000 2 10. 900 20. 100 20. 100 20. 100 5. 360 9.000 3 10. 900 20. 100 20. 100 20. 100 0. 800' 9. 000 1 6.500' 10.900 20.100 20.100 20.100 0.800 9.000 5 6, 500 10, 900 20, 100 20. 100 20. 100 0. 800 9. 000 6 6. 500 10.900 20. 100 20. 100 20. 100 0. 800 9. 000 7 6.500 10.900 20.100 20.100 20.100 0.800 9.000 8 6. 500 20. 100' 20, 100 20. 100 20. 100 0. 800 9. 000 9 6. 500 20. 100 20, 100 20, 100 20. 100 0. 800 9, 000 10 6. 500 20. 100 20. 100 20. 100 20. 100 0. 800 9. 000 11 6.500 20. 100 20. 100 20. 100 20. 100 0, 800 9.000 12 5.500 20.100 20.100 20.100 20.100 0.800 9.000 13 6.500 20.100 20.100 20.100 19.100' 9.000' 9.000 14 6. 500 20. 100 20. 100 20. I00 19. 100 9. 000 9, 000 15 6, 500 20, 100 20. 100 20. 100 19. 100 9. 000 9. 000 16 6. 500 20. 100 20. 100 20. 100 19. 100 9. 000 9.000 17 6. 500 20. 100 20. 100 20. 100 19. 100 9. 000 9. 000 18 6.500 20.100 20.100 20.100 19.100 9.000 9.000 19 6.500 20.100 20.100 20.100 19.100 9.000 9.000 20 6.500 20.100 20.100 20.100 15.000' 9.000 9.000 21 6.500 20. 100 20. 100 20. 100 11. 000' 9, 000 9.000 22 10. 900' 20.100 20.100 20.100 8. 000' 9.000 9.000 23 10, 900 20. 100 20. 100 20. 100 8. 000 9. 000 9. 000 21 10.900 20.100 20.100 20.100 8.000 9.000 9.000 25 10.900 20.100 20.100 20.100 8.000 9.000 9.000 26 10.900 20. 100 20. 100 20. 100 8. 000 9, 000 9. 000 27 10.900 20.100 20.100 20.I00 5.360' 9.000 9.000 28 10.900 20.100 20.100 20.100 5. 9.000 9.000 29 10.900 20.100 20.100 20.100 5.360 9.000 9.000 30 20, 100 20. 100 5. 360 9. 000 31 ITAL. SFD 0. 00 0. 00 0. 00 0. 00 0, 00 204. 20 549, 50 603. 00 623. 10 182. 44 177. 08 279, 00 DAYS USED 0 0 0 0 0 26 31 30 31 31 30 31 YG SFO 0.00 0.00 0. 00 0. 00 0.00 7.85 17. 73 20. 10 20. 10 15.56 5.90 9.00 TAL AF 0. 00 0.00 0.00 0.00 0.00 405..03 1089.93 1196. 05 1235. 92 956. 92 351.24 553.40 INUAI TOTAL SFD 2918.32 SFO TAL DAYS USED 210,00 LAYS ANNUAL TOTAL ACRE FEET : 5788.19 AF 1 1 REPORT DATE: 1/30/1992 ' Indicates Observed data, 1J Indicates User supplied data. All other data Is Interpreted from previous observed =•- WATER COMISSI0NER DIVISION OF WATER RESOURCES DIVISION 5 DISTRICT 39 STRUCTURE NAME STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION SUMMARY IRRIGATION YEAR: 1990 (11/01/89 • 10/31/90) FIRST FIRST LAST HAYS WATER IDENT PAGE DAY USED DAY USED CARRIED TOTAL ACRE -FT DIVERTED ACRES IRRIGATED STOBAUGH 0 PUMP ALT NO 2 982 n/a Note : TAKEN IN ANOTHER STRUCTURE Comment: ACREAGE & DIVERSIONS UNDER ID 980 STOBAUGH DITCH 668 n/a Nate : TAKEN IN ANOTHER STRUCTURE Comment: ACREAGE & DIVERSIONS UNDER ID 980 STODDARD DITCH 667 192 04/24/90 I0/19/90 179 69 20 STONE WELL 5283 311 Includes Annual Records 1 0 STORM KING MOUNTAIN SPG 5331 33I Includes Annual Records 1 0 Comment: .BLU SPRING STREIT BOTTOM DITCH 669 193 04/04/90 09/10/90 70 389 SO SUMMERS SPG & STI< W POND 5284 n/a Note : NO INFORMATION AVAILABLE SUPPLY DITCH 670 n/a Nate : NO INFORMATION AVAILABLE SUPRISE SPRING & DITCH 671 196 055/08/90 10/21/90 167 117 19 TALBOTT WELL NO 1 5285 n/a Note : NO INFORMATION AVAILABLE TALBOTT WELL NO 2 5286 n/a Note : NO INFORMATION AVAILABLE TALBOTT WELL NO 3 5287 n/a Note : NO INFORMATION AVAILABLE TEMPLE WELL 5022 13i Includes Annual Records 1 0 TERRELL WELL 5290 31i Includes Annual Records 3 0 THODE WASTE WATER DITCH 678 205 05/09/9010/08/90 143 106 30 THOMAS DITCH 983 n/a Note : N0 WATER AVAILABLE THOMAS WELL5291 n/a Note STRUCTURE NOT USABLE TkOMPKINS DITCH 672 199 04/16/90 10/21/90 1995575 550 THOMPSON DITCH 675 203 05/21/90 09/11/90 114 10I 15 THOMPSON SPRING AND PUMP 5292 n/a Nate : NO INFORMATION AVAILABLE THURLOW SPRING NO 1 985 n/a Note : NO INFORMATION AVAILABLE Page numbers appended with an ".I' refer to an 'Infrequent" report. REPORT DATE: 1/11/1991 Water Commissioner; 2 Page 29 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 OIVISION OF WATER RESOURCES DIVISION 5 DISTRICT 39 STRUCTURE NAME:. THOMPWINS DITCH ,0URCE STREAM MAIN ELK CREEK DAY STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL 'NATER DIVERSION REPORT IRRIGATION YEAR: 1990 (11/01/89' - 10/31/90) ( 672) SOURCE: NATURAL SIRE FLOW (1) ( 12) FROM : USE IRRIGATION (1) TYPE NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT i1 23. 100 21. 000 19. 500 8. 900 4, 960 4, 960 1 1 21 23. 100 21, 000 19. 500 8. 900 4. 960 4, 960 1 2 31 23. 100 21. 000 19. 500 8. 900 4. 960 4. 960 1 3 4: 23.100 21.000 19.500 4.960` 4.960 4.960 1 4 i 51 23.100 21.000 19.500 4.960 4.950 4.960 1 5 61 23.100 21.000 19.500 4.960 4.960 I. 960 1 6 i 7; 23. 100 21. 000 19. 500 4. 960 4, 960 4. 960 1 7 81 23. 100 21. 000 19. 500 4, 960 4. 960 4. 960 1 8 i 91 23.100 21.000 19.500 4.960 4.960 4.960 1 9 e 101 23. 100 21. 000 15. 100' 4. 960 4. 960 4. 960 110 F l 1 s ° 23. 100 21. 000 15. 100 4. 960 4. 960 4. 960 111 121 23.100 21.000 15.100 4.960 4.960 4.960 112 131 a 23. 100 21. 000 15. 100 4. 960 4.960 4. 960 113 141 21. 000' 21. 000 15. 100 4. 960 4.960 1. 960 114 151 21.000 21.000 15. 100 4. 960 4.960 4.960 115 16; 16.000' 21.000 21.000 15.100 4.960 4.950 4.960 116 171 16.000 21.000 21.000 15.100 4.960 4.960 4.960 11.7 181 16.000 21.000 21.000 15.100 4.960 4.960 4.960 118 1 9 1 16.000 21. 000 18. 600' 15. 100 4. 960 4. 960 4. 960 119 201 16.000 21.000 18.600 10.400' 4.960 4.960 4.960 120 211 16. 000 21. 000 18. 600 10, 400 4, 960 4. 960 4. 960 121 P�1 16.000 21. 000 18. 600 10. 400 4. 960 4. 960 14, 500' 122 231 16.000 21.000 18.600 10.400 1.260' 4.960 14.500 123 24; 23.100' 21.000 18.600 10.400 1.260 4.960 14.500 124 251 23. 100 21. 000 18. 600 10, 400 4. 960` 1. 960 14. 500 125 261 23. 100 21. 000 18. 600 10. 400 4. 960 1. 960 14, 500 126 271 23.100 21.000 18.600 10.400 4.960 4.960 14.500 127 281 23.100 21.000 18.600 8.900' 4.960 4.960 14.500 128 291 23. 100 21.000 19. 500' 8.900 4, 960 4. 960 14. 500 129 301 23. 100 21. 000 19. 500 8. 900 4, 960 4. 960 14, 500 130 311 21.000 8.900 4.960 14.500 131 IOTAL SFD 0.00 0.00 0.00 0.00 0.00 289.70 678.30 603.00 445.30 158.18 148.80 249. 16 DAYS USED 0 0 0 0 0 15 31 30 31 31 30 31 AVG SFO 0, 00 0. 00 0. 00 0. 00 0. 00 19. 31 21.88 20. 10 14. 36 5. 10 4. 96 8. 04 TOTAL AF 0, 00 0. 00 0. 00 O. 00 0. 00 574. 62 1345. 41 1196. 05 883. 25 313. 75 295. 14 494.21 ANNUAL TOTAL SFD 2572.44 SFD TOTAL DAYS USED 199,00 DAYS ANNUAL TOTAL ACRE FEET : 5102.43 AF 1 REPORT DATE. 1/11/1991 ' Indicates Observed data. U Indicates User supplied data. All other data is Interpreted Irarn previous observed value. WATER COMMISS[OMER /, Paye 199 DIVISION OF WATER RESOURCES OrvISION 5 DISTRICT 39 STRUCTURE NAME: THCMPKINS DITCH SOURCE STREAM : MAIN ELM CREEK DAY STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION REPORT IRRIGATION YEAR: 1990 (11/01/89 - 10/31/90) ( 672) SOURCE: NATURAL STREAMFLCW (1) ( 12) FROM : GREEN MOUNTAIN RES (4900) USE IRRIGATION (1) TYPE : EXCHANGE (1) NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT 11 4. 750 7, 400 1 1 21 1.690' 7.400 1 2 31 1.690 7.400 1 3 4 0. 640* 1.590 1.400 1 4 1 51 0.640 1.690 7.400 1 5 6+ 0.640 1.690 7.400 1 6 71 0.640 1.690 7.400 1 7 81 0.640 1.340` 3.600' 1 8 9: 0.640 1.340 3.600 1 9 101 0.640 1.340 3.500 110 11: 0,640 1.340 3.600 111 121 0.640 0. 180' 3.600 112 1 13: 0.640 0.180 3.640 113 14: 0.640 0.180 3.600 :14 151 0.640 0.180 3.600 115 16: 0.640 0.180 3.600 116 0 171 0, 640 0. 180 3. 600 117 18 0.640 0.180 3.600 118 1 191 0.640 0.180 3.600 119 201 0.640 0.180 4.500' 120 211 0. 640 5. 400' 9, 500 121 221 0.640 5.400 0.000' 122 23; 0.000" 5.400 123 241 5.400 124 251 1.000' 9.800' 125 261 1.000 9.800 126 271 1, 000 9. 800 127 281 1.000 7.400' 128 291 1.000 7.400 129 301 7. 340' 7. 400 130 311 4. 750' 131 TOTAL SFO 0. 00 0.00 0, 00 0. 00 0. 00 0. 00 0. 00 0. 40 0. 00 29.25 95.07 114. 00 DAYS USED 0 0 0 0 0 0 0 0 0 26 30 21 AVG SFD 0. 00 0. 00 O. 00 0. 00 0. 00 0. 00 0. 00 0. 00 O. 00 I. 13 3. 17 5. 43 TOTAL AF 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 58.02 188.57 226. 12 ANNUAL TOTAL SFD 238.32 SFO TOTAL DAYS USED 77.00 DAYS ANNUAL TOTAL ACRE FEET : 472.71 AF REPORT DATE: I/11/1991 ' Indicates Observed data, U Indicates User supplied data. All other data is interpreted from previous dOserved value. WATER COMMISSIONER Page 200 DIVISION OF WATER RESOURCES DIVISION 5 DISTRICT 39 STRUCTURE NAME: TJ1OMiPKINS DITCH SOURCE STREAM : MAIN ELK CREEK ( 672) ( 12) STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION REPORT IRRIGATION YEAR: 1990 (11/01/89 - 10/31/90) +++ TOTAL WATER THROUGH STRUCTURE +++ DAY NOV DEC JAN FED MAR APR MAY JUN JUL AUG SEP OCT 11 23. 100 21. 000 19.500 8.900 9.710 12. 360 1 1 21 23. 100 21.000 19. 500 8. 900 6, 650 12.360 1 2 31 23.100 21.000 19 500 8.900 6.650 L2. 360 1 3 4 23.100 21.000 19.500 5.600 6.650 12.360 1 4 r 51 23.100 21.000 19.500 5.600 6.650 12.360 1 5 61 23.100 21.000 19.500 5.600 6.650 12.360 1 6 71 23.100 21.000 19.500 5.600 6.650 12.360 1 7 81 23.100 21.000 19.500 5.600 6.300 8.560 1 8 91 23.100 21.000 19.500 5.600 6.300 8.560 1 9 101 23.100 21.000 15.100 5.600 6.300 8.560 110 111 23.100 21.000 15.100 5.600 6.300 8.560 111 k 21 23. 100 21. 000 15. 100 5. 600 5, 140 8. 560 112 I31 23. 100 21.000 15.100 5.600 5.140 8.560 113 141 21. 000 21. 000 15. 100 5. 600 5. 140 3. 560 114 551 21.000 21.000 15.100 5.600 5.140 8.560 115 161 16.000 21.000 21.000 15.100 5.600 5.140 8.560 116 171 16.000 21.000 21.000 15.100 5.600 5.140 8.560 117 181 16.000 21.000 21.000 15.100 5.600 5.140 8.560 118 191 16.000 21.000 18.600 15.100 5.600 5.140 8.560 119 201 16.000 21.000 18.600 10. 400 5.600 5.140 14.460 120 21; 16. 000 21. 000 18. 600 10. 400 5. 600 10. 360 14. 460 121 221 Lb. 000 21.000 18.600 10. 400 5.600 10.360 14.500 122 231 16.000 21.000 18.600 10.400 1.260 10.360 14.500 123 P41 23.100 21.000 18.600 10.400 1.260 10.360 14.500 124 251 23.100 21.000 18.600 10.400 5.960 14.760 14.500 125 251 23.100 21.000 18.600 10.400 5.960 14.760 14.500 126 271 23.100 21.000 18.600 10.400 5.960 14.760 14.500 127 281 23. 100 21. 000 18. 600 8. 900 5, 960 12. 360 14. 500 128 291 23.100 21.000 19.500 8.900 5.960 12.360 I4.500 129 301 23. 100 21. 000 19. 500 8. 900 12. 300 12. 360 14, 500 130 351 21.000 8. 900 9. 710 14.500 1 3 1 TOTAL SFD 0.00 0.00 0.00 0.00 0.00 289.70 678.30 603.00 445.30 137.43 243.87 363.16 DAYS USED 0 0 0 0 0 15 31 30 31 31 30 31 AVG SFO 0, 00 0. 00 0.00 0. 00 0. 00 19.31 21.88 20. 10 14.36 6.05 8. 13 11. 71 TOTAL AF 0. 00 0. 00 0. 00 0. 00 0. 00 574. 62 1345. 41 1195, 05 883, 25 371. 77 483. 72 720. 33 ANNUAL TOTAL SFO 2810.76 SFD TOTAL DAYS USED 199.00 DAYS ANNUAL TOTAL ACRE FEET : 5575.14 AF REPORT DATE: 1/11/1991 Indicates Observed data. U Indicates User supplied data. All other data is interpreted from previous observed value. WATER COPMISSIONER i `�_�,s"�/� "�. ,,•�`-ter- �.7 Page 201 DIVISION OF WATER RESOURCES DIVISION 5 DISTRICT 39 STRUCTURE NAME STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION SUMMARY FIRST FIRST IRRIGATION YEAR: 1989 (11/01/88 • 10/31/89) LAST DAYS WATER TOTAL ACRE -FT IDENT PAGE DAY USED DAY USED CARRIED DIVERTED ACRES IRRIGATED THOMAS WELL THOMPKINS DITCH 5291 n/a Nate : STRUCTURE NOT USABLE 672 191 04/07/89 10/31/99 208 5667 550 THCMPSON DITCH 575 197 04/24/89 08/13/89 112 120 15 THDMPSON SPRING AND PUMP 5292 n/a Note : NO INFORMATION AVAILABLE THURLOW SPRING N0 1 985 n/a Note : NO INFORMATION AVAILABLE THURLCW SPRING NO 2 986 n/a Nate : NO INFORMATION AVAILABLE TIBBITS HOUSE WELL 5293 281 Includes Annual Records 1 0 TIBBITS STOCK WELL 5294 281 Includes AnnuaI Records 1 0 TIM SIEVERS WELL 5295 281 Includes Annual Records 1 0 TOLINI WELL 5296 291 Includes Annual Records 1 0 TONIOLLI DITCH 676 n/a Note WATER AVAILABLE•NONE TAKEN TONY PERRY DITCH 673 n/a Note : NO WATER AVAILABLE TROUT DITCH 674 194 05/16/89 10/31/89 169 1013 100 U S V RIFLE MILL PUMPS 679 n/a Nota : TAKEN IN ANOTHER STRUCTURE Comment: SEE ID 855 - RIFLE MILL PL U 5 V RIFLE SLUICING PMP 806 n/a Note : TAKEN IN ANOTHER STRUCTURE Comment: SEE ID 865 RIFLE MILL PL UNION 76 WATER WELL NO 1 5298 n/a Note : STRUCTURE NOT USABLE UNION 76 WATER WELL NO 2 5415 327 11/01/88 10/31/89 334 181 0 UNION 76 WATER WELL H0 3 5414 326 04/01/89 30/31/89 183 180 0 UNION 76 WATER WELL NO 4 5413 325 11/01/88 10/31/89 365 222 0 UNION 76 WATER WELL N0 5 5412 324 11/01/88 10/31/89 365 239 0 UNION 76 WATER WELL NO 6 5410 323 1I/01/88 10/31/89 365 18 0 Page numbers appended with an 'i" refer to an "lnfrequ4.04 report. REPORT DATE: 2/08/1990 Water Commissioner: �► Page 28 DIVISION OF WATER RESOURCES -"VISION 5 DISTRICT 39 ISTRUCTURE NAME: THOMPKINS DITCH SOURCE STREAM : MAIN ELK CREEK 1 1 1 1 1 1 1 1 1 DAY 11 x 21 31 41 1 51 61 1 71 81 9 101 11.1 12 13; 14," 151 16 171 81 I 191 201 211 22: 231 241 251 261 271 291 301 311 ( 672) ( 12) STATE OF COLORADO OFFICE OF THE STATE ENGINEE3 ANNUAL WATER DIVERSION REPORT fRRIGATION YEAR: 1989 (11/01/88 - 10/31/89) SOURCE: NATURAL STREAMFLOW FROM : USE . IRRIGATION TYPE (1) (1) NOV DEC JAT1 FEB MAR APR MAY JUN JUL AUG SEP OCT 12. 900 20. 000 20.000 14.000 2.390 3.560 ; 1 12.900 20.000 20.000 14.000 2.390 3. 560' 1 2 20. 000' 20. 000 20. 000 14. 000 2. 390 3, 560 1 3 20. 000 20. 000 20. 000 14. 000 1. 260' 3. 560' 1 4 20, 000 20. 000 20. 000 14. 000 2. 150' 3. 560 1 5 20.000 20.000 20.000 14.000 2.150 3.550' 6 6. 100' 20.000 20.000 20.000 10. 400' 1. 260' 3.560 1 7 6.100 20.000 20.000 20.000 4. 710' 1.260 3.560 1 8 6. 100 20. 000 20, 000 20. 000 4. 710 1. 260 3, 560 1 9 6.100 20.000 20.000 20.000 4.710 1.260 3.560 110 6.100 20.000 20.000 20.000 4.710 3.560' 3.560 111 6.100 20.000 20.000 20.000 4.710 3.560 3.560 112 6.100 20.000 20.000 21.900' 4.710 3.560 3.560 113 6.100 20.000 20.000 21.900 4.710 3.560 3.560 114 6. 100 20, 000 20, 000 21. 900 8. 700' 3. 560* 3. 560 115 5.100 20.000 20.000 21.900 8.700' 3.560 3.560 116 6. 100 20. 000 20, 000 21. 900 8. 700 3. 560 3. 550 117 6. 100 20.000 20, 000 21. 900 9. 530' 3. 560 3. 560 118 6.100 20.000 20.000 21.900 9.530 3.560 3.560 119 6.100 20.000 20.000 19. 700' 9.530 3.560 3. 560' 120 6.100 20.000 20.000 19. 400' 5. 110' 3. 560' 3.560 121 12.900' 20.000 20.000 19.400 9.110 3.560 3.560 122 12.900 20.000 20.000 19.400 9.110 3.560' 3.560 123 12.900 20.000 20.000 19.400 7.530' 3.560 3.560 124 12.900 20.000 20.000 14. 400' 7.530 3.550' 3.560 125 12.900 20.000 20.000 14.400 7.530 3.560 3.560 126 12.900 20.000 20.000 14.000' 7.530 3.560 3.560 127 12.900 20.000 20.000 14.000 3.560' 3.550 3.560 128 12. 900 20. 000 20. 000 14. 000 3, 560 3. 560 3. 560 129 12.900 20.000 20.000 14.000 2. 390' 3 560' 3. 560 130 20.000 14.000 2.390' 3. 560' 131 TOTAL SFO 0.00 0.00 0.00 0.00 0.00 207.60 605.80 600.00 589.40 251.41 88.97 110.36 GAYS USED 0 0 0 0 0 24 31 30 31 31 30 31 117G SFD 0.00 0.00 0.00 0.00 0.00 8.65 19.54 20.00 19.01 8, 11 2.97 3.56 TOTAL AF 0.00 0.00 0.00 0.00 0.00 411.77 1201.60 1190.10 1169.07 498.67 176.47 218.90 INNUAL IOTAL SFO 2453.54 SFD TOTAL DAYS USED 208.00 DAYS aNNUAL TOTAL ACRE FEET . 4866.60 AF i 1 EPORT DATE: 1/27/1990 I ' Indicates Observed data. U Indicates User supplied data. Alf other data is interpreted from previous observed value. WAIER COM! '7 L)/ " ./72z -7 -2 -2=____ -- Page r - Page 191 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DIVISION OF WATER RESOURCES 'VISION 5 DISTRICT 39 STRUCTURE NAME: THOMPKINS OITCN SOURCE STREAM : MAIN ELK CREEK STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION REPORT IRRIGATION YEAR: 1989 (11/01/88 - 10/31/89) ( 672) SOURCE: NATURAL STREU1FLOW (1) ( 12) FROM : GREEN MOUNTAIN RES (4900) USE IRRIGATION (1) TYPE : EXCHANGE (1) DAY NOV DEC )AN FES MAR APR MAY JUN JUL AUG SEP OCT 11 4. 700 e 1 21 1.700 1 2 3; 4. 700 1 3 4: 6.600' 1 4 51 5.600 5 61 12.400' : 6 71 12.400 1 7 81 12.400 1 8 i 91 12.400 1 9 101 12. 400 110 11: L400' 12.400 111 i 12 1.400 12.400 112 e 13` 1.400 12.400 :13 141 1. 400 12. 400 114 15,i L 400' 12.400 ,15 161 1.400 12.400 116 171 1.400 12.400 117 81 1.400 12.400 118 191 1.400 12.400 119 201 1.400 10.900' 120 211 6. 400' 10. 900 121 22.1 6.400 10.900 22 231 5.500' 10.900 123 241 5. 500 10.900 124 zsi 5.500 10. 900 ,25 261 5.500 10.900 126 271 5. 500 10. 900 127 i 281 4.800' 5.500 10.900 ,28 291 0.800 5.500 10.900 129 30; 0.000' 4.700' 10.900 130 311 10. 900 131 TOTAL SFD 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.60 70.00 331.70 DAYS USED 0 0 0 0 0 0 0 0 0 2 20 31 AVG SFO 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.80 3.50 10. 70 TOTAL AF 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0. 00 0. 00 3.17 138 95 657 93 ANNUAL TOTAL SFD 403.30 SFD TOTAL DAYS USED 53.00 DAYS ANNUAL TOTAL ACRE FEET 799,95 AF ' REPORT DATE: 1/27/I990 ' Indicates Observed data, U Indicates User supplied data. All otoer data Is interpreted from previous observed value. WATER COMMISSIONER Page 192 1 DIVISION OF WATER RESOURCES III"YISION 5 DISTRICT 39 (STRUCTURE NAME: THO4PKINS DITCH ( 672) 1 1 1 1 1 1 1 1 1 SOURCE STREAM ; MAIN ELK CREEK STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION REPORT IRRIGATION YEAR: 1.489 (11/01/88 - 10/31/89) ( 12) +++ TOTAI, WATER THRCUGH STRUCTURE ++4- DAY +r DAY NOV DEC IAN FES MAR APR MAY JUN JUL AUG SEP OCT 11 12. 900 20. 000 20.000 14.000 2.390 8.260 1 I 21 12.900 20.000 20.000 14.000 2.390 8.260 : 2 31 20.000 20..000 20.000 14.000 2.390 8.260 1 3 4: 20. 000 20. 000 20. 000 14. 000 1. 260 10, 160 1 4 51 20.000 20.000 20.000 14, 000 2.150 18.160 1 5 61 20.000 20.000 20.000 14.000 2.150 15.960 1 6 71 6.100 20.000 20.000 20.000 10.400 1.260 15.960 1 7 81 6.100 20.000 20.000 20.000 4.710 1.2260 15.960 1 8 9: 6. 100 20. 000 20. 000 20. 000 4. 710 1. 260 15. 960 1 9 101 6.100 20.000 20.000 20.000 4.710 1.260 15.960 110 111 6.100 20.000 20.000 20.000 4.710 4.960 15.960 111 121 6. 100 20. 000 20. 000 20. 000 4. 710 4. 960 15. 960 112 131 6.100 20.000 20.000 21.900 4.710 4.960 15.960 113 111 6, 100 20. 000 20. 000 21. 900 4, 710 4, 960 15. 960 114 151 6.100 20.000 20.000 21.900 8.700 4.960 15.960 115 161 6.100 20.000 20.000 21.900 8.700 4.960 15.960 116 171 6.100 20,000 20.000 21.900 8.700 4.960 15.960 117 8i 6.100 20.000 20..000 21.900 9.530 4.960 15.960 118 191 6.100 20.000 20.000 21.900 9.530 4.960 15.960 119 201 6.100 20.000 20.000 19.700 9.530 4.960 14.460 120 211 6.I00 20.000 20.000 19.400 9.110 9.960 14.460 121 221 12.900 20.000 20.000 19.400 9.110 9.960 14.460 122 231 12.900 20.000 20.000 19.400 9.110 9.060 14.460 123 241 12. 900 20. 000 20. 000 19. 400 7, 530 9.060 14.460 124 251 12.900 20.000 20.000 14.400 7.530 9.060 14.460 125 261 12.900 20.000 20..000 14.400 7.530 9.060 14.460 126 271 12.900 20.000 20.000 14.000 7.530 9.060 14.460 121 281 12.900 20.000 20.000 14.000 4.360 9.060 14.460 128 291 12.900 20.000 20.000 14.000 4.360 9.060 14.460 129 301 12.900 20.000 20.000 14.000 2.390 8.260 14.460 130 311 20.000 14,000 2.390 14.460 131 TOTAL SFD 0.00 0.00 0.00 0.00 0.00 207.60 605.80 600.00 589.40 253.01 158.97 142.06 IAYS USED 0 0 0 0 0 24 31 30 31 3I 30 31 VG SFD 0.00 0.00 0.00 0.00 0.00 8.65 19.54 20.00 19.01 8. 16 5.30 14.26 TOTAL AF 0.00 0.00 0.00 0.00 0.00 411. 77 1201.60 1190. 10 1169.07 501.85 315.32 876.83 INUAL TOTAL SFD 2856.84 SFD TOTAL OAYS USED 208.00 DAYS ` Indicates Observed data. U Indicates User supplied data. NNUAL TOTAL ACRE FEET 5666.54 AF Ail other data is inte!or!ted tram previous observed value. WATER CCNMISSIONER IIIPORT DATE: 1/27/1990 L• Paige 193 DIVISION OF WATER RESOURCES DIVISION 5 DISTRICT 39 STRUCTURE NAME FIRST 'DENT PAGE STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION SUMMARY FIRST LAST DAYS WATER DAY USED DAY USED CARRIED IRRIGATION YEAR: 1988 (11/01/87 - 10/31/88) TOTAL ACRE -FT ACRES DIVERTED IRRIGATED STREIT BOTTOM DITCH SUMMERS SPG & STK W POND SUPPLY DITCH SUPRISE SPRING & DITCH TALBOTT NELL NO 1 TALBOTT NELL NO 2 TALBOTT WELL NO 3 TEMPLE WELL TERRELL WELL THODE WASTE WATER DITCH , THOMAS DITCH THOMAS WELL THOMPXIHS DITCH THOMPSON DITCH THOMPSON SPRING AND PUMP THURLOW SPRING NO 1 THURLOW SPRING NO 2 TIDBITS HOUSE WELL TIDBITS STOCK WELL TIM SIEVERS WELL 669 128 05/01/88 09/23/88 78 5284 n/a Note : !10 INFORMATION AVAILABLE 433 80 670 n/a Note : HO INFORMATION AVAILABLE 671 131 05/13/88 07/21/88 70 44 19 5285 n/a Note : NO INFORMATION AVAILABLE 5286 n/a Note : NO INFORMATION AVAILABLE 5287 n/a Note : NO INFORMATION AVAILABLE 5022 11i Includes Annual Records Comment: DOMESTIC 5290 27i Includes Annual Records Comment: DOMESTIC 678 138 04/21//88 10/31/88 194 302 30 983 n/a Note : NO INFORMATION AVAILABLE 5291 n/a Note : NO INFORMATION AVAILABLE 672 132 04/18/88 10/31/88 176 675 134 05/17/88 07/20/88 5619 550 65 102 15 5292 n/a Note : HO INFORMATION AVAILABLE 985 n/a Note : NO INFORMATION AVAILABLE 986 n/a Note : H0 INFORMATION AVAILABLE 5293 27i Includes Annual Records Comment: DOMESTIC 1 5294 27i Includes Annual Records Comment: DOMESTIC 5295 27i Includes Annual Records Comment: DOMESTIC 1 Page numbers appended with an '1' refer to an 'Infrequent' report. REPORT DATE: 2/24/1909 Page 31 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DIVISION OF WATER RESOURCES DIVISION 5 DISTRICT 39 STRUCTURE NAME: THOMPKINS DITCH 1 6721 SOURCE STREAM : MAIN ELK CREEK ( 12) STATE OF COLORADO ANNUAL RATER DIVERSION REPORT OFFICE OF THE STATE ENSINEE' SOURCE: STREAM (1) FROM : USE IRRIGATION (1) TYPE : IRRIGATION YEAR: 1988; (11/01/87 - 10/31/08 DAY NOY DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT 11 8.600 23.500 25.300 20.100 1.6904 16,000 21 8.600 23.500 25.300 20.100 1.690 16.000 31 8.600 23.500 25.300 20.100 1.690 0.0001 ; : 41 8.600 23.500 25.300 20.100 1.690 51 19.1004 23.500 25.300 20.100 1.690 1 `. 61 19.100 23.500 25.300 20.100 1.690 1 f 71 19.100 23.500 25.300 20.100 1.690 81 19.100 23.500 25.300 20.100 1.690 91 19.100 23.500 25.300 20.100 1.690 101 19.100 25.300* 25.300 20.100 1.690 111 111 19.100 25.300 25.300 20.100 1.690 11: 121 19.100 25.300 25.300 13.6001 7.1501 11 131 19.100 25.300 25.300 13.600 7.150 111 141 19.100 25.300 25.300 13.600 7.150 114 151 19.100 F5.300 25.300 13.600 7.150 11: 161 19.100 25.300 25.300 13.600 7.150 11f 171 19.100 25.300 25.300 7.9101 7.150 11: 181 8.600* 19.100 25.300 25.300 7.910 7.150 11w 191 8.600 19.100 25.300 25.300 2.3901 I6.0001 11' 201 8.600 19.100 25.300 25.300 2.390 16.000 121 211 8.600 19.100 25.300 20.1001 2.390 16.000 121 221 8.600 19.100 25.300 20.100 7.53301 16.000 121 231 0.600 19.100 25.300 20.1.00 2.3901 16.000 • 12. 241 8.600 19.100 25.300 20.100 2.390 16.000 5.2001 12,-- 251 2�251 8.600 23.500* 25.300 20.100 1.690* 16.000 5.200 12` 261 8.600 23.500 25.300 20.100 1.690 16.000 5.200 121 271 2.600 23.500 25.300 20.100 1.690 16.000 5.200 12: 281 8.600 23.500 25.300 20.100 1.690 16.000 5.200 12,: 291 CC.603 23.500 25.300 20.100 1.690 16.000 5.200 12'= 301 8.600 23.500 25.300 20.100 1.690 16.000 5.200 13( 311 23.500 20.100 1.690 5.200 131 TOTAL SFD 0.00 0.00 0.00 0.00 0.00 111.80 580.90 742.80 727.10 336.23 260.64 73.60 DAYS USED 0 0 0 0 0 13 31 30 31 31 30 10 AVG SFD 0.00 0.00 0.00 0.00 0.00 8.60 18.74 24.76 23.45 10.85 8.69 7.36 TOTAL AF 0.00 0.00 0.00 0.00 0.00 221.76 1152.22 1473.34 1442.20 666.91 516.98 I45.99 ANNUAL TOTAL SFD 2833.07 SFD TOTAL DAYS USED 176.00 DAY'S ANNUAL TOTAL ACRE FEET : 5619.34 AF REPORT DATE: 2/17/1989 1 Indicates Observed data, U Indicates User supplied data. A11 ether 'data is interpreted froqi previous observed value. 011I4ISSIONER Page 13: DIVISION OF WATER RESOURCES DIVISION 5 DISTRICT 39 STRUCTURE NAME STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSIOtl SUMMARY IRRIGATION YEAR: 1987 (11/01/26 - 10/31/07) FIRST FIRST LAST DAYS WATER TOTAL ACRE -FT ACRES IDENT PAGE DAY USED DAY USED CARRIED DIVERTED IRRIGATED SUMMERS SPG & STK W POND 5284 SUPPLY DITCH 670 SUPRISE 5P & DITCH Note: HO INFORMATION AVAILABLE Note: NO INFORMATION AVAILABLE 0 0 671 144 05/05/87 05/28/87 24 TALBOTT WELL NO 1 5285 0 Note: NO INFORMATION AVAILABLE TALBOTT WELL NO 2 5286 0 TALBOTT WELL NO 3 5287 Note: NO INFORMATION AVAILABLE Note: NO INFORMATION AVAILABLE TEMPLE WELL 5022 10i 1 TERRELL WELL 5290 30i. Comment: DOMESTIC Comment: COMMERCIAL MODE WASTE HATER 678 152 04/25/87 09/19/87 148 157 :0 THOMAS DITCH 923 0 Note: NO INFORMATION AVAILABLE MOMS WELL 5291 0 Note: NO INFORMATTON AVAILABLE THOMPI(INS DITCH 672 145 11/01/86 10/31/87 235 6961 550 THOMPSON DITCH 675 147 06/07/07 10/31/87 78 79 I5 THOMPSOH SPRING &+ PLUMP 5292 0 Note: NO INFORMATION AVAILABLE THURLOW SPRING NO 1 935 0 Note: NO INFORMATION AVAILABLE THURLOW SPRING NO 2 986 0 Note: NO INFORMATION AVAILABLE Page numbers appen ded.with an 'i" refer to the 'Infrequent' reports. REPORT DATE: 1/19/1988 Page 35 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DIVISION OF WATER RESOURCES DIVISION 5 DISTRICT 39 STRUCTURE NAME: THOMPKINS DITCH SOURCE STREAM : MAIN ELK CREEK DAT 1( 2: 3: 4: 5: 6: 7: a: 9: 101 11: 121 13: 14 16 17: 181 191 20: 21: 22: 231 24: 25: 26: 27: 28: 29: 30: 31: ( 672) (12) STATE OF COLORADO OFFICE OF THE STATE ENGINEER ANNUAL WATER DIVERSION REPORT SOURCE: STREAM FRON : USE : IRRIGATION TYPE : NOV DEC JAN FEB MAR APR 8.5004 8.500 '8.500 8.500 8.500 8.500 8.500 8.500 8.500 8.500 8.500 8.500 8.500 8.500 8.500 8.500 8.500 8.500 8.500 8.500 8.500 0.500 8.500 8.500 8.500 8.500 8.500 8.500 8.500 0.000* 5.6004 5.600 5.600 5.600 5.600 5.600 5.600 5.600 5.600 5.600 5.600 5.600 12.6004 12.600 12.600 12.600 12.600 12.600 12.600 12.600 12.600 12.600 MAY JUN 12.600 21.900 21.900* 21.900 21.900 21..900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 IRRIGATION YEAR: 1907 (11/01/86 - 10/31/87) 111 (1) JUL AUG SEP OCT 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 2I.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 21.900 20.800* 20.800 20.800 20.800 20.800 20.800 20.800 20.800 20.000 20.800 20.000 11.300* 11.300 11.300 11.300 11.300 11.300 11.300 11.300 11.300 11.300 11.300 11.300 1.0004 7.000 7.000 7.000 7.000 7.000 7.000 7.000 7.000 7.000 7.000 7.000 7.000 7.000 7.000 7.000 7.000 7.000 7.000 7.000 7.000 7.000 12.600* 12.600 12.600 12.600 12.600 12.600 12.600 12.600 12.600 12.600 12.600 12.600 12.600 12.600 12.600 12.600 12.600 12.600 12.600 12.600 12.600 12.600 : 1 12.600 : 2 12.600 : 3 12.600 : 4 12.600 : 5 12.600 : 6 12.600 : 7 12.600 : 8 12.600 : 9 12.600 :10 12.600 :i1 12.600 :12 12.600 :13 12.600 :14 12.600 :15 12.600 16 12.600 :17 12.600 :18 12.600 :19 12.600 :20 12.600 :21 12.600 :22' 12.600 :23 12.600 :24 12.600 :25 12.600 :26 12.600 :27 12.600 :28 12.600 :29 12.600 :30 12.600* :31 TOTAL SID DAYS USED AVG SID TOTAL AF 246.50 0.00 0.00 0.00 0.00 193.20 669.60 657.00 673.40 29 0 0 0 0 22 31 30 31 8.50 0.00 0.00 0.00 0.00 8.78 21.60 21.90 21.72 488.93 0.00 0.00 0.00 0.00 383.21 1328.15 1303.16 13335.69 1 ANNUAL TOTAL SFD TOTAL DAYS USED 1 1 3509.30 SF) 235.00 DAYS ANNUAL TOTAL :CRE FEET : 6960.20 AF 351.40 327.60 390.60 31 30 31 11.34 10.92 12.60 697.00 649.79 724.76 4 Indicates Observed data, U Indicates User supplied data. A11 other data is interpreted from previous observed value. WATER COMMISSIONER REPORT DATE: 1/05/1988 - Page 145 1 — — — — — — — — — — — — — — — — — — — 7 Division 5 - District 39 DEPARTMENT OF NATURAL RESOURCES DIVISION OF HATER RESOURCES SUMMARY OF DIVERSIONS YEAR ]/'77 Ditches Sheet 9 ofrQ NAME OF SYSTEM rAGE FI PppSI Li50 L4 aSEI[a NO. OF C DAYS ARRiETampkins AVG.DAILY t F 5 TOTAL AM'T OIVAE, IED OR., TOS FPS TM rP. _.., .,., PRS RT W O NO.. A S IPA.ACR A.F. ?D •7-77 .•, -7 e;3.1L- 2'.112� q 6.8 Toniolli ,12I DTIC 4 , ' ..�,.._� LS" Tony Perry 7,� aur r :.,„`I'., <uS7r4:i': `!7 ST12.- 1 FLOW. Eli Town of Silt - ij 00 ��T�7��!� Trout _ r'.a�•Ft➢1! �- � I inarlalMENZIR__--------� UO ��� TiQ/1 MENEM EMI MI illi V Irl' Jill�FShI ' ����-- Vette Vetter 6 f S LI Fifle will Purrs P 7 ECOR ® �� Una Res, & Power Cond. -11.111.�_-����- 111 NEM u ,.r. QiYEB.SLPR ,^;C5 ptR1�i[af �+iy:#�1M � --�MEMO Vie°weg . r i itri rm� I+��,■�%�l--��� ma -_-_ Virginia Ii i .' 47Y7JEMIR --- - 'u can %�j %i 7] Id i1 • �n. � ■ . . IlWaiUM2 Mil - _����-������-_--��---�� W, E, Ditch 9Si1FIZZI ' NIFMJ,R MEN11.1111111.11.11 _ 5-4 FrEi w, a �i+j� V PM ]MM 1, ? riw ��__-�_- -MIMI_IMIE____ � ,w1 VII Ware and. Hinds IWAI West Elk Creek .EMIr - e1:7L�r:wb�►N'fr. , f —����—���_ West Fork A v ,, �� [ N. it a --_-��-�11111_ — Ilheeler plyallUSUFRCLUElniffillii whittinaham 'M�!a♦��a-� t iv STREAM 'LOW -----����_�� _E:�rnni' whorl S rin. & P1 mum Mr }' nEL�ri� I �- ® MEM= ,n ` 157% M��Jy��QMMIMI MIIIMMI v / i III / MM M. ,1 TOTALS z9) _ tv.ttl.::uut.p eke MIZM3MM1E -. Vet.. ••,• r riak •••••••=• 446'...,.. :Ip. -.4 ,, gaga,. le oc 0, we 05,a C -e £ WT geL .81 59'W ifiV, 0424f 0 •Oe — 0Q/ 0 '0 1 S 7' SZ vc. Lc. ZZ 0 6 T 9T ST VI ri b • •,.";$.1 fr:4;;.1 1. • iN1V080431•Vet'? e; :;0 ; tr.,t 05V o 0 04! ec0/Q nv A 01.1,1 aurti, ZTT ••;:r1 11•••,i Li 1 • :; YDr.".ti 6 1V1;:;;;;""t,•:;t Isitcko 'Ot ' .LNY14 VIOMOTt o: JlY t7' t." ) a • .; Jk 9 Fo 0 0 0 0 u 0 if z at., —457 trep oaa :I ri Ara "-' NVIV ,• • . /t//Yd ra 110.-Aztcalla•AkklattuAkterippaii. fai!041„;,;t% PM/ '9 - aNpia.J.J z ; 20 And it is hereby adjudged and decreed that there be allowed to flow into said ditch from said creek, for the use aforesaid and for the benefit of the parties lawfully entitled thereto, under and by virtue of the appropriation by original construction—Priority No. 3-1.6 cubic feet of water per second of time. And further that there be allowed to flow into said ditch as aforesaid, for the use and benefit aforesaid under and by virtue of the appropriation by first enlargement—Priority No. 26-2 cubic feet of water per second of time. That the whole amonnt of water to which said ditch is entitled is computed at 3.6 cubic feet per second of time. *Mrs. J. S. Swan and Mrs. M. S. Ferguson also claim a right to the use of sufficient water to irrigate their land on the mesa on the west side of said creek not to exceed the amount of 25 inches by reason of a reservation in the deed of said Mrs. J. S. Swan (nee Ella M. Stephenson) to said Horace Y. Evans, Jr., and A. E. Browning, who has since transferred to said Evans. This right is claimed from the appropriation of said creek made by the first enlargement of said ditch, and is in excess of the amount granted to said Meadows and Evans as above. This claim is made by said Mrs. Swan and Mrs. Ferguson by virtue of the appropria- tion of the waters of said creek made by one William Kerwin, the grantor of said Ella M. Stephenson, for the land she and the said Mrs. Ferguson now hold and claim water for from said creek. NUMBER FOUR THE THOMPKINS DITCH That said ditch is entitled to Priority No. 4. Said ditch is claimed by Patrick Thompkins. The headgate thereof is located on the south bank of the middle branch of Elk Creek, about one and one-half miles above the junction of said branch with the east fork of said creek, in Garfield County. It is a ditch used for the irrigation of lands. And it is hereby adjudged and decreed that there be allowed to flow into said ditch from said creek, for the use aforesaid and for the benefit of the party lawfully entitled thereto, under and by virtue of the appropriation by original construction—Priority No. 4—.8 of a cubic foot of water per second of time. NUMBER FIVE t THE RIFLE CREEK CANON DITCH That said ditch is entitled to Priorities Nos. 5-59-80. Said ditch is claimed by Samuel Stevenson, Horace G. Brown, Bartholoma Penz, Benjamin K. Watson, Charles L. Todd, Eva E. Graham, Ber- nard Vetter, Baker Graham, Isam Graham and Matthew Kellogg. The priority rights of said Stevenson and Brown were initiated by the original construction, said Watson and Penz by first enlarge- ment, and said Todd, Graham, Vetter, Graham, Kellogg and Gra- "(See decree at page 57 hereof) i(See decrees at pages 51 and 60 hereof) In the District Court. in the matter of the application of Lucy Roseman, Frank Sample and Louise '.:anganella, for an adjudication of their priority of rights to the use of water for irrigation purposes from Flk Creek through the Walter Enlarge- ment and Extension of the Tompkins ;itch no. 4 in the decrees of the District Court for Water District IZ o . 39. ) Findings and Decree. 1 ) Now on this first day of February, A. D. 1912, the above entitled matter coming on regularly to be hoard before the Court, and the petitioners appearing by Walter H. Roseman, the husband and agent of the petition Lucy Roseman, and by Peter Zanganella, the husband and agent of the petitioner Louise Zanganella, and by Edward T. Taylor and Charles Y1, Taylor, attorneys for petitioners, and the petitioners, Lucy Roseman, Frank Sample and Louise Zanganella, upon leave of Court first had and obtained, having; on November 18, 1911, filed their supplemental potion praying that they be sub- stituted as petitioners herein inthe place of the said Frank / 77alter, Cause No. 1269, and the petitioners having, by order of the Court, been substituted as petitioners herein in the place of the said Frank Walter, Cause No. 1269, and in said supplemental petition praying that the protest of Sylvester Wilmoth and Lucy Roseman, filed July 20, 1908, be considered as withdrawn and for naught held, and it appearing to the Court that due notice of this application by the said petitioners has been regularly served upon William Ganley, Ilugh Miller, Mrs. James Conto, John Boulton, Mrs. Peter Zanganella, James Garbolino, Lars. P. C. Coryell, Milton Roderick, G. W. Alvord, John Nelson, IL L. Youmans, George Parnell, H. V, Ware, Leo !Toren, L. 7,. Carter, Henry Carter, H. S. Hendrickson, Samuel Hondra, Mrs G. Fougnier, J. C. !loss, D. Loponne, henry Gonior, Pete Garbolino, Tony Perry, and ".?arie K. Griffith, and 1; y#•t • that said 7i,ersons are all who aro interested. adversely or entitled to notice of this proceeding, and the Court having heard the testimo- ny on behalf of the petitioners and being now fully advised in the premises, doth find: First: Thatthe petitioner Lucy Baseman is the ovnier of the southeast quarter of the nerth-west quarter ( S.E.* in Section Five (5) in Township Six (6) South of Tango llthety- no -4 (91) West of the Six:th (Gth) Principal Meridian, containing forty (40) acres more or less; That the petitioner Frank Sampleis the =bar of Lot Four (4), and t1,43 southwest quarter of the northwest quarter "LLD in Section Four (4) in Township Six (6) South of Range Ninety-ens )91) West of the Six.Ph (Gth) Principal Meridian, containing eithty HO) acres more or lens; That the potitioner Louise Zancanella is the owner of Iota One (1) and Two (2) in Section Five 15), and all that por- tion of the soutlmest quarter of the northeast quarter (S.W.* T..:1-) in said. Section Five (5), lying above the Ware & Hinds Ditch, all in Township Six (6) South of Rance Ninety-one 191) West of the Six;th (Gth) Principal Meridian, containing one hundred tenty (120) acres, more or lens. 903-4 Second: That the said petitioners are the sole claim- ants to the Walter Enlargement and Extension of the Tompkins Ditch from Elk Creek in Water District 7o. 39; that the said Walter Enlargement rnd Extension of the Tompkins Ditch is used for irrigation upon the lands of the petitioners; that the headgate of said ditch is situate in the southwest quarter of the. southeast quarter (S.W. S.E.1) in Section Twenty-three (23) in Township Five (5) South of Range Dinsty-one (91) West of the Sixth (6th) Principal Meridian, the general course of said ditch and extension being theme in a general southerly direction; that the work of construction of said Walter Enlargement and 1 xtonaion of the Tompkins Ditch was commenced on the 10th day of November, A. D. 1900, and the same wee completed and has been used by the petitioners and their grantor° for the irrigation of their lands thereunder with all reasonable diligence; That of the land of the said Lucy Roseman, thirty-eight (38) acres thereof under said ditch have been brought under practical irrigation from the waters of said Elk Creek through naid Enlargement and Extension Ditch, with all reasonable diligence; that of the land of the said Frank Sample, fifty (50) acres thereof under said ditch have been brought under practical irrigation from the waters of said Elk Creek through said Enlargement and Extension Ditch, with all reasonable diligence; that of the land of the said Louise Zanganolla, fifty (50) acres thereof under said ditch have been brought under practical irrigation from the waters of said E1]c Creek through said Enlargement and Extension Ditch, with all reasonable diligence; that the capacity of the said Walter Enlarge- ment and Extension of the Tompkins Ditch and the use thereof is sufficient to entitle the petitioners to an appropriation of water for irrigation therethrough from Elk Creek of two and seventy- six hundredths (2.76) cubic feet of water per second of time, with priority right thereto dating from the quid 10th day of November, A. D. 1900; that the said Walter Enlar'eenont and E_;tension of the Tompkins Ditch is entitled to Priority No. 158 AAB in said Water District No. 39, as of the said 10th day of november, A. D. 1900, cubject to all prior vested decreed rights, as provided by law It is therefore Considered, Ordered, Adjudged and Decreed `n;: the Court, that the said Walter Enlargement and Extension of the Tompkins Ditch be, and the same is hereby given Priority No. 158 AAB in said Water District No. 39, as of the said 10th day of hover er,_ A._ D. 1900, anithat there be allowed to flow therein from Elk Creek for irrigation and for the use and benefit of said petitioners, their heirs and assigns, under and by virtue of tho construction of the said Walter Enlargement and Extension of the Tompkins Ditch, two and seventy-six hundredths (2.7G) cubic feet of water per second of time. It is further Considered, Ordered, Acljudgecl and Decreed by the Court, that there findings and this decree shall bo sub- ject to the same conditions and provisions a6 are contained in the general decree of this Court, made and entered on the llth day of May, A. D. 1E389, in and for said Water District No. 39, and shall also be subject to all prior decreed and vested rights, as provided by law. It is further Ordered that the petitioners hcrein.shall pay the casts of this proceeding. John T. Shumate, Judge. State of Colorado. ss. County of Garfield. ) I, Chas. H. Kir1g. Clerk of the District Court, within and for the County of Garfield, State aforesaid, do hereby certify that the above and foregoing is a full, complete and true copy of the decree made and entered in said entilted cause. WITNESS t. hand and the Seal of said District Court this 1st aay of Febris t A. D. 191' ark District 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 Cattrtty or 0 rrlaia, )on. In tho Matter of the Appliorttion of ) 1.. 1 Oren and M. L. Youmans for an) ::•1j+trl-icuti:sn of their priority of .rights to the tine of water for lrri-) gnt.ion pu ptsrinn through i the S000nd ) ✓' Th nlargzsinont nd Extonoion of tiro, j ) (floilpk1nn flitch taking waster from ' ) r.,1k Crook, with at pose, lino fender ) co tnraat111 vrlth Fast 1'1J Crook, in '::a r 0r District no. 30. In tttu Dintrlc:t Octtr. t n1"c11I:E . ;low on thin 10th any of Pebrltniy. A.D.1013, thin natter coding on to be board boforo !Inferno (3. 0. flown, of !ttnnwooct 3pringR, Colorado, r.o t ing 1U1 rnte;It by order of Court hrsrnt.t7forn wads heroin, in intrananco of Ono and propor notion in that behalf; proaiont clnima'nt G. L. Boron 1 iseroo 1 •ar:rl by nt:to2'nny A. 1.. Dnru_'rIFaloy, Esq., o,' Glenwood Springs, . •;.a+.or!: In, rout :stir not"A7:tao hawing r.iiu1 tho petition on filo heroin, star annpd t hn tostinony of tiro said {;. L. Nnrnn utfnrnd in behalf of hi' noir claimant A. 1.. )(unman, an, under thn provisions of thn n.atutn in such n..,,.,r; Bald cs]:rtfr of ou t mikes thn following. findings: • ,tat. rein rind proper notion of thin protsnr3ctiil(; was given by Tattbll- csatt.1,sn and posting ataa rnguirnrt by 1rty+/. .. .« /� ctw �2c�C� +' Lr[•(. 41a C.lam 16,-4 OM.. tb 1fa/ftr4. 'i'Tlst1. thn P. Tonpl:inn Ditch by -ions n of it a1 `3'Inon 1 i:nlaa3'l;n::S11t and 1:xtnas`:ion bite bane alttftioir3ntly mil:tranrl to carry thn amount of Wattor clatimr' by potltinnsaro, to -wit, 1.4 cubic font Of wrttor par .^ionones of. tine. r 3� Thrtt pnt.itionnr. Huron claims to 1,'n tri ownor of ii^ aoros of land unctnr raid ditolt and nnlatxt;^meet, and tlUit P0titioalor Yolulnno els+ tm:• to ho the owner of 10 earns additional of lanai 111:oti?i:nt' ►sif:tnts, , r1 tilrtt thn tintc1 Goren and YUUJ+aatnn tai:t111 to bye hint OWranrIa with nos •- t;tin ,themn in and to said nrnlatrgnnout. That t.tto work of nnlnrge:. rtnt by pnt.it. ionrtrn regi their cu-oitnars Wan conanoncod on Maroh C, 1910, and promornttnd to completion with r"zu onat.b1n .1ilignnoo, thn nrtrfl kerns; nntirel.y completed in May, 1013. That thorn ham 1snt3n a bennficinl nppLication of 1.04 cubic i'not of 1+'t1 nr pox i r7oonct o?' tinct upon 62 acres by petitioner Goren, and n bonn- `iro_b3one=ooofApon18iaro,iuypetitirYamans or a wit t er per rs fe and of tins ta;:nn tt:evenr, nllrt trntlscrl!ecl and Mod herein, and the findings. or aat& -w referee start the rtrlrlren preperrr:rl +ty him; nod thn Cun t T!aing now well ad.- riflfl 111 thn promises finds thnt 411 j'ttii t1ns entitled to nation herein t.•;.'n hr,en duly flrat i?'i flit 01' t hi r , T 1,i nn t t an, and that the 1'1ndingn of :;:•;.t'1 12rtfer ne n1+on thn trr•tinony 2n, ].regular null wholly hnnod upon said 7r+,1; :; ar . ft rrt. by tell son of wh 1e i and the Inv in f'1m1i na8n17 thn nni:l +'j,=rl,tTy:r• ;1)"F` 1L'sreby approved 1110, r'.[rr*"irnol and Fern rtrtnptnrl es the 11w1,- 1^, • 1:f" } 1" ra;l;i2r1" rt•e+E rnnh findings !ll'tl '•?i"S)'r]1:;f St3'le)."Pr) 1,1) be and ]'.^.:^i11I1 ';•i j'1. [T: thn 7'11..1x; of neid nf1FSfl, tr0.rl 11 :, °; eal'inj rron nnirt J'1nd:in ,r thnt said Senor' L Rnity n:::not i..r • :,;,111 i e runhernrl //- in the ;;ncrn. r n+" thin Court "t.t o: i)ir-trir:t Un. ^E), with Priority right 11t111hor %rt% e7, in tet ttirr:i. er, rxr'tiil{; rr Ctrl the Iit Il day t)1" trt:l:r:tt, A.t+.11.110. 01” , IT J c:roYr) f, f1DJIIll't;'le fti,ii) :.';t1"1) i';• thoAlonrt tit:tit • ;t• . •r'.: I :"t`111 L,r.mert :1'" 2''?Ct.ful7ion 1)f• the 1".Tti1I":]i1;1it." +).1t.r•.t]Ai+t+,, and t:ir • ' ! u:bt . :1 /7" in tic' 11oo7;:. e Cn thin G011:11. i'rlr i.r t,t#T •+,f '.tip. ;#:? and that thorn. he ;ii1Orrn0 to 11.or into r.Hitt di LCI: 17'rn•L n ••' r'. "��: J•e1"71'r'.tLsfttlon iltrxparen :upon t.h:: La"ttlr nt11i11^:'t h'y petiticrnex.n; 1.4 r.:Lt•1r1 '•' ^t of `r4tnr per ,-.Poled of tiro, Yith Priority :t:'.I G_ in ' . + .' , fLr'Lt1)]t; fry! thn nth day of f4rL;l,"e11, A.14l'1.r ; ^itnh glinnt.tty i•t' :111e,ty �": i,C ri. r.'i. tl'tn.', J`r+I, t.i5e_'Pin ti`irt t"y":oet;l:'i'uyh 7.,r 4 'lrr1 Tor the- 'Ann and w'ene tt a51- the pit us. lawJ\i1— ?, r,l^:t td.'lrtrtri and 1.n th0 rutin nnut proportieon i:nt{Anat,.,li hy thnir nov- n`s•'' 1. Onid.irgn Of lii.nd un1nr end irri.prt.i cL tli7•)11<rr1] nftjft ':r.,.nrgomert and oP t111:nh; provided, h.p.r. ri'!a', . 1st te'1: tl ' it[0' t..t• )'.i 1. r rft 1,. r1 r•:,e l 1 derogation r+. ' .r i. .. !7 1 t7f .1J" +L".t ""+':j! '7 i,'ie• :'111;1: Of 7.11-'. 07-y o,y._n,,)..r of the 13f1 J.t'.tc)il rn in Frltlri rlrtii=tX! t :J. pep :1 r _L .eif rvl it fol t1irr LLpr,,:f:7. 1Ji that t:'tc_ `' 1.: f) f 11'f.L 21x1 own= 111 OT t, Win ra:cl,rtfnion, and L nt. i.E,rr distribution of vrl'.ter n:i4ng tlu' tirh;?'! tllt:, owners thnroCl1 nay bftlorra Li 1Rt11.tOar p1• 7t'('.'1.i7'ty and ,;aorls 4ti[12 T:, unlenl3 hmen1n npocifically provided for; 260 And 11, fThrther appnar'ing t11ELt it in tho rtca ile oV all 1.`111 owners of L.':''.nr f to int in said ditch that all of tiifF,O uncertain conditions and l,f: n_tltl9 ct11'f'irltlti3i1 lin avoided, and thet tho ciintrii)ut1on of water in f�7 :Ard wniru b plaCed, 111140r 1.110 mxparvinior and control of the water corn- Ithmlonor of naid Water Dintriot Ro. an. IT TO THEZEFOBE CONSIDEITYD, ORDMED, AMU= MCI DECREED BY. T1LE clwn, ,very ant all or nnid Own0;21: taking, or entitled to wat.e fron Elk Creek thrAwn B000ndEnlarz!enent mnd. Extennion of Lht: P.Tonpkine Ditoh,Afor the purpono of irrigation, no, and they and 9A0h Qf Limit hetenny aro coilmndod and required to construct, under the q'tioll of tnn 1;;t, AI CowLsnionn: of Water Bistriet No. 1P, at thoir hT, tho hand, or an ennr toroto nn praotlenble, of each and L;1,11r novorAt individual dito,lon or lotorol taking water from wd oxtonsion, Fur1n wolr, or diviliing box, an aR und tton tho water to%nn by tach owncr, or unnr, from nnid ! 11.1: vinll !:xtonnion, n110 to Tleintain tnn roma henonforth. 101V1, AI laverA) :17 trial enich, every kind ail of tho owrwtn thornin 11,1 nnjointlet and wntor rron nW1i1 enlargemont and extension for ir- '!,:,%!...on pwToson except by noone of and throUgh nail well's and r.Pftrltr- PAJY:tjr.. 1: COUALDF.RYo, j:u:i3 AND ;:ylnzrr :!rf THE ;. nnlerKe"nont and exton!:ion, and tho wntor therein., or thozOthrou,gh for tno Usm of thm ownera thereof, and thn aur - .r ort dietrAbution of :mid wntAz in, y°vier :If thin Court, plac- ed un4er the law1U1 nUporvision of tho Wetag Commlnsloner in and for Raid Mtntrict No* 33 whornin said ditch 17 nithated; providnd, hOwnver, Unit no ox!'ense of thn onportionnont anfi. distribution QV nald water in 7.h1m hninrgonent and extension shall be Luxe:a O nesand ar.ainnt, or oolicolod fron, Garfield County. 26 I IT I:4 FlIRITLEP OTIDIMM, ADJUDGM) A711) 1n:CRE1.3) 71Y. Ta COURT, That each tT nn1d owners end unern tako only hin tin proportion of wator in accord- ance with tin amount of watflr flowing in said onlargnMOnt and extension at a point where said owner or user ta%es wator from said nnlarconent and extension; and if anyowner or lonr of water tal'.on water in two or plaone, then tho total anoRnit) token by hin from all plaann (a be rintrsrm1nod by naid Water Commisnionor, And shall he barred upon the o:!ount or land cultivated and irrigatod by such ac:ilnr or user by hater 1,•c,m said enlargement and extenniC)n. .1 1C1 t'sfl1J'}i)°:il O)3iEii)•:i), A1lJifl3fLT) AND 7';i)T1f:D BY THY: nun, That the rain Vi i,rly Corlilinslc.mnr of said Water elr T)intri nt , ho and he i;; hereby om- =..o:7d:red and authorized to direct and superintend the dividing of water i:, all laterals connected wittm n1d Second Thllttrror•lrfnt and Extnnnian of D76C�ut�-* rLL./f` id A•rrw .a- Xfi J ..jea,-✓ L z.e. the 1•. Tent -AIM Ditch in the name ipinnnne rin•l conditions an heroin pro- 7 T.Tr;r; J u_ hair[ rinlari;eAnnt snd extension. IT T. F1TT;'1!;:1',' enD;: 1), A1)dlrini) A;T1) iii p:PI MT) 13Y TTt1: !2Ti1TT"1 , Thnt thin fro teLcfl t.nd bold i t13;jent to the name cr nrlltttont+ and pro- .' iionr: ;t:; :1.41 contained in the gnritlr:lll, decree o1` thein Cold:r't, • in nall2c r i• ;:i on the 1lt:. lay U1 :i:ty, .i. :..di :ir', alpdieatlng rater r'fhtn gen- r_lt .ir":.•t;•hi,ut rr 14 Teter District ':L+. ::.?, Ttrrri t».at thn 3:4:e arhai1 },:i1:r rl and 21.71:1 nal?loot to nil ad.nntlentionn tit '.i1rr"11a)zi#. 1 Li4 t. rinrin r'i,nr 1,o rriiu y;lot]^ prenerd.ing the rl.:str3 or thn filing t7.. , ntitioi herein, to --wit: January :3:'d, A.D.101a. 1.';' 13 ,1TTn'2,'i::1:D (l. -;T -MEDl, AfiriffC►fl) AND =Imo o nY L' U' co r, ',Gaut tho 1.1r • ti;lrrees tit►:Ct71.r* pay the onto of trri.:t proceeding. John T. Shumate, Judge, St:, t r, of Onlo 'Iu o, ) County o1' nerrield, )arm. T I, Ceram. H. King, C1ru cr.;: the f)tnl.riet Court in :,(1 roe sold County, in tho State aforesaid, i1, hereby nortiiy tbltt. the :1.' love and foregoing going is a fall, tells and complete copy of thn DYG2E11 'Made and entered of record in the above ontitio:t canna. Witnenn my hand and the seal of said Court, at Glenwood Springs, in said County, this "`'day of August, A.n.1O13. } (y2 . In the Diatrtat Court. In the matter of the application of H. S. Hendrickson, Samuel Rendre, Gaspar Faugnier, Henry C. Carter, Jacob Hess, Alice A. Ware (grantee of 11. V. Ware) , Henry Genier, Dominic LeDonne, Isora S. Parnell (widow of - George Parnell, deceased), Simon L. Carter and Peter Garbolino, for an adjudication of their priority of rights to the use of water for irri- gation and domestic purposes through the Second Enlargement and Extension of the P. Tomkins Ditch, taking water from Elk Creek with a pipe line feed- er connecting with East Elk Creek, in Water District No. 39, Garfield County, Colorado. 1 ) ) DECREE [b r4r11 �- toa` �� c r 6,064 Now on this 28th day of June, A. D. 1913, being one of the regular judicial days of the April, A. D. 1913 Term of the District Court, sitting within and for the County of Garfield, in the State of Colorado, the above entitled matter coming on to be heard on and the petitioners above named John L. Noonan, their attorney, Court from the testimony herein the petition herein filed, appearing in person and by and it appearing to the submitted: That due and proper notice of this proceeding was given by publication and posting as required by law; That the P. Tomkins Ditch (otherwise known as the Tompkins Ditch) by reason of its Second ;Enlargement and Ex- tension has been sufficiently enlarged to carry the amount claimed by petitioners, to -wit: 4.16 cubic feet of water per second of time. That said petitioners respectively claim to be and are the owners of the lands hereinafter described, and more particularly in said petition described and lying under said ditch and enlargement, to -wit: 27() Henry C. Carter, ,:ten (.0) acre$. Jacob C. Hess, twenty (20) acres;,, Alice A. Ware (grantee of H. V. Ware),twenty (201 acres. Henry Genier,.. thirty (30) acres. Domenic LeDonne twenty-eight(28) acres. Ieora S. Parnell (widow of George Parnell, deceased),.and .. Bernice Davis (daughter of said decedent), five Simon L. Carter,.... five Peter Garbolino, five (5) (5) (5) acres. acres. acres. and that said petitioners with M. L. Youmans, C. H. Koren, G. L. ;wren, William Hendrickson and Paul J. Davis, are the joint owners of said Enlargement and Extension of said ditch. That the work of said Enlargement and Extension by said petitioners and their co-owners was commenced on March 9th.,.A.D. 1910, and was prosecuted to completion with reason- able diligence, the same being completed in May, A. D. 1912. That there has been a beneficial application of 4.16 cubic feet of water per second of time pro rate upon the said lands of petitioners aforesaid. That the priority right of said Second Enlargement and Extension of said ditch should be numbered 177A in the decrees of this Court, for Water District Ido. 39, dating from the 9th day of March, A. D. 1910. WHEREFORE, IT IS CONSIDERED, ORDERED, ADJUDGED AND DECREED By the Court, that the priority right of said Second Enlargement and Extension of the P. Tomkins Ditch (otherwise known as the Tompkins Ditch) be, and the same is hereby num- bered 177A in the decrees of this Court for Water District No. 39, and that there be allowed to flow into said ditch from said creek for irrigation purposes upon the lands claimed by petitioners, 4.16 cubic feet of water per second of time, with Priority Ho. 177A aforesaid, in said decrees, 27 . 1 1 1 1 1 1 1 1 1. 1 1 1 1 1 1 1 1 1 through for the purposes a.foraea fit of the parties lawfully entitled thereto and in the ratio and proportion indicated by their several holdings of land under and irrigated through said enlargement and ex- tension of said ditch; provided, however, that this adjudi- cation be not taken or held in derogation of or adversely to the rights of the co-owners of the petirtioners in said enlargement and extension. And it further appearing that there are fifteen or more owners in said enlargement and extension, and that the distribution of water among the various owners thereof may become a matter of uncertainty and frfueaa work, unless herein specifically provided for; And it further appearing that it is the desire of all of the owners of water flowing in said ditch that all of these uncertain conditions and possible difficulties be avoided, and that the distribution of water in said ditch, enlargement and extension, among the various owners thereof, and the suierintendence of the construction of the proper dividing boxes and weirs be placed under the supervision of the Water Commissioner of said Water District No. 39. IT IS THEREPORE COfSIDE ED, ORD'„IED, ADJUDGED AND DECREED By the Court, that each, every and all of said owners taking, or entitled to take water from Elk Creek through the Second Enlargement and Extension of the P. Tom- kins Ditch (otherwise known as the Tompkins Ditch) for the purpose of irrigation, be, and they and each of them are hereby commanded and required to construct, under the super- vision of the Water Commissioner of Water District IZo. 39, at their own expense, at the head, or as near thereto as 7 2 extension, a measuring weir, or dividing box, so as to measure and apportion the water taken by each owner, or user, from said enlargement and extension, and to maintain the same henceforth. IT IS FURTHER CONSIDERED, ORDERED, ADJUDGED AND DECREED By the Court, that each, every and all of the owners therein be enjoined and restrained from taking water from said enlargement and extension for irrigating purposes except by means of and through said weirs and measuring boxes. IT IS FURTHER CONSIDERED, ORDERED, ADJUDGED AND DECREED By the Court, that said enlargement and extension, and the water therein, or flowing therethrough for the use of the owners thereof, and the apportionment and distribution of said water is, by order of this Court, placed under the lawfpl st perVisien of the Water Commissioner in and for said Water District No. 39, wherein said ditch is situated; provided, however, that no expense of the apportionment and distribution of said water in said enlargement and extension shall be taxed or assessed against, or collected from, Garfield County. IT IS FURTHER CONSIDERED, ORDERED, ADJUDGED AND DECREED By the Court, that each of said owners and users take only his due proportion of water in accordance with the amount of water flowing in said onlargcrnent and extension at a point where said owner or user takes water from said en- largement and extension; and if any owner or user of water takes water in two or more places, then the total amount taken by him from all places shall at no time exceed the amount to which such person is entitled; and the proportion to be taken by each individual owner or user shall be de- .1. upon the amount of land cul. -iva e • or rrr g!► e owner or user by water from said enlargement and extension. IT IS FURTHER CONSIDERED, ORDERED, ADJUDGED AND DECREED By the Court, that the said Water Commissioner of said Water District, be and he is hereby empowered and authorized to direct and superintend the dividing of water in all laterals connected with said Second Enlargement and Extension of the P. Tomkins Ditch (otherwise known as the Tompkins Ditch), in the same manner and conditions as herein provided for said enlargement and extension. IT I5 FURTHER CONSIDERED, 0RDERED, ADJUDGED AILD DECi?E':.D By the Court, that this decree shall be taken and held subject to the same provisions and conditions as are contained in the general decree of this Court, in Cause Lo. 103, on the llth day of May, A. D. 1889, adjudicating water rights generally throughout said Pater District No. 39, and that the same shall also be taken and held subject to all adjudications throughout said water district made prior to four years preceding the date of the filing of the petition herein, to -wit, April 7th, A. D. 1913. IT IS FURTHER C0NSIDEIR1 , ORDERED, ADJUDGED AND DECREED By the Court, that the petitioners herein pay the costs of this proceeding. John T. Shumate, Judge, )1"^• rr 1 f 4 ,5 STATE 0? COLORADO,) County of Garfield. ss. I, Chas. H. King, Clerk of the District Court, within and for the County of Garfield, in the State of Colorado, do hereby certify that the above and foregoing is a full, complete and true copy of the decree made and entered by said District Court in said enti- tled matter on the 28th day of June, A. D. 1913. Witness my hand and the Seal of said District Court this nineteenth day of November, A. D. 1914. -`+ 274 k Distr1t, art, 11.21.r+e+•-^+rv�r�.- 1'f TIIO iPLIlia DITCH[, Iia. 4, Said ditch In nt nbored 4. Under forTor decrees of tho count it has boon awarded Priority leo. 4 for .0 cubic foot of water filar nocott,•1 or tinea minting bock to and doting Emla tho 10th day or March, A,D■ 1533, unaor and by virLuo of 1'irtit , nlar6e tont, cid ui. n Priority Ho. 177A far 0.t6 cubic foot nt gator per aoonn.t a:' L'.':'s rolatin, hack to and dating o i'7tr :t`ici 9ti.1 .uJ or 1. i 'Cli, .'1.1). 1G1.}, under and by v Lrttio of L;ic :LocOad .1111,.I`o•'.out. 1z unaCr UiL. docroo cit:1:: led to Priority 1::a. =0 (I) for iliac cubic foot of ?later por sccand uI Limo 3'csl.,;;iac6 1tiac..t: to and d t:tl.tg fx-;:m tho 4th „lax oMarch, :,.D. 1 21 iador and by vLrwuo of tho Third Calo.romont. Tho c1::;luc:ta of col:: ditch aro the Conte brosi., Jae :_:011L0 and Jim .:auto, Luiz Ulaar., Iia; Moulton, D. U. 1.'14or, Corstlo, Y. L. 'aouL:: r.a, Clara -.iooc.sori, L'.iti fl, 3. 11onric:Coon. ?:r.9, .rtu'o. Mrs. .r. PouFgtior, i,t1 .guy ior, floc. .:torrill, harry ::iatcii2iuld, Lovto.' r'tiuotur and G. i•ou nicryr. Said ditch is u: i J for is rit;ati on pur t'oaea ittiu twsoc Ito supply :rater '1' Ta Vroek, In uarfield County, Colorado. 1`t,e I.c:oaLate is located at a point on the :.youth hank of ::lic Crook la thu 3outtavu t t w..a•tor a: the ;.outLaust C ug.rter or ;:octl cn Twenty -throe, Tomi:.t ir> .'ivo :+'.i4tki, ii rt:Kc yL::i:ty-o:ic Id®:: t: t4 the Gt i P.M.. trhenoc the SoutYivaat c rnor of tootion :'uot:t,}-thee boors Cast 4°111 Louth 102; foot. The to3tii my in t:iiu tomo •ot.a lit hoz that tbo water i n1 priority ri6litii and volume of wator avar1od acid ditolc under -3W ::.:ti.: prior docreoe hove at ail tin= rors buneficiolly used ;.rd c,pplit,c: in accorUanco with l w turn:, tai• iia bocruo oatntliab In, the Intro, end cola (.acrou:_ tat_.. the priority ri6htt; tboreby nwur..u1 aro hor•ot.y ratified fano: con'it.':r_vf1. It in further arcioreu, eninc.,ed raa,i uearced Oat thane Lb alluwo:l to luta ua►ict uitQ i fi':'ni sold .:11: ',reek for um, rf nrozn!u an,. for tltc t: roi'it ^'r' tho forties entitled 1.:iorelt:o, under and :.y v'rtuo :,_' the r:;.j.r-o1)rietiora by •i'hir:.i ;;Jv.s;..t-s.,:,'nt. i't'io:'it,•/ ::20 t;.! i ur 11.113 cubit foot of water `.ot, titicati: of ft= ro1utiA; bncf to trl).i Ut.t;trs ; from tho 4th ._..y ',i' 1—larch, A.V. 1:)21. :.t lc 1Ur ti:svr fir4oro +r .. _ rite ho. 17.2;! (1) boreby uwtxrjtsu, t the •xtnr:t of 1i.3o cubic fitt° o:' water i;nr cacun t of t! nce . 1:: t. ,rciy t' do utcoit:te and itr t:nrk1. t t:s , at`.•t::*Sr :+run .Lr Crux b;/ t%o s 1: '.u1 ,...:ount 21 ,r•tur sai.i Litoh its fit 1.1»61•:i,t sari! tt1c..: nt .:.1 ., 'cis: fort ,• r ,eitur »E,r , .:)na of thn . <: t. too La Gu4 or 1 c. i'wor Uccroo tr.ta .,:,s l t It rrdsr *actr: )::t., t . e i _ 1 it,; ";:i. iG,S+r;•.: for 1.3 Lc . nt t J . ureter ,7•t:)' t . eou, :1 'M11;:e s'+7lttt irk{ 'Leek w[) neat .. tib int; tr..: 1Wth .toy °.. r1 • i:..: r 1- d t naer end Oy ol ;rr4li i, 1 :::rsatruc:l,1.on. ,:f.:ci: !.a uraor i:': i:. . ecru i . snt i tied to i'r ority i'.^,'vtY for 4,7 w Lio foot of rEn,t.;a• p-ar' .:tie w..J of tlatw meat- ir.. be,c1: to ...ii... ..a:Li•:}: f r:'t !'F Ys 4t :'..`if .i1 i.:n'i.:l. . ..:. 1g21. ur.,:er c«na Ly virtu tt; tho f _t :st ' rat r,Es-' nt. ®.:• .:i:, cT:tste u; :.'iu tt'. ; ns^ea ..L}.p'b t•.,..;.le, : . rFt; tr.n >6ku' oris :=. .:!!'•t•p.(.c., -24- 33i 14 •j/' MOff(IS!.ST COMWEA, SE curt 650.7 1-2 A- X 0..33S.F.� 5.814 ►dins ,0 HISTORICALLY IRRIGATED ACREAGE THOMPKINS & ROSEMAN DITCH SCALE 1" = 2000' WELL SHARING AGREEMENT THIS AGREEMENT is entered into by and between , an individual and resident of Garfield County, Colorado (hereinafter "Owner No. 1 "), and an individual and resident of Garfield County, Colorado, (hereinafter "Owner No. 2"), on this, the day of , 199_. WITNESSETH: WHEREAS, Owner No. I and Owner No. 2 own certain property in Garfield County, Colorado, described as Lots 19 and 20 of Cedar Hills Ranch Subdivision, respectively, such lot descriptions being attached hereto as Exhibits A and B and incorporated herein by reference; and WHEREAS, a well named Cedar Hills Well No. 2, permitted as Colorado Division of Water Resources Well Permit No. (a copy of said permit is attached hereto as Exhibit C and incorporated herein by this reference), currently exists on Lot 19 and currently provides a water supply to both Lots 19 and 20, which well is also described and decreed in Case No. 95CW (Water Division No. 5); and WHEREAS, the parties hereto desire to supply water to Lots 19 and 20 in the future and so desire to set forth their understandings and agreements with regard to the future ownership, use and maintenance of the Cedar Hills Well No. 2; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The Cedar Hills Well No. 2 structure, its pump, pipelines, well equipment, and well permit shall all be equally owned by Owner No. 1 and Owner No. 2 for the benefit of Lots 19 and 20. The parties further agree that each interest in Cedar Hills Well No. 2 shall be appurtenant to the lot it benefits, and may not be conveyed apart from that lot. The water rights for the well, as augmented, are owned by the Cedar Hills Homeowners Association for the benefit of the Owners. 2. Owner No. I and Owner No. 2 will reserve and/or convey, all necessary easements to the other for supplying water to Lots 19 and 20 from Cedar Hills Well No. 2, and for the operation, maintenance, repair and replacement of Cedar Hills Well No. 2, its pump, pipelines and well equipment. 3. Each owner shall pay an equal proportionate share of all costs incurred for the common benefit of each one-half interest for operation, repair, maintenance and replacement of the Cedar Hills Well No. 2, its pump, common pipelines, and well equipment. However, each owner in the well shall bear the cost of operation, repair, maintenance, and replacement of F:1FI L.FS 10E]ARFIIL 3AG November 17, 1995 pipelines or other items which are not used in common, but are used solely to provide water service to his or her property. :It is the intent of the parties hereto that each owner will be solely responsible for operation, repair, maintenance and replacement of that part of the water delivery system for the well which is solely used to provide water service to that owners property. 4. The parties acknowledge that pump electric charges will be billed to Lot 19 and that each parties' prorata share will be determined by dividing in half that portion of Lot 19's monthly electric bill attributable to the pump operation. 5. In the event that any owner determines that repair, maintenance, improvements or replacements are necessary to the well structure, pipeline, or appurtenant common facilities, such owner shall notify the other owner in writing. The owners agree to cooperate for the purpose of entering into mutual agreements for completion and payment of such repairs, maintenance, improvements or replacements. Should the parties fail to reach mutual reconciliation or agreement in regard to shared costs and expenses, the Homeowners Association shall be authorized to hear and settle such a dispute after review of all facts, which decision shall be binding on both Owners. Any owner shall be entitled to make any and all reasonable improvements in an emergency which are essential for the proper functioning of the well, pump, pipeline or appurtenant facilities, and shall notify the other owner in writing of the one-half interest of their rightful shares of the resulting costs and expenses, in accordance with this Agreement. 6. The parties agree that all common expenses and costs incurred for the operation, repair, maintenance and replacement of each well, its pump and common pipelines shall be paid equally by each owner within 30 -days from the time they are presented for payment. In the event that any owner fails to pay his or her share as set forth in the previous paragraph, interest on the unpaid amount shall begin to accrue at 18% per annum, 30 -days from the date such costs or expenses were presented for payment. In the event the non-paying party shall fail to pay any such sums with interest thereon within six months from the date of presentment for payment, the party or parties who have paid those costs and expenses shall be entitled to reasonable attorneys' fees in obtaining a judgment for collection of the amounts due, in addition to any other remedies available at law or in equity for breach of this Agreement. 7. Each Owner shall be entitled to one-half of the water produced from such well, subject to the Protective Covenants for the Subdivision and the decree in Case No. 95CW Each owner shall use not more than his proportionate share of the water physically available from the well. Each party agrees that the water withdrawn from the Cedar Hills Well No. 2 shall be used only for one single-family residence upon their lot as set forth in the Protective Covenants and in the decree in Case No. 95CW . The parties further agree that the water from Cedar Hills Well No. 2 shall be used in accordance with any other terms and conditions imposed on the well permit. 8. No owner shall waste water, and the owner of each interest shall exercise F:1FI ESICEDARFIIL3AG November 17, 1995 -2- prudence and conservation in the use of the water. The owners of the interests in the well each agree to exercise such prudence and conservation in order to allow for efficient and beneficial use of the well, and to avoid burdening the aquifer and well pump unnecessarily. 9. In the event that any governmental or judicial authority imposes future requirements or restrictions on the Cedar Hills Well No. 2 or its use by any of the owners of the interests in the well, the parties agree to cooperate to comply with such requirements or restrictions so as to ensure a continuing water supply for each parcel. The parties further agree to share equally any costs associated with such compliance. 10. In the event that Cedar Hills Well No. 2 should ever run dry or fail for any reason, the owners of Lots 19 and 20 may decide either to rednll the well or else hook on to the Cedar Hills Ranch Subdivision central water system. Should the owners fail to reach a common agreement as to the remedy pursued, the Cedar Hills Ranch Homeowners Association shall be called upon to make such a decision and make such decision based solely on economic factors. 11. Notwithstanding Paragraph 10, above, the owners shall retain the right to connect to the Cedar Hills Ranch Subdivision central water system at any time at their own expense. Should either owner decide to connect to the central, system, the other owner may opt to continue using the well yet shall remain solely responsible for all costs and expenses related to the well and its attendant facilities. Should either party connect to the central system and the other continue use of the well, should that party continuing to use the well thereafter decide to connect to the central system also, that party would be responsible for sharing equally all actual costs for common facilities, together with simple interest at the rate of 8 percent per annum, borne by the other party in regard to the previous connection to the central system. 12. Owner No. 1 and Owner No. 2 shall not be subject to water assessments imposed by the Cedar Hills Ranch Homeowners Association until or unless connection to the central water system is activated. 13. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, devisees, executors, administrators, assignees, transferees and successors in interest. 14. The language used in this Agreement and all parts thereof shall be construed as a whole according to its plain meaning, and not strictly for or against any party. All parties have equally participated in the preparation of this Agreement. 15. If any covenant, term, condition or provision contained in this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such covenant, term, condition or provision shall be severed or modified to the extent necessary to make it enforceable, and the resulting agreement shall remain in full force and effect. FAF1TES\CEDARH1L3AG November I7, 1995 -3- 16. This document embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transactions contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are integrated and merged into this Agreement. 17. This Agreement may be amended from time to time by amendments made by the parties in written form and executed in the same manner as this Agreement. This Agreement shall be recorded with the Garfield County Clerk and Recorder and each party shall be responsible for one half of the recording costs. 18. The parties agree and intend that this Agreement shall run with the parcels of land described as Lots 19 and 20, Cedar Hills Ranch Subdivision, Garfield County, Colorado, and be a burden and benefit upon those properties. 19. This Agreement may be executed in duplicate original counterparts, each of which shall constitute an original but all which shall constitute one and the same document. 20. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the appropriate parties. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States Mail with the proper address. 21. The terms of this Agreement, and the obligations, duties, responsibilities and benefits thereunder, shall survive closing on any conveyance of real property described herein, and shall not merge with the deed or other conveyance documents. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth next to their signatures. Date; Date: F:1FILESICEDARHtL.3AG November 17. 1995 -4- OWNER OF LOT 19 Address: OWNER OF LOT 20 Address: STATE OF COLORADO ) ss. COUNTY OF ) Acknowledged, subscribed, and sworn to before me this day of 1995, by WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO COUNTY OF ) ss. ) Notary Public Acknowledged, subscribed, and sworn to before me this day of 1995, by WITNESS my hand and official seal. My Commission expires: F:1Fi1FS1CIDA,Rt4_3AG Novcmber 17. 1995 -5- Notary Public DECLARATION OF PROTECTIVE COVENANTS FOR CEDAR HILLS RANCH SUBDIVISION THIS DECLARATION OF PROTECTIVE COVENANTS FOR CEDAR HILLS RANCH SUBDIVISION is made and entered into this day of , 1995. ARTICLE I PURPOSE OF COVENANTS These Covenants shall govern and be applicable to that certain real property situated in Garfield County, Colorado, known as Cedar Hills Ranch Subdivision, as defined and described in the Final Plat (hereinafter "Final Plat") therefor recorded in Book ` at Page — as Reception No. in the office of the Clerk and Recorder of Garfield County, Colorado. It is the intention of Norm and Laura Clasen and Spring Creek Land Company, a Colorado limited liability corporation (hereinafter "Declarant"), expressed by its execution of this instrument, that the lands within Cedar Hills Ranch Subdivision be developed and maintained as a highly desirable scenic residential area. It is the purpose of these Covenants to preserve the present natural beauty and character of the property along with the views and setting of the Subdivision to the greatest extent reasonably possible, and the lots therein shall always be protected as much as possible with respect to uses, structures, landscaping, and general development as permitted by this instrument. These Covenants shall be a burden upon and run with all of the lands within the Cedar Hills Ranch Subdivision. ARTICLE II OWNERS - HOMEOWNERS ASSOCIATION 1. Membership. All persons or other entities (hereinafter referred to as "Owners") who own or acquire the title in fee to any of the lots in Cedar Hills Ranch Subdivision by whatever means acquired shall automatically become members of Cedar Hills Ranch Homeowners Association (hereinafter "Association"), a Colorado non-profit corporation, in accordance with the Articles of Incorporation of Cedar Hills Ranch Homeowners Association, which shall be filed with the Colorado Secretary of State and recorded in the real estate records of the Garfield County, Colorado, Clerk and Recorder, and as the same may be duly amended from time to time and also filed with the Colorado Secretary of State and recorded with the Garfield County Clerk and Recorder. There shall be one (1) vote per lot in the Association. 2. Purpose. The Association shall be authorized and empowered to take each and every step necessary or convenient for the implementation and enforcement of these Covenants. The Association shall have the right and responsibility to maintain, preserve, repair, insure, and. otherwise protect and promote the interests of the Owners with respect to all common properties and interests of the Owners and the Association. The Association shall maintain, repair, and keep all roads, bridges, and easements in good, safe, and usable condition to the extent that such may be reasonably necessary and desirable. The Association shall own, operate, maintain, CAFILEN CEDAR. I FC Navem&ar 17. 1995 repair, and replace the potable water system serving the Subdivision, as well as enforce all applicable ISDS design requirements. The Association shall be authorized to enter into agreements with third parties for the maintenance, repair, and upkeep of roads, bridges, accesses, common areas owned by the Association, utilities, and the water system. All costs and expenses associated with preserving, maintaining, repairing, protecting, insuring, and otherwise dealing with roads, bridges, easements, utilities, water system, and Association property and interests shall be borne by the Owners and shall be assessed, all as more fully provided herein. ARTICLE III USE RESTRICTIONS 1. Permitted Uses. Only one (1) single-family dwelling, together with structures appurtenant thereto, shall be constructed on any lot in the Subdivision. The minimum size of a residential, single-family dwelling shall be 1,800 square feet, exclusive of open porches, decks, carports, and garages. The maximum size of any residential, single-family dwelling shall be 6,000 square feet, exclusive of open porches, decks, carports, and garages. 2. Duplexes/Multi-Family Structures. Duplexes, guest homes, and multi -family structures are prohibited in the Subdivision. 3. Outbuildings. Pursuant to the approval by Garfield County of the Final Plat as evidenced by Resolution No. in Book at Page , Owners of Lots 1,4, 9, 14, 16, 18, 19 and 20 will be permitted to build barns on those lots. No barn shall exceed 1,500 square feet nor be in excess of 20 feet in height. All barns must comply with the Garfield County Rules and Regulations and Architectural Committee review. The barns shall be for the sole purpose of housing and accommodating horses with no lot to exceed the maximum of three (3) horses (see Article V.2.). Greenhouses shall be permitted within the Subdivision, provided that they do not exceed 500 square feet. Auxiliary buildings such as tool sheds, work areas, detached garages, and the like shall be permitted so long as any individual outbuilding does not exceed 1,000 square feet. No greenhouse or auxiliary building shall exceed 12 feet in height. When necessary to mitigate or screen unsightly property, variances, approved pursuant to Article 1V.5., applying to size and height of the outbuilding may be granted by the Architectural Committee. No barn, greenhouse, or auxiliary building shall be used for any commercial purpose nor shall they contain living facilities or kitchens. The location of all outbuildings shall be approved by the Architectural Committee, whether or not located within an approved building envelope. 4. Modular/Mobile Homes. No modular, mobile, or manufactured homes shall be constructed within the Subdivision. This prohibition shall not apply to construction trailers which shall be permitted for eighteen (18) months from the date of commencement of construction, or until the issuance of a certificate of occupancy, whichever first occurs; provided, however, construction trailers may only be used for construction, office, and storage purposes and shall not be occupied as a residence for any period of time. All other trailer homes shall be prohibited. CAFILESICIDAR.1PC November 17. 1995 -2- 5. Existing Structures. All existing structures located within the Cedar Hills Subdivision, including without limitations the existing modular homes and mobile homes and all outbuildings are hereby exempt from the provisions of Article W; provided, however, in the event such structures are destroyed, replacement of such structures shall be subject to Article IV; provided further, that any improvements, additions or modifications to such structures shall be subject to review and approval pursuant to Article IV. ARTICLE IV ARGHITEC I,TRAL + OMMr1mE 1. Architectural Committee. The Architectural Committee (AC) shall be composed of between three (3) and five (5) natural persons. Prior to Declarant's sale of eighteen (18) lots in the Subdivision, Declarant may appoint the members of the Architectural Committee which may include officers, directors, or shareholders of Declarant, in Declarant's sole discretion, and the Board of Directors of the Homeowners Association shall have no authority to remove any member so appointed. Upon the sale of the last lot in the Subdivision, or at an earlier time as determined by Declarant, the members of the Architectural Committee shall be appointed by the Board of Directors of the Association. The persons serving on the Architectural Committee shall serve at the pleasure of the Board of Directors who may remove a member of the Architectural Committee, except a member appointed by Declarant, and appoint a new member at any time, provided there shall at all times be at least three (3) persons serving on the Architectural Committee. The members of the Architectural Committee may also be directors of the Association and need not be Owners. The Architectural Committee shall have and exercise all the powers, duties, and responsibilities set out in this instrument. 2. Approval by Architectural Committee. No improvements of any kind, including but not limited to dwelling units, garages, barns, accessory buildings, swimming pools, ponds, parking areas, fences, walls, driveways, antennae, satellite dishes, and walks shall be constructed, erected, altered, or permitted to remain within the Cedar Hills Ranch Subdivision, nor shall any excavating, tree cutting, and clearing or landscaping be done within the Cedar Hills Ranch Subdivision, unless the complete architectural plans and specifications, and a site plan showing the location and orientation thereof, for such erection or alteration and landscaping are approved by the Architectural Committee prior to the commencement of such work, except as Declarant may be specifically permitted to do by these Covenants or required to do by any subdivision improvements agreement between the Declarant and Garfield County. Revegetation of all infills and cuts will be required. Plans addressing the revegetation of infills and cuts will be submitted to the Architectural Committee prior to any excavation. At least three (3) complete sets of the architectural and site development plans and specifications shall be submitted to the Architectural Committee along with a complete list of all exterior materials and colors to be used. All copies of the complete plans and specifications shall be signed and dated for identification by the Owner or the Owner's architect. The Architectural Committee shall have the right to request whatever additional specification information, plans, reports, and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may C:TILESACEDAR. IPC November 17. I995 -3- adopt rules and regulations which shall specify the information, reports, plans, specifications, and the like required to be submitted to the Architectural Committee. In the event the Architectural Committee fails to take any action within forty-five (45) days after three (3) copies of the complete architectural and site development plans, specifications, materials, and colors have been submitted to it and the submittal has been certified in writing by the Architectural Committee as complete, then all of such submitted architectural plans shall be deemed to be approved. The Architectural Committee shall not unreasonably disapprove the architectural plans. The majority vote of the members of the Architectural Committee shall be required for approval of plans. In the event the Architectural Committee shall disapprove any architectural plans, the person or entity submitting such architectural plans may appeal the matter to the next annual or special meeting of the members of Cedar Hills Ranch Homeowners Association where a vote of seventy-five percent (75 %) of the members' votes entitled to be cast at said members' meetings shall be required to change the decision of the Architectural. Committee. 3. Improvements - Site Location. No structures or improvements, other than fences, shall be constructed within those shaded areas shown on the map attached hereto as Exhibit A and incorporated herein by this reference, which areas shall remain as open space. Pre -approved points for building sites for the primary dwelling structures for each lot shall be identified on the Final Plat and monumented on the property. All building locations within approved envelopes shall be verified by staking and certification by an R.L.S. Site review by the Architectural Committee for the primary dwelling structure is not necessary so long as the structure, excluding open porches, decks, carports, and garages, is located within the identified building envelope, subject to county setback requirements. Site locations for the primary dwelling structures and all accessory buildings which are not within the pre - approved building envelope must be reviewed by the Architectural Committee. Site review for all other structures and improvements must be undertaken by the Architectural Committee. Site locations are subject to Article IV.6.a. herein. 4. Building Permits. An Owner may apply for a building permit from the Garfield County Building Department at any time; provided, however, the plans approved by the Building Department shall not differ in any substantial way from the plans approved by the Architectural Committee. If the plans approved by the Building Department differ in any substantial way as determined by the Architectural Committee, then all approvals of the Architectural Committee shall be deemed automatically revoked. 5. Variances. The Architectural Committee may, by an affirmative vote of a majority of the members of the Architectural Committee, allow reasonable variances as to any of the covenants and restrictions governing architectural control contained in this instrument and/or policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require. No variance shall be granted which contravenes any provisions of these Covenants required by an approval obtained by Declarant from Garfield County for Cedar Hills Ranch Subdivision or which violate the Garfield County Land Use and Building Codes. No variance shall be granted without written notice of the request for such variance provided ten (10) days prior to the hearing for said variance to all lot Owners within the CAFILESICEDAR.1 PC November 17. 1995 -4- Subdivision. Notice to such lot Owners shall be deemed complete when placed in the United States Mail, first-class postage prepaid, to the last known address for each lot Owner as provided to the Association. 6. General Requirement. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping, and alterations within Cedar Hills Ranch Subdivision harmonize to the greatest extent possible with the surroundings and with other structures as to design, materials, color, sitting, height, grade, finished ground elevation of neighboring lots, and other design features. The Architectural Committee shall strive to protect the seclusion and view of each lot insofar as possible (taking into account final buildout of all lots in the Subdivision) in the development of Cedar Hills Ranch Subdivision pursuant to these Covenants and shall endeavor to protect and preserve the visual character of the property and preserve and maintain the trees in Cedar Hills Ranch Subdivision. A. Soils and Foundation Report. and Grading and Drainage Plan. Prior to the issuance of a building permit by Garfield County, a lot Owner shall cause to be prepared and submit to Garfield County and the Architectural Committee a soils and foundation report, an independent sewage disposal system design, and a grading and drainage plan prepared by a professional engineer. All improvements and structures shall be constructed in accordance with the recommendations and conditions of such report and plan which are included by Garfield County as conditions of the building permit or are made requirements or conditions of the approval of the Architectural Committee. B. Materials and Landscaping. In its review of any proposed development activity, the Architectural Committee shall evaluate, among other things, the materials to be used on the outside of buildings or structures, including exterior colors, location with respect to topography and finished grade elevations, and harmony of landscaping with the natural setting and native trees and other vegetation within Cedar Hills Ranch Subdivision. The Committee shall encourage "xeriscape" landscaping which emphasizes the use of indigenous foliage and decreased water consumption. Each lot shall be allowed to irrigate a maximum of 1000 feet of grass, except those lots which have been given approval for using irrigation water from the Roseman Ditch. C. Site Location. The Architectural Committee shall exercise its judgment to preserve to the greatest extent possible the natural characteristics of each lot and all natural vegetation, including trees and bushes and the natural setting of each building site. The Architectural Committee must approve the location of all structures and improvements to be located on each lot (except as provided above in Article TV.3). D. Fencing. The Architectural Committee must approve all fencing prior to installation. Barbed wire and chain link fencing shall be prohibited. Only wooden and metal fencing shall be permitted within the Subdivision, with limited exceptions pertaining specifically to gardens, kennels, corrals, or other C:ML SICEDAR1PC November I7 1995 -5- elements where a wooden or metal fence would not serve the purpose desired, whether it is to keep animals in an enclosed area or to keep wildlife out of an enclosed area. The type and location of all fencing must be approved by the Architectural Committee. One basis for consideration by the Architectural Committee of fencing will be how it affects wildlife. Fencing shall not exceed forty-two (42) inches in height, shall not have more than four (4) horizontal poles, and the bottom pole shall be at least eighteen (18) inches off the ground. E. Wildfire. The Cedar Hills Ranch Subdivision Architectural Committee shall follow the recommendations of the Colorado State Forester wildfire prevention guidelines, specified by the pamphlet "Wildfire Protection in the Wildland Urban Interface" prepared by the Colorado State Forest Service (CSFS #143-691) attached hereto as Exhibit B, wherever practical, in granting approvals for construction of residences and other structures submitted to it for approval. The Architectural Committee shall, wherever practical, incorporate the guidelines set forth in that pamphlet into the plans approved for lots in the Subdivision to protect the Subdivision, and all of the buildings constructed therein, from the danger of wildfire. The Architectural Committee will consider the guidelines in the most current wildfire publication by the Colorado State Forest Service. No shake or "treated" shake roofs will be allowed in the Subdivision. Metal roofs or other fire resistant roofs will be required. Siding of all structures shall be either (1) constructed of fire retardant materials or materials "treated" to be fire retardant, or (2) have an internal sprinkler system for fire protection. F. Water Mew. The Homeowners Association will provide domestic water from its well system to all residences constructed within the Subdivision, with the exception of Lots 1, 19, and 20, which will receive their water from already existing wells. Each Owner shall be responsible for providing a water metering system acceptable to the Homeowners Association and the Architectural Committee for the purpose of metering water usage. Such meter must be placed in a location which provides reasonable access, on the outside of the residence, for purposes of reading the meter to determine charges based upon usage. A maximum and a minimum amount of water may be determined by the Association and changed as necessary. G. Lighting. The Architectural Committee shall consider exterior lighting plans and will recommend that all exterior lighting (with possible exceptions for lighting necessary for safety) be directed towards the applicant's property and consist solely of down lighting. It will also recommend that all lot Owners make every effort possible to limit the use of exterior lighting at night. It shall encourage Owners to build in such a fashion that all light sources not be directly visible from outside of the Owner's property. The intent behind these considerations is to preserve the rural character of the Subdivision by limiting exterior lighting as much as possible while maintaining a safe atmosphere. C:1FILESICEDAR.1PC November 17. 1995 7. Preliminary Approvals. Lot Owners who anticipate constructing improvements on lands within Cedar Hills Ranch Subdivision may submit preliminary sketches of such. improvements to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least three (3) sets and should contain sufficient general information on those matters required to be in the complete architectural and site development plans and specifications to allow the Architectural Committee to grant an informed preliminary approval or disapproval. The Architectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural and site development plans, specifications, materials, and colors are submitted and approved or disapproved. The preliminary approval is offered as an accommodation only, and the Architectural Committee may set fees for this service. 8. Architectural and Site Development Plans. The Architectural Committee shall. disapprove any architectural and site development plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by these Covenants. 9. Architectural Committee Not Liable. The Architectural Committee shall not be liable for damages to any person or entity submitting any plans for approval, or to any Owner or Owners of land within Cedar Hills Ranch Subdivision, by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such plans. The Architectural Committee shall have no liability or responsibility for any representations made to any Owner or prospective Owner by any third parties. The decisions of the Architectural Committee shall be governed by these Covenants and any rules or regulations duly adopted by the Architectural Committee pursuant to these Covenants. 10. Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all approved applications, including one (1) set of the final approved architectural and site development plans, and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this instrument. 11. Authority to Promulgate Rules and Regulations. The Architectural Committee may promulgate and adopt rules and regulations necessary to implement these Covenants. These rules and regulations may include submission requirements concerning the type of information, reports, plans and specifications, and other information necessary to make an informed decision regarding requests for development, modifications to buildings, and the like. ARTICLE V PROPERTY USE RESTRICTIONS AND PROTECTIVE COVENANTS 1. No Further Subdivision. No lot described on the recorded Final Plat of Cedar Hills Ranch Subdivision shall ever be further subdivided into smaller lots or conveyed or encumbered in less than the full dimensions as shown on the recorded Final Plat of Cedar Hills Ranch Subdivision; provided, however, conveyances or dedications of easements for utilities if approved by the Architectural Committee may be made for less than all of one (1) lot. c:IF1L E5\CEDAR.1 PC November 17, 1995 -7- Notwithstanding the foregoing, a lot line adjustment between two (2) Tots in Cedar Hills Ranch Subdivision shall be deemed a permitted subdivision, subject, however, to any reviews or disapprovals that may be required by the Garfield County Land Use Code and to the prior approval of the Architectural Committee. 2. Domestic Animals. Except as expressly limited herein, domestic animals shall be permitted within the Subdivision and shall be subject to any rules and regulations which may be promulgated by the Board of Directors or Garfield County. A lot Owner shall be entitled to keep a maximum of one (1) dog on his property. Dogs shall be kept under the control of the owner at all times and shall not be permitted to run free or to cause a nuisance in the Subdivision. No dogs shall be allowed beyond the boundaries of the lot owned by the persons where the dog is housed unless accompanied by a person in full control of such dog. Dogs shall be leashed, chained, fenced, "electric fenced," kenneled, or housed at all times. Location of kennels shall be subject tQ review of the Architectural Committee. The Homeowners Association shall have the right to assess and enforce penalties against Owners violating these restrictions applying to dogs as follows: One Hundred Dollars ($100.00) for the first violation committed by an Owner's dog, and One Hundred Dollars ($100.00) plus an additional Fifty Dollars ($50.00) for each subsequent violation, such that the fine increases in Fifty Dollar ($50.00) increments for each succeeding violation. If any dog commits four (4) violations or any dog is caught chasing or molesting deer, elk, or any domestic animals, the Homeowners Association shall be authorized to prohibit the property Owner from continuing to maintain the offending animal on the Owner's property. Areas where an Owner keeps any animals shall be kept reasonably clean and free of refuse, insects, and waste at all times. No commercial animal breeding activities of any kind shall be permitted within the Subdivision. Notwithstanding the foregoing, no animal(s) may be kept within a lot or a dwelling which, in the good -faith judgment of the Board of Directors, result(s) in any annoyance to residents in the vicinity or to lot Owners within the Subdivision. Except as expressly limited herein, domestic animals shall be permitted subject to any rules and regulations which may be promulgated by the Board of Directors. No farm or ranch animals shall be permitted to be boarded within the Subdivision, including but not limited to cattle, poultry, sheep, goats, llamas, ostriches, etc. Horses will be allowed on designated lots within the Subdivision. Those lots on which horses shall be allowed include Lots 1, 4, 9, 14, 16, 18, 19 and 20; provided, however, no horses may be kept on such lots until a barn has been constructed pursuant to Article IlI.3 of these covenants. The maximum number of horses allowed on any of the lots shall be three (3)- 3. Underground Utility Lineg. With respect to the new construction or extension of any utilities, all water, sewer, gas, electrical, telephone, cable television, and other utility pipes or lines within the limits of Cedar Hills Ranch Subdivision shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any areas of natural C;WILES ICEDAR 1PC November 17. 1995 -8- vegetation or terrain in Cedar Hills Ranch Subdivision disturbed by the burying of utility lines shall be revegetated by and at the expense of the Owner or Owners causing the installation of the utilities no later than the next growing season following installation. 4. Mining. Dr fling. or Quarryjng. Mining, quarrying, tunneling, excavating, or drilling for any substance within the earth, including oil, gas, minerals, gravel, sand, rock, and earth, shall not be permitted within the limits of Cedar Hills Ranch Subdivision. Individual wells shall not be permitted on any lot, and no Owner shall be permitted to drill for water on his lot, unless prior approval shall have been obtained from the Architectural Committee. 5. Trees. No Owner shall remove any healthy, living trees without first having obtained the approval of the Architectural Committee. All construction, landscaping, and development on any lot shall seek to minimize the removal of trees and to preserve the natural trees and vegetation to the greatest extent possible while bearing in mind wildfire considerations. 6. Shiny Materials. No building or improvements shall contain exterior roofs or siding materials which are reflective or shiny. 7. Hunting. Hunting shall be prohibited within the Subdivision. With the approval of the Homeowners Association, and upon prior consultation with the Colorado Division of Wildlife, a lot Owner may, consistent with the requirements of law, destroy or remove wildlife which constitutes a nuisance. 8. Number and Location of Buildings. No buildings shall be placed, erected, altered, or permitted to remain on any lots except as approved by the Architectural Committee. 9. Completion of Construction. Any construction activity on any lot in Cedar Hills Ranch Subdivision shall be completed, fully cleaned up, and landscaped within eighteen (18) months from the issuance of a building permit, unless the lot Owner shall first obtain a variance from the Architectural Committee to allow for a longer period of construction upon proof of due diligence. In the event a variance is not secured and eighteen (18) months from issuance of a building permit has passed, the Association may assess penalties in any amount it deems appropriate. 10. Enclosure of ilnnightly Facilities and Equipment. All unsightly structures, facilities, equipment, and other items, including but not limited to those specified below, shall be enclosed within a solid structure sufficient to screen such things from view from the common roads and neighboring homes to the greatest extent possible. Any motor home, trailer, boat, truck, tractor, motorcycle, snow removal or garden equipment, and any similar item shall be kept at all times, except when in actual use, in an enclosed garage. Any refuse or trash containers, utility meters, propane tanks, fuel storage tanks, or other facilities, service area, or storage pile shall be enclosed within a structure or appropriately screened from view by planting or fencing approved by the Architectural Committee and adequate to conceal the same from neighbors, streets, and private roads. No lumber, metals, bulk materials, scrap, refuse, or trash shall be kept, stored, or allowed to accumulate on any lot except building materials during the course of construction and only C;IFfIESI CE©AR IPC Nwomber 17, 1995 -9- for such reasonable periods of time as are necessary prior to the collection of or disposal thereof. 11. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or sounds shall be conducted or transmitted upon any portion of the Cedar Hills Ranch Subdivision at any time nor shall anything be done or permitted which may be or become a nuisance to other property or to the Owners thereof by sight or sound. 12. Fireplaces. No more than one (1) Colorado certified woodburning stove may be allowed per lot. Woodburning fireplaces are prohibited. Woodburning stove uses may not be transferred from one lot to the next. Gas -burning fireplaces shall be encouraged and allowed within the Subdivision. 13. Fences. All fences shall be constructed pursuant to Article IV.6(D). Furthermore, any fence constructed for pasture purposes shall be composed of wire and shall be constructed pursuant to Colorado Division of Wildlife specifications. Property owners shall be required to provide their own fencing to protect any haystacks on their property. The Colorado Division of Wildlife shall not be liable for any damage to gardens, flowers, shrubs, trees, or any other greenery caused by the actions of any wild game. 14. Open Space. All open space within the Subdivision (Lots 2 and 13) shall be restricted to recreational uses only and shall not be used for residential purposes. The deeds conveying Lots 2 and 13 to the Association shall reiterate this provision. 15. Firearms. The discharge or shooting of firearms is prohibited in. Cedar Hills Ranch Subdivision except as may be permitted by rules and regulations promulgated by the Board of Directors of the Association. 16. Unauthorized Vehicles. No snowmobiles or all -terrain vehicles (ATVs) shall be allowed to be used within the Subdivision. 17. Satellite Dishes. Satellite dishes shall be allowed within the Subdivision. Location and size of all satellite dishes shall be subject to Association approval. 18. Commercial Activities. No commercial activities shall be permitted on any lot in the Subdivision. The storage of materials, goods, equipment, and other items used or associated with commercial activities shall not be permitted on any lot in the Subdivision; provided, however, personal vehicles with a business name placed thereon shall not be prohibited. Owners shall be permitted to maintain an office within their residences so long as it does not provide services to the public which result in the public going to and from such residence on a regular basis. 19. General Restriction. All lots in the Subdivision shall comply with restrictions contained in any other section of these Protective Covenants. C:IF1IESICEDAR 1 PC November 17. 1995 -10- ARTICLE VI WATER SUPPLY AND WATER RESTRICTIONS Irrigation Water and Rights. A. Irrigation Rights. Declarant will convey to the Homeowners Association the following irrigation water rights: 22 shares of the Roseman Ditch (a/k/a Thompkins Ditch) which rights shall be held by the Association for use pursuant to this Article VI(1). Six (6) lots within the Cedar Hills Ranch Subdivision will be allotted rights to irrigation water, the source of which will be the Roseman Ditch. The six lots to receive such irrigation rights are Lots 1, 3, 16, 18, 19 and 20. All water rights referred to in this paragraph shall be appurtenant to the lots and may not be conveyed or transferred separately therefrom. The Association may also irrigate Lot 2 (open space) pursuant to this Article VI(1). B. Rotation Schedule. Unless agreed to otherwise by these six lot Owners and the Board of the Association, the irrigation water available to each lot will be determined by a rotation schedule. The six lots will be entitled to irrigate from the ditch: Lots 16 and 18: 1 1/2 days per week; Lots 19 and 20: 1/2 day per week, Lots 1, 2 and 3: 1 day per week. The Owners shall reach a mutual agreement regarding which days of the week are designated to each lot for irrigation. If the Owners fail to reach an agreement, the days for irrigation will be determined randomly by the Homeowners Association. C. Ditch Maintenance. Each of the six lot Owners, as well as the Homeowners Association on behalf of the open space, shall bear the cost of operation, maintenance, repair, and replacement of the irrigation system in accordance with their pro rata right of use as set forth in Article VI(1)(B). C:WUEs10EDAR.1PC Navanber 17, 1995 The Owners shall consult with each other regarding operation, maintenance, repair, and replacement of the ditch and, to the greatest extent possible, shall reach unanimous decisions regarding such costs; however, an agreement of a majority of the Owners, including the Association, is sufficient to make decisions in this regard. Any improvement to the ditch exceeding the amount of $500.00 requires the prior approval of a majority of the seven parties involved. In an emergency situation, any Owner may make a decision concerning the ditch and act thereon, so long as the other Owners are given notice of such action within a reasonable time. All Owners shall keep an accurate account of the costs and expenses incurred in operation, maintenance, repair, and replacement of the ditch and, upon the completion of the work, shall deliver to each of the other Owners an itemized statement of such costs and expenses. The Owners shall measure the water taken from the ditch, and a measuring device will be installed. Flood irrigation is the accepted method of irrigation on the -11- ditch. The Owners agree that the ditch shall be maintained in good order and repair, ready to receive water by April 1 of each year, so far as can be accomplished by the exercise of reasonable care and diligence. The Owners shall construct the necessary outlets in the banks of the canal or ditch for a proper delivery of the water to other Owners, and the location of the same shall be at the most convenient and practicable points consistent with the protection and safety of the ditch for the distribution of water among the Owners. D. Special Assessments for Irrigation Water. Prior to each annual meeting of the Board of Directors of the Homeowners Association, the six Owners of Lots 1,3, 16, 18, 19 and 20 and the Board, on behalf of the Subdivision open space, will convene and discuss the costs involved in the operation, maintenance, repair, and replacement of the ditch for the previous year. Assessments due on ditch stock certificates will be divided equally among the six Owners and the Association at such time. As special assessments may be levied from time to time in connection with the Subdivision irrigation water, the Association shall maintain records of such accounts, yet keep a separate accounting of any costs incurred in connection with routine operation, maintenance, repair, and replacement. All provisions of Article VI shall be applicable to said assessments. E. Lien for Ditch Assessments. All Owners shall promptly pay any and all assessments for costs of operation, maintenance, repair, and replacement of the ditch in the proportions set forth above. In the event that such assessments are not paid promptly, the co-owners of the ditch shall have a lien pursuant to C.R.S. §38-23-101 seq. , which may be enforced pursuant to said statute. 2. Subdivision Water System. A. Water Supply. Water will initially be provided to seventeen (17) of the twenty (20) lots planned for the Subdivision from two wells on the property, known as Cedar Hills Well No. 3 and Cedar Hills Well No. 4. Well No. 4 has not yet been constructed. Augmentation releases will be made through a Ruedi Reservoir contract with West Divide Water Conservancy District. No more than twenty (20) single-family lots shall be created within the Subdivision. c:WILES EDAx.1rc November 17. 1995 The Association shall have the power and authority to require each lot Owner served by the subdivision welts, at their sole expense, to install a meter pursuant to Article IV.6(F), to measure all water use by that lot and/or curtail or restrict, as deemed necessary by the Association, water usage by a lot Owner from Cedar Hills Well Nos. 3 and 4. The Association's authority to meter and/or curtail water usage in the Subdivision shall be utilized to ensure that the total diversions for the Subdivision from the Association's well(s) for in-house uses and lawn and garden irrigation do not exceed 8.32 acre-feet per year, no more than 1.26 acre- feet per year to be used for irrigation purposes. Said water supply is based on an assumption that there will be no more than twenty (20) single-family homes in the Subdivision, with in-house water use totaling approximately 350 gallons per -12- day per house. Total annual diversions for each of the seventeen (17) houses served shall not exceed .49 acre-feet and lawn and garden irrigation shall be limited to 1,000 square feet per lot per year. Should any of the independently served lots ever connect to the central system new annual in-house diversion limits will be configured. Nothing herein shall be deemed to preclude irrigation from other water rights. B. Independent Wells, It is anticipated that all lots within the Subdivision will be served by a central well water system, with the exception of three lots: Lots 1, 19, and 20, on which the existing houses have been historically served by individual wells independent from the central well system. Lot I will be served by the well on Lot 1 (Permit No. 176514; Colorado Division of Water Resources) which shall be solely responsible for the cost of operation, maintenance, repair and replacement. Lots 19 and 20 shall be served by the well located on Lot 19 (Permit No. 175363; Colorado Division of Water Resources) and the cost of operation, maintenance, repair and replacement shall be pursuant to that certain well sharing agreement recorded herewith simultaneously. Although these residences are served by individual wells, they shall retain the option to connect to the central well water system at their sole expense (Lots 19 and 20 shall share equally the common portion of the pipeline connection. Until connection to the central well water system, the Owners of Lots 1, 19, and 20 shall not be subject to water assessments imposed by the Homeowners Association pursuant to Article V I.1. C. Water Pressure. Lot Owners are hereby advised that Lots 6, 7, 8, 9, 10, 11, 12, and 17 within the Cedar Hills Ranch Subdivision will require individual pumps at the expense of the Owner to ensure that adequate water pressure from the Association's water supply system is maintained. D. Ponds. A drainage detention pond shall be located on Lot 3 and shall be maintained and repaired by the Association. A second pond shall exist on Lot 16 for fire fighting purposes and shall be maintained by the lot Owner. If the Owner fails to maintain or repair said pond, the Association shall have the right, after notice, to come onto the land and maintain or repair the pond at the Owner's expense. ARTICLE VII COLLECTION OF ASSESSMENTS - ENFORCEMENT 1. Assessments. All lot Owners shall be obligated to pay any assessments lawfully imposed by the Board of Directors of the Association. To the extent the Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things: expenses and costs of maintaining, repairing, and plowing of roads within and accessing the Subdivision; expenses for maintaining, improving, and preserving the Association's common property; expenses of the Architectural Committee; and c:1F11YS CEDAR.1 PC November 17. 1995 -13- insurance, accounting, and legal functions of the Association. Such assessments shall be deemed general assessments and shall be borne pro rata by all Owners. Assessments for water and water -related services shall be assessed separately due to the non-use of central system water by some lots. Accordingly, until connected to the subdivision's central water system, Lots 1, 19, and 20 shall be exempt from water assessments, and such assessments shall be borne pro rata by the remaining Owners. The Board of Directors may establish contingency and reserve funds for the maintenance and improvement of the Association's common property and any other anticipated costs and expenses of the Association to be incurred in pursuit of its purpose. Contingency and reserve funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his pro rata portion of these funds. As used herein, an Owner's pro rata portion of common expenses shall mean a fraction formed by the number of lots purchased and held by the lot Owner (numerator) and the number of lots in the Subdivision (denominator). The Board of Directors shall have the right during any calendar year to levy and assess against all of the Owners a special assessment for such purpose or purposes, in accordance with these Covenants, or the Articles or Bylaws of the Association, as may be necessary. Such special assessment shall be paid for in equal portions by the Owners obligated to pay such assessment and shall be due and payable as determined by the Board of Directors. 2. Lien for Non -Payment of Assessments. All sums assessed by the Board of Directors, including without limitation the share of common expense assessments chargeable to any lot Owner, any fines which may be Ievied on a lot Owner, and unpaid utility fees and assessments charged to a lot Owner shall constitute a lien against such lot superior (prior) to all other liens and encumbrances, excepting only: A. Tax and special assessment liens on the lots in favor of any governmental assessing unit. B. All sums unpaid on a first mortgage of record, including any unpaid obligatory sums as may be provided by encumbrance. C. Each Owner hereby agrees that the Association's lien on a lot for assessments has hereinabove described shall be superior to the Homestead Exemption provided by C.R.S. §38-41-201 et seq,, and each Owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any lot within Cedar Hills Ranch Subdivision shall signify such grantee's waiver of the homestead right granted in said section of the Colorado statutes. D. Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Board of Directors, and the Board of Directors may impose a late charge on such defaulting Owner as may be established by the Board. In addition, the Board of Directors shall be entitled to collect reasonable C: TILES \CEDAR_ 1PC November 11. 1995 -14- attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien, the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the Owner of the lot, and its legal description. Such a notice shall be signed by one (1) member of the Board of Directors and shall be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting Owner's lot by the Association in like manner as a mortgage on real property, upon the recording of a notice of claim thereof. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys' fees. The Owner shall also be required to pay to the Association any additional assessments against the lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board of Directors, for the Association, shall have the power to bid on the lot at foreclosure sale and acquire and hold, lease, mortgage, and convey same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an Owner personally to collect any monies owed the Association. 3. Enforcement Actions. The Association, acting by and through its Board of Directors, shall have the right to prosecute any action to enforce the provisions of all of these Covenants by injunctive relief, on behalf of itself and all or part of the Owners of the lands within Cedar Hills Ranch Subdivision. In addition, each Owner of land within Cedar Hills Ranch Subdivision, including the Association, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these Covenants. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. The Board of Directors shall be entitled to assess penalties for late payment of assessments due the Association and to collect interest thereon at rates to be determined from time to time by the Board of Directors but not to exceed 1.5 percent per month. After thirty (30) days, written notice to any Owner of a violation of these Covenants, and the Owner's failure to eliminate or cure said violation, the Association may levy, in addition to the other remedies set forth herein, a penalty of $25.00 per day for every day the violation exists or continues after the expiration of said 30 -day period. 4, Limitations on Actions. In the event any construction or alteration or landscaping work is commenced upon any of the lands in Cedar Hills Ranch Subdivision in violation of these Covenants and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one-year limitation shall not apply to injunctive or equitable relief against other violations of these Covenants. ARTICLE VIII EASEMENTS 1. Easements Shown on Final Plat. The Association is entitled to use such easements as are reflected on the Final Plat for the Subdivision. Except by agreement with a property Owner, the Association shall have no obligation to pay any amount for the use and enjoyment C:IFTLESICEDA3L T PC November 17, 1995 -15- of such easement. The Association shall pay for the cost of maintaining and repairing any improvements which it places on any easements. 2. Well Easements. The Association is entitled to certain water rights for the construction of wells within the Subdivision as is reflected in Case No. (Water Division No. 5) which was adjudicated on , 19, in the District Court in and for Water Division No. 5. The Association is granted easements for the construction, operation, maintenance, repair, and replacement of such wells, water lines, water storage tanks, and other facilities as shown on the Final Plat and for the construction and location of well houses, water lines, and other equipment and improvements necessary to utilize such water rights. 3. Easements for Access and Repairs. The Association shall be entitled to an easement across any of the lots within the Subdivision for the purposes of accessing any of the Association's property, protecting any Association property, or for necessary repairs or emergency circumstances. The Association may access all lots within the Subdivision at reasonable times to determine compliance with the conditions of approvals of the Subdivision granted by the Garfield County Commissioners and to determine and enforce compliance with all of the provisions of these Covenants. ARTICLE IX COMMON PROPERTY 1. Mail and Trash Area. Room for a trash facility has been reserved in the "Mail and Trash Area" provided on the Final Plat should the homeowners elect to pursue trash service. Should the Homeowners Association elect to construct a trash facility, said facility shall be entirely enclosed, including a roof and doors with adequate latches to prevent wildlife from gaining access to the facility, in an all -wooden structure built to embody the quality of the Cedar Hills Ranch Subdivision. The structure shall be stained or painted a color harmonious with the natural surroundings and hidden from view as much as is reasonably possible. ARTICLE X INSURANCE 1. Types of Insurance. The Association shall obtain and keep in full force and effect the following insurance coverage: A. The Board of Directors, at its discretion, may elect to secure fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. B. Coverage for members of the Board and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, C:1FI ESLCEDAR.1 PC November 17. 1993 -16- errors and omissions, and other forms of liability generally covered in officers and directors liability policies. C. Coverage against such other risks of a similar or dissimilar nature as the Board deems appropriate. ARTICLE XI GENERAL PROVISIONS 1. Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the Iands in Cedar Hills Ranch Subdivision, and the benefits thereof shall inure to the Owners of the lands in Cedar Hills Ranch Subdivision and the benefits, and burdens of all said covenants shall run with the title to all of the lands in Cedar Hills Ranch Subdivision. 2. Termination of Covenants. In the event these Covenants have not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained, these Covenants may be terminated on January 1 of the year 2036 by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association. If these Covenants are not so terminated, then they shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a 25 -year period, the Covenants are terminated by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association at a meeting of the members duly held. In the event of any such termination by the members, a properly certified copy of the resolution of termination shall be placed on record in Garfield County, Colorado, not more than six (6) months after the meeting at which such vote is cast. 3. Amendment of Covenants. These Covenants may be amended by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association, said vote to be cast at a meeting of the members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado, no more than six (6) months after said meeting. 4. Applicability of Colorado Common Interest Ownership Act. Pursuant to C.R.S. §38-33.3-116, the Cedar Hills Ranch Subdivision is subject to all provisions of the Colorado Common Interest Ownership Act ('" CCIOA "), as the average annual common expense liability for each individual Owner is believed to be greater than Three Hundred Dollars ($300.00). In the event of a conflict between the Covenants and the CCIOA, to the maximum extent permitted by law, the provisions of the Covenants shall control. 5. Severability. Should any part or parts of these Covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. C FIL.ESICEDAR.1PC November 17, 1995 -17- 6. Paragraph Headings and Underlining. The paragraph headings and underlining within this instrwnent are for convenience only and shall not be construed to be a specific part of the covenants contained herein. 7. Limited Liability. The Association and the Board shall not be liable to any part for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith without malice. The Owners severally agree to indemnify the Association and the Board against loss resulting from such action or failure to act if the Association and the Board acted or failed to act in good faith and without malice. 1N WITNESS WHEREOF, this Declaration of Protective Covenants for Cedar Hills Ranch Subdivision has been executed as of the day and year first written above. By STATE OF COLORADO ) ) ss. COUNTY OF DECLARANTS: Norm Clasen Laura Clasen SPRING CREEK LAND COMPANY A Colorado Limited Liability Company Manager Acknowledged, subscribed, and sworn to before me this day of 1995, by Norm Clasen, Laura Clasen, and , as Manager, on behalf of Spring Creek Land Company. WITNESS my hand and official seal. My Commission expires: C:IFTLES'CEDAR.1PC Novcmbcr 17. 1995 -18- Notary Public LOYAL E. LEAVENWORTH CAROLYN M. STRALrrMAN CYNTHIA C. TESTER LEAVENWORTH & ASSOCIATES, P.C. ATTORNEYS AT LAW November 17, 1995 Mr. Eric McCafferty Garfield County Building and Planning 109 Eighth Street Glenwood Springs, CO 81601 1011 GRAND AVENUE P.O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7338 Re: Cedar Hills Ranch Subdivision: Roseman Ditch Prescriptive Easement Dear Eric: We represent Norm Clasen and the Spring Creek Land Company. The Roseman Ditch, an extension of the Thompkins Ditch, runs through the Cedar Hills Ranch Subdivision. While our client did not receive a deeded right-of-way or easement pertaining to the ditch upon his purchase of the subdivision land, he did acquire from the previous owner a prescriptive, non- exclusive easement to the ditch for his own use. Currently, there are three other co -tenant owners of non-exclusive prescriptive easements located down the ditch from the subdivision. Our client has already built a road over the ditch upon his property in the location shown on the preliminary plat, by constructing a culvert underneath the road to direct the water in a fashion that will not interfere with the historic flow of the water within the ditch in any way. Mr. Clasen's engineers will confirm this point. Whenever there is ownership of property subject to an easement, there is a dichotomy of interests, both of which must be respected and which must be kept, as nearly as possible, in balance. Osborn & Caywood Ditch Co. v. Green, 673 P.2d 380, 383 (Colo. App. 1983). In attempting to achieve this balance, one must be mindful that on the one hand, the owner of the land burdened by an easement has a qualified right to put his property to any lawful use for which it may be adapted, but that in exercising this right, must not unreasonably interfere with the superior right of the person possessing the easement. Id. Conversely, the owner of the easement may do whatever is reasonably necessary to permit full use and enjoyment of the easement, including the exercise of rights of ingress and egress for maintenance, operation, and repair. The exercise of these appurtenant rights, however, may not expand the scope or extent of the easement. Id. If a ditch easement arises by prescription, the dimension of the access right to maintain the ditch is that which is reasonably necessary. Id. at 382. Accordingly, a landowner whose C.1F1LE51MCCAFFE.1 LT LEAVENWORTH & ASSOCIATES, P.C. Donald K. DeFord, Esq. Page 2 November 17, 1995 land a ditch runs through has a qualified right to cross and to take equipment across the ditch in order to reach his property which lies on the other side, so long as he does not unreasonably inhibit other easement owners' ability to access and maintain the ditch, and so long as he does not damage the ditch structure. Id. at 383 (citing Harding v. Pinello, 518 P.2d 846 (Colo. App. 1973)). Therefore, our client is justified in building a road (including the emergency access easement) over the Roseman Ditch upon his property, provided he does not reasonably inhibit the other prescriptive easement owners' rights in regard to access, maintenance, repair, etc. of the ditch. The construction of the road across the ditch does not interfere with the other easement owner's ability to access or maintain the ditch, nor does it alter the historic flow of the ditch waters. As in Osborn, a dichotomy of interests exists between the construction of the road and proper ditch access. Using the Osborn balancing test, our client's ability to construct the road is warranted not only because he may put his property to any lawful use for which it may be adapted, but also because the construction still permits the full use and enjoyment of the easement by the other easement holders. Therefore, in light of the efforts that will be taken by our client to maintain the ordinary condition of the ditch upon his land, he has the right to construct a road across the Roseman Ditch upon such land. The various balancing tests contained within Colorado case law concerning prescriptive easements and their uses favor our client in this particular matter. If there are any further issues or concerns you may have in regard to this matter, please feel free to contact me directly. LEL: rin cc: Don DeFord, Esq. Norm Clasen Tom Zancanella High Country Engineering C;W LES LMCCAFFE.1LT Very truly yours, LEAVENWORTH & ASSOCIATES, P.C. Cedar Hills Subdivision Physical Water Supply Location Map Well 3 Pump Test Report Zancanella and Associates Well 3 Pump Test Peer Review Groundwater Specialists Fire Protection Review ❑on Zordel Location Map 5500 --� `''Well 1 fic-,Well 2 - • ' 0---s----:.1--- . - - - - - ,--- ..7-,... ' -- _� Well 3 r —\._ ______.:25,-. . 'WARE — - —, r AND �° Well 4 Nis __l_:::: it I • • e- a ::\\: .. i A Znncanolla & Assoclatas, Inc, Engineering Consultants P.O. Box 1908 1005 Cooper Ave.. Glenwood Springs, CO 81 602 I._.. RIO_ FIGURE 1 Cedar Wills Ranch Location Map Scale 1" =1000' Well 3 Pump Test Report Zancanella and Associates P.Q. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 Z/INC+4NELL4 4N0 4S5O04 TES ,ENGINEERING CONSULT4NT5 July 26, 1995 Revised November 16, 1995 Norm. Clasen Cedar Hills Ranch P. 0. Box 1155 Basalt, Co 81621 Re: Cedar Hills Ranch Well #3 Dear Norm: (970) 945-5700 (970) 945-1253 Fax At your request, Zancanella and Associates, Inc. made arrangements to pump test the Cedar Hills Well #3 to determine its long term safe yield. The well is located in the SE1/4 of the NE1 /4 of Section 1, Township 6 South, Range 92 West of the 6th P.M. The approximate location of the well is shown on the attached site map (Figure 1). The static water level in the Cedar Hills Well #3 on June 16, 1995 was 73.17 feat below the top of the well casing. The well was drilled to a total depth of 160 feet and was completed in the Colorado River Alluvium. The static water level in the Cedar Hills Well #3 will provide approximately 86.8 feet of available drawdown. This is a substantial amount of available drawdown. The well was tested on June 16, 1995 by Samuelson Pump Company. A Goulds 1-1/2 hp pump powered hy ars electric generator was installed for the test. A pumping rate of 23 gpm was selected and the well was pumped continuously for a 21 hour period. The drawdown and time data collected during the test is presented in Table 1. We have plotted the data in a drawdown vs. time curve for Well #3 and have presented the curve in Figure 2. The well drawdown stabilized after approximately 220 minutes of pumping,. The well continued to be pumped in the stable water level condition for the remainder of the 21 hour pumping period_ The pumping level at 23 gpm stayed well above the pump intake during the pumping lest. If the well continues to pump at the same water level that was established during the test from 220 minutes to 1260 minutes, the well would be able to pump indefinitely at the 23 gpm rate with the water level remaining above the pump intake. (Figure 2) Page 1 • • ,4) 7 • 1'• . 0 1 R,`1JUell 'i We11 2 • If_ N._ 1 i n Zancanella & Associates, Inc:. Eli JlneetIn!J Consultants P.O. Box 1008 1005 Cooper Ave. Glenwood Springs, CO 81002 • • A Well 3 1 mss▪ ` HiNvS if I it !1 FIGURE 1 Cedar Hills Ranch Location Map Scale 1" 1000' CEDAR 1 -TILLS I1ANCI I WELL 113 PUMPING TEST DATA I)AI1 TIMI= WA11.11 IIl1Aw 11'1/11. 11 I )1V 17 1 1' 1!1' a 16 .191 95 01 51 I'M 73 17 1) 0 10 --Jun 115 01:57 PM 76 13 6 0 1 23 GPM 18--J1111 95 01.58 PM 00 75 7.6 2 23 GPM 10 --Jun '15 01:59 PM 01.42 11.3 3 23 10 -Jim -- 05 02:00 PM 01.03 0.7 4 23 10-J99--95 02:01 PM 02.13 0.0 5 23 10-J011-95 02-02 PM 02.13 0 2 0 23 16 .rice 65 02.04 1'1.1 112 110 0 3 0 23 10 .160e 05 62116 1'M 07 113 9 5 10 23 16 Jim 65 02.116 I'M 0211 11 5 12 23 10-J011 95 02:11 PM 03 17 100 15 23 GPM 10 -Jur[ --95 02:10 PM 03.17 10 0 20 23 18-J1111-195 02:20 PM 83.42 103 30 23 10 -Jun -95 02:38 PM 03 42 10.3 40 23 10 -Jun -05 05:30 PM 03.00 10.4 220 23 Ib -.Pim -60 00.00 PM 03.6] 105 424 23 17 - J011 65 10.55 AM 03 50 111 3 1259 23 CI=I)Ari 1II1.LS Ii/NCI1 WELL l/;I I I1:COVLI IY .IES DMA, 14A113 WA11'11 1)I1AW LEVEL DOWN 1 1' Ur a 17-Jiin-95 10:50 AM 83.50 10.3 1200 0 0 GPM 17 -Jun -95 10:57 AM 77,13 4.0 1261 1 1201.0 0 I7 -Jun -F'S 11:00 AM 76,17 2.0 1204 4 310.0 0 17- .ruin 11'i 1 1:111 AM 74 Irl I.7 1205 5 263.0 0 17-J99 0•i 11:03 AM 74 07 1.4 1207 7 101.0 0 17-.I00 u1 11:07 AM 74 +1.' 1-3 1271 11 116.E 0 17 -Jun -'15 11:17 A1.1 74.[1[1 0.9 1201 21 01.0 0 17 -Jun -95 11:27 AM 73.03 0.7 1291 31 41.0 0 )l'.I..1..t1 Page 3 CEDAR HILLS RANCH WELL 3 DRAWDOWN c71 =� l � f7Y (133J) N OCiMVUCi 8 4,4 MIN UM r— MO M— MI OM I— — — MI 1-- I -10 30 -40 <-60 -70 80 CEDAR HILLS RANCH WELL RESIDUAL DRAWDOWN { Toil Available Drawdown 90 1 85.8 Feet 10 100 TIME tit' 1cf.f.4 100 FIGURE 3 Recovery data fur the well was collected for a 30 minute period after pumping had stopped. The recovery data is also presented in Table 1. The recovery plotted as residual drawdown is shown in Figure 3. Based on the residual drawdown curve, the well displayed positive recharge characteristics, or in other words the well was recovering at a rate greater than it was pumped. This was likely caused by the influence of the nearby irrigation ditches and springs. Table 2 presents the water diversion requirements for 20 units (18 residential and 2 open space lots). Although not required, we have provided for the two open space lots as though they were residential units (350 gpd) in anticipation that the Future homeowners will have some small recreational uses on these Tots (2, and 13). We have assumed that each residential unit will have 3.5 people, each using 100 gallons per person per day. In addition, we have assumed that each unit will it rigate up to 1000 ft' of lawn and garden from the water system. Based on the above assumptions the peak diversion month would occur in July and the average monthly demand would be 0.980 AF /month or 7.2 gpm. The entire 20 units will require a larger instantaneous peak demand than can be provided for by the well alone. On site storage of 60,000 gallons of domestic storage and 40.000 gallons of pond storage will be adequate to supply peak domestic and fire storage demands. It is our opinion that with proper storage the well will be capable of serving the development's domestic needs and some limited outside irrigation needs (1000 ft2). We recommend that the lots utilize the existing irrigation ditch to the greatest extent possible for outside irrigation. We also recommend that a second well be constructed to provide mechanical reliability to the system. The second well should be constructed at approximately 75% of build out of the subdivision. We believe that the water system can be constructed in phases with two small pressure storage tanks. The well and water system can be constructed to serve up to 6 Tots without the construction of on site storage; however fire fighting water would have to be obtained from the existing on site pond. Lots 1, 18 and 19 are currently being served by an existing well system that has served the parcels for many years without reported problems to our knowledge. Lot 1 has an existing residence that has been using an exempt domestic well (permit #175363) to serve the residence. The well was constructed in March, 1994 with an estimated production rate of 12 gpm. Well #2 has historically served two existing residences located on Lots 18 and 19. Because of the distance from the central system, Mi. Clasen proposes to serve Lots 19 and 20 from the existing Well #2 and serve Lot 18 horn the central system. Well #2 was constructed under well permit #176514 and was decreed in water court case W-1203 with a priority date of April 21, 1967. An easement has been provided so that if necessary at the owner's expense, a service connection could be made to the central water system. The proposed augmentation plan provides for all lots in the subdivision to be serviced out of either the central water system or the individual wells. The individual well per nits would be relinquished at the time the permits augmented by the West Divide contract aro issued.. Page 6 (values in acre feel DATE: O7,25135 ..i C] rCi ID 113 .- f[1 [7 1) i51 * 1 C7 C7 1�) 0 Q o 2 O /•a ti: fv sal "r ttf rR [i xl is ci cf to ea S7 C7 -CV ri co UV G1 I l (V 1} 1"a (.1 r 3 (1 C) O 6 O C7 6 1111 la t1 17 tl N . f* 17 (+ 1l (1 1_ x rr u1 x1 c 0 `r7 C3 0 CI C3 CV CV ri 4 0 `b' o 0 U CD c0 C7 ca CV 0 • © o o © o 0 C ( 0 10 0 C3 0 v 0 b C [a C 0 c 0 .. W n til ii a C l r1 C1 n r� rl f�1 %l rr 1� 11 1' �: li r.. U h t1 LI L t}a t7 ( ,l r1 11 (a () or it r1 fi ^' Ili '^k ra 114 e' u C tY CI [7 Li c! to es et et 11 l: 1. 6. C0 tP C3 0 [7 (J c7 t7 C,1 l (] ri li 11 rJ _ V ii O n c C 11 IIl �1 () N o 0 aw61 l E r9 1a 71)yy ) prcya -a D. 3 o Ca gi o n �l u�j) n 4 0 U UE 1 =r C N c' n E "" n' i] [] as rJ it Cf C 1.11 X1 C t] C o yy o o _1 r7 6 0 Ci 0 0 (1 t'1 (3 0 n 0 C1 n 41 Pl WI C c i 1 1 _{° c al C771 t 3 10 as 3 CTj C) -i iii a Iii _ i" i ii' - i7 as iii n [i n r7 n ra rr [� r1 rii ui to r. 1 13 (a 1 t 1 t o f`1 r'1 l5 1,1 1 1 t;l O �, U il 1.a € U 0 o u o r'a Co t 1 (3 11 o 1J (] O 0 O 6 O t] t] C7 0 [1 1] C7 0 E 8 E ° 0 0 0 0.+ ,7Q .- rp O11 rl to O In q 01 to n .-- .• CIpp l'i CD U °' Ui 0 (a (i 0 O Ci 0 (3 (3 r7 O Eo. o I f1 ( illF! (7 © Cl O ❑ Cy C3 G1 4 C] Q )'- 8 t-. r7 t°1 It1 111 f- 11 1+ r1 �.. LLi sr! Ul f` as, Ur t11 1U al r- 47 U1 (_i CT iCi 0 a C1 0 (3 r] 0 (] Q f7 1- 0 fA e 111 1 1 r(7� 1,1 1�a1 t�,'7 Il Il Il 0 I Edl l7 es Ll W. C'1 Al E) -a § § b G o § § § ti Lti IS p I> 1.1 r1 1,.1 (1 W.0 (.l rl C7 A C1 6666066660 (3 Cy [7 al o O 'sl a. .- c it! Cl. 111 ca 0a .0-' 11QC3111111COOLQ a Q 'C 41 4. C O O 12 Q O S7 ID 30 C] 0} 4 111 0gl 3 L7 e 3 (06(33 P o o (a 00 L10ri z -c 0 .f1 1, R1 21..1 f8°2O 90n,9910'r U [0a ca t�l La tl L) L1 C1 t U 0000000(3(3(3(0 ° 0 to m 10 N 7 G (3 C P. .t 0 Q O 0 ' ice. CI Fes. IU l{l 01 Ill 10 W ei1 10 (0 01 t[] CO C3 O ID 0 0 0 o O C7 d C7 0 0 m r (3 0 0 u1 al h Iu .c°. ab 1-® A _ i*11 E E gig. - e 1n a U — 2. y C .d ' h }" a• i: 43 r a -1-1.cu7CiZ 0 4C Nilo 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Phase 1 of the water system would be to construct the pump house and a pressurized water system to serve lots 3,4,14,15,16, and 18. Lot 1 will be served by an individual well; Lots 19 and 20 will share an existing well. The first phase will provide a fire proter:tinrr water supply for Lots 1,2 (open space), 3, 41, 14, 15, 16,18, 19, and 20. The first phase will in ()vide a fire hydrant connected to air existing pond on Lot 16 coupler) with the proposed pressurized well pump systern. We believe that this water system will be adequate to serve Phase 1 of the Cedar Hills subdivision. Phase 2 of the Cedar Hills Subdivision will provide for the remaining lots through a 6 inch water line and a 60,000 gallon domestic water storage tank. Fire protection needs will be met through the use of the fire hydrant connected to the pond on Lot 16 and an additional fire plug connected to the 60,000 gallon domestic ware' tante. Phase 2 will provide a fire protection water supply for lots 5, 6, 7, 8, 9, 10, 1 1 , 12, 13 (open space), and 17, as required by the Burning Mountain Fire Protection District. We feel that there is an adequate water supply that can be developed to serve the proposed 18 units and two open space lots. Finally, water samples of the pumping discharge were taken from Cedar Hills Ranch Well #3. Table 3 lists the water quality test results from Well t!3 for the Colorado Department of Health maximum contaminant levels for inorganic chemicals (IOC's). The Water Quality Control Division of the Colorado Department of Health regulates the maximum contaminant levels for inorganic chemicals (IOC's). As you can see, the Cedar Hills well passes all of these parameters. Table 1 Colorado Department of Health Maximum Contaminant Levels for Inorganic Chemicals (IOC's) Contarninant MCL in mg/L Cedar Hills WeII#3 mg/L Arsenic 0.05 0.003 Fluoride 4.0 2.71 Asbestos 7 million fibers\liter <2 million fibers\liter Barium 2 0.04 Cadmium 0.005 0.0000 Chromium 0.1 0.003 Mercury 0.002 0.0000 Nitrate 10 (as Nitrogen) 0.02 Nitrate 1 (as Nitrogen) <0.01 Total Nitrate + Nitrite 10 (as Nitrogen) 0.02 Selenium 0.05 <0.002 Page 8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Table 1(curt"t) Colorado Department of Health Maximum Contaminant Levels for Inorganic Chemicals (IOC's) Antimony 0.006 <0.001 Bei yllirrrii 0.004 <0.001 Cyanide (as free Cyanide) 0.2 <0.002 Nick& 0.1 <0.001 Thallium 0.002 <0.001 Water quality tests were also performed for Pesticides, Herbicides, and Radioactive Particles (see Appendix A), all of which were within the levels that are regulated by the Colorado Department of Health. Turbidity is regulated in surface waters. The turbidity of this well was in excess of the surface water standard. We expect that the turbidity in the well will decline with additional pumping; if not, cartridge filters may be required. In addition, several other water quality parameters were tested (see Appendix A); however, these parameters are only recommended standards for a community water system and are not regulated. We have continued to monitor the water level in Well No. 3 to determine its seasonal variability. The well was originally tested on June 16, 1995. At that time, the static water level in the well was 73.17 feet below the top of the well casing. During the period when the 21 hour puriiping test was conducted between June 16 and June 17, 1995, the total drawdown in the well was 10.3 feet. The well was pumped at a rate of 23 gallons per minute, which is approximately three times the average annual daily demand of the subdivision (7.5 tlpm). The well pump test drawdown carve appeared to stabilize at this rate. This would indicate that the well could be pumped lung term at a rate of 23 gallons per minute. It is my opinion that this well is adequate to serve the proposed Cedar Hills subdivision. Figure 1 in Appendix B is a graphical representation of the water level in Well No. 3 since June 16, 1995. From this graph, you can see that the available water in the well has steadily increased since the pumping test. It is our opirriorr that conducting a supplemental pump test at a water level higher than the one that was observed in the initial test would only serve to show that the well has greater capacity than was originally demonstrated. We propose to continue to monitor the water level; if the water drops to a depth greater than 75 feet below ground level, then we would propose to perform additional testing. As long as the additional testing demonstrates a well capable of yielding 8 gpm or more, then it is our opinion that this well is adequate to serve the needs of the 18 residential units and the two (2 and 13) open space lots. Contrary to the fart that one well is capable of serving the subdivision, we recontntend that a second well be constructed to provide mechanical reliability to the water system. Page 9 If you have any questions, please feel free to contact our office at 945-5700. Very truly yours, Zancanella and Associates, Inc. Thomas A. Zancanella, f'. E. cc: Dave Robbins / Roger Neal TA Z4i I I t95 213.2 w fr1 M p l Page 10 Appendix A Pago 11 1 1 1 1 1 Received from: SSA' JOHN G.KEPIIART & CO. GRAND JUNCTION LA11011.211,pl[g 433 NORTH AVIiNUE • P#iuNi2.• A.ruirne*I. RLruttr Zancanel 1a1 & A ::loc '. T. ♦,edict, Glenwood Spr i rlti:; , CO (9701945-5700 Customer No. Laboratory No. 3711i. 6/211/95 Date Received GRAND JUNCTION, COLORADO 411501 Sample wr,tftr Date Repurlixt n/1/95 jab. number 3702 1..i011tri for Drinking :i'i#'1�1r acted ample I Q Clasen Well l,y Colo. Dept. I lora 1 1. l i Garfield Cty Jhiiit, 17, 1 99h 1rsenic (As) Barium(Ba) admium(Cd) hromium(Cr) luor.ide (F) Lead'(Pb). F'' u(NR) .rate (N) Selenium(Se) i 1,ver (Ag ) alor(Co/Pt unit) iionduct ivi tyr@25 de rt . C odium(Na) alcium(Ca) Magnesium(Mg) Ftassium(K) hloride(C1): ulfate(SO4) h>Aenol. Alkaliriity(CaCOt3) tal lkal ini ty(CaC(_131 i carbonate (HCO3) Carbonate (CO3) 115 7esolved. Solids rdness (CaCO3) urbidi ty (NTL_i) tron.(B). PPer(Cu) on(Fe) Manganese (Mn) lybdenum (Mo ) lrnonia (N) Ilinc(Zn) 1 0.003 0 ria 0.0000 (1 . 011:1 2.71 0.001 0.00000 4.79 ©.00I0 0.0000 1'1 7_7 14(i(1 =1-111 .�i 5.2 I2 21).5 Ii b04 I_;1ti (1 1(1:111 32 1 ~+ 0.000 0.0iI1 (1 on (1.fl15 0.(115 (1.20 0.09 6.00k mg./ -'1. rrlq 41 mg/1 met /A mg/1 mg/..l mctJ1 mg/.1 mg/1 page 1 of 2, (1.I1:'1 0.01 1).05 4 (1.115 0.002 10.-0 1'1 01 0.05 125 250 2S0 51(1(1 ;.:00 1 mg/1 mg/1 mg/1 ir1q/1 mg/1 mg/1 mg/l. mq/1 mg/1 mg/1 no C tit.inl .limit` no offic1.11 1iullt no c' i f 'I (: `I n I 1 r ill i I relit/1 no otf3c1et1 11w11. mcg/1 no ot.ticzal 1111111 mg/1 1i Ici / I no 0Er`3t:ira1 I Buhl. nn ciI l.101rtt 1 lIn1I no official 1111,11 no official 1 IIIIlt. mg/1 ma/1 no official l iml1 , 1 (1 moil 11...3 mci/ I (1.115 mr1./ 1 no official 1 riii'Il no of 1'10101 1 1 l i l i 110 t it oia 1 1 111I11 , 5.0 111g/ 1 Ldb i±ir r1.in_ licence. • — JOHN C. KEPIEHART & CO. 1 GTJ11 JUTITi1[]RMO 135 NORTH AVENUE • O 1 1 1 1 1 1 1 1 1 1 1 1 FLecelvetl from: 0 GRAND JUNCTION, COLORADO 9[501 ANALYTICAL REPORT CarIcC3[t#�11ct 4cind Algitocto1',oe • r T. 1.rilttr';- : PO k3ux i906/100 Cooper Ave•. G l enwcrerd Springs. CO 81.602 • =3702 Customer No.. Labotatury No Svnple water . rate ltecerved --- - . - 1 Clasen! {•7'C r t 1 t, I d County. Juno 1 ', . 1 995 Herbic-td' : 2,4-D 2,4-5TP ` Peeitjcids : F:ndri n Lindane Methoxychlor Toxaphene 1 1 Data <0,000( Mg/•1 <0.000/, 1trq /".1 ‘0,6044411 ia1fT/ 1 '� ll 1 1 111 11 I 14011 ..w . 11 # 1 1 1 <0.0U.4 11 tCJ./ 1 J - t+Va,Cert.. f.3)9i is . r set by Co I h. Delp{.. of kir=:a 1 1.1y 0 . "1 'cr.' I 0.01 mq/ 1 11,114 02. . 0(14 ii , tlil mg/ 1 6.005 Incli 1 I I 1 L i !• 1, 1# 11 NOTE: Limits given are from r .. 1 Ile Col ot` ailr:r i h -T41 . UI; ' isi I I Is 111 r tri; t CI 1 Wetter Tteaulationo,, 1991. " A+ i•tnc111..: "l e m than" 1.t1" 1 Cnone waFt #fir 1 >✓ r. I.rri } . page 2 of Director: B. Hauer ::COLORADO DEPARTMENT OF HEALTH • INORGANIC CHEMISTRY LABORATORY .4210 E 11TH AVE. DENVER, CO 20220 (303)691-4726 q'7 1 SAMPLE NUMBER: 9530A1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DATE: REPORTED BY: P1'IS I D g: SAMPLE DESCRIPT=ON: GRAND JUNCTION LAE\ FANCY BAUER ADDRESS : 435 NORTH AVE GRAND JUNCTION, CO 81EC1 LOLL E:TWD EY: WHERE: _: ZANC 3742 DATE RECEIVED: 0: �p / / R DATE ECEIVED: i /0C/✓5 CCTT: 250M a Y ? : 7 COMMENTS: ANALYSIS RESULTS ALPHA BETA SOLIDS, TOT. 65 14 1200 MCL = MAXIMUM CONTAMINANT LEVEL MSL = MAXIMUM SUGGESTED LEVEL NLE = NO LIMITS ESTABLISHED EAL = EPA ACTION LEVEL PC i / I vCr/L rng/L COUNTY PEiCtNE 02/0J/J5 JRS 3032427518 E=A t .!.lI T S MC! =50 pCi/L PCI / 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 HAZE N Zancanella & Associates Terri Lance P.O. Box 1908 G1eri ood Springs. CO 81602 'd Hazen Research, Inc. 4601 Indiana St. • Golden, Colo. 80403 Tel: (303) 279-4501 • Telex 45-860 FAX: (303) 278-1528 REPORT OF ANALYSIS TJ DATE HRI PROJECT HRI SERIES NO. DATE RECD. CUST P.O.§ September 28. 1995 002.960 I58/95 . 09/05/95 None Recd SAMPLE NO. I58/95-1 SAMPLE IDENTIFICATION: Clasen WAIL 3 in Garfield County. 08131/95 @ 1700 by Samuelson Pump Co. PAPAm7,IER Grass Alpha(Preaision*).pCi/1 (T) Gross Alpha(-?recision*).pCi/1 (T) Gross Beta(±?recision*),pCi/1 (T) Uranium.mg/1 (T) Uraniun.pCi/1 (T)** CODES: arial 29(_'2) 5(±12) 0(±14) 0.025 24 (T)=iota! (0)=Dissolved (S)=Suspended (R)=Recoverable (PD)=Potentially Dissolved <=Less Than CETECIIC`i LIMIT r 7 9 3 EPA 900.0 3 EPA 900.0 20 EPA 900.0 0.002 ASTH 02907 1 ASTM 02907 By: ANALYSIS FITE TI1 09/20/55 09/20/95 09/20/95 09/26/95 09/26/95 Robert Rostad Laboratory Manager *Variability of the radioactive disintegration process (counting error) at the 951 con sigma. Certification Authority Lab ID's: US EPA Region VIII - CG: CT - PH -0152; KY - 90076: NH - 232895-A: NY FLAP - 11417. **Uranium results reported assuming the activity of natural uranium is 6.77 x 10'7 Ci/g. ***Excluding Radon and Uranium. idence level. 1.96 x JOHN C. KEPIIART & CO. GRAND JUNCTION LARATQRft d35 NQRTN AVENUE • PHONE 2J2.7611 • GRAND JUNCTION. COLORADO 81501 Received from: C omes ` ). I).i RciL•6+e.1 Sample 10 8/95 ANALYTICAL REPORT Zancanella and Associates T. Lance PO Box 1908/1005 Cooper Ave. Glenwood Springs, CO 81602 4n37 Laboratory No.:.�_ — - Hale Reputi,i1 0 053 Clasen Well 3 Garfield County Oct. 17. 1995 5ampie _ Method 10/24/95 water Date Tested Nitrate(N) 0.20 mc:/i D3267-908 10/23/95 Nitrite(N) <0.01 mg/1 D3867 -9r08 10/18/95 Nitrate+Nitrite(N) 0.20 mg/1 D3867-908 10/23/95 Antimony(Sb) Selenium(Se) <0.001 mg/1 EPA 200.9 10/23/95 <0.002 mg/1 D3859 -93A 10/23/95 Beryllium(Be) <0.001 mg/1 EPA 200.9 10/23/95 Free Cyanide(CN) <0.002 mg/1 SM45C10F 10/23/95 Nickel(Ni) Thallium(T1 ) ASBESTOS: <0.001 mg/1 <0.001 mg/1 MFL* EPA 200.9 10/23/95 EPA 200.9 10/23/95 NIOSH 7400* 10/23/95 NOTES: "<" Means "less than" (none was detected, lower limit of detection is given) . References_ are: SM e "Standard Methods for the Examination of Water and Wastewater," 19th Ed., 1995. EPA = "Methods for the Chemical Analysis of Water and Wastes," 1983. "D" Methods from ASTM "Annual Hook of ASTIl Standards." *Asbestos by phase contrast microscopy, modified NIOSH 7400 method; MFL - million fibers >10 microns per liter. Director: P. Bauer Appendix B Page 12 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 zc. :11.0e., fly • ma, 4S, r 1.1, J 11 1.11 41 1 3 I 1 •$ Cedar Hills Ranch 'Neil -73 Well 3 Pump Test Peer Review Groundwater Specialists 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FROM : GROUNDWATER SPECIAL 1 S7'S I 1 II I u _ I It i. 3111 419-1 13122 P01 GROUNDWATER SPECIALISTS November 15, 1905 Mr. Eric McCafferty Garfield County Planning c/o Tota Zancanelia Zanearnelia and Associates P.O. Box 1000 Gleet woud Springs, Cu 81602 4730 Table Mesa 1)r.. Suite 1-34 Boulder. Colorado 80303 Phone 6t PAX (303) 494-8122 lte: Peer review of purnping test (1x1+3 for Cedar Ilius hunch Well No. 3 located in the SE NE ties. 1, T. 6 S., It. 92 W., 6th P.M., Garfield County, Colorado. Deur Mr. McCafferty Al 1lie request of Tour Zarueanella, Ground wete-r Specialists reviewed the pumping test data for Cedar lulls Ranch Well No. 3. These (luta are from a letter report (July 2.6, 1095) to Mr. Norm Clasen from Zanenrreelta and Associates. The letter report shows that the theoretical total available drawdown for this well is approximately 87 feet. The pumping test was enridltcted for 21 hours at a rate of 23 gallons per minute (spm). A stable drawdown or about 10 feet occurred approximately 16 minutes into the test and remained at or about that level until the end of the test. Assuming dial the well would operate aItout 16 hours per 24-hour day (67 percent), at n pumping rale of 23 spur tits well would provide approximately 22,000 gallons per day (gpd). Assuming a per capita wuter use of 150 gpd, 3.5 persons per household, the dema(ud for the 20 lois would be approximately 11,000 gpd. Assuming hydrologic conditions determined during the well least remain the same, Cedar hills Ranch Well No. 3 is capable of prerylila rig the quantity of water sufficient to support the proposed 20 single-family homes. A drawdown of 10 feet in the pumping test well is 11 percent of the theoretical available drawdown (87 feet), and if figure 9.11 (in Groundwater and Wells, 2nd edition) is used to compare well yield with di -is wduw ti, rt 11 percent drawdown produces it yield of 8bnt1t 20 percent of 11ies ruttxieurrrrr yield. Therefore, when Cedar 1l1l1s Hunch No. 3 weer Irtlrrspiril; ri1 23 gpur it was only pumping 20 1+e•ic rel of the taaxiutteur yie►Irl. 1f 111 is wC11 wetre purupea such dint the stabilized drawdown was 30 feet (34 percent of maximum drawdown), the yield would be about 55 percent of the maximum yield or approximately 63 gput. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FROM : GRO1 l[4IJt7TER SF EC I HL_ I STS Pitt tl ltE i it I. .St i S 494 U122 2 It is my professional opinion, based un my rt• vIl* w 41r tIee trumping I4:::1 Hulas provided by lnaet:aaaa•11a and Associates, tliiat cedar ltilla Manch No. 3 CUD pra)duce sufficient water to supply the proposed 20 lot development. The alluvial static water level should be monitored through Ilse winter, ~taring, and summer months in order to determine the lowest static Will el" level. This information should be lased as a check on the above theoretical discussion concerning the percent of maximum yield. The well water quality data indicates the alluvia] water can be used ii. the proposed developnient. The analyses suggest ea sodium bicarbonate type water. The reported sodium concentration of 340 utg/1 is high and probably should not be consumed by those with medical problems. However, eetteh home could he equipped with under the counter reverse osmosis units whish will removes most of the sodium and render the water drinkable. Total dissolved solids (TIS) are high (about 1,000 rug/]). However, the reverse osmosis unit will considerably lower the ThS. I also suspect that as the well is used and the turbidity of the water decreases the: TDS willl .els° decrease. If you have any questions, please call. Very truly yours, GROUNDWATER SPECIALISTS Milieus 1-I. lielli's, Cet; 3982 Il ydrogeologist P02 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Fire Protection Review 1 1 1 1 November 15, 1995 Mi. Eric ly Garfield County Planning and Zoning Commission 109 Eighth Street Glenwood Springs, CO 8160 1 1 11E: C:ttri.ii I lin..; Ranch (214 IIoad Gar field County) Dear Eric: We have met with representatives of the Cedar Hills Subdivision and have reviewed their proposal to prase the fire protection water supply for the Cedar Hills Subdivision. The first phase will provide a lir n pr otection orator supply fur lots 1,(2 open space). 3, 4, 14, 15, 16,18, 19, and 20. Tiro first phase will provide a dry hydrant as shown on sheet 7 of the preliminary plans. 1 have also attached a typical detail of the hydrant that will meet the 1 needs of the Burning Mountains Fire protection district. Burning Mountains Firo protection district wator supply needs for phase two of the Cedar 1 Hills Subdivision will be met through the use of the existing dry hydrant and two additional fire plugs connected to the 60,000 gallon domestic water tank as shown on sheet 7 of the Cedar Hills ptelirrrirrary plans. Phase two will provide a fire protection water supply for lots 5, S, 7, 8, 9, 10, 11, 12, (13 open space), and 17. 1 Thank You -%/6-11-j7j7 0", Donald L. ZordeI, Fire Chief 1 Burning Mountains FPD 1 1 1 1 II A,AMI! M IASIIIfWM Al I'1e 4•Id1UA1l I 1. 1 'IC AI 1 !WI 1 hi }ItiJ\ll 1 1 d.}I 1 I1 L 1%0 1 LU HUN NOT 10 SCALE t Mi[ tit 'WV 111111 ILL 11411 er i1 DRY 1 IYI. RAN I DETAIL WAIL UW O RLI 1lTImm 4, AM 1llttr Ib 4.0 Inlo rt. P0 tI 111 4 .r 1 it/01 w1 11111Vive1111 CEO4R HILLS RANCH SUBDIVISION 1011 re, IQ y01 1140 -1111 WOO A\QIR r usa r.. comes Imo 111u11LFI4, *MIT REIC1• pip 1 1 1 1 1 1 1 1 Legal Water Supply 1 1 1 1 1 1 1 1 1 1 1 Engineering Report in Support of the West Divide Augmentation plan Proposed West Divide Contract Legal Opinion Letters Dave Robbins Well No. 1 Well No. 2 Well No. 3 Well No. 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Engineering Report in Support of the West Divide Augmentation Plan 1 P.O. Box 1908 05Cooper Ave Glenwood Springs, IC0 81602 "As(\ Z'4NCANaL4 4140 45socIi4 rEs 44/ ENGINEERING CoNSULT414 July 26, 1995 Cedar Hills Ranch % Norm Clasen P.O. Box 1155 Basalt CO 81 621 RE: Cedar Hills Ranch Augmentation Plan Dear Norm: (970) 945-5700 (970) 945-1253 Fax At your request, Zancanella and Associates. Inc. has prepared the following Engineering Report in support of an augmentation plan for the Cedar Hills Ranch in Peach Valley based on the information you supplied. It is our understanding that the proposed development will be composed of the following:. A. Twenty Single Family Dwellings 1. Single Family Dwelling with 3.5 residents 2. Using approximately 100 gallons per day per person 3. 1 ,000 ft' of lawn and garden It is anticipated that all of the residences will be served by a central well water system, with the exception of three Tots on which the existing houses have been historically served by individual wells. We recommend that even though these residences are served by individual wells, they have the option at their expense to connect to the central water system. On that basis we have assumed that they will be part of the central supply. Figura No. 1 shows the location of Cedar Hills Wells #1-4. The central water system will consist of a main well and a backup well for mechanical reliability. It is not anticipated that the second well will be constructed until Phase 11 of the development is constructed. The legal descriptions for the water wells are contained in Appendix A. The proposed project will likely he served by an engineered septic system and leach field system. WATER REQUIREMENTS Table #1 presents the water requirements for the 20 EOl1s. We have assumed that each EGA will have 3.5 people. Each person will use 100 gallons per capita per day of in house water. In addition, it is estimated that each of the EORs will have at least 1,000 sq. ft. of Innwn and landscape irrigation. It is anticipated that tho arripntnrl aloe will utilize n spiinidor system with an approximate irrigation efficiency of 70%. Page 1 1.� 51307 k • o WARE • 1 t+ 1.3 AN Zancanella & Associates, inc. Engineering Consultants P.O. l3ox 1008 1005 Cooper Ave. Glenwood Springs, CO 81602 • • ' c We11 2 Well 3 1 -- Well-- Well 4 1 11 11 FIGURE 1 Cedar 1 -tills Ranch Location Map Scale 1" =1000' MI r MI MI I r MI ON M■ ■r all OM I r r MI r ME MI TABLE ZAN CAN ELLA & ASSOCIATES CEDARHILLS RANCH DATE: 07/26/95 January Febuary March Apra May June July August September October ;November December wAnn ual (values in acre feel] Diversion Domestic Commercial Lawn Open Space Pond In-house or Other Irrigation Irrigation Evaporation TOTAL (1) () (3) (4) (5) (6) 0.670 0.000 0.000 0.000 0.000 0.670 0.600 0.000 0.000 0.000 0.000 0.600 0.670 0.000 0.000 0.000 0.000 0.670 0.640 0.000 0.060 0.000 0.000 0.700 0.670 0.000 C250 0.000 0.000 0.930 0.640 0,000 0.320 0.000 0.000 0.960 0.670 0.000 0.310 0.000 0.000 0.980 0.670 0.000 0200 0.000 0.000 0.870 0.640 0.000 0.170 0.000 0.000 0.810 0.670 0.000 0.060 0.000 0.000 0.730 0.640 0.000 0.000 0.000 0.000 0.640 0.670 0.000 0.000 0.000 0.000 0.670 7.850 0.000 1.380 (1) # of EQR's # persons/residence # gafions,personlmy (2) # of EOR's t3) 5,4.F -tot Lawn Irrio35ort'Unit Team! Lawn Apptimnon ;ac} (4) Acres of Irrigated Open Space Open Space Appliabon feLa4 (5) Pond evaporation for isq 1t) 0.000 0.000 9230 20.00 3,50 100.00 0.00 1000.00 0.46 0.00 3.04 0.00 Consumptive Use Domestic Commercial Lawn Open Space Pond In -haus s or Other Irrigation Irrigation Evaporation TOTAL (7) (8) (9) (10) (11) (12.) 0.101 0.000 0.000 0.000 0.000 0.101 0.090 0.000 0.000 0.000 0.000 0.090 0.101 0.000 0.000 0.000 0.000 0.101 0.096 0,000 0.040 0.000 0.000 0.136 0.101 0.000 0.180 0.000 0.000 0.291 0.096 0.000 0.230 0.000 0.000 0.326 0.101 0.000 0220 0.000 0.000 0.321 0.101 0.000 0.140 0.000 0.000 0.241 0.096 0.000 0.120 0.000 0.000 0216 0.101 0.000 0.050 0.000 0.000 0.151 0.096 0.000 0.000 0.000 0.000 0.096 0.101 0.000 0.000 0.000 0.000 0.101 1.179 0.000 0.9800.000 0.000 2.158 (7) % CU for Domeskk (9) % CU for Commerciti (9) % Lawn Irrigation Efficiency Mnual Irrioalion CU iafiac) Eevalion ( (10) % Open Space Inn lion ticiency Annual irrigation CtJ (afiac) aevation (ft) 15.00 0.00 70.00 2.13 5500.00 70.00 2.13 55'00.00 (11) % CU for Pond Emporaion 100.00 Current pians for the waste water treatment for the development project call For septic tank and leach field system. Consumptive use from a typical system is estimated to be 15% of the in house requirement. Table #1 presents the water requirements for 20 EORs along with the depletions for both in house and outside irrigation uses. Consumptive use is the amount of water that is removed hy a water right From the stream system. Water must be used for a beneficial purpose such as irrigating pasture, or lawns and garden. In the future, the Cedar Hills Ranch will consumptively use water for domestic and irrigation purposes. The consumptive use caused by irrigation in the Silt area can be calculated by using regional climatic data and the Blaney/Criddle method for calculating consumptive use. The potential monthly consumptive use for lawn irrigation in the Silt area is listed below: AVERAGE UNIT CONSUMPTIVE USES" AF/AC April 0.09 May 0.41 Juno 0.49 July 0.47 Aug. 0.31 Sept. 0.26 Oct. 0.10 2.13 SInnoy/Criddla Motlu»t Ennio F lipott WowItor Mon WATER SUPPLY The water supply system demands for the project have been estimated to ho 9.23 AF per year. The system will divert 7.85 AF for domestic purposes, and approximately 1.38 AF for irrigation purposes. The water supply For the project wilt ho diverted from Well 1/3 and a backup Well 1E 4 shown in Figure 1/1. Tho locations of the wells aro contained in Appendix A. Page 4 AUGMENTATION PLAN To provide the legal right for the wells to divert as necessary to provide the water for the Cedar Hills Ranch, we recommend that the wells bo pumped under their junior decrees when they are in priority. No release will be necessary during these periods when a valid call Is placed on the Cedar Hills Wells. Augmentation releases will be made through a Ruedi Reservoir contract with West Divide Water Conservancy District. These releases will be made in accordance with the attached release schedule shown in Table 112. Table 112 should represent the maximum unit amount of water that would have to be released in a given month to compensate the Colorado River for consumption at the subdivision. We have also assumed 10% for transit loss. We believe that if the above recommendations are implemented there will ho adequate water to supply Cedar Hills Ranch and prevent injury to down stream water rights. The Cedar Hills Ranch Subdivision is located within Dram A as designated by the West Divide Water Conservancy District and the Colorado Division of Water Resources. Water systems that fall within the designated area A are eligible to utilize the preapproved temporary exchange plan until a permanent augmentation plan can he decreed by the Division 5 Water Court. The requirements of they exchange plan are: the applicant must augment diversions under the exchange plan until the water court application is approved. On that basis, we have prepared a draft West Divide contract Application for 9.23 AF of water for your review and npproval. If you have any questions, please call. Sincerely, Zancanella & Associates, Inc Thomas A. Zancanella, P.E. cc: Dave Robbins Roger Neal Enclosures Pogo !i TAZ/TL L/9Li2131Airppin.wpr TABLE 2 (Valves in Acre sect) ZANCANELLA & ASSOCIATES, INC. CEDAR HILLS RANCH DAT!!: ()7f26195 TOTAL RELEASE? CU SCIIEDULi3 + 10% January 0.10 0.01 0.11 Fobuory 0.09 0.01 0.10 March 0.10 0.01 0.11 April 0.14 0 0 0.15 May 0.29 0.03 0.32 June 0.32 0.03 0.35 July 0.32 0.03 0.35 August 0.24 0.02 0.29 September 0.22 0.02 0.24 October 0.15 0.02 0.17 November 0.10 0.01 0.11 December 0.10 0.01 0.11 Annual 2.1e 0.22 2.37 APPENDIX A The Cedar Hills Ranch Well it 1 is located at a point whence the SE '4 of the NE % of Section 1, Township 6 South, Range 92 West of the 6th P.M. bears a distance of North 22° 58' East for a distance of 2635.34 feat. The Well can be approximately plotted 2310 feet from the North Section Line and 1264 feet from the East Section Lino. The Cedar Hills Ranch Well # 2 is located at a point whence the SE 1/4 of the NE %. of Section 1, Township 6 South, Range 92 West of the 6th P.M. bears a distance of North 09° 02' 25" East for a distance of 2190.14 feet. The Well can be approximately plotted 2161 feet from the North Section Line and 363 feet from the East Section Line. The Cedar Hilts Ranch Well it 3 is located at a point whence the SE ' of the NE /. of Section 1, Township 6 South, Range 92 West of the 6th P.M. bears a distance of North 22° 1 8' 23" East for a distance of 2475.21 feet. The Well can be approximately plotted 2283 foot from the North Section Line and 951 feet from the East Section Line. The Cedar Hills Ranch Well #4 is located at a point whence the SE % of the NE 1/4 of Section 1, Township 6 South, Range 92 West of the 6th P.M. boars a distance of North 21° 18"26" East for a distance of 2563.01 feet. The Well can ho approximately plettotl 2381 feet from the North Section Line and 942 feet from the East Snciien Lino. Proposed West Divide Contract WEST DIVIDE WATER CONSERVANCY DISTRICT P. O. BOX 1478 RIFLE, COLORADO 81650-1478 625-1887 Officers President 876-2821 Kelly Couey 4745 C.R. 315 Silt, CO 81652 Vice President Samuel B. Potter 0598 C.R. 323 Rifle, CO 81650 Treasurer LaVerne Starbuck 3106 C. R. 342 Silt, CO 81652 Secretary/Water Manager 625-1887 Russell George. Attorney Stuver & George, P.C. P. 0. Box 907 Rifle, CO 81650 August 14, 1995 Norm C .sen P. O. ox 1155 Bas. t. CO 81621 Dear Mr. Clasen: Board of Directors Kelly Couey 4745 C. R. 315 Silt, CO 81652 William M. Zilm 0090 Sunlight Dr. Glenwood Springs, CO 81601 LaVerne Starbuck 3106 C.R. 342 Silt, CO 81652 Gregory Durrett 926 Blake Avenue Glenwood Springs, CO 81601 Samuel B. Potter 0593 C.R. 323 Rifle, CO 81650 On August 9, 1995, the Board reviewed your application for a water allotment contract and approved it contingent upon your providing the following: 1. Annexation into the district 2, Providing the District with the name and address of the central system owner 3. Preparation of an augmentation plan When the above requirements have been met your contract will be executed. Sincerely yours, Russell George g Attorney/Water Manager RG: jm ,,/fcc Zancanella & Associates ("ton! I'ett:1 111) . 11,118 111 1f",. p1."1"• eft 1 rv.ii" di I. APPLICATION AND DATA 1{1121.1 TO LEASE WATER 1•'1tff WEST DIVIDE WA'1'1•:I2 C"i1II.;1:i:'.1l,flc'r' 1)1:b'p'II11'•I' A. A1"1'I.ft'A?IT Iititne Norm t'. l .t:;t •1t Address p.n. Mox 1 1 9'r 1s.e:.,1 I I c'I I 11 1 1,.° 1 Telephone Number 970 / 927 411.1 1 Authorized Arent or. Itepvo wit .ii 1 vl) 1s. ldll'1.E12 RIG11'f' O'111?1t IIY A) I'1.W111)'I' Ramo or Right. 11 11411 11 1 1 1 :. I:. 1111'11 Ty111! 01 :;1 r 111:11111: tri It1silti 1+1k 1 I:. Local t; i oit 111' 1'1) 1 111. of 111 V1 I :, 1 1,1I ; i. . !11,pt •11.I 1 :: !1 .1 1 1 "11 `I11 .11 Water CotlrI: Wall Ira r'm 1 L• Ho. r . C. INTENDED 11S1? OF LEASED WATER, Location of Area of Ilse f'. N1'.; 1,1 Township it ,it )ti 1.li %dngP (17 WesL SectioI _l_a{!11 ii ritIi,I'I of-Townsh 1 p 6 : ota h Range 91 Mum -A- i pt. i cm 111 111;e __ l]1urtu:; 1 i 1: t4. in.0%1- c \crla-(43) ' \ C1. West _.__ ‘4,44...‘4."-..V.-- . Sec. 6 Numbor- or pl./L:11 i nu liti t::.; 'rntal. Acreacie 1'rc'i17nr,o11 1"crt-.t11r1 c: 1' 1t'c1' Hy:;l.t.n 'I'111, itiaLe.t' :iy:,l 1:111 tii 1 I --twenty :single r.11Iti 1 y 1111 i 1 I 1 1)111 .r 1.1'111 i .I l ti.i1 'r 1'1'111111::1 11 td.1::I r' 1J.11 4'1' '1'1 •'.11 111. 111 .' ..1 . iii ;:,'I.1 1'r.'aojec,:t:r:t1 2'lcrrtl•irl ' Vrt111)111' 1,f I. .1..1. 1 11.111•1' II"*1'111.11 ir1 Gallons: Jan. (1.67 Feb. fl. 60 m01-.0,67 Apr. 1i,7(i h1.Iy (1.q.i :runcO_9p31Tt111'_0...311. Ami .I1. H7 .';"111 t}. H1 1ici1 .11.73 Nov. 11.__69 :Inc ._11 "1 Annul!. Total 1„1111111:;_ Ai•r 1't'"'1 11 I'lnx i m iin 711:;i-.a1i1-.;tnr•o11:; ti1'11i.1ri,1 '41) 1). OTHER REMAR1{; I):t1:��Jtol y 2G.�..._.11a1,15 - serve up to system. . r-'ze t/ 1'. 4 . • .r'••? . ' 11111.11 1 r'1 111 11111'111 111' 111.111 1•,l'111 .11 VI' I out i •1.'t 11.,1. f 11 1 bate Activated WEST I)tVifE WATER <'.t11Jl.n+tr4lr. u1:;'rn1' r dame of Applicant: Water Allotment •'..alt r .t. 1 Norm (' I 1:.I• Quantity of water in acre feet `1. 'I Applicant, hereby applies, t.e, the West Divide Water Conservancy District, a political t.tlhdl.•isi.tlr of the St.1l1: of Colorado, Organized pursuant to and ex 1:11 i I1,{ by virtue of t . li. S. 1973, 37-41-101, et seqI (1lerelll..fte4 rt:ierred to oa the "Dlulrict") for an allotment csunt.t •I.:t Lo beoe11. plias ,t11t1 perpetually flats water or water r itlhi to .toned, 'dotted, u1 he: r .oats tet acquired 11y they District. sty execution ..I thio appl l, .It I..11, .lila subsequent delivery an.' u9e of w,ttet . 1,1.1,1 1..tnt h.:l .:l•, I.r. • t:a Y u the following terms anti cunditictlla: 1. Waterflights.: Applicant :,f•.. i 1 own Water rights el the point of Jiver -lion herein lawfully .:IIs 1Lllu•l Applicata Lo divert water, which wi11- be supplemented i.', ti Ler leaacr.l herein.. If Applicant intends to divert tall.t111•al1 a well, it most. be understood by Applicant that 110 right t.. divert exiut.tr malls d valid well permit la obtained from tate :;Iaf.: t'ttylneer-, 2. quantity: Water applied Iu1 1.y the Aly.l I.:.Illi in the amount set forth, above shall be .1tE•c:l t,•.1 at 1pplluanLis lt.rinIL of diversion from the District's; tall t•. 1 r l.1w water r i.lhl:1, and when water is unavailable for divetul••11 t•ii:..ljirt to adrnlnlsrLtatlun by the Colorado State Engineer doting pe&iods when said direct flow water right is not in priority, Mt, DitiLrie:1_ shall release for the use of Applicant up to said gll.ent 11 y las style -feel pet year of storage water owned or control l.•.I h•, tate District. IL is understood that any quantity' allotted trots Meet. eet. t low, stota•lc or otherwise, to the Applicant by the DI111.1 l•;t wi 11 be limited by the priority of the District's decries; and by the physical arta le9a1 availability of wetter from District 'h t..tuttteri... Any •scantily allotted will only be provided so lots,' an w.Itt:1 is available .Illi the Applicant Felty cnrnpl i es with ,11 1 ••11 t all: terms and a:on.i i 1.1111111 of this contract. The District boll the A1+1.11eatiL recaxsnilt: that Borne of the District's decrees may 11e 111 the name of tett: Colorado River Water Conservation District, and the ,till i i t y of the 1)is1 r it:t to allot direct flow rights to the Aj•Iti I.:.111t may 1•e: dependent_ on the consent of tate i•olot.tdo River Witte. 1•tttt:l,•I v.tr lou Dinl t 1.:t . 11 at any time the Applicant tl.rtertnitt••ti 11 a•••1•i11t•:. 1itatt watt,' th.IIt the amount lt••t t• I u provided, It may ..1 n..r 1 y the I)I:.1.t 1.-1 In wr• l Linn, and 111.r .,m•Innt of w.at.rr d1 1..1 t . .1 ,in,l••1 this cltall a tett_ :01.111 he redUCe.1 lit, tlu.tnent l y 111 *1t••.41t •1.14.'.! with :IIIi:II states nha11 be adjusted accordingly in 1,.1Inwlit•r w.ite: yeattl sally. 3. fenefIctal laic ants f,oc.•t iurl ••1 11t'rl•:l lealal Ilse: Any and all water alluittid-App[ZCant l.y tl1 111: 1 I it t ll.ttl hl? lit;cel tor the following beneficial use or one t•tltil l t- 111.11, diem.:rit l.: and related tt."1u9, or Irrlti ttlnn and e.•n1rt1. I. I.si (••+t•:.^r•1 It. the .rkl•1,I that Rueeli water may not he available tut le c it3.rl lou and commercial an those Lertns are •1t!f 1ri..1 .•II l .t.1.• r tat C.snit...•I tl•t. 2-07-70-W11547 between the United : t ,t l • . and t h.• W.•;.1 11l v I.it: Conuervancy District) . Applicant', I.t 4.• 1 1. i .t l Irs.e tit any andall water allotted shills he within or 1hlutu.ill 1 111tler;) or Ilpult 1.111,1 owned, leased, operated, or antler Al•1•l i••.nu t•ttril tctl . 4. Tlncreea and fle1 iverys_ I:xi:lr.tn•re releases made by the District oitt of storage from 11tt.;tl1 it.•tlt:t vtlir, or tither I,tlrhtl or facilities or they District, err litnii „the, .Iutrt'r••n ava1lal•1,• t.. the District, Tabula he .Ittl lv.:r+•.1 1.1 11•.! h1101nt, at tl..1 ..41 I.•1 works 111. said atrtt.Hrt.` 1ic11111.tt1 til .•I L1.,t •l.:Ctr:.:tt (•.111.1 ,.I -1- } diversion for said other sources, and i ,: l uese ur +te l iveL y of water at such outlets or points shall cont. L 1 Lute per furtnance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be su11)ect to the Di►ltrict'u lease contract with the United States 11611 ede c1t Reclamation. Ileleauuu from other facilities available to 111:111 ic:1 uh:tll be uul,le4:;L Lo the contracin, 1atwu, rulers, and 1.,.1111.11 ionu e,ovet uinel releases therefrom.. Furth+±+ lnoro, iIII? 111u11 11.1 1101 .I,y exleteraelly 11111ue ve11 the: right to uLurc wstet and lu 131.1111 exchange tule:.lnlrJ CLelml structures that may be built 'r c'ntlt111t•.i by the Dlutt 11:1 In the future, so long as the water :service to the Applicant p1ILuuatiL to this agreement, is not impaired 1,y said action. Any quantity of the Applicant's allocation not delivetud to ur used by A111,l1ca11L by the end of each water year (t1cLe111L•t I), shall revue L to 11. water supplies of the District. `ilI&11 1e:verulon obeli not. entitle Applicant to any refund of payment made lot uue:h water. Water service provided by t 1r1• to I u It i t;t nll.l l l be 1'mit rn to 1ho amount of water available 1.11 let iol ILy at Lhu tltlehleal polar of divers ion of the Diutr iet'll 1 pp t Ie.nl.itl Mata& 1 te,ht , and neither. the District, nor those entitled t1, utilize the lrluLt ic:t'u decrees, may call on any greater amount aL new ur alternate L1e1ilitu of diverulon. The District ehnll tellnuut Lho Colorado :;Lata Engineer to estimate any conveyance: lowlife between the o1 1'111tnl point and any alternate point, and uuch estimate Miall be deducted from this amount in. each case. The lliettlet., ur unyune uuill.i LI1u District's decrees, may call nn any u,hliLiultal uoure:ua of u11111•ly that may be available at an alternate feint of diver:Jou, itlloueh not at the original point of 4l1vit u1.11e) only au against water rights which are junior to Lhe datc of application ter the alternate point of diversion. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of - T/e -Muof the District's water rights or storage walt:t clay be required In order for Applicant to thie the water set v i.._ ..rlltdlllil1a1e41 he t ettttd er. Obtaining such tlee.:ree lu the e:1.. 11 Ilve 1u1111o11el111I11Ly 1P Applicant. The District reserves the e,,.:1u:llve rli'1tut 10 te:view and approve any eonditicnu which hay 1,.: sl t acllell Lo letellt:l.Jl approval eat sold alternate p01111 I ti 'stun aer C.1YILe:me1, 1 _.l e_.1 01 necessary to :terve Applicant' ► 1.1,.1 111 1. rl ut kande. hip) (e:ltut acknowledges and agrees that it ulr.et 1 I,e uulely reupont, 1hl4 fur the procedureu and legal ani girl l I1t:er t ng cuuLu neceeeary tut any changes In water rie)llte co1Lulnl.i.Il..1 11.:1•1n, and LUL1Iler .,•Ite,1U Lu indemnify this District from e1n, t x,.11 a 111 1411144,1 related tllelet.o. A111111can1: Is solely responsible to! 11.'i La nod Ire.:11111es necessary to o11L.IIuu/llvett t11. 54,.+1i.Io .,l said .Illn1o.eln point .•t dllvol'ufern nod . ICI Iv1:1 theta to App 11. .lot e 1 fill r•u.lu,l I,uerrri 1r Ie.1 WI Irrespective Ul' the alarm lel u1 11.19 e•1 11. I.1d11y 1 Y.Ill:I:1.11t-.1 1u 11141 Applicant's I/tlitlL of divetsion, Ile. 11l•1'IIe.i111 shall mat. :runu.el paylncnLu Lo the District based upon 1l1. .1suu11nl. ul. WIILett .111.r1lu.i under this agreement. In the event the Applicata aua. h ntends to apply tot all alternate point of diversion rind 10 el.:".slt/11 1111 nU'111, ut.(L11.11 plan and inut 1 tat.• l e.qn l pro.:e.:e1111•l4 tor the eelet11 1.- ;e 1 ..1 'tech augtaenLatlun plan Lu allow the n1'IrI1.,.ul to null_., 11.1: bate► allotted lo Applicant hereuucler, , the r.l•l.l pune. u11.11 1 •11 ve Ike District wriLLt:11 notice of 11n+:1. t1.l..1r1 . le Lliu t :IYI the Applicant develops /111 t3 tedyll.11._.t1 eIs 1111 e,t.'u ntl lime:lll.11 Iu11 1.1.111 to utilize the water allotted 11oLu*lrut1u1 , Applicant erliAl l n.•1 be obligated to pay any amount urtdut I,ataritnpII 111 below. I11 any event, the District ultall tlnvo the tight to app1.,ve or e1111n1.I,rove the Applicant'• nug111entatioe plan 1.11.d 111.: Applicant shall i'tuvlele Lhe Diutrict cu111d* of such 111.111 and ..I all t•1.:udist.111 .1..'I ..tlsui. papers filed wl tel the water ._tlo1 1 t.. 1 h11 f1,1 11r,1 1.:.41 loll 1 ler:. .•..1 1,. 1'.1etl 1 .11:1: Ptlyiku'e.l : 11..rr . ,r 111111Ie1111e:, .•1, 1 Im1.t 011111lnLutrllt Ive cllrirrle,-111i~ 11141 .nren..l.rl .14 1. r rnlro 41 by 111• 1e '.1141 1,1. 111 reciocU t*1 the. I>I11LriCt r1111m t.lm.r 1,. 1 Imre, Alun11 1.11 .I6111u I l 11:.1 with this 1111111 Lc:e1L1t,u for 041411114101441 I41e, 1.• 1110 111.1114 1 Annul payment for the water ue•rvice eleecrlhcd herein shall be determined by the Board of 1114 ect.te :. oL the Llia,tr icL aL a per acre-foot rate. The initial annual payment shall be mane, in full, within thirty (30) days after the 11.ILe et notice to the Applicant that the initial payment Is due. Said notice will advise the Applicant, among other thine:►, u1 the water delivery year to which the initial payment shall apply and the price which le applicable to that year. Annual l'.ryrllentn for each year therea 1 ter shall be Mete Anel payable by the Applicant un or ire:l eii e °dell January 1. If an annual payment Is net mode lay the .leve date, written notice thereof will be sent by the I1I utr I . 1 to LI1e Applicant at such address as may be designated by Lite Applicant in writing.. (Tf no address has been so den i+tn.ILe11 in writing, Lhe:tt said notice shall be :sent to A11I11 (cant:':1 .Id.Ii ese Vet lot til herein. Water use for any part of a water year :;1ta l i t cg111 re payment for the entire water year. Nothing herein shall 11u construed so as Lo prevent the hiutrict from attlestine the .111nu.tl tate 111 ilu uulu discretion for future years only. 1f, paymentl:l Welt modewithin 1''11 (111) davit.If11:1 11►e doge of staid wt•ILien not: ice, A1+I+lle.11nt :,ll.11 l .et hint 1 i. L':. noir: u1,L inn 11a Ve no 1 it 1. 11 e• r r (•lilt, l i t 1.• ..e 1 r•t 1'111. nu.1u1 1 111:1 contract without further notice and •t.•1iv,ty way i11: Immediately curtalledl and Lite .allotment 111 wa1.•1 I:. 11e•Irll1 11..41.., may he trana1.`errcd, leaned, or otherwise e11iupon.:.i .11 .It. Lite tliucceLllell uta the Board of Directors of the 1)1utr ict . 7. Security:- As u.!cer 11 y ter the Il1:IL: icl, the foregoing covenant of annual 11aytneti1 u In advance of weld delivery, will be fully met by an1111.11 budget and al•pLe11111411 I..te ni funds from such uonrceu of revenue:, a:. rn.ey 1•.• legally ay.e i 1 ..t.l e: to the Applicant. Au additional eec1l1 11 y ie the Di t t let , Applicant wi l 1 hold harmless the llt:.t t i. t .Iu.I .any. 11.`1 see, corporation, ottani-governmental entity, ..1 tithe( e1eIV44e'ne11.:11I a l entity, for discontinuance In service due Le Lite faunae et the Applicant to maintain the payments herein contemplated on t1 current basis. Applicant agrees to defray any ulll -est -I.11i kut. expeneea incurred by the iliutrict in. connection with t111: allotment of tx.►II:I rights hereunder, including, tuft. not limited lu, e._1ml.uennnlenl. .rl legal and engineering costa let:ul t .•.I 111 e:/eu11.•. l lull with any cat.:. rights and adjudication Ite_'ce`sat y lel .e1141w 11:..e1 111 :inch allotted water rights. 0. Assslujn iment'IThisa is agreement :,h.111 lnnte Le the benefit: of the hc rrs, ouocettsorJ or asU lgt1IJ ell the Martie:' hetete, except that no nes ignment ni11t 1 1 he 111:t w l l 1 esd 111 the ',veru !he water right alluLtcd 11ureunrler iu Lo 11t• 1111..1 Iul the be:elul 11 uta land which will be uubdiv1dcti or othesete.: I1e1.1 or sewn.:.1 11r !tt1Il:l sit t.►: ownership Itktetealto by two 111..111 111111111 111 11111 144111:1 r 1011. al lolled he rt:11 nlle r 111 110 11v a:711 1.11n 1 1 11141 1101101 .11 11 portion, hut letet than a11, of the A1+111 1. .111 ' 11 1h11r11u1 Ly 1 .e 1141 nerveei under thin contract, have tiny t 1.114111 ls.rluun.t.11 . Any asall1Jnlnent of the Appl Icent's r iehto ender t h le centred_ 1311.11 1 1..: uuhjecL 10, and meat comply with, 101.:1+ t e'.iu l t r:men4:1 an the Illetrict may hereafter adopt re.larril rl•! . 4:I:11•Inlncnt. ot: 001111.44:t rights and the asaumptLon of con tied. td ll.Iar 1.,1111 by nualignet:. .111.1 aticc:ensors. Nothing herein shall Ilreve.11t 1.u4•.-r:letette to .1 11.1, 1 i..1t of A('plicant'u properly from .111111yi11.I le the Diall.1 sol let individual and ueirar.lte allotment eent1.Ir:t:e. 9. _Oh Multi: Apps. Io.telt elle!) 11/: boboundley the provisions of flu _t%lacer Conservancy Act el .eelora.loi by the 11114.s and regulations of the Board of ilireclot:. nl the Iliutrictl and el amendments thereof and supplementu 1heletu and by all el het applicable law. ln. Operation and Malrttein.en.•.a A.Jle:011I.lJILI A111'l 1."..1111 shall enter Inas 1;11111 I natal•:.: 1t•ltunlnent" 01111 tll.a 1)1111r1el nntiur terms anti cunt! 11.11311:I •1,•11.111110 .1 ley the 11.1411.1 111 I1lrectorn ell. the. District, it: and w141:t►, 1111• 11.•,11.1 111 :1.11.1 111:111 le•t determines in its sole discretion that. nut' -Ir .an 1tyre:emcnl It; required. Said agreement may contain, hurt shall noL he limited to, provisions for additional an11ua1 m.ntt:t.it y consideration I.tr extension of District delivery Set V 1. t::. and tzar .I.Ieiit letna1 administration, operation, and mailll.,tt.lu,', costs; or for .'{list coral:t► to the District which may att., I Itt,tlr't11 services 'd'a'ta available to the Applicant. 11. r'ih.rngeAof (hoes The plat t IeI t.•..e:a'vt�:t Lite: t:xLlurllve right Lo rev i ewr•''Ccii-Pktivtn tr .I i u.aitprove any 111 o}t,ttiLd . 11attle in use of the water allotted hereunder.. Any tt:..: otltul than that s:eL forth herein or any lease or sale: of the t.eiec or wdLer rights allotted hereunder without the prior w1 i 1 t e:n approval et the District shrill hu deemed Lo be a material 1,..:.e.'It ttI title .:e1111 t.el . 12. tine and Place of n::e • f,l•lt I I . rn! ...It 'toil to ns..• 1 ht: water in the manner and on Ose property . 1.::,. t 1 h.:d In the deo:5tl.l,:ll1 : submitted to the District at the Lime titin .t.IrtremenL iu extent.:.1 (bold documents are incorporated ht:loltt 11y this reference thereto) , or in any operation and mal ltl Ln.lnce .it er:menL provided by Applicant. Any utae other than oat .t:t t.tt Lit thereon or wily lease or sale of the water or water r i.11tt s Itt•1 11, ntlta:t th.nt as permitted In parn.lraltla 11 above, Lill.' 1 1 i,.• .i.•t mt^.I t u be .t In.II t:1 t.a 1 bread' rat this; agreement. 13. Titles it in understood Jed agreed that nothing herein shall be interpreted to dive t11u Alrltl lt:.n1L any equitable or legal fee title interest In or to any w.rtee tit wotet rights referred to herein. 14.. Censorvationa Applicant eh.' 1 l use commonly accepted conservaYIon practices with coupe.:t Lo the waLerr and water rights herein, and hereby aytcets to be: bound by any conservation plan adopted hereafter by lite nksli ici tut use .11 District, owned or control led water or watet tights. 15. Restrictions: Applicant ath.tl 1 tuna riul tlttc:n as follows (unleuu` ai'tcTfi`c wallvere are altiletr.lt•,I to L11Ita ci.laeem.:nt ). Violation of these retatrlctlaltn shall Itert.ve lvtl Lo hu a matut I.al breach of this agreement. liar Household Dome:}I t l c: (i nc. l t}tien lawn) 1.1v.!ittoek Ceottitt) 1rr itiation Annual ?1naluuun nlviarulron 1/3 at:t a: tool: 1 - 1 .ret .. 1..01 1 .1a t .: 1 tt,..1 .11111 1111.10 -- 1 tad1 t- I ret/ar:re 16. Well Permit: If Applicant intends to alive:'' through a well, then Aplalleant must provide to District et copy of Applicant's valid well permit before 11Iuttiet lit ob1i'jii1e.1 to deliver any water hereunder. 17. Itepresle_tfationtl} Ily t•xt•1•nl Intl thin a.tt cement Applicant agretiu Lei zt he --111 not t 1 y I n.t 011 tatty i.:eta l or engineering advice that he may believe he hah received from the District. Applicant further acknowledges tta.tL he ham obtained all necessary legal and engineering advice truth his own nourceo other than the District. Applicant further acknowledges that the District makes no guarantees, warranties. or assurances whatsoever about the quantity or quality of water available pursuant to this agreement. : holtld the District he notable to Itt ovIste the water contracted for herein, no damages may 1tt• .t:,:.t::;::etd .Mils i trst the 11iulricl, nor may Alllrl 1t .tit1. etattaitt .1 1 t}Itttt.l 11.•41t lire hIr11 r It l « 111 t'naIn til WA! 1.1- e'Itnl1 r11II4.t: h1nn1141 1It.• lrttrl1 Irl iII i t}3 nwla eI I t.14.: 4:1 i nil, 1,111te/tirt 1.. 1 tit,1 .c.1, A1.1.1 (''.1151 ' 11 t'.rtr1 1 herein 1n a water court: Ming for •i11..:rn.11t• point nl divotaltut or plan of augmentation, then Applicant Ile}} t:hy u..ltct:ti to pay 10 the district, when usueuned, an additional leo tepee:s;arnl 11111 lire 1)1tit•.rit:t'13 actual and reasonable t'n:tL:; and leen tor Altpttt:.111.1':1 (thorn of the 1 roceet11 n.,l. 19. Binding Agreements Thin Aq:eement shut 1 notbe nor being upon the District unlez;u attached hereto to the form entitled "Application for Porullac.e of Water:: from the West Divide Water Conservancy Dlutt ie:t" fully compleI,.! by Applicant and approved by the liiuti 1.:t'n ei,yineui . Said attachments ahall by this reference thereto he inoorileltute:rt Into the Lerma of thin agreement. 2n. Warning: TT IS •rur SOLE l::i1'onsIU ti.ITY Iii' TUC APPLICANT TO I,bTAlr-h VALID WEL.r. PERMIT OR 11lIIL1l WA'1'LIt 111t;1i'1' IN ORDER TO DIVERT WATER, INCLUDING 'TIE WATER ACQUIRED utai i -n '1'nl:i CONTRACT. IT IS THE CONTINUING; DUTY OF . HI: Al°I'I.1i:JatJ'r "I'r+ MAINTAIN TUE VALIDITY Ot' TIrE Wl r.r. PERMIT tilt WATCH RIGHT INCLUDING J•'II.I:JG FOR EXTE:NSIONS OF PERMITS, F I I.I NGi 511:1.1. Cult .1,1:'1' I11tu ItI;e'OILI S, l•' 11.i ti ; STATEMENTS OF fENEFLCIAr, USE, OR OT111:nw1:r1. I.AIfF'III.I.Y AI'I'i.YrlIt: '1'111 WATER '1'O DI:NEL ICrn1. (ISE ON A REGULAR 11A:i1:i W£ I1 '1' WASTE. APPLICANT: fly te+ :.' J ►, C' APPLICANT ADDRESS: I. lit*X 1 I'i'i Itrltial I 1 , t'(1 11) 62 I STATE em, Cor.ofAr)D COUNTY OF GArtFIEr.n The foregoing instrument was acknowledged before me on this 2 fi day of J n 1 y_ , 1995, by l'i- 1' 1' [etirl( Witness my hand and official .teal.. Ily commionlon expires: Mot -.h FI, 18')8`17„ (•.( e e. _ ('t i.«'il i. }}o,aty I,IIlrtt onnr:n After n hearing by the Board of Ili ierc:t:ot11 o1' Ilia Dent Divide Water Cnnnervnncy 1)ltitrIe:L on I.lir• rtll,.ve application, icatillel, II i.1 I1e^rehy ORDERED ttiteL :Intel application he rli.e"11.er1 and dales ,:stns 1 .te•t. nh i1.1 be and Ln nescopted by the 1)ietr1c1.. ATTEST: Secretary W1::i'1' fl1 V 1 ts1: WA'I'R11 Ct)IJ:i1:ItVAt1a'Y IIt:;'i'ItIC"1" Dy 1 11.1t r This contract i nclucle:3 and i seb Ie•t"t to the terms and conditions of the following documents which mitt:+ accompany !bin contract: 1. Map showing location of p.+1,11 .tI rl(wr:rflon (state, map provided) 2. Application and Data r"ere1"e 11111%, .`t.tt.l.lrtt.,! 1 surf II 1epne7e1 1. fthnr APPENDIX A The Cedar Hills Ranch Well # 1 is located at a point whenco tho SE A of iho NE Y. of Section 1, Township 6 South, Range 92 West of tho 6th P.M. boars a distanco of North 22° 58' East for a distance of 2635.34 feet. The WoII can bo approximatoly plotted 2310 foot from the North Section Line and 1264 foot from tho East Suction Lino. The Cedar Hills Ranch Well # 2 is located at a point whence the SE 'A of the NE % of Section 1, Township 6 South, Range 92 West of tho 6th P.M. bears a distance of North 09° 02' 25" East fora distance of 21917.14 feet. The Woll can he approximately plotted 2161 foot from the North Section Lino and 363 foot from tho East Suction Lino. The Cedar Hills Ranch Well it 3 is !contort at a point whonco the SE Y4 of tho NE %, of Section 1, Township 6 South, Range 92 West of tho 6th P.M. bears a distance of North 22" 18' 23" East for a distance of 2475.21 feet. The Well can be approximately plotlod 2283 feet from the North Soction Lino and 951 feet from tho East Section Lino. The Cedar Hills Ranch backup well is located ut a point whence the SE %. of lista NE %. of Section 1, Township 6 South, Range 92 West of the 6th P.M. bears a distance of North 21° 18' 26" East for a distance of 2563.01 foot. Tho Wull can be approximately plotted 2381 feet from the North Section Line and 942 feat from the East Section Lino. II' JUL-24-1995 i t 35 FRr STLIUER 3. GEORGE P.C. 10 9.151253 P.02 ADDENDUM ) CONTRACT ! MAP ID , D,17111rVit►111 .111HW11,i Wes! Divide Water Conservancy District Water Allotment Contract THIS ADDENDUM by anti between Cs intended to he an intctgral part of that. (hereinafter called "Cnnt:ract") het:wcctl wttic;ll L1ti:s Addendum shall ha attached and Eort^lt in said contract. 1 It: is the intent of Lt1.: .11x1+1 i v:Yn.: Iicvo i n to jtrlod i v icic: ur otherwise di vicia the .staid;: Lo aurvc:.l I1y t.lut w.tl t:t nhtntnc:tl purthtalnt to t:hu cutsl:rac:,L. 2. It is the intent of the Applicant hereto In divine the water and rights and oblignifons cttr•ivcld frc11 the Contract between and among Che parcels so subdivided or divided. 3. The District etcknoult::ctl;t::; t.;trs Cotogoing 1iit.cn1 inti:. of Applicant and approv.::s end titer c:pLes astir. , .0 JJuct. to t 111,1 ctint1 t 1.I Oita set: forth herein. t.11.: understood ll.lrl:ies hereto c;cirl..11 u (uLor Alliiiihout Contract said p11r1:le.a dirt c:cl_^�tl�t1 2.L, Lo lr,:c:s,ulc: ti pact ct3 i1' fully esti: 4. Applicant shell he resr,u1r-cnl to the :tet 1r11p1tC 1'.1011 tet wr1t1t1l1 to District for each subdivision or ci l v i LA un IJLLt;ret, f ort h the legal description nE the nix parted, t.Iw r.arnu and address of t:hu person responsible 1 or r.n1.p l 1,111c'o with 1.111 :ll;rtst:mint with rc1 pest to saidnot.. p.1r c:.1l , 1t:.1 1 Irct portion of Chu trs11.(r Iit:1H1; the :filth jt:.:1 1r.:t c:.+1 t,Ii 1. 11 1 . + Io.: 4.:l.:,iy;11 c1 to child new parcel. 5_ 6. Said application tu14..1 1 Ii.: 1 0 1.•.I ..1i t I.0 t cazr.i 1.1•..v itl.:.l by the District. Applicant; :3hall 3u1.0 l 1 , i t 1. .. 1 c1 llj.rt. 1 .~:c4L l.++1 , t I•c= i't.t 1�4e:C l't•31t ri:11t1i rod hy* 1 l..' Itt:.t 1 11 1 1 .+1' Itl't...t:'ti ,1111 t l..' .t1.j1I 1'..i1I kill for tltvf._�itut. 7 fetor:: tho division :.11.11 1 t.41 .,11111..vt:.l l,y 1 Itc: I1t:.t 1'i�.Lc said application trltttll. :1It:c1 I11:i11 1I.t: :it1' nit.111 o III Cho pt'.,poiJ1:tl Nucc"awwo1' co uppl ietllt1. .1111 uta 1 ic11 t i1 .1 i)jUI. u .111 1 Ili: humid by the terms and conditions of t I1c: Contract and thus Addendum. ti. Upon ontisroctory c-u:ttp11.1ti.:.! t;y Appllcont nun 11:. :c1te et:a::ur with Lku i'ratUIt1Ii1tt; lt:.lrfi1t:r.u.lt:., lljtatti.1 :.1...11 :1111'1ttve: the division and ulsty l l }; 1 t t: 11.11 t.. t It.:l ._rrl l tt 1.11111 A1/I11 jc x1111. and said acic:ccrasaut'. Upon with upprovn I by f)i:rt a i r i , t I:r± (:dirt rut• I :sh:l it he 11c:t:uuatl to he divided. App l is .+111 tile:, 1 1 1 ltc:l esal l c:r t1.i ivaponatble. L .•f1 2 JUL.-24-1995 11:36 FR*" STUUER 2. GEOPRCrE P.C. IIl 9..15.12573 P.03 West Divide Water Conservancy District Water Allotment Contract Addendum Page 2of2 Alii+Erd lllt CON'i`I'ACI' 0 DATE DIVIDED for porformance of Ltihi Contract only as same relates to Cho remaining undivided p.irt taitr. The ..t:lc ritunor :than. 1Ih.:ruul i.nr 11e responsible for 11t"rI'titr9t:rr.h.to of tr,u t,tu1y as same relates 1:o the dirlaad 'notion. h lhr uut:ll Ily uii _ piart.yr to a divided contract shall ti.: t1u iii4:J to bo a Iter ch only ot that portion of the contract 1 ai►` wit1ch l.Pliit tial: i y is rempnnsible and shall hot he daiiuiu:tl to bt. a broach of the portions ot the Contract 1'ut' which athr hr.lti-tturuia) ti.ri}p parties aro respti:it.11l l C`. 10. After one or more sic It it i h.{ i :i t chtl n hL11° is tlet:n made of the Contract and the water urt.i and r . sports i h i i i cies relating thereto, the Contract Nhuif lira dimmed to be enforceable and to exist in counterparts. 'l`har-I shall he 61; many counter- parts Bs there are: divisions nig the (,unLrac:C. Each counter- part together with this Addcauttiim and i ob.:t taut with the above-mentioned application and u:;..uutpt.iriii .ui1 approval tlnculunnts shall cnnst.i t oto tlit ent_i rii .ii;rocmcut hi:Liman District and cath party respunc t blc: for performance of each counterpart and shall ha Binding and enforceable saparutely from other counterparts. SIGNATURES of the Parties hereto: Applicant.. t/15) STATS OF COLORADO ) ) comill O1? GARFIELD ) s5. Tne [arc:going Alliathilihf.1 wan a tt:krtu;rltshtl;+l on LIic 2C day of ^1p1 v , !`}`1_J,y: ,I,t•! I , I..!tlt'h, hafore ma Wi.user:; Ivry h:Ind nod official t;l,r1l, Ply Cthl:.iihl:.:.t'uI exIhltrl:; rt. I t I try 111t Notiis y Ietlttltt 11_ (1111111: Atter a hiitiring by the fixed of 11ir,r1itt:. cd' tla;� CI�.i. I1ivir1r: lisi r ('c* . rxtatrt.y District on the alx. r:e Addeo/111n. it is i r4trctay ORDERED that :. i i d Maurits!' lits granted and k .i-cllt &t as part of the original 6hter Allot ixit Uinta -act refer -ma in 11 &rein by tie Dist-rict., Secretary WgST 01V1DE WATER CONSERVANCY 11TSTItTCT N 1;11 i..l cr n t: Date: 10 - 2 or :". P'.U3 Legal Opinion Letters Dave Robbins DAVID W 1101361NS 110131:HT F. 111LL DENNIS- A1. 1F'ONNTOO ,1ERY KAREN A. T02.113 IIONALD i.. W II.0 O .101 IN 11. K11'AN!ro MAH1C J. %'AI1:Ii JEFFREY M. 1L LL ANNE L<. LAP'ORTA S. 1t()1ltltr: ;. 1' 1 '. ATTt311NE.Y!+ ^t7 I.A4. 100 1111.0.1.1. a'11111a.3111!11 i'I:.H 14.1t L -Y I I 11' 1.4,0:0 1.: 1 1 1 211111.1 DENVI.t.e'I04f111AIe41 July 20, 1995 Board of County Comm i ss i one r s Garfield County 109 - 8th Street, Suite 300 Glenwood Springs, CO 81601 Dear Commissioners: He: Cedar Hills !cane:11 :;utlti i v i s i on W11 t e r :;'111111'' 1 have reviewed the development plans and engineer' rill for the proposed subdivision referenced above. 1 have also d i se:ussed the water supply plans with the developer, Mr. Norm Clasen, and his engineer, Mr. Tom Zancaneila. Among the information 1 reviewed from Mr. Zancanel 1 a was a pump test on an existing well on the property which allowed him t o conclude that thele tylia! a I L eady sufficient physical water available for the planned 18 s.i Ilclle- family dwellings_ Of course, that well is not an adetivat_e legal water supply during certain times of the year when there is a senior call for water on the Colorado h i vier. As a Jesuit, i t is necessary to replace, from other sources, s, any depletions that the well might cause. The Water court tot Crater Division 5 has regularly accepted contract water- rrom the West Divide Water Conservancy District to replace out. -•of t11 iur-ity depletions. As a result, 1 believe that depletions tesu1t ing trout the er:i:sl nc:e of the Cedar Hills Ranch Subdivision water- supply could i1 similarly replaced. Mr. Clasen has employed my T i t m, together with ZaIlcanel lea & Associates, to prepare and prosecute an application tor a plan for augmentation in the Water Court tot Water Division 5, utilizing West Divide contract water. in addition, Mr. Clasen has requested that we prepare and submit a temporary plan of substitution pursuant to C.R.S. §37-80-120 to the State Engineer. utilizing the West Divide contract water and a temporary substitute supply plan approved by the State Engineer will provide the Cedar dills Ranch Subdivision with a legal water :mp111y. The substitute supply plan can be relied upon during they e. our :.e o I the legal 111 ucea:cl i llejs leading to a formal and permanent water :supply under: a plan for augmentation. Upon approval of thu Wt;si. Divide Water Conservancy District contract, Mr. Clasen will have a legal replacement supply available for his proposed subdivision and it is my opinion that a temporary substitute supply plan and, ultimately, an augmentation plan can and will be approved confirming the legality of the water supply. Please call if you have questions. Very tru yours, C E 1 l 1 F nay d W. Ro•bi s DWR:ncr cc: Norm Clasen Tam ZzIncanella (6-200) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DAVID W. R01111NN ROBERT Ir FUU DENNLS M.mowrr:amEIn' KAREN A. TOMS RONALD L. WILCOX JOHN R. EVANS MARK J. WAONE11. JEFP'RI:Y M.1LA1-. ANNE K. L.APUIrrA HILL & 1 {o'WWWIINS. 1'. ('. AT1'01IM.y$ AT I.AW 100 iILAKE S 1'11EET LIU11.01N11 1441 EILUITLLNDI DEP+ VEF1. CQL.ORADO 110202.1266 July 26, 1995 Board of County Commissioners Garfield County 109 - 9th Street, Suite 300 Glenwood Springs, CO 81601 Dear Commissioners: TE1.J P110NE :10:1 200.0100 TELECOPIER .Illi 2845-2388 Re: Cedar Hills Ranch Subdivision Water Supply Based on conversations this date with Mr. Tom Zancanella, I understand that the referenced subdivision is going to be proposed for twenty (20) single-family dwellings. My letter of July 20, 1995, refers to 18 dwellings, but Mr. Zancanella now informs me that twenty dwellings is correct. 1 also understand that there is no change in the technical feasibility of the project water supply, and my opinion stated in my July 20, 1995 letter remains the same. DWR: ncr cc: Norm Clasen LTomFZancanella (6-200) y yar s rr l David W. Robins Well No. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WRJ•5•Rev. 76 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. PERMIT APPLICATION FORM ( x) A PERMIT TO USE GROUND WATER ( x) A PERMIT TO CONSTRUCT A WELL FOR: (x) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO OC) OTHER frence n1i I: nutn er_l765141 WATER COURT CASE NO (1) APPLICANT • mailing address NAME Norm Clasen STREET P.O. Box 1155 CITY Basa1f, Cn R1 R71 (surer vie) TELEPHONE NO. ( 970) 927-3043 (2) LOCATION OF PROPOSED WELL County Garfield SE '6 of the NE '/., Section 1 Twp. 6 S Rng, 92 W it4.SI E.w) 6th P.M_ (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet}: total of Wells 1-1) Number of acres to be Irrigated' 15 9.23(combine 1 Proposed total depth (feet): 365 Aquifer ground water is to be obtained from: Colorado River Gravel Owner's well designation ,("rhea r Tl_i 1 1 s 31 1 gROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY • no irrigation (0) (x } DOMESTIC (1) ( 1 INDUSTRIAL (51 (x 1 LIVESTOCK {2} ( } IRRIGATION (6) ( 1 COMMERCIAL (4) ( } MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Street City licensed (Starer (Zip) Telephone No. Lic No l:(lt Cit I- ICE USE ONLY: DO NO t WRITE N TIIIS COLUMN Receipt Nn, f Basin tryst, CONDITIONS OF APPROVAL This well shall he used hi such a way as to cause no rrr.,lt,r ictl injury to existing water 1 iglus. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I . COUNTY (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + - -}- - 1- — -1-. — -4- — - — �- - - �- — -}- -4 1 MILE, 5280 FEET )•I 1 1- + -- + + -I- -j- + -E- I T - NORTH 1 +l -i- -i- -- -f- — + The scale of the diagram is 2 inches - 1 utile Each small square represents 40 acres. (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. 2310 ft from North sec. line (north or south) 1264 ft from East sec line '1 (east or west) LOT 1 BLOCK FILING* SUBDIVISION Cedar Hills Ranch (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: Norm Clasen No. of acres 4.2 Will this be the only well on this tract? no (8) PROPOSED CASING PROGRAM Plain Casing in from ft. to in from Perforated casing 1 1 1 ft. I ft. to ft in from ft. to ft. in from ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second Iris) • 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43.560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (10) LAND ON WHICH GROUND WATER WILL BE USED; Owner(s): Nn rm CI 1 a sen No. of acres: 4.2 Legal description• (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it:1 1 1 (11) DETAILED DESCRIP I ION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. Water hti]_ be used fur domestic, and i rri Uati nn purpnGcNR_ Wastewater will be disposed of through standard septic ks�tllt—fix leach field systems. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used W-1230 W (13) THE APPLICANT( Sj' STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO TH T OF HIS KNOWLEDGE. SIGNATURE 0 • T. -ICANT(S) Use add al sheets of paper if more space is required. 1 1 1 1 NUR IN SEC l!UN LINE 1 11 J z 3 I I — -}- - - I I EAST SECTION LINE • I i I IJ .I n i 1 l Cfll l I'll etn Tl/llll 1 InIG T +l -i- -i- -- -f- — + The scale of the diagram is 2 inches - 1 utile Each small square represents 40 acres. (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. 2310 ft from North sec. line (north or south) 1264 ft from East sec line '1 (east or west) LOT 1 BLOCK FILING* SUBDIVISION Cedar Hills Ranch (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: Norm Clasen No. of acres 4.2 Will this be the only well on this tract? no (8) PROPOSED CASING PROGRAM Plain Casing in from ft. to in from Perforated casing 1 1 1 ft. I ft. to ft in from ft. to ft. in from ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second Iris) • 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43.560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (10) LAND ON WHICH GROUND WATER WILL BE USED; Owner(s): Nn rm CI 1 a sen No. of acres: 4.2 Legal description• (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it:1 1 1 (11) DETAILED DESCRIP I ION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. Water hti]_ be used fur domestic, and i rri Uati nn purpnGcNR_ Wastewater will be disposed of through standard septic ks�tllt—fix leach field systems. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used W-1230 W (13) THE APPLICANT( Sj' STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO TH T OF HIS KNOWLEDGE. SIGNATURE 0 • T. -ICANT(S) Use add al sheets of paper if more space is required. 1 1 1 1 IrOWS-1rtra �d.' 07193 STATE OF COt_O1tA17O OFFICE OF THE STATE ENGINEER 818 Centennial I1tdQ., 1313 Sherman St, Denver. colkwadh 9xi' (303) 66163581 PRIOR TO COMPLETING FOfM, SEE INSTRUCTIONS ON FII._VERSL aCHANGE IN OWNERSHIP/ADDRESS / LOCATION WELL PERMIT, LIVESTOCK TANK OR EROSION CONTROI DAM 1 1 NEW OWNER NAME(S) V\`�f�ikr" rh'A 0 \ CQ. Meiling Address Y'. b. i11 r °)c 1' S 3 City, St. Zip O+.Sca ��i .......... C a I `.1 1 Phone ('Sn 3) c1 a‘,1 -- 'cit t3 ..... . S[`4 THIS CHANGE IS FOR ONE OF THE FOt.IOWING: J I.!_ 1 '1'1-J 11 1 1' 1 �. LJ C[zsz NO � c' '- ...- \ a c,� [ 16%.1/1 r� LIVESTOCK WATER TANK NUMBER EROSION CONTROL DAM NUMBER 1.0 1 'Ih..t 11 ." 10,1), 3. 1 1 Al • 'r itr t r i; ! [:1its. ioI1 r WELL LOCATION: COUNTYC'p„1/4A OWNER'S WELL DESIGNATION C(S-"Ae (Address) 1/4 of to f/1E1{4, Sec. I Twp, (cosy) G. LJ N. or l� `,7"., Flange t,X [1} E. or Distances from Section L_inos.. 3 co 15 Ft. from El N. a1 Subdivision Lot 111 (Slaw) (ZIp1 W. L P.M. S. Lit hi, a--6 v VI. front L1 E w 111 W. Lina. Block Filing (Linn) LIVESTOCK TANK OR EROSION CONTROL DAM LOCATION. 1/4. Sec. COI ,INN Y Twp. LJ N. or ❑ S.. Range 11 E orI❑W PM The above listed owner(s) say(s) )hal he (they) own the structure riii ciihu.1 I1iirein Theexistingrecord is being amended for the following reason(s): 1J- El Ghango In name of owner. Change in mailing acirlrm.s. L_.) Gi,rrrtctrorr of location. I (we) have read :he satomants made heroin, know the conturEi Ids-n[3i pi, and :.i ite trill Ih13y 'flu I1Lu to my (our) knowledge [Pursuant to Section 24-4.1041 (13)(a) C.R S., the maklnn o: false :1,ilEliti[Ifll:i heroin r(1nStitute5 p11Illuy Irl tho second degree and Is punishable els a class 1 misdumeano:.j -1 /.) Name/Title (Please type or dung Srgna!ure FOR OEFICI: USL MIN Shin Englno r ey 1I iu Court Case No. ie/7.2 0,3 DN. . Co. Wl) �Y (, Ifil;.il1 MD 17,u_ Filed for record the day of R.D. 19 at u`cIo..L ti 1KCROER. OErult. R CLCstt6d Mo.. l+; _ 01IT CLAIM Ill:F:1) T}IIS DIED , Made this day of be t Irren DAVID W. M`AVkS and MAX WE .7. HAVES of the COar,:y of 1,•1 11.216 ul Colorado, of the first part, s -d Ift7tII .VE E. CI 4SIIY and I3;1 7•4 13. t'1)\' I1/ ))/p .hese legal address is of the Cour.ty of aria State of t..lore,i., wt the secasJ part.: tiffliESSE114, that the said ears. of int 11 rat ;art, fur I-4 pr contour. At , 1 Che a.rt of $10.00 TEN DOLLARS la ;he said parities) of trot flrit part 1r,1.6.-..1 pall 1:.y the so111 pantile!) ,31 Slag 11G.rai part, 114e receipt ..hereof is two* by conleS111 ar.J fiCkno.1 dyed, tis •r*.itea, rrelcasa.l, s.rft! to••.e,eJ and Grill Ctaltga, aril by these pretcrtts dolts) remise. releae, tell, c1=,1vey and 0011 (IAI. ,.:19 tier said I.ar 11Icsl of the se[w•1 Marl, c ihtl r) brim.. tsps rtiafi adv} aall(,ns, fore.era e1I Ihr r Iphs. 1111s, Int**rs t, tl.2i#• #..1 0.... ,r .,•,A.h is %.aid 2.4.122c:) A 11., forst lso* 1,11a) In ens lu the lu1l0.22.4 r1*scA 11.ri 101 or plrcel GI la,d II III#If, I, 1, 1 6..1 1.1, 3 in 1,1,6 ,rl Cif141'IEiI) I,..l %%air cf Culur#do, 10 wit. 22 SHARES OF THE ROSY -AN DITCH. 2 EXISTI1 . .:FI.I.S, YI.RMIT tall€SEER 17536] 6 176514. 3 SPRINGS NAMED HAVES PI, MATES 1J2A ISn4 i 3. *tat a.••••n et AAA ee: wM "we* : 11'11* r14e:::"i TC HAVE AHO :d MOLD tte ta-e.. :csetne• ,II* sit a"ra the appurtenances er1 prir•levet [hereunto :ell,;inp or 1r. any.lae [hetevnpo aptterlaIh, na. And ill :ne e*1dte. rutins• 11:16, Ir*le•est e,+.1 [him .natsorver, Of 1110 laid par:lies) Of the hest part, erther Ir ,a. o- edVi:ti, to the pn1$ prose- use, bend's; ani! Grhvuf of the taiC p4r11111.1 0f Irr second dart, (thetr) helm and ii$•w't 11. wlttNES. i,rIfadot. tet to _ tc•;(te►) a1 the hit.: fes•• r.2is1 he, ••••,10 art t,.et, ha..' ant 1041 the dew end rte- r,e.1 ebwre .-.iter, 1,y•led, sea* C'd end Dellve•e: - • a•r%r•.6 of I,/ / ra.-•t' .,, 4 /r ••• 1 , ',si.---c'f, }.7.r-.r_t tS t1 ':=17.'.-.77.7.77.J . :77,7-.7.5-N.: 1',' x,1(', 4:. iu5VE s . ,L T JR%EY — :,flim 'i. .. •l _ •r c. .. i,',11••I,i1 •. - . . rlf111[I) ". t4A1,E. . , �(II�+IY l Y 111111 i .!1:Y !E, I rif 1 1 ,1 . '1+,A 111: i 'if•lif a • r toMPlrlli CJI: Cil • iae-L. rL11f1�T7 ..1: S'11 tl. :SELL) corgi f1Q. 1,w5 11, STATE OF COLORADO % OFFICE OF Ti IE STATE-ENGIN[l II $18 Centennial [Sldf1., 1313 Sharman St., Railway. Colotaa., if L l:i (303) 1166 -3581 ]Ii TO COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIFWE ICI-IANGE IN OWNERSHIP/ADDRESS / LOCATION WELL PERMIT, LIVESTOCK TANK on EROSION CONTIf1O1. 11AP.1 NEW OWNE11 NAME(S)- Dt1.11,!...........+.l....I..ail{-e.5 Mailing Address q ice- 1-P City, St. zip F 'I✓1....9 1 u+, (0. ? I5 4 Phone (3D 3) . s-- ......"x._...`.1 4 r/2 THIS CHANGE IS FOR ONE OF THE FOLLOWING: /' WELL PERMIT NUMBER A', 4. c _S { y r t 1'" ` 16' :- ,r1 r f+.r':.'� (.,45 r , /1/r.. LIVESTOCK WATER TANK NUMIIETt __......,...�`� /El EROSION CONTROL. DAM NUMBER ... WELL LOCATION: COUNTY -a#.f-e ( 1.,r lalln u lI.0 *»4V f .Z • 7 / f 2 .. . „ ; v./ r!` 3 d 7-4 / J. :1. i .'.4 ) I' Cif C D 3'33 WA11.1tltt.�thtltiE SIAUIi I r:r!t::' rt (;&J9 (1. /70774 C1'Jti1f !l l t'. ; L`d l 11. IIEiIRNA1 ION (Address) 6a4 tSlutu) (LIN jr1 114 01 tl1e •/lf E 1I4, Seca .7 p, ....6. lJ N. oil), ii r�c)o 9 E� or It -1 1N. P.M. ((�� + ,CSA .. /eif+' p e)istanras from Section '1 Inns....: ?... ` .. FI. from 0 N. td I ',Fr(' Intl, t. r_� 1 1. fitrlit 1 1 1.. ,.+ 1. I W. 1 Inu jSubdivision tot Iii+ac:k 11lirtt) (Unit) I_IVESTOCIK TANK 011 El OSION CON Il HOt_11AM I.00ATION: cot 1N 1 (( 1/4. Soc. _..... Twp L,I N. of U S., 11,iu io 1 1 L. t. 1 I LV The above itsloct nwrlor(5) say(s) that 110 (they) 1W411 1110 51r1mt.!,111, Iter c Id'1141 t,ttrtii 1 The exist�in ecord Is being amonded for the following ren(s): L7 Change in names of owner. El CttanS o In uI ttIiru act;icer.;, i 7 " k. al, r...Iiffl- of It:e:utluH (we) have road the stalernants made herein, know Iho conlerat:, ttiorut.1. tii it :.t.Il,t 11.il they Baru Ural to my (our) knowledge. [Pursuant 10 Section 21-4-104 (13)(a) C.IL.S., the Itiaking of i,tl:,ii :.Litt ,ttr ill:. It. :tt 111 1'.ruI1:,1111ilu., y 111 Iho succinct degree) anti i s Ittrrtl ;litaltlu ,t:, .r t.14t:4, t Iiit:,tiurnt:.0 I. r 1 Name/Title (Please typo or Faint) V,?rX ((A..t%r 5 { �l .I ►1 e 1 I ()HOFF It:1. 11:;1 11111 a ACCEPTFD FOR i:ll \tic;l IN 14A11i it ilt.rit:l: — A1lIt CHANGE IN 11A I 1,111: :'A11111:1 :ill. Ily 0 4,1, M1tI; it 2 MI 1 tatty 11 ' a1'i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 rrawu Ka ^tIN taiso STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg.. 1313 Sherman St., Denver, Colorado se2o3 (303) 86&.3581 For Office Use only . SIT Nt IMf3EN 176514 223355 REGISTRATION OF DECREED EXISTING WELL PURSUANT TO C.R.S.37-02-304(8) 1. WELL OWNER NAME: WALTER E. CASTLE AND ALICE A. CASTLE MAILING ADDRESS: RT. 1, BOX 95 CITY, STATE, ZIP: NEW CASTLE, CO 2. WELLLOCATION: COUNTY:GARFIELD OWNERS WELL DESIGNATION: CASTLE WELL __- (Address) (City) (Stole) (Zip) SE 1/4 of the NE 1/4, Sec. 1, Twp. 6 South, Range 92 West of the Gth.P.M. Distances from Section Lines: 3675 Ft. from South Section Line, 250 Ft. from East Seetinai I.ine. The well has historically been used for the following purpose(s): Domestic and livestock. . Water from the well was first used beneficially by the carsgirlal owner for he above described ptrrpase(s) on April 21, 1967 5. The total depth of this well is 365 feet. The pumping rate is 15 gallons per minute (0.033 CFS). The average annual amount of water diverted is not sper.ified. . The land area irrigated from this well is: not specified. _cgu a crlpthon or as Subdivision Lnt(s) Block I-ilillp)Ittirit FOR OFFICE USE ONLY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 37-92 304(9), CRS THE STATE ENGINEER HAS ENTERED INTO HIS RECORDS, UNDER THE ABOVE ASSIGNEE? WELL PERMIT Nt IMBER, THE C)ETEHMINA"l IrlNS MADE BY THE, DIVISION 5 WATER COURT IN CASE NO. W•1203 FOR TI IE f:AS1LI- WEI L. 1 1 r d . Vs( 74/1e ,' .• r'ct.�..� �; .:� "tom_(]' X994 State Engineer By l lawCourt Carse No. W 12t]3 Div. 5 Co. 23 WD 39 f37sin non 1 Ise t3. 9 IN Tff^. DT..TRICT COURT In AND FOR WATER DIVISION NO. 5 STATE; OF COLORADO CASE Na. W- 1203 IN TUE RATTER OF 'FUE APPLICATION FOR WATER RICiITS OF WALTER E. CASTLE AND ALICE A. CASTLE TN THE COLORADO RIM OR ITS TRIBUTARIES TRIBUTARY INVOLVED: IN GARFIIELD COU1,'TY r. 5A k C)1- cc -42o ADO" y Gt.4"; RULING OF TETE REFs,Rl E PECEf vp j ABSOLl1TE DECREE FORT FEB 1 1.94 UNDER (MOUND WA'T'ER RIGHTS tYATu f rW Si7ti ffiiYYYY� And the Referee hr,ving mads the investigt tionG required by Article 21 of Chapter 148, C.R.S. 1965, as amended.. does hereby make the following; rulingT, to wit: Thin, application wan referred to the Water Referee of Wistar Divieion No. ';i on tho 12th day of J,,i, ' , 1972_. 1. Name of Applicant Walter E. Castle & Alice A. Castle. Address Rt. 1, Box. 95; New Castle, Colorado 2. The nomo of the structure is Castle Well. 3. The Legal description of the :itrtictaire i;; : '[fie xdell 1 :a located in the SEt$;1E1/4 of Section 1, '1', 6 S.," 14'. 92 W. of the lith P.M. at n point wijerice the East Quarter Corner of said Section 1 bears East 250 feet_ and South 1035 feet. It. The depth of the well is 365 feet. 1 ref. 5. The date of initiation of appropriation is April, 21, 1967. 6. The amount of water claimed is 0.013 cubic foot per :.ecou f of time. 7. The use of the water i9 domestic and livestock. 8. The State Engineer's number i:. mine. 9. The Priority date is April 2 1 , 1967. 10. Tho date of the application wa:. .]coin.: 30, 1972. It is the ruling of the Roferue L1,..t the :.t itement:i 1u i II' application i,rc: true and that the above dei,crib.:.i Water rising approved and granted tho indicnted priority; s.uii,jei:L, however, 1.. all earlier priority rights of Tithe rt. It 10 nccording!ly ordered th,,t Lhih ruling; shall b..•.:oniv effective upon filing with the Water Clerk, subject to Judicial a.:view UN provided by law. y7 Done at the: City of Glenwood Spriai;i;, Colorado Zi day of t` A' C1150/l ",f . 1973 - no lgo protest wan filed in thin matter. Tho foreP.pini; ruling in confirmed. ars'. nr;rroved, end 13 mhdo the Judgment and Decree of thin oourt. flntod: %77.3 t tar Jf.lifu C.t1i111:•r 1)ivl;.ion Po. y :+ t:, L.: of Cu l o rndu 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Well No. 2 1 1 1 1 1 1 1 1 1 WRJ•5.Rev. 76 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 Application must be complete where applicable. Type or print in BLACK INK No overstrikes or erasures tunlrss initialed. PERMIT APPLICATION FORM { xl A PERMIT TO USE GROUND WATER { x} A PERMIT TO CONSTRUCT A WELL FOR: ( x1 A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO ( X) OTHER .taex ti.L #ti65r14 WATER COURT CASE NO. (1) APPLICANT - mailing address NAME NO.rm_eiasenl STREET P.O.- I3nx 1 f 95 CITY Basalt, CQ (31521 (state) (Zip) TELEPHONE NO. ( 970) 927-394 3 (2) LOCATION OF PROPOSED WELL. County GARFIELD SE ''4 of the NE Section 1 Twp. 6 5 Rng, 92 yj_, 6th P.M. Irx.Sl IE.IMI (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 1 5 Average annual amount of ground water to be appropriated (acre-feet(: _9 . 2 3 (combined Witt Cedar Hills Wells 1-4I) 1 umber of acres to be irrigated: Proposed total depth beet): 1 10 Aquifer ground water is to be obtained from: Colorado River Gravel Owner's well designation Cedar 13i11s #f2 IGROUND WATER TO BE USED FOR: ( } HOUSEHOLD USE ONLY - no irrigation (0) ( x) DOMESTIC (1) ( ) INDUSTRIAL (51 I) LIVESTOCK (2) { }IRRIGATION (61 ( 1 COMMERCIAL (4) { } MUNICIPAL (8) 1 OTHER (91 DETAIL THE USE ON RACK IN (11) (4) DRILLER 1 Name Blue Sky Drilling Inc. Street P.0. Box 136 City Silt, CO 81652 (state) (Zip) ITelephone N0. ( 970) 876-28911. No. 1 715 FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt Nn Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no rnalerial injury to existing water rights. The issuance of the permit does not assure the applicant that nsr injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY 1.D. COUNTY (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) tut the well location. NORTH t - T 4- + — 4- — -{- - 1 MILE, 5280 FEET ---- I 1- + -- -1- I n N 3 The scale of the diagram is 2 inches -: I mile Each small square represents 40 act WATER EQUIVALENTS TABLE Ihlnlnded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cls) ... 449 gallons per 11111 111 1 0 I91)111) A family of 5 will require approximately 1 acre-fuur uI ,,ater per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4 42 acre-feet. (6) THE WELL MI.1ST BE LOCATED BELOW by distances from section lines. 21 tilft. from NOr(11 sec. line (north or south) 363 ft. from East sec. line (cast or west) LOT 19 LJLOCK FILING SUBDIVISION Cedar Hills Ranch (7) Tit ACT ON WHICH WELL WILL BE LOCATEDOwner: Norm Clasen No. of acres 3.29 4 'c Will this be the only well on this tract? 110 (8) PROPOSED CASING PROGRAM Plain Casing 7 in hum I- ft. to 76 ft 5" in from Perforated casing 5% z in. from —.---- in. fr 010 _ 1 0ft to 90 ft 90 110 tt to ft 1 1 1 1 1 1 1 ft. to ft (9) FOR REPT ACEMENI WELLS give distance and direction from old well and plans for plugging it: 1 (10) LAND ON WHICH GROUND WATER WII.I. BE USED: I,ot 19/ Lot 20 Owner(s): Norm Clasen No. of acres 3.29 / 4. 5 Legal description: se_c a t- f• ac 1ie_d i (11) DETALLED .LESCHIETION_ of the use of ground water: Household use and domestic wells most indicate type of disposal system to be used. Westar will br, u;1'L.I.Lor--dom6c tic and in 1—hou—&e--pu ocec.II Wastewater _mi 1 1 he di situsud of through standard sapLic tank and leach field systems. 1 1 (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used N / A (13) THE APPLICA (� STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO T• /.//E T OF HIS KNOWLEDGE. SIGNATURE OF APPL!CANT/SI Ilse additional 0 of paper if rpv • u -r k rem lirr•ri 1 t 1 1 1 NUM 111 Stt:1 JUN LINt J 3 - r I I r ) I• 1 i J n — — —p— -- - -I I l CAI ITU CC,•Tl All 1 !RIC 1- + -- -1- I n N 3 The scale of the diagram is 2 inches -: I mile Each small square represents 40 act WATER EQUIVALENTS TABLE Ihlnlnded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cls) ... 449 gallons per 11111 111 1 0 I91)111) A family of 5 will require approximately 1 acre-fuur uI ,,ater per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4 42 acre-feet. (6) THE WELL MI.1ST BE LOCATED BELOW by distances from section lines. 21 tilft. from NOr(11 sec. line (north or south) 363 ft. from East sec. line (cast or west) LOT 19 LJLOCK FILING SUBDIVISION Cedar Hills Ranch (7) Tit ACT ON WHICH WELL WILL BE LOCATEDOwner: Norm Clasen No. of acres 3.29 4 'c Will this be the only well on this tract? 110 (8) PROPOSED CASING PROGRAM Plain Casing 7 in hum I- ft. to 76 ft 5" in from Perforated casing 5% z in. from —.---- in. fr 010 _ 1 0ft to 90 ft 90 110 tt to ft 1 1 1 1 1 1 1 ft. to ft (9) FOR REPT ACEMENI WELLS give distance and direction from old well and plans for plugging it: 1 (10) LAND ON WHICH GROUND WATER WII.I. BE USED: I,ot 19/ Lot 20 Owner(s): Norm Clasen No. of acres 3.29 / 4. 5 Legal description: se_c a t- f• ac 1ie_d i (11) DETALLED .LESCHIETION_ of the use of ground water: Household use and domestic wells most indicate type of disposal system to be used. Westar will br, u;1'L.I.Lor--dom6c tic and in 1—hou—&e--pu ocec.II Wastewater _mi 1 1 he di situsud of through standard sapLic tank and leach field systems. 1 1 (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used N / A (13) THE APPLICA (� STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO T• /.//E T OF HIS KNOWLEDGE. SIGNATURE OF APPL!CANT/SI Ilse additional 0 of paper if rpv • u -r k rem lirr•ri 1 t 1 1 1 OFFICE OF THE STATE TNCINTER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866.3581 FAX (303) 81511-358) MEMORANDUM TO: FROM: SUBJECT: STATS OF COLORADO December 16, 1993 DWIGHT WHITEHEAD JEFF DEATHERAGE ap REGISTRATION OF DECREED WELL, DAVID MAVES FEB 11'94 VIA ILit Roy Romer Governor Ken Salazar Executive Director Mal D. Simpson State Engineer Pursuant to our conversation today, I am returning the attached change in ownership/address form for David Mayes. The present location indicated on the form appears to be more than 200 feet from the decreed location. If the well is within 200 of the decreed location, please have the applicant correct the location indicated on this form. If the well is not within 200 feet of the decreed location, the applicant should have the decree corrected to reflect the true well location. Thank you for your assistance. Let me know if you need zirly additional information. 76 I 16- rr7 6.7( r7 •7 ( J 1 1 1 1 1 1 1 r irW uo. 1 WS- Or.93 PRIOR TO COMPLETING F011M, SEE INSTRUCTIONS ON REVERSE SIDE= STATE OF COLORADO OFFICE OF THE STATE ENGINEER 810 Centennial f#krq., 1313 Shennai St. Dermot, Cororerio 00203 (303) 866:1581 CHANGE IN OWNERSI II@/ADDilLSS / LOCA 11()N WELL PERMIT', LIVESTOCK IANK OR EROSION CONT not, DAM NEW OWNER NAME(S) ........r .CA,".W''............ ..C.x.S e= C Mailing Address j _C] '4 1 S S City, St. zip ,.S ct c -\ A Co ll4 Phone (3 2') Ct s `} 3 0 4 TH!S CSC NGE IS FOR ONE OF TI IE FOLLOWING: LJ WELL PERMIT NUMBER 1 n 5 D LIVESTOCK WATER TANK r,Turvin r L_ 1 EROSION CUNT ITCl1. t ►Atyt Nl1Mf3En For Office Use only • Subject to FievisioP WELL LOCATION: COUNTY .._'uC+..+r J (Arrdr lis). Sl Cie `:or:. II I�iI G�(_, , Distances from Section Lines Subdivision OWNER'S WELL DESIGNATION V,_c�1/43 eS,l Wily) Twp, (S CIN o4 r'` S , lt,t nt7 r. FI. from - N. or ES. Lina, t 2,o v Lot ...... Block ((��ts..1 LLJ flat i� E ar WW. 6 T� P.M. Ft. from E E. or E W. Line. Filing (Unit) LIVESTOCK TANK OR EROSION CONTROL DAM LOCATION: COUNIY 1/4, Soc. ,.,,....,...., Twp,. ......,.. ❑ N. or ❑ S. flange ❑ E. Of l _J W P.M The above listed owner(s) say(s) that he (they) awn the structure described herein. The existing record Is being amended for the following reason(s): Eom`�I j� Change in name of owner. l Change In malting address. LJ Correction of location. I (we) have read the statements made herein, know the contents thereof, and stale that they are truo to my (our) knowledge. (Pursuant to Section 24-4.10.4 (13)(e) C.R.S., the making cf false stalamer tts tletein constitutes perjury in the second degree and Is punishable as a class 1 misdemeanor.) % Nameffele (Please type or print) / A/a. t/ . ei.045 r '' f F011 OFFICE USE ONt,Y Date Stere Fsginoot . Fly faro Court Casa No. Div. Co. # WD 3r lit:;in MO Use filed for rerord the dee of ,A.fr. 10 at o'clock M. 1ECOADEI accordion Np. QUIT CLAIM DEED THIS DEED made 7h1 day of between DAVID W. MAVFS ary MAL -NE 3. MANE^ of the County of Colorado, of the fletit cart, and NoRmAN E. CLAsF:7 and L U•'V 13. CIA -FN e.hnte levet ■bruise it el tf.e County of wiloteiftN. that aha tia.a tatty of the flit+ 1, 1. rg. 1F'7 rot ] .17.q and Stst! of Sy DEIUfl. east State of colorerts, of the second part: rid in col.alderetleai o} the Ilan of $1O.GO ro the said portliest of the lies: part in hand rain} ry the said part(lex) of the second part. the receipt whereof is here• by confessed and ecanawiec,ed. has remised. releesrt, sotd conveyed and OW CLAIfi'ED, rand by these presents cotes) remise, reteaSe. sell, convey and 31111 CLAIM unto the Sala partlies) of the second part, (their) heir}, Successors and assigns, fore.e•, at the right, t+tle, Interest, Claim and de,fiand utich Is said part( its) of the fleet part NSW In end to the fancying described tot cr carrel of tared slltaate, twirl are} being In the County of C,ARFI'ETD and State of Colorado, to wit: 22 SNARES OF IMF ROS•'.rt1 DI reH, 2 F" (i `T'IrTG WELLS, PERMIT NUMBER 175363 8 176514. 1 SPRIGS NAMED HAVES 111, HAVES I)2, MAVEs +93, at50 k o.,n as scree: and nu-oe- GARFIEW cc l^r17 10 .AVC &NO ".a I'00 :he tare, tolethee with all a..t srr•ywlsr the at'l.erlenan[en era/ pr lrrlsors lhrrewnta belongln0 or In artyrr n.♦ ;hal ewn;p I, e'er:a.nirg ar,J 011 the ental•, •.01, 1111(. tnt.rr,t erre [lawn ..hataoevrr, of the said port(Iee s' the fr re: part (.tiler n [a•, at erprily, to Thr { Y•vrar wta. teenerlt arrt let.uuf ul the na1J par 11 .eel el the second part, ftte♦ir1 hairs iiod ettryr't forever. {w wltwESS 1%10.1a(0/. the lied partite%) of the fer•.i tart he(s) hereunto set their haw and seal the day and Year first above written. Sis"ee. Seated a )elfverer on :he Presence of it 7• (SEALI 1676 r,•utTNE'J. �b1vrS.g DAV1O'W. IN -FACT (SEAL) HAVES, ATTORNEY - '•e `.1 a ^s:rts•a%: .as aserawtrdgrd brrwre me this day of 11?.10 ::. NAVES, !.'D LJUALI.Y ACM AS ATTORNY-1:1-FACT FOR r1AXINE J. MA/ES . r' 114" 16. CS i' till y?� 31ri; °, ft 1• 1 //d :rR#}r aCl+zk?r rel 3:31. . 3�• •�as_ `-• JAµ_{ f AA f lit=L11A w: -- ...-•-_0 .e..? 5 f ,is ., t-z.41L�1rrY :C"DVi(a .J1' CIoIN C(I7 G•13537 tint: -I ,.: a•.S :e :la kr, MAL) 1 1 1 1 1 1 1 ffRN NO.. cvS-31 111/40 WELL PEnMI I- NUMBER ✓ WELL CONSTRUCTION AND TEST REPOR 1" STATE OF COLOf1ADO, OFFICE OF T1 IE STATE ENGIN1z it 2 • 11 S.." f.# 1153ti3 OWNER NAME(S) Dave flaves Mailing Address 1873 L RD City. S. Zip Fru i to (0 81521 Phone ( 303 ) 1158-964? 3. 4. rot Orrice Us* only RECriVED MAY 1 8 '94 WATE: STAsr WELL LOCATION AS DRILLED: SE 114 fJl_ 1/4. Sec. 1 I ;ill. (, ", , Range'i"td DISTANCES FROM SEC. LINES: 3100 ft from South Sec. line. and 1200 ft. from cast Sec, Line. OR SUBDIVISION: (north or scrum) 5tlt 1't (east o« we*1 LOT 1 BLOCK FILING(UNIT) STREET ADDRESS AT WELL LOCATION: Ute, .,.. GROUND SURFACE ELEVATION DATE COMPLETED March 2,1, 1391 ft. DRILLING Ml: i 1 IOD . TOTAL DEPTH 1II) f i r • ''r1 ' . r- r i ro rt C DEPTH COMPLETED 110 tt 5. GEOLOGIC LOG: -GDePth �El�E3UIt1]ErPt fir - "u` CaO,. W G-15 :Id truly L1ay 15-Li,1 r. lay, Mid Iv ) (ir'L1 y 63-8 . Shale 1 "mi MIS ii'L-`.fi Sandstone !.,'"minus (Iran Gr'av 98-11U shha1e !."mirios Gray WATER AT 05' REMARKS:_ tDISINFECTION: T 6. HOLE CEAM. (in.) From (ft) ,r.. To (ft) tt 11'1.' 7. PLAIN CASING OD (iii) Kind Wall Size Frorn(ft) To(ft) 7 Steel 51;r. ltl' . 110' • *PERI'. CASING: Screen Slot Size: I /.r;" .Y 4 ., _ otic :r; r or"' t 7rt" 8. FIDER PACK J. PACKER PLACEMENT: Material 1I(IIIE Typo Interval Depth ltd. GROWING RECORD: Material Amount Density Interval Placement Grout. 'U)011)5 a2 0,,/ /004A, 1 r"Ar'1t Alia. tl ;t. i 2 WELL TEST DATA: TESTING METHOD Static Level to 2I?' IH.trid 7 Check box if Test Data is submitted on Supplemental Form. :.1l;" 11. Date me in. a ;'tled 3/23/91' Pumping level ft. DnteJTnte :iret1 Remarks Ptonficiion Rate I? gpm. Test length (hrs.)� 1 tun,* resp/ Ni* stns.+.mnnt1 nrn.ly 11,0 ii rind kiewe the commits Ii..vn.••r, nr&I Oust they ern Lim to ore I& tedle. Irinsnent to .::e.tr.et :4 4 107 (IS)(n) 0 IL:... Um nwlu. of )else staXernents herein constitutes t•n"jury In 11., snag de��rrn a1.J rs p"n igial.ie as a cln+a 1 u.i•.Sernetuvoi l CONTRACTOR BLUE SKY DRILLIrIG, INC. MailingAddress P.O. BOX 136 5111.1 C1! C1652 atnt the )'lea a type. or Mint)- - e Sit lr r:hurt/ 5 U:Jtu Ktnl .. G�rtcclr'1 Dr 11 lel* C-1,71.-"-a- Secretary/Treasurer-v../2 )1"7. /'1 -"r /SicC-' Phone (103 ) P76-nlnifi Lir~. No.l119 Form No. • GWS -25 1 1 APPLICANT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial 6tdg., 1313 Sherman S1, Denver, Colorado 80203 (303) 865-3581 DAVE MAVES 1873 L RD FRUSTA CO 81521 ( 303)8513-9642 PERMIT TO CONSTRUCT A WELL 78 WELL PERMIT NUMCW U 12%2I63 - DIV. 5 CNTY. 23 WD g5' DES. BASIN MD 37 Lot: 1 Block; Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NE 1/4 Section 1 Twp 6 5 RANGE 92 W 6th P.M. DISTANCES FROM SECTION LINES 3100 Ft. from South Section Line 1200 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf11ONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3) (b) (tl) (A) as the only well on a tract of land of 55.3 acres described as that portion of the NE 1/4 of Sec. 1, Twp. 6 South, Rng. 92 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit 'A'. 4) The use of ground water from this well is limited to ordinary household purposes inside three (3) single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on a farm or ranch, and the irrigation of not over one (1) acre of home gardens and lawns. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shnll he can-Innctrxi not more tliarr 200 Leet from the Inc.1liern specified on this permit. IAPPROVED JD2 I Stare Engineer Receipt No. 0357034 DATE ISSLIF.D nrr 1 7 f0O fr1TV ay FYPrfx.ATtC''1 r7FT= nFr 1 7 ;n' • r, Li C] 1 c• 1 r•r't1Htrtlrrl 111 Isrettver. }' r i ;'..t;,�•.i,+It::t i 1• i 1]I VT 6I+DN CIIECKLLL T FQR 'VtFdda _PERMITS• REC���93 Name of applicant.: M 1 i/E 1 /7/211/:6- DEC 03 '93 W TT!! :;ED1.;t:+`.ES *ea/'_ cA t_ c .-_ f' 1 Application typed or neatly printed in bleak ink Corr.eet boxes cloaked far appropriate action Previoun permit number correct for replacement tael 1 , etc. Court case number linL`ed for decreed tael Ln Plaid ittapection completed and attached (fen or late reg.) Applicant Mailing Adcironn Mailing address correct and legible (printed or typed) Telephone number correct and current(local number if possible) Location of proposed well f.oea1iort correct according to Information supplied by applicant Location consistent with 'tome (5), (G) on npplicaL!oii note: diutancen and 1/4, 1/4 must be aueanured from SE corner of section for Arregular aecLlonn Water use and well data, rl K « Propoaad pump, rate" Completed (15 g1i:G: for: exempt dom. and 1111) "Amount of appropriation" completed "Aaron irrigated" completed & mastclten type of well applied for Cl"Propound total depth completed • 'Aquifer istforinntion completed ("unknown" if not: sure) Owner's well don igitnti on completed (optional) f3rou water to be used fort Domaatic r houeoliolccl sue well C] tion -over ppropriated area over reprinted area, 35 Daren or more (mrtat include deaoription) Cl subdivided before June 1, 1972 or exempted by county (attach copy of exemption) nubdivlarlon date & lot I1 nota: tuuat include dencripLiono of pareela not in a uubdiviuioat (plat or metes and bounds) C] , : Other (oommekoial, municipal, etc. ) .1 Driller • 0--- be. otgnatod driller-- a appy of permit neat: to driller indicated • ✓ "Colorado Liaonaed" -- ell copier' °!' ]omni t sent to applicant Location of proposed well (map) k7 Completed and aonein lent with items (2 ), (6) on application 1 1 1 1 1 (9) 1 , I ft.•.• I (di) Location of proposed well (ddintattaoo from nuo4_.ion 11.Itau ) 1 Completed and'aonniatont with item© (2). (5) on nppliantion, car - supplied information Subdivision informntion completed (►rites+ nppl.tcrthicl) (7) Trac ' on which well will be located ■ Completed c .„ ynote: if 11:11. • use or domestic on 35 acres in ovnr- nppLopriated nrea can only have ono well per tract (check 10 verify rio other wells in the 1/4, 1/4) Proposed caning program' o 1) Gl Completed :Minimum cawing size of 4" 1r 1a, with 20' solid aldol aurfesao caning (1' nbovo ground, 19' below) *Vnt:ianco request (letter and diagram) attached if applicable For replacement~ walls I1Complo6od if `"applicable -- dialaiice nlul "according to rules' • Q" �f which groutidtan f o r will bo used (10) 1,attd Completed if applicable (for irrigation only wells) note: can bo used to deocribo only well on 350 acres II(11) Detailrac�l*'r3ectcrilstioti t.ti { ., Completed correctly- and in detail j trots: bo specific nbc ut; uaou, .especially number of houses to he 'served,- etaakwater, irrigation - must be consistent: with typo of well requested. Remember to indicate typo of dinpoaai for :domestic and 11.11. (12) Other ator rights inaludo well permit number if answer in (17 was no) 1 1 .�. 1 Complotacl if applicable (13) Signatj • •t line• ` ; I r.. • 1 ,• 1 I 0I1 - Signed/dated by*APPLICANT OR fi:I'nt:^MNTA` I Vr (w/written nutltorl,ty-print name and title of representative) 1(14) Comments 77/0 -. . 5 rf .3 ppliootion fee attached: lipplication tnkan by: Application checked byt r Ke r'" .�� .' ( p. d"+tCG • 1V i Cheek )) J'i/ Amos , f' /5 a ,S e G 4 4e, ----�+�.•- -4 a —'" -rte ez 2 +� ,QG q ter. .s i4- ' oas (2. 4v (9 -t- 6,1--1/4 4_7 - t- G,1--,,cZ._7- t_ t` 4 4 el ge e EXHIBIT "A" NGE387 .AJC 0;'33 -47(1'/U JUN 21 '93 TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M. • t,4r1.r; S1`CTION 1: Lot 1 and SE1 /4NE1 /4 lying North of County Road No. 214. rnURNE54ituCE 'SATE [Hlllrit5ii EXCEPT THAT part of the above described property lying Westerly of the following described line: Beginning at a point on the North line; of said Lot 1 whence South Quarter corner of Section 33, 4p. 5 S., R. 91 Ire., 6th P.M. bears E. 341.24 feet; thence S. 0 degrees 09'07' E. 1333.21 feet; thence S. 82 degrees 54'41" W. 69.04 feet; thence S. 0 degrees 00'SO" W. 1134.35 feet to a Northerly right of way line of the County Road. TOWNSHIP 6 SOUTH, RANGE 91 WEST OF TI!!•: 61'11 P.M. SECTION 6: Los 3 and 4 except that part conveyed out by Document 251949. That part of Lot 5 and the SE1/4NWl/4 described as follows: the point on the Parcel Nn. 1: Beginninil at the Northwest Corner of said Lot 5; thence South along section line as fenced to the North right of way fence of the county road; thence Easterly along North right of way fence of the County Road, as fenced, 191 feet; thence North to the North line of said Lot 5; thence Westerly along North line of said Lot 5, as fenced,, to the point of beginning. rareed No. 2: Beginning .i1. the Northwest Corner of property described in !tome 340 at Page 537 of the record's of Garfield County Colorado; • thence Northwesterly to the Northweat Corner of the SE1/4NW1✓4 of said Section 6; thence Easterly along the North line of the SE1/4NW1/4 to the intersection of the property described in Book 297 at Page 438 of the records of staid County, as fended; thence Southerly along said property to the County Road; thence Westerly along the North right of way of the County Road to the intersection of property described in Book 179 at Page 442 of the record:: of said County; thence along said property line to Point of Beginning. ALSO EXCEPTING from the above those portions conveyed to Maxine R. I>awsnn by Deeds recorded July 1, 1977 in Book 490 at Page 41 as Reception No. 279318 and recorded January 30, 1979 in Book 522 at Parte 365 as Reception No. 291799. Ar.'() EXCEPTING that portion conveyed to rani L. ldhittingt:im .+n.1 1'.iltnri O. Whittington by Deed recorded r'erbrnary 6, 199d In I,uok 023 at Page 152 as Reception No. 431442. COUNTY OF GARFIELD STATE OF COLORADO TOGETHER WITII BUT WITHOUT WARRANTY 22 shares of Roseman Ditch water rights. RESERVING i1NTO GRANTORS an easement on rho east end of property from 1rI.Pt to Ilnseman Ditch and also on west e,11.1 of property to Roseman Ditch to water cattle from BLM.. 1RECEIVED- -cat 0-3'93— _m_wcroftEsouRas STATE ENGINEER COLO - „tie) 41 of • 17 33 . . / C. — de---/ "L- e -,keZ3 s-7 4> z_7‘ 4- 4±Le -e- / 4 /I? 9 / - ote' /1'1 7 Iv c / 6 7 !I o .0•C Z, c e 0 at4 7 /2.33 _Ace. 7e 4/7,1 -2 • / (L- 7-4 e 44 jr. ,. __// 3 Ar e • "4. ..41 s- . 3 / 7.>" 4. 6. 2 .>t e t.- -re ; 4 c ( L4/ IrD' 0 _ • • _ • —.• _ . -- • / LCC , 36- 7 0 3 y STATE OF COLORADO 1FFICE OF THE STATE ENGINEER Division of Water Resources pepartrnent of Natural Resources 1 31 3 Sherman Street, Rroni 8111 Denver, Colorado 80203 Phone (3031866-3581 FAX i3031866.3589 DAVE MAVES 1873 L ROAD FRUITA CU 131 521 August 11, 1993 RE: Application Receipt No. 357034 Dear Mr. Mmes: Roy Romer Governor Ken Salazar Execrative Director 1 lal D. Sirnp on State Engineer Your application for a permit to construct a well is being returned for additional information and/or correction. The requested information is required before your application may be evaluated further. All corrections and/or additions made to the application form must be typed or printed in BLACK INK and dated and initialed by the applicant, or the authorized went of the applicant, Domestic type well permits are typically available on parcels of 35 acres or more if the well will be the only well on the parcel. In item #7 on the application, you indicate this will not be the only well on this 172 acre parcel. We may still be able to issue a domestic well permit if you can provide us with a legal description for a specific 35 acre or larger parcel on which this well will be the only well. The legal description needs to be a metes and bounds description, or a surveyor's plat, and must contain a tie to a section corner or quarter corner. (The current legal description does not contain a tie to a section corner.) The parcel size must be indicated in item nos. 7 and 10 (this should agree with the legal description you submit). Make sure to reference the legal description in item #10. Also, note that the proposed well location indicated in item #6 would place the well in the SE 1/4 of the SE 1/4 of Sec. 1, but in item #2, you indicated the SE 1/4 of the NE 1/4 of Sec. 1. Please amend the information in items #2 and #6 so they are consistent with each other. Thank you for your cooperation. If you have any questions, please contact this office and reference this letter and the above receipt number. Sincerely, f(yl ,/ f 1! r 4 Jeff Deatherage Engineer Enclosure(s) Well No. 3 1 1 1 1 1 1 1 1 1 1 1 I WR-1.5-Rev.76 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 Application must be complete wltete applicable. Type or print in BLACK INK, No overstrikes or erasures unless initialed. PERMIT APPLICATION FORM (x } A PERMIT TO USE GROUND WATER (x l A PERMIT TO CONSTRUCT A WELL FOR: (x } A r'EIiMIr TO INSTALL A PUMI' ( ) REPLACEMENT FOR NO. ( )OTHER WATER COURT CASE NO (1) APPLICANT - mailing address Norm CI ason NAME STREET' • O• Box 1 1 5 5 CITY Basalt, CO 81621 (Statel TE LEPIIONF NCI. 970-927-3043 t?Ip1 (2) LOCATION OF PROPOSED WELL County Garriel.cl SP. V4 of the N101 '4, Section 1 Twp. 6 S Rng, 92 IN, S$ W 1 E. WI 6Lh P.M (3) WATER USE AND WELL DATA 25 Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): (combined total. of Wells 1 l ) Number of acres to be irrigated: 9.. 23 Proposed total depth (feet): ) I Aquifer ground water is to be obtained from: C'4,-)1 ()rad() R i vt~t- Gra vr� 1 Owner's well designation Ce(3h r. Ii i1, l s fila n eh We l 1 GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY • no irrigation (0) Iacxy DOMESTIC (1) ( } INDUSTRIAL (5) I( ) LIVESTOCK (2) 1 1 IRRIGATION (fi) 1 ) COMMERCIAL (4) ( 1 MUNICIPAL (8) I I OTHER (9) IDETAIL TIRE USE ON BACK IN (1 1) (4) DRILLER IShelton Drilling Corp. Name Street III City f3asa l I: , CO 0 1 6 2 1 /stated 970-927-41U: No 894 20474 liwy fl2 1 Telephone No. FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. Basin Dist. CONDITIONS OF APPROVAL This well shall he used in such a way as to cause no m att:ri,rl injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER _ DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY - I.D. COUNTY (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location, + —� -i- ! I� 1 MILE. 52$0 FEET Yl + -1- ± -1- + --F- ± - I_NORTH I I f 1 �— - -1- I -1-- i (6) THE WELL MUST BE LOCATED BELOW. by distances from section lines. 2283ft. from North sec, line • (north or South) • 95 ' ft from Eastsec. line' (east or west) LOT BLOCK FILING er SUBDIVISION Cedar Hills Ranch i'r 1 � MUCH (7) UCH WELL mu._BE LOCATED Owner: r No. of acres 77 • -' Will this be T The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE IRounded Figures) An aere•foot cowers 1 acre of lana 1 foot deep 1 cubic foot per second irk) ... 449 gnlloois per minute (gprnl A fancily of 5 will require eoyltroxulrately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gory!' pumped canlmuorlsly for one rimy produces 4.47 acre-feet. the only well on this tract? HD (8) PROPOSED CASING PROGRAM Pia in Casing 7" in from 0 ft to 12 1 ft 5" in from32 ft to 1 60 ft Perforated casing 1 5" in from 1 1 0 ft to 1 5 0 ft. in from ft to ft 1 1 (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: (10) LAND ON WI-11CH GROUND WATER WILL BE USED_; Owner(s) ; No} -Ill C 1. e1 sen Legal description• See Attached No, of acres: 77.5 (11) 12ETA1LEI) CIESg i31PTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. tJnl:r'1- will be used ror domestic and irrigation lmrposes. Waste water w.i 1 .1 be dist onecl or through standard septic tank and leach .piece) systems. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose/ NSA Description of land on which used (13) THE APPLICANJS1} STATE(S) THAT THE INFORMATION SET FORTH HEREON 15 TRUE TO T OF HIS KNOWLEDGE. SIGMA TUBE OF APPLICANT(S) Use additional sheets of paper if more • re is required. 1 1 1 1 1 1 1 1 1 NU►t 111 Ski; 7IUIJ LINK Lu. .-. z D - - 1 I — - -.. I • I - A to m m n J. n0 __ I --I Z E _I_ !L L er-u 1 T ll Crd ICI 1 !RIC -1-- i (6) THE WELL MUST BE LOCATED BELOW. by distances from section lines. 2283ft. from North sec, line • (north or South) • 95 ' ft from Eastsec. line' (east or west) LOT BLOCK FILING er SUBDIVISION Cedar Hills Ranch i'r 1 � MUCH (7) UCH WELL mu._BE LOCATED Owner: r No. of acres 77 • -' Will this be T The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE IRounded Figures) An aere•foot cowers 1 acre of lana 1 foot deep 1 cubic foot per second irk) ... 449 gnlloois per minute (gprnl A fancily of 5 will require eoyltroxulrately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gory!' pumped canlmuorlsly for one rimy produces 4.47 acre-feet. the only well on this tract? HD (8) PROPOSED CASING PROGRAM Pia in Casing 7" in from 0 ft to 12 1 ft 5" in from32 ft to 1 60 ft Perforated casing 1 5" in from 1 1 0 ft to 1 5 0 ft. in from ft to ft 1 1 (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: (10) LAND ON WI-11CH GROUND WATER WILL BE USED_; Owner(s) ; No} -Ill C 1. e1 sen Legal description• See Attached No, of acres: 77.5 (11) 12ETA1LEI) CIESg i31PTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. tJnl:r'1- will be used ror domestic and irrigation lmrposes. Waste water w.i 1 .1 be dist onecl or through standard septic tank and leach .piece) systems. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose/ NSA Description of land on which used (13) THE APPLICANJS1} STATE(S) THAT THE INFORMATION SET FORTH HEREON 15 TRUE TO T OF HIS KNOWLEDGE. SIGMA TUBE OF APPLICANT(S) Use additional sheets of paper if more • re is required. 1 1 1 1 1 1 1 1 1 Well No. 4 r 1 1 1 1 1 1 1 WRJ.54Rev. 76 Application must be complete wlietet applicable. Typo or print in BLACK INK. No overstrikes or erasures unless initialed. r `1 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 I'Er;MrT APPLICATION FORM ( IA PERMIT 10 USE GliOI.INU WATER ( ) A PERMIT TO CONSTRUC 1 A WELL FOR: (x1 A PERMIT TO INSTALL A PUMP ( 1 REPLACEMENT FOR NO. ( ) OTHER _ WATER COURT CASE NO (1) APPLICANT - ttlnililtel rnklr css NAME STREET NorIT1 Clasen P.Q. Box 1 1 5 5 CITY Basalt, CO 81621 tstatnl (71e) TELEPHONE NO. 97U-927-31)43 (2) LOCATION OF PROPOSED WELL County Garfield ST? 1/4 o f I h o 111? I Twp. 6 S -. , I3 ntt. _92 IN.SI 1 1 1 6 Stiction 1 W. tr.w 6 gilt P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm1 25 Average annual emoted of ground water .23 ?3 to be atrFo aprime;LI (are -feet): k corabineci total o f ells I-4) Number of acres to be irrigated: ft. 90 Proposed total depth (feet): 1 60 Aquifer ground water is to be obtained from: Colorado River Gravel. Owner's well designation 1'rrl r`t r 11 i 1 1 s 1 F1 tl (lb WS'_ 1 L GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (01 ( x) DOMESTIC (11 1 1 INDUSTRIAL (5) ( 1 LIVESTOCK (21 ( 1 IRRIGATION (6) t( 1 COMMERCIAL_ MI 1 I MUNICIPAL (f3) 1 1 OTHER (9) 1 1 DETAIL THE USE ON HACK IN (1 1) (4) DRILLED Name Shelton Drilling Strervr ICity al t --r (sC(taLter) 13 1 6 2 1 Corp 2(1474 Hwy 132 Telephone No, txtpl 970 -927 -4113& -No. 894 4 I -UH 0I:1- 1t;1: ()SL ONLY: I)1) NO 1- WIiI 1 E IN THIS COLUMN Receipt No. Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no mai 121411 injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED -- EXPIRATION DATE 13Y (STATE ENGINEER) l.D. COUNTY (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. WEST SECTION LINE 1 - -1- -- -1-- 4 1 MILE. 5280 FEET -1 -1- -1- I NORTH SECTION LINE -1- • SOUTH SECTION LINE -1- - -1- - -}- -1- Ni 1 NOi1D3S 1SV3 Tits scale of the diagram is 2 inches 1 utile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute lawn) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpnt pumped continuously for one day produces 4.42 acre-feet. (6) THE WELL MUST BE LOCATED BELOW' by distances from section lines. 2381 ft from North sec. line' (nor(, or south) 942 ft from East sec line (east or west) 1 LOT BLOCK FILING * SUBDIVISION Cedar Hills Ranch, (7) TRACT ON WHICH WELL WILL BE LOCATED Ownor No. of acres 7 7 _ 5 Will this be I the only well on this tract? No (8) PROPOSED CASING PROGRAM 1 Plain Casing in from ft to ft in from ft to ft Perforated casing in from ft to ft in from ft to ;t (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it: 1 1 (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): NOM Clasen Legal description: See Attached 77.5 No. of acres: (11) IaETALL.ED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. Water will be used for domestic and irrigation purposes. Waste water will be disposed of through standard septic tank and leach field systems. (12) OTHER WATER RIGHTS used on this land, including wells. Give Type or right Used for (purpose) _Ni/1 1 1 Registration and Water Court Case Numbers. 1 Description of land on which used (13) THE APPLICANT'() STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO APPLICANT) OF HIS KNOWLEDGE. SIGNATURE OF APPLICANT(S) Use additional sheets of paper if more space is required. 1 1 1 P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 l Z4NC4t1ELL4 ,lNO 4550C14TES Er4GiMEE WIG CONSULT4M T5 December 26, 1995 Mr. Eric McCafferty Garfield County Planning and Zoning Commission 109 Eighth Street Glenwood Springs, CO 81601 Dear Eric: Ar (970) 945-5700 (970) 945-1253 Fax Da; : We have continued to monitor the water level in Well No. 3 to determine its seasonal variability. The well was originally tested on June 16, 1995. At that time, the static water level in the well was 73.17 feet below the top of the well casing. Figure 1 attached is a graphical representation of the water level in Well No. 3. We have updated the graph for your review. As you can see the water level in the well is beginning to show the expected winter decline. On December 19, 1995 the water level was at 63.1 feet below the top of the well casing. The current water level is still well above the 75 foot level that would require the developer to rerun the pump test. In response to your question as to why the water system was not looped. The water system was designed to provide water service to the lots as a linear system. The water line was enlarged from the county required 4 inch pipe to 6 inch pipe to compensate for not looping the system. The systern was not looped because of the large amount of shallow bedrock that would have been encountered in the area of the emergency access road which runs through Lots 10, 11 and 17. This area may have require blasting to excavate the bedrock for a looped water line. The blasting and excavating would have caused substantial disturbance to the visible slopes of the subdivision. If you have any questions, please call our Glenwood Springs office at 945-5700. Very truly yours, Zancanella and Associates, Inc. Thomas A. Zancanella, P.E. President cc: Lee Leavenworth Roger Niel Norm Clasen 'Y TAZitll!95213.gar2 tr DECLARATION OF PROTECTIVE COVENANTS FOR CEDAR HILLS RANCH SUBDIVISION THIS DECLARATION OF PROTECTIVE COVENANTS FOR CEDAR HILLS RANCH SUBDIVISION is made and entered into this day of , 1996. ARTICLE I PURPOSE OF COVENANTS These Covenants shall govern and be applicable to that certain real property situated in Garfield County, Colorado, known as Cedar Hills Ranch Subdivision, as defined and described in the Final Plat (hereinafter "Final Plat") therefor recorded in Book at Page as Reception No. in the office of the Clerk and Recorder of Garfield County, Colorado. It is the intention of Norm and Laura Clasen and Spring Creek Land Company, a Colorado limited liability corporation (hereinafter "Declarant"), expressed by its execution of this instrument, that the lands within Cedar Hills Ranch Subdivision be developed and maintained as a highly desirable scenic residential area. It is the purpose of these Covenants to preserve the present natural beauty and character of the property along with the views and setting of the Subdivision to the greatest extent reasonably possible, and the lots therein shall always be protected as much as possible with respect to uses, structures, landscaping, and general development as permitted by this instrument, These Covenants shall be a burden upon and run with all of the lands within the Cedar Hills Ranch Subdivision. ARTICLE II OWNERS - HOMEOWNERS ASSOCIATION 1. Membership. All persons or other entities (hereinafter referred to as "Owners") who own or acquire the title in fee to any of the lots in Cedar Hills Ranch Subdivision by whatever means acquired shall automatically become members of Cedar Hills Ranch Homeowners Association (hereinafter "Association"), a Colorado non-profit corporation, in accordance with the Articles of Incorporation of Cedar Hills Ranch Homeowners Association, which shall be filed with the Colorado Secretary of State and recorded in the real estate records of the Garfield County, Colorado, Clerk and Recorder, and as the same may be duly amended from time to time and also filed with the Colorado Secretary of State and recorded with the Garfield County Clerk and Recorder. There shall be one (1) vote per lot in the Association. 2. Purpose. The Association shall be authorized and empowered to take each and every step necessary or convenient for the implementation and enforcement of these Covenants. The Association shall have the right and responsibility to maintain, preserve, repair, insure, and otherwise protect and promote the interests of the Owners with respect to all common properties and interests of the Owners and the Association. The Association shall maintain, repair, and keep all roads, bridges, and easements in good, safe, and usable condition to the extent that such may be reasonably necessary and desirable. The Association shall be responsible for snow C:\FILESleEDAR. IPC February S, 1996 removal services in regard to all Subdivision roads and driveways. The Association shall own, operate, maintain, repair, and replace the potable water system serving the Subdivision, as well as enforce all applicable ISDS design requirements. The Association shall be authorized to enter into agreements with third parties for the maintenance, repair, and upkeep of roads, bridges, accesses, common areas owned by the Association, utilities, and the water system. All costs and expenses associated with preserving, maintaining, repairing, protecting, insuring, and otherwise dealing with roads, bridges, easements, utilities, water system, and Association property and interests shall be borne by the Owners and shall be assessed, all as more fully provided herein. ARTICLE III USE RESTRICTIONS 1. Permitted Uses. Only one (1) single-family dwelling, together with structures appurtenant thereto, shall be constructed on any lot in the Subdivision. The minimum size of a residential, single-family dwelling shall be 1,800 square feet, exclusive of open porches, decks, carports, and garages. The maximum size of any residential, single-family dwelling shall be 6,000 square feet, exclusive of open porches, decks, carports, and garages. 2. Duplexes/Multi-Family Structures. Duplexes, guest homes, and multi -family structures are prohibited in the Subdivision. 3. Outbuildings. Pursuant to the approval by Garfield County of the Final Plat as evidenced by Resolution No. in Book at Page —, Owners of Lots 1,4, 9, 14, 16, 18, 19 and 20 will be permitted to build barns on those Lots. No barn shall exceed 1,500 square feet nor be in excess of 20 feet in height. All barns must comply with the Garfield County Rules and Regulations and Architectural Committee review. The barns shall be for the sole purpose of housing and accommodating horses with no lot to exceed the maximum of three (3) horses (see Article V.2.). Greenhouses shall be permitted within the Subdivision, provided that they do not exceed 500 square feet. Auxiliary buildings such as tool sheds, work areas, detached garages, and the like shall be permitted so long as any individual outbuilding does not exceed 1,000 square feet. No greenhouse or auxiliary building shall exceed 12 feet in height. When necessary to mitigate or screen unsightly property, variances, approved pursuant to Article IV.5., applying to size and height of the outbuilding may be granted by the Architectural Committee. No barn, greenhouse, or auxiliary building shall be used for any commercial purpose nor shall they contain living facilities or kitchens. The location of all outbuildings shall be approved by the Architectural Committee, whether or not located within an approved building envelope. 4. Modular/Mobile Homes. No modular, mobile, or manufactured homes shall be constructed within the Subdivision. This prohibition shall not apply to construction trailers which shall be permitted for eighteen (18) months from the date of commencement of construction, or until the issuance of a certificate of occupancy, whichever first occurs; provided, however, construction trailers may only be used for construction, office, and storage purposes and shall not be occupied as a residence for any period of time. All other trailer homes shall be prohibited. CAM -MAC EDAR.1 P'C February 8, 1996 -2- 5. Existing Structures. All existing structures located within the Cedar Hills Subdivision, including without limitations the existing modular homes and mobile homes and all outbuildings are hereby exempt from the provisions of Article IV; provided, however, in the event such structures are destroyed, replacement of such structures shall be subject to Article IV; provided further, that any improvements, additions or modifications to such structures shall be subject to review and approval pursuant to Article IV. ARTICLE IV ARCHITECTURAL COMMITTEE 1. Architectural Committee. The Architectural Committee (AC) shall be composed of between three (3) and five (5) natural persons. Prior to Declarant's sale of eighteen (18) lots in the Subdivision, Declarant may appoint the members of the Architectural Committee which may include officers, directors, or shareholders of Declarant, in Declarant's sole discretion, and the Board of Directors of the Homeowners Association shall have no authority to remove any member so appointed. Upon the sale of the last lot in the Subdivision, or at an earlier time as determined by Declarant, the members of the Architectural Committee shall be appointed by the Board of Directors of the Association. The persons serving on the Architectural Committee shall serve at the pleasure of the Board of Directors who may remove a member of the Architectural Committee, except a member appointed by Declarant, and appoint a new member at any time, provided there shall at all times be at least three (3) persons serving on the Architectural. Committee. The members of the Architectural Committee may also be directors of the Association and need not be Owners. The Architectural Committee shall have and exercise all the powers, duties, and responsibilities set out in this instrument. 2. Approvalby Architectural Committee. No improvements of any kind, including but not limited to dwelling units, garages, barns, accessory buildings, swimming pools, ponds, parking areas, fences, walls, driveways, antennae, satellite dishes, and walks shall be constructed, erected, altered, or permitted to remain within the Cedar Hills Ranch Subdivision, nor shall any excavating, tree cutting, and clearing or landscaping be done within the Cedar Hills Ranch Subdivision, unless the complete architectural plans and specifications, and a site plan showing the location and orientation thereof, for such erection or alteration and landscaping are approved by the Architectural Committee prior to the commencement of such work, except as Declarant may be specifically permitted to do by these Covenants or required to do by any subdivision improvements agreement between the Declarant and Garfield County. Revegetation of all infills and cuts will be required. Plans addressing the revegetation of infills and cuts will be submitted to the Architectural Committee prior to any excavation. At least three (3) complete sets of the architectural and site development plans and specifications shall be submitted to the Architectural Committee along with a complete list of all exterior materials and colors to be used. All copies of the complete plans and specifications shall be signed and dated for identification by the Owner or the Owner's architect. The Architectural Committee shall have the right to request whatever additional specification information, plans, reports, and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may c:U ILES\CEDAR.1PC February 8. 1996 -3- adopt rules and regulations which shall specify the information, reports, plans, specifications, and the like required to be submitted to the Architectural Committee. In the event the Architectural Committee fails to take any action within forty-five (45) days after three (3) copies of the complete architectural and site development plans, specifications, materials, and colors have been submitted to it and the submittal has been certified in writing by the Architectural Committee as complete, then all of such submitted architectural plans shall be deemed to be approved. The Architectural Committee shall not unreasonably disapprove the architectural plans. The majority vote of the members of the Architectural Committee shall be required for approval of plans. In the event the Architectural Committee shall disapprove any architectural plans, the person or entity submitting such architectural plans may appeal the matter to the next annual or special meeting of the members of Cedar Hills Ranch Homeowners Association where a vote of seventy-five percent (75%) of the members' votes entitled to be cast at said members' meetings shall be required to change the decision of the Architectural Committee. 3. Improvements - Site Location. No structures or improvements, other than fences, shall be constructed within those shaded areas shown on the map attached hereto as Exhibit A and incorporated herein by this reference, which areas shall remain as open space. Pre -approved points for building sites for the primary dwelling structures for each lot shall be identified on the Final Plat and monumented on the property. All building locations within approved envelopes shall be verified by staking and certification by an R.L.S. Site review by the Architectural Committee for the primary dwelling structure is not necessary so long as the structure, excluding open porches, decks, carports, and garages, is located within the identified building envelope, subject to county setback requirements. Site locations for the primary dwelling structures and all accessory buildings which are not within the pre - approved building envelope must be reviewed by the Architectural Committee. Site review for all other structures and improvements must be undertaken by the Architectural Committee. Site locations are subject to Article IV.6.a. herein. 4. Building Permits, An Owner may apply for a building permit from the Garfield County Building Department at any time; provided, however, the plans approved by the Building Department shall not differ in any substantial way from the plans approved by the Architectural Committee. If the plans approved by the Building Department differ in any substantial way as determined by the Architectural Committee, then all approvals of the Architectural Committee shall be deemed automatically revoked. 5. Variances. The Architectural Committee may, by an affirmative vote of a majority of the members of the Architectural Committee, allow reasonable variances as to any of the covenants and restrictions governing architectural control contained in this instrument andfor policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require. No variance shall be granted which contravenes any provisions of these Covenants required by an approval obtained by Declarant from Garfield. County for Cedar Hills Ranch Subdivision or which violate the Garfield County Land Use and Building Codes. No variance shall be granted without written notice of the request for such variance provided ten (10) days prior to the hearing for said variance to all lot Owners within the c:1FTL.ES CIDARUPc Febrwry 8. 1996 -4- Subdivision. Notice to such lot Owners shall be deemed complete when placed in the United States Mail, first-class postage prepaid, to the last known address for each lot Owner as provided to the Association. 6. General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping, and alterations within Cedar Hills Ranch Subdivision harmonize to the greatest extent possible with the surroundings and with other structures as to design, materials, color, sitting, height, grade, finished ground elevation of neighboring lots, and other design features. The Architectural Committee shall strive to protect the seclusion and view of each lot insofar as possible (taking into account final buildout of all lots in the Subdivision) in the development of Cedar Hills Ranch Subdivision pursuant to these Covenants and shall endeavor to protect and preserve the visual character of the property and preserve and maintain the trees in Cedar Hills Ranch Subdivision. A. Soils and Foundation Report, and Grading and Drainage Pian. Prior to the issuance of a building permit by Garfield County, a lot Owner shall cause to be prepared and submit to Garfield County and the Architectural Committee a soils and foundation report, an independent sewage disposal system design, and a grading and drainage plan prepared by a professional engineer. All improvements and structures shall be constructed in accordance with the recommendations and conditions of such report and plan which are included by Garfield County as conditions of the building permit or are made requirements or conditions of the approval of the Architectural Committee. B. Materials and Landscaping. In its review of any proposed development activity, the Architectural Committee shall evaluate, among other things, the materials to be used on the outside of buildings or structures, including exterior colors, location with respect to topography and finished grade elevations, and harmony of landscaping with the natural setting and native trees and other vegetation within Cedar Hills Ranch Subdivision. The Committee shall encourage "xeriscape" landscaping which emphasizes the use of indigenous foliage and decreased water consumption. Each lot shall be allowed to irrigate a maximum of 1000 feet of grass, except those lots which have been given approval for using irrigation water from the Roseman Ditch. C. Site Location. The Architectural Committee shall exercise its judgment to preserve to the greatest extent possible the natural characteristics of each lot and all natural vegetation, including trees and bushes and the natural setting of each building site. The Architectural Committee must approve the location of all structures and improvements to be located on each lot (except as provided above in Article IV.3). D. Fencing. The Architectural Committee must approve all fencing prior to installation. Barbed wire and chain link fencing shall be prohibited. Only wooden and metal fencing shall be permitted within the Subdivision, with limited exceptions pertaining specifically to gardens, kennels, corrals, or other C WtLESlCEDAR.IPC February 8. 1996 -5- elements where a wooden or metal fence would not serve the purpose desired, whether it is to keep animals in an enclosed area or to keep wildlife out of an enclosed area. The type and location of all fencing must be approved by the Architectural Committee. One basis for consideration by the Architectural Committee of fencing will be how it affects wildlife. Fencing shall not exceed forty-two (42) inches in height, shall not have more than four (4) horizontal poles, and the bottom pole shall be at least eighteen (18) inches off the ground. E. Wildfire. The Cedar Hills Ranch Subdivision Architectural Committee shall follow the recommendations of the Colorado State Forester wildfire prevention guidelines, specified by the pamphlet "Wildfire Protection in the Wildland Urban Interface" prepared by the Colorado State Forest Service (CSFS #143-691) attached hereto as Exhibit B, wherever practical, in granting approvals for construction of residences and other structures submitted to it for approval. The Architectural Committee shall, wherever practical, incorporate the guidelines set forth in that pamphlet into the plans approved for lots in the Subdivision to protect the Subdivision, and all of the buildings constructed therein, from the danger of wildfire. The Architectural Committee will consider the guidelines in the most current wildfire publication by the Colorado State Forest Service. No shake or "treated" shake roofs will be allowed in the Subdivision. Metal roofs or other fire resistant roofs will be required. Siding of all structures shall be either (1) constructed of fire retardant materials or materials ""treated" to be fire retardant, or (2) have an internal sprinkler system for fire protection. F. Water Meter. The Homeowners Association will provide domestic water from its well system to all residences constructed within the Subdivision, with the exception of Lots 1, 19, and 20, which will receive their water from already existing wells. Each Owner shall be responsible for providing a water metering system acceptable to the Homeowners Association and the Architectural Committee for the purpose of metering water usage. Such meter must be placed in a location which provides reasonable access, on the outside of the residence, for purposes of reading the meter to determine charges based upon usage. A maximum and a minimum amount of water may be determined by the Association and changed as necessary. G. Lighting. The Architectural. Committee shall consider exterior lighting plans and will recommend that all exterior lighting (with possible exceptions for lighting necessary for safety) be directed towards the applicant's property and consist solely of down lighting. It will also recommend that all lot Owners make every effort possible to limit the use of exterior lighting at night. It shall encourage Owners to build in such a fashion that all light sources not be directly visible from outside of the Owner's property. The intent behind these considerations is to preserve the rural character of the Subdivision by limiting exterior lighting as much as possible while maintaining a safe atmosphere. C: ARLO' CEDAR 1 PC February 9, 1996 -6- 7. Preliminary Approvals. Lot Owners who anticipate constructing improvements on lands within Cedar Hills Ranch Subdivision may submit preliminary sketches of such improvements to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least three (3) sets and should contain sufficient general information on those matters required to be in the complete architectural and site development plans and specifications to allow the Architectural Committee to grant an informed preliminary approval or disapproval. The Architectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural and site development plans, specifications, materials, and colors are submitted and approved or disapproved. The preliminary approval is offered as an accommodation only, and the Architectural Committee may set fees for this service. 8. Architectural and Site Development Plans. The Architectural Committee shall disapprove any architectural and site development plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by these Covenants. 9. Architectural Committee Not Liable. The Architectural Committee shall not be liable for damages to any person or entity submitting any plans for approval, or to any Owner or Owners of land within Cedar Hills Ranch Subdivision, by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such plans. The Architectural Committee shall have no liability or responsibility for any representations made to any Owner or prospective Owner by any third parties. The decisions of the Architectural Committee shall be governed by these Covenants and any rules or regulations duly adopted by the Architectural Committee pursuant to these Covenants. 10. Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all approved applications, including one (1) set of the final approved architectural and site development plans, and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this instrument. 11. Authority to Promulgate Rules and Regulations. The Architectural Committee may promulgate and adopt rules and regulations necessary to implement these Covenants. These rules and regulations may include submission requirements concerning the type of information, reports, plans and specifications, and other information necessary to make an informed decision regarding requests for development, modifications to buildings, and the like. ARTICLE V PROPERTY USE RESTRICTIONS AND PROTECTIVE COVENANTS 1. No Further Subdivision. No lot described on the recorded Final Plat of Cedar Hills Ranch Subdivision shall ever be further subdivided into smaller lots or conveyed or encumbered in less than the full dimensions as shown on the recorded Final Plat of Cedar Hills Ranch Subdivision; provided, however, conveyances or dedications of easements for utilities if approved by the Architectural Committee may be made for Iess than all of one (1) lot. C:1F71ES10EDAR. 1 PC February 8. 1996 -7- Notwithstanding the foregoing, a lot line adjustment between two (2) lots in Cedar Hills Ranch Subdivision shall be deemed a permitted subdivision, subject, however, to any reviews or disapprovals that may be required by the Garfield. County Land Use Code and to the prior approval of the Architectural Committee. 2. Domestic Animals. Except as expressly limited herein, domestic animals shall be permitted within the Subdivision and shall be subject to any rules and regulations which may be promulgated by the Board of Directors or Garfield County. A lot Owner shall be entitled to keep a maximum of one (1) dog on his property. Dogs shall be kept under the control of the owner at all times and shall not be permitted to run free or to cause a nuisance in the Subdivision. No dogs shall be allowed beyond the boundaries of the lot owned by the persons where the dog is housed unless accompanied by a person in full control of such dog. Dogs shall be leashed, chained, fenced, "electric fenced," kenneled, or housed at all times. Location of kennels shall be subject to review of the Architectural Committee. The Homeowners Association shall have the right to assess and enforce penalties against Owners violating these restrictions applying to dogs as follows: One Hundred Dollars ($100.00) for the first violation committed by an Owner's dog, and One Hundred Dollars ($100.00) plus an additional Fifty Dollars ($50.00) for each subsequent violation, such that the fine increases in Fifty Dollar ($50.00) increments for each succeeding violation. If any dog commits four (4) violations or any dog is caught chasing or molesting deer, elk, or any domestic animals, the Homeowners Association shall be authorized to prohibit the property Owner from continuing to maintain the offending animal on the Owner's property. Areas where an Owner keeps any animals shall be kept reasonably clean and free of refuse, insects, and waste at all times. No commercial animal breeding activities of any kind shall be permitted within the Subdivision. Notwithstanding the foregoing, no animal(s) may be kept within a lot or a dwelling which, in the good -faith judgment of the Board of Directors, result(s) in any annoyance to residents in the vicinity or to lot Owners within the Subdivision. Except as expressly limited herein, domestic animals shall be permitted subject to any rules and regulations which may be promulgated by the Board of Directors. No farm or ranch animals shall be permitted to be boarded within the Subdivision, including but not limited to cattle, poultry, sheep, goats, llamas, ostriches, etc. Horses will be allowed on designated lots within the Subdivision. Those lots on which horses shall be allowed include Lots 1, 4, 9, 14, 16, 18, 19 and 20; provided, however, no horses may be kept on such lots until a barn has been constructed pursuant to Article 1II.3 of these covenants. The maximum number of horses allowed on any of the lots shall be three (3). 3. Underground Utility Lines. With respect to the new construction or extension of any utilities, all water, sewer, gas, electrical, telephone, cable television, and other utility pipes or lines within the limits of Cedar Hills Ranch Subdivision shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any areas of natural C:1F1LES\C- DAR.1PC Fobnury 8. 1996 -8- vegetation or terrain in Cedar Hills Ranch Subdivision disturbed by the burying of utility lines shall be revegetated by and at the expense of the Owner or Owners causing the installation of the utilities no later than the next growing season following installation. 4. Mining. Drilling. or Quarrying. Mining, quarrying, tunneling, excavating, or drilling for any substance within the earth, including oil, gas, minerals, gravel, sand, rock, and earth, shall not be permitted within the limits of Cedar Hills Ranch Subdivision. Individual wells shall not be permitted on any lot, and no Owner shall be permitted to drill for water on his lot, unless prior approval shall have been obtained from the Architectural Committee. 5. Trees. No Owner shall remove any healthy, living trees without fust having obtained the approval of the Architectural Committee. All construction, landscaping, and development on any lot shall seek to minimize the removal of trees and to preserve the natural trees and vegetation to the greatest extent possible while bearing in mind wildfire considerations. 6. Shiny Materials. No building or improvements shall contain exterior roofs or siding materials which are reflective or shiny. 7. Hunting. Hunting shall be prohibited within the Subdivision. With the approval of the Homeowners Association, and upon prior consultation with the Colorado Division of Wildlife, a lot Owner may, consistent with the requirements of law, destroy or remove wildlife which constitutes a nuisance. 8. Number and Location of Buildings. No buildings shall be placed, erected, altered, or permitted to remain on any lots except as approved by the Architectural Committee. 9. Completion of Construction. Any construction activity on any lot in Cedar Hills Ranch Subdivision shall be completed, fully cleaned up, and landscaped within eighteen (18) months from the issuance of a building permit, unless the lot Owner shall first obtain a variance from the Architectural Committee to allow for a Ionger period of construction upon proof of due diligence. In the event a variance is not secured and eighteen (18) months from issuance of a building permit has passed, the Association may assess penalties in any amount it deems appropriate. 10. Enclosure of Unsightly Facilities and Equipment. All unsightly structures, facilities, equipment, and other items, including but not limited to those specified below, shall be enclosed within a solid structure sufficient to screen such things from view from the common roads and neighboring homes to the greatest extent possible. Any motor home, trailer, boat, truck, tractor, motorcycle, snow removal or garden equipment, and any similar item shall be kept at all times, except when in actual use, in an enclosed garage. Any refuse or trash containers, utility meters, propane tanks, fuel storage tanks, or other facilities, service area, or storage pile shall be enclosed within a structure or appropriately screened from view by planting or fencing approved by the Architectural Committee and adequate to conceal the same from neighbors, streets, and private roads. No lumber, metals, bulk materials, scrap, refuse, or trash shall be kept, stored, or allowed to accumulate on any lot except building materials during the course of construction and only C.W1 EsiC )AR1PC February 8. 1996 -9- for such reasonable periods of time as are necessary prior to the collection of or disposal thereof. 11. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or sounds shall be conducted or transmitted upon any portion of the Cedar Hills Ranch Subdivision at any time nor shall anything be done or permitted which may be or become a nuisance to other property or to the Owners thereof by sight or sound. 12. Fireplaces. No more than one (1) Colorado certified woodburning stove may be allowed per lot. Woodburning fireplaces are prohibited. Woodburning stove uses may not be transferred from one lot to the next. Gas -burning fireplaces shall be encouraged and allowed within the Subdivision. 13. Fences. All fences shall be constructed pursuant to Article IV.6(D). Furthermore, any fence constructed for pasture purposes shall be composed of wire and shall be constructed pursuant to Colorado Division of Wildlife specifications. Property owners shall be required to provide their own fencing to protect any haystacks on their property. The Colorado Division of Wildlife shall not be liable for any damage to gardens, flowers, shrubs, trees, or any other greenery caused by the actions of any wild game. 14. Open Space. All open space within the Subdivision (Lots 2 and 13) shall be restricted to recreational uses only and shall not be used for residential purposes. The deeds conveying Lots 2 and 13 to the Association shall reiterate this provision. The Homeowners Association shall be responsible for the maintenance of such open space. 15. Firearms. The discharge or shooting of firearms is prohibited in Cedar Hills Ranch Subdivision except as may be permitted by rules and regulations promulgated by the Board of Directors of the Association. 16. Unauthorized Vehicles. No snowmobiles or all -terrain vehicles (ATVs) shall be allowed to be used within the Subdivision. 17. Satellite Dishes. Satellite dishes shall be allowed within the Subdivision. Location and size of all satellite dishes shall be subject to Association approval. 18. Commercial Activities. No commercial activities shall be permitted on any lot. in the Subdivision. The storage of materials, goods, equipment, and other items used or associated with commercial activities shall not be permitted on any lot in the Subdivision; provided, however, personal vehicles with a business name placed thereon shall not be prohibited. Owners shall be permitted to maintain an office within their residences so long as it does not provide services to the public which result in the public going to and from such residence on a regular basis. 19. Sewage Disposal Systems. Each individual lot Owner shall be responsible for the construction, operation, maintenance, and repair of the individual sewage disposal system located on the Owner's lot, and Owner shall be required to maintain such systems in accordance with C:1Fl .ESICEDAR 1 Pc February 8. 1996 -10- all applicable Garfield County regulations. Should the health, safety, or welfare of any person be affected by the failure of any Owner to properly construct, operate, maintain, or repair that lot's individual sewage disposal system, the Association shall have the authority to enter onto such land for the purposes of maintaining or repairing such system. All costs incurred by such action shall be borne by the Owner of the system and shall constitute a lien pursuant to Article VII on the Owner's property until paid in full by the Owner. 20. General. Restriction. All lots in the Subdivision shall comply with restrictions contained in any other section of these Protective Covenants. ARTICLE VI WATER SUPPLY AND WATER RESTRICTIONS 1. Irrigation Water and Rights. A. Irrigation Rights. Declarant will convey to the Homeowners Association the following irrigation water rights: 22 shares of the Roseman. Ditch (a/k/a Thompkins Ditch) which rights shall be held by the Association for use pursuant to this Article VI(1). Six (6) lots within the Cedar Hills Ranch Subdivision will be granted the right to use Association -owned irrigation water, the source of which will be the Roseman Ditch. The six lots to receive such irrigation rights are Lots 1, 3, 16, 18, 19 and 20. All water rights referred to in this paragraph shall be appurtenant to the lots and may not be conveyed or transferred separately therefrom. The Association may also irrigate Lot 2 (open space) with the Association's irrigation water pursuant to this Article V1(1). At the first annual meeting, and at every subsequent annual meeting thereafter, the Association shall designate an Association member who shall be the designated contact person concerning all irrigation issues within the Subdivision and with whom all other users on the ditch, as well as the Colorado Division Engineer, may communicate. B. Rotation Schedule. Unless agreed to otherwise by these six lot Owners and the Board of the Association (hereinafter "Seven Owners"), the irrigation water available to each lot will be determined by a rotation schedule. The six lots will be entitled to irrigate from the ditch: Lots 16 and 18: 1 1/2 days per week; Lots 19 and 20: 1/2 day per week; Lots 1, 2 and 3: 1 day per week. The Seven Owners shall reach a mutual agreement regarding which days of the week are designated to each lot for irrigation. If the Seven Owners fail to reach an agreement, the days for irrigation will be determined randomly by chance at a meeting of the Association Board of Directors. C. Ditch Maintenance. Each of the Seven Owners shall bear the cost of operation, maintenance, repair, and replacement of the irrigation system in accordance with their pro rata right of use as set forth in Article V1(1)(B). C:1FILES10EDAR 1 FC February b, 1996 The Seven Owners shall consult with each other regarding operation, -11- maintenance, repair, and replacement of the ditch and, to the greatest extent possible, shall reach unanimous decisions regarding such costs; however, an agreement of a majority of the Seven Owners is sufficient to make decisions in this regard. In the event the Seven Owners fail to reach a unanimous decision regarding any issue related to operation, maintenance, repair, or replacement of the ditch, the Association Board of Directors shall have the authority to make such decision that will be binding on all of the Seven Owners. Any improvement to the ditch exceeding the amount of $500.00 requires the prior approval of a majority of the seven parties involved. In an emergency situation, any of the Seven Owners may make a decision concerning the ditch and act thereon, so long as the remaining Seven Owners are given notice of such action within a reasonable time. All Seven Owners shall keep an accurate account of the costs and expenses incurred in operation, maintenance, repair, and replacement of the ditch and, upon the completion of the work, shall deliver to each of the other Seven Owners an itemized statement of such costs and expenses. The Seven Owners shall measure the water taken from the ditch, and a measuring device will be installed. Flood irrigation is the accepted method of irrigation on the ditch. The Seven Owners agree that the ditch shall be maintained in good order and repair, ready to receive water by April 1 of each year, so far as can be accomplished by the exercise of reasonable care and diligence. The Seven Owners shall have the duty of maintaining all headgate structures and keeping such in good working order throughout the year. The Seven Owners shall construct the necessary outlets in the banks of the canal or ditch for a proper delivery of water, and the location of the same shall be at the most convenient and practicable points consistent with the protection and safety of the ditch for the distribution of water among the Seven Owners. All Owners within the Subdivision shall be prohibited from dumping, diverting, or in any way depositing any trash, wastewater, or other foreign substance into the ditch. All Owners, with the exception of the Seven Owners, shall be prohibited from accessing the ditch and/or diverting water from the ditch at any time. The Homeowners Association shall be responsible for the maintenance of all internal road ditch crossings within the Subdivision; with the exception that any Owner of a lot whose driveway crosses the ditch shall be responsible for the maintenance of such ditch crossing. In the event that any Owner whose driveway crosses the ditch has entered into a driveway maintenance agreement with another Owner, such Owners shall be jointly responsible for the maintenance of such ditch crossing. D. Special Assessments for Irrigation Water. Prior to each annual meeting of the Board of Directors of the Homeowners Association, the six Owners of Lots 1,3, 16, 18, 19 and 20 and the Board, on behalf of the Subdivision open space, will convene and discuss the costs involved in the operation, maintenance, repair, and replacement of the ditch for the previous year. Assessments due on ditch stock certificates will be divided equally among the six Owners and the Association at C:U 1LES10EDAR..1 PC February 8, 1996 -12- such time. As special assessments may be levied from time to time in connection with the Subdivision irrigation water, the Association shall maintain records of such accounts, yet keep a separate accounting of any costs incurred in connection with routine operation, maintenance, repair, and replacement. All provisions of Article VI shall be applicable to said assessments. E. Lien for Ditch Assessments. All Owners shall promptly pay any and all assessments for costs of operation, maintenance, repair, and replacement of the ditch in the proportions set forth above. In the event that such assessments are not paid promptly, the co-owners of the ditch shall have a lien pursuant to C.R.S. §38-23-101 et seq., which may be enforced pursuant to said statute. 2. Subdivision Water System. A. Water Supply. Water will initially be provided to seventeen (17) of the twenty (20) lots planned for the Subdivision from two wells on the property, known as Cedar Hills Well No. 3 and. Cedar Hills Well No. 4. Well No. 4 has not yet been constructed. Augmentation releases will be made through a Ruedi Reservoir contract with West Divide Water Conservancy District. No more than twenty (20) single-family lots shall be created within the Subdivision. The Association shall have the power and authority to require each lot Owner served by the subdivision wells, at their sole expense, to install a meter pursuant to Article IV.6(F), to measure all water use by that lot and/or curtail or restrict, as deemed necessary by the Association, water usage by a lot Owner from Cedar Hills Well Nos. 3 and 4. The Association's authority to meter and/or curtail water usage in the Subdivision shall be utilized to ensure that the total diversions for the Subdivision from the Association's well(s) for in-house uses and lawn and garden irrigation do not exceed 8.32 acre-feet per year, no more than 1.26 acre- feet per year to be used for irrigation purposes. Said water supply is based on an assumption that there will be no more than twenty (20) single-family homes in the Subdivision, with in-house water use totaling approximately 350 gallons per day per house. Total annual diversions for each of the seventeen (17) houses served shall not exceed .49 acre-feet and lawn and garden irrigation shall be limited to 1,000 square feet per lot per year. Should any of the independently served lots ever connect to the central system new annual in-house diversion limits will be configured. Nothing herein shall be deemed to preclude irrigation from other water rights. B. Independent Wells. It is anticipated that all lots within the Subdivision will be served by a central well water system, with the exception of three lots: Lots 1, 19, and 20, on which the existing houses have been historically served by individual wells independent from the central well system. Lot 1 will be served by the well on Lot 1 (Permit No. 176514; Colorado Division of Water Resources) which shall be solely responsible for the cost of operation, maintenance, repair and replacement. Lots 19 and 20 shall be served by the well located on Lot 19 CAMP -VICE -DA FL 1 PC February S, 1996 -13- (Permit No. 175363; Colorado Division of Water Resources) and the cost of operation, maintenance, repair and replacement shall be pursuant to that certain well sharing agreement recorded herewith simultaneously. Although these residences are served by individual wells, they shall retain the option to connect to the central well water system at their sole expense (Lots 19 and 20 shall share equally the common portion of the pipeline connection. Until connection to the central well water system, the Owners of Lots 1, 19, and 20 shall not be subject to water assessments imposed by the Homeowners Association pursuant to Article VII.1. C. Water Pressure. Lot Owners are hereby advised that Lots 6, 7, 8, 9, 10, 11, 12, and 17 within the Cedar Hills Ranch Subdivision will require individual pumps at the expense of the Owner to ensure that adequate water pressure from the Association's water supply system is maintained. D. Ponds. A drainage detention pond shall be located on Lot 3 and shall be maintained and repaired by the Association. A second pond shall exist on Lot 16 for fire fighting purposes and shall be maintained by the lot Owner. If the Owner fails to maintain or repair said pond, the Association shall have the right, after notice, to come onto the land and maintain or repair the pond at the Owner's expense. ARTICLE VII COLLECTION OF ASSESSMENTS - ENFORCEMENT 1. Assessments. All lot Owners shall be obligated to pay any assessments lawfully imposed by the Board of Directors of the Association. To the extent the Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things: expenses and costs of maintaining, repairing, and plowing of roads within and accessing the Subdivision; expenses for maintaining, improving, and preserving the Association's common property; expenses of the Architectural Committee; and insurance, accounting, and legal functions of the Association. Such assessments shall be deemed general assessments and shall be borne pro rata by all Owners. Assessments for water and water -related services shall be assessed separately due to the non-use of central system water by some lots. Accordingly, until connected to the subdivision's central water system, Lots 1, 19, and 20 shall be exempt from water assessments, and such assessments shall be borne pro rata by the remaining Owners. The Board of Directors may establish contingency and reserve funds for the maintenance and improvement of the Association's common property and any other anticipated costs and expenses of the Association to be incurred in pursuit of its purpose. Contingency and reserve funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his pro rata portion of these funds. As used herein, an Owner's pro rata portion of common expenses shall mean a fraction formed by the number of lots purchased and held by the lot Owner (numerator) and the number of lots in the Subdivision (denominator). The Board of Directors shall have the tight during any calendar year to levy and assess against all of the C:1PILESICk ?AR1PC Fcbnauy 8, 1996 -14- Owners a special assessment for such purpose or purposes, in accordance with these Covenants, or the Articles or Bylaws of the Association, as may be necessary. Such special assessment shall be paid for in equal portions by the Owners obligated to pay such assessment and shall be due and payable as determined by the Board of Directors. 2. Lien for Non -Payment of Assessments. All sums assessed by the Board of Directors, including without limitation the share of common expense assessments chargeable to any lot Owner, any fines which may be levied on a lot Owner, and unpaid utility fees and assessments charged to a lot Owner shall constitute a lien against such lot superior (prior) to all other liens and encumbrances, excepting only: A. Tax and special assessment liens on the lots in favor of any governmental assessing unit. B. All sums unpaid on a first mortgage of record, including any unpaid obligatory sums as may be provided by encumbrance. C. Each Owner hereby agrees that the Association's lien on a lot for assessments has hereinabove described shall be superior to the Homestead Exemption provided by C.R.S. §38-41-201 et seq., and each Owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any lot within Cedar Hills Ranch Subdivision shall signify such grantee's waiver of the homestead right granted in said section of the Colorado statutes. D. Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Board of Directors, and the Board of Directors may impose a late charge on such defaulting Owner as may be established by the Board. In addition, the Board of Directors shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien, the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the Owner of the lot, and its legal description. Such a notice shall be signed by one (1) member of the Board of Directors and shall be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting Owner's lot by the Association in like manner as a mortgage on real property, upon the recording of a notice of claim thereof. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys' fees. The Owner shall also be required to pay to the Association any additional assessments against the lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Board of Directors, for the Association, shall have the power to bid on the lot at foreclosure sale and acquire and hold, lease, mortgage, and convey same. The Association, at its election, and in addition to any other C:1FILES10EDAFt1PC Febnury 8, 1996 -15- remedies it may have at law or in equity, may also sue an Owner personally to collect any monies owed the Association. 3. Enforcement Actions. The Association, acting by and through its Board of Directors, shall have the right to prosecute any action to enforce the provisions of all of these Covenants by injunctive relief, on behalf of itself and all or part of the Owners of the lands within Cedar Hills Ranch Subdivision. In addition, each Owner of land within Cedar Hills Ranch Subdivision, including the Association, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these Covenants. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. The Board of Directors shall be entitled to assess penalties for late payment of assessments due the Association and to collect interest thereon at rates to be determined from time to time by the Board of Directors but not to exceed 1.5 percent per month. After thirty (30) days, written notice to any Owner of a violation of these Covenants, and the Owner's failure to eliminate or cure said violation, the Association may levy, in addition to the other remedies set forth herein, a penalty of $25.00 per day for every day the violation exists or continues after the expiration of said 30 -day period. 4. Limitations on Actionl. In the event any construction or alteration or landscaping work is commenced upon any of the lands in Cedar Hills Ranch Subdivision in violation of these Covenants and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one-year limitation shall not apply to injunctive or equitable relief against other violations of these Covenants. ARTICLE VIII EASEMENTS 1. Easements Shown on Final. Plat. The Association is entitled to use such easements as are reflected on the Final Plat for the Subdivision. Except by agreement with a property Owner, the Association shall have no obligation to pay any amount for the use and enjoyment of such easement. The Association shall pay for the cost of maintaining and repairing any improvements which it places on any easements. 2. Well Easements. The Association is entitled to certain water rights for the construction of wells within the Subdivision as is reflected in Case No. (Water Division No. 5) which was adjudicated on , 19, in the District Court in and for Water Division No. 5. The Association is granted easements for the construction, operation, maintenance, repair, and replacement of such wells, water lines, water storage tanks, and other facilities as shown on the Final Plat and for the construction and location of well houses, water lines, and other equipment and improvements necessary to utilize such water rights. 3. Easements for Access and Repairs. The Association shall be entitled to an easement across any of the lots within the Subdivision for the purposes of accessing any of the C: 1FHLis10EDAR.1PC Fetrrwry a. 1996 -16- Association's property, protecting any Association property, or for necessary repairs or emergency circumstances. The Association may access all lots within the Subdivision at reasonable times to determine compliance with the conditions of approvals of the Subdivision granted by the Garfield County Commissioners and to determine and enforce compliance with all of the provisions of these Covenants. ARTICLE IX COMMON PROPERTY 1. Mail a ¢ Trash Area. Room for a trash facility has been reserved in the "Mail and Trash Area" provided on the Final Plat should the homeowners elect to pursue trash service. Should the Homeowners Association elect to construct a trash facility, said facility shall be entirely enclosed, including a roof and doors with adequate latches to prevent wildlife from gaining access to the facility, in an all -wooden structure built to embody the quality of the Cedar Hills Ranch Subdivision. The structure shall be stained or painted a color harmonious with the natural surroundings and hidden from view as much as is reasonably possible. ARTICLE X INSURANCE 1. Types of Insurance. The Association shall obtain and keep in full force and effect the following insurance coverage: A. The Board of Directors, at its discretion, may elect to secure fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. B. Coverage for members of the Board and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, errors and omissions, and other forms of liability generally covered in officers and directors liability policies. C. Coverage against such other risks of a similar or dissirnilar nature as the Board deems appropriate. ARTICLE XI GENERAL PROVISIONS 1. Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the lands in Cedar Hills Ranch Subdivision, and the benefits thereof shall inure to the Owners of the lands in Cedar Hills Ranch Subdivision and the benefits, and. burdens of all said covenants shall run with the title to all of the lands in Cedar Hills Ranch C:\FILEi10EDAR.1 PC February 8. 1996 -17- Subdivision. 2. Termination of Covenants. In the event these Covenants have not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained, these Covenants may be terminated on January 1 of the year 2036 by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association. If these Covenants are not so terminated, then they shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a 25 -year period, the Covenants are terminated by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association at a meeting of the members duly held. In the event of any such termination by the members, a properly certified copy of the resolution of termination shall be placed on record in Garfield County, Colorado, not more than six (6) months after the meeting at which such vote is cast. 3. Amendment of Covenants. These Covenants may be amended by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association, said vote to be cast at a meeting of the members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado, no more than six (6) months after said meeting. 4. Applicability of Colorado Common Interest Ownership Act. Pursuant to C.R.S. §38-33.3-116, the Cedar Hills Ranch Subdivision is subject to all provisions of the Colorado Common Interest Ownership Act ("CCIOA"), as the average annual common expense liability for each individual Owner is believed to be greater than Three Hundred Dollars ($300.00). In the event of a conflict between the Covenants and the CCIOA, to the maximum extent permitted by law, the provisions of the Covenants shall control. 5. Severability. Should any part or parts of these Covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 6. Paragraph Headings and Underlining. The paragraph headings and underlining within this instrument are for convenience only and shall not be construed to be a specific part of the covenants contained herein. 7. Limited Liability. The Association and the Board shall not be liable to any part for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith without malice. The Owners severally agree to indemnify the Association and the Board against loss resulting from such action or failure to act if the Association and the Board acted or failed to act in good faith and without malice. CAFILES\CEDAR.1 Pc Fcbnury S. 1996 -18- IN WITNESS WHEREOF, this Declaration of Protective Covenants for Cedar Hills Ranch Subdivision has been executed as of the day and year first written above. By STATE OF COLORADO ) ) ss. COUNTY OF DECLARANTS: Norm Clasen Laura Clasen SPRING CREEK LAND COMPANY A Colorado Limited Liability Company Manager Acknowledged, subscribed, and sworn to before me this - day of 1996, by Norm Clasen, Laura Clasen, and , as Manager, on behalf of Spring Creek Land Company. WITNESS my hand and official seal. My Commission expires: C:IFr E5ICEDAP. 1 PC February 8. 1996 -19- Notary Public