HomeMy WebLinkAboutEx 14 - Zancanella Report FinalExhibit 14 I Pump Test & Water Quality Report (Zancanella) Lake Springs Ranch Filing 2 Final Plat Application April 2018 P.Q. Box 1908 1011 Grand Avenue Glenwood Springs, CO 81602 Z4NC4NELL4 MND 4s5oo4 TEs; INC. 40,1 ENGINEERING CoNSuLr4t TS December 13, 2016 Tim Malloy TC Malloy Consulting, LLC 402 Park Drive Glenwood Springs, CO 81601 Re: Lake Springs Ranch PUD Dear Tim: (970) 945-5700 (970) 945-1253 Fax This report is in support of final plat application for Filing 2, PUD amendment. The amendment that resulted in reduction in the number of units was completed in 2012. More recent PUD amendments included a request to reduce the number of multi -family units (from 18 to 12) was completed earlier this year. There are no reduction in units associated with this application (final plat only). The current unit count is 118 single-family lots (including the lot upon which the existing Berkeley residence is located), plus 12 multi- family affordable housing units. See attached Sheet Plan -01 for additional development summary data. All units were assumed to be one EQR in both the original and the proposed amend PUD plan. Two existing commercial units were also included in the event the existing sod farm operation is serviced from the central system for a total of 130 EQRs. Five additional EQRs were included to provide some additional water rights flexibility. The estimated water demands are shown in Table 2a. The water demands of the Lake Springs Ranch PUD will be satisfied by two wells, Well D and Well E. Our previous reports to the County dated June 28, 2001, May 7, 2002, and, March 25, 2010 confirmed that the two wells are legally entitled to produce water sufficient to meet the needs of 198 EQRs under the Basalt Water Conservancy District contract approved in Case No. 95CW078. All of the Lake Springs Ranch Wells A-E are covered by one Basalt District Contract up to 450 gpm and consumptive use of 66 acre feet. This allows both the 135 units and additional uses at the sod farm to be accommodated. The contract and the well permits are up to date and in good standing. The previous reports stated that, although Well D is capable of producing water of sufficient quantity and quality to meet the needs of 198 EQRs on its own, a second well (Well E) would be constructed as a backup well. Well E has now been constructed, tested at 220 gpm and is being used for supplemental irrigation purposes. The attached report confirms that Well E produces water in sufficient quantities and quality to meet the needs of the amended PUD (see attached Well E test report Appendix B). Wells D and E are located adjacent to the tank and are both completed into the same aquifer. Either well is capable of providing an adequate water supply for the proposed PUD in both quantity and quality. Table 2a attached provides a summary of the water demands and consumptive use associated with the PUD. The average monthly peak demand in June is 73 gpm. Well E was pumped at a rate of 220 gpm. Table 1 also shows that the proposed amended PUD would use 17.39 of the 27 acre feet of the Basalt Contract dedicated to the Lake Springs Ranch. Finally, we have attached a current letter from the Basalt District stating that wells A-E are in good standing and covered by the Basalt Decree or the Basalt TSSP. In November 2016 Well D was retested at a pumping rate of 100 gpm for 24 hours to confirm that the available well capacity had not declined. A second set of water quality parameters were collected for laboratory analysis based on CDPHE requirements. All of the parameters were within acceptable levels. See attached results in Tables WQ 1 and WQ 2 attached. The second well test for Well D showed little drawdown while pumping the Well D at 100 gpm. The proposed pumping rate for the long term use of the wells for both Well D and Well E should be pumped at a rate of 100 gpm. The well setting should be 240 feet for each well so that the production and pumping head is closely matched into the tank discharge elevation. We would also recommend that the piping between the tank and the chlorination facility be piped with large diameter pipe (12 inch) piping to provide mixing and plugged flow for additional chorine contact prior entry into the tank. The appropriate pipe size will be based on the CDPHE submittal requirements CT time. If you have any questions, please contact our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. / %o comas 74 Z,,ea,,e /a Thomas A Zancanella 1 P.E. Office: 970.945.5700 1 970.379.2926 1 Fax: 970.945.1253 taz(@,za-enqineering.com Zancanella & Associates Inc. Engineering Consultants 1011 Grand Avenue 1 Glenwood Springs, CO 81601 Attachments cc: Mike Berkeley z:\97000's\97407 lake springs sub., dr. berkeley\2016\county report\lake springs pud report-malloy.docx Z.\97000's\97407 Lake Springs Sub., Dr. Berkeley\2016\2016 Well Test\Well_D.mxd t Legend O Well Locations L Lake Springs P.U.D. 0 1,000 2,000 4,000 1 inch = 2,000 feet Feet Carbondale. ' EAGLE COUNTY PITKIN COUNTY Vicinity Map DATE: Dec. 7, 2016 DRAWN BY: JAW CHKD BY: TAZ APPD BY: TAZ CLIENT: Lake Springs Ranch ZANCANELLA AND ASSOCIATES, INC. ENGINEERING CONSULTANTS POST OFFFICI: BOX 1908 - 1011 GRAND AVENUE GLENWOOD SPRINGS. COLORADO 81602 (970) 945-5700 FIGURE: 1 PROJECT: 97407 Table 2a Estimated Water Requirements Water Use Inputs Water Use Calculations Domestic Demands Commercial Demands Other Demands # of Residences 135 EQRs # of Commercial Units 2 EQRs Pond Surface Area 0 acres # persons/residence 3.5 cap/EQR # persons/unit 3.5 cap/EQR Annual Net Evaporation 3 ft # gallons/person/day 100 gpcd # gallons/person/day 100 gpcd (7) (8) Percent Consumed 0.05 Percent Consumed 0.05 (13) (14) Lawn Irrigation 2500 sq-fUEQR Lawn Irrigation 2500 sq-ft/EQR Irrigated Open Space 0 acres Application Efficiency 0.7 Application Efficiency 0.7 Application Efficiency 0.7 Crop Irrig Reqmnt (CIR) 1.87 ft Crop Irrig Reqmnt (CIR) 1.87 ft Crop Irrig reqmnt (CIR) 1.87 ft Water Use Calculations 12/13/16 Zancanella & Assoc., Inc. Water Resources Engineers Glenwood Springs, CO 118 Single family 12 Multi family 1 EQR/unit 1 EQR/unit 118 12 130 Diversion Requirements Consumptive Use (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) Domestic Commercial Dom\Comm Open Space Pond Average Domestic Commercial Dom\Comm Open Space Pond Average Month In-house In-house Irrigation Irrigation Evap. Total Flow In-house In-house Irrigation Irrigation Evap. Total Flow (ac -ft) (ac -ft) (ac -ft) (ac -ft) (ac -ft) (ac -ft) (gpm) (ac -ft) (ac -ft) (ac -ft) (ac -ft) (ac -ft) (ac -ft) (gpm) January 4.49 0.07 0.00 0.00 0.00 4.56 33.29 0.22 0.00 0.00 0.00 0.00 0.23 1.66 February 4.06 0.06 0.00 0.00 0.00 4.12 33.29 0.20 0.00 0.00 0.00 0.00 0.21 1.66 March 4.49 0.07 0.00 0.00 0.00 4.56 33.29 0.22 0.00 0.00 0.00 0.00 0.23 1.66 April 4.35 0.06 0.37 0.00 0.00 4.79 36.11 0.22 0.00 0.26 0.00 0.00 0.48 3.64 May 4.49 0.07 4.03 0.00 0.00 8.60 62.73 0.22 0.00 2.82 0.00 0.00 3.05 22.28 June 4.35 0.06 5.20 0.00 0.00 9.62 72.54 0.22 0.00 3.64 0.00 0.00 3.86 29.14 July 4.49 0.07 4.88 0.00 0.00 9.44 68.88 0.22 0.00 3.41 0.00 0.00 3.64 26.58 August 4.49 0.07 3.11 0.00 0.00 7.67 55.97 0.22 0.00 2.18 0.00 0.00 2.40 17.54 September 4.35 0.06 2.66 0.00 0.00 7.07 53.34 0.22 0.00 1.86 0.00 0.00 2.08 15.70 October 4.49 0.07 0.75 0.00 0.00 5.31 38.75 0.22 0.00 0.52 0.00 0.00 0.75 5.49 November 4.35 0.06 0.00 0.00 0.00 4.41 33.29 0.22 0.00 0.00 0.00 0.00 0.22 1.66 December 4.49 0.07 0.00 0.00 0.00 4.56 33.29 0.22 0.00 0.00 0.00 0.00 0.23 1.66 Annual 52.92 0.78 21.00 0.00 0.00 74.71 46.23 2.65 0.04 14.70 0.00 0.00 17.39 10.72 12/13/16 Zancanella & Assoc., Inc. Water Resources Engineers Glenwood Springs, CO 118 Single family 12 Multi family 1 EQR/unit 1 EQR/unit 118 12 130 PERMIT NO. 75843—F COMPLETED 6/23/1995 BY SHELT❑N DRILLING CORP. GROUND 0 LEVEL 20- 40- 60- 80- 100- 120- 0-285 140- V❑LCANICS, CLAYS, FLOWS 160- 180- 200- 220- 240- 260- 280- • : 300- 60-180-200-220-240-260- 280- 300- 285-320 RED CLAY 320 9" HOLE DIA 0' — 26' CONCRETE GROUT 6' — 26' 7" O.D. PLAIN STEEL CSG 0.240" WALL THICKNESS —1' — 26' 5.5" O.D. PLAIN STEEL CSG 0.188" WALL THICKNESS 10' — 210' 6.5" HOLE DIA 26' — 285' —STATIC WATER LEVEL 190' ON 6/23/1995 5.5" O.D. PERF STEEL CSG = 0.188" WALL THICKNESS _= 210' — 280' 5" HOLE DIA 285' — 320' TOTAL DEPTH = 320' WELL D WELL DIAGRAM SCALE: DATE: SHEET: NOT TO SCALE October 7, 2004 1 OF 1 DRAWN BY: SDS CHKD BY: BCP APPD BY: TAZ DRAWING: Well Detail.dwg Lake Springs Subdivision ZANCANELLA AND ASSOCIATES, INC ENGINEERING CONSUL TANTS POST OFFICE BOX 1908 — 1005 COOPER AVENUE GLENW00D SPRINGS, COLORADO 81602 (970) 945-5700 FIGURE NO. 2 PROJECT: 97407 PERMIT NO. 60688—F COMPLETED 2/24/2004 BY SHELT❑N DRILLING CORP. GROUND LEVEL 20- 40- 60- V❑LCANICS, 80- CLAYS 100- 120- 140- 160- 180 00-120-140- 160- 180 200 220 240 V❑LCANICS 260- 280- RED CLAYS 300- 320- 9' HOLE DIA 0' — 270' CONCRETE GROUT 10' — 40' 7' O.D. PLAIN STEEL CSG 0.240' WALL THICKNESS —1' — 210' STATIC WATER LEVEL 194' ON 2/24/2004 -- i 7' O.D. PERF STEEL CSG -0.240' WALL THICKNESS MAROON 340- FORMATION 350 7' O.D. PLAIN STEEL CSG 0.240' WALL THICKNESS 250' — 270' 6.5' HOLE DIA 270' — 350' TOTAL DEPTH = 350' WELL E WELL DIAGRAM SCALE: DATE: SHEET: NOT TO SCALE October 7, 2004 1 OF 1 DRAWN BY: SDS CHKD BY: BCP APPD BY: TAZ DRAWING: Well Deta➢.dwg Lake Springs Subdivision ZANCANELLA AND ASSOCIATES, INC ENGINEERING CONSUL TANTS POST OFFICE BOX 1908 — 1005 COOPER AVENUE GLENW00D SPRINGS, COLORADO 81602 (970) 945-5700 FIGURE NO. 3 PROJECT: 97407 Pump Test Drawdown and Recovery Figures November 1— November 4, 2016 Pv aos 1906 101) Grond Rvennc Glenwood Springs, co a1602 /NC\ E414C4N£LLA AND 4550041 .INC. ENGINEERING CON511LT4NTS (970) 945-5700 (970)945.1253 F. 188.8 188.9 189 FIGURE 4 Lake Springs Ranch Well D Pump Test Water Level Time Series - 0.1 - 0.2 c cs 189.1 189.2 189.3 - 0.3 - 0.4 - 0.5 189.4 0.6 Ao Oo Oo Oo Ao S. Oo ti'V O tin O tiN O y^r co ti\\Oyu \�r\, ti\\Oyu \�eOti� \moo \b\�Oy� \�& YNJ\ Ni N/ N/ by Yy\ by tiNJ\ Z:\97000's\97407 Lake Springs Sub., Dr. Berkeley\2016\2016 Well Test\ By: JAW Pump_Test.xlsx Zancanella & Associates, Inc. 12/1/2016 188.8 189 189.2 189.4 189.6 189.8 190 190.2 190.4 190.6 190.8 FIGURE 5 Lake Springs Ranch Well D Pump Test Drawdown , November, 2016 Test (Presented as water level and drawdown) August, 2000 Test (Presented as Drawdown) Notes: 1) Static water level for November, 2016 test = 188.80 ft 2) Static water level for August, 2000 test = 183.00 ft ti if y0 QO �O ti ii 0 0.2 0.4 0.6 0.8 1.2 1.4 1.6 1.8 2 Z:\97000's\97407 Lake Springs Sub., Dr. Berkeley\2016\2016 Well Test\ By: JAW Pump_Test.xlsx Zancanella & Associates, Inc. 12/1/2016 a, J 188.6 FIGURE 6 Lake Springs Ranch Well D Pump Test Residual Drawdown i ' `% • 188.7 - -0.1 0.2 188.8 - 0 188.9 - 0.1 189 - 0.2 189.1 - 0.3 November, 2016 Test (Presented as water level and drawdown) ----- August, 2000 Test (Presented as drawdown) 189.2 - 0.4 Notes: 1) Static water level for November, 2016 test = 188.80 ft 2) Static water level for August, 2000 test = 183.00 ft 189.3 - 0.5 189.4 ti y0 t/t' 0 v Z:\97000's\97407 Lake Springs Sub., Dr. Berkeley\2016\2016 Well Test\ By: JAW Pump_Test.xlsx Zancanella & Associates, Inc. 12/1/2016 Water Quality Table WQ 1 Table WQ 2 Table WQ 1 Raw Water Quality Analysis Lake Springs Ranch Well D, November 1, 2016 Test No. Analyte Category Classification Regulation Units Detection Level Result Standard Status 1 Aluminum 2 Antimony 3 Arsenic 4 Barium 5 Beryllium 6 Cadmium 7 Calcium 8 Chromium 9 Copper 10 Iron 11 Lead 12 Magnesium 13 Manganese 14 Mercury 15 Nickel 16 Silver 17 Sodium 18 Thallium 19 Zinc 20 Chloride 21 Cyanide 22 Fluoride 23 Selenium 24 Sulfate 25 Nitrate 26 Nitrite 27 Alkalinity, Bicarbonate 28 Alkalinity, Total 29 Calcium Carbonate 30 Conductivity, @ 25°C 31 Hardness 32 Langelier Index 33 pH 34 Temperature, Test 35 Total Dissolved Solids 36 Asbestos 37 Coliforms, Total (MPN) 38 Escherichia Coli (MPN) 39 Gross Alpha Activity 40 Gross Beta Activity 41 Radium 226 42 Radium 228 43 Radon 44 Uranium 45 2,4,5 -TP (Silvex) 46 2,4-D 47 Alachlor 48 Aldicarb 49 Aldicarb sulfone 50 Aldicarb sulfoxide 51 Atrazine 52 Benzo[a]pyrene 53 Carbofuran 54 Chlordane 55 Dalapon 56 Di(2-ethylhexyl)adipate 57 Di(2-ethylhexyl)phthalate 58 Dibromochloropropane 59 Dinoseb 60 Diquat 61 Endothall 62 Endrin 63 Ethylene dibromide 64 Glyphosate 65 Heptachlor 66 Heptachlor epoxide 67 Hexachlorobenzene 68 Hexachlorocyclopentadiene 69 Lindane 70 Methoxychlor 71 Oxamyl (Vydate) 72 Pentachlorophenol 73 Picloram 74 Polychlorinated biphenyls 75 Simazine 76 Toxaphene 77 1,1,1 -Trichloroethane 78 1,1,2 -Trichloroethane 79 1,1-Dichloroethylene 80 1,2,4-Trichlorobenzene 81 1,2-Dichloroethane 82 1,2-Dichloropropane 83 Benzene 84 Carbon tetrachloride 85 cis -1,2 Dichloroethylene 86 Dichloromethane (Methylene Chloride) 87 Ethylbenzene 88 Monochlorobenzene 89 o -Dichlorobenzene 90 Para -Dichlorobenzene 91 Styrene 92 Tetrachloroethylene 93 Toluene 94 Trans -1,2 Dichloroethylene 95 Trichloroethylene 96 Vinyl chloride 97 Xylenes, Total Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Nonmetal Nonmetal Nonmetal Nonmetal Nonmetal Oxidized Ammonia Oxidized Ammonia Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Mineral Fibers Bacterium Bacterium Particle Particle Radium Radium Radon Uranium Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Microorganism Microorganism Radionuclide Radionuclide Radionuclide Radionuclide Radionuclide Radionuclide Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Secondary Primary Primary Primary Primary Primary None Primary Secondary Secondary Primary None Secondary Primary Informal Secondary None Primary Secondary Secondary Secondary Primary Primary Secondary Primary Primary None None None None Informal None Secondary None Secondary Primary Primary Primary Primary Primary Primary Primary None Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L as CN" mg/L mg/L mg/L mg/L as N mg/L as N mg/L as CaCO3 mg/L as CaCO3 mg/L pS/cm mg/L as CaCO3 Standard Units Standard Units oc mg/L MF/L MPN/1 00mL MPN/1 00mL pCi/L pCi/L pCi/L pCi/L pCi/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L 0.003 NT 0.002 Below DL 0.0060 Pass 0.001 0.001 0.010 Pass 0.001 0.176 2.0 Pass 0.001 Below DL 0.0040 Pass 0.0005 Below DL 0.0050 Pass 0.41 N/A NT 0.001 Below DL 0.1000 Pass 0.01 NT 0.2 NT 0.0025 0.0150 Pass 0.5 NT 0.005 NT 0.001 Below DL 0.0020 Pass 0.001 Below DL 0.10 Pass 0.0005 NT 2.5 6.1 N/A N/A 0.001 Below DL 0.0020 Pass 0.05 NT 0.5 NT 0.005 Below DL 0.20 NT 0.2 0.28 4.0 Pass 0.001 Below DL 0.050 Pass 0.5 NT 0.01 1.03 10.0 (Category Total) Pass 0.03 Below DL 1.0 Pass 5 NT 5 NT 1 NT 1 NT 1 NT 0.1 NT 0.01 NT 0.1 NT 10 NT 0.06 NT 1 0 0 Pass 1 0 0 Pass 1.2 2.4 15.0 Pass 2.0 0 50.0 (Trigger Level) Pass 0.1 0.0 5.0 (Category Total) Pass 0.7 0.0 5.0 (Category Total) Pass 13 N/A NT 0.0007 0.0011 0.030 Pass 0.0002 Below DL 0.050 Pass 0.0001 Below DL 0.070 Pass 0.0002 Below DL 0.0020 Pass 0.0005 Below DL 0.0030 Pass 0.0005 Below DL 0.0020 Pass 0.0005 Below DL 0.0040 Pass 0.0001 Below DL 0.0030 Pass 0.00002 Below DL 0.00020 Pass 0.0005 Below DL 0.040 Pass 0.0002 Below DL 0.0020 Pass 0.001 Below DL 0.20 Pass 0.0006 Below DL 0.40 Pass 0.0006 Below DL 0.0060 Pass 0.00002 Below DL 0.00020 Pass 0.0002 Below DL 0.0070 Pass 0.0004 Below DL 0.020 Pass 0.009 Below DL 0.10 Pass 0.00001 Below DL 0.0020 Pass 0.00001 Below DL 0.000050 Pass 0.005 Below DL 0.70 Pass 0.00001 Below DL 0.00040 Pass 0.00001 Below DL 0.00020 Pass 0.00002 Below DL 0.0010 Pass 0.00005 Below DL 0.050 Pass 0.00001 Below DL 0.00020 Pass 0.00005 Below DL 0.040 Pass 0.0005 Below DL 0.20 Pass 0.00004 Below DL 0.0010 Pass 0.0001 Below DL 0.50 Pass 0.0001 Below DL 0.00050 Pass 0.00007 Below DL 0.0040 Pass 0.0005 Below DL 0.0030 Pass 0.0005 Below DL 0.20 Pass 0.0005 Below DL 0.0050 Pass 0.0005 Below DL 0.0070 Pass 0.0005 Below DL 0.070 Pass 0.0005 Below DL 0.0050 Pass 0.0005 Below DL 0.0050 Pass 0.0005 Below DL 0.0050 Pass 0.0005 Below DL 0.0050 Pass 0.0005 Below DL 0.070 Pass 0.0005 Below DL 0.0050 Pass 0.0005 Below DL 0.70 Pass 0.0005 Below DL 0.10 Pass 0.0005 Below DL 0.60 Pass 0.0005 Below DL 0.0750 Pass 0.0005 Below DL 0.10 Pass 0.0005 Below DL 0.0050 Pass 0.0005 Below DL 1.0 Pass 0.0005 Below DL 0.10 Pass 0.0005 Below DL 0.0050 Pass 0.0005 Below DL 0.0020 Pass 0.0005 Below DL 10.0 Pass Zancanella & Associates, Inc. Z:\97000's\97407 Lake Springs Sub., Dr. Berkeley\2016\Water Quality\WaterQualitySummary-Well D.xls RawDrinkingLongAnalysis 12/8/2016 Table WQ 2 Raw Water Quality Analysis Lake Springs Ranch Well E, 03 FEB 2010 Test No. Analyte Category Classification Regulation Units Detection Level Result Standard Status 1 Aluminum 2 Antimony 3 Arsenic 4 Barium 5 Beryllium 6 Cadmium 7 Calcium 8 Chromium 9 Copper 10 Iron 11 Lead 12 Magnesium 13 Manganese 14 Mercury 15 Nickel 16 Silver 17 Sodium 18 Thallium 19 Zinc 20 Chloride 21 Cyanide 22 Fluoride 23 Selenium 24 Sulfate 25 Nitrate 26 Nitrite 27 Alkalinity, Bicarbonate 28 Alkalinity, Total 29 Calcium Carbonate 30 Conductivity, @ 25°C 31 Hardness 32 Langelier Index 33 pH 34 Temperature, Test 35 Total Dissolved Solids 36 Asbestos 37 Coliforms, Total (MPN) 38 Escherichia Coli (MPN) 39 Gross Alpha Activity 40 Gross Beta Activity 41 Radium 226 42 Radium 228 43 Radon 44 Uranium 45 2,4,5 -TP (Silvex) 46 2,4-D 47 Alachlor 48 Aldicarb 49 Aldicarb sulfone 50 Aldicarb sulfoxide 51 Atrazine 52 Benzo[a]pyrene 53 Carbofuran 54 Chlordane 55 Dalapon 56 Di(2-ethylhexyl)adipate 57 Di(2-ethylhexyl)phthalate 58 Dibromochloropropane 59 Dinoseb 60 Diquat 61 Endothall 62 Endrin 63 Ethylene dibromide 64 Glyphosate 65 Heptachlor 66 Heptachlor epoxide 67 Hexachlorobenzene 68 Hexachlorocyclopentadiene 69 Lindane 70 Methoxychlor 71 Oxamyl (Vydate) 72 Pentachlorophenol 73 Picloram 74 Polychlorinated biphenyls 75 Simazine 76 Toxaphene 77 1,1,1 -Trichloroethane 78 1,1,2 -Trichloroethane 79 1,1-Dichloroethylene 80 1,2,4-Trichlorobenzene 81 1,2-Dichloroethane 82 1,2-Dichloropropane 83 Benzene 84 Carbon tetrachloride 85 cis -1,2 Dichloroethylene 86 Dichloromethane (Methylene Chloride) 87 Ethylbenzene 88 Monochlorobenzene 89 o -Dichlorobenzene 90 Para -Dichlorobenzene 91 Styrene 92 Tetrachloroethylene 93 Toluene 94 Trans -1,2 Dichloroethylene 95 Trichloroethylene 96 Vinyl chloride 97 Xylenes, Total Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Metal Nonmetal Nonmetal Nonmetal Nonmetal Nonmetal Oxidized Ammonia Oxidized Ammonia Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Mineral Fibers Bacterium Bacterium Particle Particle Radium Radium Radon Uranium Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Synthetic Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Volatile Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Inorganic Microorganism Microorganism Radionuclide Radionuclide Radionuclide Radionuclide Radionuclide Radionuclide Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Organic Secondary Primary Primary Primary Primary Primary None Primary Primary Secondary Primary None Secondary Primary Informal Secondary None Primary Secondary Secondary Primary Primary Primary Secondary Primary Primary None None None None Informal None Secondary None Secondary Primary Primary Primary Primary Primary Primary Primary None Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary Primary mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L as CN- mg/L mg/L mg/L mg/L as N mg/L as N mg/L as CaCO3 mg/L as CaCO3 mg/L pS/cm mg/L as CaCO3 Standard Units Standard Units °C mg/L MF/L MPN/100mL MPN/100mL pCi/L pCi/L pCi/L pCi/L pCi/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L 0.003 0.002 0.004 0.01 0.001 0.0005 0.41 0.01 0.01 0.2 0.0025 0.5 0.005 0.001 0.01 0.0005 2.5 0.001 0.05 0.5 0.005 0.2 0.002 0.5 0.01 0.004 5 5 1 1 1 0.1 0.01 0.1 10 0.06 1 1 1.2 2.0 0.1 0.7 13 0.0007 0.0002 0.0001 0.0002 0.0005 0.0005 0.0005 0.0001 0.00002 0.0005 0.0002 0.001 0.0006 0.0006 0.00002 0.0002 0.0004 0.009 0.00001 0.00001 0.005 0.00001 0.00001 0.00002 0.00005 0.00001 0.00005 0.0005 0.00004 0.0001 0.0001 0.00007 0.0005 0.0005 0.0005 0.0005 0.0005 0.0005 0.0005 0.0005 0.0005 0.0005 0.0005 0.0005 0.0005 0.0005 0.0005 0.0005 0.0005 0.0005 0.0005 0.0005 0.0005 0.0005 Below DL Below DL Below DL 0.17 Below DL Below DL 63.9 Below DL Below DL Below DL Below DL 9.0 Below DL Below DL Below DL Below DL 6.0 Below DL Below DL 3.1 Below DL Below DL Below DL 5.5 1.2 Below DL 189 189 160 338 160 0.1 7.46 20.0 254 Below DL 0 0 4.8 0.7 0.2 0.2 170 0.0008 Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL Below DL 0.20 0.0060 0.010 2.0 0.0040 0.0050 N/A 0.1000 1.3000 0.30 0.0150 N/A 0.050 0.0020 0.10 0.10 N/A 0.0020 5.0 250 0.20 4.0 0.050 250 10.0 (Category Total) 1.0 N/A N/A N/A N/A 300 N/A 6.5 < pH < 8.5 N/A 500 7.00 0 0 15.0 50.0 (Trigger Level) 5.0 (Category Total) 5.0 (Category Total) N/A 0.030 0.050 0.070 0.0020 0.0030 0.0020 0.0040 0.0030 0.00020 0.040 0.0020 0.20 0.40 0.0060 0.00020 0.0070 0.020 0.10 0.0020 0.000050 0.70 0.00040 0.00020 0.0010 0.050 0.00020 0.040 0.20 0.0010 0.50 0.00050 0.0040 0.0030 0.20 0.0050 0.0070 0.070 0.0050 0.0050 0.0050 0.0050 0.070 0.0050 0.70 0.10 0.60 0.0750 0.10 0.0050 1.0 0.10 0.0050 0.0020 10.0 Zancanella & Associates, Inc. Z:\97000's\97407 Lake Springs Sub., Dr. Berkeley\2010\WaterQualitySummary RawDrinkingLongAnalysis 12/7/2016 Well D (Well Permit No. 75843-F) Well Permit & Well Construction and Test Report Pv ao. 1906 101) Grond Rvennc Gienwood Springs, co a1602 E414C4N£LLA AND 4550041 .INC. ENGINEERING CON511LT4NTS (970) 945-5700 (970)945.1253 F. Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 EXST WELL PERMIT NUMBER 75843 -F DIV. 5 WD 38 DES. BASIN MD BERKELEY FAMILY LIMITED PARTNERSHIP 3961 CR 114 GLENWOOD SPRINGS, CO 81601- (970) 945-4120 PERMIT TO USE AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SE 1/4 Section 33 Township 6 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 650 Ft. from South 150 Ft. from East Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2), to use an existing well permitted under 60687-F (expired), on the condition that this well is operated in accordance with the Basalt Water Conservancy District's Augmentation Plan approved by the Division 5 Water Court in case no. 01 CW0305. If this well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. BWCD contract #292. This well is known as Well D. 4) The use of ground water from this well is limited to a water supply for 196 residential units and 2 commercial units and 11.36 acres of landscape irrigation (approximately 2,500 square feet of irrigation per unit). All use of this well will be curtailed unless the plan of augmentation is in effect. 5) The pumping rate of this well shall not exceed 150 GPM. 6) The combined annual amount of ground water to be appropriated by Lake Springs Ranch Wells C, D, & E pursuant to BWCD contract #292 shall not exceed 108 acre-feet. 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 must be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 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 requester //5 » i, APPROVED JSG Receipt No. 3653373 State Engineer DATE ISSUED 01-30-2012 By EXPIRATION DATE 01-30-2013 , / ORIGINAL V WELL COMPLETION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER •' OFRCE i''l a li T WATER RESoURCF-S STATE ENGICER COLO NUMBER MailingOWNEFt'S NAME(5) Dr . Michael Berkley Address 3961 CountyRoad 114 City. St. Zip Glenwood Springs , Co • 81601 Phone 970 945-2560 WELL LOCATION AS DRILLED ; SW 1/4 SE 114 ; Sec. 33 Twp. 6S , Range 88W DISTANCE FROM SEC. LINES : 1 Ft. From Sec. Line. And Ft From Sec. Line. Or SUBDIVISION: LOT ! BLOCK FILING (UNIT) STREET ADDRESS AT WELL LOCATION : 4. GROUND SURFACE ELEVATION ft. DRILLING METHOD : Air Rotary DATE COMPLETED 06/23/95 . TOTAL DEPTH 320 ft. COMPLETED DEPTH 280 ft. 5. GEOLOGIC LOG : Depth Type of Material (Size. Color. Type and Water Located) ' • •. In 9.0 0.0 26 000-285 Volcanics Clays, Flows 6.5 26 285 Red Clay 5. 285 320 ,285-320 I 7. PLAIN CASING OD(in) Kind Wall Size From (ft) To (ft) 1 7.0 Steel 0.240 0.0 26 5.5 Steel 0.188 10 210 PERF. CASING ; Screen Slot Si e • 5.5 Steel 0.188 210 280 WATER LOCATED : '215-285 REMARKS : 8. Filter Pack Material Size Interval 9. Packer Placement Type Depth 10. GROUTING RECORD: Material Amount Density interval Plaoement cement 3 sks 6 gal/s.6-26 poured 11. DISINFECTION : Type HTH Amt. Used 3 oz. 12. WELL TEST DATA : [) Check Box If Test Data Is Submitted On Supplemental Form. TESTING METHOD : Air compressor Static Level : 190 ft. Date/Time Measured 06/23/95 Production Rate 50 gpm Pumping Level : Total ft. Date/Time Measured 06/23/95 Test Length (hrs) 2 Remarks : 1 have read the statements made herein and know the contents thereof. and that they are true to my knowledge ( Pursuant to Section 24-4-104 (13)(a) CRS, the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.) CONTRACTOR : Shelton Drilling Co. Phone: 303-927-4182 Lic.No, 1095 Mailing Address : PO Box 1059 Basalt , Co . 81621. Name 1 Title (Please Type or Print) Wayne Shelton / President Sign a Date 06/26/95 Well E (Well Permit No. 60688-F) Well Permit, Well Construction and Test Report, & Pump Installation Report Pv ao. 1906 101) Grond Rvennc Gienwood Springs, co a1602 /NC\ E4NC1N£LLA AND Ass-on4rEs.INC. ENGINEERING CONSULTANTS (970) 945-5700 (970)945.1253 F. Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg , 1313 Sherman SL, Denver, Colorado 80203 (303) 868-3581 APPLICANT LIC WELL PERMIT NUMBER 60688 -F DIV. 5 WD38 DES. BASIN MD BERKELEY FAMILY LIMITED PARTNERSHIP 3961 CR 114 GLENWOOD SPRINGS, CO 81601- (970) 9454120 CHANGE/EXPANSION OF USE OF AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SE 1/4 Section 33 Township 6 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 650 Ft. from South Section Line 50 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 pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an altemate paint of diversion to the Basalt Conduit, on the condition That the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the Slate Engineer, Is in effect and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect. or under an approved plan for augmentation. BWCD contract #292. 4) The use of ground water from this well is limited to a water supply for 196 residential units and 2 commercial units and 11.36 acres of landscape Irrigation (approximately 2,500 square feet of irrigation per unit). All use of this well will be curtailed unless the water allotment contract or a plan for augmentation Is in effect. This well is known as Well E. 5) The maximum pumping rate of this well shall not exceed 150 GPM. 6) The combined annual amount of ground water 10 be appropriated by Wells C, D. & E pursuant to BWCD contract #292 shall not exceed 108 acre-feet. 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 pernit and at least 600 feel from any existing well, completed in the same aquifer, that is not owned by the applicant. 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. d V- of (Z6 /c`I Permit Expiration Date Extended to January 26, 2006 AOT 1-18-05 APPROVED �+� JWR Stale Engineer Receipt No. 0513925B DATE ISSUED 01-26-2004 TION DATE \ 01-26-2005 • 1 WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER FOR OFFICE USE ONLY REHM MAY 1 3 2004 WATER RESOURCES STAT COLD. APPROVAL N GWS31-91.03 1. WELL PERMIT NUMBER 60688-F 2. Owner Name(s): Berkeley Family Limited Partnership Mailing Address: 3961 County Road 114 City, State, Zip : Glenwood Springs, Co. 81601 City, Phone # 3. NELLISZCATIMLASMILLED DISTANCES FROM SEC. LINES SE 114 SE 114 Sec: 33 Twp: 6 S Range: 88 W 705 ft. from South Sec. tine and 220 fl. from East Sec. line OR Northing: Easting: SUBDIVISION: LOT: BLOCK: FILING (UNIT): STREET ADDRESS AT LOCATION 4 GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED: 2/24/2004 TOTAL DEPTH: 350 DEPTH COMPLETION: 270 5. GEOLOGIC LOG 6.1IOLE DIAMETER (in) FROM (ft) TO (11) Depth Type of Material (Size, Color, and Type) 9.0 0 270 000-154 Volcanics, Clays 6.5 270 350 154-237 Volcanics 237-326 Clays (Red) 7. PLAIN CASING 326-350 Maroon Formation OD (in) Kind Wall Sizc From (ft) To (11) 7.0 Steel 0.240 -1 210 7.0 Steel 0.240 250 270 PERF. CASING : Screen Slot Size 7.0 Steel 0.240 210 250 Water Located: Remarks : 8. Filter Pack Material : Size : Interval : 9. Packer Placement Type : Depth : 10. GROUTING RECORD Material Amoum Density Imerval Placement Cement 5 sks 6 gallsk (0-40 poured 11. DISINFECTION : Type : HTH Amt. Used : 6 oz. 12. WELL TEST DATA : () Check Box If Test Data Is Submitted On Supplemental TESTING METHOD : Air Compressor Static Level : 194 fi. Date/Time Measured 2/24/2004 Production Rate 50+ gpm Pumping Level : Total ft. Date/Time Measured 2/24/2004 Test Length : 2 hours Test Remarks : herem a1 11 mon thatey, true to my ke Iedse. (Pursuant to Season 244.1-4 { 13 Xe) CRS, the making allelic statements mrad bstaiuyem h tl madd derma atouldlutrA 13. 1 him rad is Pimcle ams a t CORACTOR : Shelton Drilling Corp. Phone : (970) 927-4182 NT Mailing Address : P.O. Box 1059 Basalt, C . (621 Lic. No. (095 Name / Title (Please Type or Print) Wayne Shelton 1 President Signa Date 5/11/2004 Ai. r UKIVIIV /ice Jan -23--06 02:57P P.04 FORM NO. CAY8,32 0212005 PUMP INSTALLATION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 1313 Sherman St., Room 618, Denver. CO 60203 Into (303) 866-3587 Main (303) 866-3581 Fax (303) 866-3589 httpJlwww.water.slate,co,us 1. WELL PERMIT NUMBER: 80688 F 2. WELL OWNER INFORMATION NAME OF OWNER Berkeley Family Limited Partnership MAILING ADDRESS 3961 County Road 114 CITY STATE Glenwood Springs CO TELEPHONE # (970) 945.25e8 .. _ .. 3. WELL LOMATIO ( pFi1U P , 114, IZIP CODE 81601 Felt office Use Oi Iy .. 2 ITEMVEir is z 110:"4{11 ha SE1/4 Sec. aa, Twp. g 0 N or CD S. Range $$ 0 E or l34 W DISTANCES FROM SEC. LINES: 705 ft. from ❑ N or ® S ser:tion lino and 220 tt. Irom ® E or 0 W section fine. SUBDIVISION: LOT _._, BLOCK . FILING (UNIT) Optional GPS Location: GPS UnII must use the following settings: Format must be UTM, Units Easting: muse be meters, Datum must be NAD83, Unit must be set to true N, 0 Zone 12 or ❑ Zone 13 Northing. TTREETADDRESS AT WELL LOCATION:, 4. PUMP DATA. Type: 51.444EP--00c E Date Installed: ,V.id'/1u5 Pump Model No. _GT '"? 'AL 5 - Pump Manufacturer: N^ °t w+44J- 4 - Design GPM at RPM - HP is Volts Z-YLl _ Full Load Amps Pump Intake Depth: TWO Feet, DroplColumn Plpe Size � Inches, tend of Drop Pipe -e' ADDITIONAL INFORMATION FOR PUMPS GREATER THAN 50 GPM: Turbine Driver Type: ❑ Electric 0 Engine ❑ Other Design Head foot Number of Stages Shalt size inches 5. OTR EQUIPMENT Airline Installed ❑ Yes No. Orifice Depth ft. __._ Monitor Tube Installed [I Yes ® No, Depth ft. Flow Meter Mfg. /✓4M Motor Serial No. - _- Meter Readout: Gallons, 0 Thousand Gallons, 0 Acra feet Beginning Reading 8. TEST DATA: 0 check box if Test Data is submitted on Supplornontal Form. Data: 2124104 Total Welt Depth: 350 ft. Time: Static Leval: 104 ft. Rate (gpm): 50 Dete Measured: 2124/04 Pumping Level (ft): 1. DISINFECTION: Typo NTH potlots Amt. Used 1 pound B. Water Duality analysis available: ❑ Yes 23 No If yes, please submit with this report. 9. Remarks: Owner Jnstallectnumo 10. I have read the statements made herein and know the contents thereof, and they are true 10 my knowledge. This document is signed and certified in accordance with Rule 17.4 of the Water Well Construction Rules, 2 CCR 402.2. (The filing of a document that cnnta ns fnlso statements re a violation of section 37-91-108(1)(e), C.R.S., and is punishable by fines up to 55000 and/or revocation of the contracting Ilcense.j Company Name: Berkeley Famffy Limited Partnership Mailing Address: 3961 County Road 114, Glenwood Springs, CO 81601 Signature Print Name and Title Vgt fed ieer-ril 6/v1 Phone (970)945-2568 �License Number: N/A ja_to 7z06 APPENDIX "A" Water Rights Basalt Contract Water Court Decrees - W3571 and 95CW079A Well Permit - WeII C Contract Number3.3.5.292 Contract Date: 4/14/1997 A. Water User: Berkeley Family Limited Partnership 3961 CR 114 Glenwood Springs 00 81601 B. Quantity of Water66.00 Acre Feet per Annum C. Maximum Daily Demand: 1.000 Cubic Feet Per Second D. Legal Source ofWater: 1. Auproved, District Substitute Supply Plan E. Source(s) of Augmentation/Replacemeflt Ruedi Reservoir F. Type ofUse: Domestic, 95 SingIe Family Homes G. District Area: A H. Monthly Diversion Schedule (Acre Feet): Month: Total Diversion Consumptive Use January 3.32 0.50 February 3.00 0.45 March 3.32 0.50 April 3.69 0.86 May 8.46 4.61 June 9.92 5.85 July 9.60 5.52 August7.313.69 September 6.62 3.21 October 4.17 1.18 November 3.21 0.48 Annual Total 1. Well Permit Numbers: 65.96 27.35 257 'RESOURCE ■■N•■ E N G I N E E R I N G 1 N C Mr. Tom Zancanella, P.E. Zancanella and Associates PO Box 1908 Glenwood Springs CO 81602 RE: Lake Springs Ranch (Berkeley) - BWCD Contract No. 292 Dear Tom: June 7, 2001 Berkeley Family Limited Partnership hold the subject water service contract in the amount of 1.0 cfs (450 gpm) and 66 AF for Lake Springs Ranch P.U.D. It covers Lake Springs Wells A - D and Lake Springs Ranch Spring. It is our understanding that current development plans call for 198 residential units with 2,500 SF of irrigation per unit. The proposed development has an estimated annual consumptive use of only 25.13 AF. This is Tess than the 66 AF contract amount. Your letter of June 1, 2001 requests an amendment to contract 292 which will apply 27 AF (25.13 AF + 5% transit Toss) for the 198 unit PUD and the remaining 39 AF for irrigation at the sod farm. The monthly distribution of the 66 AF contract was included in your letter. A fifth well, Lake Spring Well E, is to be developed as a supplemental water source. The instantaneous diversion rate at all wells will not exceed 450 gpm. As you know this contract fails within the area for which the State Engineer's Office has temporarily placed a moratorium on new Area A contracts. However we believe that this contract can continued to be administered under the Substitute Water Supply Plan as a pre-existing contract even if amended. The one exception may be the addition of the new Well E. We would take the position that because there is no proposed increase in the rate of diversion nor in the annual depletions, We will present the proposed amendment to the BWCD Board for approval at the next scheduled meeting. Sincerely, RESQ4RCE. ENGINEERING, INC. S. Bussone, P.E. Water Resources Engineer PSB/mmm 033-7.0 tz 292 amendment.033.wpd 3.3.5.292 Consulting Engineers and Hydrologists 909 Colorado Avenue MI Glenwood Springs, CO 81 601 M (970) 945-6777 ® Fax (970) 945-1137 1:04 PM 12/06/16 Accrual Basis Basalt Water Conservancy District Register QuickReport January 1, 2000 through December 6, 2016 Type Date Num Memo Paid Open Balance Amount Berkeley Family Ptr(292) Stmt Charge 07/13/2000 2000 Contract Fee for the billing period 4/1/00 - 3/31/01 Paid 5,425.00 Payment 07/24/2000 1110 Paid -5,425.00 Stmt Charge 09/23/2001 2001 Contract Fee for the billing period 4/1/01 - 3/31/02 Paid 2,575.00 Payment 10/01/2001 9682 Paid -2,575.00 Stmt Charge 09/23/2003 2003 Contract Fee for the billing period 4/1/03 - 03/31/04 Paid 3,090.00 Payment 09/30/2003 1248 Paid -3,090.00 Stmt Charge 02/24/2004 2002 Contract Fee for the billing period 4/1/02 - 3/31/03 Paid 3,090.00 Payment 05/18/2004 1259 Paid -3,090.00 Stmt Charge 09/16/2004 2004 Contract Fee for the billing Period 4/1/04 - 3/31/05 Paid 4,384.00 Payment 09/29/2004 1274 Paid -4,384.00 Stmt Charge 05/09/2005 2005 Contract Fee for the billing period 4/1/05 - 3/31/06 Paid 4,524.00 Payment 06/07/2005 1309 Paid -4,524.00 Stmt Charge 07/28/2006 2006 Contract Fee for the billing period 4/1/06 - 3/31/07 Paid 4,692.00 Payment 08/25/2006 13801 Rivendell Sod check Paid -4,692.00 Stmt Charge 06/13/2007 2007 Contract Fee for the billing period 4/1/07 - 3/31/08 Paid 4,860.00 Stmt Charge 06/13/2007 Pro Rata share of the batch augmentation plan, 01CW305 Paid 500.00 Payment 06/27/2007 Paid -5,360.00 Stmt Charge 08/10/2008 2008 Contract Fee for the billing period 4/1/08 - 3/31/09 Paid 5,028.00 Payment 08/21/2008 15420 Paid -5,028.00 Stmt Charge 05/07/2009 2009 Contract Fee for billing period 4/1/09 - 3/31/2010 Paid 5,168.00 Payment 05/14/2009 15906 Paid -5,168.00 Stmt Charge 07/09/2010 2010 Contract fee for billing period 4/1/2010 - 3/31/2011 Paid 5,364.00 Payment 07/16/2010 16856 Paid -5,364.00 Stmt Charge 08/09/2011 2011 Contract Fee for billing period 4/1/2011 to 3/31/2012 Paid 5,560.00 Payment 08/24/2011 17666 Paid -5,560.00 Stmt Charge 07/10/2012 2012 Contract fee for billing period 4/1/2012-3/31/2013 Paid 5,728.00 Stmt Charge 07/10/2012 Pro Rata share of the batch augmentation plan, 01CW305 ($3000 total, $500 paid in 2007) Paid 2,500.00 Payment 07/17/2012 18131 Paid -8,228.00 Stmt Charge 05/23/2013 2013 Contract Fee for billing period 4/1/2013 - 3/31/2014 Paid 6,014.40 Payment 06/11/2013 30032 Paid -6,014.40 Stmt Charge 08/04/2014 2014 Contract fee for billing period 4/1/14 - 3/31/15 Paid 6,315.12 Stmt Charge 07/29/2015 2015 Contract fee for billing period 4/1/15 - 3 /31/16 Paid 6,372.00 Payment 10/07/2015 1679 Paid -6,315.12 Payment 05/23/2016 07051... Paid -6,372.00 Stmt Charge 09/02/2016 2016 Contract fee for billing period 4/1/16 - 3/31/17 Paid 6,624.00 Payment 09/13/2016 1680 Paid -6,624.00 Total Berkeley Family Ptr(292) 0.00 0.00 TOTAL 0.00 0.00 Page 1 BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 292 Pursuant to C.R.S. 1973, 37-45-131 Berkeley Family Limited Partnership, a Colorado Limited Partnership (hereinafter "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, et , for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following terms and conditions: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled is receive and apply to beneficial use 1.0 cubic feet of water per second from the District's direct flow rights and 66 acre feet per year of storage water owned or controlled by the District. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit. Landis Canal, Stockman's Ditch Extension, 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 rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange releases made from the District's storage rights in Ruedi Reservoir 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 Reservoir shall be subject to the District's lease Contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. 3. PURPOSE AND LOCATION OF USE: Applicant will use the waters herein granted for beneficial purposes limited to the augmentation of existing and future wells and other water sources, within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described on Exhibit "A" attached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: X Domestic/Municipal Industrial/Commercial Agricultural Other Note: Domestic use for 95 -unit PUD consisting of single family homes with 5.000 square feet of lawn and garden irrigation per lot. Applicant acknowledges that usage of the District's water rights as herein contemplated shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right 11:WKABWCMEXICi•SLY‘ALI.OT. CON 1 to use certain waters. It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may, utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allot- ment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to. allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be solely responsible for providing works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. 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 State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to 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 an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's 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. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, written notice thereof will It.1174014WCfl BfAKFLEY\AILt]T. CON 2 be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after said written notice, the District may, at its option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi -municipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be Liable for such curtailment. 5. APPROPaIATJON OF FUNDS: The Applicant agrees that so long as this Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 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, or 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 will hereafter be subdivided or otherwise held or owned in separate ownership interest by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the Applicant's rights 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 shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract, have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 11:\DK1 I WCQ18t]tKELMALLOT,CON 3 7. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides. in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and up.on the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 13. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and u:\ NO Ew C D 1 W XX U. m AU1)T. CO N 4 shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. 14. WELL SPACING REQUIREMENTS: Applicant must comply with the well - spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. 15. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. Applicant's Address: 3961 County Road 114 Glenwood Springs, CO 81601 STATE OF jp/''z. (1U } COUNTY OFarc,tge cL ) Subscribed and sworn to before me this;e4 . day of 4,r, , 1997, Michael E. Berkeley as General Partner of the Berkeley Fami Limited Partnershi APPLICANT: Berkeley Family Limited Partnership By: iVlichae y , General Part SS. I E. Be ele T by G r y p. WITNESS my hand and official seal. My commission expires: /-5----9,e II: flK 9WCTXRI3 CU1:Y1A111TT. CON 5 Notary Public ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT BERKELEY FAMILY LIMITED PARTNERSHIP CONTRACT NO. 292 Application having been made by or on behalf of the Berkeley Family Limited Partnership and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for 1.0 cubic feet of water per second from the District's direct flow rights and 66 acre feet per year of storage water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water'allotted in the attached Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicant has acknowledged that the land to be bgnefitted by the attached Contract is described in Exhibit A, attached hereto and incorporated herein by reference. Applicant intends to develop the property into a PUD with 95 single-family homes. The wells through which diversion -of the allotted water will be made were constructed under Well Permit Nos. 24099-F, 24101-F, 038393-F, and MH25625, as issued by the Colorado Division of Water Resources and the Applicant has applied for new well permits for such wells. An additional water supply diversion point for the allotted water will be the Lake Springs Ranch Spring. By executing this Contract and accepting the benefits thereof, the Applicant agrees that all charges and fees assessed under this Contract are its obligation. The Applicant acknowledges for itself and for its successors in interest that the allotment of water under this Contract is expressly conditioned upon the full and timely performance of all obligations of this Contract. 2. In the event of the division of the property served by this Contract into three (3) or more parcels owned by different persons, the Applicant shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property described in the Application on file with the District and the Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District to enforce payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 3. The Applicant shall 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 governmental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 4. By acceptance of this Contract, Applicant acknowledges that within two years of the date hereof or such later date as the District may approve, the Applicant shall file with the Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes hereinabove set forth or the Applicant's water allotment as provided in this Contract shall be included in a water rights plan of Il:U)KlBWCTTBE7tXEIEYIA LOT.ORD -1- augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders included in such plan; provided that inclusion of the Applicant's water allotment in the District's plan of augmentation shall be at the District's sole discretion. The District may establish an augmentation plan fee to be paid by the holder of any Contract to be included within a plan of augmentation to be filed by the District, which fee shall be payable in advance of the inclusion of such Contract in a District plan of augmentation and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the Contract holder. 5. Any and all conditions imposed upon the release and diversion of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constitute the District's representation that the Applicant will receive a well permit or water rights decree for the land to be benefitted hereby. 6. If Applicant intends to divert water through a well or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obligated to deliver water for the benefit of Applicant hereunder. Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. Approved this / q day of Attest: BY: V.) Barbara Mick - Secretary tI:lDK\BWCirPE1 XEiE•Y\ALLOT.QtO t , 1997. BASALT WATER CONSERVANCY DISTRICT By: -2- w-3571, W-3572, W-3573, W-3574, w-3997 8. The well has not been completed and the water has not been applied to beneficial use. 9. The water from this well will be used in the central water supply system for the Lake Springs Ranch Development. The Referee does therefore conclude that the above entitled application should be granted and that 0.44 cubic foot of water per second of time with appropriation date of December 19, 1978, is hereby awarded conditionally to Lake Springs Ranch Well C., for irrigation, municipal, domestic, fire protection, and livestock water purposes, provided always that said 0.44 cubic foot of water tier second of time in on the condition that said vuantity of water be applied to a beneficial use within a reasonable time; subject, however, to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law, and further subject to the "conditions of aproval" of the permit as set forth in paragraph 7 above. Application for a quadrennial finding of reasonable diligence shall be filed in March of 1985 and in March of every fourth calendar year thereafter so long as claimant desires to maintain_ this conditional water right or until a determination has been made that this conditional water right has become an absolute water right by reason of the completion of the appropriation. W-3571 This application is an application for change of,water right and for approval of Plan for augmentation. 1. The statements in the amended application are true. 2. The name and address of the applicant is Foster Petroleum Corporation; P. 0. Box 698; Carbondale, Colorado. 3_ The applicant has been awarded in this Consolidated Case, conditional water rights to Lake Springs Ranch Spring, to Lake Springs Ranch Well A, to Lake Springs Ranch Well B., and Lake Springs Ranch well C, at the locations, and in the quantities as previously set forth herein. 4. The applicant is also the owner of the following water rights: W-3571, w-3572, W-3573, W-3574, 'N-3997 Name of Ditch Van Cleve No. 1 Van Cleve No. 2 Van Cleve No. 2, First Enlargement Amount 1.4 0.9 2.0 Priority No. 45 46 121 5.(a) The point of diversion of the Van Cleve No. 1 Ditch, as decreed., is located on the South side of a spring in Section 33, T. 6 S., R. 88 W. of the 6th P.M. (b) The point of diversion of the Van Cleve No. 2 Ditch is located on the Southeast bank of the outflow of a spring in Section 33, T. 6 S., R. 88 W. of the 6th P.M. The actual, location is in the SW SE< of Section 33, T. 6 S., R. 88 W. of the 6th P.M at a point whence the Southeast Corner of said Section 33 bears S. 84°00' E. 2,500 feet. 6. The purpose of the plan for augmentation is to provide an adeouate and dependable supply of water for the Lake Springs Ranch Development, a proposed Planned Unit Development. 7. Statements of Opposition were timely filed by Colorado Mountain Junior College District, and by Union Oil Company of Colorado, and an Entry of Appearance was filed by Los Amigos Ranch Partnership. As a result the application was re-referred by the Water Referee to the Water Judge for Water Division No. 5. 8. Stipulations and agreements have been filed by the Applicant and the Objectors which contain the following facts and protective conditions to Prevent injury to the 0bje6rs or other owners or users of decreed water rights. A_ The water rights previously awarded to the Van Cleve No. 1 Ditch, the Van Cleve No. 2 Ditch and the Van Cleve Ditch, First Enlargement, have been used historically for irrigation on 120 acres of land, resulting 72 acre feet of historical consumptive use. hV B. Applicant's proposed development is for a maximum of 220 single-family residential equivalent units, with maximum total irrigated area of 7.6 acres. The develop- ment will utilize central water and sewer systems, and the treated effluent from the central sewer system will be discharged into the Cattle Creek drainage. The estimated total annual consumptive use by the proposed subdivision is 71.7 acre feet of water, which will be the total annual depletion to the Roaring Fork River. C. The following protective conditions will prevent injury to Union Oil Company of California's water rights: (1)The plan for augmentation herein shall cover depletions by Applicants's proposed development not exceeding 220 single-family residential equivalent units with total - irrigated lawn and other area not exceeding 7.6 acres. (2)The consumptive use by Applicant's proposed development at full development shall not exceed 72 acre feet annually, and the resulting depletions to the Roaring Fork River at full development shall not exceed 72 acre feet annually. Any consumptive use and depletions to the Roaring Fork River in excess of 72 acre feet annually shall not be covered by the plan for augmentation herein, and diversions by Applicant's water rights shall be curtailed by the water administration officials of the State as necessary to prevent such depletions or consumptive use in excess -8- w-3571, W-3572, W-3573, W-3574, w-3997 of 72 acre feet annually. (3)The estimated total annual water requirements of Applicants proposed development at full development, and the resulting estimated annual depletions are as follows: Depletions Depletions Total to Spring to Roaring Requirements Valley Fork River (AcFt) (AF) (AF) Domestic (220 units) 86.2 Irrigation (7.6 acres) 19.0 86.2 60.3 11.4 11.4 TOTAL 105.2 97.6 71.7 (4)The changes of water rights and plan for augmentation proposed herein shall not be effective until all lands previously irrigated by the water rights decreed to Van Cleve No. 1 Ditch, Van Cleve No. 2 Ditch, Van Cleve No_ 2 Ditch, First Enlargement, and the other water rights that are the subject of the consolidated applications in this case have been permanently removed from irrigation. ..fter the Decree herein approving said changes of water rights and plan for augmentation becomes effective, none of said water rights shall be used for irrigation, except for the maximum 7.6 acres to be irrigated within Applicant's development. (5)The wells and springs described in the consolidated applications herein and to be used to supply Applicant's development shall be equipped with totalizing flow meters and all water diverted through them shall be measured and recorded. All sewage effluent discharged from the central sewer system serving Applicant's development shall be measured by means of totalizing flow meter(s) and recorded. The records of such water and sewage effluent measurements shall be maintained by Applicant and copies furnished to Union upon request. (6) In accordance with C.R.S. 37-92-304(6), as amended, the Decree to be entered herein shall remain subject to re- opening for reconsideration of the question of injury to the vested water rights of others for a period of time to be specified by the Court. Applicant and Union hereby agree that such Decree may be reopened by Union for reconsideration of the question of injury to its water rights within two (2) years after the date on which water service is furnished to two hundred (200) single-family residential equivalent units within Applicant's develop- ment, and Applicant has given written notice to the Court and to the parties to this proceeding that such event has occurred. Provided, that if the final plat(s) approved by Garfield County for Applicant's development allow a maximum number of single-family residential equivalent units that is less than 220, then the two (2) -year period shall run from the date on which water service is furnished to ninety percent (90%) of such units and Applicant has given the Court and Union written notice of that. Provided further, that if the Court specifies a longer period of time for reopening or if Applicant stipulates with any other party to a longer period of time, then Union shall be entitled to reopen the Decree within.such.longer*peridd of time. w-3571, w-3572, W-3573, w-3574, N-3997 D. The protective conditions set forth in paragraph 8-C above will also prevent, injury to the water rights owned by Colorado Mountain Junior College District (CMC). In Addition, the Applicant and CMC agree that: (1)Foster may by virtue of this plan of augmentation consumptively use an amount equal to the average annual historic consumptive use of Foster's irrigation water rights, namely 72 acre feet per year, under the priorities granted to the irrigation water rights of Foster. To the extent that the priorities of the irrigation water rights are used under this augmentation plan, for all purposes Foster shall permanently cease using water for irrigation purposes except for the 7.6 acres to be irrigated within the development. The withdrawal and consumptive use of said 72 acre feet per annum shall be deemed -under the priority dates granted to Foster's irrigation water rights and shall be deemed prior to the priority dates of CMC's underground water rights. (2)Foster may divert and use water in excess of 72 acre feet per year under the priorities granted. to Foster's underground water rights as set forth lisammiamimmtalliat here.:in..above, which are junior to CMC's underground water rights. The withdrawal and application of any water to beneficial use by Foster in excess of the historic consumptive use of 72 acre feet shall be subject to call by CMC in accordance with the priority system of water rights. (3)Foster and CMC agree to constantly monitor the water level and diversions of their reotective wells and under- ground water rights, at each party's own expense, and to maintain written records thereof on at least a monthly basis. Such monitoring shall occur by the installation of totalizing flow meters or other appropriate measuring devices on the wells and spring within one year from the date of the execution hereof. The parties further shall cooperate toward the orderly development and administration of the Spring Valley aquifer by providing one another the right of:reasonable inspection of said records upon written request of either party hereto. (4)If as a proximate result of Foster's diversions in excess of 72 of per annum from the Spring Valley aquifer, CMC is unable to make diversions from its wells as permitted by its wells as permitted by its aforesaid decrees in the amounts sufficient for its needs,.as those needs may exist from time to time, CMC shall be deemed injured as a result of such inablility and Foster shall immediately, upon the occurence of every such inablility, undertake remedial measures that will alleviate the injury to CMC. 9. The Plan for Augmentation as set forth herein is one contemplated by law and if implemented and administrered in accordance with this Decree, will cause no injurious effect to vested water rights or decreed conditional water rights. The Referee does therefore conclude that the above entitled application for approval of Plan for Augmentation should he approved insofar as it is consistent with the -protective conditions as set forth in paragraph S above, and with the Plan for Augmentation as set forth above. W-3571, W-3572, W-3573, W-3574, W-3997 The applicant will refrain from diversions and consumptive use of the water previously awarded to the Van Cleve No. I Ditch, the Van Cleve No. 2 Ditch, and Van Cleve No. 2 Ditch, First Enlargement, and will use the Lake Springs Ranch Spring, The Lake Springs Ranch Well A, the Lake Springs Ranch Well B, and the Lake Springs Ranch Well C to supply the water requirements of the Lake Springs Ranch Development. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304 C.R.S. 1973. It is further ORDERED that a copy of this ruling be filed with tht appropriate Division Engineer: and the State Engineer. Done at the City of Glenwood Springs, Colorado, this Zs day of , 1981. BY THE REFEREE: Watt' Referee Wat Division No. 5 State of Colorado No protest was filed in this matter, and accordingly the foregoing ruling is confirmed and approved, and is made the Judgement and Decree of this court; provided however, that the approval of this Plan for Augmentation shall be subject to re- consideration by the Water Judge on the question of injury to th vested rights of others during any hearing commencing in the calendar years succeeding,the year in which -this decision is rendered. - DISTRICT COURT, WATER DIVISION 5, COLORADO Case No. 95CW079A FLNDINGS OF FACT AND DECREE OF COURT IN COMBINECQUFit' r„�P ELD COUNTY,CO CONCERNING THE APPLICATION FOR WATER RIGHTS OF MICHAEL E. BERKELEY Lli GA.RFIELD COUNTY Michael E. Berkeley filed an aeolication for correction of clerical error, to make a conditional water right absolute, and for an underground water right. In accordance with C.R.S. §37-92-203(7) Referee (West 1990), the Water Judge referred the subject Application to the Water Re e ( r for Water Division No. 5, State. of Colorado. The Court has made such investigations as are necessary to determine whether or not the statements in the Application are true and has become fully advised with respect to the subject matter of the Application. The Court hereby makes the following Findings and Decree in this matter: FINDINGS 1. The statements in the Application are true. 2. Michael E. Berkeley is the Applicant herein. 3. None ofthe subject water rights or their sources are located within a designated ground water basin. Timely and adequate notice of the filing of this Application was given as required by law. 5. No statements of opposition were filed, and the time for fling such statements of opposition has expired. 6. Claim for Change of Water Right. Applicant claims a change of location of water right, described more particularly as follows: A. Decreed name of structure for which change is sought: Lake Springs Ranch Well C B. From previous decree: Date of Original Decree: June 4, 1981 Case No: W-3997 (Consolidated with W-3571, W-3572, W-3573 and W-3574) Court: District Court, Water Division No. 5 Water Division No. 5 Case No. 95CW79A Findings of Fact and Decree of Court Michael E. Berkeiev Page 2 C. Decreed point of diversion: Located in the NW1/4 SW1/4 of Section 33, T. 6 S., R. 88 W. of the 6th P.M. at a point whence the SE Corner of said Sec. 33 bears S. 71°00' E. 4,700 feet. ID Source: Well having a depth of 200 feet and being tributary to Spring Valley, tributary to the Roaring Fork River. Appropriation Date: December 19, 1978 Amouht: 0:45 cfs, conditional E. Use: Irrigation, municipal, domestic, fire protection and livestock water purposes. F Proposed change: The Lake Springs Ranch Well C is actually located in the NE1/4 SWI/4 of Section 33, T. 6 S., R. 88 W. of the 6th P.M., 1,380 feet from the South line and 1,520 feet from the West line and has a depth of 92 feet. 7 Claim for Underground Water Right. Applicant claims an underground water right, described more particularly as follows: A.. Name of well and permit, registration, or denial niimber: Lake Springs Ranch. Well ID, application denied, File No,AD-13821. B. Legal description of well: Located in the SE1/4 SE1/4, Section 33, Township 6 South, Range 88 West, 6th P.M., 650 feet from the South line and 150 feet from the East line. C. Source: Aquifer, tributary to Spring Valley, tributary to Roaring Fork River. D. Depth: 280 feet E. Date of appropriation: June 23, 1995 F. How appropriation was initiated: Completion of well. G. Date water applied to beneficial use: N/A H. Amount Claimed: 150 gpm, conditional. 1. Proposed use: Water Division No. 5 Case No. 95CW79A Findings of :act and Decree of Court Michael E. Berkeley Paste 3 (I) If irrigation: a. Number of acres historically irrigated: N/A b. Total number of acres proposed to be irrigated: 80 c. Legal description ofland irrigated: Land located in the SEi, Section 33, Township 6 South, Range 88 West, 6th P.M. d. Area of lawns and gardens irrigated: N/A (2) If non -ix -ligation, describe purpose fully: Water will be used for domestic, livestock watering, municipal and fire protection. _. J Remarks: Lake Springs Ranch Well D will be used in conjunction with Basalt Water Conservancy Contract. RULING The Court has examined the information submitted by the Applicant and has become advised with respect to the subject matter of the Application. The Court rules as follows: 8. The foregoing Findings of Fact are fully incorporated herein.. 9. The claims for water rights proposed by the Applicant are such as are contemplated by law. 10. If administered in accordance with this decree, the change of water right described herein will not adversely affect the owners or users of vested water rights or decreed conditional water rights. 11. The change of water right described herein may be lawfully decreed by this Court. 12. The underground water right and change of water right described herein are approved and decreed. 13. In consideration of the specific findings and conclusions made herein and in conformance with Colo. Rev. Stat. §37-92-304(6) (1990), as amended, the approval of the change ofwater right decreed herein shall be subject to reconsideration by the Water judge on the question Water Division No. 5 Case No. 95CW79A Findings of Fact and Decree of Court Michael E. Berkeley Page 4 of injury to the vested water rights of others for a period of 5 calendar year(s). If no petition for reconsideration is filed within 5 calendar year(s), retention of jurisdiction for this purpose shall automatically expire. 14. Lake Springs Ranch Well D is hereby decreed conditional for 150 gpm. 15. The conditional water right referenced herein shall not be made absolute until use of the Basalt Water District water in coordination with the well has been decreed in a Basalt Water District or other augmentation plan. 16. An Application for a finding of reasonable diligence shall be filed in MARCH 005 and in MARCH of every -sixth calendar year thereafter, so long as the Applicant or its successor in interest desires to maintain the conditional uses of the conditional water rights described above or until a determination has been made that these conditional rights have become absolute by reason of completion of the appropriations. IT IS ACCORDINGLY ORDERED that a copy of this Decree shall be filed with the State Engineer and the Division Engineer for Water Division No. 5. Dated: / �.-�� 7/_777,7 BY THE COURT: \-WV er Jude g T OLSZEw A T T Sc.I MILLER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT 1095 WELL PERMIT NUMBER 055366 - DIV. 5 WD 38 DES. BASIN MD BERKELEY FAMILY LIMITED PARTNERSHIP 3961 COUNTY ROAD 114 OLENWOOD SPRINGS, CO 81601- `,970) 945-4120 PERMIT TO USE AN EXISTING WELL (u, L z.- r APPROVED WELL LOCATION GARFiELD COUNTY NE 1/4 SW 1/4 Section 33 Township 6 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 1380 Ft. from South 1520 Ft. from East Section Line Section Line UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RiGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of 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 snail be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Weil Construction and Pump Installation Contractors in accordance with Rule 18. 3) .Approved pursuant to CRS 37-90-137(2) and the decree granted for the in case no. 91CW005 for the Lake Springs Ranch Weil A -II as an alternate point of diversion to the Basalt Conduit. 41 Approved pursuant to CRS 37-90-137(2) and the decrees granted for the Lake Springs Ranch Well C in case nos. W-3997 (consolidated with W-3571, W-3572, W-3573, and W-3574), 95CW078, and 95CW079A, Division 5 Water Court. on the condition that this well is operated inaccordance with the augmentation plan approved in the consolidated cases W-3571, W-3572, W-3573, and W -3574W and W-3997. !f this Weil is not operated in accordance with the terms of said decrees, it will be subject to administration including orders to cease diverting water. 5) The use of ground water from this well is limited to a water supply for the Lake Springs Ranch development (220 single-family residential equivalent units and 7.5 acres of lawn and other irrigated area as specified in consolidated cases W-3571. W-3572. W-3573, and W -3574W ana .:V-3997), and the irngation of a 100 acre portion of a 450 acre tract, as specified in case no. 91CW005. 6) The maximum pumping rate of this well shall not exceed 200 GPM. 7) The average annual amount of ground water to be appropriated shall not exceed 300 acre-feet. (The annual amount of ground water that may be appropriated by the Lake Springs Rancn Well A -II shall not exceed 100 acre-feet and the combined average annual amount of ground water :o be withdrawn by this well and the Lake Springs Ranch Wells A and B allowed by consolidated cases W-3997, W-3571, W-3572. W-3573, and W-3574, and case nos. 95CW078, and 95CW079A, snarl not exceed 350 acre-feet.) 8) This well shall be constructed not more than 200 feet from the location decreed for the Lake Springs Ranch Well A-iI in case no. 91CW005 and the Lake Spring Rancn Weli C in case no. 95CW079A. 9) This well snail be constructed at least 600 feet from any existing well that is not owned by the applicant. 10) A :otaiizing flow meter must be installed on this weii and maintained in good working order. Permanent records or ail diversions must be :riaintainea by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) The owner snail mark the well in a conspicuous place with well permit number(s), name of the aduffer, and court case numbers) as appropriate. The owner shall take necessary means and precautions to preserve these markings. i 2) ""pis permit nas been approved for the uses specified in condition #5 above, as soecined in the referenced court cases. You are hereoy ^otified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the nate of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106. C.R.S.) F ' a/ %cel APPROVED KJW ,Recetot No. 0470803 State Engineer 0 n DATE ISSUED FEB 2 2001 By EXPIRATION DATE FL' MP Appendix B Well E March 25, 2010 Report P.O. Box 1908 1011 Grand Avenue Glenwood Springs, CO 81602 / Z4NG4NELL4 4Nf) 4S30CIaTE3, INC. ENGINEERING CONSULT414TS March 25, 2010 Tim Malloy TC Malloy Consulting, LLC 402 Park Drive Glenwood Springs, CO 81601 Re: Lake Springs Ranch PUD Dear Tim: (970) 945-5700 (970) 945-1253 Fax This letter and the attached report are submitted in support of the proposed amendment to the Lake Springs Ranch PUD. We understand that the amendment proposes to reduce the number of units from 198 units in the original application to 135 units; (117 single family units and 18 residential units). All units were assumed to be one EQR in both the original and the proposed amend PUD plan. Two existing commercial units were also included in the event the existing sod farm operation is serviced from the central system for a total of 137 EQRs. In both the original and the proposed plan, the water demands of the Lake Springs Ranch PUD will be satisfied by two wells, Well D and Well E. Our previous reports to the County dated June 28, 2001 and May 7, 2002, (attached as Appendix A) confirmed that the two wells are legally entitled to produce water sufficient to meet the needs of 198 EQRs under the Basalt Water Conservancy District contract approved in Case No. 95CW078. All of the Lake Springs Ranch wells A-E are covered by one Basalt District Contract up to 450 gpm and consumptive use of 66 acre feet. The previous reports stated that, although Well D is capable of producing water of sufficient quantity and quality to meet the needs of 198 EQRs on its own, a second well (Well E) would be constructed as a backup well. Well E has now been constructed, tested at 220 gpm and is being used for supplemental irrigation purposes. The attached report confirms that Well E produces water in sufficient quantities and quality to meet the needs of the amended PUD (see attached Well E test report Appendix B). Wells D and E are located adjacent to the tank and are both completed into the same aquifer. Either well is capable of providing an adequate water supply for the proposed PUD in both quantity and quality. Table 2a attached provides a summary of the water demands and consumptive use associated with the revised PUD. The average monthly peak demand in June is 73 gpm. Well E was pumped at a rate of 220 gpm. Table 1 also shows that the proposed amended PUD would use 17.39 of the 27 acre feet of the Basalt Contract dedicated to the Lake Springs Ranch. Finally, we have attached a current letter from the Basalt District stating that wells A-E are in good standing and covered by the Basalt Decree or the Basalt TSSP. If you have any questions, please contact our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. ZciArt.c. Thomas A. Zancanella, P.E. Attachments cc: Jeff Houpt, Esq. z:\97000's\97407 lake springs sub., dr. berkeley\2010\lake springs pud report-malloy.docx