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HomeMy WebLinkAbout1.0 Application{ I \ BEF'ORE THE BOARD OF COUNTY COI,lMlSSIONERS OF GARFIELD COUN?Y, COLORADO PETITION-FOR EXEMPTION Pursusant to C. R. S amended, and the Subd adopLed Apr i1 23, l9g4 . (1973) Secrion 3O-28-t0t ( 10) (a) _ (d ivision Regulations of Garfield County, Cofojra r'l t asi loloiraclo Section 2220,49, the undersigneil {>t,it)i.;; ;- i ,Ol 4,,:t 4 of Countir commissioners of Garf ierd county, colorado, to exempt rrvi Resolution rhe division ot:/.-5--acre rracr of rand Lnto__4 tfu"r" of Iapproximatery-----]---__acres each, more or 1ess, from the clefinitions of"subdivi-sion" and subdivided 1and" as the terms are used and aurinLo inc'R's' (1973) section 30-28-101 (10) (a) (d) and rhe Garfield.o,i,n., subdivision Regurat.ions for the reasons stated berow, i -------5-t..-__-4_{t&i_.-rz_____!-::-t/::--_s________ ----r--- I i I I :u BUIIS+!_EEQ.q r R E 1,1 E N rs :An applicabion whfEfr'-satisfies the revall the following infor*uiion.iew criteria I I must be submitt.ed wi th /-'X Sketch map at a minimum scale of I " =200 , showing thi 1 egaldescription of tl" piop"rtv, dirnension and area of a11i10ts orseparate interests to be ';.;;r;;;- access to a r publ icr ight-of-wayr dDd any proposed easements for d4ainage,-iltigaLion, access or utltiries; :vicinit'y map ab a minimum scale of r "-2000, showing an" igeneraltopographic and geogr;phi" reration of !lru proposed exempjtion rothe surrounding arei wirrrin i"o-izr-*iresl-i5f r[i"r.r a,copy ofu.s.G.s. quadringr" *up *iy be usea. 'rrrr'v" ' Lor wnl ,Copy of the <leed showing ot\,nership by bhe appl icant, or a Ietterf rom the proper rv owner (i ) if ;a;;; Ll"; !h" appl icanr; aridNames ancr addresses of owners of record of ra'd immqdiatelvad joining and within zoo- f;;l-oi- rhe iropo""a exemprion r imin".uiowners and lessees of mineral orn"i"-oF record of tire property to::""":Xi}Xi"i;u uno tenants or' inv--structur" piopos!d ror evidence of tfu soil,types ana characteristics of each tyJu; and::::i":: l:?;1 _and aclesuare sour ce of domesric watei -ror elach ror!r.* pi"." " €l:q,,_ji:::i"::'";;p;[;;r';;rr connecrion ro a commu;iiy';;';;;iHai'ffi;-;; seweri sysremis proposed, a letter from in"-";;;".ni'g body starling allillingness Eo serve; and e'ru v.,v.,LIrrll9 Douy INarrative explaining'wrry exemption is being requested; unoir t shar ] be demonsIratea Lr,uL rh; ;;r IJr exisred as ,]e"criiirea onJanuary 1, 1973. or Ehe farcet as it exists ei"""ntiy isl o.e of:;i"i:5"":nS:",::;-i, fi;:i." createa i.o* a ia.s". pi."*ir -u" i; A $100.00 f;i'*u"t be submibted with rhe appricarion. l I ",6. ---<- , u.D. T EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power tolexempt adivision of land from the definition of subdivision and tfrereUy I from theprocedure in these Regulationsr pEoVided the Board determines t$at suchexenption will not impair or defeat the staLed purpose of ilre su$aivisionRegulations nor be detr imental to the general buUf ic welfare. The Boardshal 1 make exemption decisions in accordance with the requir 6ments ofthese regulations. Following a review of bhe individuat ra6ts i of eachapplication in light of the reguirements of these Regulations, t.f," Boardmay aPprove, conditionally approve or deny an exemption. An applicaEionfor exempbion must satisfy, at a mininu*, dli of the review, cr iter ial isted be1ow. Compliance with the review criteria, f,owevur, does lotensure exemption. The Board also may consider adclitonal facEors listed inSection B:60 of the Subdivision Regulations. r I rlwe1l ing sbr ibed in0ff i ce ol'l ; i however, tia public il road ) or s I and thet,irre, suchr(1, not be ol the four I ftherwise : of-way andare in the nl terms ofity, anci a Fndehts have a1 of four (4) lotsr pdrcels, interests oted from any parcel, as bhat parcel was dethe Garfield County Clerk and Recorder'snd is not a patt of a recorded subdivisione divided by exempbion that. is split be or Federal highway, County road or rareventing joint use of the proposecl tractong bhe public right-of-way or nat.ural feaeated moy, ar the discretion of the Boabeen created by exemption rvith regard tinterest or dwelling unit limitaLion y zoning reguirement.s will be met; andwill have legal access to a public rigl:t-cess easemenEs have been obtained orbtained; and made for an adequate source of -water iptrysj.cal qualiEy, guantity and depenclabil ewage disposal to serve each proposed loE;1 environmental health an<l safety requiremthe process of being met; and No mor e than a totunits will be creathe records of January 1, 1973, aany par ce1 to b r ight-of-way ( Statnatural feature, pCivision occurs alparcels thereby crconsidered to have(4) 1ot, parcel, applicable; A11 Garfield Count A11 lots createdany necessary acprocess of being oProvision has beenboth the legal andsuiEable type of sAll state and loca been met or are inProvisi.on has be improv,ements; andFire protection haAny necessary drobtained or are inSchool fees, taxes(The School Impact A. en made for any required road or storm drainage s been approved by the appropriate fire district.ainage, irrigation or utility easements have been B. D. G. H. I. PROCEDURES A requestprovided byDivision. information the process of being obtairred; andhnd special assessments have been pa id.Fee is $200.00 for each new lob crbated). for exemption sharr be submitted to the Board on formsEhe Garfield county Department of Development/planningTwo (2) copies. of the application, maps an-a supprementalshall be submitted i ng Division shall review the exempbion requEst. for " yi!!,in eight ( B ) days of submi ttal-. rf incompp.ere, theshall be withdrawn from consideration and uhe'appricantthe additional information neecjed. If the applibilion ishe applicant, sha1l be notif ied in wr it.ing of- tfrel time andthe Board of County Commissioners meeIins at hf,i"t", b]:e11 be considered. In either caser Dotificati5n sfrhil occureen (15) days of submirbat. I B. The planni compl etenesapplication noEified ofcomplete, tplace of request shawithin fift Notice of the public meeting shall be mailed by certified mairecei?t Iequested, to owners of record of :.ana immediatelyand within 2oo feet of the proposed exemption, to n.i;;;;i'lessees of minerar ovrners or record of the land proexemption, and to tenants of any structure proposed for cth" exernptitrn site shall be posted clearly uno conspicuouslIfoT a public right-of-way witt norice "ign. provided by rheDivision. All notices srrirl be mailed at Jeast fifteen ( l5more than thirty_ (30 ) days prior t.o the meeting. tr," appribe responsible for mailing the notices and sharl preserrmailing at Ehe meebing. At or wirhin fifteen ( l5 ) days of Ihe meeting, they tire e;;;;E i"" r esraaon h^ t^- l^-.1 ^1reasons for denial or any condirions of lppi;;ui';;;ii-;"';:the minutes of.the meebing or in a wribten resolution. Andenied exemption shatl fo1low the subdivision pioceaurRegula t ions . r (€turn djoining ner s andsed for ver s ion .visible P1 anning) and notnt shal Iproof of rd sha1lst. Theforbh inpplicanL in these ORTHOPEDIC CLINIC, P.C. 808 SOUTH 52nd STREET OMAHA, NEBRASKA 68106 (402) 558-4145 GERALD E. RIES, M.D. ANIL K. AGARWAL. M.D. May 7, 1987 Dear Commissioners: My wife and I would separate parcels. land available for consideration. We to seII off some of MICHAEL J. MORRISON, M.D. RICHARD P. MURPHY, M.D. tland and Mirrosurgery WERNER P. JENSEN, M.D. (CONSULTANT) Yours/ tru1y, er ,ii like to subdivide our property into four We believe that there would be adequatethat, and would certainly appreciate yourare doing this in order to have the abilitythe land if we so desire. //,'*/-; Gdrald GERr/1am I "-ra' E. Ries, ORTHOPEDIC CLINIC. P.C. 00E SOUTH 52nd STREET OMAHA, T{EBRASKA 68106 (,f02) 558-4145 GERALO E. RIES. M.D. ANIL K. AGARWAL, M.D. MICHAEL J. MORRISON, M.O. RICHARD P. MURPHY, M.D. Ilaad and Nkrostrgcty WERNER P, JENSEN. M.D. (CONSULTANT) April L0, 1987 Dear Commissionerss rn regards to Question frr* r r talked to patty yost at the countyAccessors Office, and she showed me in Book No. 378-page 264 tfrlton July 1, L966 the deed from charLes and Mary Harris to Jerryand Cormae Yeakel. E, Riesr M.D, GER/1am Gerald OWNERS TO BE NOTTFIED 1. Trudi Peet -- St. Finnbarr Farm 3275 100 Road Carbondale, Colorado 81623 2. I4r. & I{rs. William Gilligan -- 3222 Road 1OO Carbondale, Colorado 81623 3, Board of County Cornmissioners 4, Rex CoffrnErr -- 1837 Road 100 Carbondale, Colorado 81623 5. Denver & Rio Grande Railraod -- Prop€rty Tax Department P.O. Box 5482 Denver, Colorado Tlil Fclm 't00.29 AZ 484894 GL 0372 Schultz /Ries of Title Insurance The Company hereby insures against loss which the Insured shall sustain by reason of: damage to existing improvements, including lawns, shrubbery or trees, resulting from the exercise of any right to use the surface of said land for the extraction or development of the minemls excepted from the description of said land or shown as a reservation in Schedule B. The total liability of the Company under said policy and any endorsement thereto shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the Conditions and Stipulations thereof to pay. This endorsement, when countersigned by an authorized officer or agent, is made a part of said policy as of the policy date thereof and is subject to the Schedules, Conditions and Stipulations and Exclusions from Coverage therein contained, except as modified by the provisions hereof. March 7, 1985 pr Dated: --frn-e lxsunnNce fion,leeNy oF [[f rNNesorn [rr-e l*ruRANcE [oMpANy oF [{rNNESorA a Stock Company of Minneapolis, Minnesota ENDORSEMENT To be attached to and become a part of Policy No. Company of Minnesota. sstlljtr. SB.trt Secretary I**,, WARRANTY DEED 4r! THIS DEED, Made this .W drl,ot March 19 85. hctwccn Larr:v A. Schtrltz ) ler. of the *County ol' Garf ield Statc ol'Cokrrado, urantor. and Gerald E. Ries and Mary A. R1+:r-r whose lcgal adrlrcss is 806 South 96th Street, xxxle &r[xPi,xx STATE OF CoI-ORADO Omaha, Nebraska 68114 ll l xxd<*t:fi{:o*A$lsxtr{o( srt n tc e s : wl'l-N[r.ss. rlrrrt rhc !rnrnl()r. lirr:rrrtt irr c.nsitlcrlliorr ol rlrc surrr or' Ten Do l l.:rrs ($ 10. 00) o.,a othid*ppiaelations grant, bargain. scll, ctlnvcy and conlirnr r.rnto thc grantccs, thcir hcirs anci assigns lirrcvcr. not in tcnlncy in cortrnton but injoint tenancy, ] all thc rcal proper(y. togcthor with inrprovcrncnts. il'any. siruatc. l-"-ing and btins in thc County oi iGarfieldantl Statc ol'Coloratlo. describcd as tirllow,s: That part of the NE 1/4 SW 1/4 and Lot 12, Secrion 31, Township 7 South, Range 87 West of the 6th P.M., lying between the Roaring Fork River and the right of way of the T)enver and Rio Grande Western Railroad also known by street and nuntber as 262I Road 100, Carbondale, Colorado 'I'OGETHER with all and singular the hcrcditanrents and appurtcnanccs rhcrcunto belonging. or in anywise appertaining and the reversion and reversions, remainder and renrainders. rents. issues and profits thcrcof. and all the estate. right, title, interest. claim and demand whatsoever ol'the srantor, cithcr in law or cquity, of. in ancl to the ab()vc bargaincd prenriscs. with the hereditaments and appurtcnanccs. and assigns forcver. And thc grantor. lbr hinrscll. his hcirs and pcrsonul rcprcsentutivcs. docs covcnant, grant. bargain and agree to and with thc grantccs, their hcirs and assigns. that at the time olthe ensealins antl <Jclivcry ol these prcscnts. he is wcll seized of the premises fronr all lilrnlcr and othcr grants. bargains. salcs. licns. tuxcs. asscssnrcnts. cncur)tbranccs ;.rntl rcstrictions ot-whatever kinrj gr nature soever.excepr and subject to those matters set forth and described on Exhibit A attached hereto and made a part hereof by this reference and the abovc bargained prentiscs in the quict and peaccable posscssion ol'thc crantces. the surviv6rol'thcnr. theirassigns and the heirs and assigns of such survivor, against all and cvery person or pcrsons lawl'ully clainting or to clainr the whole or any part thereof, the the use ol'any ecndcr shall bc applicablc to ull rcnders IN WITNESS WHEREOF thc qrantor has cxccutcd this dccd on thc darc scl lirrrh above. L tE -,-,l_; '--' lE .) -iO --- r,',U::r, -' )< =(r'ro ., :.,-, flr 'r ':i: _,t t-t I L( i -.; ,,, ,-) -- --- rl ;r- '-, I\ ii: t(r (.-' -J I i l l ,-\ l c.unry.t P-t-N- "--).' The forcgoing instrument was ac\nowledgcd bclirrc nte in thc Colorado. I h i s .)L-4dry,, f ) - 3e_(! . _,_- .r-^ 4 U ii ll County of Larry A. lr*-h"-,-, Schultz ", t.ii ^.' ,- rsr.,{I,1 ; f,\ :ji:i -:"-,', 1 " 1,...'iL$-...'" | '/' "]rti"""'"" ' ] "ll in I)crvcr. rrrscrl "Citv :rn.lri No. 9214. Rev. 2-84. w^RRAN'l'l l)E[l) ('fo.loint'lenanrs) Brr!,ti)r(t l\hlishing. 5li]5 w th Alc . L.rtrw(xd. (-o uo:l.l ( ()lI t.t-1-69(x) r.-teKS . r,v Witness my hand and official seal. M1. Conrnrisisun expircs L- --ro titll)x 665 ptcitOl mafdT'5's%s Stato Doc. Fee $ _-fr 'a State of I 7, ::-c^ (n . teLd No._--- WARRANIY DEED TO s'l'A'l'F: oF'C()l,oRAD(). I l.=. ('ount]'of ..,- -- --j I hrrt by ccrtify that this instrument was filed for rt'cord in nry office this ---=--- day of . 19-, at o'clock ---M., and duly recorded in Book..-.---. Page-. Film No----=- Reception No. re By-, ' Deputy. Fees, $ ?-*,iffiffir'o",,,, B00x 6&5 PrctlQ? EXHIBIT A Exceptions to Warranties of Title General taxes and assessments for 1985 and subsequent Reservations and exceptions contained in the United 1. year s. 2-States Patents to the described property recorded as Document No.512238 in Book 7l at Page 603 and Document No. 18504 in Book lzat Page 358. 3. Right of Way and Easement for the Denver and Rio Grande Wester n Rail road . Right of way for East-West County RoadBridge crossing the Roaring Fork River across theter of the Southwest Quarter and Lot L2, SectionSouth, Range 87 West of the 6th p.M. 5. Launsbury Ditch and Pipeline as set forth in Warranty Deed recorded November L, 1974 as Reception No. 265242 in Book 466 at Page 24. 6. Right of way granted to Rocky Mountain Natural Gas Com-pany, Inc. on August 19, 1961, 50 feet in width to luy, maintain,operate, repair, alter, inspect, protect, remove and replacepipelines, valves, valve boxes and other gas distribution andrelated facilities. These documents appear in the GarfieldCounty records as No. 2L5439 in Book 337 at Page 236 and as No. 2.15438 in Book 337 at Page 235. The precise description of theright of way does not appear in the instruments, however itstates that the center line of the easement shall be shown on aplat to be recorded in the office of the Clerk and Recorder ofGarfierd county. A plat of a transmission line for Rocky Moun-tain Natural Gas Company, Inc. was filed on May 4, 1962 as Docu- ment No. 217443 in R.B. 3 at Page 125. 7.Right of Way Company, fnc. recorded Book 472 at Page 163. from Catherine Northeast Quar-31, Township 7 and Easement to Rocky Mountain Natural GasApril 16, 1975 as Document No. 267103 in IJ Yd(J, (]Y il Bll,lr- t-zfoU 6 ut ILe, o t: li)Or:]ln .<'.. Eo,-,o--.)u r', $ o') i-1 C c,, '': ,"-.- L)-.;,, :: ) '\t* (- .-U l- ( ri: :,1 -.)| Recorded ut 3--.13-_o,clock-p_M., ,vd\R_tt_4_ll85 _ /rI-. .... _.*".*,'o,*o-, ,99q? :*? ' :+ ( S4nearaer , , ,7j I Recorder's Stamp TUIS DEED, Made this # Y ' - day sl llarch , I19 85 , between Larry A. Schultz ofthe Colorado, ofthe first part, and Gerald E. Ries and }lary A. whose legal Nebraska 6f{fu€r ' WttnESS my hand and official seal.... .'* " . :, ,, - ".\ .- t ,' County s1 Garfie14 State of Ries B00tt 665 prcilQ$ GARFIELD MAR 0 4 l38l' State Doc. Fee $ z"v.-_.-. addressis 806 South 96th Street, Omaha, 68114 Gwxtftsf,xnd)sus,tuu{ &lors&cryof the second part: WITNESSETH, That the said part Y of the first part, for and in consideration of the sum of Ten Dollars ($10.00) and other good a.nd valuable considerations. EIOOUIHHI to the said part Y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and quit claimed, and by these presents do es remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest and demand which the said part y of the first part *;i.,tiland to the following described Dot ,ut".*Tfld*ffi.n ,iEf;Hud situate, lving and County of Garfield and State ofColorado, to wit: A11 water and water rights, ditches and ditcl-r rights, we11s and well rights appurtenant to or historically used upon or in connection with that certain real property described as that part of the NE 1/4 SW l/4 and Lot 12, Section 31, Township 7 South, Range 87 West of the 6th P.M., Garfield County, Colorad lying between the Roaring Fork River and the right of way of the Denver and Rj-o Grande Western Railroad, specifically including without limitation all of party of the first partrs right, title and j-nterest in and to the Launsbury Ditch and Pipeline and the 0.78 c.f.s. of water entitled to flow therein unde Priority No. 74I. rlstillo{ffi ue€artrttswmhar TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said part y of the first part, either in law or equity, unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy.l IN WITNESS WHEREOF, The said part y of the first part ha shand and seal the day and year first above written. i Signed, Sealed and Delivered in the presence of hereunto set his - /? ISEALI SEAL] tsEALl STATE OF COLORADO, I county t C't h--,---.'f "'' -The foregoing instrument was acknowledged before -" 11ri*=) (-L a^, 19 85 ,by ],arry A. Schultz. .t-.)My corn'mi'ssion expires t_-.-of-O - KJ \ )r ,1 /^-\ ,-) i Notsry Public' \ Larry A. No.962. QUfTCLAIMDEED.-ToJointTenrnte.-BradfordPubliehingCo., l846stoutstreet,Denver,Colorado(6?g-60tr)-l-?8 QUMCLAIMDEED TO Joint Tenants. nty of I hereby certify that this instrument was filed for record in my office this -day of.19_, at -o'clock-M., and duly recorded in Book-, Page- By Deputy. ffi STATE OF COLORADO 1", GARFIELD COUNTY ?JE-GO*t,VuXt-i'O"'r-"1 7' c ' 5zz e. Y#,;*A4e4 Ao 9/6n rrrs S,<--l'5-L 1. APPLI I(]Ii iTOIt I{ATI]R ALLOTMENT ( TRACTB. .'LT I{ATF:R (lo!\tSERVANCy Drst..-cr Applicant's Name (s) cBnar,o g. a t{.ARv a. R1E-.! Addressr262l Road 100 Carbondale, Colorado 81623 Telephone No.3 03- 963-1251 2. Type of land use (developmenl-) proposed for vater allotment contract:Sinqle family dwellinqs 3.Legalrights Quarter description of property on i,rhich Distric:L's water ancl,/or Ruedi Reserroir cont-rar:{: urater shall- be used; Quarter, Sectioi-r., Townshipl Range (a-utach map)* Tract in NEl/45\lL/4 plus lot 12, Section 31 T7S, RB9 W of the 6th P.M. 4.Elevation zone of property 6-7,OOC ft. _7-8,000 fr. 8-9,000 fL. Name and lega1 description of water supply diversionpoint(s); include Quart.er Quarter, Section, Township, Ranqe,bearing anC distance frorn nearby Section cornerif wel1, spring, pipeline, etc.)* ( identify One WELL presently on the property, Property has 6. 7. 1600 feet alonq the Roaring Fork Rj-ver. Has Applicant applied with the Water Court for water rightsr ehange of urater rights and/or a lrater right plan for augmen- tation? >(_yes noi Water Court Case No. Proposed waste vater treatment slrstem: (please check) _ .-Tap to central wasLe water trr:atment facilityX Septic tank / leachfield system EvapoLranspiration system Other: Proposed use of water: (.olease check) -X-Domestic/Municipar Isingle family horne( s ), duplex( s ), condominj-um(s), mobi]-e home(s), apar:tmenL, hotel]. Please complete page two of this application. Commercial (office, warehoitser r€staurant-,bar, o\J. i:etail ) . cat-ion. Industri-a1 Please conplete page three of this appli- (gravel pit, inanufactui:ing). Please go.t/ernril€)ntal lega 1- l','ate r F.esolrrtictr or be submitted cornplete page three of tir-Ls ;rpplication. --agricultural ( crop irrigatJ.on, stoci< watering ) Please complete page four of' tiris applicaLion Dat-e on which the county or: other applicable entities approved the land use for I'rjrir:h you scek S(},i^VICE:(wote: Copy of the other docunreril-crti.on evidencj rrg srrcir a.oproval shoul-clwittr application, CURRENTLy UI.iDER CoNSIDERATIoN. The undersignecl acknorrl r-..lges receipt cf t--i:.r: Dj-s:trict-' s !{aler: Al.lotment cont.r:act and <rgrees that this Applt'-catj-on j-s purstrartL Lo L-irr-. Lerms and conci i tions; . t--lr,; r'f r)f..I, .: l,'\ .-,./ .:) / '.- /,-l , S i.qynatr-t re *'Att;lcli acirJ. i i". j r.":rr.arl. sheetsr ds f orrn made - ,,2 t) il(_1Cr355;,1 1'-1r i-tatr: Page Two Please complete this page if you checked <iomestic,/municipal use on #8e page 1. DOMESTIC ,/ ITTIUTCIPAL WATER USES In-house Single-family residential home(s)r Number of units 3 Number of bedroor.rs,/unit 3 Duplex( s )Number of units Number of bedrooms,/unj-t. Condominium( s )Number of uni-ts Number of bedrooms,/uni-t Hotel/Apartment MobiIe Home(s) Number of units (rooms)- Number of units f rriqation ( g par}cs., open space ) Totat area to be irrigatea 1'.f lic/-tr4. ft. orApp5g5l4acres Tlrpe of irrigation system: (please checl<) x sPrinklerFlood (irriqation ditch) Domestig stocl< traterj-nq (cattler horses) Number of animals: NONE Period of use (montirs): gther domestic,/nLunicipal usgs not listgd: -- NOIE Page Three Pleaseindustrial complete this page if you eheclced commercial oruse on #8, page 1. COMMERCIAL WATER USES fn-House Office(s), square footage: Warehouser/distrj-butorl seudr€ footage: RetailT seud"r€ footage: Restaurant, number of seats: Barr number of seatss Irriqation (tawns, parks, open space) Total area to be irrigated se. ft. Type of irrigation system: (please check) Sprinkler Flood (irriqation ditch) Othe_r Commercial. Uses Not Listed l acres TNDUSTRIAL WATER USES Please describe your industrial development in some detail: Irriqa'Lion (lawns, par)<s, open space) Total area to be irrigated ___- sq. f t. Type of irrigation system: (please chec]<) Sprinkler Flood (irrigation ditch) Page Four Please r:onrfrlete this page if you checked agricultural Lrs{i orr rrurnber 8, page 1 . AGRICULTURAL WATER USES Irqiqation Type of crop(s) [pasturer alfalfar beans, eLc, ] and i-rrigation system: Crop.i Acres_i Sprinkleri -Floodi Acres-i Sprinkler; FloodCrop. Crop.i Acres , Sprinkler; -FloodCrop.; Acres-i Sprinkler; -Flood Elg_gk Waterinq (cattle, horses): Number of animals: Months of use: Other acrricultql:a1 uses not list-e.d: tc(a,!c-,.r - '--' l: .) -- O -:i t,'lu'=$a2 =or/)rD > '..!, ,'t "' .= :Joai(.' ;:; cr, 0 ),:]-- -: () 'ir r- ii rU ((i u- -t I c <-/ltltJ! WARRANTY DEED 4r_THIS DEED, Madc this .* tlll,rrl March 19 85. hctwccrr Larrv A. Schultz of the *County of Garf ield and Statc of Colorado. grantor. irnd Gerald E. Ries and Mary A. RJ+:s 665 pAcr101 r-lnfdT'5boes Stato Doc. Feo $ [(l '{r whose lcgal adilrcss is xrfxrr 806 South 96th Street, Omaha, Nebraska 68114 @16]ip9xx xxd<qffn )o:i&{bxlitu( grantces: wll'NIlss. lhirl lhc!riurl()r.tirr':rrrtl irrconsitlcnrlionol'rhcsurrrol' Ten Do.l.,l.;rrs ($10.00) ".ra othidamffildtl"tionsrr.rrrr\,r. r('r .rrr(r rrr l(,ll\l(lulilll(,ll ()l lllc \tllll ()l I en lrO-t_,l_nI- S ( I I (l . l.]tr,) anct ;(DIQIDOfidtrK i grant' bareain. scll. convcv and con{irnt tlnto thc grantccs. thcir hcirs antl lssisns lirrcvcr, not in tcnancy in conrmon but injoint tenlncy, I iall the rcal prope rty. toscthcr with inrprovcrlcnrs. il'any. situatc. ll'inc tnd bcins in thc Garf ield and State ol'Colorado. dcscrihr.d as tirllows: curn,y ni' I That part of the NE 1/4 SW 1/4 and Lot !2, Section 31, Tovrnship 7 South, Range 87 t{est of the 6th P.M., tying between the Roaring Fork River and theright of way of the Denver and Rio Grande Western Railroad also known by streer and number as 2621 Road 100, carbondale, cororado ToGETHER with all and singular thc hcreditaments and appurtcnances thereunto belonging, or in anywise appertaining and the reversion and reversions' remainder and renrainders. rents. issues and protits thcreof. and all the estate, right, title, interesr. claim and demand whatsoever of the grantor, either in law or equity, of. in and to the abovc bargained premises. with the hereditaments and appurtenanccs. 'l'O HAvIi AND'l'() HOLD thc said prcntiscs uhtrvc bargaincd untl tlcscribcrl. u,irlr rhc irppurtcnlnccs. unt() thc gri.ln(ccs, thcir hcirs and assigns forever. And thc grantor. lbr hirnscll. his hcirs and personal rcprcscntatives. does covenant. grant. bargain and agree to and with the grantees, their heirs and assigns. that at the time o[the ensealing and delivcry ol'these presents. he is well seized of the premises above conveyed. has good. sure. 1^*rfcct. absolutc and indcfcasihlL'cstatc ol'inhcritirnce. in law. in lcc sinrplc. untl h:rs good right. full powerand lawl'ul authority to grant. bar-qain, scllantl convcy thc sanrc in nranncrand lilrnr alilrcsuitl, and that the samc are trcc andclear from all fornrer and othcr grants. bargains, sales, licns. taxes. assessnlcnts. encunrbranccs and rcstrictions of whatevcr kind or narure soever, except and subject to those matters seE forth and described on Exhibit A attached hereto and made a part hereof by this reference and the abovc bar-uained premiscs in the quict lnd pcaceahte posscssion ol'thc grantccs. the survivor ol'thcnr. their assigns and the heirs and assigns ol'such survivor' against all and cvery pcrson ()r pcrsons lawlully claiming or to clairr the whole or any part thereof. the the use ol'any gcndcr shull be applicahlc to all qcndcrs. IN wlTNESs wHEREoF the erantor has cxccutctl this dcc-d on thc dxtc sct lirrth abovc BASALT WATER CONSERVANCY DISTRTCT WATER ALI,OTMENT CONTRACT(Pursuant to C.R.S. L973, 37-45-131) The undersigned Applicant has applied to the BasaltWater Conservancy District (hereinafter the f'District"), apolitical subdivision of the State of Colorado, organized pursu- ant to and existing by virtue of Colorado Revised Statutes , L973, 37-45-LOL, et secl., for an allotrnent Contract for beneficial useof water rights owned, Ieased, or hereafter acguired by theDistrict. By execution of this Contract, Applicant hereby agreesto the following terrns and conditions: l-. QUANTITY: In -consideration of the covenants andconditions herein contained, Applicant shalI be entitled toreceive and apply to beneficial use 0.033 cubic feet of water per second from ths District direct flow rights and O.7 acre feet of storage water owned or cont+olled by the District. 2. SOURCE OF ALIOTTED WATEE: Water rights allottedpursuant to t om the District's waterrights decreed to the Basa1t Conduit, Landis Cana1, Stockman'sDitch Extension or other decrees or water rights hereafteracguired by the District, including the District's contractualright to receive storage water from Ruedi Reservoir. TheDistrict sha1I have the right to designate the water right or Decree of the District from which the Applicant's allotted rightsshall be obtained. The Applicant's use of any of the District'swater rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's saidrights. Exchange releases made from the District's storagerights in Ruedi Reservoir or other works and facitities of theDistrict shall be delivered to the Applicant at the outlet worksof said storage facility and release of water at such outletworks shall constitute full performance of the District'sdelivery obligation. Delivery of water from the District'sstorage rights in Ruedi Reservoir shal1 be subject to the Dis-trict's lease Contract with the United States Bureau of Reclama-tion and any rules and regulations promulgated pursuant thereto. 3. PURPOSE AND IOCATION oF USE: Applicant will usethe waters nere rposEs limited to the augmentation .of existing and future wells and other watersources, within or through facilities or upon lands owned,operated or served by Applicant, which lands are more fullydescribed on Exhibit rrAtr attached hereto; provided that thelocation and purpose of Applicant's use of said water sha1l belegally recognized and pennitted by the applicable governmental authority having jurisdiction over the property served. Appli-cant's contemplated usage for the water allotted hereunder is forthe following use or uses: DOMESTIC Applicant acknowledges that usage of the District'swater rights as herein contemplated shall be in lieu of or supplemental to Applicant obtaining or adjudicating, oD its own,the right to use certain waters. It is acknowledged that certainIocations within the District may not be susceptible to servicesolely by the District's water rights allotted hereunder or theDistrict's said water rights may not satisfy Applicant,s needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rightsr oE in the event saidservice is inadeguate, Applicant rdy, utilize such other waterrights, by $ray of supplementing the District,s water rights, oFotherwise, as is necessary to assure water service sufficientlyreliable for Applicant's intended purpose or purposes. A1llands, facilities and areas served by water rights allottedhereunder shall be situated within the boundaries of theDistrict. The District reserves the exclusive riq,ht to reviewand approve any conditions which may be attached to judicial approval of Applicant's use of the District,s' water rightsallotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allot-ment of water rights hereunder, including, but not limited to, reimbursement of legaI and engineering costs incurred in con-nection with any water rights adjudication necessary to allowApplicant's use of such allotted water rights; provided, however,in the event any such adjudication involves more of theDistrict's water rights than are allotted pursuant to thisContract, Applicant shall bear only a pro-rata portion of suchexpenses. Applicant shall be sole1y responsible for providing works and facilities, if aDy, necessary to utilize the District'swater rights allotted hereunder for Applicant's beneficial use. Water service provided by the District shall be limitedto the amount of water available in priority at the originalpoint of diversion of the District's applicable water right andneither the District, nor those entitled to utilize theDistrict's decrees, mdy call on any greater amount at new oralternate points of diversion. The District shall reguest the Colorado State Engineer to estimate any conveyance losses betweenth+-original point and any alternate point and such estimateshall be deducted from this amount in each case. The District,or anyone using the District's recrees, rdy caII on any addi-tional sources of supply that may be available at an alternatepoint of diversion, but not at the original point of diversion,only as against water rights which are junior to the date ofapplication for the alternate point of diversion. In the event the Applicant intends to develop anaugmentation plan and institute lega1 proceedings for theapproval of such auqmentation plan to aIIow the Applicant toutilize the water allotted to Applicant hereunder, the Applicantshal1 give the District written notice of such intent. fn- the event the Applicant develops and adjudicates an augmentation plan to utilize the water allotted hereunder, Applicant shall not beobligated to bear or defray any legal or engineering expense ofthe District incurred by the District for the purpose of develop-ing and ;adjudicating a plan of augmentation toi tne Distrj-ct. Inany event, the District shall have the right to approve theApplicant's augTmentation plan and the Applicant sha11 provide theDistrict copies of such plan and of atL pleadings and other papers filed with the Water Court in the adjudication thereof. 4. PAYMENT: Applicant shall pay annually for thewaterserviced-eSC.ribedheieinatapricettuefixedannua11ybythe Board of Directors of the Distrlct for such service. Theinitial annual payment shall be made, in fu11, within 15 daysafter the date of a notice from the District that the initial payment is due. Said notice will advise the Applicant, amongother things, of the water delivery year to which the payment sha1l apply and the price which is applicable to that year. Annual payments for each year thereafter shall- be made by theApplicant on or before each March 1. If an annual payment is not made by the due date, written notice thereof will be sent by theDistrict to the Applicant at Applicant's address set forth below.If payment is not made within ten (10) days after said writtennotice, the District Bdy, at its option, elect to terminate allof the Applicants right, title, oy interest under this Contract,in which event the water right allotted hereunder may be trans-ferred, leased or otherwise disposed of by the District at thediscretion of its Board of Directors. In the event water deliveries hereunder are made by orpursuant to agreement with some other person, corporation,guasi-municipal entity, or governmental entity, and in the eventthe Applicant fails to make payments as required hereunder, theDistrict may, at its sole option and request, authorize saidperson or entity to curtail the Applicant,s water service pur- suant to this Contract, and in such event neither the Districtnor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNDS: The Applicant agrees thatso long as tni na in fofce, Applicant will budget and appropriate from such sources of revenues as may belega1ly available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to thisContract. The Applicant will hold harmless the District and anyperson or entity involved in the delivery of water pursuant tothis Contract, for discontinuance in service due to the failureof Applicant to maintain the payments herein required on acurrent basis. 5. BENEFIT OF CONTRACT: The water right allottedhereunder snarr a for the prrpo="-= and in themanner specified herein and this Contract is for the exclusivebenefit of the Applicant and shall not inure to the benefit ofany successor, assign, or lessee of said Applicant without thepri-or written approval of the Board of Directors of the District. In the event the water right allotted hereunder is tobe used for the benefit of land which is now or will hereafter besubdivided or otherwise held or owned in separate ownershipinterest by two (2) or- more uses of the watei right allottedhereunder, the Applicant may assign the Applicant,s rightshereunder only to a homeowners association, water district, waterand sanitation district or other speciar district properryorganized and existing under and by virtue of the laws of theState of Colorado and then only if such association or specialdistrict establishes to the satisfaction of the BasaIt WaterConservancy District that it has the ability and authority toassure its performance of the Applicant's obligations under thiscontract. rn no event sha1l the owner of a portion, but lessthan a1r, of the Applicant's property to be served under thiscontract, have any rights hereunder, except as such rights mayexist through a homeowners association or special disirict asabove provided. Any assignment of the Appricantrs rights underthis contract shall- be -subject to and must comply with suchrequirements as the District may hereafter adopt regardingassignment of Contract rights and the assumption of Contractobligations by assignees and successors, provided that suchrequirements shalt unifornly apply to all allottees receivingDistrict service. The restrictj-ons on assignment as hereincontained shall not precrude the District from hording theAppricant, or any successor to the Appricant, responsible for theperformance of all or any part of the Applicant,s covenants andagreements herein contained. 7. OTHER RULES: Applicant,s rights under this Con-tract shal1 ue suEject to the water servicL plan as adopted bythe District and amended from time to time; provided that suchWater Service Plan sha1l apply uniformly throughout the District among water users receiving the same service from the District.Applicant shal1 also be bound by the provisions of the Waterconservancy Act of the state of colorado, the Rures and Regu-Iations of the Board of Directors of the District, the plumbingadvisory, water conservation, and staged curtailment regulations,if aDY, applicable within the County in which the water allottedhereunder is to be used, together with a1l amendments of andsupplements to any of the foregoing. 8. CURTAILMENT qF USE: The water service providedhereunderise@trreprovisionsofthatcertain Stipulation in Case No. 80 CW 253 on file in the District Courtin water Division No. 5 of the state of colorado, which stipu-lation provides, in part, for the possibre curtailment ofout-of-house municipal and domestic water demands upon theoccurrence of certain events and upon the District giving noticeof such curtailment, all as more fully set forth in said stipu-lation. 9. OPERATION AND MATNTENANCE AGREEMENT: Applicantshall enter in eemen€,' withthe District if and when the Board of Directors finds and deter-mines that such an agreement is reguired by reason of additionalor special services requested by the Applicant and provided bythe District or by reason of the delivery or use of wlter by thAApplicant for more than one of the clasies of service which aredefined in the Rules and Regul-ations of the Board of Directors ofsaid District. said agreement may contain, but not be limited rald E. Ries to, provision for water delivery at times or by means not pro-vided within the terms of standard allotment contracts of theDistrict and additional annual monetary consideration for exten-sion of District services and for additional administration,operation and maintenance costsr oF for other costs to theDistrict which may arise through services made available to theApplicant. L0. CHANGE OF USE: The District reserves the exclu-siverighttoffipproveordisapproveanyproposed change in use of the water right allotted hereunder. Any .useother than that set forth herein or any lease or sale of thewater or water rights allotted hereunder without the priorwritten approval of the District shall be deerned to be a material breach of this Contract. 1L. PRIOR RESOLUTION: The water service providedhereunderisexp@thatcertainReso1utioipassed by the Board of Directors of the District on September 25, L979,and all amendments thereto, ds the--same exists upon the date ofthis application and allotment Contract. L2. NO FEE TITL : It is understood and agreed thatnothing herein snaff qive tne Applicant any eguit.ablJ or legalfee title interest or ownership in or to any of the water orwater rights of the District, but that Applicant is entitled tothe right to use the water right allotted hereunder, subject tothe linitations, obligations and conditions of this Contract. l-3. qONSERVATION PRACTICES: Applicant shall implement and use commonl n piictices with respect tothe water and water rights allotted hereunder and shal1 be boundby any conservation plan hereafter adopted by the Districtr dsthe same may be amended from time to time. 2621 Road 1OO Carbondale, CO 81623 STATE OF COIORADO COUNTY OF GARFIELD Subscribed 262]- Road 100 Carbondale, CO )- )ss ) and sworn to before me this 8L623 -{ day of , 1988. WITNESS rny hand and of f icial seal. My commission expires: My Commission exPires 5fi41ffi. 302 8th st. Glenwood Sorings, CO 81601 l,,\lrl li.t I n SALT WAl IjR CONSIII{VANCY DIS]'RIC 'ATER ALLOTI'IENT CONTMCT BY AND BETWEEN BASALT WATER CONSERVANCY DISTRICT AND GEMLD E. RIES AI.JD UARY A. RIES la:C s:tt=tei in Lot t2 ct Se:-.ic:: 31 . I(x.i_..:.-1, ? S::.:--:.. i._:--:_ :. ISji:th Pr::t:ipa) lerjdian, CcJ:T.., r.t Ga.!:_.;c. i-.ar:. c: i:.j:.:--:..;Lr:rng n,:re FE:-rjcujarjy ie.s:rjbeo as jol_c....s. A F.-cel otl'j-: o1 :hP sa:c i^-cei ORDER FOR APPLICATION Application having made by or on behalf of all parties interested in the foregoing Water Allotrnent Contract and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the foregoing Water Allotrnent Contract for 0.033 cubic feet per second of water from the District's direct flow rights and O.7 acre feet of water per year is hereby approved and executed by and on behalf of the Basalt Water conservancy District, for the beneficial use of the water allotted in the foregoing Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: L. Any allotment of less than l- acre foot of storage water in paragraph 1 of the foregoing and attached Contract shall be deemed L acre foot for purposes of establishing the annual water service charge for such water allotment. 2. That the Applicant provide the District proof that the proposed land use of the land to be benefitted by the water allotted hereunder has been approved by the applicable govern- mental authorities having jurisdiction over such land use. By: BASALT WATER CONSERVANCY DISTRICT / /i - ,/( Ur-'(w, tj u(rcn,.f President I hereby certify that was entered District on ATTEST: by the DirectorsEI..e I a w' day of the above ORDER FOR of the Basalt Water r: c7u /',a- APPLICATION Conservancy , 1987. ) WJ'cr-^l--*,-*-,\t'---'j Secretary Bi. .LT WATER CONSERVANCY DIS -CT WATER ALI.OTI.IENT CONTRACT (Pursuant to C.R.S. 1973, 37-45-131) The undersigned Appticant has applied to the Basalt Water Conservancy District (hereinafter the rrDistricttt) , apolitical subdivision of the State of CoIorado, organized pursu- ant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-l-OL, €t seq., for an allotment Contract for beneficial. use of water righLs owned, leased, or hereafter acguired by the District. By execution of this Contract, Applicant hereby agrees to the following terms and conditions: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shaIl be entitled to receive and apply to beneficial use 0.033 cubic feet of water per second from the District direct flow rights and O.7 acre feet of storage water owned or controlled by the District. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to t om the Disirict's water rights decreed to the Basa1t Conduit, Landis Canal, Stockman's Ditch Extension or other decrees or water rights hereafter acquired by the District, including the District's contractual right to receive storage water from Ruedi Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rightsshall be obtained. The Applicant's use of any of the District's water rights sha1l be subject to any and all terms and conditions imposed by the Water Court on the use of the pistrict's said rights. Exchange releases made from the District's storage rights in Ruedi Reserrroir or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi Reserrroir shall be subject to the Dis- trict's lease Contract with the United States Bureau of Reclarna-tion and any rules and regulations promulgated pursuant thereto. 3. PURPOSE AND LOCATION OF USE: Applicant witl usethe waters nere rpos-eL limited to the augrnentation of existing and future r+elIs and other water sources, within or through facilities or upon lands owned, operated or served by Applicant, which lands are more fullydescribed on Exhibit trArr attached hereto; provided that the location and purpose of Applicant's use of said water shall beIegal1y recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Appli-cant's contemplated usage for the water allotted hereunder is for'the following use or uses: DOMESTIC Applicant acknowledges that usage of the District'swater rights as herein contemplated shall be in lieu of or supplernental to Applicant obtaining or adjudicating, oD its own, the right to use certain waters. It is acknowledged that certain locations within the District may not be susceptible to servicesolely by the District's water rights allotted hereunder or theDistrict's said water rights may not satisfy Appticant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadeguate, Applicant rdy, utilize such other water rights, by way of supplernenting the District's water rightsr oE otherwise, as is necessary to assure water service sufficientlyreliable for Applicant's intended purpose or purposes. AII 1ands, facilities and areas served by water rights allottedhereunder shalI be situated within the boundaries of the District. The District reserves the exclusive right to review and approve any conditions which nay be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred '-r the District in connect^-n with the allot-ment of water rights hereunder, incruding, but not rimited to,reimbursement of legaI and engineering costs incurred in con-nection with any water rights adjudication necessary to a11owAppricant's use of such arlotted water rights; provided, however,in the event any such adjudication involves more of theDistrict's water rights than are arrotted pursuant to thiscontract, Applicant sharl bear onry a pro-rata portion of suchexpenses. Applicant shall be solely responsible for providingworks and facilities, if dny, necessary to utilize the Distrietrswater rights allotted hereunder for Applicant,s beneficial use. I{ater service provided by the District shall be limitedto the amount of water available in priority at the originalpoint of diversion of the District's applicable water right andneither the District, nor those entitred to utirize theDistrict's decrees, mdy carl- on any greater amount at new oralternate points of diversion. The District sha11 reguest theColorado State Engineer to estimate any conveyance losses betweenthe original point and any alternate point and such estimateshall be deducted from this amount in each case. The District,or anyone using the Districtrs decrees, rdy call- on any addi-tional sources of supply that may be available at an alternatepoint of diversion, but not at the original point of di-version,onry as against water rights which are junior to the date ofapplication for the alternlte point of diversion. In the event the Applicant intends to develop anaugmentation plan and institute legar proceedings for theapproval of such augrmentation pran to a11ow the applicant toutilize the water allotted to Applicant hereunder, the Applicantshall give the District written notice of such intent. In theevent the Applicant develops and adjudicates an augmentation planto utilize the water allotted hereunder, Applicant shall not beobrigated to bear or defray any legar or engineering expense ofthe District incurred by the District for the purpose of develop-ing and adjudicating a plan of augmentation for the District. lnany event, the District shall have the right to approve theApplicant's augrnentation plan and the Applicant sha11 provide theDistrict copies of such plan and of atI pleadings and otherpapers filed with the Water Court in the adjudication thereof. 4. PAYMENT: Applicant shall pay annually for thewater service desc'ribea neiein at a price tt te fixed annually bythe Board of Directors of the District for such s.ervice. Theinitiar annuar payment shall be made, in fulr, within l-5 daysafter the date of a notice from the District that the initialpayment is due. said notice will advise the Applicant, amongother things, of the water delivery year to which the paymentshaIl apply and the price which is appricabte to that year.Annuar payments for each year thereafter shall be made by theApplicant on or before each March l-. If an annual payment is not made by the due date, written notice thereof will be sent by theDistrict to the Applicant at Applicant's address set forth beIow.ff payment is not made within ten (10) days after said writtennotice, the District may, at its option, elect to terminate allof the Applicants right, title, or interest under this Contract,in which event the water right allotted hereunder may be trans-ferred, leased or otherwise disposed of by the District at thediscretion of its Board of Directors. In the event water deliveries hereunder are made by orpursuant to agreement with some other person, corporation,guasi-municipal entityr or governmental entity, and in the eventt!" Applicant fails to make payments as required hereunder, theDistrict ray, at its sore option and request, authorize saidperson or entity to curtail the Applicantrs water service pur-suant to this Contract, and in such event neither the oistiictnor such Persons or entity shall be liab1e for such curtailment. so long budgetIegalIy 5. APPROPRIATION OF FtJNpg.: The Applicant agrees thatas thi na in foice, Applfcant wil]and appropriate from such sources of revenues as may beavailabre to the Applicant the funds necessary to make the annual payments rn advance of water delivt -y purl;rrant to thisContract. The Applicant will hold harmless the District and anyperson or entity involved in the delivery of water pursuant tothis Contract, for discontinuance in service due to the failureof Applicant to maintain the payments herein required on acurrent basis. 5. BENEFIT OF CONTRACT: The water right allottedhereunder snart a for the purposel and in themanner specified herein and this Contract is for the exclusivebenefit of the Applicant and shall not inure to the benefit ofany successor, assignr oF lessee of said Applicant without theprior written approval of the Board of Directors of the District. In the event the water right allotted hereunder is tobe used for the benefit of land which is now or will hereafter besubdivided or otherwise held or owned in separate ownershipinterest by two (2) or more uses of the watei right allotteilhereunder, the Appricant may assign the Appricantrs rightshereunder only to a homeowners association, water district, witerand sanitation district or other special district proper)-yorganized and existing under and by virtue of the rawJ oi theState of Colorado and then only if such association or specialdistrict establ-ishes to the satisfaction of the BasaIt WaterConservancy District that it has the ability and authority toassure its performance of the Applicant's obligations under tniscontract. rn no event shaIl the owner of a portion, but ressthan arl, of the Applicant's property to be served under thiscontract, have any rights hereunder, except as such rights mayexist through a homeowners association or special district a=above provided. Any assignment of the Applicantrs rights underthis contract shal1 -ice subject to and rnust comply with suchreguirements as the District may hereafter adopl regardingassignment of Contract rights and the as.sumption of Contractobrigations by assignees and successors, piovided that suchreguirements shaIl uniformly apply to all allottees receivingDistrict service. The restrictions on assignment as hereiicontained sha1l not preclude the District irom holding theApplicant, or any successor to the Applicant, responsibre for theperformance of all or any part of the Appricantrs covenants andagreements herein contained. 7. O'IHER RULES: Applicantrs rights under this Con-tract shall Ue- suUjeEt to the water servicL plan as adopted bythe District and amended from time to time; provided that suchWater Service Plan shall apply uniformly throughout the Districtamong water users receiving the same service from the District.Applicant shall also be bound by the provisions of the Waterconservancy Act of the state of colorado, the Rules and Regu-lations of the Board of Directors of the District, the ptumblngadvisory, water conservation, and staged curtailment regulation=]if dDY, applicable within the County in which the water atlottedhereunder is to be used, together with alI amendments of andsupplements to any of the foregoj_ng. 8- CURTATLMENT oF usE: The water service providedhereunder is ex@ tne provisions of that certainStipulation in case No. 80 cw 253 on iife in the District courtin water Division No. 5 of the state of Colorado, which stipu-lation provides, in part, for the possibre curtairment ofout-of-house municipal and domestic water demands upon theoccurrence of certain events and upon the District giving noticeof such curtailment, alr as more fulry set forth in said stipu-Iation 9. OPERATION AND MATNTENANCE AGREEMENT: Applicantshall enter in eement,r withthe District if and when the Board of Directors finas and deter-mines that such an agreenent is reguired by reason of additionalor special services reguested by the appricant and provided bythe District or by reason of the derivery or use of wlter by th;Applicant for more than one of the classes of service which aredefined in the Rules and Regulations of the Board of Directors ofsaid District. said agreement may contain, but not be limited to, provision for v.-c€r delivery at times or Dy mcans not pro- vided within the terms of standard allotment contracts of the District and additional annual monetary consideration for exten-sion of District services and for additional administration,operation and maintenance costs, or for other costs to theDistrict which may arise through services made available to the Applicant. 10. CHANGE OP USE: The District reserves the exclu-siverighttoffipproveordisapproveanyproposed change in use of the water right allotted hereunder. Any useother than that set forth herein or any lease or s.a1e of thewater or water rights allotted hereunder without the priorwritten approval of the District shall be deemed to be a material breach of this Contract. L1. PRfOR RESOLUTION: The water service providedhereunderisexp@thatcertainResoIutionpassed by the Board of Directors of the District on September 25, 1979, and aII amendments thereto, BS the same exists upon the date ofthis application and allotmeTt Contract. L2. NO FEE TITLE: It is understood and agreed thatnothing herein EtrIfT- give tne Applicant any eguitable or lega1fee title interest or ownership in or to any of the water orwater rights of the District, but that Applicant is entitled tothe right to use the water right altotted hereunder, subject tothe limitations, obligations and conditions of this Contract. L3. CONSERVATION PRACTICES: Applicant shalI irnplement and use cornmonl n piictices with respect tothe water and water rights allotted hereunder and shall be boundby any conservation plan hereafter adopted by the District, dSthe same may be amended from time to time. STATE OF COUNTY OF COIPRADO GARFTELD 262l:.- Road 100 Carbondale, CO SS sworn to before me this 8L623 ->day ofSubscribed and , 1988. ITNESS my hand and official seal. My comrnission expires: rcANT (S) : 2621 Road l-OO Carbondale, CO 8L623 Notary Pub\ic My Commission expires Sl14tBB. 302 Bth st. Glenwood Springs, CO 81601 i ;a-cei c: ii's'- c: ?.:'l: s:l.i ;.r:.-ei IIXIIlBIT "4" IIASAL1 TER CONSERVANCY DISTRICT WAlI,R ALLOT}IENT CONTMCT BY AND BETWEEN IIASALT T.IATER CONSERVANCY DISTR1CT AND GERALD E. RIES A}TD MARY A. RIES tf/r ? lsrC sitLatec in tct 12. Se-ct:cn 31, To.::::hip I 3:';--:.. S:i:th Pr:n:ipal l'le:jiran, County of Ga=rjelj. State ;: n3:rE !'ncre partrcuiariy oescribed as ior:cr'.rs: 'l---::.::.:.:a: at ti-,a Southi€st-C,c:-ner of said Section 3l: tle:r:: li.l-.r'il'{:'i. -:,:-.':'- :c.t'. to a rr-,l:nt or tns '...r=te-Jy Jrne of said lrrl 12, ars'- r',::ru: e i,:'ir.:.:.':;.,-.:r'i::rer-i1'r!gnt-of+;ai'of Counry P..cac lir. lOC, a let.e p-t :r:1-a-.-; '.t:'-':::e l:-e:'{9'39"3. aion; saic rignt-of-+;r\,207.30 fe-.:t to th: lr_.:* !-g-::'- r,: i'-r:r.-t:l-:: tnen:e )ea';rrg saii rrgnt-or{^;ay I:. CO" 27'?:";. 4.lr:r.31' f e^e: tc l:.: i--.::::r; !';:-r: i:'-,e:; tnence S.8?".35'07"E. arlo:r: sa:ci::ver 2i2.87 t*1.'.:.i-:r:'e S.5:'i:'33"e. aicrg -aid rt",er 1O9.96 ree:; tnerce Jea';trg s-aii rtve: - .'1"::'l?":. ?3':.92 feet to a po.tnt on said nc=tr=riy rig,:rt-ot-"a'y; r.ne;::= i --l'::'!a''ii. aiorg said right-oi-r.ay 16.37 feet: thence S.81'49'39"[,i. a::':.; :-::::::L'.-c:-+;a.;336.36 feet to the TIae Point of B-:nnirE; saio pa:'ce- r -.r.'rEt r-. 3 . I .. acre-s , mcre cr iess . Application having made by or on behalf of all parties interested in the foregoing- Wat"r allotrnent Contract and hearing on said Application naiing- been duty held, it is hereby ordered that saia- Application be granted and that the foregoing water Allotment Contract for 0.033 cubic feet per second of water from the District's direct flow rights and O.7 acre feet of water per year is hereby approved and executed by and o{I behalf of the Basalt Water C-onservancy District, for the beneficial use of the water allotted in the foregoing Contract, upon the terms, conditions and manner of payment ai therein specified and subject to the following specific conditions: l-. Any allotment of less than 1 acre foot of storag<: water in paragrapi L of the foregoing and attached Contract shall be deemed 1 icrL foot for purposes of establishing the annual -- water service charge for such water allotment. 2. That the Applicant provide the District proof that the proposed land use of ttre land to be benefitted by the water attottea hereunder has been approved by the applicable govern- mental authorities having jurisdiction over such land use. ORDER FOR APPLICATION By: BASALT WATER CONSERVANCY DISTRICT - t ; .- I r-(LL,-/t.a t/' "*/.',l,ud-President I was enteredDistrict on ATTEST: hereby by the the ;,. certify that Directors ) 'ri' day of the above ORDER F'OR of the Basalt Water( c t.1,,-, APPLICATION Conservancy , L98-7 . ,.r (: Secretary BAS..-T WATER CONSERVAIICY DISTkTCT WATER ALI.OTMENT CONTRACT(Pursuant to C.R.S. L973, 3Z-45-L3L) The undersigned Appricant has applied to the BasartWater Conservangy DistricC - (hereinafter - ttre f'District;i , --" political subdiviiion of the state of colorado, organized plrsu-ant to and existing by virtue of colorado Revised sf.atute=,'1.973,37'45-.101, 9t seq., for an allotment Contract for beneficial useof water rights owned, leased, or hereafter acguired ;t ah;District.__By execution of this 'cont.act, Applicant hereby agreesto the following terms and conditions: l- ' QUAIITTTY: In consideration of the covenants andconditions herein contained, Applicant sharl be entitled toreceive and apply to beneficiir use 0.033 cubic feet of water persecond from the District direct fLow rights and o.i acre feet ofstorage water owned or controrled by thJ District. 2- souRcE oF ALrouEq_lryATEB: water rights arlottedpursuant to tn * ';;" - ois^trict,s waterrights decreed to the Basalt conduit, Landis canar, stockmanrsDitch Extension or other decrees or water rights hereafteracguired by thg District, including the Districtrs contractualright to receive storage water ?rom Ruedi Reservoir. TheDistrict sharl have ttre right to designate irr" ,it", right orDecree of the District from wnicn the Ap-plicantrs allottea -ri-ghti shall be obtailed_- The Appricantrs use-of any of the Districtrswater rights shall be subject to any and aII terms and conditionsimposed by the water corlrt on th6 - use of the District,s saidrights- Exchange rereases made from the District,s storagerights in Ruedi Reservoir or other works and facilities of theDistrict shaIl be delivered to the apjlicant at the outret worksof said storage facility and reteail of water at such outletworks shall _ constitute furr performance of the Districtrsdelivery -obligation. Delivery of ,it"= from the Districtrsstorage rights in Ruedi Reservtir sharl be subjeci to the Dis-trict's lease contract with the united states Bureau of Reclama-tion and any rules and regulations prtmurgated pursuant thereto. 3. PURPOSE AND I-ocATIoN oF USE: Applicant will usethe waters here r purposes limited to theaugmentation of existing and future wel1s and other watersources, within or through facilities or upon lands owned,operated or ==yg9. uv appricant, which landi are more fulrydescribed on Exhibit - rrari attached hereto; provided that thelocation and purpose of Applicantrs ,=" of said water shall belegarly recognized aTd perriittea by the appricable governmentalauthority havi_ng jurisdiction over'the property served. Appri-:-tt't's-contemplated usage for the water arrotted- hereunder is forthe following use or uses: DOMESTfC Appricant' acknowledges that usage of the Districtrswater rights as herein cont6mplated sharl be in rieu of orsuppleurental to Applicant obtaining or adjudicating, on its ownlthe right to use certain waters. rt is acknowreagea'that certainlocations within the District may roi be suscept-ibIe to serviceso1eIy by the District's water rights allotted hereunder or theDistrict's said_water rights may -not satisfy appiicant,s needsand purposes. To the extent th;t service """""i^iL acnievea-uyuse of the District's altotted water rightsr or. in the event saidservice is inadeguate, Appricant may,- utilize such other waterrightsr by way.of supprelnenting tne'di=trictrs water rightsr orotherwise, as is neceisary to Ls=ure water service sufficie|,tivreliabre for. 4ppricant's intended -p,rrpo=" or purposes. ArIlands, facilities and areas served- by water rights arrottedhereunder sharl be situated within the boundaries of theDistrict' The District reserves the exclusive rlght to reviewand approve any conditions which may be attached- to juaiciaiapproval of Applicant's use of th; Districtrs water rightsallotted hereunder. Appricant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allot- ment of water rights hercunder, including, but not limited to, reimbursement of legaI and engineering costs incurred in con- nection with any water rights adjudication necessary to al1ow Applicant's use of such allotted water rights; provided, hov;ever, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro-rata portion of such expenses. Applicant shalI be solely responsible for providing works and facilities, if dny, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. t^Iater service provided by the District shall be limited to the amount of water available in priority at the originalpoint of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, rdy caII on any greater amount at new or alternate points of diversion. The Dis-trict shal1 request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimateshal1 be deducted from this amount in each case. The District, or anyone using the District's decrees, rdy call on any addi- tional sources of supply that may be available at an alternatepoint of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to develop an augmentation plan and institute legal proceedings for the approvat of such augrmentation plan to allow the ApplicanL 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 an augmentation plan to utilize the water allotted hereunder, Applicant shal1 not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of develop- ing and adjudicating a plan of augmentation for the District. Inany event, the District sha11 have the right to approve the Applicant's augTmentation plan and the Applicant shalI provide the District copies of such plan and of all pleadings and other papers filed with the Water Court in the adjudication thereof. 4. PAYMENT: Applicant shalI pay annually for thewater service aiEsc;IEEd heiein at a price to be fixed annually bythe Board of Directors of the District for such service. The initial annual payment shall be made, in fuII, within 15 days after the date of a notice from the District that the initial payment is due. Said notj-ce wilt advise the Applicant, amongother things, of the water delivery year to which the payment sha1l apply and the price which is applicable to that year. Annual payments for each year thereafter shall be made by the Applicant on or before each March 1. If an annual- payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within ten (1O) days after said writtennotice, the District ildy, at its option, elect to terminate allof the Applicants right, title, or interest under this Contract, in which event the water right allotted hereunder may be trans- ferred, Ieased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by orpursuant to agreement with some other person, corporation,guasi-municipal entity, or governmental entity, and in the eventthe Applicant fails to make payments as required hereunder, theDistrict rdy, at its sole option and request, authorize saidperson or entity to curtail the Applicant's water service pur- suant to this Contract, and in such event neither the Districtnor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNDS: The Applicant agrees thatso long as tni na in foice, Applicant willbudget and appropriate from such sources of revenues as may belegally available to the Applicant the funds necessary to make the annuar payment ln advance of water deriv.ry pursuant to thiscontract' The Applicant will nora r,u.ir"== th; oi=tri"t and anyperson or entity involved in the a"r1""ry of water pursuant tothis contract, ior disconti-nuan"" ir,-^=..ri"" due to the failure:lr.:o"o.r;::1:. ." maintain the puy*..,t= herein i"q,,ired on a !;^r r .. ^ The - water right allottedffI:::t"jjlilt r#'=tnl'ollo"11';"""u"t',itlfi3 il:# : i. =IF " I f :" 1 ^l ? I: i :. u I 3 - ti,., ;- pt "-t,. 9t' -i =' TJ," - E; " " :l " i I = Il:Iia"=fr iri"i-,Ji'iL,'5.' j'.,i'J"o""Ji.'i.=tli anv SI)(:(-AQe^r s^-.1 --ulI".=lr"fr"*=fj-.,_^1=-=^1.q-rl, ^:.^-1"s_see -"r -=.la" oo-oril.,ii=rffil;ii..ilprior written approvll of the Board of ;i;"#5#"#t #t*"=t:r:i: rn the event th:-water 5iqht arlotted hereunder is tobe used for the benefit of land whicli is r,o, o. ,irr hereafter besubdivided or otherwise herd or or:.g. in L"f..ut" ownershipinterest by . two (2) ;;- more uses of the ,atei right alrottedhereunder, !h" Applicant may .==igr. the Appticant,s rights- hereunder only to i- hor"owners associition, ,.tEI-aistrict, waterand sanita€ion district or othei- special aistrict properlyorganized tld existing under .r,a -ry virtue- oi-tn" Laws of thestate of colorado and the.1 onry ii'such association or specialdistrict estabrishes t" the =iti=faction or - trrl Basalt waterconservancy District that it nas -trre ability ;;; authority toassure its performance of- the Ap;lilint,s obligations under thiscontract. rn no event sha11 trrl """", of a portion, but ressthan all, of the Applicant-'s p.op"riy to be ierved under thiscontract, have any -fignt= ner&na^er,- except as such rights mayexist through a frorn"o-rr,"r= association or special district asabove provided. Any .==ig.,rn";a-;;-;;" Applicant,s rights underthis contract - shali ue s-uuject io -ana -must comprv with suchreguirements as the oistr-ict *;y hereafter aaopt regardingassignment of contract rights ;il the assumption of contractobligations by assignees and successors, provided that suchrequirements shalr u-nirormty Snnrv- 1" arl -arlott"es receivingDistrict service. in" reitri&i6n= - on assignment as hereincontained shalr not precrude the oistrici--;;;; holding theApplicant, or any successor to. the_ appricant, responsible for theperformance of all or any part of tr,L Applicantis covenants andagreements herein contained. 7' -_orHER RULES: Applicant,s rights under this con_tract sharl ne-EjEEE to thg -water servicl plan as adopted bythe District and airenaea from time to time;_- provided that suchwater service Plan shaIl.appIy unirormty throughout the Districtamong water users receivi"g ti" =;;; service fr;; the oistrict.Applicant sharl also be b-ound uy tn. provisions of the waterconservancy Act of the state of'colorado, the Rures and Regu_lations of the Board of -Directois -oi-trr. bi=tii"l-, the plurnbingadvisory, water conserviti"";-;,,i-=;;ed curtaii*Lrl regurations,if dDy, applicabre ,oitnl" the co.rr,1y i., which the water allottedhereunder is to be ,r=.a, together'with all amendments of andsupplements to any of the' tore-goin;. 8 ' ^ IYRTAI=LMENT, ,oF , uf E: The water service providedhereunder is s t i p u i i. i " ; - i ; ":: : : = i,r" . = :?l ??: F, B" IiX'i"t rffi ";I J i: I J ; : : : i Iin water Division No.--5 -of the state of co.rorado, which Stipu-lation provides, in part, for th; possible curtailment ofout-of-house ^ municipal and domestic water demands upon theoccurrence of certain events and ,pon tn" oistrici giving noticeof such curtailment, all as more iu1ly set forth in said stipu_lation. 9. OPERATTONsharl enrer i." "_jff,lt;ii;the Districr if and wnei the Board "r oi."r;;T ,ilu= and deter_mines that such .an "ji".m"nt i; -;;direo by reason of additionalor special services ieguest_ed by €h;- appt-icant l,o provided bythe oistrict or by reison- or the derir".y or use of water by theAppricant for more than one of the crasses of service which aredefined in the Rules and Regulations or the Board of Directors ofsaid District. said aq.L"m"r,t may "ontuir,, but not be rimited to, provision for :ter delivery at times L_ by means not pro-vided within the terms of standard atlotment contracts of thcDistrict and additional annuar monetary consideration for exten-sion of District services and for jaaitiona]. administration,operation and maintenance costs t ot for other costs to theDistrict which may arise through'="r.ri""= made available to theApplicant. 10' CHANGE oF USE: The District reserves the exclu-sive right to ffipp.i"L -"= disapprove any proposedchange in use of the water iignt aiiotted -hereunder. Any useother than that set forth nerJin or any lease or sare of thewater or water rights allotted hereunher without the priorwritten approval ot trre District snaii be deemed to be a materialbreach of this Contract. 11.PRroB REs-oLUTroN: The water service provided-ve t/!vYfuELll:.:Ilu::-i=-:TP@th;.certainneso1utionpassed:I^.1:, ":1:g-:1_pirigtorT -"r rhe oiiiii"t on septemi;;';;, ";;;;; :13_alr ,am_e_ndments the_retor ErS the =.rnl- ""1;t= ir;;"Tn""i";;';'tthis application and allotment Contract. 12- No FEE TrrLE: rt is understood and agreed thatnothing herein €ha-il--Fe tn".appiic"nt any eguitable or legalfee title interest or ownership-'in "i to iny - of the water orwater.rights of the District, uut that Applic-ant is entitled tothe right to use the water right arroited- hereunder, subject tothe lirnitations, obligations and conditions of this contract. l-3' CoNSERVATIoN PRACTICES: Applicant shal1 implementand use commonl practices with respect tothe water and water rights allotted hereunder and sha1l be boundby any conservation pran hereafter adopted by the District, asthe same may be amended from time to time. 2621 Road 100Carbondale, CO 262]- Road l-00Carbondale, COI t_62 3 , 1998. 8L623 STATE OF COr-ORADO ) )couNTY OF GARFTELD ) Subscribed and ss Notary Public CANT(s): erald E. Ries sr.Jorn to before me this (-r-< day of WITNESS my hand and official seaI.My commission expires: Iixll1BlT ".ar" \LT WATER CONSERVANCY DISTRIC WATER ALLOT},IENT CONTRACT BY AND BETWEEN BASALT IJATER CONSERVANCY DISTRICT AND GERALD E. RIES AND UARY A. RIES '.1 )l '.1 A parc-:l of livl stlrrrtel lrr Lr:t l2 --ur1 the ll?filir r-rf '--p..;r j,1 r ,1. T.\ai.!rlt, ?SOutlr. P,:-i-4ye 87 l,i':st ,.1f tlre Sir:t[ princilrrl l.t.rir]tal . C,-r111ty ,,1 C.tt.l t..i.l, ..t.rrr: oI Color'.'r i,:: said prrce) t-reirrg rnore p'.1rt ic_1rl.rrly dr-.i:Ct. lLr.l ,r; f ql 1..r,.., ccrrn*trr--itg at the Soutl'rr,est corner of said Sectjon 3l; therrce N.lg".il'.t5"E.li::l .35 fAet to a pojl)t on tlre v.esterly )ine of sald Lot 12. also beinrl ;r fointox tlP trc:'tlrcr)y rlght-of-r":ay of County Road llo. -tOC, a fence post !1 place;tlrencc'li.Al"49'39"8. alorg s=id nortlrr-rly riglrt-of-vay 543.66 feet; thence}i.83'lo'56"E. alorr3:;eid right-of-+a), tB.32 feet to the Tnre p-giB!_gf R'g:.turrrg; thent-.: le.rvirg r.aid right{f -Kry }1 .o0"21 ,?.7"w. 331.92 fc.r't to tlreIVr-rritrq ForI: iliv,'r: therrce S.82"47'35"8. along salcl rjver ?.52.O0 feet; tlrenceS ??'56'2i."E. al,rrr_; said rjver 3?.EO f eet; thence S.Z3"OO'16,.8. alorrT saidrl\t-'r 11r,.34 !r,t't; thence Jeaving said river s.ooo27.z'|,,E. 231 .14 tr:et to apxrint on tlre tto;-tlrerll' right-of -r^r.ry of r;: jd County Rcrad; ttrence N.tt].53,Og"W.aion:; saicl ri'-llrt-of -r''ay 77.4i feet; tlrencr: S.8.1"O4'38"W. a]orq sai{ right-of -urr'; l09- 59 f rr=t : thertc:e S.43" lO'54,"W. along s-tid rJqht- clf -wr1' l22.of, ler-t totlr" ln:e _Poitrl of f]t-gin:rin3. saicl irrrcel corrtainincl ?-.56 iJr-t.+i;. mDr(: or Jes;:;. ORDER FOR APPLICATION Application having made by or on behalf of aII parties interestea iir the foregoing Water allotment Contract and hearing on said Application naving- been duly held, it is hereby ordered that saia- Application be granted and that the foregoing VJater Allotment Contract for 0.033 cubic feet per second of water from the Districtrs direct flow rights and O.'7 acre feet of water pef year is hereby approved and executed by and o-l behalf of the Basalt Water cbnservancy District, for the beneficial use of the water allotted in the foregoing Contract, upon the terms, conditions and manner of pal.ment as therein specified and subject to the following specific conditions: 1. Any a}I-otment of less than 1 acre foot of storage water in paragrapfr l- of the foregoing and attached Contract shall be deemed 1 lcr-e foot for purposes of establishing the annual water service charge for such water allotment' Z. That the Applicant provide the District proof that the proposed land use of the land to be benefitted by the water altoltea hereunder has been approved by the applicable govern- mental authorities having jurisdiction over such land use. BASALT WATER CONSERVANCY DISTRICT By:CILJ-"- /3 /ln*-_t I herebY certifY that was entered by the Directors District on the i,? rt daY of ATTEST: -\ President the above ORDER FOR of the Basalt Water- --:-r' ( \ --{:Lr--( APPLICATION ConservancY , L987. Secretary BAL .T }IATER CONSERVANCY DISTr JT WATER ALI,OTMENT CONTRACT (Pursuant to C.R.S. 1-973, 37-45-131) The undersigned Appticant has applied to the Basalt Water Conservancy District (hereinafter the "Districttt), apolitical subdivision of the State of Colorado, organized pursu- ant to and existing by virtue of Colorado Revised Statutes, 1973, 3't-45-101, €t seq., for an allotment Contract for beneficial use of water rights owned, Ieasedr or hereafter acguired by the District. By execution of this Contract, Applicant hereby agrees to the following terms and conditions: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shatl be entitled to receive and apply to beneficial use 0.033 cubic feet of water per second from the District direct flow rights and o.7 acre feet of storage water owned or controlled by the District. 2. SOURCE OF ALI-OTTED WATER: Water rights allottedpursuant to tn om the Disfrict's waterrights decreed to the Basalt Conduit, Landis Canal, Stockman'sDitch Extension or other decrees or water rights hereafter acguired by the District, including the District's contractualright to receive storage water from Ruedi Reservoir. TheDistrict shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shal1 be obtained. The Applicant's use of any of the District's water rights.shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange releases made from the District's storagerights in Ruedi Reservoir or other works and facilities of theDistrict shall be delivered to the Applicant at the outlet worksof said storage facility and release of water at such outletworks shall constitute fuII performance of the District'sdelivery obligation. Delivery of water from the District'sstorage rights in Ruedi Reservoir shall be subject to the Dis-trict's lease Contract with the United States Bureau of Reclama-tion and any rules and regulations promulgated pursuant thereto. 3. PURPOSE AND IOCATION OF USE: Applicant witl usethe waters frere rpos-es lirnited to theaugmentation of existing and future wells and other watersources, within cir through facilities or upon lands owned, operated or served by Applicant, which lands are more fulIydescribed on Exhibit rtArt attached hereto; provided that theIocation and purpose of Applicant,s use of said water sha1l belegally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Appli-cant's contemplated usage for the water allotted hereunder is forthe following use or uses: DOMESTIC Applicant acknowledges that usage of the District'swater rights as herein contemplated shalI be in lieu of or supplemental to Applicant obtaining or adjudicating, oD its own,the right to use certain waters. It is acknowledged that certainlocations within the District may not be susceptible to servicesolely by the District's water rights allotted hereunder or theDistrict's said water rights may not satisfy Applicant,s needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event saidservice is inadeguate, Applicant rdy, utilize such other waterrights, by way of supplementing the Districtrs water rightsr orotherwise, as is necessary to assure water service sufficientlyreliable for Applicant,s intended purpose or purposes. AIIIands, facilities and areas served by water rights allottedhereunder shall be situated within the boundaries of theDistrict. The District reserves the exclusive riqht to reviewand approve any conditions which may be attached to judicial approval of Applicant's use of the Districtrs water rightsallotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred *l the District in connecL^on with the allot-ment of water rights hereunder, including, but not limited to,reirnbursement of 1egal and engineering costs incurred in con-nection with any water rights adjudication necessary to aIlowApplicant's use of such allotted water rights; provided, however,in the event any such adjudication involves more of theDistrict's water rights than are allotted pursuant to thiscontract, Applicant shall bear only a pro-rata portion of suchexpenses. Applicant shall be solely responsible for providingworks and facilities, if &ny, necessary to utilize the Districtrswater rights allotted hereunder for Apolicant'.s beneficial use. Water service provided by the District shaIl be limitedto the amount of water available in priority at the originalpoint of diversion of the District's applicable water right andneither the District, nor those entitled to utilize theDistrict's decrees, may call on any greater amount at new oralternate points of diversion. The District shall reguest theColorado State Engineer to estimate any conveyance losses betweenthe original point and any alternate point and such estimateshall be defficted from this amount in each case. The District,or anyone using the Districtrs decrees, rdy call on any addi-tional sources of supply that may be available at an aiternatepoint of diversion, but not at the original point of diversion,onry as against water rights which are junior to the date ofapplication for the alternite point of diversion. In the event the Applicant intends to develop anaugmentation plan and institute legal proceedings for theapproval of such augrmentation plan to arlow the Applicant toutilize the water atlotted to Applicant hereunder, the Appticantshall give the District written notice of such intent. In theevent the Applicant develops and adjudicates an augmentation planto utilize the water allolted hereunder, Applicanl shall not beobligated to bear or defray any Iega1 or engineering expense ofthe District incurred by the District for the purpose of develop-ing and adjudicating a plan of augmentation for the District. Inany event, the District shall have the right to approve theApplicant's augmentation plan and the Applicant shalI provide theDistrict copies of such pran and of all preadings and otherpapers filed with the Water Court in the adjudication thereof. 4. PAYMENT: Applicant shal1 pay annually for thewater service aescrined heiein at a price tb be fixed innually bythe Board of Directors of the District for such service. Theinitial annual payment sha11 be made, in fu1I, within 15 daysafter the date of a notice from the District that the initialpayment is due. said notice wirl advise the Appricant, amongother things, of the water derivery year to which the paymentshaI1 appry and the price which is applicabre to that year.Annual payments for each year thereafter shall- be made by theApplicant on or before each March l-. If an annual payment is not made by the due date, written notice thereof witl be sent by theDistrict to the Applicant at Applicant's address set forth below.If payment is not made within ten (10) days after said writtennotice, the District rdy, at its option, erect to terminate a1rof the Applicants right, titler or interest under this Contract,in which event the water right allotted hereunder may be trans-ferred, leased or otherwise disposed of by the District at thediscretion of its Board of Directors. In the event water deliveries hereunder are made by orpursuant to agreement with some other person, corporation,guasi-municipal entity, or governmentar entity, and in the eventthe Applicant fails to make payments as required hereunder, theDistrict rdy, at its sore option and request, authorize saidperson or entity to curtail the Applicantrs water service pur-suant to this Contract, and in such event neither the Oistiictnor such persons or entity sha1l be liable for such curtailrnent. 5. APPROPRIATION OF FUNDS: The Applicant agrees thatso long as thi na in foice, Applicant willbudget and appropriate from such sources of revenues as may beIega)-Iy available to the Applicant the funds necessary to make the annual payments tn advance of water deliv.^y pursuant to t)tis Contract. The Applicant wiIl hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis- 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, oE lessee of said Applicant without the prior written approval of the Board of Directors of the District. In the event the water right allotted hereunder is to be used for the benefit of land which is now or wiII hereafter be subdivided or otherwise held or owned in separate ownership interest by two (2) or more uses of the water right allottr, hereunder, the Applicant may assign the AppIicant's right'; hereunder only to a homeowners association, water district, water and sanitation district or other special district properly organized and existing under and by virtue of the laws of the State of Colorado and then only if such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shalI the owner of a portion, but less than all, of the Applicant's property to be served under this Contract, have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract sha11 be subject to and must comply with such reguirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shaIl uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained sha1l not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 7. OTHER RULES.: Applicant's rights under this Con- tract sha1l Ue suUject to the Water Service PIan as adopted by the District and amended from time to tine; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service frorn the District. Applicant shall also be bound by the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regu- lations of the Board of Dj-rectors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if dDy, applicable within the County in which the water allotted hereunder is to be used, together with a).l amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is e@ trre provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District Court in Water Division No. 5 of the State of Colorado, which Stipu- lation provides, in part, for the possible curtailment of out-of-house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notic,' of such curtailment, aII as more fu1ly set forth in said Stipu' lation. 9. OPERATfoN AND MATNTENANCE AGREEMENT: Applicant shall enter in eement" with the District if and r*hen the Board of Directors finds and deter- mines that such an agreement is reguired by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for $/dter delivery at times; oI ry means not pro- vided within the terms of standard aIl0tment contracts of the District and additional annual monetary consideration for exten- sion of District services and for additional administration,-peration and maintenance costs, ot- for other costs to the Oistrict which may arise through services made avaitable to the Applicant. 10. CHANGE OF USE: The District reserves the exclu- siverighttoffipproveordisapprove-anyproposed change in use of the water right allotted hereunder. Any use othei than that set forth nerein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of ifre District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunderisexp@thatcertainReso1utionpassed by the Board of- Oirectors of the District on September 25, )'979, and all amendments thereto, ds the same exists upon the date of this application and allotment Contract. L2. NO FEE TITLE: It is understood and agreed-that nothing herein Efraffllve tne Applicant any egui-table or lega1 fee tilfe interest or ownership in or to any of the water or ,it". rights of the District, but that APplicant is entitled to the righ€ to use the water right allotted hereunder, subject to the fiiitations, obligations and conditions of this Contract. l-3. CoNSERVATION PRACTICES: Applicant shall implenent and use cornmonl n practices with respect to the wat,er and wlter rights allotted hereunder and shall be bound by any conservation pfan hereafter adopted by the District, as the same may be amended f rom tirne to time - 26n- Road 100 Carbondale, CO 8L623 81623 srATE OF COIpRADO ) -- )ss couNTY oF GARFTELD ) Subscribed and sworn to before me this 5.+=- day of {\\*- , L98}. - \(_wrrNESS my hand and officiar sear. My commission expires: My Commission exPires shq$A 302 Bth st. Glenwood Srrrirqs CO B16nl CANT(s): rald E. Ries uary l{. Ries 262L Road l-00 Carbondale, CO I,]):ll I L I',l' "n " \LT }IATI]R (:ONS]II{VANCY DISTI(TC'] WATER ALLO]'MENT CONTMCT BY AND BETWEEN tsASALT I^]ATER CONSERVANCY DISTRICT AND GERAID E. RIES AND I'I.ARY A. RIES T/]T 1 .: -;.:. 1si.r:at.--J ilr tl:e lEr.s1.}.l of Sectio:r 31, Tcr^:sit:p ? Sr":in, F':=="' : ':t.' Si:':1.:i P:-:trcirrai l'lerirl jan. Counti' of Glr: jp'i rl' Star'r' of folora'j^ 1 i.-irr:I rn-rrt: pe'rt ic:larl',' Cescrihed a-s f ol l'""r-i: r.' Si:':t:i i':-:trcipai t'ler jrljan. Counti' of Glr: jp'i rl' Star't' 'j: r. l:i l.ull tri, t "., -:' l " Applicationhavingmadeby-oTonbehalfofallparties interested i"-ln!- f"regoing'Wiier .fllotment Contract and hearing on said AppIi""ii""-n.ii,g-been gtfy -hetd, it is-hereby ordered that said app-I-ication be'gianted and that the foregoing llater Allotment contract for o.o3i cubic feet per second. of water from the Districtrs direct flow rights and- 0.7 acre feet of water per yearisherebyapprovedandexecutedbyandonbehalfofthe Basalt water conservancy District, fOr the beneficiat use of the water alrotted in th; foregoing contract, upgn the terms, conditions and manner of piyrn"it ai therein specified and subject to the following specific conditions: ]-.Anyallotmentoflessthanlacrefootofstorage water in parag.;pi-, l- of th; foregoing and attached Contract- sha1l be-deemed 1 acre foot for purposes of establishing the annual water service charge for such water allotment' 2.ThattheApplicantprovidetheDistrictproofthat the proposed 1and use ot-Lne land to be benefitted by the water altotted hereunder has been approved by the applicable govern- mental autnoiiiies having juriJaiction over such land use' ORDER FOR APPLICATION By: BASALT WATER CONSERVANCY DISTRICT I herebY certifY that was entered bY the Directors District on the /'')'/' daY of ATTEST: ')t7i, ,. .1, **.- )u'*-a Secretary thE AbOVC ORDER FOR APPLICATION of the Basalt Water Conservancy (2c*z,L---<- -, L987 ' President