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Home My WebLink About02.3 Water Supply Plan• CIVIL ENGINEERING June 20, 2013 An Employee -Owned Company Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Attn. Glenn Hartmann Re: Pioneer Point Well Water Quality Testing Dear Mr. Hartmann: LAND SURVEYING Mr. Roger Eshelman had additional water quality testing performed in the Spring of 2013. The results of these tests are attached in this section (Water Supply Plan) of the application submittal. The samples were taken by Pinnacle Water and tested according to ACZ's Quality Assurance Plan and also sent to Mesa County Regional Health Department Regional Laboratory. The Mesa County lab found E. coli levels to be absent or at a level deemed microbiologically safe. Pinnacle Water followed the ACZ checklist to verify that the test results follow the NELAC requirements. The testing did include the Alpha -Beta radioactivity test as required by the CDPHE Lab web site. • If you need any further information, please give us a call. Sincerely, • HIGH COUNTRY ENGINEERING, INC. Daniel R. Dennison Engineer of Record DRD 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 970.945.8676 phone 970.945.2555 fax www.hceng.com Mission Statement "To provide quality service, striving for perfection, while maintaining the highest level of integrity." � ACZ • • Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Report to: Robert Donnelly Pinnacle Water Inc. 1107 Hendrick Dr Carbondale, CO 81623 Project ID: ACZ Project ID: L11434 Bill to: Robert Donnelly Pinnacle Water Inc. 1107 Hendrick Dr Carbondale, CO 81623 Analytical Report April 22, 2013 Robert Donnelly: Enclosed are the analytical results for sample(s) submitted to ACZ Laboratories, Inc. (ACZ) on April 04, 2013. This project has been assigned to ACZ's project number, L11434. Please reference this number in all future inquiries. All analyses were performed according to ACZ's Quality Assurance Plan. The enclosed results relate only to the samples received under L11434. Each section of this report has been reviewed and approved by the appropriate Laboratory Supervisor, or a qualified substitute. Except as noted, the test results for the methods and parameters listed on ACZ's current NELAC certificate letter (#ACZ) meet all requirements of NELAC. This report shall be used or copied only in its entirety. ACZ is not responsible for the consequences arising from the use of a partial report. All samples and sub -samples associated with this project will be disposed of after May 22, 2013. If the samples are determined to be hazardous, additional charges apply for disposal (typically $11/sample). If you would like the samples to be held longer than ACZ's stated policy or to be returned, please contact your Project Manager or Customer Service Representative for further details and associated costs. ACZ retains analytical raw data reports for ten years. If you have any questions or other needs, please contact your Project Manager. Sue Webber has reviewed and approved this report. ACI L REPAD.01.06.05.02 Page 1 of 16 • ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 • • Pinnacle Water Inc. Project ID: Sample ID: ESHELMAN Inorganic Analytical Results ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L11434-01 04/02/13 10:35 04/04/13 Ground Water Field Data Result Qual XQ Units MDL PQL Date Analyst Parameter EPA Method pH (Field) Temperature (Field) Inorganic Prep Parameter Total Recoverable Digestion Total Recoverable Digestion Metals Analysis Parameter Arsenic, total recoverable Cadmium, total recoverable Calcium, dissolved Copper, total recoverable Iron, total recoverable Lead, total recoverable Magnesium, dissolved Manganese, total recoverable Sodium, dissolved Uranium, total recoverable Zinc, total recoverable Field Measurement Field Measurement EPA Method M200.2 ICP M200.2 ICP -MS EPA Method M200.8 ICP -MS M200.8 ICP -MS M200.7 ICP M200.7 ICP M200.7 ICP M200.8 ICP -MS M200.7 ICP M200.7 ICP M200.7 ICP M200.8 ICP -MS M200.7 ICP 7.7 14.4 units C Result Qual XQ Units MDL PQL Result Qual XQ Units MDL PQL 0.0016 34.9 0.01 0.0006 27.3 19.2 0.0076 mg/L 0.0002 0.001 04/02/13 10:35 rd 04/02/13 10:35 rd Date Analyst 04/12/13 10:17 aeb 04/08/13 16:24 las Date Analyst 04/10/13 5:05 pmc U mg/L 0.0001 0.0005 04/10/13 5:05 pmc B U U 0.02 B mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L 0.2 1 04/15/13 14:46 aeb 0.01 0.05 04/15/13 18:02 aeb 0.02 0.0001 0.2 0.005 0.05 0.0005 1 0.03 04/15/13 18:02 04/10/13 5:05 04/15/13 14:46 04/15/13 18:02 aeb pmc aeb aeb 0.3 2 04/15/13 23:31 jjc 0.0001 0.0005 04/10/13 5:05 pmc mg/L 0.01 0.05 04/15/13 18:02 aeb REPIN.02.06.05.01 * Please refer to Qualifier Reports for details. Page 2 of 16 • ADZ Laboratories, Inc. • • 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Project ID: Sample ID: ESHELMAN ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L11434-01 04/02/13 10:35 04/04/13 Ground Water Wet Chemistry Parameter Alkalinity as CaCO3 Bicarbonate as CaCO3 Carbonate as CaCO3 Hydroxide as CaCO3 Total Alkalinity Chloride Conductivity @25C Corrosivity (calc.) Fluoride Hardness as CaCO3 Lab Filtration (0.45um) & Acidification Lab Filtration (glass fiber filter) Nitrate/Nitrite as N pH (lab) pH pH measured at Residue, Filterable (TDS) @180C Sodium Adsorption Ratio in Water Sulfate EPA Method SM2320B - Titration SM4500CI-E SM2510B SM 2330 - CaCO3 SI SM4500F-C SM2340B - Calculation M200.7/200.8 SOPWC050 M353.2 - H2SO4 preserved SM4500H+ B SM2540C USGS - 11738-78 D516-02 - Turbidimetric Result Qua! XQ Units MDL PQL Date Analyst 191 mg/L 2 20 04/10/13 0:00 7 B mg/L U mg/L 199 mg/L 7 mg/L 448 umhos/cm -0.1 SI Unit 0.7 mg/L 199 mg/L 2 20 04/10/13 0:00 2 20 04/10/13 0:00 2 20 04/10/13 0:00 1 5 04/18/13 9:43 1 10 04/10/13 20:37 04/22/13 12:23 0.1 0.5 04/17/13 12:50 1 7 04/22/13 12:23 04/12/13 16:30 0.86 mg/L 0.02 0.1 8.4 20.0 270 0.6 29 H units 0.1 0.1 C 0.1 0.1 mg/L 10 20 Ijr Ijr Ijr Ijr bsu Ijr calc Ijr calc las 04/05/13 14:37 las 04/18/13 23:22 pjb 04/10/13 0:00 04/10/13 0:00 04/05/13 16:53 Ijr Ijr Ijr 0.03 0.15 04/22/13 12:23 calc mg/L 1 5 04/17/13 12:41 Ihb REPIN.02.06.05.01 * Please refer to Qualifier Reports for details. Page 3 of 16 • ACZ Laboratories, Inc. • 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Inorganic Reference Report Header Explanations Batch Found Limit Lower MDL PCN/SCN PQL QC Rec RPD Upper Sample A distinct set of samples analyzed at a specific time Value of the QC Type of interest Upper limit for RPD, in %. Lower Recovery Limit, in % (except for LCSS, mg/Kg) Method Detection Limit. Same as Minimum Reporting Limit. Allows for instrument and annual fluctuations. A number assigned to reagents/standards to trace to the manufacturer's certificate of analysis Practical Quantitation Limit, typically 5 times the MDL. True Value of the Control Sample or the amount added to the Spike Recovered amount of the true value or spike added, in % (except for LCSS, mg/Kg) Relative Percent Difference, calculation used for Duplicate QC Types Upper Recovery Limit, in % (except for LCSS, mg/Kg) Value of the Sample of interest QC Sample Types AS ASD CCB CCV DUP ICB ICV 1CSAB LCSS LCSSD LCSW Analytical Spike (Post Digestion) Analytical Spike (Post Digestion) Duplicate Continuing Calibration Blank Continuing Calibration Verification standard Sample Duplicate Initial Calibration Blank Initial Calibration Verification standard Inter -element Correction Standard - A plus B solutions Laboratory Control Sample - Soil Laboratory Control Sample - Soil Duplicate Laboratory Control Sample - Water LCSWD LFB LFM LFMD LRB MS MSD PBS PBW PQV SOL Laboratory Control Sample - Water Duplicate Laboratory Fortified Blank Laboratory Fortified Matrix Laboratory Fortified Matrix Duplicate Laboratory Reagent Blank Matrix Spike Matrix Spike Duplicate Prep Blank - Soil Prep Blank - Water Practical Quantitation Verification standard Serial Dilution QC Sample Type Explanations Blanks Control Samples Duplicates Spikes/Fortified Matrix Standard Verifies that there is no or minimal contamination in the prep method or calibration procedure. Verifies the accuracy of the method, including the prep procedure. Verifies the precision of the instrument and/or method. Determines sample matrix interferences, if any. Verifies the validity of the calibration. ACZ Qualifiers (Quaff) B Analyte concentration detected at a value between MDL and PQL. The associated value is an estimated quantity. H Analysis exceeded method hold time. pH is a field test with an immediate hold time. L Target analyte response was below the laboratory defined negative threshold. U The material was analyzed for, but was not detected above the level of the associated value. The associated value is either the sample quantitation limit or the sample detection limit. Method References (1) (2) (3) (4) (5) Comments (1) (2) (3) (4) (5) EPA 600/4-83-020. Methods for Chemical Analysis of Water and Wastes, March 1983. EPA 600/R-93-100. Methods for the Determination of Inorganic Substances in Environmental Samples, August 1993. EPA 600/R-94-111. Methods for the Determination of Metals in Environmental Samples - Supplement I, May 1994. EPA SW -846. Test Methods for Evaluating Solid Waste. Standard Methods for the Examination of Water and Wastewater. QC results calculated from raw data. Results may vary slightly if the rounded values are used in the calculations. Soil, Sludge, and Plant matrices for Inorganic analyses are reported on a dry weight basis. Animal matrices for Inorganic analyses are reported on an "as received" basis. An asterisk in the "XQ" column indicates there is an extended qualifier and/or certification qualifier associated with the result. If the MDL equals the PQL or the MDL column is omitted, the PQL is the reporting limit. For a complete list of ACZ's Extended Qualifiers, please click: http://www.acz.com/public/extquallistpdf REP001.09.12.01 Page 4 of 16 • • • ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Inorganic QC Summary ACZ Project ID: L11434 Alkalinity as CaCO3 SM2320B - Titration WG341864 WG341864PBW1 PBW 04/10/13 17:53 WG341864LCSW2 LCSW 04/10/13 18:07 WC130328-1 820 L11446-04DUP DUP 04/10/1321:15 WG341864LCSW5 LCSW 04/10/1321:28 WC130328-1 820 WG341864PBW2 PBW 04/10/1321:36 WG341864LCSW8 LCSW 04/11/130:26 WC130328-1 820 WG341864PBW3 PBW 04/11/130:35 WG341864LCSW11 LCSW 04/11/133:56 WC130328-1 820 WG341864PBW4 PBW 04/11/134:05 WG341864LCSW14 LCSW 04/11/137:25 WC130328-1 820 U mg/L -20 20 750.7 mg/L 91.5 90 110 194 206.9 mg/L 767.2 mg/L 93.6 90 110 U mg/L -20 20 770.4 mg/L 94 90 110 2.1 mg/L -20 20 785.3 mg/L 95.8 90 110 U mg/L -20 20 797.5 mg/L 97.3 90 110 6.4 20 Arsenic, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Dual WG341808 WG3418081CV ICV 04/10/133:40 MS130402-2 .05 .05127 mg/L 102.5 90 110 WG3418081CB ICB 04/10/13 3:43 U mg/L -0.0006 0.0006 WG341684LRB LRB 04/10/13 3:46 U mg/L -0.00044 0.00044 WG341684LFB LFB 04/10/133:49 MS130329-1 .05005 .05025 mg/L 100.4 85 115 L11430-03LFM LFM 04/10/13 4:50 MS130329-1 .05005 U .05219 mg/L 104.3 70 130 L11430-03LFMD LFMD 04/10/13 4:59 MS130329-1 .05005 U .05223 mg/L 104.4 70 130 0.08 20 Cadmium, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Dual WG341808 WG3418081CV ICV 04/10/133:40 MS130402-2 .05 .04979 mg/L 99.6 90 110 WG3418081CB CB 04/10/133:43 U mg/L -0.0003 0.0003 WG341684LRB LRB 04/10/13 3:46 U mg/L -0.00022 0.00022 WG341684LFB LFB 04/10/13 3:49 MS130329-1 .0501 .04821 mg/L 96.2 85 115 L11430-03LFM LFM 04/10/134:50 MS130329-1 .0501 .0003 .0449 mg/L 89 70 130 L11430-03LFMD LFMD 04/10/13 4:59 MS130329-1 .0501 .0003 .04523 mg/L 89.7 70 130 0.73 20 Calcium, dissolved M200.7 ICP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG342036 WG3420361CV ICV 04/15/13 14:23 11130114-3 100 98.55 mg/L 98.6 95 105 WG3420361CB ICB 04/15/13 14:27 U mg/L -0.6 0.6 WG342036LFB LFB 04/15/13 14:39 11130326-2 67.95918 70.84 mg/L 104.2 85 115 L11434-01AS AS 04/15/13 14:49 11130326-2 67.95918 34.9 105.34 mg/L 103.7 85 115 L11434-01ASD ASD 04/15/13 14:52 11130326-2 67.95918 34.9 107.67 mg/L 107.1 85 115 2.19 20 REPIN.01.06.05.01 Page 5 of 16 0 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 ACZ Laboratories, Inc. • Pinnacle Water Inc. ACZ Project ID: L11434 Chloride SM4500CI-E ACZ ID alyzedPCN/SCN Found Units Lower Upper RPD Limit Qual WG342245 WG3422451CB ICB 04/18/13 9:15 U mg/L -3 3 WG3422451CV ICV 04/18/139:15 W1130131-1 54.945 58.8 mg/L 107 90 110 WG342245LFB1 LFB 04/18/139:43 W1130201-8 30 31.9 mg/L 106.3 90 110 L11434-01AS AS 04/18/139:43 W1130201-8 30 7 39 mg/L 106.7 90 110 L11452-01 DUP DUP 04/18/13 9:43 450 450 mg/L WG342245LFB2 LFB 04/18/13 10:01 W1130201-8 30 31.8 mg/L 106 90 110 0 20 Conductivity @25C SM2510B ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG341864 WG341864LCSW1 LCSW 04/10/13 17:56 PCN41036 1408.8 L11446-04DUP DUP 04/10/13 21:15 WG341864LCSW4 LCSW 04/10/13 21:17 PCN41036 1408.8 WG341864LCSW7 LCSW 04/11/130:15 PCN41036 1408.8 WG341864LCSW10 LCSW 04/11/133:44 PCN41036 1408.8 WG341864LCSW13 LCSW 04/11/137:13 PCN41036 1408.8 1421.1 imhos/cm 100.9 90 110 1620 1614 imhos/crr 1413 imhos/cm 100.3 90 110 1402.8 jmhos/cm 99.6 90 110 1394.7 imhos/cm 99 90 110 1386.6 imhos/cm 98.4 90 110 0.4 20 Copper, total recoverable M200.7 ICP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG342018 WG3420181CV ICV 04/15/13 17:34 11130114-3 2 1.966 mg/L 98.3 95 105 WG3420181CB ICB 04/15/13 17:40 U mg/L -0.03 0.03 WG341947LRB LRB 04/15/13 17:56 U mg/L -0.022 0.022 WG341947LFB LFB 04/15/1317:59 11130326-2 .5 .492 mg/L 98.4 85 115 L11458-01LFM LFM 04/15/13 18:11 11130326-2 .5 U .492 mg/L 98.4 70 130 L11458-01 LFMD LFMD 04/15/13 18:14 11130326-2 .5 U .49 mg/L 98 70 130 0.41 20 Fluoride SM4500F-C ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qua! WG342163 WG3421631CV ICV 04/17/13 12:33 WC130417-1 2.002 1.96 mg/L 97.9 95 105 WG3421631CB ICB 04/17/13 12:40 U mg/L -0.3 0.3 WG342163LFB1 LFB 04/17/13 12:47 WC130313-8 5.005 4.85 mg/L 96.9 90 110 L11434-01AS AS 04/17/13 12:53 WC130313-8 5.005 .7 5.65 mg/L 98.9 90 110 L11434-01DUP DUP 04/17/13 12:56 .7 .62 mg/L 12.1 20 RA Iron, total recoverable M200.7 ICP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG342018 WG3420181CV ICV 04/15/13 17:34 11130114-3 2 1.991 mg/L 99.6 95 105 WG3420181CB ICB 04/15/13 17:40 U mg/L -0.06 0.06 WG341947LRB LRB 04/15/1317:56 U mg/L -0.044 0.044 WG341947LFB LFB 04/15/13 17:59 11130326-2 1 .995 mg/L 99.5 85 115 IP L11458 01 LFM LFM 04/15/13 18:11 11130326-2 1 U .995 mg/L 99.5 70 130 L11458-01 LFMD LFMD 04/15/13 18:14 11130326-2 1 U .996 mg/L 99.6 70 130 0.1 20 REPIN.01.06.05.01 Page 6 of 16 • 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 ACZ Laboratories, Inc. • • Pinnacle Water Inc. ACZ Project ID: L11434 Lead, total recoverable M200.8 ICP -MS WG341808 WG3418081CV ICV 04/10/13 3:40 MS130402-2 .05 .05343 mg/L 106.9 90 110 WG3418081CB ICB 04/10/133:43 U mg/L -0.0003 0.0003 WG341684LRB LRB 04/10/13 3:46 U mg/L -0.00022 0.00022 WG341684LFB LFB 04/10/13 3:49 MS130329-1 .05005 .05075 mg/L 101.4 85 115 L11430-03LFM LFM 04/10/13 4:50 MS130329-1 .05005 .0014 .05075 mg/L 98.6 70 130 L11430-03LFMD LFMD 04/10/13 4:59 MS130329-1 .05005 .0014 .05042 mg/L 97.9 70 130 0.65 20 Magnesium, dissolved M200.7 ICP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit 'Dual WG342036 WG3420361CV ICV 04/15/13 14:23 11130114-3 100 101.14 mg/L 101.1 95 105 WG3420361CB ICB 04/15/13 14:27 U mg/L -0.6 0.6 WG342036LFB LFB 04/15/13 14:39 11130326-2 49.99941 51.53 mg/L 103.1 85 115 L11434-01AS AS 04/15/13 14:49 11130326-2 49.99941 27.3 80.18 mg/L 105.8 85 115 L11434-01ASD ASD 04/15/13 14:52 11130326-2 49.99941 27.3 82.13 mg/L 109.7 85 115 2.4 20 Manganese, total recoverable M200.7 ICP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG342018 WG3420181CV ICV 04/15/13 17:34 11130114-3 2 1.925 mg/L 96.3 95 105 WG3420181CB ICB 04/15/1317:40 U mg/L -0.015 0.015 WG341947LRB LRB 04/15/1317:56 U mg/L -0.011 0.011 WG341947LFB LFB 04/15/1317:59 11130326-2 .5 .4864 mg/L 97.3 85 115 L11458-01LFM LFM 04/15/13 18:11 11130326-2 .5 U .4834 mg/L 96.7 70 130 L11458-01LFMD LFMD 04/15/13 18:14 11130326-2 .5 U .4827 mg/L 96.5 70 130 0.14 20 Nitrate/Nitrite as N M353.2 - H2SO4 preserved ACZ ID Type Analyzed PCN/SCN QC . Sample Found Units Rec Lower Upper RPD Limit Qual WG342294 WG3422941CV ICV 04/18/13 18:26 W1130411-3 2.416 WG3422941CB ICB 04/18/13 18:27 2.302 mg/L 95.3 90 110 U mg/L -0.06 0.06 WG342299 WG342299LFB LFB 04/18/1323:21 W1130215-3 2 1.938 mg/L 96.9 90 110 L11434-01AS AS 04/18/1323:23 W1130215-3 2 .86 2.878 mg/L 100.9 90 110 L11545-01 DUP DUP 04/18/13 23:26 .26 .261 mg/L 0.4 20 pH (lab) SM4500H+ B ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qua! WG341864 WG341864LCSW3 LCSW 04/10/13 18:11 PCN40853 6 L11446-04DUP DUP 04/10/1321:15 WG341864LCSW6 LCSW 04/10/13 21:31 PCN40853 6 WG341864LCSW9 LCSW 04/11/130:29 PCN40853 6 WG341864LCSW 12 LCSW 04/11/13 4:00 PCN40853 6 WG341864LCSW15 LCSW 04/11/137:28 PCN40853 6 6.01 units 100.2 98 102 8.2 8.19 units 6.02 units 100.3 98 102 6.01 units 100.2 98 102 6.01 units 100.2 98 102 6.02 units 100.3 98 102 0.1 20 REPIN.01.06.05.01 Page 7 of 16 0 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 ACZ Laboratories, Inc. • • Pinnacle Water Inc. Inorganic QC Summary ACZ Project ID: L11434 Residue, Filterable (TDS) @180C SM2540C ACZ ID Type Analyzed PCN/SCN "mp e PD Limit Oua1 WG341646 WG341646PBW PBW 04/05/13 16:40 U mg/L WG341646LCSW LCSW 04/05/13 16:40 PCN40254 260 242 mg/L 93.1 80 120 L11462-03DUP DUP 04/05/13 16:59 3150 3190 mg/L -20 20 1.3 20 Sodium, dissolved M200.7 ICP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG342065 WG3420651CV ICV 04/15/1323:06 11130114-3 100 100.08 mg/L 100.1 95 105 WG3420651CB ICB 04/15/1323:12 U mg/L -0.9 0.9 WG342065LFB LFB 04/15/1323:25 11130326-2 100.0416 100.9 mg/L 100.9 85 115 L11434-01AS AS 04/15/1323:34 11130326-2 100.0416 19.2 122.1 mg/L 102.9 85 115 L11434-01ASD ASD 04/15/1323:37 11130326-2 100.0416 19.2 126 mg/L 106.8 85 115 3.14 20 Sulfate 0516-02 - Turbidimetric ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG342188 WG3421881CB ICB 04/17/139:27 U mg/L -3 3 WG3421881CV ICV 04/17/139:27 W1130416-2 20 21.1 mg/L 105.5 90 110 WG342188LFB LFB 04/17/13 12:41 W1130416-3 9.99 10.3 mg/L 103.1 90 110 L11434-01DUP DUP 04/17/13 12:42 29 28.2 mg/L L11518-01AS AS 04/17/13 13:41 SO4TURB20 10 330 349 mg/L 190 90 110 2.8 20 M3 Uranium, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qual WG341808 WG3418081CV ICV 04/10/133:40 MS130402-2 .05 .05185 mg/L 103.7 90 110 WG341808106 ICB 04/10/133:43 U mg/L -0.0003 0.0003 WG341684LRB LRB 04/10/13 3:46 U mg/L -0.00022 0.00022 WG341684LFB LFB 04/10/133:49 MS130329-1 .05 .04954 mg/L 99.1 85 115 L11430-03LFM LFM 04/10/13 4:50 MS130329-1 .05 .0051 .05414 mg/L 98.1 70 130 L11430-03LFMD LFMD 04/10/13 4:59 MS130329-1 .05 .0051 .05399 mg/L 97.8 70 130 0.28 20 Zinc, total recoverable M200.7 ICP ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qua! WG342018 WG3420181CV ICV 04/15/13 17:34 11130114-3 2 1.961 mg/L 98.1 95 105 WG3420181CB ICB 04/15/1317:40 U mg/L -0.03 0.03 WG341947LRB LRB 04/15/13 17:56 U mg/L -0.022 0.022 WG341947LFB LFB 04/15/13 17:59 11130326-2 .5 .487 mg/L 97.4 85 115 L11458-01LFM LFM 04/15/1318:11 11130326-2 .5 U .479 mg/L 95.8 70 130 L11458-01 LFMD LFMD 04/15/13 18:14 11130326-2 .5 U .481 mg/L 96.2 70 130 0.42 20 RE P I N.01.06.05.01 Page 8 of 16 0 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 ADZ Laboratories, Inc. • • Pinnacle Water Inc. Inorganic Extended Qualifier Report ACZ Project ID: L11434 ACZ ID WORKNUM PARAMETER METHOD QUAL DESCRIPTION L11434-01 WG342163 Fluoride WG342188 Sulfate SM4500F-C D516-02 - Turbidimetric RA Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (< 10x MDL). M3 The spike recovery value is unusable since the analyte concentration in the sample is disproportionate to the spike level. The recovery of the associated control sample (LCS or LFB) was acceptable. REPAD.15.06.05.01 Page 9 of 16 • 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 ADZ Laboratories, Inc. Pinnacle Water Inc. Project ID: Sample ID: ESHELMAN Locator: RadioChemistry Analytical Results ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L11434-01 04/02/13 10:35 04/04/13 Ground Water Gross Alpha & Beta, total M900.0 Gross Alpha Gross Beta 04/12/13 10:34 04/12/13 10:34 9.6 3.3 1.8 10 3.6 4.3 pCi/L pCi/L Prep Method: mla mla REPRC.02.06.05.01 * Please refer to Qualifier Reports for details. Page 10 of 16 • • ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Steve — Batch A distinct set of samples analyzed at a specific time Error(+/-) Calculated sample specific uncertainty Found Value of the QC Type of interest Limit Upper limit for RPD, in %. LCL Lower Control Limit, in % (except for LCSS, mg/Kg) LLD Calculated sample specific Lower Limit of Detection PCN/SCN A number assigned to reagents/standards to trace to the manufacturer's certificate of analysis PQL Practical Quantitation Limit QC True Value of the Control Sample or the amount added to the Spike Rec Amount of the true value or spike added recovered, in % (except for LCSS, mg/Kg) RER Relative Error Ratio, calculation used for Dup. QC taking into account the error factor. RPD Relative Percent Difference, calculation used for Duplicate QC Types UCL Upper Control Limit, in % (except for LCSS, mg/Kg) Sample Value of the Sample of interest QC Sam . ': Types DUP Sample Duplicate LCSS Laboratory Control Sample - Soil LCSW Laboratory Control Sample - Water MS/MSD Matrix Spike/Matrix Spike Duplicate PBS PBW Prep Blank - Soil Prep Blank - Water QC Sample Type Explanations Blanks Control Samples Duplicates Matrix Spikes Verifies that there is no or minimal contamination in the prep method procedure. Verifies the accuracy of the method, including the prep procedure. Verifies the precision of the instrument and/or method. Determines sample matrix interferences, if any. ACZ Qualifiers (Qua!) H Analysis exceeded method hold time. M SM D RP ESM EPA methodology, including those under SDWA, CWA, and RCRA Standard Methods for the Examination of Water and Wastewater. ASTM DOE DOE/ESM Comments (1) (2) (3) (4) Solid matrices are reported on a dry weight basis. Preparation method: "Method" indicates preparation defined in analytical method. QC results calculated from raw data. Results may vary slightly if the rounded values are used in the calculations. An asterisk in the "XQ" column indicates there is an extended qualifier and/or certification qualifier associated with the result. For a complete list of ACZ's Extended Qualifiers, please click: http://WWW.aCZ.COm/public/eXtQUalliSt.pdf REP003.09.12.01 Page 11 of 16 • ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 • Pinnacle Water Inc. s Radiochemistry QC Summary ACZ Project ID: L11434 Alpha M900.0 Units: pCi/L ACZ ID Type Analyzed PCN/SCN QC Sample Error LLD Found Error LLD Rec Lower Upper RPD/RER Limit Qual WG342032 WG341742PBW PBW 04/12/13 .55 0.91 0.87 1.74 WG341742LCSW LCSW 04/12/13 RC121002-2 81.06 84 7.6 1.3 103.6 83 133 L11331-01DUP DUP-RER 04/12/13 -0.27 1.4 1.7 .53 1.6 1.7 L11443-05DUP DUP-RER 04/12/13 2.7 1.7 1.2 3.4 1.9 1.3 0.27 2 L11334-01MS MS 04/12/13 RC121002-2 81.06 8.5 3.4 2 48 7.2 2 48.7 83 133 0.38 2 M2 Beta M900.0 Units: pCi/L ACZ Kit Type Analyzed PCN/SCN QC Sample Error LLD Found Error LLD Rec Lower Upper RPD/RER Limit Qual WG342032 WG341742PBW PBW 04/12/13 WG341742LCSW LCSW 04/12/13 PCN40553 L11331-01DUP DUP-RER 04/12/13 L11443-05DUP DUP-RER 04/12/13 L11444-01 MS MS 04/12/13 PCN40553 .16 100 100 1.7 3 4.3 7.9 2.9 2.2 2.9 5.6 66.67 1.7 2.1 2.9 70 1.9 2.8 6.8 4.1 100 70 129 3.4 4.3 2.3 2.9 4.7 2.9 102.5 70 129 5.6 1.37 2 0.85 2 REPRC.01.06.05.01 Page 12 of 16 • 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 ACZ Laboratories, Inc. • Pinnacle Water Inc. RadChem Extended Qualifier Report ACZ Project ID: L11434 ACZ ID WORKNUM PARAMETER METHOD QUAL DESCRIPTION L11434-01 WG342032 Gross Alpha M900.0 M2 Matrix spike recovery was low, the recovery of the associated control sample (LCS or LFB) was acceptable. REPAD.15.06.05.01 Page 13 of 16 • 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 ACZ Laboratories, Inc. • Certification Qualifiers Pinnacle Water Inc. ACZ Project ID: L11434 No certification qualifiers associated with this analysis REPAD.05.06.05.01 Page 14 of 16 • 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 ACZ Laboratories, Inc. • • Pinnacle Water Inc. Recei • t Verification Sample Receipt ACZ Project ID: L11434 Date Received: 04/04/2013 10:31 Received By: Date Printed: 1) Is a foreign soil permit included for applicable samples? 2) Is the Chain of Custody or other directive shipping papers present? 3) Does this project require special handling procedures such as CLP protocol? 4) Are any samples NRC licensable material? 5) If samples are received past hold time, proceed with requested short hold time analyses? 6) Is the Chain of Custody complete and accurate? The date/time was entered on the COC per the information present on the sample containers for sample(s) one. 7) Were any changes made to the Chain of Custody prior to ACZ receiving the samples? YES NO 4/4/2013 NA X X X X X Samples/Containers 8) Are all containers intact and with no leaks? 9) Are all labels on containers and are they intact and legible? 10) Do the sample labels and Chain of Custody match for Sample ID, Date, and Time? 11) For preserved bottle types, was the pH checked and within limits? 12) Is there sufficient sample volume to perform all requested work? 13) Is the custody seal intact on all containers? 14) Are samples that require zero headspace acceptable? 15) Are all sample containers appropriate for analytical requirements? 16) Is there an Hg -1631 trip blank present? 17) Is there a VOA trip blank present? 18) Were all samples received within hold time? YES X NO NA X X X X X X X X Chain of Custody Related Remarks Client Contact Remarks Shipping Containers Cooler Id Temp (°C) 3880 2.3 Rad (pR/Hr) 11 Custody Seal Intact? Yes Client must contact an ACZ Project Manager if analysis should not proceed for samples received outside of their thermal preservation acceptance criteria. REPAD LPII 2012-03 Page 15 of 16 'o O j O Mc Wica ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Name: QO b 01\10 E 1 t• -]Address: ►.1� L- oM 1/9 3l-- (1 ii,,1i i I ! I 1 O -1 1-k- j Lt{ i:' R, Company:i't►�t�ACt � Wt ATR. (r.V. 4NL)A-1 ,C_C? e)ika 3 E-mail: RDoi.)NMI`( L A,NNAc wME , t Telephone: ` lo -Atc3 - a1 I ; Name: E-mail: Company: Telephone: Name: RoBE4 c- 'i-_.Dt...!tsE, i',/ Address: tkc) 'i 1AE,i-ki>1'L0k, O Company: P)+.*l04ALka \-ytkrER i,4C. C:AP.{3o);b.INI4=, ,(.f -a 1tc.,43 E-mail: RDONN Ak4 CC PtNNIA cA vaNwE .::.Ce(✓l HT remains short quail ed Telephone: ' -1G '1b', -aa'-i 3 If sample(s) received past holding time (HT), or if insufficient analysis before expiration, shall ACZ proceed with requested 1 NJ' leen ACZ will contact client for further instruction. If neither "AS" 001 'NO is iniflcated. ACZ will pr1Ceerl with the requested anatyses. even if HT 5 expired. anddata will be to complete YES HT analyses' NO Are samples for SDWA Compliance Monitoring? Yes L� No LJ If yes, please include state forms. Results will be reported to PQL for Colorado Sampler's Name.RoBlear bot NfJ Sampler's site Information State�O s_ a) c m o U o Zip code ; , Time Zone MDT Il Quote #: 5 L pr.1.ji Project/PO #: 1.1E_ c4,`t4` li c3O)S 1 Reporting state for compliance testing: Gd Check box if samples include NRC licensed t-$ike-1 w1 t t—‘ material? b �) t0 Matrix SW (Surface Water) • GW (Ground Water) ke_\T - vV P : 5- 3' Ft \ c> p kir.77 Please refer to ACZ's QoaEbot e.\\y • WW (Waste Water) DW terms & conditions located I -I , « li'j),a,, (Drinking Wate) SL (Sludge) SO (Soil) i OL (OI) on the reverse side of this COC. { c-/ / r Othe (Specify) 7) 3 / FRMAD050.02.11.11 White - Return with sample. Yellow - Retain for your records Page 16 of 16 • • MESA COUNTY HEALTH DEPARTMENT Working Together fora Healthy Community Customer Pinnacle Water (Culligan) 1107 Hendridz Dr Carbondale, CO 81623 Mesa County Health Department Regional Laboratory 510 29.5 Rd, Grand Junction, CO 81504 U5 Mail: PO Box 20,000, Grand Junction, CO 81502-5033 (970) 248-6999 fax (970) 683-6608 http://health.mesacounty.us/lab Sample Invoice # 895-13 Date Time Collected By Collected 4/2/2013 10:35 AM RD System Eshelman Received 4/3/2013 10:25 AM Matrix Drinlhing Water Carbondale CO Purpose Special Purpose Chlorine Location Hydrant Comments Test Name Total coliforms PA Result ABSENT Coliform/ABSENT E. coli or less than one (<1), indicates a microbiologically safe sample 4/4/2013 8:48:10 AM • • OPTION TO EXECUTE WATER LEASE AND AGREEMENT THIS OPTION TO EXECUTE WATER LEASE AND AGREE o(hereinafter "Option") is made and entered into this r_5"- day of 7eb ru.4r rcl, ' y and between CARBONDALE LAND DEVELOPMENT CORPORATION, a Colorado corporation (hereinafter "CLDC"), and Roger and Amelia Eshelman (hereinafter "Optionee"); WITNESSETH: WHEREAS, CLDC is the owner of a quantity of excess historic consumptive use water, as more particularly described and decreed in Case No. 79CW097, District Court in and for Water Division No. 5, State of Colorado; and WHEREAS, Optionee desires to obtain an option to lease from CLDC a perpetual right to delivery of 0.3 acre-feet of consumptive use water pursuant to the terms set forth herein to pursue Water Court approval of the use of the proposed leased water; and WHEREAS, the parties desire by this Option to set forth the terms and conditions of the Option to Execute a Water Lease and Agreement. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Option to Execute Water Lease and Agreement and Option Term Thereof. CLDC hereby grants to Optionee, pursuant to the terms of this Agreement, an option to execute the form Water Lease and Agreement, attached hereto and incorporated by reference as Exhibit A. 2. Option Term. The term of this Option shall commence upon execution of this Agreement and shall continue for the period of one (1) year, so long as all terms and conditions of this Agreement are satisfied. 3. Option Fee. Optionee shall pay to CLDC a non-refundable, non -creditable $300.00 option fee, receipt of said fee is hereby acknowledged. 4. Termination of Option Agreement. If Optionee does not exercise its option to execute the attached Water Lease and Agreement granted herein within one (1) year of the execution date of the Option, this Agreement shall terminate and be void and of no effect, and each party hereto shall be released from all obligations hereunder; provided, however, Optionee's option fee payment of $300.00 shall be retained by CLDC. In the event of termination of this Option, CLDC shall have no further obligation to enter into a water lease with Optionee. P:\ 19991Docwnans\CLEC-Eshe) m en-option•"geemcnt. wpd September 16, 1999 -1- 5. Renewal of Option Agreement. If, prior to the expiration of the one (1) year option granted herein, Optionee desires to extend the option for an additional one (1) year, Optionee may do so by paying CLDC an additional non-refundable, non -creditable $300 option fee. 6. Water Court Proceedings. Optionee shall be solely responsible at Optionee's sole cost to obtain any approvals from the Water Division No. 5 Water Court necessary to utilize the proposed leased water. 7. Notices. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States Mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to CLDC: With copy to: Notice to Optionee: With copy to: Mr. Scott Writer, President Carbondale Land Development Corporation P. O. Box 9705 Aspen, CO 81612 Loyal E. Leavenworth, Esq. Leavenworth & Tester, P.C. P. O. Drawer 2030 Glenwood Springs, CO 81602 Roger and Amelia Eshelman 7378 County Road 100 Carbondale, CO 81623 Dendy M. Heisel, Esq. Balcomb & Green, P.C. P. O. Drawer 790 Glenwood Springs, CO 81602 8. Construction of Language. The language used in this Agreement, and all parts thereof, shall be construed as a whole according to its plain meaning, and not strictly for or against any party. AH parties have equally participated in the preparation of this Agreement. 9. Section Headings. The section or paragraph headings contained within this Agreement are inserted for convenience only and shall not be construed to vary or add to the meaning of the Agreement. 10. Severahility. If any covenant, term, condition, or provision contained in this F:\ 19991Aocuments\CLDC-Eslelman-option-agreement wpd September 16, 1999 • -2- • • Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such covenant, term, condition, or provision shall be severed or modified to the extent necessary to make it enforceable, and the resulting Agreement shall remain in full force and effect. 11. Complete Agreement. This document embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are integrated and merged into this Agreement. 12. Governing Law. This Agreement shall be governed by the laws of Colorado, which state shall also be deemed the place where this Agreement was entered into and the place of performance and transaction of business of the parties. In the event of litigation pertaining to this Agreement, the exclusive forum, venue, and place of jurisdiction shall also be Colorado, unless otherwise designated in writing by the parties. 13. Authority. Each person executing this Agreement represents and warrants that he or she has been duly authorized by one of the parties to execute this Agreement and has authority to bind said party to the terms and conditions hereof. WHEREFORE, the parties have executed this Option to Execute Water Lease and Agreement on the day and year first written above. F:119941Documenfs\CLDC-Esbclman-op[ ion-agreemeni.wpd Scptcmbor 16, 1999 By -3- CARBONDALE LAND DEVELOPMENT CORPORATION -arc tt- rites; resident Rs _er Eshelman, Optionee 47. \Amelia Eshelman, Optionee • • • EXHIBIT A TO OPTION TO EXECUTE WATER LEASE AND AGREEMENT WATER LEASE AND AGREEMENT THIS WATER LEASE AND AGREEMENT (hereinafter "Agreement") is made and entered into this 15 day of March, 2001 , 199a, by and between CARBONDALE LAND DEVELOPMENT CORPORATION, a Colorado corporation (hereinafter "Lessor"), and Roger and Amelia Eshelman (hereinafter "Lessee"); WITNESSETH: WHEREAS, Lessor is the owner of a quantity of excess historic consumptive use water, as more particularly described and decreed in Case No. 79CW097, District Court in and for Water Division No. 5, State of Colorado; and WHEREAS, Lessee owns the property set forth on Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, Lessee desires to lease from Lessor a perpetual right to delivery of 0.3 acre- feet of consumptive use water (AF/CU) pursuant to the terms set forth herein for the following uses: single-family residences with approximately 4,500 square feet of lawn and garden irrigation at 0.1 AF/CU/house SUBTOTAL 0.3 AF/CU TOTAL 0,3 AF/CU WHEREAS, the parties desire by this Agreement to set forth the terms and conditions of the lease of said water. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: l . Quantity and Term of Lease. Lessor hereby leases to Lessee, pursuant to the terrns of this Agreement, 0.3 acre-feet per year of adjudicated consumptive use water of the 42.49 acre- feet of excess historic consumptive use decreed in Case No. 79CW097, District Court, Water Division No. 5, State of Colorado, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (hereinafter referred to as the "Leased Water"). The Lessor makes no representation that the quantity purchased is adequate for Lessee's proposed uses. P :119991Docw"ea u s1CLDC-Estee I man -waled ease -agree mens, wpd September 16, 1999 The term of this Lease shall commence upon execution of this Agreement and shall continue in perpetuity, so long as all terms and conditions of this Agreement are satisfied. While Lessor warrants that it owns the water rights herein conveyed, Lessor makes no representation or warranty whatsoever concerning the viability of said water rights, the suitability of said water rights for Lessor's use, or any other representation concerning the water rights which are the subject of this Agreement. Said water rights are accepted by Lessee"as is." Lessee shall be solely responsible for securing, at Lessee's sole cost, any and all approvals necessary to utilize the leased water, including without limitation Water Court approval. 2. Annual Payment. An annual payment shall be due for each annual period, which is March 15 to March 14. Lessee shall make payment to Lessor annually in the amount of $375.00 per year, subject to escalation pursuant to Paragraph 3, below, calculated as follows: 3 single-family residences with approximately 4,500 square feet of lawn and garden irrigation at $125.00 per single-family residence SUBTOTAL $375.00 TOTAL $375.00 The first annual payment shall be due prorated as appropriate and is due upon execution of this Agreement, receipt of which is hereby acknowledged. Thereafter, annual payments shall be due on March 15 of each year, following the year of execution of this Agreement. If payment is not received by the Lessor by the due date, written notice of the same shall be sent by Lessor to the Lessee. If full payment is not received by Lessor within thirty (30) days after delivery of said notice, Lessor may elect to terminate this Agreement, in which case all right and interest of Lessee in and to the Leased Water shall automatically revert to Lessor. 3. Annual Payment Increase. Beginning with the payment due on March 15, 1998, and each March 15 thereafter, the amount of each annual payment shall increase by an amount equal to the preceding annual charge multiplied by the most recently published Denver/Boulder Consumer Price Index ("All Items") (hereinafter "Price Index") for the immediately preceding year. The following formula shall be used for determining the adjustment, if any, in the annual lease payments: a. "Price Index" for the December immediately preceding the adjustment Current Index Number = date Base Index Number "Price Index" for December in the year preceding the year utilized in the numerator b. As promptly as practicable after the commencement of the first adjustment year, and thereafter as promptly as practicable after the first day of each succeeding F:\ 199911Documents\CLDC-Esltel ntan-watedeau,agteement.wpd September 16, 1999 • • adjustment year, Lessor shall compute the increase, if any, in the cost of living for the year immediately preceding said adjustment year. Such computation shall be made by use of current and base index numbers provided for each adjustment year as set forth in Paragraph (a) above. c. In computing increases for each adjustment year, the current index number shall be divided by the base index number. From the quotient thereof, there shall be subtracted the integer 1 and any resulting positive number shall be deemed to be the percentage of increase of cost of living. d. The percentage of increase in the cost of living shall be multiplied by the minimum annual rental, including increases for the year preceding the adjustment year for which the increase is being computed. e. The Lessor shall, within a reasonable period of time after obtaining the appropriate data necessary for computing such increases, give the Lessee notice of any increase so determined. Lessee shall, within sixty (60) days after the receiving of such notice, notify the Lessor of any claimed error in the calculations, and Lessor shall make such adjustments as he deems appropriate. However, nothing herein shall be construed to extend the time as provided in Paragraph 2, above, when lease payments are due and payable by Lessee. f. If publication of the pertinent Consumer Price Index shall be discontinued, the parties hereto shall thereafter accept comparable statistics on the cost of living for the average of all U. S. cities, All Items, as the same shall be computed and published by an agency of the United States or by a responsible financial periodical of recognized authority then to be selected by the parties hereto. In the event of (I) use of comparable statistics in place of the Consumer Price Index as above mentioned, or (2) publication of the Index figures at other than bi-monthly intervals, there shall be made in the method of computation above provided revision as the circumstances may require to carry out the intent of this paragraph. 4. Late Payments. In the event the Lessee fails to make the annual payment as referenced in Paragraph 2, above, within thirty (30) days of the due date, said payment shall be immediately subject to a late payment fee of 10 percent of the amount due, and said payment shall thereafter continue to accrue interest at 18 percent per annum on the amount due plus the late payment fee. S. Use of Water by Lessee. Lessee shall be solely responsible for securing all necessary judicial or administrative approvals required to permit use of the Leased Water in the manner desired by the Lessee. Lessor shall not object to any Water Court or administrative proceeding undertaken by Lessee to enable Lessee to utilize the leased water. Lessor shall reasonably cooperate with Lessee in the provision of documents or other exhibits within Lessor's F:\199911Doeuments\CLDC-EMelman-waterlease-opecment.wpd September 16, 1999 • • • control or dominion that may be required by Lessee in any such proceeding. 6. Terms and Conditions of Delivery. Lessee acknowledges that Lessee's use of the Leased Water is subject to the terms and conditions of the decree entered in Case No. 79CW097, and Lessee agrees to comply with all such terms and conditions. Lessor covenants to pay all assessments and to maintain in good standing the five shares of Park Ditch and Reservoir Company from which the subject consumptive use water is derived, and shall comply with all terms and conditions of the decree in 79CW097. 7. Assignment of Lease. No assignment of this Agreement or sublease of the Leased Water shall be effective without the prior written approval of the Lessor. Lessors' approval will not be unreasonably withheld. 8. Memorandum of Lease. Lessee and Lessor shall execute a Memorandum of Lease as more fully described as Exhibit B, attached hereto and incorporated herein by this reference. Upon execution, said Memorandum of Lease shall be recorded with the Clerk and Recorder of Garfield County as Lessor's expense. 9. Termination of Contract. Subject to the notice provisions of paragraph 2, above, Lessor may elect to terminate this Agreement for failure of the Lessee to: (a) make annual payments in the amounts and at the times required under Paragraph 2, above; or (b) failure of the Lessee to comply with the terms and conditions of this Agreement. In the event of termination of this Agreement, Lessor shall have no further obligation to deliver the Leased Water for the benefit of Lessee, and all rights and interest of Lessee in and to the Leased Water shall revert to Lessor. 10. Breach; Remedies. In the event the Lessee fails to make annual payments in the amounts and at the times required under Paragraph 2, above, or if the Lessee breaches any of the terms and conditions of this Agreement, the Lessor has the option to terminate the agreement or exercise its legal remedies, including but not limited to an action to collect all amounts due to Lessor if said amounts due are not paid within thirty (30) days of the due date. Further, Lessor is entitled to any other remedy available in equity or at law. 11. Attorney Fees. In the event of litigation to enforce any of the terms or conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs. 12. Notices. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States Mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. r:\ 19991Docaments\CLDC•Esbelreen•wate rleose-egrecmeot. wpd September 16, 1999 Notice to Lessor: Mr. Scott Writer, President Carbondale Land Development Corporation P. 0. Box 9705 Aspen, CO 81612 With copy to: Loyal E. Leavenworth, Esq. Leavenworth & Tester, P.C. P. 0. Drawer 2030 Glenwood Springs, CO 81602 Notice to Lessee: Roger and Amelia Eshelman 7378 County Road 100 Carbondale, CO 81623 With copy to: Balcomb & Green, P.C. P. 0. Drawer 790 Glenwood Springs, CO 81602 13. Construction of Language. The language used in this Agreement, and all parts thereof, shall be construed as a whole according to its plain meaning, and not strictly for or against any party. All parties have equally participated in the preparation of this Agreement. 14. Section Headings. The section or paragraph headings contained within this Agreement are inserted for convenience only and shall not be construed to vary or add to the meaning of the Agreement. 15. Severability. If any covenant, term, condition, or provision contained in this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such covenant, term, condition, or provision shall be severed or modified to the extent necessary to make it enforceable, and the resulting Agreement shall remain in full force and effect. 16. Complete Agreement. This document embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are integrated and merged into this Agreement. 17. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest. F:1199911DoewtenieNCLDGtsheiman-waterteme-agccmcnt.wpd September 16, 1999 • • • • 18. Governing Law. This Agreement shall be governed by the laws of Colorado, which state shall also be deemed the place where this Agreement was entered into and the place of performance and transaction of business of the parties. In the event of litigation pertaining to this Agreement, the exclusive forum, venue, and place of jurisdiction shall also be Colorado, unless otherwise designated in writing by the parties. 19. Authority. Each person executing this Agreement represents and warrants that he or she has been duly authorized by one of the parties to execute this Agreement and has authority to bind said party to the terms and conditions hereof. WHEREFORE, the parties have executed this Water Lease and Agreement on the day and year first written above. F:\19991DoetzmentslCLEJC-Eshelmon-waterlease-agreementwpd September 16, 1999 CARBONDALE LAND DEVELOPMENT CORPORATION �Bf `Scott Writer, President By / Rage Eshelman, Less e By C- melia Eshelman, Lessee .;ti:aN .r•ti,.:s �i..,ir.q ..• 1=Q a u1 I J p"D U QQ 'Da y J In FDZ Recorded at—�r��s yo' to t Reception No. �►S�eiJ ]►a . I'MISDEED, Mod. thl. 1631 ,between O C 1 1G 1961 .reA 11 583 ricESGB der of October _-. NC oldie County of L4 'plata and State of • Colorado, oaths aril part, end R.) ER 3. ESHELM .i LNa &'!ELTM1 S. 5S BLM4N OCT 1G 198 Mit smeanifitt Miro[ legal ockdrem P.O. Sox 477, Snowless, Cnlore'o 11654 Of the County Pitkinand State ofColored.",ofthe errondpart: ICITNRSSET1i, that the said part y of the nr.t part, for and in consideration of the mum of - Ten Dollars and other valuable consideration $f' to the .dd p■rQ' of the prat part in hand paid by the said parties of the second part, the receipt whereof to hereby eonfee.edand acknowledged, ha a granted, bargained, sold and conveyed, and by these presents dols . grant, bargain, sell, convey and confirm unto the said partite of the second part. their heirs and emplane forever, not in tenancy In common but In Joint tenancy, all the following described lot or parcel of land, situate, Irina and being in the County of Ger field and State of Colorado, to wit: t parcel of land situated in Lot 12 of Section 19. Township 7 South, Range 17 West of, the Sixth Principal Meridian lying Easterly of the Easterly line of' County Road No. 10r,'Southerly of the Northerly line and Westerly of the Easterly line of' said Lot 12, said parcel of land is described as follows: • eginning at. the East Quarter corner nf•said Section 191 thence S. 99 37'27" W. 1324.03 feet along the East -'.fest centerline ef se1A"Section 11 to the Southeast corner of said Lot 12t thence N. 00 20'1+1" E. 115.90 feet to a point in a fence as constructed ?,..• and in place the True Point o.,.3eginningl thence N. 37 37'03" W. 216.91 feet along mid fence to the Easterly :•, line of County Road No. 1011 •. thence N. 33 23'06" W. 479.76 feet along th• Eta torly line of said County Road to a point on the Northerly line of said Lot 12i thence N. 89 3x'26" E. 493.10 feet along the Northerly line of said ' Lot 12 to the Northeast corner of said Lot 121 . thence 5.00 20'41" ht. feet along the East, fly lino of said Cat 12. to .the True Point of Regioning.. Exhibit A to Water T aacP and Ayt 1019A66ilci.11414Aki.1414 TY GETUUI It with all and siugufarthe hrrrdit.mrnla and appurtenance. thwrunlu briun,ing.Or In \II1"lI+,r upper• tailing, and the reversion and rrvrr.ionr, rrnlaindrr eud renlalntler,. r.•tlt., Issues and pc erns tt.err.d: mod ail the estate, right, title. uAerert, claim and demar.d whateuevrr Om eatd party o! t ht [trill pert. either in law ,.r •,tjaty, of, in and tnthe above bargained premise., wit I, the hen-dile:nous and. pito rarrenrre Na. VP.* 41,10A,.T1 UEC:._ 1.1.w. i.+uta b,*Jilted r.41uA, y t t..111•1111 Mout at,,.. 1..e,., t .4.1•••..A13 6.110 a TY • EXHIBIT B TO WATER LEASE AND AGREEMENT MEMORANDUM OF LEASE This MEMORANDUM OF LEASE is made and entered into thisl5 day of March , 2001 by and between Carbondale Land Development Corporation, a Colorado Corporation (hereinafter "Lessor") and Roger and Amelia Eshelman (hereinafter "Lessee"). 1. A Water Lease and Agreement was entered into on March 15, 2001 between the Lessor and Lessee. 2. Lessee owns the property ("Lessee's Property") described on Exhibit A, attached hereto and incorporated herein by reference. 3. Lessor is the owner of excess historic consumptive use water, as more particularly described and decreed in Case No. 79CW097, District Court in and for Water Division No. 5. Pursuant to the Water Lease and Agreement, Lessee has leased from Lessor, for consideration to be paid each year, a perpetual right to delivery of 0.3 acre feet of Lessor's historic consumptive use water, to provide a legal water supply for the Lessee's Property, pursuant to the Lessor's decree in Case No. 99c11198 , District Court for Water Division No. 5. 4. This Memorandum of Lease is being recorded to provide notice to third parties of the existence of the Water Lease and Agreement. Nothing herein shall modify the terms and conditions of the Water Lease and Agreement between Lessor and Lessee. CARBONDALE LAND DEVELOPMENT CORPORA_T1AN - ott Writer, President STATE OF COLORADO COUNTY OF Sar -Reid ROGER AND AMELIA ESHELMAN gel) e9000 Subscribed and sworn to before me this `J�day of _ ,4399 by Scott Writer, as Development Corporation. My commission expires; / /- STATE OF COJ,ORADO ) COUNTY OF (e7a,vG't e. Subscribed and sworn to before me this My commission expires: N EXPIRES ol/10/04 Notary Public LA day of 2e \'tfr,t by lRoger and Amelia E Notary Public F: 19991Documents\CLOG-Eshelman-watedeese-ageement.wpd September 16, 1999 • • Recorded at 41* I II Reception Noi�Ar`Jalu.P�— THIS DEED. Made th i.11 1,81 ,between UC 116 196) ��lereN3Ff^ 583 rAg568 day or October LE1 MC En". I Cr i --Z WU �;3w <pU ypZ XCr 4132 oftha County of La t'lntt andfrtatrof - Colorado, of the fins part. and R15EH 13. ESHET.v.ktt GNB & ELIi S. ISSt1ELM4N whose legal &Mrs.. la ion. Sox 473, Snoemass. C91ar Nin x1654 albs County of F ttki n and :nate of Colorado, of the second part: %ITNt$9CTA, that the said part y of the Mat part, for and In eanalderstlon of tha aura of • . _ - - _ ren Dollars sari other valuable considereti'n ?$$• to th. eald party of the first part in hand paid by the mild part{a of the a.cond part, the receipt whereof N hereby confessed and aeknowledred. fro a aranted,baraalned,gold and ronveyed.and hythese presents dons ' trent, barren+, eel!, convey and confirm unto the sold parties of the second part, their nein and aaslarra forever. not In tenancy in eommen but in Joint trnancy, all the r"!ivelna deaerlbed lot or parcel of land, altuate. Morand briny In the County of .,ar f field and Stat. of Colorado, to wit! t: & parcel of land situated in Int 'L of Section 19, Township 7 South, '-• Range 87 West of the Sixth Princlta1. Meridian lying Easterly of the Easterly line of County noel No. 10O,' Southerly of the Northerly line and Westerly of the Easterly line of said Lot 12. said parcel of land •• is described is follower "•:;i•3eginning at the East Quarter corner or s*id Section 19: ",.f thence S. 99 32.27" 'd. 1324.03 feet along the East -:+west centerline „thence sada` Section 19 to the Southeast corner of said Lot 171 thence N. 00 20141" E. 11°+.90 fent •to a point in a fence as constructed and in place the True Point o,,•_3eginnina,r ;'thence N. 57 32'03" W. 2.16.91 feet along said fence to the Easterly line of County Road No. 1011 • N thence N. 33 23'06" J..479.76 feet along the Easterly line of said County Road to a point on the Northerly Tine of said Lot 12t thence N. 99 39.26" E. 493.10 feet along the Northerly 'Lino of said Lot 12 to the Northeast corner of saii Lot 12; • .thence S.00 20'41" V. '+12.97 feet along the East,"'Ly line of said L'ot 12, to the True Point of 9egi'ning. M i #1 !fid hid iJid+6 Exhibit A to Mt3TniafxliZn of adorn TOGETHER with all and ■inrular the hereditament' and appurtenances thereunto beluntwina, or in anywiw upper• trInin , arid the coronion and rrv.raluna, remainder and rvm►nuirra, refit.. 'sours and pi ails then«.,f; arid all Inv estate, nrrhl, titin, wtewrl, doom and dwma+d wlral.wvrr rf the raid party of the fund part. wither on law ..r.,yurty, • of, In end loth/ shave barauined premises, with the hwrd.tMerits and appurtenances. • • IIIII! I I III Id 11 11111 III 1!I 11111 1111 1111 452553 03/20/2001 01.35P LEASE DAVIS SILVI 1 of 2 R 10.00 D 0,00 N 0.00 PITKIN COUNTY CO EXHIBIT B TO WATER LEASE AND AGREEMENT MEMORANDUM OF LEASE This MEMORANDUM OF LEASE is made and entered into thisl5 day of March , 2001 by and between Carbondale Land Development Corporation, a Colorado Corporation (hereinafter "Lessor") and Roger and Amelia Eshelman (hereinafter "Lessee"). 1. A Water Lease and Agreement was entered into on March 15, 2001 between the Lessor and Lessee. 2. Lessee owns the property ("Lessee's Property") described on Exhibit A, attached hereto and incorporated herein by reference. 3. Lessor is the owner of excess historic consumptive use water, as more particularly described and decreed in Case No. 79CW097, District Court in and for Water Division No. 5. Pursuant to the Water Lease and Agreement, Lessee has leased from Lessor, for consideration to be paid each year, a perpetual right to delivery of 0.3 acre feet of Lessor's historic consumptive use water, to provide a legal water supply for the Lessee's Property, pursuant to the Lessor's decree in Case No. 99CW198 , District Court for Water Division No. 5. 4. This Memorandum of Lease is being recorded to provide notice to third parties of the existpee of the Water Lease and Agreement. Nothing herein shall modify the terms and conditions of the Water Lease and Agreement between Lessor and Lessee. CARBONDALE LAND DEVELOPMENT ROGER AND AMELIA ESHELMAN CORPORA Iy S ott President STATE OF COLORADO^ COUNTY OF gGt(-Reid 11] a000 Subscribed and sworn to before me this, day of Z-� ,4909 by Scott Writer, as P Development Corporation. My commission expires: STATE OF CO�ORADO t ) COUNTY OFN(i e. Subscribed and sworn to before me this My commission expires: --M C01V MISSi0N EXP RES' 01/10/04 Y: \ 19991Documents\CLDC-Esliebnen-wotericase•apmemc September 16, 1919 Notary Public DCCA day of VA'Llar,lit991Xby Roger and Amelia E ti \, cC Notary Public Please return to: Leavenworth & Karp, P.C. P.O. Drawer 2030 Glenwood Springs, CO 81602 XVVQ- ---- 0 N 1E! • co nom cs° NEON omMi. 1.4is, EMS• m ire 610 -J -13 00100 '11CO =MN NM mm 1"' AIMO vMOO rs "Us N=N BIMaNMI o r- _,... MEM0 -art MINMOM • wen 0 NameA n Q 0 sewn t#I®I E wMO at�N rm~i awl Ittr v eg mos N6?M MOE m at, M C umm" I f)t• 'd :lam rC Ito orded at '13 t+' I k Reception No. d2 OCI 1G I96i ' try rem 583 1.4E568 THIS DEED. Made this ^ "� doe of October 1081 .between 1.E1 MC COR"TC`. of the County of La Plata and Stals of • Colorado, of the first part and OCT 16190 ROGERMyr vasloppe B. ESNELu41 GN) 4",ELT1 S. 5S96LM4N whoweleRal address Ia P.O. Box 473, Sn.wmaes. Colorado 9154 of the County of Pitkin and Slate of Colorsdo.of the Rerond part: RITNESSETN, that the said part y of the first part, for and Inconsideration of the Rum of pen Dollars arra other valuable consideration fits' to thr .aid para' of the first part in hand paid by Ih. cid parties of the amend part. the receipt wherrnf la hereby eunfa.a.d and acknowtedcrd, had ar.nred, b.raalned,aold and aaaaraed, and Fr th..• p.e.eatr d."ta , Rent. baratin, seal, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy In common but In Joint tenancy, all the r.•llowlnR described lot or parcel of land, aftuata, lying and beinglnths County of 34,rfieli and State of Colorado, to wit: • A parcel of land situate! in Lot 17 of Section 11, Township 7 South, Range e7 west of the Sixth Principal. 4eridian lying Easterly of the Easterly line of County Road No. 100,' Southerly of the Northerly line and Westerly of the Easterly line of said Lot 17, said parcel of land ie described as follows; r..•Seglnninq at the East Quarter corner of'srtd Section 19; ;.,,thence S. 99 37'27" W. 1374.03 feet along the East-West centerline said -Section 19 to the Southeast corner of said Lot 17; > thence N. 00 20'41" E. 11.91 '"est to a point In a fence as constructed and in place the True Point o.,_3eginninv,f •', thence 4. 97 37'03" W. 216.91 feet along said fence to the Easterly line of County Road No. 101; 'thence 1. 33 23'06" 4..479.7; feet ilnng the Easterly line of sail County Road to a Point on the Northerly line of veil Ls: 12i thence N. B9 30'26" E. 493.10 feet along the Northerly line of said Lot 12 to the Northeast corner of said Lot 12; •.thence 5.00 20'41" V. 412.92 fent along the East..rly line of said Got 12, to the True Point of Regtoning. MEN0 f.4 U) - 0 0 U) _ u4 z ca I— NC �'aats fU MOM - CD --In z MINSos (r) 6) N•-• n>! CO NMIN0 ISI MEI csi MOM I • Nq-i Aja m KC Kf9 N —� SNI O dN Fir Exhibit A to Marorandun of Telse . /itf'fTr'7`'i'fYi<l `1( 1 rovtr roceTItEN with all sod sit. uiar th. hereditamrula and appurtenance. ihrraunto belont•ing. at in anywise apprr• tainlriL, and the reversion and revor.lun., rrneaindei brio remstndrr., refits, Issues and pi.fils thetr"f: and 011 the •ifair, nicht, !stir, mtervat, claim and.t.nund whatstwrer of tilt, said purl of thr heal para. !Alba,' in law or ...luny. of, in and toiler ahoy* bargained premiss, wlIb the hreaduau.ut, and appnrl•+:ohms. DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 99CW198 FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT IN THE MATTER OF THE AMENDED APPLICATION FOR WATER RIGHTS OF ROGER AND AMELIA ESHELMAN, in Garfield County, Colorado This matter carne before the Court upon the Amended Application of Roger and Amelia Eshelman for a Change of Water Right and Plan for Augmentation. The Water Judge referred the Amended Application to the undersigned as Water Referee for Water Division No. 5, State of Colorado, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as the Water Rights Determination and Administration Act of 1969. The undersibmed Referee has made such investigations as are necessary to determine whether or not the statements in the Amended Application are true, has become fully advised with respect to the subject matter of the Amended Application, and has consulted with the Division Engineer for Water Division No. 5. The Referee hereby makes the following determination and ruling as the Referee in this platter. I. FINDINGS OF FACT 1. Roger and Amelia Eshelman filed an Application for a Change of Water Rights and Plan for Augmentation on September 30, 1999. Applicants filed an Amended Application on October 6,1999. 2. The Amended Application was properly published in the resume for Water Division No. 5. All notices required by law have been made, and the Court has jurisdiction over the Amended Application and over all of the parties in this case. 3. None of the water rights or sources thereof involved in this Amended Application are located within a designated ground water basin. The Eshelman Well No. 1 and source thereof are not located within a designated ground water basin. 4. No Statements of Opposition to the Amended Application were filed. The time for filing such statements has expired. CLAIM FOR CHANGE OF WATER RIGHT 5. Decreed name of structure for which change is sought: Basalt Conduit. 6. Information from previous Decree for Basalt Conduit: A. Date Entered: June 20, 1958 Case No: W-4613 Court: Garfield County District Court B. Decreed point of diversion: The decreed headgate and point of diversion for the Basalt Conduit is located on the left side of the Frying Pan River in the NE' of the NW% of un -surveyed Section 18, T. 8 S., R. 84 W. of the 6th P.M. at the head of the outlet tube for Ruedi Reservoir whence the SW corner of Section 7 of T. 8 S., R. 84 W. of the 6th RM. bears N. 79°00' W., a distance of 2,017.1 feet. C. Source: The Frying Pan River, tributary to the Roaring Fork River, tributary to the Colorado River. D. Appropriation Date: July 29, 1957 E. Amount: 450 cfs F. Use: Generation of electricity, irrigation, domestic, municipal, stock watering, piscatorial and industrial. 7. Proposed change: Applicant seeks an alternate point of diversion of the Basalt Conduit in the amount of 0.033 cfs (15 gpm) at the Elshelman Well No. 1, more particularly described as follows: Case No. 99CW198 Applicant: Roger and Amelia Eshelman Findings of Fact, Ruling of Referee, and Judgment and Decree of Water Court D:\Wp-doc\Eshelnan\decree 5-8-00.wpd • Page 2 A. Location: SW1/4 NE 1/4 of Section 18, T. 7S., R. 87 W., of the 6°' P.M., at a point 2,200 feet from the North section line and 1,400 feet from the East section line, in Garfield County. Fork River. B. Depth: 250 feet C. Source: groundwater tributary to Cattle Creek, tributary to Roaring D. Amount: 15 gpm 8. Basalt Water Conservancy District ("BWCD") owns the Basalt Conduit water right. Applicants have a water supply contract with BWCD. 9. Name and address of owner of land upon which point of diversion of well and place of use are located: Applicants 10. The proposed well will serve up to tree individual residential sites. CLAIM FOR PLAN FOR AUGMENTATION 11, Name of structure to be augmented: Eshelman Well No. 1 12. Water rights to be used for augmentation: A. Park Ditch and Reservoir Company. The Applicants are the owners of an option to perpetually lease 0.3 acre foot of historic consumptive use decreed in Case No. 79CW097, Water Division No. 5 (hereinafter sometimes referred to as "CLDC water"). The 0.3 acre foot of adjudicated historic consumptive use is derived from water rights decreed to the Park Ditch and Reservoir Company. The Park Ditch and Reservoir Company diverts water from Cattle Creek under the following water rights: Case No. 99CW198 Applicant: Roger and Amelia Eshelman Findings of Pact, Ruling of Referee, and Judgment and Decree of Water Court D:\Wp-doc\Eshelman\decree 5-8-00.wpd • Page 3 TABLE I PARK DITCH WATER RIGHTS Ditch Decreed Priority No. Decreed Adjudication Appropriato C.A. Amount Location Date n Sec. 7, T. 7 S., R. 87 W. Date Park Ditch 9.0 2,21A NW/SW/SE 6/26/1913 9/12/1904 1627 Park Ditch 4.1 232 NW/SW/SE 6/9/1916 7/1/1912 1821 Park Ditch 1.8 221A NW/SW/SE 4/16/1917 9/12/1904 1627 Park Ditch 2.0 232 NW/SW/SE 9/5/1918 7/1/1912 1973 Direct flow diversions under the shares in the Park Ditch and Reservoir Company are supplemented by releases from Consolidated Reservoir. This reservoir operates under the following decreed priorities: TABLE II CONSOLIDATED RESERVOIR WATER RIGHTS Structure Decreed Priority No. Decreed Adjudication Appropriatio C.A. Amount Location Date n Date Sec, 19, T. 6 S., R. 87 W. Con. Res. 595.0 AF 83 NF/NE 2/15/1921 9/8/1898 2144 Con. Res. 285.6 AF 673 NE/NE 6/20/1958 9/1/1948 4613 Con. Res. 401.0 AF 654 NE/NE 11/5/1971 9/1/1948 5884 Historic use: The historic use associated with Applicants' 0.3 acre foot of historic consumptive use was adjudicated and determined in Case No. 79CW097 in the District Court in and for Water Division No. 5. B. Ruedi Reservoir. By contract dated September 30, 1999, up to 0.1 acre feet of water has been secured by the Applicants from the Basalt Water Conservancy Districts water allotment contract with the Bureau of Reclamation for Ruedi Reservoir water. Ruedi Reservoir is an on -channel reservoir located in the NW'/4NE1/4 of Section 18, Township Case No. 99CW198 Applicant: Roger and Amelia Eshelman Findings of Fact, Ruling of Referee, and Judgment and Decree of Water Court D:1Wp-doc\Eshelmanldecree 5-8-OO.wpd • Page 4 • • • 8 South, Range 84 West of the 6' P.M., in Eagle and Pitkin Counties. Ruedi Reservoir was originally decreed for 140,697.3 acre feet in Civil Action No. 4613, Garfield County District Court on June 20,1958, with an appropriation date of July 29,1957, for hydro -electric power generation, irrigation, municipal, domestic, industrial, piscatorial and stock watering uses. Subsequently, in Case No. W-789-76, Water Division No. 5, the amount of water decreed to Ruedi Reservoir was reduced from 140,697.3 acre feet to 102,369 acre feet. 13. Statement of plan for augmentation: A. Water will be diverted from the Eshelman Well No_ 1, as an alternate point of diversion for the Basalt Conduit, on a year-round basis for domestic use for three single- family dwellings on a single residential site. During the months of May through October, inclusive ("the irrigation season"), water will also be diverted under these rights for irrigation of up to 4,500 square feet of lawn and landscape irrigation. Water will also be diverted for watering of six head of stock. B. This plan 'is based upon the assumption that each single-family home is estimated to require an average of 350 gallons/day ("GPD"), based upon 3.5 persons using 100 GPD each. Depletions are estimated to be 15% of diversions; waste water treatment will be by a septic tank/leach field system. Livestock water demand is estimated to be 11 GPD per head, or 66 GPD total for six horses, and is considered to be 100% consumptive. The irrigation demand is 2.33 acre feet per acre, based upon the Blaney-Criddle methodology, assuming an 80% irrigation efficiency. Irrigation depletions are assumed to be 1.87 acre feet per acre. C, The projected diversion requirements for these augmented uses are 1.56 acre feet annually, with a projected annual consumptive use of 0.461 acre feet. Exhibit A hereto is a table summarizing the contemplated monthly diversion and depletion amounts. The Eshelman Well No. 1 meets the criteria of well group D of the BWCD delayed depletion categories, as decreed in Case No. 87CW155, Water Division No. 5. Exhibit B hereto depicts the monthly depletion and delayed return flow factors for well group D. A projected augmentation schedule taking delayed depletions into account is Exhibit C hereto. The projected augmentation requirement from the CLDC water is 0.225 acre feet annually, and the projected requirement for releases from Ruedi Reservoir is 0.038 acre feet annually. Consistent with prior BWCD decrees, Applicants have anticipated that a call against the Basalt Conduit during the non -irrigation season would occur only in the month of April. Case No. 99CW l98 Applicant: Roger and Amelia Eshelman Findings of Fact, Ruling of Referee, and Judgment and Decree of Water Court D:\Wp-doc\Eshelman\decree 5-8-OO.wpd Page 5 • D. The above-described augmentation plan is sufficient to allow uninterrupted diversions from the well, and prevent injury to other vested and decreed conditional water rights. Il. CONCLUSIONS OF LAW 1. The foregoing findings of fact are fully incorporated herein. 2. Notice of the Amended Application was properly given. The Court has jurisdiction over the Amended Application and over all persons or entities who had standing to appear, even though they did not do so. 3. The Amended Application is complete, covering all applicable matters required pursuant to the Water Right Determination and Administration Act of 1969, C.R.S. §§ 37-92- 101 through -602. 4. The Couft has given due consideration to the Division Engineer's Summary of Consultation dated January 25, 2000. See C.R.S. §37-92-302(4). 5. Applicants have fulfilled all legal requirements for a decree for the requested change of water right induding C.R.S. §§ 37-92-302 and 37-92-305. 6. Applicants have fulfilled all legal requirements for a decree for the requested plan for augmentation including C.R.S. §§ 37-92-302 and 37-92-305. 7. The change of water right described herein will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. 8. If operated in accordance with the terms and conditions of this decree, the plan for augmentation described herein will prevent injury to senior vested or decreed conditional water rights. 9. The subject Amended Application is in accordance with Colorado law. Applicants have fulfilled all legal requirements for entry of a decree in this case. Case No. 99CW l98 Applicant: Roger and Amelia Eshelman Findings of Fact, Ruling of Referee, and Judgment and Decree of Water Court D:\Wp-doc\Eshelmanldecree 5-8-04.wpd • Page 6 • III. TUDGMENT AND DECREE 1. The foregoing findings of fact and conclusions of law are incorporated herein. 2. The Court hereby orders the State Engineer to issue any required well permits for the wells described in paragraph I.6., above, upon application to the State Engineer. 3. The Court hereby confirms and decrees the change of water right for the Eshelman Well No. 1, as described herein. 4. The Court hereby decrees and approves the plan for augmentation described herein. 5. The Applicants shall install measuring devices, provide accounting, and supply calculations regarding the timing of depletions as required by the Division Engineer for the operation of this plan. The Applicant shall also file an annual report with the Division Engineer by November 1-5' following each irrigation year (November 1 through October 31) summarizing diversions and replacements made under this plan. 6. Prior to an subdivision of the subject property, the Applicants shall establish a homeowners association, which shall be responsible for ensuring that the terms and conditions of this decree are met. 7. In consideration of the specific findings and conclusions made herein, and in conformance with C.R.S. § 37-92-304(6) (1990), as amended, the change of water right and plan for augmentation decreed herein shall be subject to reconsideration by the Water Judge on the question of injury to the vested water rights of others for a period of five years after the augmentation plan becomes operational. If no petition for reconsideration is filed within said five years, retention of jurisdiction for this purpose shall automatically expire. Any party who wants the Court to reconsider the question of injury must file a verified petition with the Court, setting forth the facts that cause such injury and explaining the daiuned injury. The party filing the petition shall have the burden of proof to establish the facts and the injury alleged in the petition. 8. In conformance with Colo. Rev. Stat. § 37-92-305(8), the State Engineer shall curtail all out -of -priority diversions, the depletions from which are not so replaced as to prevent injury. Further, the Applicants and their assigns understand that the Ruedi Reservoir replacement water is a lease supply, and if such lease should expire, fail to be Case No, 99CW198 Applicant; Roger and Amelia Eshelman Findings of Fact, Ruling of Referee, and Judgment and Decree of Water Court D:\Wp-doe\Eshelman\decree 5-8-00.wpd • Page 7 • • • renewed, is terminated, or an alternative source of water is not included in this decree by proper amendment prior to such expiration, curtailment of all out -of -priority diversions will occur. 9. Review of determinations made by the Division Engineer or the State Engineer in administration of the change of water and plan for augmentation is a "water matter" which the Water Court may review de novo and over which the Water Court has exclusive jurisdiction. It is accordingly ordered that this ruling of Referee and judgment and decree shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to C.R.S. § 37-92-304, as amended. It is further ordered that a copy of this ruling of Referee and judgment and decree shall be filed with the State Engirteer and the Division Engineer for Water Division No. 5. Done at the - City of Glenwood Springs, Colorado, this 6ifiL,day of Y , 2000. Copy of the foregolOg mailed to all Counsel of recordl• Wate/ Referee—Div. f !neer- -an State Engineer -Date _-5 (--- d Dcwri vHW. wr:o f;h. No. 5 Heisel BY THE REFEREE: Daniel B. Petre, ater Referee Water Division No. 5 State of Colorado No protest was filed in this matter. The foregoing Ruling of the Referee is confirmed and approved, and is made the Judgment and Decree of this Court. Done this ,,/,,•,-'day of ,- --.-L , 2000. Copy of the forego ill mailed to all / Counsel of record ---Water/ /' i�eforee, Div. Ery--9ineer �} 7 c/ :z:t Na.6 Heisel BY THE COURT: omas W. Ossola, Water Judge Case No. 99CW198 Applicant: Roger and Amelia Eshelman Findings of Fact, Ruling of Referee, and ,Judgment and Decree of Water Court D:\Wp-doc\Eshelman\decree 5-8-00.wpd Page 8 (970) 963-9800 CHANGE/EXPANSION OF USE OF AN EXISTINC3 WEI_I ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS QF 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 Weil Construction and Pump Installation Contractors In pacardance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) en the condition that this well is operated in accordance with the Roger and Amelia Eshelman Augmentation Plan approved by the Division 5 Water Court In case no. 99CW198. If this well is not operated In accordance with the terms of said decree, It will be subject to administration Including orders to eeaso diverting water. 4) Approved for tho expansion of use of an existing well, permit no. 162097. The Issuance of this permit hereby cancels permit no. 162097, 5) The use of ground water from this wet is limited to ordinary household purposes inside three single family dwellings, the Irrigation of 4,500 square feet of lawn and landscape irrigation, and the watering of six head of stock. 6) The maximum pumping rate of this well shall not exceed 15 GPM_ 7) The annual withdrawal of ground water from this well shall not exceed 1.56 acre-foot. 8) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the web is located, 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case numbers) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) A totalizing flow meter must be installed on this well and maintained In good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) end submitted to the Division Engineer upon request. 11) This well shall be located not more than 200 feet from the location specified on thls permit and not less than 800 feet from any existing well. APPROVED J02 State Engineer ,Receipt No. 0459390 DATE ISSUED NOV 0 9 20011 BEXPIRATION DATrE AfV V 09 20 I Forth tido. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 81$ Centennial Bldg., 1313 Shemran St., Denver. to orado 80203 (303)868•35B1 APPjJICANT ROGER & AMELIA ESHELMAN 7378 CR 100 CARBONDALE, CO 81601- WELL PERMIT NUMBER O548fi -F DIV. 5 WD 38 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 18 Township 7 S Range 87 W Sixth P.M. DISTANCES FROM SECTION LINES 2200 Ft. from North Section Line 1400 Ft. from East Section Line 1 FOAN NO:C 1i/�o {S � 'j'e�- f?UMP INST AND TEST REPORT TATE OF COLORADO, OFFICE (]F THE STATE ENGINEER • For Woo Volt o„ ty - ) REG,E0 7t fE313'92 wATEfttt ,ougcE5 STATE Et►'E»:"ER J1 , Range P? G{ . 1. WELD. PeFHMfT NUMBER Pig -5 - r Z OWNER Mailing City, Phone NAME(S) 6, askiaLm AA) Address • tiox. 471 St, zip "_4J614a1,1. a - . 1/4, Sec. le Twp. ( 304. ).9 2.7-16z • 3, WELL LOCATION AS DRILLED; W 1144./E. DISTANCES FROM SEC, LINES: y5`0 ft. -from 1N Sec, Dna, and 140Q fl. from SOC line. FILING(UNIT)SUBDIVISION:. STREET { «fou , LOT BLOCK . ADDRESS AT WELL LOCATION; � _ , , Qf 4. PUMP DATAtType } N9mtf43L• Installation Completed I! // Pump Design Pump ADDIi1ONAL ManufacturerovL� Pump Model No, /O t •41-2 - GPM I at RPM ' 34'517 , HP 1.k..14/0 , Volts 3-)V , Full Load Amps //_ 5.. Intake Depth Feet, Drop/Columns Pipe size f"- __Inches, Inches, Kind _ .. /� 40 ti/c- .,,,,�•! ,•,• INFOR ATIeN FeR PUMPS GREATER THAT 50 GPM' TURBINE DRIVER TYPE: EJ Electric 0 Engine Design Head feet, Number of ■ Other Stages _ Shaft size_ inches. 5, OTHER_ FQUfRMENT: . Monhor Tube installed ❑ Yes01%1o, Depth ft, Airline Flow Meter Installed C] Yes :J No, Orifice Depth ft, Meter Mfg. Meter Serial No. . Readout 0 Gallons, ■ "Thousand Gallons, 0 Acre feet, ® Beginning Reading 6. TET is submitte on Supplemental Form. // !/ DATA: S Check box If Test data 'total Static Date Date Well Depth 240' Time • Level /5,e^ n " Rate (GPM) /8 ,K r Measured jt. IL•, Pumping Lvl. //9'-• x u 7. __de/ DISINFECTION; Type i_ex . Amt, Used /GA2-•• B. Water Quality analysis available. 0 Yes No 9. Remarks to. CONTRACTOR Mailing I have (Pursuant degree Address read the statements made herein and know the contents thereof, and that they are true to my knowledge. to Section 244.104 (13)(a) C.R.S., the making of false statements herein Constitutes perjury in the second and is punishable as a class 1 misdemeanor.) SNL/ /14411" a. _Tioe• Phone ( 3d3) --(3O` Lin, No./050 , e[..4 .Z C4?u x+vA,.-., Spm • / - Vr/FD Z. Name Ile (Please type or print) vv ci 2Cm.) /ate • 3ignetuuDate ( e- .. "" i. 92.-- r 'V Il/ 1 T 11QvrtT b�C1-L.0014RLandiPf A%PtI TOQfi ATE OF COLORADO, OFFICE OF THE STATE ENGINEER FO II OFFICE VSEONLY W•ROA' - n^,^ ,.: WELL PERMIT NNMI3EH +firafreir 5-1F36 - F L OWNER'S NAMES) Ruyur Eaholman Mailing Address P. 0. BOX 473 City, Si. Zip SncaQnase, C. 81654 Rhone 927-3628 {3Q�. re, ci 1011 1 ykTE ttuv.,:-:`? STAT CONIGOtMF t: pt r wsst of oa 3. WELL LOCATION AS DRILLED: SV 1f4 NE 1/4 Sec. 18 TYrp. 7S . Range 8711 DISTANCE FROM SIEO LINES : Ft. From BOO. Linn. And F. From Sc.aLina. Or SUBDIVISION: LOT BLOCK F1UNG (UNIT) STREET ADDRESS AT WELL LOCATION ; GROUND SURFACE ELEVATION ft. DRILLING METHOD : lair Rotary OATH COMPLETED 10/29/'91 ,TOTAL DEPTH 240 IL COMPLETED DEPTH 240 ft. 5. GFOL QGIC LOG : 6. max DJAM. (In) Mom (tt) ID (It} DoPtn 7)94. of Mwtorfal (MITA, Cok t, and woes Locat.a) 9 0 0 , 0 30 1100-240 Volcanic Rooks Flown 6.5 30 240 7. PLAIN CASING OD(in) Kind Wall Size From (ft) To (it) 7.0 MM. f t 0.0 1_0 S.5 P t c 210 OIMIIIIIIIIIIIIIIIIII IIIIIIIIII fr, cA.BIKI: Scram SiptS+«o . ._.._ 5.5 PVC 0. $5Q 210 240 WATER LOCATED : 210+ 8, Filter Pack Material Size Inteivat 9. Packer Placement Type Depth REMARKS : , 10, GROUTING RECORD: malotioi Amount Cora Wawa! Ftaoamani celled k 6 a /St 0-30 orad 11, DISI FECi1ON : T : El .1:, Amt. U. ed nz. 12. WELL, TEST DATA : ( I Check Rtxc If Test Data la Submitted On Suppletnantal Form. TESTING METHOD : It.ir compressor Static Level : 200 It Date/Time Measured 10/29/91 Production Rate 15 gpm Pumping Levol : Total ft, Data/Tirne Mvleesurad 10/29/91 Teat Length (hrs) 2 Remarks : t rA 9 read thV stotomonls mad* *wren and knowihe oonlerts thin.* aid that PloyWP hue to my r�rcumcros3.oetan *+iw ta'a ens.ttgTiwldn9attalo-►ciatwnw6fchareia ommghrles miry n IN? aeca+d daqe9 and Is purist** 84 p 63622 t hNschpoombr.) C;'ONTAACTOR : Shtsltcu Drilling Co. Phone: 303-9Z-4162 Lk. No. 1095 Mailing Address .:. pOBox 1059 Basalt., Cu. 01621_ Name /Um (iykas.TypsOfPIN) V oafs Wayne Shelton/ Owner l`L' �""``�----r_ 10/30,91 ORIGINAL 1 1 • BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 347 Pursuant to C.R.S. 1973, 37-45-131 Roger and Amelia Esehelman (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 seer ., 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 to receive and apply to beneficial use 0.033 cubic feet of water per second from the District's direct flow rights and 0.1 acre feet per year of storage or other augmentation water owned or controlled by the District. 2. SOURCE OF ALLO 1"1'1~D WATJ . R: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other decrees or water rights hereafter acquired by the District, including the District's contractual right to receive storage water from Ruedi Reservoir and Green Mountain Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange or augmentation releases made from the District's storage rights in Ruedi or Green MountainReservoirs or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. 3. F�ITRPQSF} ND 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 Appli- cant'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 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 to use certain waters. It is acknowledged that certain locations within the District may not be susceptible C:.M<1200.1-SMc 6NtVSnlrJcm.4 an 141 1 • iI J '-tJC IJ/ it J/ 0 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 allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more ofthe Districts 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 Districts 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 ofthe 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 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 ofthe Applicants right, title, CAWROCCILIlAto ILWO:PLItactahnoittallta an H7 2 • ,J/VJ40IIJ/ 1- 4/ 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. Inthe 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 Dishict nor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FINDS: 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. 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 3 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. 81 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 upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. ,OPERATION AND MAINTENANCE AGREEM1NT: 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 exten- sion 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. PRIQKRESOLUTION: 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 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--1 37, 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. 4 • 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: Roger and Amelia Eschelman 7378 County Road 100 Carbondale, CO 81623 STAT OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this 0U (day o Roger and Amelia Eschelman. 1999, by WITNESS my hand and official seal. My commission expires:112Ga/r �J r. r tzfoNrbli eWfr. CQt.1\4t IIwCTTR.xL1ar.'a4 o+ 147 5 i ,Q/\/C/1",.J110/ J ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT ROGER AND AMELIA ESCHELMAN CONTRACT NO. 347 m // u Application having been made by or on behalf of Roger and Amelia Eschelman and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for 0.033 cubic feet of water per second from the District's direct flow rights and 0.1 acre feet per year of storage/augmentation water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the attached Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: I. The Applicant has acknowledged that the land to be benefitted by the attached Contract is described on Exhibit "A" attached hereto and incorporated herein by this reference. 2. In the event of the division of the property served by this Contract into two (2) 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. Any allotment of less than 1.0 acre foot of storage water in Paragraph 1 of the attached Contract shall be deemed 1.0 acre foot for purposes of establishing the annual water service charge for such water allotment. 4. The Applicant shall provide the District proof that the proposed land use of the land to be 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. 5. The Applicant has acknowledged that the land to be benefitted by the water allotted hereunder is located within the District's service Area B and the Applicant is aware that the District's temporary water supply plan approved by the State Engineer is confined to District service Area A. Accordingly, the Districts sole obligation under this Contract shall be to release the water allotted hereunder as the outlet works of Ruedi Reservoir_ 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. Any and all conditions imposed upon the release and diversion of water allotted -1- • • 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. 7. 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 G.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 13th day of September, 1999. Attest: q Barbara Mick - Secretary Art Bowles, President BASALT WA MR CONSERVANCY DISTRICT u:w.cunlvirrumennutrr.vwo -2- • 1111111 11111 111111 11111 11111 111111 11111111131 1111111 7P 61363 P663 M ALSDORF 1of2 R10.00D 0.00 1 036002 1GARFIELD COUNTY CO MEMORANDUM OF WATER ALLOTMENT CONTRACT The Basalt Water Conservancy District (the "District") has granted Water Allotment Contract No. 347, dated the 13th day of September, 1999, ("Contract"), to extend to the owner(s) of the real property described on Exhibit "A" attached hereto and incorporated herein by this reference, the right to beneficially use water or water rights owned, leased, or hereafter acquired by the District for such real property located in the County of Garfield, State of Colorado. The Contract is subject to various conditions which may include well permit requirements of the Colorado Division of Water Resources and Water Court approval of an augmentation plan or substitute supply plan. Assignment of the Contract requires the District's consent and Applicant's payment of an assignment fee. Inquiries may be directed to: Basalt Water Conservancy District, c/o Lori J.M. Satterfield, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, Colorado 81602; Telephone: (970) 945-6546; Fax: (970) 945-8902. This Memorandum is subject to the terms and provisions of the Contract which are incorporated herein by this reference. Upon recording, this Memorandum shall constitute notice to bona fide purchasers of the Contract affecting the above-described property. BASALT WATER CONSERVANCY DISTRICT xr' - 13 n99 Byar , .��•L--- Art Bowles, President Date: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this ,3 day of-eocioe,r 1999, by Art Bowles, President of the Basalt Water Conservancy District. y hand and official seal. pion expires: Vie/,VL ,,,,,,,,,,,, 1AOClrxMlm.aN•cnu,+.mgm 147 ogP1 After recording return to: Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81502 t NMI —um faa O MINNQ U - r mai! st 2 CO a°0 — a. U some fel0 m tce1 W amat 1-1 eta u_ mem- cc o_ ac r t9 - 0 W m Q MIN tV O IM▪ MO e4 t9 e -s ME.--Trili Ce ammo f+t N � w ▪ m o afi iv w} J 4^ Z Mt d U.Ca yi i 3W U 4ce. it 0J 1 J 1n , OZ ttecereted at _ 1 s Reception No. aie�e{ !8 i. . hetween UGf 16 661 day of .lr, t)ber 583 ratE568 OCT 16194 Iniwegimgrigi County of L.a 'lila and Stateef I of the C••..t-ndn, of the nest pari, end R' ER i. E'H5L".1 f.tl 1"ELT1 5. 55g8L4lN i i 1 •.>,,,.e iegetwitims is 1.1. llx 1'73. Sno•enoss. Colorado a1S54 and Stott of Colorado, of the second part: \i, o(1fie County of Pitkin ! of the first part. for said in consideration of the sum of l' N'ITVEN�F.Ti{,IfitttheatDoll !7 - - - - 'bite. i1 Ten Volta. and other ralaaule consideration - 1 t,eeeol b 1 l" the sail pard mea of the t pert .n hand paid by the said partNo of the second part. the tr%w hereof % a nts de, h• -Thy confessed and srknowled Rd. h• S Kronted. bargained, odd and conveyed, and by these press art, their heirs and assigns theme. t root, bargain, sell, convey and confirm unto the said parttea of the secondp _ ofor Pei* land. aituatq ` no in •.anancy in common but in Joie!. tenancy. ale the 1•'!towine deaerihad lot andstateofColotad�lowr[t- II Ivintend tieing in the County of larfiele A t.er^et of land situated in Lot 1? of Section 14. rovnahin 7 Sf outh. 11 fango 97 Rent of the Sixth oriocinal Meridian lynaR Easthm kerlyely ofyttine r.attterlY line of County Rood No. 100.'Sodsold oorte of line and Westerly of the EArterly line of said Lot 12. _1 describe'1 as follows: lelLinnlnq at the East Quartnr corner of saCheS��aCoJesticRnterllne ' 'hence S. 99 32'27" W. 1371,03 feet along { .f sato Section 1`i to the Southeast corner of sari Lot 171 `I :hence N. 00 20'41" E. 114.91 feet to a ooint in a fence as constructed ini in place the true Point o. 3einningt thence Y. a7 32'03" W. 21f..91 feet along said fence to the Easterly line of Coanty Road N. loots $:stealer tine of said thence N. :13 23'06" 41. 47'>.7r, feet along County Roads t3Q'2''point. 493.10 feetherly alongline of soil IA! l the 'Qnrtherly lino of said tenr.e N. 9 3 ;.et 12 to the Northeos t corner of said Lot 12g then^_r. r,.0') 20'41" '.!• '4,12.97 feet along the Baht, -ly litre of said Lot 12. t'1 tha True r'otnt of gegtnning• mairBrr A • lY sGe THEE with all and singular the hereditament. and appurionance. thy reunta belong ins, or in sii) wise apper- Ind taicing, and the reversion and reeersior., reartind.* rrdf ttaatrdapart ent•. Iny thr lent pi eapart. either -'.1; ane •Nut 9e s.t ate, nal eht. title, !rite nowt, as, m and deand rhal•.r.v of, In If w the atwve bargained premise*. with the tiered!!s.nent. and .ppurirrianc... No. 14W. t I AW11 t'aaI,--h M.r t.+aw. er.if..ar'uu.•Aur,•. rsu 41. a. M,..•.. 1..•v. • six..! n ere • EDWARD MULHALL, JR. CHRISTOPHER L. COYLE t SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN SCOTT GROSSCUP CHAD J. LEE" LUCAS F. VAN ARSDALE Mr. Roger Eshelman 7378 County Road 100 Carbondale, CO 81623-8816 BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: 970.945.6546 FACSIMILE: 970.945.8902 www.balcombgreen.com August 24, 2012 KENNETH BALCOMB (I 920-2005) OF COUNSEL: JOHN A. THULSON taiso licensed in Oklahoma *also licensed in Wyoming RE: Case No. 99CW198 1 Plan for Augmentation for Eshelman Property Dear Roger: This letter is to provide a summary of the water rights associated with your property located at 7378 County Road 100, Carbondale, Colorado ("Eshelman Property"). The Eshelman Property is served by the Eshelman Well No. 1 which operates pursuant to the Decree in Case No. 99CW198 and State Engineer's Permit No. 54836-F. Copies of the Decree and Well Permit are enclosed herein. In Case No. 99CW198, the Water Court for Water Division No. 5 approved a change of water right to move 0.033 cubic feet per second (15 gallons per minute) of the Basalt Conduit water right to the Eshelman Well No. 1. The Basalt Conduit was originally decreed in Case No. W-4613 on June 20, 1958 for multiple uses including domestic, irrigation and stockwatering with a date of appropriation of July 29, 1957. By changing the Basalt Conduit water right to the Eshelman Well No. 1, the well was granted a more senior status. Water diverted through the well has a date of adjudication of 1958 rather than 1999. The Eshelman Well No. 1 structure can divert up to 15 gallons per minute of the Basalt Conduit water right to serve three residential lots, including a single family residence on each lot and up to 4,500 square feet of lawn and landscape irrigation. The changed water right was also decreed to serve up to six horses within the development (although there were no restrictions imposed on how the six horses should be divided among the lots). The Water Court also approved a plan for augmentation in Case No. 99CW198 to replace any out -of -priority depletions from the Eshelman Well No. 1. Out -of -priority depletions would occur when a call was in effect on Cattle Creek, the Roaring Fork River, or the Colorado River senior to the 1958 Basalt Conduit water right. • Mr. Roger Eshelman BALCOMB & GREEN, P.C. ATTORNEYS AT LAW August 24, 2012 Page 2 The Water Court approved two sources of replacement water. During the non -irrigation season, replacement water is provided from Ruedi Reservoir pursuant to Water Allotment Contract No. 347 with the Basalt Water Conservancy District. During the irrigation season, replacement water is provided from the Park Ditch pursuant to the Decree in Case No. 79CW097 and subject to the contract with the Carbondale Land Development Company ("CLDC"). It is our opinion that the Eshelman Well No. 1 as decreed in Case No. 99CW198 can provide in-house use water to three single family dwellings with up to 4,500 square feet of irrigation each and stockwater for up to six horses within the property located at 7378 County Road 100, Carbondale, Colorado. If you have any additional questions, or need further documentation, please do not hesitate to call me. • Cc: Kelly Cave, Esq. i Very truly yours, BALCOMB & GREEN, P.C. l 1 By: _ �.� I / - i Sara M. Dunn DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 99CW198 STA IC Gi.f ri FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT IN THE MATTER OF THE AMENDED APPLICATION FOR WATER RIGHTS OF ROGER AND AMELIA ESHELMAN, in Garfield County, Colorado This matter came before the Court upon the Amended Application of Roger and Amelia Eshelman for a Change of Water Right and Plan for Augmentation. The Water Judge referred the Amended Application to the undersigned as Water Referee for Water Division No. 5, State of Colorado, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as the Water Rights Determination and Administration Act of 1969. The undersigned Referee has made such investigations as are necessary to determine whether or not the statements in the Amended Application are true, has become fully advised with respect to the subject matter of the Amended Application, and has consulted with the Division Engineer for Water Division No. 5. The Referee hereby makes the following determination and ruling as the Referee in this matter. I. FINDINGS OF FACT 1. Roger and Amelia Eshelman filed an Application for a Change of Water Rights and Plan for Augmentation on September 30, 1999. Applicants filed an Amended Application on October 6, 1999. 2. The Amended Application was properly published in the resume for Water Division No. 5. All notices required by law have been made, and the Court has jurisdiction over the Amended Application and over all of the parties in this case. • • • 3. None of the water rights or sources thereof involved in this Application are located within a designated ground water basin. The Eshelman and source thereof are not located within a designated ground water basin. 4. No Statements of Opposition to the Amended Application were time for filing such statements has expired. Amended Well No. 1 filed. The CLAIM FOR CHANGE OF WATER RIGHT 5. Decreed name of structure for which change is sought: Basalt Conduit. 6. Information from previous Decree for Basalt Conduit: A. Date Entered: Case No: Court: June 20, 1958 W-4613 Garfield County District Court B. Decreed point of diversion: The decreed headgate and point of diversion for the Basalt Conduit is located on the left side of the Frying Pan River in the NE1/4 of the NWl/4 of un -surveyed Section 18, T. 8 S., R. 84 W. of the 6th P.M. at the head of the outlet tube for Ruedi Reservoir whence the SW corner of Section 7 of T. 8 S., R. 84 W. of the 6th P.M. bears N. 79°00' W., a distance of 2,017.1 feet. C. Source: The Frying Pan River, tributary to the Roaring Fork River, tributary to the Colorado River. D. Appropriation Date: July 29, 1957 E. Amount: 450 cfs F. Use: Generation of electricity, irrigation, domestic, municipal, stock watering, piscatorial and industrial. 7. Proposed change: Applicant seeks an alternate point of diversion of the Basalt Conduit in the amount of 0.033 cfs (15 gpm) at the Elshelman Well No. 1, more particularly described as follows: Case No. 99CW198 Applicant: Roger and Amelia Eshelman Findings of Fact, Ruling of Referee, and Judgment and Decree of Water Court D:\Wp-doc\Eshelman\decree 5-8-00.wpd Page 2 • A. Location: SW1/4 NE 1/4 of Section 18, T. 7S., R. 87 W., of the 6th P.M., at a point 2,200 feet from the North section line and 1,400 feet from the East section line, in Garfield County. Fork River. B. Depth: 250 feet C. Source: groundwater tributary to Cattle Creek, tributary to Roaring D. Amount: 15 gpm 8. Basalt Water Conservancy District ("BWCD") owns the Basalt Conduit water right. Applicants have a water supply contract with BWCD. 9. Name and address of owner of land upon which point of diversion of well and place of use are located: Applicants 10. The proposed well will serve up to tree individual residential sites. CLAIM FOR PLAN FOR AUGMENTATION 11. Name of structure to be augmented: Eshelman Well No. 1 12. Water rights to be used for augmentation: A. Park Ditch and Reservoir Company. The Applicants are the owners of an option to perpetually lease 0.3 acre foot of historic consumptive use decreed in Case No. 79CW097, Water Division No. 5 (hereinafter sometimes referred to as "CLDC water"). The 0.3 acre foot of adjudicated historic consumptive use is derived from water rights decreed to the Park Ditch and Reservoir Company. The Park Ditch and Reservoir Company diverts water from Cattle Creek under the following water rights: Case No. 99CW198 Applicant: Roger and Amelia Eshelman Findings of Fact, Ruling of Referee, and Judgment and Decree of Water Court D:\Wp-doc\Eshelman\decree 5-8-00.wpd Page 3 • • TABLE I PARK DITCH WATER RIGHTS Ditch Decreed Priority No. Decreed Adjudication Appropriatio C.A. Amount Location Date n Sec. 7, T. 7 S., R. 87 W. Date Park Ditch 9.0 221A NW/SW/SE 6/26/1913 9/12/1904 1627 Park Ditch 4.1 232 NW/SW/SE 6/9/1916 7/1/1912 1821 Park Ditch 1.8 221A NW/SW/SE 4/16/1917 9/12/1904 1627 Park Ditch 2.0 232 NW/SW/SE 9/5/1918 7/1/1912 1973 Direct flow diversions under the shares in the Park Ditch and Reservoir Company are supplemented by releases from Consolidated Reservoir. This reservoir operates under the following decreed priorities: TABLE II CONSOLIDATED RESERVOIR WATER RIGHTS Structure Decreed Priority No. Decreed Adjudication Appropriatio C.A. Amount Location Date n Date Sec. 19, T. 6 S., R. 87 W. Con. Res. 595.0 AF 8B NE/NE 2/15/1921 9/8/1898 2144 Con. Res. 285.6 AF 678 NE/NE 6/20/1958 9/1/1948 4613 Con. Res. 401.0 AF 654 NE/NE 11/5/1971 9/1/1948 5884 Historic use: The historic use associated with Applicants' 0.3 acre foot of historic consumptive use was adjudicated and determined in Case No. 79CW097 in the District Court in and for Water Division No. 5. B. Ruedi Reservoir. By contract dated September 30, 1999, up to 0.1 acre feet of water has been secured by the Applicants from the Basalt Water Conservancy District's water allotment contract with the Bureau of Reclamation for Ruedi Reservoir water. Ruedi Reservoir is an on -channel reservoir located in the NWY4NEY4of Section 18, Township Case No. 99CW 198 Applicant: Roger and Amelia Eshelman Findings of Fact, Ruling of Referee, and Judgment and Decree of Water Court • D:\Wp-doc\Eshelman\decree 5-8-00.wpd Page 4 8 South, Range 84 West of the 6th P.M., in Eagle and Pitkin Counties. Ruedi Reservoir was originally decreed for 140,697.3 acre feet in Civil Action No. 4613, Garfield County District Court on June 20, 1958, with an appropriation date of July 29, 1957, for hydro -electric power generation, irrigation, municipal, domestic, industrial, piscatorial and stock watering uses. • Subsequently, in Case No. W-789-76, Water Division No. 5, the amount of water decreed to Ruedi Reservoir was reduced from 140,697.3 acre feet to 102,369 acre feet. 13. Statement of plan for augmentation: A. Water will be diverted from the Eshelman Well No. 1, as an alternate point of diversion for the Basalt Conduit, on a year-round basis for domestic use for three single- family dwellings on a single residential site. During the months of May through October, inclusive ("the irrigation season"), water will also be diverted under these rights for irrigation of up to 4,500 square feet of lawn and landscape irrigation. Water will also be diverted for watering of six head of stock. B. This plan is based upon the assumption that each single-family home is estimated to require an average of 350 gallons/day ("GPD"), based upon 3.5 persons using 100 GPD each. Depletions are estimated to be 15% of diversions; waste water treatment will be by a septic tank/leach field system. Livestock water demand is estimated to be 11 GPD per head, or 66 GPD total for six horses, and is considered to be 100% consumptive. The irrigation demand is 2.33 acre feet per acre, based upon the Blaney-Criddle methodology, assuming an 80% irrigation efficiency. Irrigation depletions are assumed to be 1.87 acre feet per acre. C. The projected diversion requirements for these augmented uses are 1.56 acre feet annually, with a projected annual consumptive use of 0.461 acre feet. Exhibit A hereto is a table summarizing the contemplated monthly diversion and depletion amounts. The Eshelman Well No. 1 meas the criteria of well group D of the BWCD delayed depletion categories, as decreed in Case No. 87CW155, Water Division No. 5. Exhibit B hereto depicts the monthly depletion and delayed return flow factors for well group D. A projected augmentation schedule taking delayed depletions into account is Exhibit C hereto. The projected augmentation requirement from the CLDC water is 0225 acre feet annually, and the projected requirement for releases from Ruedi Reservoir is 0.038 acre feet annually. Consistent with prior BWCD decrees, Applicants have anticipated that a call against the Basalt Conduit during the non -irrigation season would occur only in the month of April. Case No. 99CW198 Applicant: Roger and Amelia Eshelman Findings of Fact, Ruling of Referee, and Judgment and Decree of Water Court D:\Wp-doc\Eshelman\decree 5-8-00.wpd Page 5 • • D. The above-described augmentation plan is sufficient to allow uninterrupted diversions from the well, and prevent injury to other vested and decreed conditional water rights. II. CONCLUSIONS OF LAW 1. The foregoing findings of fact are fully incorporated herein. 2. Notice of the Amended Application was properly given. The Court has jurisdiction over the Amended Application and over all persons or entities who had standing to appear, even though they did not do so. 3. The Amended Application is complete, covering all applicable matters required pursuant to the Water Right Determination and Administration Act of 1969, C.R.S. §§ 37-92- 101 through -602. 4. The Court has given due consideration to the Division Engineer's Summary of Consultation dated January 25, 2000. See C.R.S. §37-92-302(4). 5. Applicants have fulfilled all legal requirements for a decree for the requested change of water right including C.R.S. §§ 37-92-302 and 37-92-305. 6. Applicants have fulfilled all legal requirements for a decree for the requested plan for augmentation including C.R.S. §§ 37-92-302 and 37-92-305. 7. The change of water right described herein will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. 8. If operated in accordance with the terms and conditions of this decree, the plan for augmentation described herein will prevent injury to senior vested or decreed conditional water rights. 9. The subject Amended Application is in accordance with Colorado law. Applicants have fulfilled all legal requirements for entry of a decree in this case. Case No. 99CW198 Applicant: Roger and Amelia Eshelman Findings of Fact, Ruling of Referee, and Judgment and Decree of Water Court D:\Wp-doc\Eshelman\decree 5-8-00.wpd Page 6 • III. JUDGMENT AND DECREE 1. The foregoing findings of fact and conclusions of lav are incorporated herein. 2. The Court hereby orders the State Engineer to issue any required well permits for the wells described in paragraph I.6., above, upon application to the State Engineer. 3. The Court hereby confirms and decrees the change of water right for the Eshelman Well No. 1, as described herein. 4. The Court hereby decrees and approves the plan for augmentation described herein. 5. The Applicants shall install measuring devices, provide accounting, and supply calculations regarding the timing of depletions as required by the Division Engineer for the operation of this plan. The Applicant shall also file an annual report with the Division Engineer by November 15th following each irrigation year (November 1 through October 31) summarizing diversions and replacements made under this plan. 6. Prior to an subdivision of the subject property, the Applicants shall establish a homeowners association, which shall be responsible for ensuring that the terms and conditions of this decree are met. 7. In consideration of the specific findings and conclusions made herein, and in conformance with C.R.S. § 37-92-304(6) (1990), as amended, the change of water right and plan for augmentation decreed herein shall be subject to reconsideration by the Water Judge on the question of injury to the vested water rights of others for a period of five years after the augmentation plan becomes operational. If no petition for reconsideration is filed within said five years, retention of jurisdiction for this purpose shall automatically expire. Any party who wants the Court to reconsider the question of injury must file a verified petition with the Court, setting forth the facts that cause such injury and explaining the claimed injury. The party filing the petition shall have the burden of proof to establish the facts and the injury alleged in the petition. 8. In conformance with Colo. Rev. Stat. § 37-92-305(8), the State Engineer shall curtail all out -of -priority diversions, the depletions from which are not so replaced as to prevent injury. Further, the Applicants and their assigns understand that the Ruedi Reservoir replacement water is a lease supply, and if such lease should expire, fail to be Case No. 99CW198 Applicant: Roger and Amelia Eshelman Findings of Fact, Ruling of Referee, and Judgment and Decree of Water Court D:\Wp-doc\Eshelman\decree 5-8-00.wpd Page 7 • • renewed, is terminated, or an alternative source of water is not included in thi"s de'cfe'e by proper amendment prior to such expiration, curtailment of all out -of -priority diversions will occur. 9. Review of determinations made by the Division Engineer or the State Engineer in administration of the change of water and plan for augmentation is a "water matter" which the Water Court may review de novo and over which the Water Court has exclusive jurisdiction. It is accordingly ordered that this ruling of Referee and judgment and decree shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to C.R.S. § 37-92-304, as amended. It is further ordered that a copy of this ruling of Referee and judgment and decree shall be filed with the State Engineer and the Division Engineer for Water Division No. 5. Done at the City of Glenwood Springs, Colorado, this ,, Lday of 2000. Copy of the foregoin mailed to all Counsel of record- Wate/ Referee, ---Div. E neer- -an State Engineer -Date sf Oe(ly th tY Wovi mN- No. 5 Heisel BY THE REFEREE: - Referee Daniel B. Petre, Water Water Division No. 5 State of Colorado No protest was filed in this matter. The foregoing Ruling of the Referee is confirmed and approved, and is made the Judgment and Decree of this Court. Done this %j, day of — , 2000. Copy of the forego)fl mailed to all 17/ Counsel of record ---Water/ Referee, ---Div. ENineer , State Engineer Date (�/ 6 Ot¢:( Cie•4. W4..rf w. ri a.b Heisel BY THE COURT: Thomas W. Ossola, Water Judge Case No. 99CW198 Applicant: Roger and Amelia Eshelman Findings of Fact, Ruling of Referee, and Judgment and Decree of Water Court D:\Wp-doc\Eshelman\decree 5-8-00.wpd Page 8 • .dater User : Analysis Date District Area: Source Series: Maximum Demand: Month January February March April May June July August September October November December ESHELMAN SEPTEMBER 3, 1999 A 1 (GPM) (CFS) 15 0.033 • BASALT WATER CONSERVANCY DISTRICT WATER REQUIREMENTS (acre feet) Total Demand (1) (2) (3) (4) (5) (6)' Domestic Commercial Lawn Crop In-house or Other Irrigation Irrigation Livestock TOTAL 0.100 0.000 0.000 0.000 0.006 0.111 0.090 0.000 0.000 0.000 0.006 0.101 0.100 0.000 0.000 0.000 0.006 0.111 0.097 0.000 0.003 0.000 0.006 0.111 0.100 0.000 0.045 0.000 0.006 0.159 0.097 0.000 0.060 0.000 0.006 0.171 0,100 0.000 0.056 0.000 0.006 0.170 0.100 0.000 0.035 0.000 0.006 0.148 0.097 0.000 0.030 0.000 0.006 0.139 0.100 0.000 0.007 0.000 0.006 0.118 0.097 0.000 0.000 0.000 0.006 0.108 0.100 0.000 0.000 0.000 0.006 0.111 TOTALS -> 1.176 0.000 0.236 0.000 0.074 1.560 (1) NUMBER OF RESIDENCES 3 # persons/residence 3.5 # gallons/person/day 100 (2) CommerciaVOther Demand (af) 0.000 POND EVAP. (3) Sq. Ft. of Lawn Irrigated 4500 Lawn Application Rate (af/ac) 2.263 (4) • Acres of Crop Irrigated 0.00 Crop Application Rate (af/ac) 0.000 Consumptive Use (7) (8) (9) (10) (11) Domestic Commercial Lawn Crop In-house or Other Irrigation Irrigation (12)' (13) Source of Livestock TOTAL Aug/Replace 0.015 0.000 0.000 0.000 0.006 0.022 0.014 0.000 0.000 0.000 0.006 0.020 0.015 0.000 0.000 0.000 0.006 0.022 0.014 0.000 0.002 0.000 0.006 0.024 0.015 0.000 0.036 0.000 0.006 0.060 0.014 0.000 0.048 0.000 0.006 0.072 0.015 0.000 0.045 0.000 0.006 0.069 0.015 0.000 0.028 0.000 0.006 0.052 0.014 0.000 0.024 0.000 0.006 0.047 0.015 0.000 0.005 0.000 0.006 0.028 0.014 0.000 0.000 0.000 0.006 0.022 0.015 0.000 0.000 0.000 0.006 0.022 0.176 0.000 0.189 0.000 0.074 0.461 RESOURCE ENGINEERING. INC. 033-7 0 RUE RUE RUE RUE CLDC CLDC CLDC CLDC CLDC CLDC RUE RUE (5) # of Livestock @ 11 gals/day (7) % CU for Domestic/Commercial (9) % Lawn Irrig. Efficiency Consumption of Irrig. (af/ac) (10) % Crop Irrig. Efficiency Consumption of Irrig. (af/ac) •(9-10) Elevation (feet) '(6) (12) Total Includes 5% Transit Loss 5 15 80 1.810 60 0.000 7200 • • • BASALT WATER CONSERVANCY DISTRICT TROY AND EDITH DITCH AUGMENTATION PLAN MONTHLY DEPLETION AND DELAYED RETURN FLOW FACTORS From BWCD Augpmentation Plan - Case No. 87CW155. 2-1 6t&e_033 EXHIBIT B zettaismormtve RESOURCE •MMMM _ , G E e n �. .' C MONTH WELL GROUP A B C D E F November 0.058 0.089 0.072 0.087 0.082 0.086 December 0.057 0.086 0.063 0.088 0.083 0.082 January 0.057 0.082 0.059 0.085 0.083 0.079 February 0.057 0.080 0.057 0.084 0.084 0.077 March 0.057 0.077 0.056 0.083 0.084 0.075 April 0.062 0.076 0.061 0.082 0.084 0.074 May 0.108 0.076 0.085 0.081 0.084 0.076 June 0.134 0.080 0.112 0.080 0.084 0.082 July 0.132 0.085 0.123 0.081 0.083 0.090 August 0.108 0.089 0.116 0.081 0.083 0.094 Septernber 0.100 0.090 0.106 0.083 0.083 0.094 October 0.070 0.090 0.090 0.085 0.083 0.091 Total 1 .000 1 .000 1.000 1 .000 1 .000 1 .000 From BWCD Augpmentation Plan - Case No. 87CW155. 2-1 6t&e_033 EXHIBIT B zettaismormtve RESOURCE •MMMM _ , G E e n �. .' C August 3, 2010 Roger Eshelman 7378 County Road 100 Carbondale, Co. 81623 ATTN: Roger The following is an overview of your well and pumping system that serves the present 2 houses at 7378 County Road 100. On 6/24/08 a new well pump was installed in the well and a 4 hr. pump test was conducted. The pumping level in the well stabilized at 187'- 10" after two hours of pumping & recovered back to within 1/2" of full recovery within 5 min. This would indicate a total production greater than 20 gpm. A direct pumping system requires 5 gpm per residence so this system could supply 3 houses. The proposed system for the Lot 1 new house would be to deliver water through a 1" line approx 500' with a rise in elevation of 45' to a underground 2000 gal. poly storage tank. A 5 gpm flow restrictor would prevent overtaxing the existing system and a Bob floated would control the filling of the tank. A fire draft line would be installed in the storage tank for fire protection. A booster pump in the storage than would deliver water to the house. If you have any questions please call me, Raun Samuelson at (970) 945-6309. Sincerely; J�A AG Raun E Samuelson Samuelson Pump Co. P.O. Box 297 • Glenwood Springs, CO 81602 • (970) 945-6309 • Fax (970) 947-9448 . bl �.: .' �/...�t..1 ....... .J_v.-�� Jt1.h} .Yf(n1i', -_3