HomeMy WebLinkAbout1.05 State Well Permit #79071Form No GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg 1313 She•man St Denver Colorado 80203 (303)866-3581 LIC WELL PERMIT NUMBER 79071 -F DIV 5 WD 38 DES BASIN MD Lot 3 Block Filing Suodiv EASTBANK LLC MINOR PARCEL 2A EASTBANK PARCL 2 APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 35 Township 6 S Range 89 W Sixth P M DISTANCES FROM SECTION LINES EASTBANK LLC 710 EAST DURANT AVE, UNIT W-6 ASPEN, CO 81611- 1612 Ft. from South 1559 Ft from West Section Line Section Line (970) 925-9046 PERMIT TO CONSTRUCT A WELL UTM COORDINATES (Meters.Zone.13.NAD83) Easting Northing ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be In compliance with the Water Well Construction Rules 2 CCR 402-2. unless approval of a variance has been granted by the State Board of Examiners of Water Weil Construction and Pump Installation Contractors in accordance with Rule 18 3) Approved pursuant to CRS 37-90-137(2) on the condition that this well is operated as an alternate point of diversion to the Basalt Conduit (if applicable per decree) and in accordance with one or more o' the augmentation plans approved by the Div 5 Water Court for the Basalt Water Conservancy District in Case Nos 87CW0155. 93CW0319 98CW0026/98CW0089. 01CW0305, & 02CW0077 (and Case No 10CW0047 rf in Area A-3 as described in decree) or operating pursuant to an approved substitute water supply plan If this well is not operated in accordance with the terms of said decree(s) or SWSP. d will be subject tc administration including orders to cease diverting water BWCD contract #652 4) The use of ground water from this well is limited to ordinary household purposes Inside one (1) single family dwelling the irrigation of not more than 17.000 square feet of home gardens and lawns. This well is known as Eastbank Well no. 3 5j The pumping rate of this well shall not exceed 15 GPM 6) The annual withdrawal of ground water from this well shall no: exceed 1 43 acre-foot 7) The return flow from the use of this well must be through either a central treatment system. a septic tank and leach field system. or an evaporative system whichever does not exceed the amount specified in the Basalt contract 8) The owner shall mark the well in a conspicuous place with well permit number(s) name of the aquifer, and court case number(s) as appropriate The owner shall take necessary means and precautions to preserve these markings 9) This well shall be constructed not more than 200 feet from the location specified on this permit 10) A totalizing flow meter must be Installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request NOTE This well is to be located on a tract of land of 16.927 acre(s) described as lot 3 Eastbank LLC Minor Subdivision A Subdivision of Parcel 2A Of Eastbank Parcel 2 Lot Split, Garfield County NOTE Section 35 Is an irregular Tat and Narrow" section NOTE Parcel Identification Numbe, (PIN) 23-2185-353-04-001 ( 1-jC��� /s— NOTE Assessor Tax Schedule Number R083020 (totaling 38 2 acres) APPROVED DMW ,Receipt No 9503957 DATE ISSUED 06-04-2015 ,4e://' h 2<; r —4 i / By EXPIRATION DATE 06-04-2016 BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 652 Pursuant to C.R.S. § 37-45-131 EASTBANK, LLC (hereinafter "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District") a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Section 37-45-101, Colorado Revised Statutes, et seq., for an allotment contract for beneficial use of water rights owned, leased, or hereafter acquired by the District ("Contract"). By execution of this Contract, Applicant agrees to the following terms and conditions and those certain terms and conditions set forth in the attached Order, which is fully incorporated as a part of this Contract: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use 0.033 cubic feet of water per second from the District's direct flow rights and 1.0 acre feet per year of storage or other augmentation water owned or controlled by the District. Applicant shall restrict actual diversions and consumptive use under this Contract to these amounts. The Contract amount is based on the water requirements table attached hereto as Exhibit B. Any increase or change in the water requirements to be served by the District will require an amendment to the subject Contract. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other water rights hereafter acquired by the District, induding the District's right to receive storage water from Ruedi Reservoir and Green Mountain Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange or augmentation releases made from the District's storage rights in Ruedi or Green Mountain Reservoirs or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. Releases from other facilities available to the District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures 2015-4-14 Contract No. 652.doc 1 that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement is not impaired by said action. 3. At Applicant's request, this water allotment contract supply and applicant's structure(s) benefited hereunder have been included in the District's umbrella plan for augmentation decreed in Case No. 02CW77 ("Umbrella Plan"). Applicant agrees to pay $1,200.00 as its pro rata share of the costs and expenses incurred by the District to obtain the Umbrella Plan contemporaneously with acceptance of this Order, unless otherwise agreed in writing by the parties, which amount is based on and limited to the type(s) and amount of water use made by Applicant as detailed in Exhibit B to this Water Allotment Contract. 4. PURPOSE AND LOCATION OF USE: Applicant will use the water rights allotted pursuant to this Contract for beneficial purposes by diversion at Applicant's point of diversion under the District's direct flow water rights and/or for use by augmentation or exchange. Applicant will use the water allotted by the District within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described on Exhibit A attached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: X Domestic/Municipal Industrial Commercial Agricultural Other It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any 2015-4-14 Contract No. 652.doc 2 greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to institute any legal proceedings for the approval of an augmentation plan and/or any change to an alternate point of diversion of the District's water right to allow the Applicant to utilize the water allotted hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an alternate point of diversion and/or an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's application for change of water right, and/or augmentation plan or other water supply plan involving the District's rights, and the Applicant shall provide the District copies of such application and of all pleadings and other papers filed with the Water Court in the adjudication thereof. The District reserves the exdusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro rata portion of such expenses. Applicant shall be solely responsible for providing the structures, works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. 5. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, a late fee of $50 (or such other amount as the Board may set from time to time) will be assessed and final written notice of the delinquent account and late fee assessment will be 2015414 Contract No. 652.doc 3 sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after said final written notice, the District may, at its option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise . disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi -municipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 6. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 7. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said Applicant without the prior written approval of the Board of Directors of the District. Upon the sale of the real property to which this Contract pertains, Applicant has a duty to make the buyer aware of this Contract and the need to assign the Contract to the buyer. However, prior written approval of the Board of Directors of the District is required before the assignment is effective. Payment of an assignment fee in an amount determined by the Board shall be required as a prerequisite to approval of the assignment. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district, or other entity properly organized and existing under and by virtue of the laws of the State of Colorado, and then only if such association, entity or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In 20154-14 Contract No. 652.doc 4 no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District has adopted or may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 8. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by all applicable law, including, for example, the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 9. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 81CW253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 10. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 20154-14 Contract No. 652.doc 5 11. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 13. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 14. COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT. Applicant shall comply with Section 404 of the Clean Water Act and consult with the Army Corps of Engineers to complete any Section 404 compliance that may be required as a result of the construction of any facilities necessary to use contract water. 15. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. 16. WELL PERMIT: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before the District is obligated to deliver any water hereunder, and it is the Applicant's continuous duty to maintain a valid well permit. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. Applicant agrees to mark the well in a conspicuous place with the permit number. 17. MEASURING DEVICE OR METER: Applicant agrees to provide, at its own expense, a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and 20154-14 Contract No. 652.doc 6 the terms of this Contract. On or before November 15 of each year, Applicant will provide accurate readings from such device or meter (recorded on a monthly basis for the period November 1 through October 30 of each year) to District, the Division Engineer and Water Commissioner. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. CONTRACT TERMINATION: A. Termination by District: 1. The District may terminate this Contract for any violation or breach of the terms of this Contract by Applicant, or Applicant's breach of any other contract with the District. 2. The District may terminate this Contract if, in its discretion, any judicial or administrative proceedings initiated by Applicant threaten the District's authority to contract for delivery or use of the District's water rights, or threaten the District's permits, water rights, or other interests of the District. B. Termination by Applicant: 1. Applicant may terminate this Contract in its entirety for any reason by notifying the District in writing of the termination on or before April 1. Notice by said date will prevent the Applicant's liability for the next annual contract charge. 19. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. 20154-14 Contract No. 652.doc 7 APPLICANT: EASTBANK, LLC, a Colorado limited liability company By: Dene Managements Inc., its Manager By: Ro • ert D. Macgregor, President Applicant's Address: 710 East Durant Avenue, Unit W-6 Aspen, CO 81611 Telephone No.: (970) 925-9046 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD_ ) Subscribed and sworn to before me this 22"4 day of ; l , 2015, by Robert D. Macgregor, as President of Dunrene Management, Inc., Manager of Eastbank, LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: NADYA WILLIAMS NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20124064454 My Commission Expires October 19, 2016 2015-4-14 Contract No. 652.doc 8 Notary Public EXHIBIT A PARCEL 2A A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 35, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH PRINCIPAL MERIDIAN, LYING NORTHERLY OF THE CENTERLINE OF THE ROARING FORK RIVER AND SOUTHWESTERLY OF THE ROARING FORK TRANSPORTAION AUTHORITY RIGHT•OF-WAY AND COLORADO STATE HIGHWAY 82 RIGHT•OF-WAY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY 82, A REBAR AND CAP FOUND IN PLACE, (WHENCE THE SOUTHEAST CORNER OF SAID SECTION 35, BEING A 3 I/4" ALUMINUM CAP, BEARS S 37 DEGREES 44'52"E A DISTANCE OF 2075.65 FEET): THENCE DEPARTING SAID RIGHT-OF-WAY S 33 DEGREES 14'47"W A DISTANCE OF 381.32 FEET TO A POINT IN THE CENTERLINE OF THE ROARING FORK RIVER: THENCE THE FOLLOWING THREE(3) COURSES ALONG SAID CENTERLINE OF THE ROARING FORK RIVER: 1. N 72 DEGREES 34'38"W A DISTANCE OF 806.63 FEET; 2. S 87 DEGREES 46'22"W A DISTANCE OF 351.38 FEET: 3 S 85 DEGREES 12'22"W A DISTANCE OF 170.00 FEET: ►HENCE DEPARTING SAID CENTERLINE N 04 DEGREES 47'38"W A DISTANCE OF 125.00 FEET: THENCE S 77 DEGREES 03'06"W A DISTANCE OF 249.82 FEET; THENCE S 53 DEGREES 45'59"W A DISTANCE OF 39.00 FEET: THENCE S 00 DEGREES 00'00"E A DISTANCE OF 22 42 FEET: THENCE S 71 DEGREES 38'40"W A DISTANCE OF 82 76 FEET: THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 745.00 FEET, A CENTRAL ANGLE OF 14 DEGREES 25'06", A DISTANCE OF 187.48 FEET (CHORD BEARS S 64 DEGREES 26'70"W A DISTANCE OF 186 98 FEET); THENCE S 57 DEGREES 13'34"W A DISTANCE OF 178.94 FEET: THENCE S 78 DEGREES 47'49"W A DISTANCE OF 226.84 FEET: THENCE N 76 DEGREES 50'20"W A DISTANCE OF 398.56 FEET: THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1517.00 FEET, A CENTRAL ANGLE OF 07 DEGREES 17'55", A DISTANCE OF 193.24 FEET (CHORD BEARS N 05 DEGREES 46'21"W A DISTANCE OF 193.11 FEET): THENCE N 02 DEGREES 07'30"W A DISTANCE OF 93.94 FEET: THENCE N 06 DEGREES 53'56"W A DISTANCE OF 199.65 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 636.00 FEET, A CENTRAL ANGLE OF 08 DEGREES 35'56" (CHORD BEARS N 12 DEGREES 10'22"W A DISTANCE OF 95.36 FEET): THENCE N 16 DEGREES 28'12"W A DISTANCE OF 90.17 FEET: THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 300.00 FEET. A CENTRAL ANGLE OF 20 DEGREES 08'57", A DISTANCE OF 105.50 FEET (CHORD BEARS N 24 DEGREES 44'53"W A DISTANCE OF 104.96 FEET); THENCE N 07 DEGREES 31'07'W A DISTANCE OF 197.63 FEET; THENCE N 48 DECREES 20'56"E A DISTANCE OF 78.22 FEET; THENCE N 27 DEGREES 54'09"E A DISTANCE OF 156.25 FEET: THENCE N 00 DECREES 54'54"W A DISTANCE OF 126.04 FEET: THENCE N 20 DEGREES 21'21"E A DISTANCE OF 133.39 FF,ET: THENCE N 13 DEGREES 30'20"E A DISTANCE OF 86.17 FEET: THENCE N 49 DECREES 27'26"E A DISTANCE OF 184.75 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE SOUTH HALE OF SAID SECTION 35. THENCE DEPARTING SAID NORTHERLY BOUNDARY S 00 DEGREES 07'44'E A DISTANCE OF 647 26 FEET, 'THENCE ALONG THF ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 650.00 FEET. A CENTRAL ANGLE OF 130 DEGREES 10'09". A DISTANCE OF 1476 72 FEET, (CHORD BEARS S 65 DEGREES 12 49"E A DISTANCE OF 1179.01 FEET): THENCE N 49 DEGREES 12'07"E A DISTANCE OF 278 53 FEET. THENCE N 19 DEGREES 54'08"W A DISTANCE OF 104.24 FEET; THENCE N 46 DEGREES 10'38"E A DISTANCE OF 532 58 FEET TO A POINT THE SOUTHWESTERLY RIGHT-OF-WAY OF THE ROARING FORK TRANSPORTATION AUTHORITY; THENCE ALONG SAID SOUTHWESTERLY RICHT-OF WAY S 56 DEGREES 20'25"E A DISTANCE OF 227.36 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY 82; THENCE THE FOLLOWING SIX(6) COURSES ALONG SAID SOUTHWESTERLY RIGHT -OF WAY OF COLORADO STATE HIGHWAY 82• 1. S 40 DEGREES 59'49"E A DISTANCE OF 230.22 FEET: 2. S 47 DEGREES 06'31"E A DISTANCE OF 304.80 FEET; S 51 DEGREES 13'28"E A DISTANCE OF 111.93 FEET: 4. S 54 DEGREES 41'49"E A DISTANCE OF 186.78 FEET; 5. S 56 DEGREES 02'59"E A DISTANCE OF 181.61 FEET: 6. S 57 DEGREES 13'24"E A DISTANCE OF 90.41 FEET TO THE POINT OF BEGINNING. 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Co z 2 0 6 O O CommerciaVOther Demand (ef) EXHIBIT B ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT EASTBANK, LLC CONTRACT NO. 652 Application having been made by or on behalf of EASTBANK, LLC and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for 0.033 cubic feet of water per second from the District's direct flow rights and 1.0 acre feet per year of storage/augmentation water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the attached Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicant has acknowledged that the land to be benefited by the attached Contract is described on Exhibit A attached hereto and incorporated herein by this reference. 2. In the event of the division of the property served by this Contract into two or more parcels owned by different persons, the Applicant shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property. The Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District, including enforcing payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 3. Any allotment of less than 1.0 acre foot of storage water in Paragraph 1 of the attached Contract shall be deemed 1.0 acre foot for purposes of establishing the annual water service charge for such water allotment. 4. The Applicant shall provide the District proof that the proposed land use of the land to be benefited by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefited hereunder is legally subdivided. 2015-4-14 Order to Contract No, 652,doc - 1 - 5. Any well permits issued on the basis of this Allotment Contract shall be applied for and issued in the name of the Applicant. 6. At Applicant's request, this water allotment contract supply and Applicant's structure(s) benefited hereunder have been included in the District's umbrella plan for augmentation decreed in Case No. 02CW77 ("Umbrella Plan"). Applicant agrees to pay $1,200.00 as its pro rata share of the costs and expenses incurred by the District to obtain the Umbrella Plan contemporaneously with acceptance of this Order, unless otherwise agreed in writing by the parties, which amount is based on and limited to the type(s) and amount of water use made by Applicant as detailed in Exhibit B to the Water Allotment Contract. 7. This Contract is conditioned upon and water may be delivered hereunder only in conformity with a water rights plan of augmentation decreed by the Water Court of Water Division No. 5. Any and all conditions imposed upon the release and diversion of the water allotted hereunder in the decree of said Water Court shall be incorporated herein as a condition of approval of this Contract. Granting of this Allotment Contract does not constitute the District's representation that the. Applicant will receive a well permit or water rights decree for the land to be benefited hereby. 8. If Applicant intends to divert water through a well or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obligated to deliver water for the benefit of Applicant hereunder. Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. 9. The District may establish an augmentation plan fee to be paid by the holder of any contract to be benefited by a plan for augmentation filed by the District, which fee shall be payable within thirty (30) days following the District's statement(s) to the Applicant and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the Contract holder. 2015-4-14 Order to Contract No. 652.doc -2- Approved this l7 day of April, 2015. Attest: By: Secretary to the Meeting 20154-14 Order to contract No. 652.doc -3- BASALT WATER CONSERVANCY DISTRICT By: Don Boyer, Pres dent EXHIBIT A PARCEL 2A A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 35, TOWNSHIP 6 SOUTH. RANGE 89 WEST OF THE 6TH PRINCIPAL MERIDIAN. LYING NORTHERLY OF THE CENTERLINE OF THE ROARING FORK RIVER AND SOUTHWESTERLY OF THE ROARING FORK TRANSPORTAION AUTHORITY RIGHT-OF-WAY AND COLORADO STATE HIGHWAY 82 RIGHT-OF-WAY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY 82, A REBAR AND CAP FOUND IN PLACE, (WHENCE THE SOUTHEAST CORNER OF SAID SECTION 35. BEING A 3 1/4" ALUMINUM CAP. BEARS S 37 DEGREES 44'52"E A DISTANCE OF 2075.65 FEET); THENCE DEPARTING SAID RICHT-OF-WAY S 33 DEGREES 14'47'W A DISTANCE OF 381.32 FEET TO A POINT IN THE CENTERLINE OF THE ROARING FORK RIVER: THENCE THE FOLLOWING THREE(3) COURSES ALONG SAID CENTERLINE OF THE ROARING FORK RIVER: 1. N 72 DEGREES 34'38"W A DISTANCE OF 806.63 FEET; 2. S 87 DEGREES 46'22"W A DISTANCE OF 351 38 FEET; 3. S 85 DECREES 12'22"W A DISTANCE OF 170.00 FEET; (HENCE DEPARTING SAID CENTERLINE N 04 DEGREES 47'38"W A DISTANCE OF 125.00 FEET; THENCE S 77 DEGREES 03'06"W A DISTANCE OF 249.82 FEET: THENCE S 53 DEGREES 45'59"W A DISTANCE OF 39.00 FEET; ['HENCE S 00 DEGREES 00'00"E A DISTANCE OF 22. 42 FEET; THENCE S 71 DEGREES 38'40"W A DISTANCE OF 82 76 FEET; THENCE ALONG A TANGENT CURVE TO TILE LEFT HAVING A RADIUS OF 745.00 FEET, A CENTRAL ANGLE OF 14 DEGREES 25'06". A DISTANCE OF 187.48 FEET (CHORD BEARS S 64 DECREES 26'70"W A DISTANCE OF 186.98 FEET); THENCE S 57 DEGREES 13'34"W A DISTANCE OF 178.94 FEET; THENCE S 78 DEGREES 47'49"W A DISTANCE OF 226.84 FEET; THENCE N 76 DEGREES 50'20"W A DISTANCE OF 398.56 FEET; THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1517.00 FEET, A CENTRAL ANGLE OF 07 DEGREES 17'55". A DISTANCE OF 193.24 FEET (CHORD BEARS N 05 DEGREES 46'21"W A DISTANCE OF 193.11 FEET): THENCE N 02 DECREES 07'30"W A DISTANCE OF 93.94 FEET; THENCE N 06 DEGREES 53'56"W A DISTANCE OF 199.65 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 636.00 FEET. A CENTRAL ANGLE OF 08 DEGREES 35'56" (CHORD BEARS N 12 DEGREES 10'22"W A DISTANCE OF 95.36 FEET): THENCE N 16 DEGREES 28'12"W A DISTANCE OF 90.17 FEET: THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF 20 DEGREES 08'57", A DISTANCE OF 105.50 FEET (CHORD BEARS N 24 DEGREES 44'53"W A DISTANCE OF 104.96 FEET): THENCE N 07 DEGREES 31'07"W A DISTANCE OF 197.63 FEET; THENCE N 48 DEGREES 20'56"E A DISTANCE OF 78 22 FEET: THENCE N 27 DEGREES 54'09"E A DISTANCE OF 156.25 FEET; THENCE N 00 DEGREES 54'54"W A DISTANCE OF 126.04 FEET: THENCE N 20 DEGREES 21'21"E A DISTANCE OF 133.39 FEET: THENCE N 13 DEGREES 30'20"E A DISTANCE OF 86.17 FEET: THENCE N 49 DEGREES 27'26'E A DISTANCE OF 184.75 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THE SOUTH HALF OF SAID SECTION 35: THENCE DEPARTING SAID NORTHERLY BOUNDARY S 00 DEGREES 07 14'E A DISTANCE OF 617 26 FEET: THENCE ALONG THF ARC OF A CURVE TO THE 1.EFF HAVING A RADIUS OF 650 00 FEET, A CENTRAL ANGLE OF 130 DEGREES 10'09'. A DISTANCE• OF 1476.72 FEET. (CHORD BEARS S 65 DEGREES 12 49"E A DISTANCE OF 1179 01 FEET). THENCE N 49 DEGREES 12'07"E A DISTANCE OF 278 53 FEET. THENCE N 19 DEGREES 54'08"W A DISTANCE OF 104 24 FEET; THENCE N 46 DEGREES 10'38"E A DISTANCE OF 532 58 FEET TO A POINT THE SOUTHWESTERLY RICHT-OF-WAY OF THE ROARING FORK TRANSPORTATION AUTHORITY; THENCE .ALONG SAID SOUTHWESTERLY RICHT-OF WAY S 56 DEGREES 20'25"E A DISTANCE OF 227 36 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY 82; THENCE THE FOLLOWING SIX(6) COURSES ALONG SAID SOUTHWESTERLY RIGHT OF -WAY OF COLORADO STATE HIGHWAY IQ: 1 S 40 DEGREES 59'49"E A DISTANCE OF 230.22 FEET: 2. S 47 DEGREES 06'31"E A DISTANCE OF 304.80 FEET: S 51 DEGREES 13'28"E A DISTANCE OF 111.93 FEET: 4. S 54 DEGREES 41'49"E A DISTANCE OF 186 78 FEET; 5. S 56 DEGREES 02'59"E A DISTANCE OF 181.61 FEET: 6. S 57 DEGREES 13'24"E A DISTANCE OF 90.41 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO