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HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONER OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations Wi��,ffL±amIe,I �,u�ty, andColorado, adopted April 23, 1984, the undersigned Isabelle Prelim respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 191 acre tract of land into 3 tracts of approximately 4 acres each, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30- 28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: To create residential building sites on the Prehm Ranch Property. SUBMITTAL REQUIREMENTS: An application which satisfied the review criteria must be submitted with all the following information: A. Sketch map at a minimum scale of 1 "=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; and B. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used; and C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of minerals owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and 1. r • I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted with the application. Petitioner EXEMPTION APPLICABILITY LL).411414,t. -C3-).)t)ate, Petitioner 916 Bennett Avenue Mailing Address Glenwood Springs, CO 81601 City State 970-945-6118 Telephone Number The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and the,•eby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at that time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right-of- way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. 2. .moi ryL_y CT, % Miry T 6 o I ( \'‘. U „,- ",nom • wLA- 0 0 0 O O `/ 2) o N 0 11 co o' rt r O , % Z' I /w J 7m Q f b, 0 U VICINITY MAP 0 Z O ce O N Wre w H u, Cl. • W Z Z O O -(L3V g 2 > W • ? Q C9 \ n+' 7 SRP`%/ f - ,�p/_Ji 0 l/� --Ji rr Sof ___=�6_ ,ItL (£91. e13)aVOU wH3ad .o 00 r3 J � i a- l I�.� ) y1: 1 j4 1Ns°" ( m i� ��rojI� - � 1 ;-.11/00 N j - ' u r ��• A , I I O r. �_ % NEILEY & ALDER 111 ATTORNEYS 201 North Mill Street, Suite 102 Aspen, Colorado 81611 Richard Y. Neiley, Jr., P.C. FAX Number Eugene M. Alder, P.C. (970) 925-9393 (970) 925-9396 September 8, 2000 Mr. Mark Bean Garfield County Community Development 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Prehm Ranch Subdivision Exemption Application Dear Mark: This office represents A.A. "Tony" Lawson, the contract purchase of the Prehm Ranch. Mr. Lawson is submitting an application for exemption from subdivision for the Prehm Ranch property. The purpose of this letter is address certain matters required by the Subdivision Regulations of Garfield County and, specifically, § 8.00, et seq. of those Regulations related to exemptions from subdivision. OWNERSHIP As reflected in the title commitment appended hereto, title to the Ranch is presently vested in William E., Edmund A. and Isabelle Prehm. ACREAGE The Prehm Ranch is presently comprised of approximately 190.956 acres of land, based upon the boundary survey prepared by High Country Engineering, Inc. in July 1997 as Project No. 96698.01. HISTORY OF CONVEYANCES We have thoroughly examined the real estate records of Garfield County regarding conveyances of any portions of the Prehm Ranch since January 1, 1973. We have also had Stewart Title of Glenwood Springs perform a similar examination. Based upon these examinations, we can state affirmatively that neither the acreage nor the configuration of the Ranch has changed since January 1, 1973, and there have been no conveyances of any portions of the Ranch since that date. • • Letter to Mr. Bean September 8, 2000 Page 2 MINERAL INTERESTS There are no outstanding mineral interests or mineral leases affecting ownership of the Ranch. All mineral interests are presently owned by the Prehms. LEGAL ACCESS Legal access is available to the Ranch by Garfield County Road 163. As evidenced by the reservation reflected in the exceptions portion of the appended title commitment, the Ranch is subject to the right-of-way for County Road 163. If you need any further information, please do not hesitate to contact me. Ver truly yours, N '1 Y & ALDER I/Yac. ichard Y. Neiley, Jr. RYN/agk Enclosures American Land Title Association Commitment -fied 3/78 at. COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. / STEWART TITLE GUARANTY COMPANY Chairman of the Boa (:E4) Counter •ned( mlo Authorized Countersignature STEWART TITLE OF GLENWOOD SPRINGS, INC. P.O. Box 430 Glenwood Springs, Colorado 81601 (970) 945-5434I Agent ID 1106051A i _ Order No. 00030916 411 SCHEDULE A • Order Number: 00030916 1. Effective date: June 05, 2000 at 8:00 A.M. 2. Policy or Policies to be issued: (a) A.L.T.A. Owner's (Extended) Proposed Insured: A. A. "TONY" LAWSON (b) A.L.T.A. Loan (Standard) Proposed Insured: TO BE AGREED UPON (c) Leasehold Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: WILLIAM E. PREHM AND EDMUND A. PREHM AND ISABELLE PREHM S. The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION Purported Address: 0910 COUNTY ROAD 163 GLENWOOD SPRINGS, CO 81601 STATEMENT OF CHARGES These charges are due and payable before a Policy can be issued. 1992 Owners Premium 1992 Mortgage Premium Tax Certificate Form 100 Form 8.1 Form 110.1 (del 1-4 0) $4,638.00 $ 50.00 $ 10.00 $ 20.00 $ 20.00 $ NC • • Order Number: 00030916 SCHEDULE A LEGAL DESCRIPTION A PARCEL OF LANG SITUATED IN THE SE1/4NE1/4, N1/2SEI/4 ANO THE SE1/4SE1/4 OF SECTION 34 ANO THE W1/2SW1/4 ANO THE SW1/4NH1/4 OF SECTION 35. ALL IN TOWNSHIP 6 SOUTH, RANGE 89 WEST, OF THE SIXTH PRINCIPAL 64ERIOIAN, COUNTY OF GARFIE'LD, STATE OF COLORADO; SAIO PARCEL OF LANG BEING LORE PARTICULARLY DESCRIBED AS FOLLOWS: COIAJENCING AT THE SOUTHEAST CORNER OF SECTION' 34, AN ALUMINUM CAP, L.S. NO. 15710, FOUND IN PLACE, THE TRUE POINT OF BEGINNING; THENCE N 89'39'38' w ALONG THE SOUTHERLY LINE OF SAID SECTION 34 1337,51 FEET TO THE EAST -CENTER SIXTEENTH CORNER; THENCE LEAVING SAID SOUTHERLY LINE N 08'34'18' E ALONG THE WESTERLY LINE OF THE SE1/4SE1/4 1514.34 FEET TO THE SOUTHEAST SIXTEENTH CORNER; THENCE N 89'15'47' W ALONG THE SOUTHERLY LINE OF THE Nw1/4SE1/4 1335.02 FEET TO THE SOUTH -CENTER SIXTEENTH CORNER; THENCE N 08'38'58' E ALONG THE WESTERLY LINE OF SAID NW1/4SE1/4 1523.88 FEET TO THE CENTER QUARTER CORNER; THENCE S 88'51'52' E ALONG THE NORTHERLY LINE OF SAID NW1/4SE1/4 1332.80 FEET TO THE EAST -CENTER SIXTEENTH CORNER; THENCE N 08'26'32' E ALONG THE WESTERLY LINE OF THE SE1/4NE1/4 129.07 FEET TO A POINT IN THE CENTERLINE OF GRISTY OITCH; THENCE THE FOLLOWING TWENTY FIVE (25) COURSES ALONG SAIO DITCH: 1. N 77'18'11' E 25.75 FEET 2. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 105.12 FEET, A CENTRAL ANGLE OF 15'25'53' ANO A DISTANCE OF 28.31 FEET (CHORD BEARS N 69'35'14' E 28.23 FEET) 3. N 61'52'17' E 9.07 FEET 4. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 23.25 FEET, A CENTRAL ANGLE OF 59'38'14' AND A DISTANCE OF 24.20 FEET (CHORD BEARS S 88'18'36' E 23.12 FEET) 5. S 58'29'29' E 3.22 FEET 6. ALONG THE ARC OF A'CURVE TO THE LEFT HAVING A RADIUS OF 8.69 FEET. A CENTRAL ANGLE OF 34'22'50' AND A DISTANCE OF 5.21 FEET (CHORD BEARS S 75'40'54' E 5.13 FEET) 7. N 87'07'41' E 6.34 FEET 8. ALONG THE ARC OF A CuRVE TO THE RIGHT HAVING A RADIUS OF 49.36 FEET, A CENTRAL ANGLE OF 17'23'08' ANO A DISTANCE OF 14.98 FEET (CHORD BEARS S 84'10'45' E 14.92 FEET) 9. S 75'29'11' E 15.49 FEET 10. N 89'17'05' E 14.98 FEET 11. S 73'48'21' E 8.01 FEET 12. N 88'03'46' E 34.32 FEET 13. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 265.20 FEET, A CENTRAL ANGLE OF 18'36'58' AND A DISTANCE OF 86.17 FEET (CHORD BEARS S 82'37'44' E 85.79 FEET) 14. S 73'19'15' E 32.00 FEET 15. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 145.01 FEET, A CENTRAL ANGLE CF 34'14'17' AND A DISTANCE OF 86.65 FEET (CHORD BEARS N 89'33'36' E 85.37 FEET) 16. N 72'26'28' E 105.42 FEET 17. ALONG THE ARC OF A CuRvE TO THE RIGHT HAVING A RADIUS OF 172.53 FEET, A CENTRA._ ANGLE OF 13'11'49' ANO A D,S"A.NOE OF 39.74 FEET (CHOD BEARS N 79'02'22' E 39.65 FEET) 18. N 85'38'15' E 2''.54 F' -ET 19. A'_CNG TrE ARC C= A ,':RV," TO THE LEFT HAv'.NG A RA: ',,S OF 81.91 _ET A _;N'RA_ ANC__ OF 17'47'33' AND A S A.N'_ OF 25 44 TEET -CRO DAPS N 76.44.30' F 25.34 FE_T. 20 N 87'50.43' _. 4' --7 4.2`,6,G c; aRC A „R'._ TO THE R!G'T ,4AVING A RAC JS OF 72.72 :7=7. A :;N -RA_ A),;,`_ -- 22'03'34" ANO A C. ?' 39 F=- -:T :HCRD 9_a_ S N '5' 5 27.91 FEE"; 22 83.53'4_' = So -- 2: a 2n,G^_ a C A :_a,_ r.0 T,• -A. N: Ra 25 C5 A 1C8'4:'21 AND 4 : 2'aCi 47.53 FEE ,`.HCR0 y 4?S N 3<'3j 35 E 4C 7' FEE") 24 N 1848'34' Y 3d "__T 25 a_..hG A '__R.5 TO -: RICH- -Ar N�. A .� „� 269.8' A^__N'�a 4N0 OF 25'24'46' Aho A S -A•.0 113 70 FEET -^CP: N . H :18 72 FEET) . ==C ON T'E • • Order Number: 00030916 SCHEDULE A LEGAL DESCRIPTION wESTERLY RIGHT-0N-kAY OF THE COLORADO ►4I,DLANO RAILROAD; THENCE LEAVING SAID DITCH N 18'48'17' w ALONG SAID WESTERLY RIGHT—Of—WAY 819.27 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT—OF—WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 4121.83 FEET, A CENTRAL ANGLE OF 03'43'44' ANO A DISTANCE OF 268.83 FEET (CHORD BEARS N 18'38'09' W 268.20 FEET); THENCE CONTINUING ALONG SAIO WESTERLY RIGHT—OF—NAY N 20'30'00' w 96.49 FEET TO A POINT ON THE NORTHERLY LINE OF THE SE1/4NE1/4 OF SAIO SECTION 34; THENCE S 88'37'58' E ALONG THE NORTHERLY LINE OF SAID SEI/4NE1/4 1192.20 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTIONS 34 ANO 35; THENCE S 08'36'55' W ALONG THE EASTERLY LINE OF SAID SEI/4NE1/4 858.59 FEET TO A POINT IN THE CENTERLINE OF THE ROARING FORK RIVER: THENCE LEAVING SAIO EASTERLY LINE S 20'24'18' E ALONG SATO CENTERLINE' 449.16 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 01'41'47' W 290.11 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 42'38'28' W 315.63 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 42'38'26' W 315.83 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A 4; RADIUS OF 890.30 FEET, A CENTRAL ANGLE OF 10'02'34' ANO A DISTANCE OF 156.05 FEET (CHORD BEARS S 37'37'09' W 155.85 FEET) TO A POINT ON THE'j. EASTERLY LINE OFNE1/4SE1/4 OF SAID SECTION 34; THENCE LEAVING SAID ' CENTERLINE S 08'31'38' W ALONG SAID EASTERLY LINE 728.25 FEET TO A' POINT IN THE CENTERLINE OF SAID ROARING FORK RIVER; THENCE LEAVING SAID EASTERLY ALONG SAID CENTERLINE ALONG THE ARC OF CURVE TO THE K= LEFT HAVING A RADIUS OF 890.03 FEET, A CENTRAL ANGLE OF 18'23'57 ,AND A DISTANCE OF 285.90 FEET (CHORD BEARS S 24'44'35' E 284.67 FEET); THENCE. CONTINUING ALONG SAID CENTERLINE S 33'56'34' E 445.43 FEET TO THE NORTHWEST CORNER OF WESTBANK RANCH P.U.O. SUBOIVISION FILING 1: THENCE LEAVING SAID CENTERLINE S 01'54'32' W ALONG THE WESTERLY LINE OF SAID WESTBANK RANCH P.U.D. Su80IVISI0nrFILING 1 1209.41 FEET TO A POINT ON THE SOUTHERLY LINE OF SECTION 35; THENCE N 89'46'13' W ALONG SAID SOUTHERLY LINE 602.62 FEET TO THE TRUE POINT OF BEGINNING; SCHEDULE B Section 1 Order Number: 00030916 REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Execution of Affidavit as to Debts and Liens, which is attached or will be provided at closing. 2. Deed from vested owners vesting fee simple title in purchaser. 3. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. A survey, meeting the minimum detail standards of the ALTA/ACSM, prepared by a registered Colorado surveyor within the last six months, must be presented to Stewart Title Guaranty Company for its approval prior to the deletion of any survey exceptions from the ALTA Owner or Lender Policy to be issued hereunder. Stewart Title Guaranty reserves the right to ake exception to any adverse matters as shown on said survey or make further inquiry or requirements relative thereto. Stewart Title Guaranty further reserves the right to exclude from coverage any adverse matters it may deem necessary. NOTE: Due to the high liability amounts described herein, this commitment is subject to underwriter approval by Stewart Title Guaranty Company. NOTE: Effective September 1, 1997, CRS 30-1-406 requires that all documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch. The Clerk and Recorder may refuse to record or file any document that does not conform. Order Number: 00030916 SCHEDULE R • • Section 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 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 heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. 8. 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. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded December 18, 1893 in Book 12 at Page 262 as Reception No. 16653. 10. Right of way for the Smart and Green Four Mile Ditch, as described in the Statement and Map recorded July 8, 1911. 11. Terms, conditions, restrictions and reservations contained in the Deed recorded July 27, 1921 in Book 124 at Page 534 as Reception No. 176252. 12. Terms, conditions, restrictions and reservations contained in Deed recorded May 12, 1952 in Book 264 at Page 161 as Reception No. 179295. 13. Terms, conditions, restrictions and reservations contained in the Right of Way and Easement granted to Rocky Mountain Natural Gas Company, Inc., recorded October 19, 1961 in Book 337 at Page 244 as Reception No. 215447. 14. Terms, conditions, restrictions and reservations contained in the Right -of -Way Easement granted to The Mountain States Telephone and Telegraph Company, recorded April 28, 1972 in Book 430 at Page 136 as Reception No. 253509. 15. Terms, conditions, restrictions and reservations contained in the Lease between Jean Prehm and Rocky Mountain Natural Gas Company, recorded September 26, 1975 Continued on next page • • Continuation of Schedule B - Section 2 Order Number: 00030916 in Book 479 at Page 344 as Reception No. 269509. 16. Terms, conditions, restrictions and reservations contained in the Deed recorded January 27, 1980 in Book 550 at Page 841 as Reception No. 305102. 17. Terms, conditions, restrictions and reservations contained in the Right -of -Way and Easement granted to Rocky Mountain Natural Gas Division of K N Energy, Inc., recorded June 27, 1988 in Book 736 at Page 622 as Reception No. 393218. 18. Right of way for County Road 163. 19. Right of way for the Gristy Ditch and Four Mile Creek and overhead electric lines, as shown on the Boundary Survey prepared by High Country Engineering dated July 29, 1997. 20. Any question, dispute or adverse claims as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion cr avulsion of the center thread, bank, channel or flow of waters in the Roaring Fork River lying within subject land; and any question as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. • • DISCLOSURES Pursuant to C.R.S. 10-11-122, notice is hereby given that: (A) THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Glenwood Springs, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. The company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS TIIE ABOVE CONDITIONS ARE FULLY SATISFIED. Order No. 00030916 Disclosures (YSDD) Rev. 10/99 • • PREHM RANCH PROPERTY SUBDIVISION EXEMPTION PROPERTY OWNERS WITHIN 200 FEET William M. Zilm 90 Sunlight Drive Glenwood Springs, CO 81601 Fred and Velma Rowland 150 Oak Lane Glenwood Springs, CO 81601 Richard A. Nash d65 Vvestbank Road Glenwood Springs, CO 81601 The Ehlen Family Trust 30131 Saddleridge Drive San Juan Capistrano, CA 92675 L & Y Jammaron Family LLLP 4915 Highway 82 Glenwood Springs, CO 81601 Alan Ray and Mary L. Brock 0235 Oak Lane Glenwood Springs, CO 81601 Mark and Mary Gould 41 Oak Lane Glenwood Springs, CO 81601 Lester E. and Teresa Williams P.O. Box 1933 Glenwood Springs, CO 81602 Orthopedic Associates of Aspen and Glenwood Bureau of Land Management Springs P.O. Box 1009 622 19th Street, Suite 201 Glenwood Springs, CO 81602 Glenwood Springs, CO 81601 Westbank Subdivision HOA ? Lazy H Eleven, LLC P.O. Box 27 Glenwood Springs, CO 81602 Bershenyi Land & Cattle LLLP 2833 County Road 117 Glenwood Springs, CO 81601 Mamm Creek Properties, Inc. Cozy Point, LP 201 N. Mill Street, #201 Aspen, CO 81611 United States In Co.,�,eration with the Department of Colorado Agricultural Agriculture Experiment Station Soil Conservation Service SoilS• oil Surof Rifle Area, Colorado Parts of Garfield and Mesa Counties Joins sheet 13 PREHM RANCH' PROPERTY • U.S. SOIL CONSERVATION SERVICE "SOIL SURVE'f OF RIFLE AREA, CO" 10 Included with this soil in mapping are small areas of Detra soils and Rock outcrop. These areas make up about 5 to 10 percent of the map unit. Permeability is moderately slow, and available water capacity is high. The effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat and limited grazing. The native vegetation on this soil is mainly Gambel oak, serviceberry, elk sedge, and bromes. When range condition deteriorates, forbs and woody shrubs increase. When the range is in poor condition, Kentucky bluegrass, undesirable weeds, and annual plants are abundant. Properly managing grazing main- tains and improves range condition. Mule deer, elk, cottontail rabbit, wild turkey, and blue grouse find habitat on this soil. Community development and sanitary facilities are lim- ited by steep slopes and low strength. This soil is in capability subclass Vile, nonirrigated. 2—Arle-Ansari-Rock outcrop complex, 12 to 65 percent slopes. This complex consists of strongly slop- ing to steep soils and Rock outcrop on mountainsides and sloping alluvial fans. Elevation ranges from 5,500 to 7,500 feet. The soils formed in alluvium derived from red -bed shale and sandstone. The average annual pre- cipitation is about 16 inches, the average annual air temperature is about 42 degrees F, and the average frost -free period is about 100 days. The Arle soil makes up about 45 percent of the com- plex, the Ansari soil makes up about 35 percent, and Rock outcrop makes up about 20 percent. The Arle soil is moderately deep and well drained. Typically, the surface layer is reddish brown very stony loam about 10 inches thick. The subsoil and substratum are reddish brown very stony loam about 22 inches thick. Soft reddish brown sandstone and shale are at a depth of 32 inches. Permeability of the Arle soil is moderate, and available water capacity is low. Effective rooting depth is about 20 to 40 inches. Surface runoff is medium, and the erosion hazard is severe. The Ansari soil is shallow and well drained. Typically, the surface layer is reddish brown loam about 10 inches thick. The substratum is reddish brown stony loam. Bed- rock is hard, reddish brown sandstone. Permeability of the Ansari soil is moderate, and availa- ble water capacity is low. Effective rooting depth is about 10 to 20 inches. Surface runoff is rapid, and the erosion hazard is severe. Rock outcrop is mainly red sandstone. This complex is used mainly for grazing and wildlife habitat. The native vegetation on the Arle soil is mainly wheat - grass, Indian ricegrass, mountainmahogany, and sage - SOIL SURVEY brush. The native vegetation on the Ansari soil is mainly Indian ricegrass, wheatgrass, 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. Mule deer, rabbit, and grouse find habitat on these soils. Use of this complex for community development or as a source of construction material is limited mainly by depth to rock, steep slopes, thin layers of borrow materi- al, and large stones. Special design can overcome these limitations. Drainage and structures to control runoff from snowmelt reduce erosion around construction sites and roads. This complex is in capability subclass Vile, nonirrigat- ed. 3—Arvada loam, 1 to 6 percent slopes. This deep, well drained, sloping soil is on fans and high terraces (fig. 4). Elevation ranges from 5,100 to 6,200 feet. This soil formed in highly saline alluvium derived from sand- stone and shale. The average annual precipitation is about 12 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 strongly alkaline or very strongly alkaline, pale brown loam about 3 inches thick. The subsoi. is brown silty clay loam about 14 inches thick. The substratum is Tight brown or brown silty clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Limon, Kim, Heldt, and Wann soils. Also included are some soils that are high in silt. Permeability is very slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Organic matter content of the surface layer is low. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat, limited grazing, and some irrigated farming. Irrigated crops produce very poorly because the soil takes water in very slowly and is droughty. Leaching is needed to remove excess salts if this soil is to be irrigat- ed. Soil amendments containing sulphur are helpful in leaching the salt. The native vegetation on this soil is mainly saltgrass, alkali sacaton, and greasewood. When range condition deteriorates, forbs and shrubs increase. Properly managing grazing maintains and im- proves range condition. Seeding improves range in poor condition. Western wheatgrass, alkali sacaton, and tall wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Irrigat- ing new seedings is necessary for successful establish- RIFLE AREA, COLORADO ment. Reducing brush improves the range if the grass understory is adequate. Cottontail rabbit and pheasant find shelter on this soil if they can obtain food in surrounding areas. Use of this soil for sanitary facilities, for community development, and as a source of construction material is limited by the high shrink -swell potential, slow permeabil- ity, clayey textures, and salinity. This soil is in capability subclass Vlls, irrigated and nonirrigated. 4—Arvada loam, 6 to 20 percent slopes. This deep, well drained, sloping soil is on fans and high terraces. Elevation ranges from 5,100 to 6,200 feet. This soil formed in highly saline alluvium derived from sandstone and shale. The average annual precipitation is about 12 inches, average annual air temperature is about 48 de- grees F, and the average frost -free period is about 120 days. Typically, the surface layer is moderately alkaline, pale brown loam about 3 inches thick. The subsoil is brown silty clay loam about 14 inches thick. The substratum is light brown or brown silty clay loam to a depth of 60 inches. included with this soil in mapping are small areas of Limon, Kim, and Heldt soils. Permeability is very slow, and available water capacity is high. Effective rooting depth is 60 inches or more. Organic matter content of the surface layer is low. Sur- face runoff is moderately rapid, and the erosion hazard is severe. This soil is used mainly for wildlife habitat and limited grazing. The native vegetation on this soil is mainly sagebrush, greasewood, and wheatgrass. When range condition deteriorates, grasses decrease and weedy forbs, cheatgrass, big sagebrush, and greasewood increase. Properly managing grazing main- tains and improves range condition. Seeding improves range in poor condition. Western wheatgrass and tall wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Irrigat- ing new seedings is necessary for successful establish- ment. Brush should not be reduced because grass pro- duction is low and some desirable native shrubs could be destroyed. Cottontail and pheasants find shelter on this soil if they can obtain food in surrounding areas. Use of this soil for sanitary facilities and as a source of construction material is limited by the large amounts of clay and salts. This soil is corrosive to steel and con- crete. Community development is limited by high shrink - swell potential, salinity, and steep slopes. This soil is in capability subclass VIIs, nonirrigated. 5—Ascalon fine sandy loam, 1 to 6 percent slopes. This deep, well drained, nearly level to gently sloping soil 11 is on mesas, alluvial fans, and terraces. Elevation ranges from 5,000 to 6,500 feet. The 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 120 days. Typically, the surface layer is brown fine sandy loam about 5 inches thick. The subsoil is brown and yellowish brown sandy clay loam about 30 inches thick. The sub- stratum is very pale brown sandy clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Olney and Potts soils that have slopes of 1 to 6 percent. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches. Sur- face runoff is slow, and the erosion hazard is moderate. This soil is used mainly for irrigated crops, hay, and pasture. Some areas are used for grazing and wildlife habitat. This soil is irrigated mainly by corrugations. Sprinklers are also suitable. This soil erodes easily. Such practices as minimum tillage, grassed waterways, and tail water control reduce the danger of excessive erosion. Drop structures in irrigation ditches control water and prevent excFssive ditch erosion. Tne native vegetation on this soil is mainly need- leandthread, wheatgrasses, 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 also improves the range. Seeding improves range in poor condition. Pubescent wheat - grass, western wheatgrass, and big bluegrass are suit- able for seeding. Preparing a seedbed and drilling the seed are good practices. This soil has potential as habitat for pheasant, cotton- tail rabbit, mourning dove, and squirrel. These animals mostly obtain food and shelter in areas of crops and hay. This soil has few limitations for community develop- ment. Low strength and frost action affect structures and roads. Community sewage systems will be needed if the population density increases. This soil is in capability subclasses Ille, irrigated, and IVe, nonirrigated. 6—Ascalon fine sandy loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on mesas, terraces, sides of valleys, and alluvial fans. Elevation ranges from 5,000 to 6,500 feet. The 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 120 days. Typically, the surface layer is brown fine sandy loam about 5 inches thick. The subsoil is brown and yellowish 12 brown sandy clay loam about 30 inches thick. The sub- stratum is very pale brown sandy clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Olney and Potts soils that have slopes of 1 to 6 percent. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches. Sur- face runoff is medium, and the erosion hazard is moder- ate. This soil is used mainly for irrigated hay and pasture and some crops. Some areas are used for grazing and wildlife habitat. Corrugations are the main method of applying irrigation water. Sprinklers are also suitable. Steep slopes cause erosion to be more rapid on this soil than on less sloping Ascalon soils. Minimum tillage, cover crops, contour til- lage, and grassed waterways help to control erosion. Drop structures are needed in irrigation ditches. The native vegetation on this soil is mainly need- leandthread, wheatgrasses, 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 also improves the range. Seeding improves range in poor condition. Pubescent wheat - grass, western wheatgrass, and big bluegrass are suit- able for seeding. Preparing a seedbed and drilling the seed are good practices. This soil has potential as habitat for cottontail rabbit, squirrel, pheasant, mourning dove, and wild turkey. Steep slopes and frost action limit community develop- ment. Cuts and fills should be minimal, and drainage is needed for roads and structures. This soil is in capability subclasses IVe, irrigated, and Vle, nonirrigated. 7—Ascalon-Pena complex, 6 to 25 percent slopes. These moderately sloping to hilly soils are on sides of valleys and alluvial fans. Elevation ranges from 5,000 to 6,500 feet. The soils 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 120 days. The Ascalon soil makes up about 65 percent of the complex, and the Pena soil makes up about 25 percent. The Ascalon soil is on the less sloping, somewhat con- cave parts of the landscape, and the Pena soil is on the steeper, convex parts. The Ascalon soil is deep and well drained. Typically, the surface layer is brown fine sandy loam about 5 inches thick. The subsoil is brown and yellowish brown sandy clay loam about 30 inches thick. The substratum is very pale brown sandy clay loam to a depth of 60 inches. SOIL SURVEY Permeability of the Ascalon soil is moderate, and avail- able water capacity is moderate. Effective rooting depth is 60 inches. Surface runoff is medium, and the erosion hazard is moderate. The Pena soil is deep and well drained. Typically, the surface layer is about 12 inches thick. The upper part of the surface layer is dark grayish brown stony loam, and the lower part is dark grayish brown very stony loam. The substratum is very pale brown very stony sandy loam to a depth of 60 inches. Permeability of the Pena soil is moderate, and availa- ble water capacity is low. Effective rooting depth is 60 inches. Runoff is slow, and the erosion hazard is moder- ate. Included with these soils in mapping are small areas of Olney and Potts soils that have slopes of 6 to 12 per- cent. These areas are on small, isolated mesas and make up 5 to 10 percent of the complex. This complex is used mainly for wildlife habitat and limited grazing. The native vegetation is mainly needleandthread, wheatgrasses, mountainmahogany, and sagebrush. When range condition deteriorates, forbs and shrubs increase. Properly managing grazing maintains and im- proves range condition. When the range is in poor condi- tion, seeding is practical. Areas must be carefully select- ed to avoid the concentration of stones. Pubescent wheatgrass, western wheatgrass, and big bluegrass are suitable for seeding. Preparinc a seedbed and drilling the seed are good practices. Controlling brush improves areas that are producing more woody shrubs than are normally found in the potential plant community, but con- trolling brush may damage deer habitat. Cottontail rabbit, squirrel, pheasant, mourning dove, wild turkey, and some mule deer find habitat on these soils. Community development is limited by the steep slopes and frost action in the Ascalon soil and by steep slopes and stones in the Pena soil. This complex is in capability subclass Vle, nonirrigated. 8—Atencio-Azeltine complex, 1 to 3 percent slopes. These nearly level to gently sloping soils are on alluvial fans and terraces. Elevation ranges from 5,000 to 7,000 feet. The soils formed in mixed alluvium derived from red -bed shale and sandstone. The average annual precipitation is about 14 inches, the average annual air temperature is about 47 degrees F, and the average annual frost -free period is about 110 days. The Atencio soil makes up about 45 percent of the map unit, and the Azeltine soil makes up about 45 per- cent. Exposed areas of gravel make up about 10 percent of the unit. The Atencio soil is deep and well drained. Typically, the surface layer is dark reddish gray sandy loam about 11 inches thick. The upper part of the subsoil is reddish brown gravelly sandy clay loam about 12 inches thick, RIFLE AREA, COLORADO 13 and the lower part is brown gravelly sandy loam about 5 inches thick. The substratum is sand, cobbles, and gravel to a depth of 60 inches. Permeability of the Atencio soil is moderate, and avail- able water capacity is low. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is slight. The Azeltine soil is deep and well drained. Typically, the surface layer is reddish gray gravelly sandy loam about 8 inches thick. The underlying layer is reddish brown gravelly sandy loam about 10 inches thick. The substratum is calcareous sand, gravel, and cobbles to a depth of 60 inches or more. Permeability of the Azeltine soil is moderately rapid, and water capacity is very low. Effective rooting depth is about 60 inches or more. Surface runoff is slow, and the erosion hazard is slight. These soils are used mainly for grazing and crops. Alfalfa, small grains, potatoes, and grass -legume hay are the main crops. This soil is irrigated mainly by flooding. Grassed water- ways and minimum tillage prevent serious erosion. Cover crops or stubble mulching in dryfarmed areas also reduce erosion. The native vegetation on these soils is mainly wheat - grass, sagebrush, and needleandthread. 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. Seeding improves 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. Reducing brush improves the range. Pheasant, dove, rabbit, squirrel, and some deer find food and shelter on these soils, mainly in areas of crops. Use of this soil for community development or as a source of construction material is limited by the Targe stones. Special design is needed for septic tank absorp- tion fields because of seepage and the possibility of polluting ground water. This complex is in capability subclass IVs, irrigated, and Vis, nonirrigated. 9—Badland. This broadly defined unit consists of steep and very steep, nearly barren land dissected by many intermittent drainage channels that have cut into the soft shale and sandstone of the Green River Forma- tion and into the soft shale and siltstone of the Wasatch, Mancos, and Mesa Verde Formations. Badland occurs throughout the survey area, mainly on steep foothills and mountainsides that have outcrops of shale or sandstone. About 85 percent or more of the area is unvegetated. The water erosion hazard is very severe, and erosion is active. About 15 percent of this map unit is small, isolated areas of Lazear, Tanna, and Dollard soils. These soils have only a sparse plant cover, mainly scattered pinyon and juniper. The value for grazing is very limited. The trees provide a little protection and cover for livestock and wildlife. Badland is unsuitable for community development. Badland is in capability subclass VIIIe, nonirrigated. 10—Begay sandy loam, 1 to 6 percent slopes. This deep, well drained, nearly'level to gently rolling 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 red -bed 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 120 days. Typically, the surface layer is red or yellowish red sandy loam about 14 inches thick. The subsoil is yellow- ish red fine sandy loam about 10 inches thick. The sub- stratum is yellowish red stony sandy loam to a depth of 60 inches. Included with this soil in mapping are small areas of Olney and Ascalon soils that have slopes of 6 to 12 percen'.. These areas make up about 5 to 10 percent of the map unit. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is 60 inches. Surface runoff is slow, and the erosion hazard is moder- ate. This soil is used mainly for some irrigated pasture and hay and for grazing. Small acreages of wheat, barley, and oats are grown. Flooding and sprinklers are suitable for irrigating this soil. This soil is droughty and needs frequent irrigation to mature crops. Controlling the rate of water application reduces piping and 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 maintains and improves range condi- tion. Seeding improves 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, mourning dove, chukar, and some mule deer find habitat on this soil. Use of this soil for community development and as a source of construction material is limited by seepage, large stones, and excess fines. This soil is in capability subclasses Ille, irrigated, and IVe, nonirrigated. 11—Begay sandy loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil RIFLE AREA, COLORADO ranges from 5,000 to 6,500 feet. This soil formed in mixed alluvium derived primarily from basalt. This soil has a thin intermittent cap of reddish eolian material. The average annual precipitation is about 14 inches, the average annual air temperature is 46 degrees F, and the average frost -free period is about 125 days. Typically, the surface layer is brown stony loam about 8 inches thick. The underlying material is white, very strongly calcareous very stony loam to a depth of 60 inches. Included with this soil in mapping are small areas of Potts and Ascalon soils on less sloping positions. These areas make up 5 to 15 percent of the map unit. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is more than 60 inches. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for grazing and wildlife habitat. The native vegetation on this soil is mainly pinyon and Utah juniper. The understory consists mostly of Indian ricegrass, wheatgrass, junegrass, serviceberry, bitter - brush, and big sagebrush. When the understory vegetation deteriorates, grasses almost disappear and forbs and shrubs increase. Proper- ly managing the vegetation maintains wood production and grazing. Selectively thinning the pinyon and juniper improves understory grazing and provides firewoor', posts, and Christmas trees. This soil is suited to production of pinyon and Utah juniper. It can produce 9 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foot) of 5 inches. The low available water capac- ity affects survival of tree seedlings. Mule deer, chukar, wild turkey, gray squirrel, and cot- tontail rabbit find habitat on this soil. Community development is limited by large stones and steep slopes. Structures to divert runoff are needed for roads. This soil is in capability subclass Vls, nonirrigated. 34—Ildefonso stony loam, 25 to 45 percent slopes. This deep, well drained, hilly to steep soil is on mesa breaks, sides of valleys, and alluvial fans. A small portion of this unit is on very steep to extremely steep mesa escarpments. Elevation ranges from 5,000 to 6,500 feet. This soil formed in mixed alluvium derived primarily from basalt. This soil has a thin intermittent cap of reddish eolian material. The average annual precipitation is about 1-4 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is about 125 days. Typically, the surface layer is brown stony loam about 8 inches thick. The underlying material is white, very strongly calcareous very stony loam to a depth of 60 inches. Included with this soil in mapping are small areas of Potts and Ascalon soils on less steep and depressional 23 positions. These areas make up about 5 to 15 percent of the map unit. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is more than 60 inches. Surface runoff is medium, and the erosion hazard is severe. Ildefonso soil is used mainly for grazing and wildlife habitat. The native vegetation on this soil is mainly pinyon and Utah juniper. The understory consists of Indian ricegrass, wheatgrass, junegrass, serviceberry, bitterbrush, and big sagebrush. When the understory vegetation deteriorates, grasses almost disappear and forbs and shrubs increase. Proper- ly managing the vegetation maintains wood production and ground cover. The value for grazing is low because of steep slopes and tree cover. Firewood, posts, and Christmas trees can be harvested on the more gently sloping areas. This soil is suited to production of pinyon and Utah juniper. It can produce 9 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foot) of 5 inches. The low available water capac- ity affects survival of tree seedlings. Steep slopes and severe erosion hazard affect harvesting. Mule deer, chukar, wild turkey, gray squirrel, and cot- tontail rabbit find habitat on this soil. Community development is limited by large stones and steep slopes. Structures to divert runoff are needed for roads. This soil is in capability subclass Vile, nonirrigated. 35—Ildefonso-Lazear complex, 6 to 65 percent slopes. Moderately sloping to very steep soils are on hillsides and mesa breaks. Elevation ranges from 5,000 to 6,500 feet. The Ildefonso soil formed in very calcare- ous, mixed, stony alluvium derived mainly from basalt, and the Lazear soil formed in shale and sandstone re- siduum. 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. The Ildefonso soil makes up about 50 percent of the unit, the Lazear soil makes up about 30 percent, and soils of minor extent make up 20 percent. The Ildefonso soil is deep and well drained. Typically, the surface layer is brown stony loam about 8 inches thick. The underlying material is white, very strongly cal- careous very stony loam to a depth of 60 inches. Permeability of the Ildefonso soil is moderately rapid, and available water capacity is low. Effective rooting depth is more than 60 inches. Surface runoff is medium, and the erosion hazard is moderate. The Lazear soil is shallow over shale bedrock and is well drained. Typically, the surface layer is grayish brown gravelly loam about 4 inches thick. The underlying mate- • • RIFLE AREA, COLORADO 103 TABLE 7. --BUILDING SITE DEVELOPMENT [Some terms that describe restrictive soil features are defined in the Glossary. See text for definitions of "slight," "moderate," and "severe." Absence of an entry indicates that the soil was not rated] Soil name and I map symbol Shallow excavations Dwellings without basements Dwellings with basements Small commercial buildings Local roads and streets 1 I ' , 1 1 1 ;Severe:(Severe: :Severe: :Severe: ;Severe: Almy Variant ; slope. ; slope. . slope. ; slope. ; slope, I low strength. 2*: : ; I 1 Arle ;Severe: ;Severe: :Severe: Severe:;;Severe: ; slope, I slope, i slope, ; slope, ; slope, I large stones. I large stones. ; large stones. ; large stones. I large stones. I 1 I : Ansari ;Severe: :Severe:;Severe: ;Severe: ;Severe: I slope, : slope, I slope, I slope, ; slope, I depth to rock. I depth to rock. I depth to rock. I depth to rock. ; depth to rock. 1 Rock outcrop. : : . . ' ; I 1 1 1 3 ;Moderate: :Severe: :Severe: ;Severe: ;Severe: Arvada I too clayey. I shrink -swell. I shrink -swell. ; shrink -swell. I shrink -swell, ; 1 1 1 ' low strength. '1 1 1 ' 4 ;Moderate: :Severe: :Severe: ;Severe: :Severe: Arvada I slope, I shrink -swell. I shrink -swell. I slope, I shrink -swell, too clayey. : : I shrink -swell. I low strength. 1 11 1 1 5 :Slight :Moderate: ;Moderate: ;Moderate: ;Moderate: Ascalon : I low strength. : low strength. I low strength. I frost action, : : ; ; I low strength. '1 1 ' 1 I 1 1 1 6 ;Moderate: :Moderate: ;Moderate:;Severe: ;Moderate: Ascalon ; slope. ; slope, ; slope, I slope. ; slope, : I low strength. : low strength. ; ; frost action, 1 I low strength. 11 ' 1 1 ' 1 ' 7*: ; Ascalon ;Moderate: :Moderate: :Moderate: ;Severe: :Moderate: I slope. 1 slope, : slope, ; slope. ; slope, ; I low strength. : low strength. ; ; frost action, :• : ; ; I low strength. 11 1 ' : I 1 1 1 Pena ;Severe: ;Severe: :Severe: ;Severe: ;Severe: slope, ; slope, ; slope, ; slope, I slope, : large stones. I large stones. I large stones. ; large stones.1 ; large stones. ' 1 1 1 I ' 8*: ; ; ' Atencio ;Severe: :Slight :Slight ;Slight ;Slight. : : cutbanks cave. ; 1 1 1 Azeltine ;Severe: ;Moderate: :Moderate: ;Moderate: :Moderate: ; cutbanks cave, I large stones. I large stones. I large stones. ; large stones. I large stones. ; . 1 ' ' I i : I 1 9* ; ; Badland ; 1 . ' 10 ;Moderate: :Slight :Moderate: :Slight :Slight. Begay : large stones. : : large stones. : I 1 ' 1 1 ' 11 :Moderate: :Moderate: :Moderate::Severe: :Moderate: Begay : slope, ; slope. ; slope, I slope. ; slope. large stones. : large stones. : 1 1 1 1 1 12*: : : Bucklon :Severe: :Severe: :Severe: :Severe: Severe: I depth to rock, I depth to rock, : depth to rock, I depth to rock, depth to rock, I slope. I slope. I slope. I slope. slope, low strength. 1 I See footnote at end of table. aiFLE AREA, COLORADO TABLE 7. --BUILDING SITE DEVELOPMENT --Continued 105 Soil name and map symbol Shallow excavations ock outcrop. ialaquepts 3, 29 {eldt Heldt Heldt 32 Holderness Variant 33, 314 Ildefonso 35*: Ildefonso Lazear 36, 37 Irigul 38*: Irigul Starman 39 Jerry 40 Kim 141 :Moderate: : too clayey. :Moderate: 1 too clayey, 1 slope. :Severe: I slope, I too clayey. :Severe: : slope. :Severe: slope, 1 large stones. :Severe: slope, 1 large stones. :Severe: 1 depth to rock, : slope. :Severe: 1 slope, : depth to rock. :Severe: : slope, 1 depth to rock. :Severe: : slope, depth to rock. :Severe: : slope. :Slight Kim 142 Lamphier :Moderate: : slope. :Severe: I slope. See footnote at end of table. Dwellings without basements Dwellings with basements Small commercial buildings Local roads and streets Severe: shrink -swell, low strength. Severe: shrink -swell, low strength. Severe: slope, I shrink -swell, I low strength. :Severe: I slope, I shrink -swell, I low strength. ;Severe: I slope, I large stones. ;Severe: I slope, ; large stones. ;Severe: depth to rock, 1 slope. :Severe: 1 slope, ; depth to rock. ;Severe: 1 slope, I depth to rock. ;Severe: 1 slope, I depth to rock. :Severe: I shrink -swell, 1 slope. :Moderate: : shrink -swell. :Moderate: I shrink -swell, I slope. :Severe: ; slope. :Severe: : shrink -swell, : low strength. Severe: shrink -swell, low strength. :Severe: I slope, 1 shrink -swell, I low strength. :Severe: I slope, I shrink -swell, : low strength. :Severe: : slope, : large stones. :Severe: : slope, 1 large stones. :Severe: 1 depth to rock, I slope. :Severe: : slope, : depth to rock. :Severe: I slope, I depth to rock. :Severe: : slope, : depth to rock. :Severe: I slope, : shrink -swell. :Moderate: I shrink -swell. :Moderate: : shrink -swell, : slope. ;Severe: : slope. :Severe: 1 shrink -swell, low strength. Severe: slope, shrink -swell, low strength. :Severe: : slope, : shrink -swell, I low strength. :Severe: I slope, I shrink -swell, : low strength. :Severe: 1 slope, : large stones. ;Severe: 1 slope, I large stones. :Severe: 1 depth to rock, 1 slope. ;Severe: I slope, I depth to rock. ;Severe: : slope, : depth to rock. ;Severe: I slope, ; depth to rock. ;Severe: I shrink -swell, I slope. ;Moderate: : shrink -swell, 1 slope. ;Severe: I slope. ;Severe: : slope. :Severe: : shrink -swell, 1 low strength. :Severe: : shrink -swell, I low strength. :Severe: : slope, 1 shrink -swell, : low strength. :Severe: 1 slope, : shrink -swell, ; low strength. :Severe: I slope, : large stones. :Severe: : slope, I large stones. :Severe: : depth to rock, : slope. :Severe: 1 slope, : depth to rock. :Severe: : slope, depth to rock. :Severe: 1 slope, I depth to rock. :Severe: : shrink -swell, 1 slope, 1 low strength. Moderate: shrink -swell, low strength. ;Moderate: I slope, 1 shrink -swell, I low strength. ;Severe: 1 slope. • • 108 SOIL SURVEY TABLE 8. --SANITARY FACILITIES [Some terms that describe restrictive soil features are defined in the Glossary. See text for definitions of "slight," "moderate," "good," "fair," and other terms. Absence of an entry indicates that the soil was not rated] Soil name and map symbol 1 Septic tank I Sewage lagoon I Trench I Area : absorption : areas 1 sanitary 1 sanitary : fields 1 1 landfill 1 landfill Daily cover for landfill : ; I ; 1 ;Severe: ;Severe: :Severe: ;Severe: :Poor: Almy Variant ; slope, ; slope. 1 slope. 1 slope. i slope. 1 percs slowly. ; ; ; : i i i , 2*: i i i i i Arle :Severe: ;Severe: ;Severe: ;Severe: :Poor: 1 slope, : slope, i slope, : slope. 1 slope, depth to rock. ; large stones. ; depth to rock. ; : large stones, : : ; : 1 area reclaim. : 1 : : ; Ansari ;Severe: :Severe: :Severe: :Severe: ;Poor: slope, ; slope, i slope, ; slope. ; slope, depth to rock. ; depth to rock. ; depth to rock. ; i thin layer, I I area reclaim. ; : : 1 : Rock outcrop. : : : ; . , i 1I 1 3 ;Severe: ;Moderate: !Moderate: ;Slight ;Fair: Arvada percs slowly. : slope. 1 too clayey. 1 : too clayey. 4 Severe:;Severe: :Moderate: :Moderate: !Fair: Arvada I percs slowly. ; slope. : too clayey. : slope. : slope, : : : 1 I too clayey. I : 1 ; 5 :Slight :Severe: :Severe: :Severe: ;Good. Ascalon ; : seepage. : seepage. ; seepage. : : 1 1 ;: 6 !Moderate: ;Severe:;Severe: ;Severe: :Fair: Ascalon : slope. : slope, : seepage. : seepage. I slope. : : seepage. : ; : : : ; ; : 7*: 1 ; : : : Ascalon ;Moderate: :Severe: ;Severe: ;Severe: :Fair: : slope. ; slope, ; seepage. I seepage. 1 slope. : : seepage. : : : 1 : ; 1 : Pena ;Severe: :Severe: ;Severe: :Severe: :Poor: slope, : slope, : large stones. ; slope. I slope, large stones. ; large stones. : ; : large stones. 1 . 1 , , , 8*: : : : : : Atencio ;Slight ;Severe: ;Severe: ;Slight :Severe: : ; seepage. ; seepage. : 1 large stones. ; : 1 ; ; Azeltine :Severe: :Severe: :Severe: :Severe: :Poor: 1 large stones. 1 seepage, : seepage, 1 seepage. : seepage, : : large stones. : large stones. : I large stones. 9*. 1 : : : : Badland ; : : : : 1 1 1 1 . 10 :Moderate: :Severe: :Severe: :Severe: :Fair: Begay I large stones. : seepage. 1 seepage. : seepage. I large stones. 11 :Moderate: :Severe: :Severe: :Severe: ;Fair: Begay : slope, ; slope, I seepage. : seepage. ; slope, : large stones. I seepage. : ; : large stones. ; : ; : : 12*: : : : : : Bucklon ;Severe: :Severe: :Severe: :Severe: :Poor: 1 depth to rock, : depth to rock, 1 depth to rock, : slope. : thin layer, ! slope, : slope. : slope. : 1 slope, : percs slowly. ; : : 1 area reclaim. : : : : : See footnote at end of table. • • 110 SOIL SURVEY TABLE 8. --SANITARY FACILITIES --Continued Soil name and map symbol Septic tank absorption fields Sewage lagoon areas Trench sanitary landfill Area sanitary landfill Daily cover for landfill 24*: Rock outcrop. 25 ;Severe: Etoe : slope, I large stones. 26*: Farlow :Severe: I slope, I depth to rock. Rock outcrop. 27*. Halaquepts : 28, 29 :Severe: Heldt I percs slowly. 30 !Severe: Heldt ; percs slowly. 31 :Severe: Heldt I slope, I percs slowly. 32 :Severe: Holderness Variant ! slope, percs slowly. 33 :Severe: Ildefonso : slope, : large stones. 34 :Severe: Ildefonso I slope, I large stones. 35*: Ildefonso :Severe: : slope, I large stones. Lazear :Severe: ! depth to rock, I slope. 36, 37 !Severe: Irigul I slope, I depth to rock. 38*: : 114 • • TABLE 9. --CONSTRUCTION MATERIALS SOIL SURVEY [Some terms that describe restrictive soil features are defined in the Glossary. See text for definitions "good," "fair," and "poor." Absence of an entry indicates that the soil was not rated] of Soil name and map symbol Roadfill Sand Gravel i Topsoil i I i 1 :Poor: :Unsuited :Unsuited ;Poor: Almy Variant 1 slope, : : slope. : low strength. : I 1 : 1 2*: i ; 1 Arle :Poor: ;Unsuited: ;Unsuited: Poor: I slope, 1 thin layer. 1 thin layer, : slope, thin layer, I : I large stones. : area reclaim. : I Ansari :Poor: :Unsuited :Unsuited ;Poor: I slope, I : : slope, thin layer, i , 1 large stones, area reclaim. 1 : I area reclaim. ; 1 : 1 I Rock outcrop. : . I , , 1 : 1 3, 4 ;Poor: ;Unsuited: ;Unsuited: ;Poor: Arvada ; shrink -swell, I excess fines. : excess fines. : too clayey, low strength. ; ; I excess sodium. I I , I I I 5 ;Poor:;Poor: ;Unsuited ;Fair: Ascalon : low strength. ; excess fines. . : too clayey. I I I I 1 6 ;Poor::Poor: ;Unsuited ;Fair: Ascalon I low strength. ; excess fines. : : slope, : 1 I too clayey. 1 : 1 1 7*: ; : ; Ascalon ;Poor: :Poor: ;Unsuited ;Fair: : slope, low strength. : excess fines. : I : : I too clayey. I 1 I Pena :Poor: :Unsuited :Unsuited :Poor: : large stones. : ; : slope, { : I large stones. ; 1 : 1 8*: I : 1 ; Atencio :Good :Poor: ;Poor: :Fair: 1 large stones. : large stones. : small stones. I 1 I 1 Azeltine ;Fair: ;Poor: :Poor: ;Poor: I large stones. I large stones. I large stones. : small stones. 1 1 I I 1 I 9* : ; ; ; Badland : 1 II I I 1 1 1 10 ;Fair: :Poor: :Unsuited rood.. Begay I large stones. I excess fines, : : I large stones. : 1 : ; 1 11 ;Fair: :Poor: :Unsuited ;Fair: Begay I large stones. : excess fines. : ; slope. I I 1 1 I 1 12*: : 1 ; ; Bucklon ;Poor::Unsuited :Unsuited :Poor: I thin layer, : : : slope, 1 slope, ; ; I area reclaim, : area reclaim. : I I thin layer. I 1 See footnote at end of table. 116 • • TABLE 9. --CONSTRUCTION MATERIALS --Continued SOIL SURVEY 1 Soil name and Roadfill : Sand i Gravel ; Topsoil map symbol : : : 1: : i i ; 1 . : 1 1 : 24*: ' i i i Dollard ;Poor: :Unsuited !Unsuited ;Poor: : thin layer, ! : ; slope, 1 slope, ! ; : too clayey. ! low strength. 1 1 1 1 1 : 1 Rock outcrop. I ! 1 1 ; : ; 25 :Poor: !Unsuited ;Unsuited: ;Poor: Etoe I slope, ; : large stones. 1 slope, ; large stones. i : : small stones. : : : : 26*: 1 : : : Farlow :Poor: ;Unsuited ;Unsuited ;Poor: 1 slope. ; ! I slope, : : 1 1 small stones. Rock outcrop. I I I I : ! : ! ' I 27*. 1 1 1 Halaquepts : ! : 1 28, 29, 30 :Poor::Unsuited :Unsuited ;Poor: Heldt ; shrink -swell, 1 I 1 too clayey. : low strength. : 1 1 I 1 : : 31 :Poor: :Unsuited: :Unsuited: :Poor: Heldt I shrink -swell, : excess fines. 1 excess fines. ; slope, 1 low strength. : 1 : too clayey. I I I 1 32 ;Poor: :Unsuited :Unsuited :Poor: Holderness Variant ! low strength, 1 ; : slope. 1 shrink -swell. ! : 1 1 1 1 : 33 :Poor: !Unsuited !Unsuited ;Poor: Ildefonso ; large stones. ! ; : slope, I I : 1 large stones. I 1 : 1 34 ;Poor: ;Unsuited :Unsuited :Poor: Ildefonso ' slope, 1 1 : slope, large stones. : ! 1 large stones. '1 35*: : 1 : Ildefonso :Poor: ;Unsuited (Unsuited :Poor: slope, : : 1 slope, : large stones. ; : : large stones. : : : : Lazear :Poor: :Unsuited :Unsuited ;Poor: : slope, 1 ! 1 slope, thin layer, i 1 1 small stones, : area reclaim. ! : 1 area reclaim. I I 1 I 36, 37 ;Poor: :Unsuited :Unsuited :Poor: Irigul 1 slope, ; : ; slope, : thin layer, ; : : small stones, 1 area reclaim. : : ; area reclaim. I I I 1 38*: : ! I I Irigul :Poor: ;Unsuited :Unsuited ;Poor: 1 slope,. 1 1 slope, 1 thin layer, 1 ! I small stones, I area reclaim. ! ; : area reclaim. : : : !Poor: Starn:an !Poor: :Unsuited: :Unsuited: 1 slope, 1 thin layer. 1 thin layer. : slope, 1 thin layer, ! ! 1 area reclaim, 1 area reclaim. ; : : small stones. 1 I ; : See footnote at end of table. 120 TABLE 10. --WATER MANAGEMENT SOIL SURVEY [Some terms that describe restrictive soil features are defined in the Glossary. Absence of an entry indicates that the soil was not evaluated] Soil name and map symbol Pond reservoir areas ; Embankments, I dikes, and levees Drainage 1 ; Irrigation ; Terraces and I diversions Grassed waterways 1 Almy Variant 2*: Arle 3 4 5 6 Ansari Rock outcrop. Arvada Arvada Ascalon Ascalon 7*: Ascalon Pena 8*: Atencio Azeltine 9*. Badland 10 Begay 11 Begay 12*: Bucklon Inchau 13 Chilton ;Slope ;Slope, ;Favorable ;Slope ;Piping, ;Slope, I seepage, I thin layer, ; depth to rock, I depth to rock.; large stones. I large stones. I I I (Slope, ;Thin layer ;Slope, : depth to rock.; I depth to rock. I . 1 1 1 : 1 1 : ; 1 I i ; Favorable ;Excess 1 !Excess 1 1, I I 1 ;Slope ;Excess : 1 I ; 1 ;Seepage, ;Favorable I slope. ; ;Seepage, ;Favorable I slope. : ; 1 1 I : :Seepage, ;Favorable I slope. : I , ;Slope, I large stones. : : 1 I ;Seepage, ; slope. 1 I : ;Slope, I seepage. I I 1 1 , 1 1 ;Slope, I seepage. I ;Slope, I seepage. I I ;Depth to rock, I slope. 1 ;Slope, ;Thin layer I depth to rock,; I seepage. 1 , I I ;Seepage, :Seepage I slope. 1 , I ;Slope ;Large stones, I slope, : droughty. ;Droughty, slope, rooting depth.; I I : ;Slope ;Large stones, I slope, depth to rock. ;Slope, I depth to rock. sodium --:Peres slowly, ;Slope, I excess sodium,; peres slowly, I slope. I excess sodium sodium--lPeres slowly, ;Slope, ; excess sodium,; percs slowly, I slope. I excess sodium ;Slope ;Slope ; ;Slope ;Slope ;Slope :Slope Slope. Large stones, slope, droughty. Slope, rooting depth, droughty. ;Peres slowly ---:Peres slowly, I excess sodium. ;Slope, ;Slope, I percs slowly. percs slowly, .: excess sodium. ;Large stones ---;Slope, Mope, 1 I large stones. I large stones, 1 1 I droughty. ; I ; I I ;Seepage, :Slope, ;Slope, I large stones. I cutbanks cave,; droughty, 1 : large stones. I soil blowing. : ; : ;Seepage, ;Slope, ;Slope, I large stones. I large stones. I seepage, : 122 • • TABLE 10. --WATER MANAGEMENT --Continued SOIL SURVEY Soil name and map symbol Pond reservoir areas I Embankments, : dikes, and levees Drainage : Irrigation I Terraces and I diversions Grassed waterways 33, 34 ;Seepage, Ildefonso I slope. 35*: Ildefonso ;Seepage, I slope. Lazear ;Depth to rock, I slope. : I 36, 37 ;Slope, IThin Irigul I depth to rock.; 1 , 1 38*: : 1 Irigul ;Slope, ;Thin I depth to rock.; 1 1 1 1 1 Starman :Slope, ;Thin I depth to rock.; 1 9 ;Slope ;Hard Jerry 1 1 0 ;Slope, :Piping Kim ; seepage. 1 ;Slope, ;Piping Kim ; seepage. 2 :Slope, Lamphier I seepage. I 3 ;Slope Limon 1 4 ;Slope, lorval ; seepage. 7*: Morval ;Slope, : seepage. Tridell :Slope, I seepage. :Seepage : I 1 I 1 I :Seepage, :Seepage I slope. :Slope, : seepage. I I : ;Large stones ---(Slope, (Slope, ;Large stones, ;Slope, 1 large stones. 1 large stones, 1 slope. 1 large stones, 1 1 ; droughty. 1 ; droughty. 1 1 1 I I , , I I ;Large stones ---;Slope, ;Slope, :Large stones, ;Slope, 1 large stones. I large stones, : slope. 1 large stones, 1 1 I droughty. 1 1 droughty. ; IThin layer ;Depth to rock, ;Rooting depth, ;Depth to rock, :Slope, slope. ; slope. 1 slope. ! rooting depth. 1 , layer ;Depth to rock ;Slope, !Depth to rock, :Slope, 1 I rooting depth,: slope. I rooting depth, ; droughty. : ! droughty. I 1 1 1 1 I 1 1 1 layer ;Depth to rock !Slope, :Depth to rock, ;Slope, 1 : rooting depth,: slope. I rooting depth, 1 I droughty. 1 1 droughty. I 1 I : layer ;Depth to rock :Slope, :Slope, ;Slope, ! I rooting depth.! depth to rock.: rooting depth. 1 1 1 , I 1 to pack !Slope, :Slope, !Slope, !Slope, : percs slowly. : peres slowly. I percs slowly. I percs slowly. I 1 !Slope ;Slope ;Favorable !Favorable. 1 , I I : ; ; :Slope :Slope Slope :Slope. : 1 1 :Piping :Slope:Slope ;Slope !Slope. , I I , i : :Hard to pack ---:Peres slowly, :Peres slowly, :percs slowly :Peres slowly. 1 I slope. I slope. 1 1 I 1 I 1 I :Favorable:Slope :Erodes easily, :Erodes easily ;Erodes easily. 1 1 I slope. 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 :Favorable :Slope :Erodes easily, :Erodes easily :Erodes easily. 1 1 : slope. 1 1 11 1 1 I I I , !Large stones, :Slope,;Slope, ;Slope, ;Slope, 1 seepage. ! large stones. : droughty, ; large stones. : droughty, 1 1 I large stones. I I large stones. 1 1 1 1 , , I 1 :Seepage :Slope :Slope, !Favorable :Droughty. I droughty. : I :Slope :Slope, :Slope Slope, : : droughty. : droughty. : :Thin layer :Slope :Slope :Slope Slope. 1 I : I : :Favorable :Favorable :Favorable :Favorable Favorable. 1 1 1 1 I 1 1 :Favorable :Slope:Slope :Slope :Slope. : I I I I 11 1 1 1 ;Thin layer :Depth to rock, ;Slope, :Depth to rock, :Slope, :1 slope. I droughty, 1 slope. I rooting depth, rooting depth : : droughty. 1 I 1 1 1 I 7 7ihi11 7 dihill 3 lorthwater Dlney 3, 51 Olney 2 Parachute Seepage ;Slope, 1 seepage. :Depth to rock, : slope, : seepage. See footnote at end of table. • • 134 SOIL SURVEY TABLE 13. --ENGINEERING INDEX PROPERTIES [The symbol < means less than; > means more than. Absence of an entry indicates that data were not estimated] Soil name and map symbol 1 Classification ;Frag- [ Percentage passing (Depth; USDA texture ; ; Invents 1 sieve number-- : ; Unified 1 AASHTO 1 > 3 I I 1 :inches: 4 , 1 1 10 i 40 200 :Liquid 1 limit Plas- ticity index 1 Almy Variant 2*: Arle Ansari Rock outcrop. 3, 4 Arvada 5, 6 Ascalon 7*: Ascalon 1 0-5 :Fine sandy loam ISM 5-30ISandy clay loam ISC, CL ;30-60lSandy loam, ;SC, 1 sandy clay 1 SM -SC 1 loam, fine 1 CL, I sandy loam. I CL -ML ; ! 1 Pena 1 0-12;Stony loam ICL -ML 12-60;Very stony loam,IGM I very stony ; sandy loam. , 1 1 , 8*: ; ! Atencio ; 0-11;Sandy loam ISM 111-23:Gravelly sandy ISC ; clay loam, I sandy clay 1 loam. 123-281Gravelly sandy ISM -SC I clay loam, I gravelly sandy 1 1 loam. ;28-60:Sand, gravel, ;SP, GP, I and cobbles. ; SP -SM, 1 GP -GM In I 1 1 Pct 1 , 0-8 :Loam ICL -ML IA -4 0-5 ;90-100190-100180-95 50-75 ! 10-20 5-10 8-341C1ay loam ICL 1A-6 0-5 185-100185-100175-95 65-85 1 30-40 10-20 34-601Flaggy clay ICL 1A-6 25-35 175-90 175-90 160-80 50-70 120-30 10-15 1 loam, flaggy ; ! 1 ; ; I loam. 1 , , , , , , , ; ! ; ; ; ; 0-10:Very stony loam :SM, GM, IA -4 25-40 160-85 155-80 145-70 35-55 NP 1 I ML 1 1 1 1 10-32:Very stony loam,IGM, SM 1A-2, A-1 30-60 ;40-70 140-70 135-55 20-35 NP 1 very stony 1 1 1 1 1 1 sandy loam. 1 1 1 1 1 32 !Weathered ; ; --- --- ; --- ; --- ! --- --- bedrock. 1 ; 1 I 1 1, , , 1 0-10:Loam ICL -ML, ;A-4 5-15 175-100175-90 170-80 45-65 20-30 5-10 1 I SM -SC 1 1 1 1 10-181Loam, stony loamlCL-ML, ;A-4 15-35 175-95 175-90 170-80 45-65 20-30 5-10 I SM -SC ; 1 ; ; Pct 18 :Unweathered --- --- bedrock. 1 1 ; 1 1 ! 1 1 1 1 1 ,, 1 I I 1 , , 1 1 , 1 ; 1 1 1 1 1 0-3 !Loam ICL -ML 14-4 0 190-100190-100185-95 160-75 15-25 5-10 3-17:Clay, silty clay;CL, CH IA -7 0 180-100175-100170-100165-95 40-65 20-35 I loam. 1 1 1 1 1 1 17-601Clay loam, siltylCL A-7 0 180-100175-100170-100155-80 40-45 20-25 1 clay loam. 1 1 I ; 1 1 0-5 !Fine sandy loam :SM 1A-2, A-4 0 195-100190-100170-95 :25-50 15-25 NP -5 5-301Sanuy clay loam ISC, CL !A-6 0 195-100190-100180-100140-55 20-40 10-20 30-60:Sandy loam, ISC, IA -4, A-6 0 195-100195-100175-95 135-65 20-40 5-15 I sandy clay 1 SM -SC, 1 1 1 1 ; I loam, fine 1 CL,1 1 ! 1 ; ; sandy loam. 1 CLML 1 1 ; 1 ! 1, , 1 , 1 1 , , , 1 1 , 1 1 1 IA -2, A-4 0 195-100190-100170-95 125-50 15-25 NP -5 1A-6 0 195-100190-100180-100140-55 20-40 10-20 1A-4, A-6 0 195-100 95-100175-95 135-65 20-40 5-15 I I 1 ; , 1 1 I I 1 1 1 I 1A-4 5-20 175-90 75-85 170-75 150-60 20-40 5-20 IA -1, 35-75 140-75 135-70 130-65 120-50 20-30 NP -5 1 1 , A-2, 1 1 1 I ; 1 A-4 1 1 1 1 1 1 1 1 , 1 1 1 1 1 1 1 1 1 1 lA-2 0-5 175-100175-100150-65 120-30 15-20 NP -5 1A-2, A-6 0-5 :65-90 150-90 135-65 125-45 20-30 10-15 ; ; 1 I ; ; I 1 1 1 1 1 1 1A-2 1 5-10 150-80 150-75 140-65 115-30 15-25 5-10 1 1 ,1 1 1 1 1 1 , , ,1 1 1 ;A-1 130-60 140-60 135-55 110-35 1 0-10 NP 1 1 ; 1 1 1 1 1 1 i 1 , 1 , I 1 1 1 1 I 1 See footnote at end of table. • • RIFLE AREA, COLORADO 137 TABLE 13. --ENGINEERING INDEX PROPERTIES --Continued Classification ;Frag- ; Percentage passing ; Soil name and ;Depth; USDA texture ; ; 1ments 1 sieve number-- ;Liquid map symbol ; ; ; Unified ; AASHTO ; > 3 ; ; , ; ; limit ; ;inches; 4 ; 10 ; 40 ; 200 In , ; ; 1 Pot; ; ; ; ; Pct — , I 0-8 ;Clay loam CH, CL 1A-7 0 195-100195-100195-100;75-95 ; 45-55 8-60:Silty clay, ;CH, CL 1A-7 0 195-100;95-100195-100 75-95 ; 45-55 ; clay, clay loam; ; 1 1 1 1 1 1 1 0-11;Clay loam CL -ML, CLIA -4, A-6 0-5 195-100190-100;70-95 50-80 ; 20-35 A-6 0-5 195-100;90-100180-95 60-85 ; 35-60 A-7; 0-5 ;95-100185-100165-90 50-75 ; 30-40 28, 29, 30, 3 Heldt 32 Holderness Variantlll-30IClay ;CL, CH ;A-7, I30-601Clay loam ;CL IA -6, 11 I 1 I 33, 34 ; 0-8 ;Stony loam ISM, GM ;A-1, Ildefonso ; 8-60;Very stony loam,; SM, GM 1A-1, ; very gravelly ; ; ; sandy loam. 1 ; 11 ' ' I 35*: 1 Ildefonso ; 0-8 ;Stony loam :SM, GM ;A-1, 8-601Very stony loam,;SM, GM ;A-1, ; very gravelly ; 1 sandy loam. ; 1 11 1 Lazear 0-4 ;Gravelly loam ---;ML, GM 1A-2, 4-16:Gravelly loam, IML, GM 1A-2, ; cobbly loam. ; ; 16 ;Unweathered 1 ; bedrock. ; ; , I 1 I 36, 37 0-6 ;Channery loam---1GM-GC, 1A-4 Irigul ; ; CL -ML ; 6-171Very channery ;GM -GC 1A-2 ; sandy clay ; ; loam. ; ; 17 ;Unweathered ; ; --- ; bedrock. I I1 1 1 1 38*: I I ; Irigul 0-6 ;Channery loam---;GM-GC, IA -4 ; ; CL -ML ; 6-171Very channery ;GM -GC, ;A-2 ; sandy clay I GP -GC 1 loam. ; ; 17 ;Unweathered 1 ; --- ; bedrock. ; I 1 1 Starman 0-3 ;Channery loam ---;GM, SM, ;A-1, A-2 I 1 GM -GC, 1 ; 1 G 3-13;Very gravelly ;GMP -GC ; IA -1, A-2 ; loam, channery ; ; ; loam, very ; ; ; channery loam. 1 I 13 ;Unweathered 1 ; --- ; bedrock. 1 , 39 0-3 :Loam ;ML ;A-4 Jerry , 3-401Gravelly clay 1GC, CL, IA -6, A-7 loam, cobbly ; CH ; ; clay loam, ; 1 1 ; cobbly clay. 1 ; 140-60:Gravelly loam, IGC, CL, IA -2, ; ; cobbly clay. ; CL -ML, ; A-4, ; 1 1 GM -GC ; A-6, 1 1 1 A-7 I I 40, 41; 0-60;Loam IML ;A-4 Kim 1 1 1 1 1 1 I I I 1 1 I 42 ; 0-60;Loam IML 1A-4 Lamphier ; 1 ; 1 ; ; I 1 1 ; A-21 5-25 A-2;20-70 • A-2; 5-25 A-2;20-70 A-41 0-5 A-4 10-20 See footnote at end of table. Plas- ticity index 1 I I I 1 1 150-75 145-60 130-45 120-35 ; 20-25 140-75 135-60 125-50 10-30 ; 20-25 1 1 1 I 1 1 1 1 1 I I I I 1 1 1 150-75 145-60 130-45 20-35 ; 20-25 140-75 35-60 125-50 10-30 ; 20-25 1 1 1 I 1 1 I I 1 I 1 1 1 1 I I I 1 I 150-80 150-75 140-65 30-55 ; 20-30 160-95 55-85 150-80 130-70 ; 20-30 1 1 1 1 I 1 1 1 1 I I 1 I I I 1 1 1 1 1 I 1 1 1 1 1 1 I 1 5-20 170-75 60-75 145-65 35-55 ; 20-30 1 1 1 1 1 1 1 I I 5-20 ;20-50 20-50; ;15-30 ; 5-15 ; 20-30 ; 1 1 I I 1 1 I , I 1 1 ; I 1 25-35 25-35 5-15 15-35 10-20 NP -5 NP -5 NP -5 NP -5 NP -5 NP -5 5-10 5-10 I 1 1 1 1 I 1 1 5-20 170-75 60-75 145-65 135-55 1 20-30 I 5-10 ; ; 5-20 ;; 20-50 120-50 ;15-30 1 5-15 1 20-30 5-10 1 ; 1 1 11 1 1 1 1 1 1 1 1 1 1 1 I I I 0-15 160-80 150-75 140-60 130-50 ; 30-40 5-10 1 1 1 1 i 1 1 1 1 0-15 135-55 130-50 130-45 20-35 1 30-40 5-10 1 1 , I 1 1 I 1 I I 1 1 1 I 1 1 I I 1 ; 1 1 1 1 1 1 1 ; , , I 0 180-100175-100170-95 55-70 ; 20-35 NP -10 5-30 160-90 160-80 145-70 135-70 1 35-60 20-35 1 1 ; 1 1 1 1 1 1 1 I , I 5-30 160-90 160-75 140-70 130-60 ; 20-45 5-25 1 I ; 11 1 1 1 1 1 1 1 1 I 1 , 1 1 1 1 1 I I 1 1 1 0-5 ;75-100175-100160-90 150-75 1 20-30 NP -5 11 1 1 1 1 11 1 I , 1 , I 0-10 180-100175-100170-95 150-75 1 25-35 NP -5 11 1 I I I 1 1 I 1 1 1 August 30, 2000 Mr. Peter Belau Enartech Inc. 302 Eighth Street Glenwood Springs, CO 81601 RE: Prehm Ranch Subdivision Exemption Dear Peter: 0EPAR'c I have reviewed your proposal for fire protection for the Prehm Ranch subdivision exemption consisting of letters dated August 8th, 2000 August 28th, 2000 a Fire Protection Plan dated August 28th, 2000 and a aerial photograph of the property dated August 7`n, 2000. In order for final approval to be given the following changes must be made to the Fire Protection Plan. 1. Water Supply Piping from pond to hydrants should provide a minimum flow of 1000 gallons per minute. 2. Agreements and Maintenance The property owner shall agree to submit plans for approval to the Glenwood Springs Fire Department on all items listed in the Fire Protection Plan prior to construction. The Fire Protection Plan shall be made a part of the plat notes of the approved plat recorded in Garfield County. I look forward to receiving the final Fire Protection Plan for this property with the required changes. Sincerely, Darryl Queen Battalion Chief Glenwood Springs Fire Department 806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 970/945-4942 FAX 970/945-6040 • • FIRE PROTECTION PLAN PREHM RANCH PROPERTY SUBDIVISION EXEMPTION 8/28/2000 Water Supply Water supply for fire fighting shall consist of a pond with a storage volume in excess of 500,000 gallons. Fire hydrants with a standard 4 1/2 -inch hydrant connection and a 2 %-inch connection shall be located within 150 feet of each residential structure. Piping between the pond and the hydrants shall provide a minimum flow of 500 gallons per minute. 2. Automatic Fire Sprinklers Any residential structure with more than 3500 square feet of floor area shall have an automatic fire sprinkler system conforming to NFPA 13D. 3. Road and Access Requirements Intervisible turnouts shall be provided on the existing access road to the property (Prehm Road) to allow unobstructed access by emergency vehicles. Knox boxes shall be provided at any gates that might block access. Maximum road grade shall be 10%. 4. Fire Alarm Systems The fire department will respond to activation of automatic fire alarms only when: A. A flow switch on the fire sprinkler system is activated. B. A RP for the residence or a runner for the fire alarm company has confirmed an emergency. 5. Wild Fire Protection Chapter 8 of NFPA 299 shall be used as a guide for structural location, design and construction. A site analysis by the Colorado State Forest Service shall be requested. 6. Agreements and Maintenance The property owner shall agree to provide their systems for the benefit of others when needed by the fire department. The property owner shall provide yearly inspection reports that the required systems and wild land mitigation requirements are maintained as required. 20' Y !OJ I (GLENWOOD S4rRINGS) ,11 IX '17 a u; i:82 Q N,� \\ 59J+ �„ l M , „ r 302 17'30" 304 1 500 000 FEET ;107005 a 0 0 o 4 1 � 1'644/ yj, - PROPOSED SUBDIVISION EXEMPTION LOTS 17748(ic -NJ • 313 .� /,PREHM RANCH PROPERTY (191 ACRES) - • ,^ 1 0 I( I J L ILS .y •. BM 5957 • 5 — d 4 NORTH --- 70,30 SCALE: 1" = 2000' // 3t) In \a �) 6982 •,* ��':�: - _�� • 11 594 3.).• 9^. = Ir • 5935 4'^ WESTBANK 7055 68`44 •( -7 -�, • 6000 li1�f� \\L\ i4 4r 6489 C-6666 06841 841 \6713 1 • VICINITY MAP PREHM RANCH PROPERTY SUBDIVISION EXEMPTION GARFIELD COUNTY 9/5/2000 A ERAND JUNETION LAORATORftS Lafk3we- P 435 NORTH AVENUE • PHONE: (970) 242-7610 • FAX (970) 243-7235 P GRANO JUNCTION, COLORADO 81501 Received from: — ANALYTICAL REPORT — Colorado River Engineering PD Box 1301 Rifle, CO 91650 Chris Manera Customer No. Laboratory No. Date Received 3/20/01 Lab number Sample ID 6121 Water received 3/20 Samuelson Pump Piet Loi. W( -It 0.19 mg/1 0,00 mg/I 515 mg/1 0 colonies/100ml Nitrate(N) Nitrite(N) Dissolved Solids Total Coliform Bacteria 6121 FAX (970)625-4933 Date Reported water Sample 4/2/01 Limits for Drinking_ Colo. Dept. Health Suggested 10 mg/1 i mg/1 500 my/1 must be zero Lab Dir.: Brian S. Bauer Form No. ' GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCE$ r< m I r" 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 F; �.�'� (303) 866-3581 • WELL PERMIT NUMBER 54873 -F DIV. 5 WD 38 DES. BASIN MD Lot: 1 Block: MARLIN (COLORADO) LTD 0/0 COLORADO RIVER ENGINEERING PO BOX 1301 RIFLE, CO 81650- (970) 625-4933 PERMIT TO CONSTRUCT A WELL Filing: Subdiv: PREHM RANCH EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NE 1/4 Section 34 Township 6 S Range 89 W Sixth P.M. DISTANCES FROM SECTION LINES 4100 Ft. from South 600 Ft. from East Section Line Section Line UTM COORDINATES Northing: Easting: 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 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 Rules 2 OCR 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 18. 3) Approved pursuant to CR 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #000906-AAL(b). This well is identified as Prehm Ranch, lot no. 1 Well. 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 20,000 square feet (0.46 of an acre) of home gardens and lawns. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.61 acre-foot (524,618 gallons). 7) 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. 8) This well shall be constructed not more than 200 feet from the location specified on this permit 9) 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 e APPROVED DMW State Engineer 0 20U1 By [ (� 1 0 2002. Receipt No.9500401 DATE ISSUED FEBLJ EXPIRATION DATFt..D Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES u J 818 Centennial Bldg., 1313 Sherman SL, Denver, Colorado 80203 (303) 866-3581 Q..D ..,, ff WELL PERMIT NUMBER 54874 -F DIV. 5 WD 38 DES. BASIN MD 1095 • Lot: 2 Block: MARLIN (COLORADO) LTD CIO COLORADO RIVER ENGINEERING PO BOX 1301 RIFLE, CO 81650- (970) 625-4933 PERMIT TO CONSTRUCT A WELL Filing: Subdiv: PREHM RANCH EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NE 1/4 Section 34 Township 6 S Range 89 W Sixth P.M. DISTANCES FROM SECTION LINES 3850 Ft. from South Section Line 440 Ft. from East Section Line UTM COORDINATES Northing: Easting: 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 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 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 18. 3) Approved purzuant to CRS 37-90-137(2) for the construcn, of a wet, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #000906-AAL(b). This well is identified as Prehm Ranch, lot no. 2 Well. 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 20,000 square feet (0.46 of an acre) of home gardens and lawns. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.61 acre-foot (524,618 gallons). 7) 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. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) 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. APPROVED DMW `Receipt No. 9500402 DATE ISSUED r E B 1 0 20U1 BY EXpIRATION DATE D 1 2002 State Engineer Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman SL, Denver, Colorado 80203 s') (303) 866-3581 yMa a Y`l.n 1 r/ 1095 WELL PERMIT NUMBER 54875 - F DIV. 5 WD 38 DES. BASIN MD Lot: 3 Block: MARLIN (COLORADO) LTD 0/0 COLORADO RIVER ENGINEERING PO BOX 1301 RIFLE. CO 81650- (970) 625-4933 PERMIT TO CONSTRUCT A WELL Filing: Subdiv: PREHM RANCH EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NE 1/4 Section 34 Township 6 S Range 89 W Sixth P.M. DISTANCES FROM SECTION LINES 3530 Ft. from South 250 Ft. from East Section Line Section Line UTM COORDINATES Northing: Easting: 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 Utes no: 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 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 18. 3) A.pprovrd pursuant to CRS 37-90-137(2) for the constr.ic",,n of a well, appropriating ground water tributary to the Colorado River, as an zlternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #000906-AAL(b). This well is identified as Prehm Ranch, lot no. 3 well. 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 20,000 square feet (0.46 of an acre) of home gardens and lawns. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.61 acre-foot (524,618 gallons). 7) 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. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) 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 )— ,O 2�.� 2 / APPROVED DMW 217 State Engineer 0 By ,Receipt No. 9500403 DATE ISSUEDFE /U 2001 ! EXPIRATION DATE E3 1 0 2002 ‘1111Nuip COLORADO RIVER ENGWEERING, INC. P.O. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 September 7, 2000 Peter Belau, P.E. ENARTECH, Inc 302 8th St., suite 325 Glenwood Springs, CO. 81601 RE: Prehm Ranch Exempt Subdivision — Water Supply Dear Peter: Via Hand Delivery Colorado River Engineering, Inc. has completed a water supply review for the proposed subdivision exemption of Prehm Ranch. It is our opinion that a reliable water supply can be developed for the project given the existing legal supply, physical availability, and water quality test results. We have prepared a brief summary of the water supply components. Attached are the following supporting documents utilized in our review: • Figure 1, "General Location Map" • West Divide Water Conservancy District water contract • Table 1 — Water Demand Estimates • Well construction report • Table 2, Drawdown Recovery Test Data Prehm Test Well • Grand Junction Laboratories water quality test results Background The Prehm Ranch consists of about 191 acres located in Sections 34 & 35, Township 6 South, Range 89 West of the 6th P.M. Garfield County, Colorado as illustrated on the attached Figure 1. The majority of the property consists of elevated benches located along the western banks of the Roaring Fork River. The property also encompasses Fourmile Creek at its confluence with the Roaring Fork River. The Prehm Ranch has historically been utilized for ranching operations. Mr. Edward Prehm has indicated that his family has operated the ranch for about 70 years. Improvements on the property include an existing home and several out buildings. We understand that the exempt subdivision will create three new residential lots of about four acres each. The water supply components for the three new lots include; (1) Domestic supply to be provided by a shared well, (2) Raw water irrigation supply provided by the senior direct flow rights diverting from Fourmile Creek, and (3) Storage in a pond for piscatorial, fishery habitat, and fire protection uses. The remainder of the ranch will continue to utilize a spring to supply domestic water to the ranch house and senior irrigation rights out of Fourmile Creek for pasture irrigation. 1 • • Water Rights Water rights historically utilized at the Prehm Ranch are summarized in the following Table: Water Right Name Amount — cfs'i (cubic ft. per sec.) Use Court Case No. Appropriation Date Adjudication Date Gristy Ditch 0.50 Irrigation 1036,W-92 4/01/1886 4/28/1903 Smart & Green Ditch 0.90 Irrigation 1515 4/24/1909 7/21/1911 Prehm Spring No.1 0.033 abs. (0.5 cond.) Domestic, Fire, irrg, livestock W-1891 5/15/1930 5/18/1973 12/31/1973 12/31/1973 1/ One cubic feet per second = 448 gallons per minute The above water rights divert from or are tributary to Fourmile Creek. These rights are the last structures located on Fourmile Creek before its confluence with the Roaring Fork River. The Smart & Green Ditch has historically irrigated lands on the South side of the creek and will be unaffected by the subdivision. The Gristy Ditch has irrigated lands on the north side of the creek. This ditch will be used to supply the lawn irrigation demands for the three new lots. Easements and a ditch operating agreement for service to the three lots should be developed prior to final plat. Prehm Spring No.1 has historically and will continue to be used to provide the domestic supply to the existing ranch house. Water rights for the shared well and pond are covered under a water contract with the West Divide Water Conservancy District (attached). These structures are located within "Area A" of the district service area and operate under a temporary substitute supply plan approved by the Colorado Division of Water Resources. The water contract covers the well, pond, pond feeder ditch, and a pump & pipeline surface diversion from Fourmile Creek (as shown in Figure 1). Garfield County recognizes a water contract covered under a temporary substitute supply plan as sufficient proof of legal supply for exemption applications. Physical Availability The irrigation ditch rights have historically provided a full supply of water to the Prehm Ranch and will provide a reliable supply in the future. The Prehm Spring No.1 has never experienced shortages in supply according to the Prehm Family. Spring flows in excess of 15 gallons per minute were observed during the "dry year" conditions of this summer and supports the ability of this source to provide a reliable supply to the ranch house. Water demands for the new lots will require that sufficient supply exist to meet domestic uses. Also, water demands have been identified to replace pond evaporation in order to keep the ponds full and provide fire protection at all times. The attached Table 1 summarizes the water demands for the three lots and pond evaporation. 2 • • In-house demands were estimated at 350 gallons per day per residence. A minor amount of irrigation demand of 500 square feet per residence was included to account for minimal outside uses. Domestic demands total about 1.27 acre-feet per year with a peak average diversion rate of 0.88 gallons per minute (gpm) in July. The annual project demands including evaporation replacement are about 3.33 acre-feet per year with a peak monthly demand of 3.6gpm. Surface diversions from Fourmile Creek will supply the pond. The stretch of Fourmile Creek through the Prehm Ranch has historically been a live stream and will provide reliable source of supply to the pond. The domestic potable water supply will be provided by a shared well. Shelton Drilling completed a test hole on Prehm Ranch on August 17, 2000. The well is registered with the Colorado Division of Water Resources as MH -38737 and is located adjacent to Fourmile Creek as shown on Figure 1. Drilling was completed to a depth of 47' and then halted after encountering bedrock formation. A 15 -foot layer of sand and gravel material overlaid the bedrock and appeared to be alluvium deposits of Fourmile Creek. The well construction and test report is attached. Samuelson Pump Company performed a pump test on the well to check for water quantity and quality. A 24-hour pump test was completed at an average pumping rate of 15 gallons per minute. Drawdown and recovery data for the pump test is summarized on Table 2. The initial static water level was measured to be 18' 1-1/2" inches below the top of the casing. The well provides approximately 29 -feet of available drawdown (47'-l8'). The drawdown approached stabilization at approximately 9.08 -feet after 24 -hours of pumping. The 9 -feet of drawdown represents only 31% of the available drawdown. The drawdown data indicates that the well will yield 15+ gpm and is more than sufficient to meet the 0.88-gpm average domestic demands of the 3 -lots. The final design of the well and water system should incorporate either an oversized pump or small storage tank(s) to meet instantaneous peak household demands. The water system should also include easements and operation/sharing agreements. The well recovered quickly after the pump was turned off. Monitoring of the well has shown the water level has returned to "pre pumping" conditions. Constructed into the creek alluvium, this well or another well constructed adjacent to the test hole will provide an excellent source of long term physical supply to the subdivision. Water Quality Water samples were collected during the pump test and forwarded to Grand Junction Laboratories for independent analysis. A water system providing service to three residences does not classify as a "public water supply" as defined by the Colorado Department of Public Health and Environment and is not subject to any drinking water regulations. However, Garfield County requires that water supplies for exempt subdivisions meet state guidelines concerning bacteria and nitrates. The bacteria guideline tests for any presence of coliform bacteria. No coliform bacteria were detected from the Prehm Well. The state maximum contaminant level for nitrates is 10-mg/1 of nitrate and 1- 3 • • mg/I of nitrite. No nitrite was detected and the nitrate level was 0.81 mg/l. The water quality tests for bacteria and nitrates meet state guidelines. Please do not hesitate to call if you have any questions, (970) 625-4933. CM:cm Encl CC: Tony Lawson (via fax) Ramsey Kropf Rick Neiley Bob Jacobsen C:\CREjobfiles\519-Primm Ranch\Belaul.doc Sincerely, Christopher Manera 4 6085 o�• CRD 163 2 Prehm Ranch (191+ acres) it 1 Prehm Well No. 1 Prehm Pond No. 1 Feeder Ditch Gristy Di Prehm Pond No. 1 BP Prehm P1mj 95 &.Pipeline o�rl •. Raiiro4d Grade 5 940 .•‘ oat lnpank r j lf"` PUD �l_% �! � �AIa\,.r �r ..moi • � � • ,r/+�� owstrir: s,„ • 1 \ —•s; PO Box 1301 COLORADO Rifle, CO 81650 IVER Tel 970-625 4933 ENGINEERING Fax 970- 625-5464 cavil Engineerkg iwow Rights, Augmentation Mans sgeoulabaa►,NWPen►ivy •Hydrology, Flood Ilan Ames* Kele* PI eklm. Dema PIOURENO. General Location Map Prehm Ranch File Name: 519/mepl.dwg Job No: 519 Drawn by:CM I Aprvd by: CM Data 9!1/00 Cam A.A. Lawson Revised 2/16/00 • • Contract #000906AAL(a) Map #354 Date Activated 09/06/00 APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name A A Lawson Mailing Address P, o. Box 1301 f; .Ie_ (O </I4 50 Telephone i 7 o /625 - 1933 Authorized Agent or Representative C 6,:5+ehet Man et a Lelvr.�.i� Kver Eny;4ecrm' B. WATER RIGHT OWNED BY APPLICANT OR BEING APPLIED FOR See A F?e, Ji \x A - Name of Right Type of Structure or Right De s c r ; p \; e-, Location of Point of Diversion (description from decree or permit) Water Court Case No. N A Well Permit No. N A (Attach copy of permit) C. INTENDED USE OF LEASED WATER Location of Area of Use (Include metes and bounds legal description of property on which water right is to be used. Maybe attached as Exhibit) See A ??e, -,A \ x 6- P Y o p e'- Nt-y 1-e cj c.� U e s c e► pN; o n Total acreage of above -referenced parcel 190 . 9 6 Address of above -referenced property 91 c cR D 1 o o c) 5? �:.,7 s/ C O 8 4,0 \ DescriptionofUse Dov,,esic, 5tov-c\9e V; re prokeL\--ioh/rec.-re.A;ovl pl3Co ov c.\� c,v,d 1 co --an err; Jc �, ; bh Estimated Sq. Ft. of Lawn and Garden to be Irrigated 1, Soo Method of Irrigation: Flood Sprinkler X Drip Other Total Number of Dwelling Units 3 Potable Water System W e\\ Waste -Water Treatment System"a' dam\ sgwF a Uls qs Type of Meter or Measuring Device 70-\-,1 .'z �. �\ ow w, e• Projected Monthly Volume of Leased Water Needed in Gallons: 5 et Tc\ to l"lo. 11 - THESE THESE FIGURES ARE X ACTUAL DIVERSIONS OR CONSUMPTIVE USE ONLY (Actual diversions must be used unless contractee has an augmentation plan) Jan.38,448 Feb. '1P9°3 Mar. 6z,a33 Apr. 90, log May la.7,o73 June.154,443 July 151, DOy Aug. lyo 43a Sept.t6sa43 Oct. 7s918 Nov.sl,4al Dec.3gAnnual Total Gallons t,ogy, 083 Acre Feet 3.33 Maximum Instantaneous Demand 7. z gpm (zob % c v.., +�•-• gVevye �e�•a��l� Number of Constructed Units 0 Number of Vacant Lots 3 D. OTHER REMARKS A Date 5-o27-06 App cant Applicant s • 141111Nillp COLORADO RIVER ENGINEERING, INC. P.O. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 Janet Maddock Administrative Assistant West Divide Water Conservancy District 109 West 4th St. Rifle, CO. 81650 August 29, 2000 Via Hand Delivery RE: Water Contract Application — A.A. Lawson Dear Janet: On behalf of A.A. Lawson, Colorado River Engineering, Inc. is pleased to submit the following application for a water contract with the West Divide Water Conservancy District. Enclosed, in duplicate, please find the required information for the contract water. • APPLICATION AND DATA FORM TO LEASE WATER FROM THE WEST DIVIDE WATER CONSERVANCY DISTRICT. • THE WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT LEASE • Appendix A, Description of Facilities • Appendix B, Property Legal Description • Table 1, Estimated Water Diversion and Consumptive Demands • Figure 1, Property General Location Map • Figure 2, General Location Map using WDWCD water structures map The contract water will be used for the development of three residential lots within the proposed Lawson Subdivision located south of Glenwood Springs. The development will include a small pond, designated as Prehm Pond No. 1, having an estimated capacity of approximately 4.5 acre-feet. The Prehm Pump and Pipeline and the Prehm Pond Feeder Ditch No. 1 will be used to fill the pond. The pond will be used for aesthetics, fishery, habitat, and fire protection. Prehm Well No. 1 will be the primary supply to the residential units. The residential supply will be comprised of in-house potable uses and a small amount of outside uses equivalent to the irrigation of 500 -sq. ft. per lot. bdivision The estimated annual water usage (actual diversions)forthe �n-houpe useosed , 0.09 acre-feet for be approximately 3.33 acre-feet which includes 1.18 acre-feet irrigation of 1,500 square feet of home gardens anndns, and r use demands. acre-feet for evaporation losses from the pond. Table No. 1 provides a summary the waThe subject property is located within Area "A" of the districts Roaring Fork River service area. The water source for the structures is Fourmile Creek. There are currently no water rights 1 • • between the proposed points of diversion and the confluence of Fourmile Creek and the Roaring Fork River. We understand that the water contract will be based on diversion amounts until such a time that either the District or Mr. Lawson develops an augmentation plan through the water courts. We are available at your convenience to address any questions or issues that might develop during your staffs review of the application packet. Please do not hesitate to call if you have any questions, (970) 625-4933. CM:cm Encl CC: Tony Lawson Patrick & Stowell Neiley & Alder Bob Jacobsen CACREofFice\proposals&resumesTdOls. doc Sincerely, Christopher Manera 2 Appendix A — Description of Facilities Prehm Well No. 1: • Source — Fourmile Creek. The well is located within 100 feet of Fourmile Creek and, consequently, the depletion of the creek due to pumping the well essentially is concurrent with well pumping. • Location — At a point in the SE1/4 of the NE1/4 of Section 34, Township 6 South, Range 89 West of the 6th Principal Meridian approximately 3,200 feet North of the South section line and 500 feet West of the East section line in Garfield County. • Diversion Rate — 25 gpm. • Uses — Domestic, fire protection, recreation, piscatorial, and lawn irrigation. Prehm Pump and Pipeline: • Source — Fourmile Creek. • Location — Its point of diversion located in the SE1/4 of the NE1/4 of Section 34, Township 6 South, Range 89 West of the 6th Principal Meridian approximately 3,110 feet North of the South section line and 530 feet West of the East section line in Garfield County. • Diversion Rate — 0.5 cfs. • Uses — Domestic, storage, fire protection, recreation, piscatorial, and lawn irrigation. Prehm Pond No.! Feeder Ditch: • Source — Fourmile Creek. • Location — Its point of diversion located in the SE 1/4 of the NE 1/4 of Section 34, Township 6 South, Range 89 West of the 6th Principal Meridian at a point whence the Northeast Corner of said Section 34 bears North 23° 17' East 3,228 feet in Garfield County. • Diversion Rate — 0.5 cfs. • Uses — Domestic, storage, fire protection, recreation, piscatorial, and fishery habitat. Prehm Pond No. 1: • Source — Fourmile Creek. • Location — At a point in the SE 1/4 of the NE 1 /4 of Section 34, Township 6 South, Range 89 West of the 6th Principal Meridian approximately 3,700 feet North of the South section line and 560 feet West of the East section line in Garfield County. • Filling Rate — 0.5 cfs. • Maximum Surface Area — 0.76 acres • Capacity — a) Active 4.5 acre-feet b) Dead 0.0 acre-feet c) Total 4.5 acre-feet • Uses — Domestic, storage, fire protection, recreation, piscatorial, and fishery habitat. • • Appendix B - Property Legal Description PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN THE SE1/4NE1/4, N1/2SE1/4 AND THE SE1/4SE1/4 OF SECTION 34 AND THE W1/2SW1/4 AND THE SW1/4NW1/4 OF SECTION 35, ALL IN TOWNSHIP 6 SOUTH, RANGE 89 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 34, AN ALUMINUM CAP, L.S. NO. 15710, FOUND IN PLACE, THE TRUE POINT OF BEGINNING; THENCE N 89'39'38" W ALONG THE SOUTHERLY LINE OF SAID SECTION 34 1337.51 FEET TO THE EAST -CENTER SIXTEENTH CORNER; THENCE LEAVING SAID SOUTHERLY LINE N 08'34'18" E ALONG THE WESTERLY LINE OF THE SE1/4SE1/4 1514.34 FEET TO THE SOUTHEAST SIXTEENTH CORNER; THENCE N 89'15'47" W ALONG THE SOUTHERLY LINE OF THE NW1/4SE1/4 1335.02 FEET TO THE SOUTH -CENTER SIXTEENTH CORNER; THENCE N 08'36'56" E ALONG THE WESTERLY LINE OF SAID NW1/4SE1/4 1523.86 FEET TO THE CENTER QUARTER CORNER; THENCE S 88'51'52" E ALONG THE NORTHERLY LINE OF SAID NW1/4SE1/4 1332.60 FEET TO THE EAST -CENTER SIXTEENTH CORNER; THENCE N 08'26'32" E ALONG THE WESTERLY LINE OF THE SE1/4NE1/4 129.07 FEET TO A POINT IN THE CENTERLINE OF GRISTY DITCH; THENCE THE FOLLOWING TWENTY FIVE (25) COURSES ALONG SAID DITCH: 1. N 77'18'11" E 25.75 FEET 2. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 105.12 FEET, A CENTRAL ANGLE OF 15'25'53" AND A DISTANCE OF 28.31 FEET (CHORD BEARS N 69'35'14" E 28.23 FEET) 3. N 61'52'17" E 9.07 FEET 4. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 23.25 FEET, A CENTRAL ANGLE OF 59'38'14" AND A DISTANCE OF 24.20 FEET (CHORD BEARS S 88'18'36" E 23.12 FEET) 5. S 58'29'29" E 3.22 FEET 6. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 8.69 FEET, A CENTRAL ANGLE OF 34'22'50" AND A DISTANCE OF 5.21 FEET (CHORD BEARS S 75'40'54" E 5.13 FEET) 7. N 87'07'41" E 6 .4 rrf- 8. ALONG THF AP( OF A COVE ;0 THE k."HT HAviNU A RADIUS OF 49.36 FEET, A LLNTRAL ANGLE OF 7'23'08" AND A OfStf�N�E OF X4.9 f��" (CHOR.D 9FA�5 .S 81.1`'IO `'451, i 4 . y1 r LE T ) .3 S 75-29 11" E 15.49 FEET 10. N 89'17'05" E 14.98 FEET 11. S 73'48'21" E 8.01 FEET 12. N 88'03'46" E 34.32 FEET 13. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 265.20 FEET, A CENTRAL ANGLE OF 18'36'58" AND A DISTANCE OF 86.17 FEET (CHORD BEARS S 82'37'44" E 85.79 FEET) 14. S 73'19'15" E 32.00 FEET 15. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 145.01 FEET, A CENTRAL ANGLE OF 34'14'17" AND A DISTANCE OF 86.65 FEET (CHORD BEARS N 89'33'36" E 85.37 FEET) 16. N 72'26'28" E 105.42 FEET 17. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 172.53 FEET, A CENTRAL ANGLE OF 13'11'49" AND A DISTANCE OF 39.74 FEET (CHORD BEARS N 79'02'22" E 39.65 FEET) 18. N 85'38'16" E 21.64 FEET 19. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 81.91 ,FEET, A CENTRAL ANGLE OF 17'47'33" AND A DISTANCE OF 25.44 FEET (CHORD BEARS N 76'44'30" E 25.34 FEET) 20. .N 67'50'43" E 50.47 FEET 21. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 72.72 FEET, A CENTRAL ANGLE OF 22'03'04" AND A DISTANCE OF 27.99 FEET (CHORD BEARS N 78'52'15" E 27.81 FEET) 22. N 89'53'47" E 56.23 FEET 23. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 25.05 FEET, A CENTRAL ANGLE OF 108'42'21" AND A DISTANCE OF 47.53 FEET (CHORD BEARS N 35'32'36' E 40.71 FEET) 24. N 18'48'34" W 25.38 FEET Appendix B— Property Legal Description PROPERTY DESCRIPTION 25. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 269.87 FEET, A CENTRAL ANGLE OF 25'24'46" AND A DISTANCE OF 119.70 FEET (CHORD BEARS N 06'06'11" W 118.72 FEET) TO A POINT ON THE WESTLRLY RIGHT -OW -WAY OF THE COLORADO MIDLAND RAILROAD; THENCE LEAVING SAID DITCH N 16'46'17" W ALONG SAID WESTERLY RIGHT-OF-WAY 819.27 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 4121.83 FEET, A CENTRAL ANGLE OF 03'43'44" AND A DISTANCE OF 268.83 FEET (CHORD BEARS N 18'38'09' W 268.20 FEET); THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 20'30'00' W 96.49 FEET TO A POINT ON THE NORTHERLY LINE OF THE SE1/4NE1/4 OF SAID SECTION 34; THENCE S 88'37'58" E ALONG THE NORTHERLY LINE OF SAID SE1/4NE1/4 1192.20 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTIONS 34 AND 35; THENCE S 08'36'55" W ALONG THE EASTERLY LINE OF SAID SE1/4NE1/4 858.59 FEET TO A POINT IN THE CENTERLINE OF THE ROARING FORK RIVER; THENCE LEAVING SAID EASTERLY LINE S 20'24'18" E ALONG SAID CENTERLINE 449.16 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 01'41'47" W 290.11 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 42'38'26' W 315.63 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 42'38'26" W 315.63 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE .ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 890.30 FEET, A CENTRAL ANGLE OF 10'02'34" AND A DISTANCE OF 156.05 FEET (CHORD BEARS S 37'37'09' W 155.85 FEET) TO A POINT ON THE EASTERLY LINE OFNE1/4SE1/4 OF SAID SECTION 34, THENCE LEAVING SAID CENTERLINE S 08'31'38" W ALONG SAID EASTERLY LINE 726.25 FEET TO A POINT IN THE CENTERLINE OF SAID ROARING FORK RIVER; THENCE LEAVING SAID EASTERLY ALONG SAID CENTERLINE ALONG THE ARC OF CURVE TO THE LEFT HAVING A RADIUS OF 890.03 FEET, A CENTRAL ANGLE OF 18'23'57" AND A DISTANCE OF 285.90 FEET (CHORD BEARS S 24'4.4'35" E 284.67 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 33'56'34" E 445.43 FEET TO THE NORTHWEST CORNER OF WESTBANK RANCH P.U.D. SUBDIVISION FILING 1; THENCE LEAVING SAID CENTERLINE S 01'54'32' W ALONG THE WESTERLY LINE OF SAID WESTBANK RANCH P.U.D. SUBDIVISION FILING 1 1209.41 FEET TO A POINT ON THE SOUTHERLY LINE OF SECTION 35; THENCE N 89'46'13" W ALONG SAID SOUTHERLY LINE 602.62 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 190.956 ACRES, MORE OR LESS. Table 1 Estimated Average Water Diversions and Consumptive Use Demands Lawson Subdivision - Garfield County, CO. 3 Lots ANNUAL JANI FEBI MAR APR MAYL JUNE JUL Auca1 aer OCT ryvv DEC DIVERSIONS Residential In-house ac -ft 0.100 0.090 0.100 0.097 0.100 0.097 0.100 0.100 0.097 0.011 0.100 0.097 0.100 1.176 Lawn irrigation ac -ft 0.000 0.000 0.000 0.004 0.017 0.021 0.020 0.013 0.004 0.000 0.000 0.091 Pond Evaporation ac -ft 0.018 0.034 0.091 0.179 0.273 0.357 0.368 0.318 0.215 0.129 0.061 0.020 2.062 Totals ac -ft 0.118 0.124 1.0 1 • • 1 ' 1 0.474 0.488 0.431 0.323 0.233 0.158 0.120 3.330 gpm 0.9 3.6 3.6 3.1 • 2.4 1.7 1.2 0.9 2.1 CONSUMPTIVE USE Residential In-house ac -ft 0.010 0.009 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.118 Lawn irrigation ac -ft 0.000 0.000 0.000 0.003 0.014 0.017 0.016 0.011 0.009 0.003 0.000 0.000 0.073 0.129 0.061 0.020 2.062 Pond Evaporation ac -ft 0.018 0.034 0.091 0.179 0.273 0.357 0.368 0.318 0.215 Totals ac -ft 0.028 0.043 0.101 0.192 0.297 0.383 0.394 0.338 0.234 0.142 0.071 0.030 2.253 gpm 0.2 0.3 0.7 1.4 2.2 2.9 2.9 2.5 1.8 1.0 0.5 0.2 1.4 SUMMARY OF INPUT DATA USED IN CALCULATING DEMANDS Residential # of Residences In-house Water use Consumptive In-house Irrgated Area Irrigation Efficiency Livestock units Pond Surface Area 3 350 galls/unit/day 10% of diversions 500 Sq. Ft./unit 80% 0 10 gal/day 0.76 acres 08/21/00 1 DEMANDS.123 o`1 '6085 CRD 163 1 0 +J644/ _I 11 otR,a :OII ;j r ,►r �/ If Prelim Ranch 11 1 (191± acres) I! '', 5 Prehm Well No. 1' Prehm Pond No. 1 Feeder Ditch. Grsty Di 14. 11 11 11 11 Prehm Pond No. 1 1314 595 h house 0 0%, • • ==ohm moiled Sprm ivridiand r' Railroad Grade 7 • AN Qir • • • r • • • • Jammaron Spring `, 5940 . Pipeline sib Ink -- 'Ranch PUD • • PO Box 1301 COLORADO Rifle, CO 81650 IVER Tel 970-625-4933 ENGINEERING Fax 970- 625-5464 CNH Engineering Water Rights, Augmentation Plans "Groundwater, Nb/ Permitting 'Hydrology, Rood Plain Anehals Canals, P Darns General Location Map Prehm Ranch Filo Name: 519/mapl.dw Job No: 519 Drawn byCM 1 Aprvd by: CM (Date: Aug -00 Tony Lawson Table No. 2 Prehm Ranch Subdivision Pump Test - Prehm Well No. 1 Date Time Water Level Total Drawdown Total Time Flow Note (feet) (in) (ft) (hrs:min:sec) (gpm) 21 -Aug -00 12:30 PM 18 1.5 0.00 0:00:00 Pump on 21 -Aug -00 12:31 PM 21 0.5 2.92 0:01:00 21 -Aug -00 12:32 PM 21 7.25 3.48 0:02:00 10 21 -Aug -00 12:35 PM 24 6.5 6.42 0:05:00 21 -Aug -00 12:38 PM 25 7.5 7.50 0:08:00 21 -Aug -00 12:42 PM 25 0.5 6.92 0:12:00 21 -Aug -00 12:45 PM 25 4.5 7.25 0:15:00 21 -Aug -00 12:50 PM 25 7.5 7.50 0:20:00 21 -Aug -00 1:01 PM 25 8.5 7.58 0:31:00 21 -Aug -00 1:13 PM 25 11.75 7.85 0:43:00 Water sample 21 -Aug -00 1:20 PM 25 11 7.79 0:50:00 15 21 -Aug -00 1:30 PM 26 2.25 8.06 1:00:00 21 -Aug -00 2:00 PM 26 2 8.04 1:30:00 21 -Aug -00 2:32 PM 26 3.5 8.17 2:02:00 21 -Aug -00 3:00 PM 26 4.5 8.25 2:30:00 21 -Aug -00 3:30 PM 26 5 8.29 3:00:00 21 -Aug -00 4:00 PM 26 5.5 8.33 3:30:00 21 -Aug -00 4:30 PM 26 6.5 8.42 4:00:00 21 -Aug -00 5:00 PM 26 6.5 8.42 4:30:00 15 22 -Aug -00 7:15 AM 27 0.75 8.94 18:45:00 15 22 -Aug -00 12:05 PM 27 2.5 9.08 23:35:00 15 22-A4-00 12:28 PM 27 2.5 9.08 23:58:00 Pump off 22 -Aug -00 12:29 PM 22 10.5 4.75 23:59:00 22 -Aug -00 12:30 PM 22 1 3.96 24:00:00 22 -Aug -00 12:31 PM 21 8.25 3.56 24:01:00 22 -Aug -00 12:32 PM 21 4.5 3.25 24:02:00 22 -Aug -00 12:33 PM 21 1 2.96 24:03:00 22-Au9-00 12:34 PM 20 11 2.79 24:04:00 22 -Aug -00 12:36 PM 20 7 2.46 24:06:00 22 -Aug -00 12:39 PM 20 5 2.29 24:09:00 22 -Aug -00 12:43 PM 20 1.5 2.00 24:13:00 22 -Aug -00 12:48 PM 19 11.25 1.81 24:18:00 22 -Aug -00 12:58 PM 19 8 1.54 24:28:00 22 -Aug -00 1:10 PM 19 5.75 1.35 24:40:00 22 -Aug -00 1:28 PM 19 4 1.21 24:58:00 22 -Aug -00 4:18 PM 18 11.375 0.82 27:48:00 23 -Aug -00 10:19 AM 18 9 0.63 45:49:00 30 -Aug -00 1:30 PM 18 1.5 0.00 217:00:00 9/6/00 2:50 PM Colorado River Engineering, Inc. pumptest I :+ i i (970) 625 -4933 iAPPROVAL fEGWS31.91_0? I ?.' Lt_ LOCATION AS DRILLED: SF 1 r4 NE 114 Sc.e34 Twp. 065 Range 89W i 1,11tZTANI(1.FS FROM SEC. LINES: it ft. from Sa-- _ nP_ an ft..ram Sec. line OR s 1 pp //�� 1 1 SUBDIVISION . di i r A rrre-c•r. AT lata I 1 LOCA ON 1 ! vaL2ME k I /lllurkcoa mi rra-r.r. v ...... . r.CE ELEVATION: ft 61 li I NI; MF T HOD Air Rotary 41 F�i•ClltltVU SlJr�rr�Vc ct_cvnrfvfv �_ _I.__ i t ,-._ ¢,n, ETED ni117ffy 4 f. i f tart1L...A.frIr1f_i.: ::: [�FFi�'tCEis 1 GEOLO iG C i'OiG . 1 5_ HOLE Q1AM. (in) j FROM int 1 TO On 1 i Ij ! 3iaa t ! Type of Material (3ize, Lisboa, arta Typo) i 9.0 I f1 1 45 1 1 i I ,.e teica L N■ T 1 UF+i�si� R kin "FE- T Iwo s urur E OF COLORADO, OFFICE OF THE STATE ENGIN -is—ELL PERM.T NUMBER MH -38737 Li ' Owner Names) : Ed Prehm s Tony Lawson i mAi-ng Arirtte5s % Colo River Enci. 144 E 3rd St. ":34 t St. LIN •• - Rifle, ro 1;t1 A� I Y. WR OFFICE USE ONLY T OI f1A1! FILING(UNIT) Li! f [ -030i Ronlyz, Rift 100.4.143 1 La! slValS I T PLAIN CASING ; 1 f145-047 1 teole Valley formation i r . r LAIN CAST .v I I _1 t7D (inl I I(inl! 1 I ail S ie 1 I-101�1 (ft 1 Tas (a� iiI i F 1 I• 1 33 e S - — i _i 7 [) Steel 0.240 I .1 I o0 — 1 } 1 i d i 1 i i i 1 1 PERF CAS Nfv :Screen Snot Si r? : 11i d Steel i n 240 i 33 45 i I I 7.0 Si i 1 I teel 4 1 1 I r I r I I 1 __! - -- i d d. i I8.Filter P d 1 9 Par irar 01ae-Prnfgnt 1 ivieter tai . 1 T yi13 . 1 Ii llanrtr' i vicrP_ I efATFr1 • 30-45 t Size - i Interval - i i I Interval . I 1 I REMARKS } i r,.. a._lrrnTfn>gi T., s - HTH i 19. ftiVFLL TEST DATA : [ 1 Check Box If Test n. to in RI ihrnitterl. tin Supplemental Form. I hST(N[G ME [HOD " Air vvfTfpr e ssso 9 r : ttti[Level 17 iiv ,av/me Me -I Iran 08/17 000 06117 f200C1 110: GROLJ'1 AVIS RECORD : Matertal I tier to it Rrsl^f:nt r hannity Intlent& asks 10-2() Plaoornent 1 pourea Pumping Level erks �y +_.....1 :tt a the efsv nm tn.e to my knOriktlot. wi°fisfial+e io a�ff _ . ... x.... - _ 4tesa reed the statements macs rf�rin enu'afvw u+r wr....++.. �............ __. _._, _ _ � � rte- �w i +aii.r t-Rv. e:a eeYiay. In the set anO WO,* Pt -INTRA( : 1 OR Shetthr1 ilrtrill g Coat -i. n fin 1r? 4 Rasalt C Lir}, I Fete n A rnn 1 Signaturs ri _�— -�1- 1 06/2 /00 • 1 vivi 1 L. Data/Time Measured : Amt i Iced _ 2 oz. Production rote i e i Length 15+ ggpm. 2 krq ! q e /Title (Ple2sR Type or Print? Preset etrit : ; Pho e cc 9'27-4162 (`,J' f Vt 1 -i5 JOHN C. AOHART&CO. RAVI J LA 04AT0 435 NORTH AVENUE • PHONE 242-761e • GRAND JUNCTION, COLORADO e/oo1 ANALYTICAL REPORT Recieved fromColorado River Engineering Chris Manera PO Box 1301 Rifle, CO 81650 (970)625-4933, FAX 625-4564 4482 bldg. materials Customer No. Laboratory No. Sample Date Received 8/22/00 Date Reported 9/6/00 Sample 4482 Drinking Water sample Limit Total Coliform Bacteria 0 colonies/1O0ml sample must be 0 Nitrate(N) 0.81 mg/1 10 Nitrite(N) 0.00 mg/1 (<0.01) 1 Director: B. Bauer • gpitny:4;;„. ;:•;.,A1 *7' \97-• , ; . . • ••••• • ••••,—..,„i :, .,,....--‘,'-'_ .....;•._•:--:-. " ',: , ' ..*....,., . • - •• . - ... .., Prehm Ranch Water Rights f.). , . •-• **. * ; • - I .:•••• • EE tr14,E DITCH. , '• 24 • ;+. • 182i .682- • ' • .• . . r 1 5640 ' • G PO Box 1301 COLORADO Rifle, CO 81650 IVER Tel 970-625-4933 NINNuip ENGINEERING Fax 970- 625-5464 Civil Engineering Wat'etR n Plana a Groundwater, Well PertriNng •d6, Rood Ptak Analysis Canakt, Pipelines, Dents • Prelim Ranch Job # 519 8/22/00 Irl'gk..10;e14‘: • ' - REVISED 7/29/99 i Contract #000906AAL(a) Map #354 Date Activated 09/06/00 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT/LEASE Name of Applicant: A A. A. L AWSOr Quantity of Water in Acre Feet: 3.3 3 Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-101, et seq., (hereinafter referred to as the 'District") for an allotment contract/lease to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this contract/lease and the attached application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity. Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability ofwater from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all ofthe terms and conditions ofthis contract/lease. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this contract/lease shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location ofBeneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: municipal, domestic and related uses, or commercial (except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 1 • • 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir and Green Mountain Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to 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 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. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not 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 greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources 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. 5. Alternate Point ofDiveision and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective ofthe amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this contract/lease. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract/lease Payment Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. 2 • • Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this contract/lease or application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this contract/lease without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment contract/lease with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any 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 and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This contract/lease shall inure to the benefit of the heirs, successors or assigns of the parties hereto. Any assignment ofthe Applicant's rights under this contract/lease shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of contract/lease rights and the assumption of contract/lease obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts/leases. No assignment shall be recognized by the District except upon completion and filing of proper forms for change of ownership. Upon the sale of the real property to which this contract/lease pertains, Applicant has a duty to make buyer aware of this contract/lease and proper forms for change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations ofthe Board ofDirectors ofthe District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole disc tion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change ofUse: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract/lease. 3 • • 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the , documents submitted to the District at the time this contract/lease is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the Contract/Lease amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of up to 6,000 square feet of lawn and garden. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering at a horse boarding facility, provided that in no event shall actual diversions exceed the amount of water provided by this Contract/Lease. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract/Lease. 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 District is obligated to deliver any water hereunder. 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 the terms ofthis contract/lease. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. 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. Representations: By executing this contract/lease, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources 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 contract/lease. 4 • • Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Aunnentation Plan: Should the District, in its own discretion, choose to include Applicant's contract/lease herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees/lessees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's contract/lease in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees/lessees. 20. Binding Agreement This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application and Data Form to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT/LEASE. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS/LEASES: IF APPLICANTS WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT/LEASE IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANTS WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT, THIS CONTRACT/LEASE MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT/LEASE IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT/LEASE SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. 7/oo Applicant Applicant 5 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this 7 day of — (,( (t Lf S 1 , Zp QC%y r Phe,— 'SY1 ft Y1 e . Witness my hand and official seal. My commission expires: ! c� 1_) D 3 ORDER Ma Ad 0 ck_ After a hearing by the Board of Directors of the West Divide Water Conservancy District on the application, it is hereby ORDERED that said application be granted and this contract/lease shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT BY f ATTEST: Presiden l�S Secretary Date this contract/lease: This contract/lease includes and is subject to the terms and conditions of the following documents which must accompany 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. 6 Table 1 Estimated Average Water Diversions and Consumptive Use Demands Prehm Ranch Subdivision - Garfield County, CO. 3 Lot Domestic Supply & Pond Evaporation Replacement JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL DIVERSIONS Residential In-house ac -ft 0.100 0.090 0.100 0.097 0.100 0.097 0.100 0.100 0.097 0.100 0.097 0.100 1.176 Lawn irrigation ac -ft 0.000 0.000 0.000 0.004 0.017 0.021 0.020 0.013 0.011 0.004 0.000 0.000 0.091 Pond Evaporation ac -ft 0.018 0.034 0.091 0.179 0.273 0.357 0.368 0.318 0.215 0.129 0.061 0.020 2.062 Totals ac -ft 0.118 0.124 0.191 0.279 0.390 0.474 0.488 0.431 0.323 0.233 0.158 0.120 3.330 gpm 0.9 1.0 1.4 2.1 2.8 3.6 3.6 3.1 2.4 1.7 1.2 0.9 2.1 CONSUMPTIVE USE Residential In-house ac -ft 0.010 0.009 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.118 Lawn irrigation ac -ft 0.000 0.000 0.000 0.003 0.014 0.017 0.016 0.011 0.009 0.003 0.000 0.000 0.073 Pond Evaporation ac -ft 0.018 0.034 0.091 0.179 0.273 0.357 0.368 0.318 0.215 0.129 0.061 0.020 2.062 Totals ac -ft 0.028 0.043 0.101 0.192 0.297 0.383 0.394 0.338 0.234 0.142 0.071 0.030 2.253 gpm 0.2 0.3 0.7 1.4 2.2 2.9 2.9 2.5 1.8 1.0 0.5 0.2 1.4 SUMMARY OF INPUT DATA USED IN CALCULATING DEMANDS Residential # of Residences In-house Water use Consumptive In-house Irrgated Area Irrigation Efficiency Livestock units Pond Surface Area 350 galls/unit/day 10% of diversions 500 Sq. Ft./unit 80% 0 10 gal/day 0.76 acres Unit Consumptive Use Demands Pond Evaporation Irrigation JAN 0.02 FEBI MAR APR 0.04 0.12 0.24 MAY 0.38 JUN JUL AUG SEP 0.47 0.49 0.42 0.28 0.09 0.40 0.49 0.47 0.31 0.26 OCT 0.17 0.10 NOV 0.08 DEC ANNUAL 0.03 2.72 2.12 09/06/00 1 DEMANDS.123 COLORADO RIVER ENGINEERING, INC. RECEIVED APR 1 7 2001 P.O. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 April 16, 2001 Mr. Mark Bean Garfield County Building & Planning Department 109 8th St., Suite 303 Glenwood Springs, CO 81601-3303 RE: Prehm Ranch Exemption - Water Supply Dear Mark: Colorado River Engineering, Inc. has completed a water supply review for the proposed subdivision exemption of Prehm Ranch. A reliable water supply exists for the project given the existing legal supply, physical availability, and water quality test results. We have prepared a brief summary of the water supply components. Background The Prehm Ranch consists of about 191 acres located in Sections 34 & 35, Township 6 South, Range 89 West of the 6th P.M. Garfield County, Colorado as illustrated on the attached Figure 1. The majority of the property consists of elevated benches located along the western banks of the Roaring Fork River. The property also encompasses Fourmile Creek at its confluence with the Roaring Fork River. The Prehm Ranch has historically been utilized for ranching operations. Mr. Edward Prehm has indicated that his family has operated the ranch for about 70 years. The exempt subdivision will create three new residential lots of 4+ acres each. The water supply components for the three new lots include; (1) Domestic supply to be provided by individual wells, (2) Raw water irrigation supply provided by the senior direct flow rights diverting from Fourmile Creek, and (3) Storage in a pond for piscatorial, fishery habitat, and fire protection uses. The remainder of the ranch will continue to utilize senior irrigation rights out of Fourmile Creek for pasture irrigation. Water Rights Water rights historically utilized at the Prehm Ranch are summarized in the following Table: Water Right Name Amount — cfs'/ (cubic ft. per sec.) Use Court Case No. Appropriation Date Adjudication Date Gristy Ditch 0.50 Irrigation 1036,W-92 4/01/1886 4/28/1903 Smart & Green Ditch 0.90 Irrigation 1515 4/24/1909 7/21/1911 Prehm Spring No.1 0.033 abs. (0.5 cond.) Domestic, Fire, irrg, livestock W-1891 5/15/1930 5/18/1973 12/31/1973 12/31/1973 1/ One cubic feet per second = 448 glllons per minute 1 The above water rights divert from or are tributary to Fourmile Creek. These rights are the last structures located on Fourmile Creek before its confluence with the Roaring Fork River. The Smart & Green Ditch has historically irrigated lands on the South side of the creek and will be unaffected by the subdivision. The Gristy Ditch has irrigated lands on the north side of the creek. The water rights will be governed by the subdivisions Homeowners Association and will be utilized to irrigate the same lands as have historically been irrigated. Prehm Spring No.1 has historically provided the domestic water supply to the Prehm ranch house. The spring is not part of the water supply for the three 4+ acre exemption lots and will remain available for use on the remaining 179± acre parcel. Water rights for the three domestic wells and pond are covered under a water contract with the West Divide Water Conservancy District (attached). These structures are located within "Area A" of the district service area and operate under a temporary substitute supply plan approved by the Colorado Division of Water Resources. The water contract covers each well, pond, and pond feeder ditch (as shown in Figure 1). Garfield County recognizes a water contract covered under a temporary substitute supply plan as sufficient proof of legal supply for exemption applications. Each domestic well has been issued a well permit form the Colorado Division of water Resources pursuant to the terms and conditions in the water contract. Physical Availability The irrigation ditch rights have historically provided a full supply of water to the Prehm Ranch and will provide a reliable supply in the future. Each lot shall be supplied domestic and irrigation water supply from an individual well. Each well has been permitted, drilled, and pump tested to assess water availability and quality. The results of these tests show that each well will provide a reliable water supply. Attached are report summaries for each of the three wells. Please do not hesitate to call if you have any questions, (970) 625-4933. CM:cm Encl CC: Tony Lawson (via fax) Peter Belau Rick Neiley Bob Jacobson C:\CREjobfiles\519-Primm Ranch\PumpTestReport\Beanl .doc Sincerely, Christopher Manera, P.E. 2 WEST DIVIDE WATER CONSERVANCY DISTRICT 109 WEST FOURTH STREET P. O. BOX 1478 RIFLE, COLORADO 81650-1478 TELEPHONE AND FAX: (970) 625-5461 wdwcd prifle.net January 2, 2001 Marlin (Colorado), Ltd. c/o Christopher Manera Colorado River Engineering, Inc. P. O. Box 1301 Rifle, CO 81650 Ladies and Gentlemen: Enclosed is your approved amended contract # 000906AAL(b), assigning the original contract under the name of A.A. Lawson to Marlin (Colorado), Ltd., and amending the usage from 3.33 of to 7.55 af. Sincerely yours, 1 %,01-&_&()C �(L— (-Janet Maddock Administrative Assistant Enclosure cc The State Division of Water Resources w/enclosure Division No. 5 Water Resources w/enclosure Kerry D. Sundeen, Hydrologist w/enclosure Directors: Kelly Couey Samuel B. Potter Williams M. Zilm LaVerne Starbuck Robert J. Zanella Revised 2/16/00 Contract #000906AAL(b) Map #354 Date Activated 09/06/00 APPLICATION AND DATA FORM TO AMEND WATER ALLOTMENT CONTRACT WITH ,y WEST DIVIDE WATER CONSERVANCY DISTRICT .orfiaci. wow A. A. LFwso % CONTRACT # cl C L AAL (a) AMENDED FROM 3 x 3 3 A.F. TO 7, 3 S A.F. APPLICANT �/ Name Mc rt;r (rt:o(Lr�'tc40) , )_ td, Mailing Address PO Ro)( 1301 ale. J (si 4sf I SO Authorized Agent or Representative C h r ,; f o s het' M etre r it. ceicr::Llc R,vW En .leefiny .Zi B. WATER RIGHT OWNED BY APPLICANT OR BEING APPLIED FOR Name of Right See. A e,n . a A Type of Structure or Right w i , Qc;, i) n Location of Point of Diversion (description from decree or permit) 5 ee Aft:; r,;1; ix1} F Telephone 9 7 C/ C S- Water Court Case No. ti/A Well Permit No. N/4 (Attach copy of permit) C. INTENDED USE OF LEASED WATER Location of Area of Use (Include metes and bounds legal description of property on which water right is to be used. Maybe attached as Exhibit) A f rvi di k Total acreage of above -referenced parcel / y 0 (o Address of above -referenced property c / c C. k ( l 3 G ( en w:;nl./ ; ��5 �', S 9 601 Description of Use pcm�shc, to(:. i^�:� Pr0f-e'}-i, recr ctJ'u;'\ tat ial ei IVA 1 a bur rrj )41 }-i Estimated Sq. Ft. of Lawn and Garden to be Irrigated Method of Irrigation: Flood Sprinlder X Drip Other Total Number of Dwelling Units 3 Number of Constructed Units a Number of Vacant Lots 3 Potable Water System LILL Waste -Water Treatment System ,S, 4, j {"c.(11 A e (� Type of meter or measuring device To ;.,1,) l /0 ,,0 iodee Projected Monthly Volume of Leased Water Needed in Gallons: THESE FIGURES ARE X ACTUAL DIVERSIONS OR CONSUMPTIVE USE ONLY (Actual diversions must be used unless contractee has an augmentation plan) Jan. %10, 0 7 3 Feb. '13,4/ Mar. 7/, n Apr. ►5e 7/0 May 3 7 tt oil June. `/5'0 3 July Its % / Aug3y.s,cc;7 Sept.�cti,74,� Oct. /yy ct Nov.;7,667 Dec.1/, 74 Annual Total Gallons y,13s Acre Feet ; S5 Maximum Instantaneous Demand '9S gpm (e.Gch w,; it n v } l ' X cera I S , v D. OTHER REMARKS 4, abu ti -Cor ct u, e0.3 CA c) I- I- 0 1 JJ IA- G -o0 Date applied Det_I..)cc€ Date approved 6eve- /-t-r.1 WEST DIVIDE WATER CONSERVANCY Applicant DISTRICT Applicant 1-e)2A President / Appendix A — Description of Facilities Prehm Lot No. 1 Well: • Source — Roaring Fork River. • Location — At a point in the SE1/4 of the NE1/4 of Section 34, Township 6 South, Range 89 West of the 6th Principal Meridian at a point where the Northeast corner of said Section Bears N28°50'6"E a distance of 2039' • Diversion Rate — 15 gpm. • Uses — Domestic, recreation, piscatorial, and lawn irrigation. Prehm Lot No. 2 Well: • Source — Roaring Fork River. • Location — At a point in the SE1/4 of the NE1/4 of Section 34, Township 6 South, Range 89 West of the 6th Principal Meridian at a point where the Northeast corner of said Section Bears N21°11'30"E a distance of 2248' • Diversion Rate — 15 gpm. • Uses — Domestic, recreation, piscatorial, and lawn irrigation Prehm Lot No. 3 Well: • Source — Roaring Fork River. • Location — At a point in the SE1/4 of the NE1/4 of Section 34, Township 6 South, Range 89 West of the 6th Principal Meridian at a point where the Northeast corner of said Section Bears N15° 15' 14"E a distance of 2486' • Diversion Rate — 15 gpm. • Uses — Domestic, recreation, piscatorial, and lawn irrigation Prehm Pond No.1 Feeder Ditch: • Source — Fourmile Creek. Carried through the Gristy Ditch • Location — At a point in the SW1/4 of the NE1/4 of Section 34, Township 6 South, Range 89 West of the 6th Principal Meridian at a point whence the Northeast Corner of said Section 34 bears North 34° 26'46" East a distance of 3,381 feet. • Diversion Rate — 0.5 cfs. • Uses — Storage, fire protection, recreation, piscatorial, fishery and wildlife habitat. Prehm Pond No. 1: • Source — Fourmile Creek. • Location — At a point in the SE1/4 of the NE1/4 of Section 34, Township 6 South, Range 89 West of the 6th Principal Meridian approximately 3,700 feet North of the South section line and 560 feet West of the East section line in Garfield County. • Filling Rate — 0.5 cfs. • Maximum Surface Area —1.0 acres • Capacity — a) Active 4.5 acre-feet b) Dead 0.0 acre-feet c) Total 4.5 acre-feet • Uses — Storage, fire protection, recreation, piscatorial, fishery and wildlife habitat. ,4 PO Box 1301COLORADO Rifle, CO 81650 �REVER Tel 970-625-4933970-625-5464 ENGINEERING CM! Engineeringiivater Rights, Augmentation Piens Flood Plain Pennitting ''Hydrology,AAnalysis iCanels, Pipelines, DENIS General Location Map Prehm Ranch File Name: 519/mapl.dwg Job No: 519 Drawn by:CM 1 Aprvd brat Date: 9/1100 Mot A.A. Lawson Table 1 Estimated Average Water Diversions and Consumptive Use Demands Prehm Ranch Subdivision - Garfield County, CO. 3 Lot Domestic Supply & Pond Evaporation Replacement JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL DIVERSIONS Residential In-house ac -ft 0.100 0.090 0.100 0.097 0.100 0.097 0.100 0.100 0.097 0.100 0.097 0.100 1.176 Lawn irrigation ac -ft 0.000 0.000 0.000 0.155 0.689 0.844 0.809 0.534 0.448 0.172 0.000 0.000 3.650 Pond Evaporation ac -ft 0.023 0.045 0.121 0.236 0.360 0.471 0.486 0.419 0.284 0.170 0.081 0.027 2.722 Totals ac -ft 0.123 0.135 0.220 0.488 1.149 1.411 1.395 1.053 0.828 0.442 0.177 0.127 7.549 gpm 0.9 1.1 1.6 3.7 8.4 10.6 10.2 7.7 6.2 3.2 1.3 0.9 4.7 CONSUMPTIVE USE Residential In-house ac -ft 0.010 0.009 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.010 0.118 Lawn irrigation ac -ft 0.000 0.000 0.000 0.124 0.551 0.675 0.647 0.427 0.358 0.138 0.000 0.000 2.920 Pond Evaporation -.ac-ft 0.023 0.045 0.121 0.236 0.360 0.471 0.486 0.419 0.284 0.170 0.081 0.027 2.722 1 Totals ac -ft 0.033 0.054 0.130 0.370 0.921 1.155 1.143 0.856 0.652 0.317 0.090 0.037 5.760 gpm 0.2 0.4 1.0 2.8 6.7 8.7 8.3 6.2 4.9 2.3 0.7 0.3 3.6 SUMMARY OF INPUT DATA USED IN CALCULATING DEMANDS Residential # of Residences In-house Water use 350 galls/unit/day Consumptive In-house 10% of diversions Irrigated Area 20000 Sq. Ft./unit Irrigation Efficiency 80% Livestock units 0 10 gal/day Pond Surface Area 1.00 acres 3 Unit Consumptive Use Demands JAN I FEB Pond Evaporation ft 0.02 0.04 Irrigation ft MAR APR 0.12 024 0.09 MAY 0.36 0.40 JUN 0.47 0.49 JUL 0.49 0.47 AUG 0.42 0.31 SEP OCT 0.28 0.17 NOV DEC 0.08 0.03 ANNUAL 2.72 0.26 0.10 2.12 11/29/00 1 DEMANDS.123 Appendix B- Property Legal Description PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN THE SE1/4NE1/4, N1/2SE1/4 AND THE SE1/4SE1/4 OF SECTION 34 AND THE W1/2SW1/4 AND THE SW1/4NW1/4 OF SECTION 35, ALL IN TOWNSHIP 6 SOUTH, RANGE 89 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 34, AN ALUMINUM CAP, L.S. NO. 15710, FOUND IN PLACE, THE TRUE POINT OF BEGINNING; THENCE N 89'39'38" W ALONG THE SOUTHERLY LINE OF SAID SECTION 34 1337.51 FEET TO THE EAST -CENTER SIXTEENTH CORNER; THENCE LEAVING SAID SOUTHERLY LINE N 08'34'18" E ALONG THE WESTERLY LINE OF THE SE1/4SE1/4 1514.34 FEET TO THE SOUTHEAST SIXTEENTH CORNER; THENCE N 89'15'47" W ALONG THE SOUTHERLY LINE OF THE NW1/4SE1/4 1335.02 FEET TO THE SOUTH -CENTER SIXTEENTH CORNER; THENCE N 08'36'56" E ALONG THE WESTERLY LINE OF SAID NW1/4SE1/4 1523.86 FEET TO THE CENTER QUARTER CORNER; THENCE S 88'51'52" E ALONG THE NORTHERLY LINE OF SAID NW1/4SE1/4 1332.60 FEET TO THE EAST -CENTER SIXTEENTH CORNER; THENCE N 08'26'32" E ALONG THE WESTERLY LINE OF THE SE1/4NE1/4 129.07 FEET TO A POINT IN THE CENTERLINE OF GRISTY DITCH; THENCE THE FOLLOWING TWENTY FIVE (25) COURSES ALONG SAID DITCH: 1. N 77'18'11" E 25.75 FEET 2. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 105.12 FEET, A CENTRAL ANGLE OF 15'25'53" AND A DISTANCE OF 28.31 FEET (CHORD BEARS N 69'35'14" E 28.23 FEET) 3. N 61'52'17" E 9.07 FEET 4. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 23.25 FEET, A CENTRAL ANGLE OF 59'38'14" AND A DISTANCE OF 24.20 FEET (CHORD BEARS S 88'18'36" E 23.12 FEET) 5. S 58'29'29" E 3.22 FEET 6. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 8.69 FEET, A CENTRAL ANGLE OF 34'22'50" AND A DISTANCE OF 5.21 FEET (CHORD BEARS S 75'40'54" E 5.13 FEET) 7. N 87'07'41" E 6 34 rrE- 8. ALONG THF AP( OF F CURVE 10 THE r<.vriT HAviNG A RADIUS OF 49.36 FELT, A CENTRAL ANGLE OF 17'23'OS" AND A DIST/W.6 OF 14.96 RA'' CNo�O 9E'AILS .S 8Nc'id';15i a 14.91 r tE T ) $ 75'29'11" E 15.49 FEET 10. N 89'17'05" E 14.98 FEET 11. S 73'48'21" E 8.01 FEET 12. N 88'03'46" E 34.32 FEET 13. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 265.20 FEET, A CENTRAL ANGLE OF 18'36'58" AND A DISTANCE OF 86.17 FEET (CHORD BEARS S 82'37'44" E 85.79 FEET) 14. S 73'19'15" E 32.00 FEET 15. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 145.01 FEET, A CENTRAL ANGLE OF 34'14'17" AND A DISTANCE OF 86.65 FEET (CHORD BEARS N 89'33'36" E 85.37 FEET) 16. N 72'26'28" E 105.42 FEET 17. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 172.53 FEET, A CENTRAL ANGLE OF 13'11'49" AND A DISTANCE OF 39.74 FEET (CHORD BEARS N 79'02'22" E 39.65 FEET) 18. N 85'38'16" E 21.64 FEET 19. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 81.91 ,FEET, A CENTRAL ANGLE OF 17'47'33" AND A DISTANCE OF 25.44 FEET (CHORD BEARS N 76'44'30" E 25.34 FEET) 20. •N 67'50'43" E 50.47 FEET 21. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 72.72 FEET, A CENTRAL ANGLE OF 22'03'04" AND A DISTANCE OF 27.99 FEET (CHORD BEARS N 78'52'15" E 27.81 FEET) 22. N 89'53'47" E 56.23 FEET 23. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 25.05 FEET, A CENTRAL ANGLE OF 108'42'21" AND A DISTANCE OF 47.53 FEET (CHORD BEARS N 35'32'36' E 40.71 FEET) 24. N 18'48'34" W 25.38 FEET Appendix B — Property Legal Description PROPERTY DESCRIPTION 25. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 269.87 FEET, A CENTRAL ANGLE OF 25'24'46" AND A DISTANCE OF 119.70 FEET '(CHORD BEARS N 06'06'11" W 118.72 FEET) TO A POINT ON THE WESTERLY RIGHT -OW -WAY OF THE COLORADO MIDLAND RAILROAD; THENCE LEAVING SAID DITCH N 16'46'17" W ALONG SAID WESTERLY RIGHT-OF-WAY 819.27 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 4121.83 FEET, A CENTRAL ANGLE OF 03'43'44" AND A DISTANCE OF 268.83 FEET (CHORD BEARS N 18'38'09' W 268.20 FEET); THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY N 20'30'00' W 96.49 FEET TO A POINT ON THE NORTHERLY LINE OF THE SE1/4NE1/4 OF SAID SECTION 34; THENCE S 88'•37'58".E ALONG THE NORTHERLY LINE OF SAID SE1/4NE1/4 1192.20 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTIONS 34 AND,35; THENCE S 08'36'55" W ALONG THE EASTERLY LINE OF SAID SE1/4NE1/4 858.59 FEET TO A POINT IN THE CENTERLINE OF THE ROARING FORK RIVER; THENCE LEAVING SAID EASTERLY LINE S 20'24'18" E ALONG SAID CENTERLINE 449.16 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 01'41'47" W 290.11 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 42'38'26' W 315.63 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 42'38'26" W 315.63 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 890.30 FEET. A CENTRAL ANGLE OF 10'02'34" AND A DISTANCE OF 156.05 FEET (CHORD BEARS S 37'37'09' W 155.85 FEET) TO A POINT ON THE EASTERLY LINE OFNE1/4SE1/4 OF SAID SECTION 34; THENCE LEAVING SAID CENTERLINE S 08'31'38" W ALONG SAID EASTERLY LINE 726.25 FEET TO :A POINT IN THE CENTERLINE OF SAID ROARING FORK RIVER; THENCE LEAVING SAID EASTERLY ALONG SAID CENTERLINE ALONG THE ARC OF CURVE TO THE LEFT HAVING A RADIUS OF 890.03 FEET, A CENTRAL ANGLE OF 18'23'57" AND A DISTANCE OF 285.90 FEET (CHORD BEARS S 24'4.4'35" E 284.67 FEET); THENCE CONTINUING ALONG SAID CENTERLINE S 33'56'34" E 445.43 FEET TO THE NORTHWEST CORNER OF WESTBANK RANCH P.U.D. SUBDIVISION FILING 1; THENCE LEAVING SAID CENTERLINE S 01'54'32' W ALONG THE WESTERLY LINE OF SAID WESTBANK RANCH P.U.D. SUBDIVISION FILING 1 1209.41 FEET TO A POINT ON THE SOUTHERLY LINE OF SECTION 35; THENCE N 89'46'13" W ALONG SAID SOUTHERLY LINE 602.62 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 190.956 ACRES, MORE OR LESS. 11111;mip COLORADO RIVER ENGINEERING, INC. P.O. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 DOMESTIC WATER SUPPLY REPORT PREHM RANCH - LOT 1 WELL The well permit number for the Lot 1 Well issued by the Colorado Division of Water Resources is 54873-F (attached). Operation of this well is pursuant to the West Divide Water Conservancy water contract #906AAL(b) that operates under the District's substitute water supply plan approved by the Colorado Division of water Resources. The Lot 1 Well was constructed on March 21, 2001 by Shelton Drilling Company. The well was drilled through materials consisting of volcanic rock, cobbles, and gravels to a total depth of 120 feet. The static water level (as measured during the four-hour pump test) is at a depth of 15.75 feet below the top of the well casing. The available drawdown of the water bearing material is approximately 104.25 feet (120'-15.75'). On April 2, 2001, Samuelson Pumping Company performed a four-hour pump test on the Lot 1 Well. Attached is a summary of the pump test results, including graphs of the Drawdown/Recovery Curve and the Residual Recovery. After four hours of pumping at 15 gpm, the water level in the well was drawn down 11.17 feet or approximately 10.7 percent of the saturated thickness of the well (100 x (11.17 / 104.25)). Within one hour after cessation of the pump test, the water level in the well recovered to 0.21 feet below its initial "pre -pumping" water level or 98 percent. Based on the results of the pump test, the reliable yield of the well exceeds 15 gpm. The well is proposed to serve one residence with an allotment for 20,000 square feet of landscaped irrigation. The in-house water demands are estimated at 350 gallons per day. The unit irrigation demand is 2.12 -feet per year and assumes an application efficiency of 80%. Monthly water demands are summarized on the attached Table 1. The peak water demand occurs in June of each year and will average about 2.4 gpm. The well yield exceeds the water demands and will provide an adequate water supply. 1 Results of the water quality analysis performed by Grand Junction Laboratories are presented below: • Nitrate 0.99 mg/I • Nitrite 0.00 mg/I • Dissolved Solids 517 mg/1 • Total Coliform Bacteria zero The water quality tests for bacteria, and nitrates/nitrites meet the Colorado Department of Health guidelines. The total dissolved solids are above the 500-mg/1 recommended level. Dissolved solids are a secondary standard established by the health department and reflect aesthetic qualities of the water supply. The dissolved solids do not pose any health risks and the amount detected is representative of other groundwater supplies in this area of the state. Prepared by: pit/L, E -06/d Christopher anera, P.E 2 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCE$ 818 Centennial Bldg , 1313 Sherman St . Denver. Colorado 80203 (303) 866-3581 fi095 WELL PERMIT NUMBER 54873 - F DIV. 5 WD 38 DES. BASIN MD Lot 1 Block: "Elting. Subdiv PREHM RANCH EXEMPTION MARLIN (COLORADO) LTD C/O COLORADO RIVER ENGINEERING PO BOX 1301 RIFLE, CO 81650- (970) 625-4933 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NE 1/4 Section 34 Township 6 S Range 89 W Sixth P.M. DISTANCES FROM SECTION LINES 4100 Ft. from South 600 Ft. from East Section Line Section Line UTM COORDINATES Northing: Easting: 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 assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested waver right from seeking relief in a civil court action. 2) The construction of 'his 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 Well Construction and Pump Installation Contractors in accordc',.•e with Rule 18. 3) 1: pproved pursuant to CR. 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate poiiit of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #000906-AAL(b). This well is identified as Prehm Ranch, lot no. 1 Well. 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 20,000 square feet (0.46 of an acre) of home gardens and lawns. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.61 acre-foot (524,618 gallons). 7) 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. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of ail diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. APPROVED DMW Receipt No. 9500401 e State Engineer DATE ISSUED FEB1 0 2U111 e EXPIRATION DATE C b 1 0 2002 04/05/2001 07:39 9706254564 MANERA Arx- b -U1 T1iU 7:27 AM SHELTON DRILLING CO FAX NO. 9709273801 affitELL CONSTRUCTION AND TEST REPORT S 'TE OF COLORADO, OFFICE OF THE STATE ENGINEER t PERMIT NUMBER 054873-F er Name(s) ailing Address : 1` done Zip = Marlin (Colorado) LTD % Colo. River Eng. P.O. Box 1301 Rifle, Co. 81650 970) 625-4933 PAGE 01 P. 1 FOR OFFICE USE ONLY APPROVAL 0 0W331-91-03 NE 1/4 NE QII; C'ANCES FROM SEC. LINES: 4100 ft. from South Sec. line. and SBDMSION : Prehm Ranch Exemption TREET ADDRESS AT WELL LOCATION : UND SURFACE ELEVATION 'DTE COMPLETED 03/21/01 1/4 Sec. 34 Nip- 06S Range 89W 600 ft. from East Sec. line. OR LOT 1 BLOCK FILING(UNIT) ft. DRILLING METHOD Air Rotary TOTAL DEPTH 120 ft. DEPTH COMPLETED ;.:GEOLOGIC LOG : Type of Materiel (Size, Color, end Type) 18 Volcanic Rocks, Dirt 120 Volcanic Rocks Cobbles Gravels 6. HOLE DAM. (in) 9.0 6.5 5. 7. PLAIN CASING F"a0M (ft) 0 40 110 ft. TO (ft) 112 40 112 120 PERF. CA ING : Screen Slot Size 1'TER LOCATED : 70+ 5.5 PVC .250 70 112 fitter ac Materiel: Size : Interval : 8. Packer Piacemem Type Depth : 10. GROUTING RECORD : Mat•rbil Mount cement 5 sks Danslty Intervel plan.tt.M 16 gat 10-40 poured r 3DISINFECTION : Type : HTH ME :L TEST DATA : (j Check Box If Test Data is Submitted On Supplemental Form. ;'TESTING METHOD : Air Compressor ; .'' tlilti0 Level : 15 ft. Date/Time Measured : 3/21/01 Pumping Level : Total ft. Date/Time Measured : 3/21/01 :},rrnerks : 1. ,..d Pi. s*Wn e.ran.M knowth. oantenb j !1�and b nsdtekf a.. 1 ++Iod.me.sa�.) : Shelton Dri ling Corp. an • Address : P.O. Box 1059 Basalt CO. / Title (Please Type or Print) Shelton / President aMy ore IMO my • WiQ., ( Amt. Used : 3 oz. Production Rate : Test Length 10 gpm 2 hrs. welt to = .cbw, 2,41-1-04 ii*P a tS, fro m gw a tiles almrn.nta aoroliut.. MAut1 Phone : (970) 927-4182 No. 1095 Date 03/21/01 ORIGINAL Prehm Ranch Subdivision Pump Test - Prehm Well No. 1 Date Time Water Level Total Drawdown (feet) Total Time (hrs:min:sec) Flow (gpm) Notes (feet) (in) 2 -Apr -01 10:50 AM 15 9 0.00 0:00:00 15 Pump on 2 -Apr -01 10:51 AM 21 0.75 5.31 0:01:00 15 2 -Apr -01 10:52 AM 22 1.75 6.40 0:02:00 15 2 -Apr -01 10:53 AM 24 8.75 8.98 0:03:00 15 2 -Apr -01 10:54 AM 25 4 9.58 0:04:00 15 2 -Apr -01 10:55 AM 25 7.75 9.90 0:05:00 15 2 -Apr -01 10:56 AM 25 9.5 10.04 0:06:00 15 2 -Apr -01 10:58 AM 25 11 10.17 0:08:00 15 2 -Apr -01 11:00 AM 26 0.5 10.29 0:10:00 15 2 -Apr -01 11:02 AM 26 1 10.33 0:12:00 15 2 -Apr -01 11:05 AM 26 1.5 10.38 0:15:00 15 2 -Apr -01 11:10 AM 26 2.5 10.46 0:20:00 15 2 -Apr -01 11:20 AM 26 3.75 10.56 0:30:00 15 2 -Apr -01 11:30 AM 26 4.25 10.60 0:40:00 15 2 -Apr -01 11:40 AM 26 6.5 10.79 0:50:00 15 2 -Apr -01 11:50 AM 26 7.75 10.90 1:00:00 15 2 -Apr -01 12:20 PM 26 8.25 10.94 1:30:00 15 2 -Apr -01 12:50 PM 26 10 11.08 2:00:00 15 2 -Apr -01 1:50 PM 26 10 11.08 3:00:00 15 2 -Apr -01 2:50 PM 26 11 11.17 4:00:00 15 Pump off 2 -Apr -01 2:51 PM 20 4.75 4.65 4:01:00 2 -Apr -01 2:52 PM 18 0 2.25 4:02:00 2 -Apr -01 2:53 PM 17 0 1.25 4:03:00 2 -Apr -01 2:54 PM 16 4.5 0.63 4:04:00 2 -Apr -01 2:55 PM 16 2.5 0.46 4:05:00 2 -Apr -01 2:56 PM 16 2 0.42 4:06:00 2 -Apr -01 2:58 PM 16 1 0.33 4:08:00 2 -Apr -01 3:00 PM 16 0.75 0.31 4:10:00 2 -Apr -01 3:02 PM 16 0.5 0.29 4:12:00 2 -Apr -01 3:05 PM 16 0.5 0.29 4:15:00 2 -Apr -01 3:10 PM 16 0.25 0.27 4:20:00 2 -Apr -01 3:20 PM 16 0 0.25 4:30:00 2 -Apr -01 3:30 PM 15 11.75 0.23 4:40:00 2 -Apr -01 3:40 PM 15 11.5 0.21 4:50:00 2 -Apr -01 3:50 PM 15 11.5 0.21 5:00:00 4/16/01 Colorado River Engineering, Inc. pumptestl .xis Dawdown - feet Prehm Well No. 1 Pump Test - Drawdown Recovery Curve Time - Hours 0:00:00 1:12:00 2:24:00 3:36:00 4:48:00 6:00:00 0.00 ♦-•j - - 2.00 4.00 6.00 8.00 10.00 12.00 1.00 0.00 0.50 1.00 1.50 15 m 2.00 u. 2.50 8 3.00 3.50 4.00 4.50 5.00 Prehm Well No. 1 - Residual Recovery t/t' =Time ofstart of pump test/Time of recovery test 10.00 100.00 1000.00 Table 1 Estimated Average Water Diversions and Consumptive Use Demands Prehm Ranch Subdivision - Garfield County, CO. Requirements for Single Exemption Lot SUMMARY OF INPUT DATA # of Residences In-house Water use Consumptive In-house use Irrigated Area Irrigation Efficiency 1 350 galls/unit/day 10% of diversions 20000 Sq. Ft./unit 80% Unit Consumptive Use Demands JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECD ANNUAL DIVERSIONS Irrigation ft 0.09 0.40 0.49 0.47 0.31 0.26_ 0.10_ Residential In-house ac -ft 0.033 0.030 0.033 0.032 0.033 0.032 0.033 0.033 0.032 0.033 0.032 0.033 0.392 Lawn irrigation ac -ft 0.000 0.000 0.000 0.052 0.230 0.281 0.270 0.178 0.149 0.057 0.000 0.000 1.217 Totals ac -ft 0.033 0.030 0.033 0.084 0.263 0.313 0.303 0.211 0.181 0.091 0.032 0.033 1.609 gpm 0.2 0.2 0.2 0.6 1.9 2.4 2.2 1.5 1.4 0.7 0.2 0.2 1.0 CONSUMPTIVE USE Residential In-house ac -ft 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.039 Lawn irrigation ac -ft 0.000 0.000 0.000 0.041 0.184 0.225 0.216 0.142 0.119 0.046 0.000 0.000 0.973 Totals ac -ft 0.003 0.003 0.003 0.045 0.187 0.228 0.219 0.146 0.123 0.049 0.003 0.003 1.013 gpm 0.0 0.0 0.0 0.3 1.4 1.7 1.6 1.1 0.9 0.4 0.0 0.0 0.6 SUMMARY OF INPUT DATA # of Residences In-house Water use Consumptive In-house use Irrigated Area Irrigation Efficiency 1 350 galls/unit/day 10% of diversions 20000 Sq. Ft./unit 80% Unit Consumptive Use Demands JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL Irrigation ft 0.09 0.40 0.49 0.47 0.31 0.26_ 0.10_ 2.12 4/6/01 Page 1 of 1 Demand.xis G A JOHN C. KEPHART & CO' ID 11 VI ~ - \ [A] — A -f 4IH 435 NORTH AVENUE . PHONE: (970) 242-7618 • FAX: (970) 243-7235 • GRAND JUNCTION, COLORADO 81501 Received from: — ANALYTICAL REPORT — Colorado River Engineering Chris Manera PO Box 1301 (970) 625-4564 FAX; (970)625-4933 phone Rifle, CO 81650 6244 water Customer No. Laboratory No. Sample 4/3/01 4/13/01 Date Received Date Reported Lab number 6244 Limits for Drinking Sample ID Prehm Well #1 Raw Colo. Dept. Health 4/2/01 Suggested Nitrate(N) 0.99 mg/1 10 mg/1 Nitrite(N) 0.00 moll 1 mg/l Total Dissolved Solids 517 mg/1 500 mg/l Total Coliform Bacteria 0 colonies/100m1 must be zero Lab Dir.: Brian S. Bauer COLORADO ,N411111.11411.RIVER ENGINEERING, INC. P.O. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 DOMESTIC WATER SUPPLY REPORT PREHM RANCH - LOT 2 WELL The well permit number for the Lot 2 Well issued by the Colorado Division of Water Resources is 54874-F (attached). Operation of this well is pursuant to the West Divide Water Conservancy water contract #906AAL(b) that operates under the District's substitute water supply plan approved by the Colorado Division of water Resources. The Lot 2 Well was constructed on March 1, 2001 by Shelton Drilling Company. The well was drilled to bedrock (Eagle Valley Formation) to a total depth of 111 feet. The static water level (as measured during the four-hour pump test) is at a depth of 26.75 feet below the top of the well casing. The available drawdown of the water bearing material is approximately 84.25 feet (111'-26.75'). On March 15, 2001, Samuelson Pumping Company performed a four-hour pump test on the Lot 2 Well. Attached is a summary of the pump test results, including graphs of the Drawdown/Recovery Curve and the Residual Recovery. After four hours of pumping at 12 gpm, the water level in the well was drawn down 14.58 feet or approximately 17.3 percent of the saturated thickness of the well (100 x (14.58 / 84.25)). Within one hour after cessation of the pump test, the water level in the well recovered to 8.75 feet below its initial "pre -pumping" water level. A water level measurement made on April 4, 2001 showed the water level had recovered to its original static water level. Based on the results of the pump test, the reliable yield of the well exceeds 12 gpm. The well is proposed to serve one residence with an allotment for 20,000 square feet of landscaped irrigation. The in-house water demands are estimated at 350 gallons per day. The unit irrigation demand is 2.12 -feet per year and assumes an application efficiency of 80%. Monthly water demands are summarized on the attached Table 1. The peak water demand occurs 1 in June of each year and will average about 2.4 gpm. The well yield exceeds the water demands and will provide an adequate water supply. The Lot 3 Well is located approximately 55 -feet from the Lot 2 Well. The Lot 2 Well was observed to drawdown about 3 -feet during a pump test conducted for the Lot 3 Well. The observed drawdown indicates that the wells share the same source of supply. The results also indicate that the close proximity of the two wells will not impair the ability to provide a reliable supply to each residence. Results of the water quality analysis performed by Grand Junction Laboratories are presented below: • Nitrate 0.28 mg/1 • Nitrite 0.00 mg/l • Dissolved Solids 619 mg/1 • Total Coliform Bacteria zero The water quality tests for bacteria, and nitrates/nitrites meet the Colorado Department of Health guidelines. The total dissolved solids are above the 500-mg/1 recommended level. Dissolved solids are a secondary standard established by the health department and reflect aesthetic qualities of the water supply. The dissolved solids do not pose any health risk and the amount detected is representative of other groundwater supplies in this area of the state. Prepared by: /14, Christopher Manera, P.E 2 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCESCre i::. '" , U -U 818CentenniaBldg, 1313ShermanStDenverColorado 802034+¢ (303)866-3581 1095 WELL PERMIT NUMBER 54874 - F DIV. 5 WD 38 DES. BASIN MD Lot: 2 Block MARLIN (COLORADO) LTD 0/0 COLORADO RIVER ENGINEERING PO BOX 1301 RIFLE, CO 81650- (970) 625-4933 PERMIT TO CONSTRUCT A WELL Filing: Subdiv PREHM RANCH EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NE 1/4 Section 34 Township 6 S Range 89 W Sixth P.M. DISTANCES FROM SECTION LINES 3850 Ft. from South 440 Ft. from East Section Line Section Line UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This wet shall be used in such a way as to cause no material injury to existing water rights. The issuance of this 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 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 18. 3) Approved pursuant to CRS 37-90-137(2) for the constru:o.,r, of a wet, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #000906-AAL(b). This well is identified as Prehm Ranch, lot no. 2 Well. 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 20,000 square feet (0.46 of an acre) of home gardens and lawns. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.61 acre-foot (524,618 gallons). 7) 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. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this wet 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. .2, APPROVED DMW Receipt No. 9500402 .1104141. DATE ISSUED r t 1 0 2EJU1 By State Engineer r- r- r, EXPIRATION DATE 04/05/2001 7:3S0 9706254564 APR- 5-01 TRU 7:28 AM SHELTON DRILLING CO L. CONSTRUCTION AND TEST REPORT t OF COLORADO, OFFICE OF THE STATE ENGINEER MANERA FAX NO. 9709273801 PAGE 02 P. 2 17\ PERMIT NUMBER 054874-F Name(s) Marlin (Colorado) LTD fling Address : % Coto. River Eng. P.O. Box 1301 St. Zip : Rine, Co. 81850 • 0ne 970 625-4933 FOR OFFICE USE ONLY APPROVAL diVVS31-91-03 _LOCATION DRUM, SE 114 NE 1/4 Sec. ibtTANCES FROM SEC. LINES: . 3850 ft. from South Sec. line. and •:*.j8DIVISiON : Prehm Ranch Exemption EET ADDRESS AT WELL LOCATION : DUN SURFACE ELEVATION TE COMPLETED 03/01/01 34 Twp. 06S Range 89W 440 ft- from East Sec. line. OR LOT 2 BLOCK FILING(UNIT) —1DRILLINMEThOD Air Rotary TOTAL DEPTH 111 ft. DEPTH COMPLETED 103 ft. POLOGIC LOG 6, HOLE DIAM. (in) Type at Material (Size, Ootor, and Type) 16 1 Volcanic Rocks, Dirt 11 Ea le Valle Formation 8.5 FROM (ft) 0 40 TO (ft) A-4-0 5. 7. PLAIN CASING OD (w) 7.0 103 103 111 Kind Wall Size Steel 0.24 From (ft) -1 To (ft) 40 ..ffitATER LOCATED : MARKS : • 50+ 5.5 Steel .168 33 53 5.5 Steel .188 83 103 PERE. CA 1NG : Screen Slot Size : 5.5 Steel .188 53 83 8. Filter Pack 9. Packer lacement Material Type Size : Depth : interval : 10. GROUTING RECORD : MOW* cement Amount DonfaIN 5 sks 16 al Irrterrei 10-40 Pkowniord poured k01$INFECTION : Type: HTH LL 'TEST DATA :11 Check Box If Test Data is Submitted On Supplemental Form. ..A.T.ESTING METHOD : Air Compressor Level : 38 ft. Date/Time Measured : 3/1/01 umpin Level : Total ft Data/Time Measured : 3/1/01 arks ham itsaamanea aln a contarraMoir) arta *Mmleiratif I! 12 P MAI.; bin niT6 Corp. Address : P.O. Box 1059 Basalt CO. 8 are tug.• DIY la, riunnt 8110 Amt. Used: 3 oz. Production Rate : Test Length : 104 (1 15 gpm 2 hrs. Clza, no 41 Palma st4temer4s con41144•4 Phone : (970) 927-4182 Lic. No, 1095 Date 03119/01 ORIGINAL Prehm Ranch Subdivision Pump Test - Prehm Well No. 2 Date Time Water Level Total Drawdown (feet) Total Time (hrs:min:sec) Flow (gpm) Notes Well No. 3 Water Level (feet) (in) 15 -Mar -01 10:50 AM 26 9 0.00 0:00:00 15 Pump On 22' - 5.5" 15 -Mar -01 10:51 AM 27 7 0.83 0:01:00 15 -Mar -01 10:52 AM 28 0 1.25 0:02:00 15 -Mar -01 10:53 AM 28 4 1.58 0:03:00 15 -Mar -01 10:54 AM 28 7.5 1.88 0:04:00 15 -Mar -01 10:55 AM 28 10.5 2.13 0:05:00 15 -Mar -01 10:56 AM 29 2 2.42 0:06:00 15 -Mar -01 10:58 AM 29 7 2.83 0:08:00 22" - 5.5" 15 -Mar -01 11:00 AM 30 2.5 3 46 0:10:00 12 15 -Mar -01 11:02 AM 30 7.5 3 88 0:12:00 15 -Mar -01 11:05 AM 31 2 4.42 0:15:00 15 -Mar -01 11:10 AM 31 10 5.08 0:20:00 15 -Mar -01 11:20 AM 33 2.5 6.46 0:30:00 22' - 5.5" 15 -Mar -01 11:30 AM 34 0 7.25 0:40:00 15 -Mar -01 11:40 AM 35 1.5 8.38 0:50:00 15 -Mar -01 11:50 AM 36 2 9.42 1:00:00 22' - 7.5" 15 -Mar -01 12:20 PM 38 0 11.25 1:30:00 12 24' - 5" 15 -Mar -01 12:50 PM 39 7.5 12.88 2:00:00 12 25' - 3" 15 -Mar -01 1:50 PM 41 2 14.42 3:00:00 12 26' - 4" 15 -Mar -01 2:50 PM 41 4 14.58 4:00:00 12 Pump Off 27' - 1" 15 -Mar -01 2:51 PM 41 0 14.25 4:01:00 15 -Mar -01 2:52 PM 40 8.5 13.96 4:02:00 15 -Mar -01 2:53 PM 40 6 13.75 4:03:00 15 -Mar -01 2:54 PM 40 3 13.50 4:04:00 15 -Mar -01 2:55 PM 40 0 13.25 4:05:00 15 -Mar -01 2:56 PM 39 11 13.17 4:06:00 15 -Mar -01 2:58 PM 39 10 13.08 4:08:00 27' - 1" 15 -Mar -01 3:00 PM 39 7 12.83 4:10:00 15 -Mar -01 3:02 PM 39 4 12.58 4:12:00 15 -Mar -01 3:05 PM 38 11 12.17 4:15:00 15 -Mar -01 3:10 PM 38 6 11.75 4:20:00 15 -Mar -01 3:20 PM 37 6 10.75 4:30:00 26' - 11" 15 -Mar -01 3:30 PM 36 10 10.08 4:40:00 15 -Mar -01 3:50 PM 35 6 8.75 5:00:00 26' - 6" 4 -Apr -01 3:00 PM 26 7.25 -0.15 484:10:00 26'-2.8" 4/16/01 Colorado River Engineering, Inc. pumptest2.xls 4.00 6.00 12.00 14.00 16.00 Prehm We$I No. 2 Pump Test - Drawdown Recovery Curve Time - Hours 1:12:00 2:24:00 3:36:00 4:48:00 6:00:00 Drawdown - Feet -2.00 Prehm Well No. t/t' =Time ofstart 2 - Residual Recovery of pump test/Time of recovery test 1 0.00 2.00 4.00 6.00 8.00 10.00 12.00 14.00 16.00 0 10.00 100.00 1 oob. oo Table 1 Estimated Average Water Diversions and Consumptive Use Demands Prehm Ranch Subdivision - Garfield County, CO. Requirements for Single Exemption Lot SUMMARY OF INPUT DATA # of Residences In-house Water use Consumptive In-house use Irrigated Area Irrigation Efficiency 1 350 galls/unit/day 10% of diversions 20000 Sq. Ft./unit 80% Unit Consumptive Use Demands JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL DIVERSIONS Irrigation ft 0.09 0.40 0.49 0.47 0.31 0.26 0.10 Residential In-house ac -ft 0.033 0.030 0.033 0.032 0.033 0.032 0.033 0.033 0.032 0.033 0.032 0.033 0.392 Lawn irrigation ac -ft 0.000 0.000 0.000 0.052 0.230 0.281 0.270 0.178 0.149 0.057 0.000 0.000 1.217 Totals ac -ft 0.033 0.030 0.033 0.084 0.263 0.313 0.303 0.211 0.181 0.091 0.032 0.033 1.609 gpm 0.2 0.2 0.2 0.6 1.9 2.4 2.2 1.5 1.4 0.7 0.2 0.2 1.0 CONSUMPTIVE USE Residential In-house ac -ft 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.039 Lawn irrigation ac -ft 0.000 0.000 0.000 0.041 0.184 0.225 0.216 0.142 0.119 0.046 0.000 0.000 0.973 Totals ac -ft 0.003 0.003 0.003 0.045 0.187 0.228 0.219 0.146 0.123 0.049 0.003 0.003 1.013 gpm 0.0 0.0 0.0 0.3 1.4 1.7 1.6 1.1 0.9 0.4 0.0 0.0 0.6 SUMMARY OF INPUT DATA # of Residences In-house Water use Consumptive In-house use Irrigated Area Irrigation Efficiency 1 350 galls/unit/day 10% of diversions 20000 Sq. Ft./unit 80% Unit Consumptive Use Demands JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL Irrigation ft 0.09 0.40 0.49 0.47 0.31 0.26 0.10 2.12 4/6/01 Page 1 of 1 Demand.xls JOHN C. KEPHART & CO GRAND JUNCTION LAfi0RATfiJES 435 NORTH AVENUE • PHONE: (970) 242-7618 • FAX (970) 243-7235 • GRAND JUNCTION, COLORADO 81501 Received from: — ANALYTICAL REPORT — Colorado River Engineering PO Box 1301 Rifle, CO 01650 Chris Manera FAX (970) 625-4933 6090 water Customer No. Laboratory No. Sample Date Received Lab number Sample ID 3/16/01 4/2/01 Date Reported 6090 Frehm Ranch, Wel l q, Limits for Drinking Colo. Dept. Health Suggested NitratetN> 0.20 mg/1 10 mg/1 NitriteUN> 0.00 mg/1 1 mg/1 Dissolved Solids 619 mg/1 500 mg/1 Total Coliform Bacteria 0 colonies/100m1 must be zero Lab Dir.: Brian S. Bauer 300 1 021: �NNop COLORADO NumpRIVER ENGINEERING, INC. P.O. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 DOMESTIC WATER SUPPLY REPORT PREHM RANCH - LOT 3 WELL The well permit number for the Lot 3 Well issued by the Colorado Division of Water Resources is 54875-F (attached). Operation of this well is pursuant to the West Divide Water Conservancy water contract #906AAL(b) that operates under the District's substitute water supply plan approved by the Colorado Division of water Resources. The Lot 3 Well was constructed on March 5, 2001 by Shelton Drilling Company. The well was drilled through materials consisting of volcanic rock, cobbles, and gravels to a total depth of 120 feet. The static water level (as measured during the four-hour pump test) is at a depth of 24.06 feet below the top of the well casing. The available drawdown of the water bearing material is approximately 95.94 feet (120'-24.06'). On March 19, 2001, Samuelson Pumping Company performed a four-hour pump test on the Lot 3 Well. Attached is a summary of the pump test results, including graphs of the Drawdown/Recovery Curve and the Residual Recovery. After four hours of pumping at 10 gpm, the water level in the well was drawn down 38.67 feet or approximately 40.3 percent of the saturated thickness of the well (100 x (38.67/ 95.94)). Within one hour after cessation of the pump test, the water level in the well recovered to 8.3 feet below its initial "pre -pumping" water level. Based on the results of the pump test, the reliable yield of the well exceeds 10 gpm. A water level measurement made on April 4, 2001 showed the water level had recovered to about 2 -feet from the start of the pump test. This well was the only well out of four wells drilled and pump tested on the property that did not recover to its pre pumping conditions. We believe that the well encountered a perched lens of water bearing material that once drained it did not refill. The recovery tests on the wells at the property indicate that the aquifer is recharging and the "mining" of groundwater is not occurring. 1 The well is proposed to serve one residence with an allotment for 20,000 square feet of landscaped irrigation. The in-house water demands are estimated at 350 gallons per day. The unit irrigation demand is 2.12 -feet per year and assumes an application efficiency of 80%. Monthly water demands are summarized on the attached Table 1. The peak water demand occurs in June of each year and will average about 2.4 gpm. The well yield exceeds the water demands and will provide an adequate water supply. The Lot 2 Well is located approximately 55 -feet from the Lot 3 Well. The Lot 3 Well was observed to drawdown about 4 -feet during a pump test conducted for the Lot 2 Well. The observed drawdown indicates that the wells share the same source of supply. The results also indicate that the close proximity of the two wells will not impair the ability to provide a reliable supply to each residence. Results of the water quality analysis performed by Grand Junction Laboratories are presented below: • Nitrate 0.19 mg/1 • Nitrite 0.00 mg/1 • Dissolved Solids 515 mg/1 • Total Coliform Bacteria zero The water quality tests for bacteria, and nitrates/nitrites meet the Colorado Department of Health guidelines. The total dissolved solids are above the 500-mg/1 recommended level. Dissolved solids are a secondary standard established by the health department and reflect aesthetic qualities of the water supply. The dissolved solids do not pose any health risk and the amount detected is representative of other groundwater supplies in this area of the state. Prepared by: Christopher Manera, P.E 2 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOUR Ept.6 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 g ,¢ (303) 866-3581 ; 1095 WELL PERMIT NUMBER 54875 -F DIV. 5 WD 38 DES. BASIN MD Lot: 3 Block MARLIN (COLORADO) LTD 0/0 COLORADO RIVER ENGINEERING PO BOX 1301 RIFLE, CO 81650- (970) 625-4933 PERMIT TO CONSTRUCT A WELL Filing Subdiv: PREHM RANCH EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NE 1/4 Section 34 Township 6 S Range 89 W Sixth P.M. DISTANCES FROM SECTION LINES 3530 Ft. from South 250 Ft. from East Section Line Section Line UTM COORDINATES Northing: Easting: 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 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 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 18. pursuant to CRS 37-9-137(2) for the con tr.:i-i"-ir of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well.shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #000906-AAL(b). This well is identified as Prehm Ranch, lot no. 3 well. 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 20,000 square feet (0.46 of an acre) of home gardens and lawns. All use of this well wit be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.61 acre-foot (524,618 gallons). 7) 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. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) 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. APPROVED DMW Receipt No.9500403 CP Z-1 ref BEXPIRATION DATE r J 1 0 2002 State Engineer � n DATE ISSUEDFEB 1 0 2001 04/05/2001 07:39 9706254564 MANERA Arlt- -ul iau 1:ill AM JItI!.TU1' U1tiLL1!`1G GU FAX NO. 9709273801 PAGE 03 P. 3 2 ' ` LL CONSTRUCTION AND TEST REPORT m, E OF COLORADO, OFFICE OF THE STATE ENGINEER LL. PERMIT NUMBER 054875-F r Name(s) : Marlin (Colorado) LTD fling Address : % Colo. River Eng. P.O. Box 1301 ly, St. Zip : Rifle, Co. 81850 lhone (970) 625.4933 A. DRIL_..'' SE 1/4 ISTANCES FROM SEC. ONES: 3530 ft. from South Sec. line. and BD!V1SION : Prehm Ranch Exemption ET ADDRESS AT WELL LOCATION : ND SURFACE ELEVATION ;DAkTE COMPLETED 03/05/01 GEOLOGIC LOG l? FOR OFFICE USE ONLY APPROVAL.* GW831-91-03 NE 1/4 Set 34 Twp. 06S Range 89W 250 ft. from East Sec. line. OR LOT 3 BLOCK FILING(UNIT) ft. DRILLING METHOD Air Rotary TOTAL DEPTH 120 ft. DEPTH COMPLETED 120 ft 6. MOLE OIAM. (Un) FROM (ft) Type of Materia! (� zT e, Color, and TWiiiT 9.0 TO (ft) 0 1 9 1.20 Volcanic Rocks, Dirt 6.5 40 120 Volcanic Rocks Cobbles Grav®Is 7_ PLAIN CASING OD (In) 7,0 5.5 Kind WGA Size From (ft) To (ft) Steel 0.24 -1 40 Steel 0.188 37 85 0 TER LOCATED : 85+ MARKS : PERF, CASING: Screen Slot Size : { ttiNFECTION : Type : H11-1 *LI- TEST DATA : [ ] Check Box tf Test Data is Submitted On Supplemental Form. , .E6TlNG METHOD : Air Compressor ; .t.tatic Level : 35 ft. Date/Time Measured : 3/5/01 Limping Level : Total ft. Datealme Measured : 3/5/01 'i4,,.,.0 ma.Ks ;;,;.ti/ttelt,1e, e ,. me ro herein , �ton blqiini"giertrr ; IOW Address : P.O. Box 1059 Basalt C04. s' "'' flits (Please Type or Print) Sig !� rtii4 RhAiton ! President 5.5 Steel _188 85 120 8. Filter Peck Material: Size : Interval: 9, Pecker Placement Type : Depth : 10. oROUTIN RE ORD : Material Amount Denstpi letervsl Plan»m.ne cement 5 sks 16 gal 10-40 poured to my telleette Amt. Used : Production Rate : Test Length : OZ_ 10 gpm 2 hrs. ORE. tlr nu NI or this am=1! ixt eetrie pelt+ Phone (970) 927-4182 Li,. No. 1095 Date 03/19/01 ORIGINAL V Prehm Ranch Subdivision Pump Test - Prehm Well No. 3 Date Time Water Level Total Drawdown (feet) Total Time (hrs:min:sec) Flow (gpm) Notes Well No. 2 Water Level (feet) (in) 19 -Mar -01 11:40 AM 24 0.75 0.00 0:00:00 10 Pump On 26'-11.75" 19 -Mar -01 11:42 AM 34 8 10.60 0:02:00 10 19 -Mar -01 11:45 AM 42 1.5 18.06 0:05:00 10 19 -Mar -01 11:46 AM 48 8 24.60 0:06:00 10 19 -Mar -01 11:48 AM 49 9.5 25.73 0:08:00 10 19 -Mar -01 11:50 AM 54 11.5 30.90 0:10:00 10 27'-2" 19 -Mar -01 11:52 AM 56 3.5 32.23 0:12:00 10 19 -Mar -01 11:55 AM 58 10.5 34.81 0:15:00 10 27'-5.25" 19 -Mar -01 12:00 PM 62 6.25 38.46 0:20:00 10 19 -Mar -01 12:10 PM 65 5.5 41.40 0:30:00 10 19 -Mar -01 12:20 PM 66 0.5 41.98 0:40:00 10 19 -Mar -01 12:30 PM 66 2 42.10 0:50:00 10 29'-10" 19 -Mar -01 12:40 PM 63 2.5 39.15 1:00:00 10 19 -Mar -01 1:00 PM 64 10.25 40.79 1:20:00 10 19 -Mar -01 1:10 PM 63 4 39.27 1:30:00 10 30-1" 19 -Mar -01 1:40 PM 61 0 36.94 2:00:00 10 19 -Mar -01 2:10 PM 61 6.5 37.48 2:30:00 10 30-1" 19 -Mar -01 2:40 PM 61 11.5 37.90 3:00:00 10 19 -Mar -01 3:40 PM 62 8.75 38.67 4:00:00 10 Pump Off 19 -Mar -01 3:41 PM 58 8 34.60 4:01:00 19 -Mar -01 3:42 PM 55 10.25 31.79 4:02:00 19 -Mar -01 3:43 PM 52 10.25 28.79 4:03:00 19 -Mar -01 3:44 PM 51 0 26.94 4:04:00 19 -Mar -01 3:45 PM 48 7.25 24.54 4:05:00 19 -Mar -01 3:46 PM 46 0 21.94 4:06:00 19 -Mar -01 3:48 PM 42 5.25 18.38 4:08:00 19 -Mar -01 3:50 PM 39 9.25 15.71 4:10:00 19 -Mar -01 3:52 PM 37 2.5 13.15 4:12:00 19 -Mar -01 3:55 PM 35 10 11.77 4:15:00 19 -Mar -01 4:00 PM 34 11.5 10.90 4:20:00 19 -Mar -01 4:10 PM 34 0 9.94 4:30:00 19 -Mar -01 4:20 PM 33 4.75 9.33 4:40:00 19 -Mar -01 4:30 PM 32 10.25 8.79 4:50:00 19 -Mar -01 4:40 PM 32 4.75 8.33 5:00:00 4 -Apr -01 3:00 PM 26 2.75 2.17 387:20:00 26'-7.25" 4/16/01 Colorado River Engineering, Inc. pumptest3.xls Prehm Well No. 3 Pump Test - Drawdown Recovery Curve Time - Hours 0:00:00 1:12:00 2:24:00 3:36:00 4:48:00 6:00:00 0.00 4 5.00 10.00 15.00 46 d a) 20.00 0 izs 25.00 �v 0 30.00 35.00 40.00 45.00 1 Prehm Well No. 3 - Residual Recovery t/t' =Time ofstart of pump test/Time of recovery test 1.00 10.00 100.00 1000,00 0.00 5.00 10.00 i, 15.00 d d Mt 3 20.00 o3 CI 25.00 30.00 35.00 40.00 Table 1 Estimated Average Water Diversions and Consumptive Use Demands Prehm Ranch Subdivision - Garfield County, CO. Requirements for Single Exemption Lot SUMMARY OF INPUT DATA # of Residences In-house Water use Consumptive In-house use Irrigated Area Irrigation Efficiency 1 350 galls/unit/day 10% of diversions 20000 Sq. Ft./unit 80% Unit Consumptive Use Demands JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL DIVERSIONS ANNUAL Irrigation ft 0.09 0.40 0.49 0.47 0.31 0.26 0.10 Residential In-house ac -ft 0.033 0.030 0.033 0.032 0.033 0.032 0.033 0.033 0.032 0.033 0.032 0.033 0.392 Lawn irrigation ac -ft 0.000 0.000 0.000 0.052 0.230 0.281 0.270 0.178 0.149 0.057 0.000 0.000 1.217 Totals ac -ft 0.033 0.030 0.033 0.084 0.263 0.313 0.303 0.211 0.181 0.091 0.032 0.033 1.609 gpm 0.2 0.2 0.2 0.6 1.9 2.4 2.2 1.5 1.4 0.7 0.2 0.2 1.0 CONSUMPTIVE USE Residential In-house ac -ft 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.003 0.039 Lawn irrigation ac -ft 0.000 0.000 0.000 0.041 0.184 0.225 0.216 0.142 0.119 0.046 0.000 0.000 0.973 Totals ac -ft 0.003 0.003 0.003 0.045 0.187 0.228 0.219 0.146 0.123 0.049 0.003 0.003 1.013 gpm 0.0 0.0 0.0 0.3 1.4 1.7 1.6 1.1 0.9 0.4 0.0 0.0 0.6 SUMMARY OF INPUT DATA # of Residences In-house Water use Consumptive In-house use Irrigated Area Irrigation Efficiency 1 350 galls/unit/day 10% of diversions 20000 Sq. Ft./unit 80% Unit Consumptive Use Demands JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL Irrigation ft 0.09 0.40 0.49 0.47 0.31 0.26 0.10 2.12 4/6/01 Page 1 of 1 Demand.xls • • ENARTECH Inc. Consulting Engineers and Hydrologists _ September 12, 2000 Mr. Mark Bean Garfield County 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 AI/Aft, RECEIVED SEP 1 2 2000 f�4. RE: Prehm Ranch Property Subdivision Exemption Dear Mark: Please find enclosed two copies of the following information for a Subdivision Exemption Application for the Prehm Ranch Property: • Petition for Exemption • $300 Check for Review Fees • Sketch Plan Map of the Proposed Subdivision Exemption • Vicinity Map • Letter from Neiley and Alder dated September 8, 2000 Regarding Legal Ownership and Access • Names and Addresses of Land Owners within 200 feet, Mineral Owners and Lessees • Soil Types and Characteristics from the U.S. Soil Conservation Service "Soil Survey of Rifle Area, Colorado" • Water Supply Report from Colorado River Engineering, including Well Pump Test Results, Well Water Quality Analysis, Well Completion Report, and West Divide Water Conservancy District Water Allotment Contract/Lease • Fire Protection Plan and Approval Letter from the Glenwood Springs Fire Department • Prehm Ranch Owners Association Bylaws and Declaration of Covenants, Conditions and Restrictions The Prehm Ranch property is approximately 191 acres located at the south end of County Road 163, south of the Glenwood Springs Airport and north of Westbank. This subdivision exemption is being requested to create 3 lots that are 4 to 5 acres in size for future sale as residential building sites. Access to the ranch is from County Road 163 (Prehm Road). Access to the proposed lots is from the existing portion of Prehm Road that is located on the ranch property, as shown on the Sketch Plan. Actual driveway locations may vary. Access easements will be provided for all 302 Eighth Street, Suite 325 P.O. Drawer 160 Glenwood Springs, CO 81602 (970) 945-2236 Fax (970) 945-2977 www.enartech.com Mr. Mark Bean Page - 2 • • roadways, and all necessary utility easements will be provided. The homeowners will participate in an association to maintain the private access road. Water supply will be from a shared well; the location of the well is shown on the Sketch Plan. The enclosed report from Chris Manera of Colorado River Engineering indicates that the well has sufficient water of acceptable quality. Wastewater treatment and disposal will be with individual sewage disposal systems. Please give me a call if you have any questions or if you need additional information. Sincerely, ENAR1 ECH, INC. Peter Belau, P.E. PB/jlw Enclosure cc: Tony Lawson Bob Jacobson Rick Neiley Chris Manera E-mail: peterb@enartech.com P439-02 DOCS\PJB2000\439-02 Ltr M Bean 090500 • 1 ENARTECH Inc. Consulting Engineers and Hydrologists RECEIVED NOV 1 7 November 16, 2000 Mr. Mark Bean Garfield County 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Prehm Ranch Exemption Dear Mark: Adak The enclosed topographic map of the proposed Prehm Ranch Subdivision Exemption lots shows the 100 -year floodplain of the Roaring Fork River. The anticipated building sites are outside of the floodplain, and each lot includes more than 1 acre of relatively flat land outside of the floodplain. Please give me a call if you have any questions in this regard. Sincerely, ENARTECH, INC. Peter Belau, P.E. PB/jlw Enclosure cc: Tony Lawson Bob Jacobson Rick Neiley E-mail: peterb@enartech.com P439-02 DOCS \PJB2000\439-02 Ltr M Bean 111600 302 Eighth Street, Suite 325 P.O. Drawer 160 Glenwood Springs, CO 81602 (970) 945-2236 Fax (970) 945-2977 www.enartech.com 0 / ° 0 ii> - 0 3 o %- END OF COUNTY Nov -22-00 11:22A November 22, 2000 97C'145-2977 P.02 ENARTECH Inc. Consulting Engineers and Hydrologists Mr. Tom Russell Garfield County Road and Bridge Supervisor 902 Taughenbaugh Blvd. Suite 305 Rifle, CO 81650 RE: Prelim Ranch Subdivision Exemption Dear Mr. Russel: Allfik Enclosed is a copy of the Project Information and Staff Comments for the Prelim Ranch Subdivision Exemption hearing before the County Commissioners on November 27th. Regarding access (Item F.), i would like to verify that the following improvements to County Road 163 arc consistent with our previous on-site discussion and agreement, so I may accurately discuss these improvements during the Commissioner's meeting: 1. Construct approximately 5 intcrvisihlc turnouts. 2. Install cross culverts where the turnout construction will till in the drainage ditch. 3. Install a continuous guard rail along the roadway. If this is not consistent with your understanding of the necessary road improvements, please let me know prior to Monday's meeting so I do not misrepresent our previous discussion. 1 will prepare design drawings for the road improvements as soon as 1 receive the necessary survey information. The surveyors are scheduled to survey. the site the week of November 27t. Sincerely, ENARTECH, INC. Peter Belau, P.E. PB/jlw Enclosure cc: Mark Bean Tony Lawson E-mail: peterhQ enartech.com P4:19-02 DUO \P1U2000\434 02 Lu' T Ru.scl 112200 302 Eighth Street. Suite 325 P.O. Drawer 160 Glenwood Springx. CC) 81602 (970) 945-2236 Fax (9/0) 945-2.977 www.unurfaclr.cum ENARTECH Inc. Consulting Engineers and Hydrologists January 8, 2001 Mr. Tom Russell Garfield County Road and Bridge Supervisor 902 Taughenbaugh Blvd. Suite 305 Rifle, CO 81650 RE: Prehm Ranch Subdivision Exemption Dear Mr. Russell: AIA11%, Enclosed for your review is the Access Road Plan showing the proposed improvements to County Road 163 and the access road into Prehm Ranch. The proposed improvements include intervisible turnouts, culvert pipes and guardrail. I specified 15 -inch culvert pipes to avoid potential grade conflicts with the existing underground fiber optic line in the road. Sincerely, ENARTECH, INC. Peter Belau, P.E. PB/jlw Enclosures E-mail: peterb@enartech.com COMMON \PJB2001\439-02 Itr T. Russell 01(X)la 302 Eighth Street, Suite 325 P.O. Drawer 160 Glenwooa Spnnrs. . 0 81602 (970) 945-2236 Fax (970) 945-2977 www.enartech.com , FEIVED MAR 2 3 200f ENARTECH Inc. Consulting Engineers and Hydrologists March 22, 2001 Mr. Mark Bean Garfield County 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 efa/A 11 JAM. Dear Mark: Enclosed for your review are the Exemption Plat and the Declaration of Covenants for Prehm Ranch. There is no proposed Subdivision and theefirentprotect onenmprovement; we t imprto ovements sh construction of the County Road 163 improvementsto the signing of the Exemption Plat. Also enclosed is a Water Supply Report from Colorado River Engineering, including test well pumping results, well water quality analysis, well completion report, and West Divide Water Conservancy District Water Allotment Contract/Lease. Well Permits 54873-F, 54874-F and 54875-F are enclosed; these wells will be the source of water supply for the three exemption lots. The spring that was the source of domestic water supply for the original Prehm ranch house will not be used; the exemption lot property owners will have no rights to water from this spring. The County Road Improvement Plan was submitted to Tom Russell on January 8' (see enclosed letter). Driveway access to the exemption lots is from the existing Prehm Ranch driveway that extends from County Road 163; I assume that driveway permits are not necessary to utilize this existing access. Our 120 -day limit to present the Plat to the Commissioners for signatures is about to expire, so we hereby request an extension. Please give me a call if you have any questions or if you need additional information. Sincerely, Peter Belau, P. PB/jlw Enclosure cc: (w/plot): Sam Phelps Bob Jacobson Tony Lawson Rick Neiley Chris Manera E-mail: peterba,enartech.com COMMON\PJB2001\439-02_Ltr M. Bean 032201 302 Eighth Street, Suite 325 P.O. Drawer 160 Glenwood Springs, CO 81602 (970) 945-2236 Fax (970) 945-2977 www.enartech.com • • BYLAWS OF PREHM RANCH OWNERS ASSOCIATION, INC. ARTICLE I P+.Jrpose 1. Purpose. The purpose for which the Association is formed is to govern the division of property described in the Declaration of Covenants, Conditions and Restrictions for Prehm Ranch (hereinafter the "Declaration") and the interests in all common areas, roads, utility systems, firc protection systems, water wells and water rights, and all other natters of common interest to the Owners of such Association (hereinafter the "Project") in accordance with these Bylaws and said Declaration. 2. Not for Profit. This Association is not organized for pro fit. No member or member of the Board of Directors shall receive or shall be lawfully entitled to receive any pecuniary profit from the operation thereof, and in no event shall any part of the funds or assets of the Association be paid as salary or compensation to be distributed to or inure to the benefit of any member of the Board of Directors, provided, however, that reasonable compensation may be paid to any member or manager while acting as an agent or employee of the Association for the services rendered in effecting one or more of the purposes of the Association and that any member or Director may, from time to time, be reimbursed for his actual and reasonable expenses incurred in connection with the administration of the affairs of the Association. ARTICLE II Membership, Voting, Majority of Owners, Quorum, Proxies 1. Members. Except as is otherwise provided in these Bylaws, ownership of a lot in the Prehm Ranch is required in order to qualify for membership in this Association. Any person on becoming an owner of a lot owner shall automatically become a member of this Association and be subject to these Bylaws. Such membership shall terminate without any formal Association action whenever such person ceases to own a Lot, but such termination shall not relieve or release any such former owner from any liability or obligation incurred under or in any way connected with this Association during the period of such ownership and membership in this Association, or impair any rights or remedies which the Lot owners have, either through the Board of Directors of the Association or directly, against such former owner and member arising out of or in any way connected with ownership and membership and the covenants and obligations incident thereto. 2. Annual Meetings. The annual meetings of members for the election of directors to succeed those whose terms expire and for the transaction of such other business as may come before the meeting shall be held in each year in the month of January, and at a place and time set by the Board of Directors. 1 • • 3. Special Meetings. Special meetings of the members, for any purpose or purposes, unless otherwise prescribed by statute or by the Articles of Incorporation, may be called at any time by the President or Secretary upon the request (which shall state the purpose or purposes therefor) of a majority of the Board of Directors or by the owners of not less than thirty percent (30%) of owners of lots within the Association entitled to vote at the meeting. Business transacted at any special meeting of the members shall be limited to the purpose or purposes stated in the notice. 4. Place of Meeting. Meetings of members shall be held at such place or places, within or without the State of Colorado, as may be designated from time to time by the Board of Directors. 5. Notice of Meetings. Except as otherwise provided by statute, notice of each meeting of i,iembers, whether annual or special, shall be given not less than ten ( 10) nor more than fifty (50) days prior thereto to each member entitled to vote thereat by delivering written or printed notice thereof to such member personally or by depositing the same in the United States mail, postage prepaid, directed to the member at his address as it appears on the books of the Association. The notice o f all meetings shall state the place, day and hour thereof The notice of a special meeting shall, in addition, state the purposes thereof 6. Voting. Voting shall be based upon the ownership of a lot within the Prehm Ranch. Each lot shall be entitled to one (1) vote. An owner of an undivided percentage interest in and to a lot shall be entitled to vote equal to his percentage ownership interest in such lot. 7. Majority of Lot Owners. As used in these Bylaws the term "majority of lot owners" shall mean those owners of more than fifty percent (50%) of the ownership interests in the lots. 8. Quorum. Except as otherwise provided in these Bylaws, the presence in person or by proxy of a majority of Lot Owners shall constitute a quorum. An affirmative vote of a majority of the votes entitled to be cast at a meeting, determined by the presence of the voters or by proxy, shall be required to transact business. 9. Proxies. Votes may be cast in person or by proxy. Proxies shall be in writing and the signatures must be witnessed and acknowledged. Proxies must be filed with the secretary before the appointed time of each meeting. 10. Organization. The President or Vice -President shall call meetings of members to order and act as chairman of such meetings. In the absence of said officers, any member entitled to vote thereat, or any proxy of any such member, may call the meeting to order and a chairman shall be elected by a majority of the members entitled to vote thereat. In the absence of the Secretary of the Association, any person appointed by the chairman shall act as secretary of such meetings. 11. Agenda and Procedure. The Board of Directors shall have the responsibility of establishing an agenda for each meeting of members, subject to the rights of members to raise matters for consideration which may otherwise properly be brought before the meeting although not included within the agenda. The chairman shall be charged with the orderly conduct of all meetings 2 • • of members; provided, however, in the event of any difference in opinion with respect to the proper course of action which cannot be resolved by reference to statute, the Articles of Incorporation or these Bylaws, Robert's Rules of Order (as last revised) shall govern the disposition of the matter. In general, the order of business shall be as follows: (a) Roll call and certifying proxies; (b) Proof of notice of meeting or waiver of notice; (c) Reading and/or disposal of unapproved minutes; (d) Reports of officers; (e) Election of Directors; (0 Unfinished business; (g) New business; and (h) Adjournment. 12. Adjournment. When a meeting is for any reason adjourned to another time or place, notice need not be given of the adjourned meeting if the time and place thereof are announced at the meeting at which the adjournment is taken. At the adjourned meeting any business may be transacted which might have been transacted at the original meeting. ARTICLE [II Obligations of Owners 1. Assessments. Except as otherwise provided in the Declaration, all Lot Owners shall be obligated to pay the assessments imposed by the Association to meet the Common Expenses, and payment thereof shall be made not later than on the fifteenth (15th) day following the mailing of the quarterly statement to the registered mailing address of the Lot Owner. The assessments shall be made on each Lot in accordance with such Lot's allocated interest, or as otherwise apportioned by the Association pursuant to the Declaration and these Bylaws, and shall be due in advance. A member shall not be deemed to be in good standing and entitled to vote at any annual or at a special meeting of members within the meaning of these Bylaws unless he shall have fully paid all assessments made or levied against him and the Lot owned by him. 2. General. (a) Each Owner shall strictly comply with the provisions of the Declaration. (b) Each Owner shall always endeavor to observe and promote the cooperative purposes for which the Project was established. 3 • • (c) Any amounts chargeable to an Owner under these Bylaws, the Declaration, or the rules adopted by the Board, may be assessed as a lien against the Lot of such Owner. 3. Use of Common Areas. Each Owner may use the common areas in accordance with the purposes for which they are intended so long as this use does not hinder or encroach on the lawful rights of the owner Owners, and subject to the provisions of the Declaration, Articles of Incorporation, and the rules and regulations established by the Board as provided in paragraph 4 below. 4. Rules and Regulations. In addition to those set forth in the Declaration, the Board of Directors or the managing agent reserves the power to establish, make and enforce compliance with such additional rules and regulations as may be necessary for the operation, use and occupancy of this Project with the right to amend same from time to time. 5. Notice of Lien or Suit. An Owner shall give notice to the Association of every lien or encumbrance on his Lot, other than for taxes and special assessments, and notice of every suit or other proceeding which may affect the title to his Lot, and such notice shall be given in writing immediately after the Owner has knowledge thereof. 6. Maintenance and Repair. (a) Every Owner must perform promptly, at their own expense, all maintenance and repair work to their own Lot which, if omitted, would affect the appearance of or the aesthetic integrity of part or all of the Project; and (b) An Owner shall be obligated to reimburse the Association promptly upon receipt of its statement for any expenditures incurred by it in repairing or replacing any common area damaged by his negligence or by the negligence of the Owner's tenants, agents or guests. 7. Right of Entry. (a) Any Owner shall and does grant to the Managing Agent, if any, or to any other person authorized by the Board of Directors the right enter their Lot in case of any emergency originating in or threatening their Lot or other Lots, whether the Owner is present at the time or not. (b) An Owner shall permit other Owners, or their representatives, to enter their Lot for the purpose of performing installations, alterations or repairs to the mechanical, electrical or utilities services which, if not performed, would affect the use of other Lots; provided that requests for entry are made in advance and that such entry is at a time convenient to the Owner. In case of emergency, such right of entry shall be immediate. 4 • • ARTICLE IV Board of Directors 1. Election and Tenure. The business and affairs of the Association shall be managed by a Board of Directors who shall be elected at the annual meetings of members by a majority vote. Each Director shall be elected to serve and to hold office until the next succeeding annual meeting and until his successor shall be elected and shall qualify, or until his earlier death, resignation or removal. 2. Number and Qualification. The affairs of the Association will be managed by a Board consisting of the number of Directors as shall be determined by the members, but no more than seven. In the absence of a determination, the Board shall consist of three (3) Directors. The members of ��ie Board of Directors need not be members of the Association or residents of the State of Colorado. 3. Meetings. As soon as practicable after each annual election of directors, the Board of Directors shall meet for the purpose of selection of a Chairman of the Board, election of officers and the transaction of any other business. 4. Regular Meetings. Regular meetings of the Board of Directors shall be held at such time or times as may be determined by the Board of Directors and specified in the notice of such meeting. 5. Special Meetings. Special meetings of the Board of Directors may be called by any Director or by the President or as otherwise provided in these Bylaws. 6. Place of Meetings. Any meeting of the Board of Directors may be held at such place or places either within or without the State of Colorado as shall from time to time be determined by the Board of Directors or fixed by the Chairtnan of the Board and as shall be designated in the notice of the meeting. 7. Notice of Meetings. Notice of each meeting of the Directors, whether organizational, regular or special, shall be given to each Director. If such notice is given either (a) by delivering written or printed notice to a Director personally or (b) by telephone personally to such Director, it shall be so given at least two (2) days prior to the meeting. If such notice is given either (a) by depositing a written or printed notice in the United States mail, postage prepaid, or (b) by transmitting at his residence or place of business, it shall be so given at least four (4) days prior to the meeting. The notice of all meetings shall state the place, date and hour thereof, but need not, except for special meetings, state the purpose or purposes thereof. 8. Quorum. A majority of the number of Directors fixed by paragraph 2 of this Article shall constitute a quorum at all meetings of the Board of Directors, and the vote of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. In the absence of a quorum at any such meeting, a majority of the Directors present may adjourn the meeting from time to time without further notice, other than announcement at the meeting, until a quorum shall be present. 5 • i 9. Organization, Agenda and Procedure. The Chairman of the Board or in his absence any Director chosen by a majority of the Directors present shall act as chairman of the meetings of the Board of Directors. In the absence of the Secretary and Assistant Secretary, any person appointed by the chairman shall act as secretary of such meetings. The agenda of and procedure for such meetings shall be determined by the Board of Directors. 10. Resignation. Any Director of the Association may resign at any time by giving written notice of his resignation to the Board of Directors, to the Chairman of the Board, the President, any Vice -President or Secretary of the Association. Such resignation shall take effect at the date of receipt of such notice or at any later time specified therein and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. 11. Removal. Except as otherwise provided in the Articles of Incorporation or in these Bylaws, any Director may be removed, either with or without cause, at any time, by the affirmative vote of the holders of a majority of the issued and outstanding shares of stock entitled to vote for the election of Directors of the Association given at a special meeting of the members called and held for such purpose. If the members at such meeting fail to fill such vacancy, the vacancy in the Board of Directors caused by any such removal shall be filled by the Board of Directors as provided in paragraph 12 of this Article. 12. Vacancies. Except as provided in paragraph 11 of this Article, any vacancy occurring for any reason in the Board of Directors may be filled by the affirmative vote of a majority of the Directors then in office, though less than a quorum of the Board of Directors or by an election at an annual meeting or at a special meeting of members called for that purpose. A Director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office and shall hold office until the expiration of such term and until his successor shall be elected and shall qualify or until his earlier death, resignation or removal. A Director chosen to fill a position resulting from an increase in the number of Directors shall hold office until the next annual meeting of members and until his successor shall be elected and shall qualify, or until his earlier death, resignation or removal. 13. Powers and Duties. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association, which shall include but shall not be limited to the following, all of which shall be done for and in behalf of the Lot Owners: (a) With the assistance of the Managing Agent, if any, to prepare, according to generally accepted accounting principles, a budget for the Association at least annually, in order to determine the amount of common expenses payable by the Lot Owners to meet the common expenses of the Project. To allocate and assess such common charges among the Lot Owners according to their respective common ownership interests, with each Lot assessed equally for such expenses. To cause the Association to provide for, among other things, the following services to be paid for out of the regular assessments (or special assessments, if necessary): the maintenance, repair, operation, additions, alterations and improvements of and to the common areas, roads, ponds, river frontage, fire protection systems and utilities, including expenses of management; insurance relative to the common areas; legal and accounting services relative to the common areas and the Association; snow removal; and other services deemed necessary by the Board of Directors for the 6 • • proper maintenance of the common areas and operation of the Association. By majority vote of the Board of Directors, to adjust, to decrease or increase the amount of the assessments, and remit or return any excess of assessments over expenses, working capital, sinking funds and reserve (for deferred maintenance and for replacement) to the Owners at the end of each operating year. To levy and collect regular and special assessments as permitted by the Declaration. Within thirty (30) days after adoption of any proposed budget for the Project, the Board of directors shall mail, by ordinary, first class mail, or otherwise deliver a summary of the budget to all Lot Owners and shall set a date for a meeting of the Lot Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary; (b) To collect delinquent assessments (by and through the Managing Agent, if any) by suit or otherwise and to enjoin or seek damages from an Owner as is provided in the Declaration or these Bylaws. To enforce a late charge of a reasonable amount and to collect interest at the rate specified in the Declaration in connection with assessments remaining unpaid more than thirty (30) days from the due date for payment thereof, together with all expenses, including attorney fees incurred; (c) To maintain the common areas; to make or cause to be made repairs, replacements, additions, alterations and improvements to the common areas consistent with the best interests of the Lot Owners. Such duties may be delegated to the Managing Agent, if any. To cause additional improvements to be made as part of the common areas; (d) To employ for the Association a Managing agent who shall have and exercise all of those powers granted to it by the Board of Directors, but not those powers which the Board of Directors, by virtue of the laws of the State of Colorado, may not delegate. To hire and discharge employees, independent contractors and agents other than Managing Agent. 14. Managing Agent. The Board of Directors may employ for the Association a Managing Agent at a compensation established by the Board of Directors, to perform such duties and services specified in the preceding section of these Bylaws, and the specific power to delegate such duties is hereby reserved to the Board of Directors; however, no such delegation shall relieve the Board of Directors of its responsibilities under the Declaration and these Bylaws. 15. No Compensation to Members. Elected members of the Board of Directors shall receive no compensation for their services as such, unless approved by a majority vote of the Owners. ARTICLE V Waiver of Notice and Action by Consent 1. Waiver of Notice. Whenever any notice is required to be given under the provisions of a statute or of the Articles of Incorporation, or by these Bylaws, a waiver thereof either in writing signed by the person entitled to said notice (or such person's agent or attorney-in-fact thereunto authorized) or by telegraph, cable or any other available method, whether before, at or after the time stated therein, or the appearance of such person or persons at such meeting in person or by 7 • proxy (except for the sole purpose of challenging the propriety of the meeting), shall be deemed equivalent to such notice. 2. Action Without a Meeting. Any action required or which may be taken at a meeting of the Directors, members or members of any executive committee of the Association, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Directors or members, as the case may be, entitled to vote with respect to the subject matter thereof. ARTICLE VI Officers 1. Election and Tenure. The Board of Directors annually shall elect a President, a Secretary and a Treasurer. The Board of Directors may also elect or appoint such Vice -Presidents, other officers and assistant officers as may be determined by the Board of Directors. The Board of Directors may delegate to any such officer the power to appoint or remove subordinate officers, agents or employees. Any two (2) or more offices may be held by the same person, except the offices of President and Secretary. Each officer so elected or appointed shall continue in office until his successor shall be elected or appointed and shall qualify, or until his earlier death, resignation or removal. 2. Resignation, Removal and Vacancies. Any officer may resign at any time by giving written notice thereof to the Board of Directors or to the President. Such resignation shall take effect on the date specified therein and no acceptance of the same shall be necessary to render the same effective. Any officer may at any time be removed by the affirmative vote of a majority of the number of Directors specified in these Bylaws, or by an executive committee thereunto duly authorized. If any office becomes vacant for any reason, the vacancy may be filled by the Board of Directors. Any officer appointed to fill a vacancy shall be appointed for the unexpired term of his predecessor in office and shall continue in office until his successor shall be elected or appointed and shall qualify, or until his earlier death, resignation or removal. 3. President. The President shall be the chief executive officer of the Association, shall preside at all meetings of the members and shall have general and active management of the business of the Association, shall see that all orders and resolutions of the Board of Directors are carried into effect, and in general shall perform all duties as may from time to time be assigned to him by the Board of Directors. 4. Secretary. The Secretary shall perform such duties and shall have such powers as may from time to time be assigned by the Board of Directors or the President. In addition, the Secretary shall perform such duties and have such powers as are incident to the office of Secretary, including without limitation the duty and power to given notice of all meetings of members and the Board of Directors, to attend such meetings and keep a record of the proceedings, and to be custodian of corporate records and the corporate seal and to affix and attest to the same on documents, the execution of which on behalf of the Association is authorized by these Bylaws or by the action of the Board of Directors. 8 • • 5. Treasurer. The Treasurer shall perform such duties and shall have such powers as may from time to time be assigned by the Board of Directors or the President. In addition, the Treasure shall perform such duties and have such powers as are incident to the office of Treasurer, including without limitation the duty and power to keep and be responsible for all funds and securities of the Association, to deposit funds of the Association in depositories selected in accordance with these Bylaws, disburse such funds as ordered by the Board of Directors, making proper accounts thereof, and shall render as required by the Board of Directors statements of all such transactions and of the financial condition of the Association. 6. Bond of Officers. The Board of Directors may require any officer to give the Association a bond in such sum and with such surety or sureties as shall be satisfactory to the Board of Directors for such terms and conditions as tile Board of Directors may specify, including without limitation for the faithful performance of his duties and for the restoration to the Association of all property in his possession or under his control belonging to the Association. ARTICLE VII Indemnification 1. Third Party Actions. The Association shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Association) by reason of the fact that he is or was a Director, officer or employee of the Association, or is or was serving at the request of the Association as a director, officer, employee or agent of a Association, partnership, joint venture, trust or agent of any other Association, partnership, joint venture, trust or other enterprise, against expenses (including attorney fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the Association, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suite or proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the Association or with respect to the criminal action or proceeding, that the person did not have reasonable cause to believe that his conduct was lawful. 2. Derivative Actions. The Association shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the Association to procure a judgment in its favor by reason of the fact that he is or was a director, officer, employee or agent of the Association, or is or was serving at the request of the Association as a director, officer, employee or agent of another Association, partnership, joint venture, trust, or other enterprise against expenses (including attorney fees) actually and reasonably incurred by him in connection with the defense or settlement of such action or suit if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the Association, except that no indemnification shall be made in respect of any claim, issue or matter 9 • as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his duty to the Association unless and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjudications of liability and in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper. 3. Extent of Indemnification. To the extent that a Director, officer, employee or agent of the Association has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in this Article, or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorney fees) actually and reasonably incurred by him in connection therewith. 4. Determination. Any indemnification (unless ordered by a court) shall be made by the Association only as authorized in the specific case upon a determination that indemnification of the officer, Director and employee or agent is proper in the circumstances, because he has met the applicable standard of conduct set forth herein. Such determination shall be made (a) by the Board of Directors by a majority vote of a quorum consisting of Directors who were not parties to such an action, suit or proceeding, or (b) if such a quorum is not obtainable, or even if obtainable, a quorum of disinterested Directors so directs, by independent legal counsel in a written opinion, or (c) by the affirmative vote of the holders of a majority of the shares of stock entitled to vote and represented at a meeting called for such purpose. 5. Payment in Advance. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Association in advance of the final disposition of such action, suit or proceeding as authorized by the Board of Directors upon receipt of an undertaking by or on behalf of the Director, officer, employee or agent to repay such amount unless shall ultimately be determined that he is entitled to be indemnified by the Association as authorized in this Article. 6. Insurance. The Board of Directors may exercise the Association's power to purchase and maintain insurance on behalf of any person who is or was a Director, officer, employee or agent of the Association, or is or was serving at the request of the Association as a director, officer, employee or agent of another Association, partnership, joint venture, trust or other enterprise against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the Association would have the power to indemnify him against such liability hereunder or otherwise. 7. Other Coverage. The indemnification provided by this Article shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled under the Articles of Incorporation, these Bylaws, agreement, vote of members or disinterested Directors, the Colorado Nonprofit Corporation Act, or otherwise, both as to action in his official capacity and as to action in another capacity while holding such office, and shall continue as to a person who has ceased to be a Director, officer, employee or agent, and shall inure to the benefit of the heirs and personal representatives of such a persons. 10 • • ARTICLE VIII Executions of Instruments; Loans; Checks and Endorsements; Deposits 1. Execution of Instruments. The President or any Vice -President shall have power to execute and deliver on behalf of and in the name of the Association any instrument requiring the signature of an officer of the Association, except as otherwise provided in these Bylaws or where the execution and delivery thereof shall be expressly delegated by the Board of Directors to some other officer or agent of the Association. Unless authorized to do so by these Bylaws or by the Board of Directors, no officer, agent or employee shall have any power or authority to bind the Association in any way, to pledge its credit or to render it liable pecuniarily for any purpose or in any amount. 2. Loans. No loan shall be contracted on behalf of the Association, and no evidence of indebtedness shall be issued, endorsed or accepted in its name, unless authorized by the Board of Directors so to act. Such authority may be general or confined to specific instances. When so authorized, the officer or officers thereunto authorized may effect loans Pt any time for the Association from any bank or other entity and for such loans may execute and deliver promissory notes or other evidences of indebtedness of the Association, and when authorized as aforesaid, as security for the payment of any and all loans (and any obligations incident thereto) of the Association, may mortgage, pledge or otherwise encumber any real or personal property, or any interest therein, at any time owned or held by the Association, and to that end may execute and deliver such instruments as may be necessary or proper in the premises. 3. Checks and Endorsements. All checks, drafts or other orders for the payment of money, obligations, notes or other evidences of indebtedness, bills of lading, warehouse receipts, shall be signed or endorsed by such officers or agents of the Association as shall from time to time be determined by resolution of the Board of Directors, which resolutions may provide for the use of facsimile signatures. 4. Deposits. All funds of the Association not otherwise employed shall be deposited from time to time to the Association's credit in such banks or other depositories as shall from time to time be determined by resolution of the Board of Directors, which resolution may specify the officers or agents of the Association who shall have the power, and the manner in which such power shall be exercised, to make such deposits and to endorse, assign and deliver for collection and deposit checks, drafts and other orders for the payment of money payable to the Association or its order. ARTICLE IX Corporate Books and Records 1. Corporate Books. The books and records of the Association may be kept within or without the State of Colorado at such place or places as may be from time to time designated by the Board of Directors. 1l • • 2. Addresses of Members. Each member shall furnish to the Secretary of the Association or the Association's transfer agent an address to which notices from the Association, including notices of meetings, may be directed and if any member shall fail so to designate an address, it shall be sufficient for any such notice to be directed to such member at his address last known to the Secretary or transfer agent. 3. Audits of Books and Accounts. The Association's books and accounts shall be audited at such times and by such auditors as shall be specified and designated by resolution of the Board of Directors. ARTICLE X Holders o Security Interests 1. Notice to Association. An Owner who mortgages his Lot shall notify the Association through the managing agent, if any, or the president of the Association, giving the name and address of his mortgagee. The Association shall maintain such information in a book entitled "Mortgagees of Lots." 2. Notice of Unpaid Assessments. The Association shall, at the written request of the first mortgagee of a Lot, report any unpaid assessments due from the Owner of such Lot. 3. Notice of Default. When giving notice to a Lot Owner of a default in paying assessments or other default, the Board shall send a copy of such notice to each holder of a security interest covering such Lot whose name and address has theretofore been furnished to the Board of assessments or other default. 4. Holders of Security Interests. Owners shall have the right to irrevocably constitute and appoint the holder of a security interest as their true and lawful attorney to vote their Lot membership in this Association and to vest in such beneficiary or its nominee any and all rights, privileges and powers that they have as Owners under the Certificate of Incorporation and Bylaws of this Association or by virtue of the Declaration. Such proxy shall become effective upon the filing of a notice by the beneficiary or mortgagee with the Secretary -Treasurer of the Association at such time or times as the beneficiary shall deem its security in jeopardy by reason of the failure, neglect, refusal of the Association, the Board, the Managing Agent, or the Lot Owners to carry out their duties as set forth in the Declaration. A release of the security interest shall operate to revoke such proxy. Nothing herein contained shall be construed to relieve Owners, as mortgagors, of their duties and obligations as Owners or to impose upon the beneficiary of the deed of trust or mortgage the duties and obligations of an Owner. ARTICLE XI Unpaid Common Expenses - Ascertaining Liability The Association shall furnish to a Lot Owner or such Owner's designee or to a holder of a security interest or its designee upon written request, delivered personally or by certified mail, 12 • 1 first-class postage prepaid, return receipt requested, to the Association's registered agent, a statement setting forth the amount of unpaid assessments currently levied against such Owner's Lot. The statement shall be furnished within twenty (20) days after receipt of the request and is binding on the Association, the Board of Directors, and every Lot Owner. If no statement is furnished to the Lot Owner or holder of a security interest or their designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a priority lien upon the Lot for unpaid assessments which were due as of the date of the request. ARTICLE XII Enforcement 1. Abatement and Enjoinment of Violations by Owners. The violation of the Declaration, these Bylaws or any of the rules and regulations adopted by the Board of Directors shall give the Board of Directors or the Managing Agent the right, after notice and an opportunity for a hearing, except in case of an emergency, in addition to any other rights set forth in these Bylaws or the Association's Rules and Regulations: (a) To enter upon a Lot in which, or as to which, the violation or breach exists and to summarily abate and remove, at the expense of the defaulting Lot Owner, any structure, thing or condition (except for additions or alterations of a permanent nature that may exist in that Lot) that is existing and creating a danger to the common areas contrary to the intent and meaning of the provisions of the regulations. The Board of Directors shall not be deemed liable for any manner of trespass by this action; and (b) To enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuation of any breach. 2. Fine for Violation. Following notice and an opportunity for a hearing, the Board of Directors may levy a fine of up to Fifty Dollars ($50.00) per day for each day that a violation of the Declaration, Bylaws or rules persists, but this amount shall not exceed that amount necessary to insure compliance with the rule or order of the Board of Directors. If a second violation of a same or similar nature is committed by the same Lot owner within one (1) year, the daily fine may be increased to One Hundred Dollars ($100.00) per day. Upon a third or subsequent violation within one (1) year, the fine may be increased to Two Hundred Fifty Dollars ($250.00) per day. The imposition of a fine shall not preclude an action for injunctive relief or for damages. ARTICLE XIII Working Capital and Reserves 1. Working Capital. A working capital fund may be established in the amount of two months' regularly budgeted common expense assessments for all Lots as they are created in proportion to their respective proportionate interests in common expenses. 13 • 2. Reserves. As a part of the adoption of the regular budget, the Board of Directors may include an amount which, in its reasonable business judgment, will establish and maintain an adequate reserve fund for the replacement of improvements to the common areas that it is obligated to maintain, based upon the Project's age, remaining life and the quantity and replacement cost of major common area improvements. ARTICLE XIV Miscellaneous I . Business Offices. The Association may have one or more offices at such place or places within or without the State of Colorado as the Board of Directors may from time to time determine or as the business of the Association may require. 2. Registered Office. The registered office of the Association shall be as set forth in the Articles of Incorporation unless changed as provided by the Colorado Nonprofit Corporation Act. 3. Declaration Controls. 1 r any of these Bylaws conflict with any provision of the Declaration, the Declaration shall control. 4. Fiscal Year. The fiscal year of the Association shall be such year as shall be established by the Board of Directors. 5. Emergency Bylaws. The Board of Directors may adopt emergency Bylaws in accordance with and pursuant to the provisions as set forth in the Colorado Nonprofit Corporation Act from time to time. 6. Recreational Facilities. Any recreational facilities of the Project shall be available to all Lot Owners. Fees or charges in conjunction with the use, maintenance and upkeep of these facilities shall be included within the annual assessment. 7. Amendments. All Bylaws of the Association shall be subject to alteration, amendment or repeal, and new Bylaws may be added, by the affirmative vote of a majority of a quorum of the members of the Board of Directors present in person at any regular or special meeting. 8. Notices. All notices to the Association or the Board of Directors shall be delivered to the office of the Managing Agent, or, if there is no Managing Agent, to the office of the Association, or to such other address as the Board of Directors may designate by written notice to all Lot Owners and to all holders of security interests in the Lots who have notified the Association that they hold a security interest in a Lot. Except as otherwise provided, all notices to any Lot Owner shall be sent to the Lot Owner's address as it appears in the records of the Association. All notices to holders of security interests in the Lots shall be sent, except where a different manner of notice is specified elsewhere in the Documents, by registered or certified mail to their respective addresses, as designated by them in writing to the Association. All notices shall be deemed to have been given 14 • • when mailed, except notices of changes of address, which shall be deemed to have been given when received. IN WITNESS WHEREOF, these Bylaws are executed the day and year first written above. 15 • • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PREHM RANCH THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the "Declaration") is made this day of , 2000, by A. A. LAWSON (the "Declarant"). RECITALS A. Declarant is the owner of real property situated in the County of Garfield, State of Colorado, as desert bed in Exhibit "A" appended hers<to, comprised of approximately one hundred ninety-one (191) acres of land. B. The Declarant intends to create separate parcels of land from the property described in Exhibit "A" (hereinafter referred to as the "Lots"). The Declarant has received approval from Garfield County for a subdivision exemption creating a total of four (4) parcels on the Prehm Ranch, three (3) of which are identified on the Prehm Ranch Subdivision Exemption Plat as Lot 1 (approximately 4.16 acres), Lot 2 (approximately 4.02 acres) and Lot 3 (approximately 4.62 acres), and the fourth such Lot being comprised of the balance of the Prehm Ranch containing one hundred seventy-nine (179) acres, more or less. The Lots will be conveyed to owners subject to the terms of this Declaration. The Prehm Ranch Subdivision Exemption Plat is recorded in the real estate records of Garfield County as Reception No. and shall be deemed a part hereof and incorporated herein. C. Declarant desires to establish certain covenants, conditions and restrictions which shall apply to the Lots in order to accomplish the purposes as set forth herein. NOW, THEREFORE, in consideration ofthe foregoing premises, the Declarant states as follows: 1. Declaration. To further the purposes expressed herein, the Declarant, for itself, its successors and assigns hereby declares that the Lots shall at all tunes be owned, held, used and conveyed subject to the terms, provisions, condition, and restrictions contained in this instrument, which terms, provisions, conditions and restrictions shall constitute covenants running with the land benefitted and burdened thereby, shall be binding upon and inure to the benefit of the Declarant, and shall be binding upon any person or legal entity acquiring any interest in the Lots. 2. Purposes and Limitations of Declaration. The purpose of this Declaration is to restrict the use, occupancy, development and redevelopment and maintenance of the Lots in order to preserve and protect the quality and integrity of the Prehm Ranch and its facilities, and to preserve and protect the highly desirable rural residential and recreationally oriented character of the Lots for the benefit of the Declarant, the owners, and the occupants of Lots, and to provide for the creation and operation of the Prehm Ranch Owners Association, Inc., a Colorado not-for-profit corporation. 1 • • This Declaration shall not result in the creation or establishment of a common interest community which is subject to the provisions of C.R.S. § 38-33.3-101, et seq. 3. Definitions. (a) "Declarant" means A. A. Lawson and any party designated as a successor or assign of the Declarant by a written instrument duly recorded in the real estate records of Garfield County, Colorado, which instrument, to be effective, need only be signed by the assigning Declarant. Such instrument may specify the extent and portion of the rights or interests being assigned by Declarant, in which case the assignor shall retain all other rights of Declarant not so assigned. (b) "Lot" or "Lots" means each or all of the lots and parcels described in or reflected on the plat of the Prehm Ranch Subdivision Exemption, as amended from time to time, as the context requires, and unless otherwise provided, includes the improvements situated thereon. As used herein, the term "Lots" shall include all and any interests in the Lots, including any undivided interest therein. (c) "Common areas" means those areas depicted on the Plat of the Prehm Ranch Subdivision Exemption, as amended from time to time. (d) "Owner" means the person, persons, or legal entity holding record fee simple title to a Lot or an undivided interest therein. (e) "Mortgage" means any mortgage, deed of trust or other security instrument creating a real property security interest in any Lot, excluding any statutory, tax or judicial lien. 4. Building and Land Use Restrictions. (a) Residential Use Only. The Lots shall be used only for residential purposes. Except for rental, no Lot shall be occupied for or used for any commercial or business purposes except as may be incidental to use and occupancy for residential purposes. (b) Improvements/Landscaping and Fencing. No physical improvements of any nature shall be constructed on any Lot without the prior written consent of the Declarant and pursuant to rules and regulations of an architectural control committee established by Declarant. (c) Nuisances. No noxious or offensive activities shall be carried on upon any Lot nor shall anything be done thereon which may become an annoyance or nuisance to the users of any neighboring Lots. (d) General Restrictions. No exterior antennae or satellite dish shall be allowed on any Lot without the prior written consent of the Declarant. No elevated tanks of any kind shall be erected, placed or permitted upon any part of a Lot. All mechanical equipment shall be located so as to prevent an undesirable view from neighboring Lots. Garbage and other waste shall not be kept on any Lot, except in sanitary, bear proofed containers which are adequately screened. 2 • • All garbage and waste shall be taken, on a regular basis, by the Owner to the trash collection area for removal by the Owner's trash collector. No outdoor jacuzzis or hot tubs shall be allowed on any Lot without the prior written consent of the Declarant. (e) Pets. Dogs and other small domestic animals such as cats and birds may be housed and maintained by Owners of a lot provided that such animals are appropriately controlled. Owners may take dogs provided that a leash is used at all times to keep the dog under positive control. Under no circumstances may dogs or other small animals be allowed to roam at large, to interfere with ranch operations, or to harass wildlife. Horses or other livestock may be permitted by rules established by Declarant. (f) Signs. No signs whatsoever shall be permitted within or upon any Lot, except one sign providing the Owner's name and address and one real estate "for sale" sign. (g) No Subdivision. Except as provided below, no Lot may be subdivided nor shall a fractional portion thereof, including time share estates, be sold or conveyed so as to be held in divided ownership, except as permitted by Declarant. (h) Insurance. Each Owner shall obtain and maintain a policy or policies of insurance providing comprehensive coverage against fire, casualty and damage in an amount and upon terms as are sufficient to pay for the repair of any damage to or the replacement costs of the improvements on each Lot. The Declarant shall be named as an additional insured as to all activities and common interests related to the common areas. (i) Rules and Regulations. The Declarant shall have the right and authority, subject to reasonable notification to Owners, to adopt rules and regulations and to impose liiuitations and restrictions regarding the use of all ponds, roads and common areas. 5. Water Service. (a) Private Water System. Each Lot shall be connected to and provided with water service from that private water system to be developed, owned and operated by the Declarant. In addition, Declarant may adopt rules and regulations governing said water systems and the provision of such services by Declarant, which rules and regulations shall be binding upon every Lot Owner. (b) Domestic Water. Declarant has permitted and received approval to construct a domestic water well pursuant to that certain Well Permit No. . Once the well has been drilled and all equipment necessary for the delivery of water to the four (4) lots depicted on the Prehm Ranch Subdivision Exemption Plat have been installed, each Lot Owner shall be deemed to have an undivided interest in and to the well and well permit and all equipment necessary for the delivery of domestic water. The well, well permit and well equipment may be held in the name of the Association established hereunder. All maintenance, operation, repair and other costs associated with the delivery of water to the Lots shall constitute a common expense assessed to the users upon such terms and conditions as may be established from time to time by the Association or Declarant, which assessment may be based on each Owner's proportionate use of water. 3 • • (c) Irrigation/Fire Protection. Each Lot shall be entitled to utilize irrigation water available from the pond or ponds depicted on the Prehm Ranch Subdivision Exemption Plat for irrigating the Lots in accordance with rules and regulations established by Declarant and the Association. In addition, each Lot shall be entitled to utilize ponds and irrigation water for fire protection. (d) Easements for Access. Each Owner of a Lot shall be deemed to have an easement for access to the well and well equipment, the ponds and irrigation water delivery systems for purpose of effectuating the delivery of domestic, irrigation and fire protection water. 6. Reserved Rights of Declarant. (a) Undivided Interests. With respect to any Lot owned by Declarant, the Declarant reserves the fight to create, market and manage undivided ownership interests which may be subject to contractually enforced rules and regulations regarding use, occupancy and transferability. The use and ownership of each undivided interest shall be subject to the provisions of this Declaration, including the requirement that each undivided interest be owned by a member of the Association described herein. No Owner other than the Declarant shall have the right to create such undivided ownership interests without the prior written approval of Declarant. (b) Easements. (1) Maintenance. Declarant reserves for itself, its successors or assigns, and for the use and benefit of Owners and the Association a blanket easement across and upon each Lot, outside of the development envelopes shown on the Plat, if any, for the performance of maintenance or repair to common utility facilities, including irrigation and drainage systems, paths, common areas and facilities, and the use of such facilities by members and guests. (2) Access and Utilities. (i) Declarant shall establish and maintain specific access easements over, across or under designated portions of the Ranch for the use and benefit of Owners, utility providers, and for law enforcement, fire and other emergency personnel and equipment. Declarant reserves the right to relocate and reconstruct such easements from time to time in order to serve the best interests of all. Owners and the Declarant, so long as such relocation and reconstruction does not unreasonably interfere with or restrict an Owner's access to such Owner's Lot. (ii) Each Owner of a Lot as depicted on the Prehm Ranch Subdivision Exemption Plat shall be entitled to the use and enjoyment of the common road depicted thereon connecting the Prehm Ranch to public right-of-way provided by County Road 163, which common road traverses the west side of Lots 1, 2 and 3 and serves the balance of the Prehm Ranch. An access easement is specifically granted to all Owners of Lots for purposes of ingress and egress, utility connections, emergency access and all other purposes reasonably necessary to effectuate the use and development of all of the Lots for residential purposes. 4 • • (iii) Each Owner of a Lot shall be subject to assessments for the maintenance and repair of the access drive connecting their lots to the public right-of-way. Declarant, the Association and all Owners agree to maintain and repair the access road so as to provide emergency vehicle access in accordance with the requirements of Garfield County, the Glenwood Springs Fire Department, any fire protection district with jurisdiction over the Project, and reasonable health and safety standards as may be adopted by the Declarant, the Association or any governmental agency with jurisdiction over the Project, from time to time. Maintenance and repair shall be deemed to include snow removal, dust suppression, surface and subsurface repairs and other matters reasonably related to the preservation and maintenance of adequate, safe access to all lots. (c) Reconfiguration of Lots. Declarant reserves the absolute right to reconfigure the shape and dimensions of each Lot over which Declarant retains ownership. The reconfiguration shall be accomplished by the recording in the Garfield County records of an amended plat for the Prehm Ranch. 7. The Prehm Ranch Owners Association. (a) Formation. The Declarant shall form the Prehm Ranch Owners Association (the "Association") as a nonprofit corporation which shall be charged with the duties and invested with the powers prescribed by law and as set forth in its Articles, Bylaws and this Declaration. Neither the Articles nor Bylaws of the Association shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. All Owners shall automatically be members of the Association. (b) Board of Directors and Officers. The affairs of the Association shall be conducted by the Board of Directors and such officers as the Board of Directors may elect or appoint in accordance with its Articles and Bylaws. The initial Board of Directors shall be composed of three (3) members who shall be appointed by the Declarant. (c) Voting. The Owner or Owners of each Lot shall, collectively, be entitled to one (1) vote on any and all matters on which members are entitled to vote. Where there is more than one Owner of a Lot, the several Owners shall be entitled to vote a fractional share based upon their respective ownership interests, which shall never be greater than one (1) vote in the aggregate. (d) Purpose and Powers of Association. The Association shall be formed to serve as the vehicle for the administration of certain basic services to be provided for the benefit of Owners and to administer all common areas and interests within the Prehm Ranch. The services which shall be provided shall include, without limitation, various maintenance services including road maintenance, administrative services, and other services as the Association may choose to provide for the benefit of Owners. Said services may also include the receipt, processing, payment and accounting of utility bills on behalf of Owners pursuant to a power of attorney related to utilities management executed by Owners. 5 • • (e) Assessments. By acceptance of a deed conveying an ownership interest in a Lot, each Owner thereof, whether or not it is so expressed in said deed, shall be deemed to covenant and agree with the Declarant and other Owners to pay to the Association quarterly assessments made by the Directors thereof equal to a pro rata share of the costs and fees for which the Association becomes liable, the provision of utilities, management services, if any, or for such other services which the Association may provide or contract for each quarter. The obligation of each Owner to pay assessments shall be subject to the following: (1) Total Amount of Quarterly Assessments. The total amount of quarterly assessments shall be based upon advance estimates of the payments required in order to satisfy the obligations of the Services Agreement, utility management services, and any other expenses described in the annual budget and authorized by the Directors, including the creation of a reasonable contingency reserve, surplus and/or sinking fund. (2) Special Assessments. In addition to the quarterly assessments, the Directors may levy from time to time special assessments, payable over such time periods as the Directors may determine, for the purpose of defraying, in whole or in pan, the cost of any service which may be provided or arranged for by the Association for the benefit of its members, or for any deficit between the estimated and actual costs not covered by the estimate of annual assessments. (3) Apportionment of Assessments. Any amounts assessed pursuant hereto shall be apportioned among and borne and paid by Owners in proportion to the number of Lots owned by each Owner, except any special assessment specifically attributable to fewer than all of the Owners and/or attributable to a specific Owner (4) Determination of Budget and Assessments. The total amount required to be raised by quarterly assessments and the total mount required to be raised by special assessments shall be determined at least annually in accordance with the following procedures. The Directors of the Association shall prepare a budget for the time period covered thereby showing, in reasonable detail, the various matters proposed to be covered by the budget, showing the estimated costs and expenses of each of those items, showing any estimated income or other funds to be credited to the budget, and showing the estimated total amount of quarterly assessments or special assessments required to cover costs and expenses and to provide a reasonable reserve. The total amount to be raised by quarterly assessments or special assessments for a particular period of time shall be at least in the amount necessary to satisfy the obligations of the Association. (5) Notice of Assessments and Time for Payment Thereof. Quarterly assessments shall be made on a calendar year basis, with the first quarter starting on January 1 of each year. The Directors of the Association shall give written notice to each Owner as to the amount of the quarterly assessment required to be paid by said Owner at least fourteen (14) days in advance of the date such assessments are due and payable. Such assessments, based on the estimate, shall be due and payable on the date specified in said notice or as provided by the Bylaws of the Association. Special assessments shall be due and payable within thirty (30) days after written notice of the amount thereof is given to each Owner. Quarterly assessments and special assessments shall bear interest at the rate of twelve percent (12%) per annum from the date such assessments become due and payable. Failure of the Directors of the Association to give timely notice of any assessment as 6 • • provided herein shall not affect the liability of any Owner for such assessments, but the date when payment shall become due in such a case shall be deferred to a date thirty (30) days after such notice is given. (6) Lien for Assessment. All sums assessed against any Lot pursuant to this Declaration, together with interest thereon as provided herein, shall be secured by a lien on such Lot. Such lien shall be subject to liens and encumbrances recorded prior to the date of recording of this Declaration, and shall be superior to all other liens and encumbrances on such Lot except (i) valid tax liens in favor of any governmental agency or authority, and (ii) a lien for all sums secured by a first mortgage or first deed of trust duly recorded in the records of the Clerk and Recorder of Garfield County, Colorado, including all unpaid obligatory advances to be made pursuant to such mortgage or deed of trust and all amounts advanced in accordance with the terms thereof. All other lienors acquiring liens on any Lot after this Declaration is recorded, shall be deemed to consent and agree that such liens shall be inferior and junior to future liens for assessments as provided herein, whether or not such consent is specifically set forth in the instrument creating such liens. To evidence a lien for sums assessed pursuant to this Section, the Association shall prepare a written notice of lien setting forth the amount of the assessment, the date due, the amount remaining unpaid, the name of the Owner of the Lot and a description of the Lot. Such a notice shall be signed by an officer or Director of the Association and shall be recorded in the office of the Clerk and Recorder of Garfield County, Colorado. No notice of liens shall be recorded until there is a delinquency in payment of any assessment. A lien for sums assessed pursuant to this article may be enforced by judicial foreclosure by the Association in the same manner in which mortgages on real property may be foreclosed in Colorado. In any such foreclosure, the Owner shall be required to pay the cost and expenses of such proceedings, the cost and expenses of flung the notice of lien and all reasonable attorneys' fees. All such costs and expenses shall be secured by the lien being foreclosed. The Owner shall also be required to pay to the Association any assessment against the Lot which may become due during the period of foreclosure, including any and all utility management services costs. The Association shall have the right and power to bid at the foreclosure sale or other legal sale and to acquire, hold, convey, lease, rent, encumber, or otherwise deal with the same as the Owner thereof (7) Personal Obligation of Owner. The amount of any quarterly or special assessment with respect to any Lot shall be the personal obligation of the Owner of such Lot. Suit to recover a money judgment for such personal obligations shall be maintainable by the Association without foreclosing or waiving the liens securing the Owners obligation hereunder. No Owner may avoid or diminish such personal obligation by waiver of the services to be provided hereunder or by the abandonment of such Owner's Lot or any improvements thereon. 8. General Provisions. (a) Enforcement/Attorneys' Fees. (1) Enforcement by Declarant. The provisions contained in this Declaration shall run with the land benefitted and burdened thereby. These provisions may be enforced by the Declarant. Each Owner by acquiring an interest in a Lot irrevocably appoints the Declarant as such Owner's attorney-in-fact for the purpose of enforcement. Violation of any of the provisions herein contained shall give the Declarant the right to enter upon that portion of a Lot 7 wherein said violation or breach exists and similarly to abate and remove, at the expense of the Owner, any structure, thing or condition that may be or exist thereon contrary to the provisions hereof when a clear and imminent danger or emergency exists; to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of the provisions hereof to enjoin or prevent them from doing so; and to cause said violation to be remedied or to recover damages for said violation. Every violation of this Declaration or any part thereof is hereby declared to be and to constitute a nuisance, and every public or private remedy allowed therefor by law or equity against an Owner shall be applicable against every such violation. In any legal or equitable proceeding for the enforcement or to restrain the violation of this Declaration or any provision hereof, the losing party or parties shall pay the reasonable attorney's fees of the prevailing party or parties in the amount as may be fixed by the court in such proceedings. All remedies provided heroin or at law or in equity shall be cumulative and not exclusive. The failure of the Declarant to isiforce any of the provisions of the Declaration shall in no event be deemed to be a waiver of the right to do so for subsequent violations or of the right to enforce any other provisions hereof. (2) Enforcement by Association. Notwithstanding the right of enforcement provided to Declarant above, the Association shall have the right, along with the Declarant, to enforce the provisions of this Declaration. The Association's right to enforce the provisions of hereof shall be identical to the right of Declarant to enforce the Declaration, and the Association shall be entitled to recover its costs, including any reasonable attorneys' fees, in the event it is the prevailing party in any proceeding for the enforcement. All fees, charges, late charges, attorneys' fees, fines and interest incurred by the Association resulting from its enforcement of this Declaration against an Owner shall be collectible from that Owner as an assessment and secured by the lien described herein. (b) Rules and Regulations. The Declarant shall have the right to promulgate and adopt such reasonable rules and regulations as may from time to time be required in order to carry out the purpose and intent of these covenants. (c) Amendment. These covenants may only be amended by the Declarant or the Association after obtaining the written consent of the Owners of two-thirds (2/3) of the Lots. No amendment to these covenants which would affect the use or occupancy of less than all Lots will be effective without the prior written consent of the Owners of those Lots which are effected. (d) Term and Termination of Covenants. The term of this Declaration shall be perpetual, unless terminated by the Declarant, a successor Declarant or the Association. Declarant or the Association may only terminate this Declaration after obtaining the written consent of the Owners of two-thirds (2/3) of the Lots. (e) Provisions Incorporated in Deeds. Each provision contained in this Declaration shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any Lot is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument. 8 • (f) Colorado Law. The interpretation, enforcement or any other matters relative to this Declaration shall be construed and determined in accordance with the laws of the State of Colorado. (g) Severability. Invalidity or unenforceability of any provision of this Declaration in whole or in part shall not effect the validity or enforceability of say other provision or valid and enforceable part of any provision of this Declaration. IN WITNESS WHEREOF, Declarant has executed this Declaration of Covenants, Conditions and Restrictions this day of , 2000. Declarant: A. A. LAWSON STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing Declaration of Covenants, Conditions and Restrictions for Prehm Ranch was subscribed and sworn to before me this day of , 2000, by A. A. LAWSON. WITNESS my hand and official seal. My commission expires: Notary Public 9