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Home My WebLink About1.04 Declaration of Well Water Use & Maintenance• •1111 ri Wh01.116 'iNitf a Pi 1111 ReceAtion#: 827820 11/30/2012 02:23:10 PM Jean Alberico 1 of 4 Reo Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO ORR-SMITH SUBDIVSION EXEMPTION DECLARATION OF WELL WATER USE AND MAINTENANCE THIS DECLARATION is made this /4. day of 2012, by Lacy Orr and Gil Smith ("Declarants") whose address is 59829. 411, '<Box 7 7, Darby, Montana WHEREAS, Declarants are the owners in fee of those real properties described as Lots 3, 4, and 5, Orr -Smith Subdivision Exemption, Garfield County, Colorado. Said Lots 3, 4 and 5 are referred to hereinafter collectively as "the Lots." WHEREAS, Declarants also are the owners of a water well ("the Well") which is located on Lot 4, Orr -Smith Subdivision Exemption, and permitted under Colorado Division of Water Resources Well Permit No. 271770 for domestic use in 3 single family residences, 1 acre of irrigation, and domestic livestock. WHEREAS, by this Declaration, it is the intent of Declarants to establish a regime governing the joint use of the Well by the future owners ("the Owners") of the Lots. NOW THEREFORE, Declarants set forth the regime governing joint use ofthe Well by the Owners of the Lots as follows: 1. The Owners of Lots 3, 4 and 5 shall be deemed to own an undivided 1/3 each of the Well, including, but not limited to, the well permit, well, water tank, pump, fittings at the well head, meters (whether existing now or to be installed at a later time), pumphouse, foot valves, and any pipes or pipelines and any other structures which are jointly used. 2. No Owner is deemed to have any ownership right in and to any pipe, pipeline or other structure used or required solely by the Owner of another of the Lots which may utilize any portion of the water flowing from the Well and their respective structures. Nothing in this Declaration shall be construed to give any Owner any rights to such non -shared property of the other Owner or to obligate any Owner to pay any costs associated with non -shared structures. 3. The Owners shall cooperate with each other at all times in all matters necessaryto promote the proper functioning and use of the water system in such manner as to provide an optimum water supply at all times possible based upon the physical availability of water. The Owners shall agree to not waste water and to endeavor to use no more than their respective shares of the available water. At this time it is agreed that no individual water meters must be installed. If at any time after the date hereof, any Owner of the Well requires that meters be installed, then all Owners of the Well shall install meters at his or her individual expense. Waste or over -use shall be deemed to be a violation of this Declaration for which the non -defaulting owner may seek a remedy at law or equity for damages or for injunctive relief, or both. L\ MII{ I �P ih 1 iion#: 01140 h,l 1C ++�I, Cfi IFIM11�� 11111 Reep11!30/2012 02:23:10 PM Jean Alberico 2 of 4 Rec Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO 4. The Owners acknowledge that the Well has a long term yield of 4 gpm and can be pumped at a rate of 6 gpm. In order to maximize s the yield and pumping rates, the well pump shall provide 6 gpm at a total dynamic head of 200 feet. The water system shall have central pump house control facility with at least 40 gallons pressurized storage. The well pump shall be controlled by a pressure that operated between 30 psi (pump on) and 50 psi (pump off). The service line to each lot shall be 1 inch diameter pipe with a 2 gpm Dole Flow Control orifice. Each house will provide a minimum of 150 gallons of storage and a booster pump to pressurize the house. The storage tanks shall have a low Ievel float control to activate an automatic value on the supply line from the Well. The low level float control shall activate the valve at a maximum drawdown of 25 gallons of storage. 5. Pursuant to the Well Permit and the provisions herein, the Owners of Lots 3, 4 and 5 shall use no more than 1/3 each of the water legally allocated to the Well. In the event the water physically available from the Well is less than the legally available amount, then all Owners of such Well shall proportionately reduce the consumption of same to the amount physically available. In no event shall the Well be pumped at a rate exceeding that approved in the Well Permit. The domestic use of water from the Well must provide for return flow through an individual disposal system of the non -evaporative type, returning the water to the watershed in which the Well is located. 6. Declarants shall be responsible for the initial cost of constructing the well system, pump house and any jointly used pipe lines as set forth in paragraph 4. Following the initial construction, the actual and continuing costs of operation, maintenance, electrical costs, construction, extension, upgrading, cleaning, repairing, all other work required on shared components of this water system shall be shared by the Owners in proportion to their share in the Well. This Declaration shall relate only to costs incurred after the date hereof. Individual service lines, storage tanks, booster pumps and like items which are used by only one Lot shall be the responsibility of that Lot Owner. This Declaration shall relate only to costs incurred after the date hereof. 7. Subject to the provisions above, any Owner who has been using water from this system and at any time elects not to share in costs, necessary repairs, maintenance, replacement and the like necessary to maintain the Well and deliver the subject water, shall not receive water from the system. At such time as said electing Owner chooses to resume use of water from the system, said Owner may do so upon reimbursement to the other users of the full cost of said Owner's share of such expenditures with legal interest retroactive to the expenditure date. 8. The Owners of the Well agree to cooperate in the future maintenance, operation, repair, replacement or improvement of all common facilities. In the event the Owners are unable to agree on any required maintenance, repair, replacement or improvement, any Owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event an Owner determines to undertake such work unilaterally, such Owner shall notify the other Owners in writing. The Owner 2 11111n RANA% IN 14.4414,0ifieliffill 1114 11111 Reception#: 827820 11/30/2012 02:23:10 PM Jean Rlberico 3 of 4 Rea ree:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO undertaking the work shall, upon completion, provide the other Owners with a written statement of work performed and the other Owners' proportionate share of the cost of same. In the event an Owner fails to pay the proportionate share of any amount due within thirty (30) days after presentment, the Owner who has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity. The Court, in its discretion, may award to the prevailing party Court costs and attorney's fees incurred. 9. Declarants hereby create and reserve permanent, non-exclusive easements across those portions of the Lots designated as "Well Easement and Waterline" on the Orr -Smith Subdivision Exemption Plat, recorded in the Garfield County Clerk and Recorder's Office as Reception No. `0.-1`6.1 as necessary and sufficient for the benefit of the Owner of Lots 3 and 5 as users of the Well, pump and common pipeline and treatment system and structures and for non -shared or individual pipelines conveying water to Lots 3 and 5. 10. Each Owner shall agree to not interfere at any time with the proper use by any other Owner of his or her interest in any water structure and shall indemnify and hold harmless all other Owners and users from any loss or damage or injury caused by the acts of said indemnifying owner. 11. The term hereof shall be perpetual. 12. This Declaration and the terms, conditions and provisions hereof may be enforced by the Owner of any of the Lots, and his or her successors and assigns. In the event legal proceedings are brought against any party for the purpose of such enforcement, the prevailing party shall recover from the non -prevailing party all costs associated therewith, including, but not limited to, reasonable attorney's fees. 13. This Declaration and the covenants contained herein are intended to and shall run with the titles to those real properties described as Lots 3, 4 and 5, Orr -Smith Subdivision Exemption, Garfield County, Colorado, and shall be binding upon and inure to the benefit of the Owners thereof, and their assignees or successors. 14. The laws of the State of Colorado shall govern the validity, effect and construction of this Declaration. 15. This Declaration may not be modified in any manner except by an instrument in writing signed by the Owners of each of the Lots. AIN WITNESS WHEREOF, this Declaration is executed this /‘ day of (1`J) , 2012. Lacy OX 3 G.0Smith -)/t9 Reception#: 827820 11/30/2012 02:23:10 PM Jean AlberIco 4 of 4 Rec Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF MONTANA ) ) ss. COUNTY OF RAVALLI ) The foregoing instrument was acknowledged before me on this `b day of \\( , 2012, by Lacy Orr and Gil Smith. Witness my hand and official seal. My commission expires: N.0 `� � .ot Lk 4 +INOTARIAL!* SEAL / KATHY L. PETERSON NOTARY PUBLIC for the of Montana Restelty el H*mAton, Mmfane MYCcmmbslon Expires Nc"rr ►}8,2014