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HomeMy WebLinkAbout1.0 Correspondence - Water & Sewer InfoRB WATER & SEWER COMPANY P"O, Box 1959 Glenwood Springs, Colorado I 1. 602. I 989 (970) 984.3421 Water Clerk 109 Bth Street, Suite 104 Glenwood Springs, Colorado 81601 RE: 96CW73 Dear Water Clerk, This letter is to notify you of the change of ownership of the above referenced water rights. The new owner is Riverbend 'Water & Sewer Company,9433 335 Road, New Castle, Colorado. Please feel free to contact me if you have any questions. Sincerely, Diane R. Boat President [JII-I, OIT SAL,Li KNOW ALt. MEN BY T'I'IESB PRESIINI'S. that Rll WA l'l.ll( (t SIiWt:ll ('Ol\,'ll)AN\". a colorado corporatic'rn, clf the county of ciarfleld, State ol'(lolorado. ("Scllcr'"1. rbr ancl in oonsirJeratit-,n of'J'en Dollars and other good and valuable consideration, in hand paicl, a1 or be:ftrre the ensealing or delivery of'these presents by RIVERBEND WATER & SEWIIR COMI)ANY. a C6lorado cor'po;21{iq111. tlf'tire'('ttuntY of Garfleld, State of Colorado, ("Buyer"), the receipt of ,,vhich is lrereby,ackno'"l,leclqed, has bargained and sold, and by these presents does grant and convey unto the said llLryer. their personal rept'esetltatives, successors and assigns, the followinu property, gctocls and chattels, to wit Pttmp, pumphourse, chlorinator, water storage tanks, electrical control panels, lines ancl sw.itches" rvater lines and valves, fences, signage and all equiprnenl used irr the clpcration ol-thcr n,alcr .iriii tvaste water systems at Riverbend Subdivision, near Nerv Castle, C6lorad6. 'IO HAVE AND TO HOLD the same untcl the said Buyer, their persorral representatives, successors and assigns, fbrever. The said Seller covenants and agrees to and with the Buyer, their' 1,ret'sortal representatives, successors ancl assigns, to WAI{I{ANI'AND DB}iBNl) the sale ol'saicl propert\r. goods and chattels, against all and every person or pel'sons whqrncver, When usecl hereirr. tlre singular shall include the plural, the plural the singular and the use of any gender shall be applicable tg all gender"s IN WII'NESS WI-IEREOF, the Seller has executed this Ilill of Sale this dal,ol t997 I{B WATIII{ & SEWlltt CON4PANY. a Coloraclo cory>oratiorr By: Diane lt tloat, Presiclcnt sTAl'E Oli croLottADo ) )ss COIiN'fY O}T GARFIEI-D ) T'he fbregoing instruntent was acknowledged before me this day of _ ______, 1q97. Diane li.. Boat as President of RB Water & Sewer Cornpany., a Colorado corporaticlrl WITNESS my hand and official seal. N,1y cornrnission exltires: Notary Publi<: QLJI'| Cl-AIM t)riBt) RB WATER & SEWER COMPANY, a Coloraclo cor'poration, tlrantor, w'hose adclress is P o Box lt)S9,GlenrvoodSprings,ColoradoSl602,ftlrconsiderati()nof'I'enDollarsancl othergoocl itntl valuablc consicleration. in hand paid, hereb),sell ancl quit clairrr to RIVlllillLlND VVA'l'tlF. & SI.1\\'lili COVII)ANY. a Colorado C)orporation, Grantee, whose addr'ess is 9.13.i 335 l(oad. l',Jcrv Castle, ('t'loratio 8i647. in the iollowing real property in the Counly of Garfielcl ancl State o1''C)oloraclo, to rvit All rvater and rvater rights, well and well rights owned by (irarrtor in ancl adjaccnt to 1he l{ivcrbc:rtci Subdivision, including, without lirnitation, the right to nralie an annual consurriptivr: irse nl'not rnoi'e tlrar, twenty-five (25) acre feet of water per year- representins 25114(\ of'the anrorint ol rvater tribirtarv to tiri: Colorado ltiver whioh was found by District Court, Water Division No. 5. to have been consrrnrl)ti',,jl,,, used in the exercise of the water rights decreed to VtJt,C'AN DI'ICFI. Can,von Creek. with six (6)acrr: fbet thereof'ltairing been c',onsumed in the exorcise of the \/Ul-CAN DI'l'Ct'l ll.lGf tT w'ith rJate oi' appropriation of April I ,lr907, Priority No. 175, in previous Water District No 39, ancl lorlr (4.1 acrc ter thereof having been consumed in the exercise of the water right decreeci io the liirst llnlarsenrent o1-the VUI-CAN DITC'I{ r.vith date of appropriation of October 8, 1942, in thr, Priority of 242 in lrrclrr,rris Water District No. 39, as sinrilt'rrly described as follclws: Vulcan Ditch, Basin Rank No, 1473 in October 10, 1973, Revised I'riority l,ist tor Water Divisit.rn 5. Priority No. 175, Ditch No. 106 in District No. 39, lor 6.0 c.l.s., appropriation date Aprii tr. 190'/. adjudicated by Decree of the District flourt in and fcrr Garfield Clounty. cnterc(l Selrtern[:er 14, l9(.)8 Vulcau Ditch ljirst Enlargernent. tsasin Ranl< No. 3729it-r October l(), I973, Revised I)rioritv List I.or' Watcr Dir,'ision 5, Priority No. 242, being Ditclr No. 106 in Distriot No 19, for'4 0 c: l s. a1-rpro1;r'iatio:r datc October 8, 1942, acljudicated by Decree oflthe Distrir:t Cour.t in auci lor Garfielcl (-louriil'. entcrc{i AND tal<ing such water fi'om one or ntore of tlre lollclrvinq lvells RineLbend-\l1dl-No-L: ;\tapointrvhenoetltcsoLrthlvesiConrerolset:tion.i5,'['ou,nstrilr5Soutir. ltange c)0 West of the 6th P N4. bears South 0f30'West 2,680 f'eet. tlrnerb,ild-Wcll No. 2. At a point r.r'ltence the Sor.rthrvest Corncr r-rf Sec.rion -15. Range 90 \Arest of the 6th P.M., bears South 10u30'West 2,600 feet. RlvsrLe-ndl&ellNo- 3. At a point whence the Southwest Corner of Seotion 35, Range 90 West of the 6th P.M., bears Soutlt I8"00'West 2,6l0lbet. &iverbed-\UellNo- ,t: At a point whence the Southrvest Corner of Section 35, Range t)0 West of the 6th P.N.{, bears South 26o00' West 2,5!)0 fbet. RitsrbendlUeill{oJ.: At a point whence the Southu,est Corner of Section .l5. llange !)0 West of the 6th P.lV[., bears Sourth J4"30'\{iest 2.675 i.errt 'l'orvnsirip 5 South. '['ovr,nsliil; 5 South, 'forvnslrip 5 Soutlr" 'f ilwnslrip 5 South. r.vith all iis appurtenances SI(iNBl) tlris day of __. l9L)7 RB WA.I.ER & SEWE,I( T]O]VIPr\NY- a (loloraclo Clorporatiorr By, I)iane l{ Boai- Presidcnt S1'AI'E OII COLCRADO COUN't'Y OF CiARFIELD 't'he fbregoing instrunrent was acknowledged before rne this Diane R. Boat as President of RB Water & Server C)ornpan1, dayof_ ,199'7 Vly conrnrissions exltircs, by WITNITSS rrry hand and oflicial seral Notary Publie: , SPECIA[, WAIT[{AN'f Y DEI]t) TI{IS DEED, rnadethis ____, ciay'of ___ ,-._, l9!)7, betwcen I{lJ WAl'tiR& Sfj\\'trl{ CON'IPANY, a Clolorado corporation, whclse address is P.O. t]ox 1989, Glenwood Springs, fiolclradcr 8 t602, "Cirantor", and RIVERLIEI{D WATER & SEWF)( COMI'ANY, zr (lolorado corpolation, rvhose address is 9433 335 Road, New Castle, Colorado 81647. "Grantee ". Wtl'NESSE'I'H, T'hat the grarrtor, Ibr and in consideration oi'1'lrrN DOL.t-AIl.S the r-eccipt and sulliciencr of lvhich is hereby acknorvledgeci, has grantcd, bargairrecl, solcl and conveyed, and br,'these prcsents rities grant. bargain. sell, conr,ey and confirrn. unto the qrantee, all the real prtrpert),, togertlrer r,i'itlr irnprovemenls, iI'any, situate, lying and being in the Countv o1'(iarlleld. State of (lolorado clesciitrcti as lblkrw's A parcel of land situated in the NE l/4 SW I14 and the NW l/4 SII l/4 oi'Section.i4, l-ownship 5 South. Range 90 West of the 6th Principal N{eridian in the (lount1, o{'Garfield, State of Colorado. Said parcel is trtore particularly described as fbllorvs: Beginning at a point on the rrurtlrlvesterly right o1'wa1, ol(lountv Road No. 335 fionr which the Sr.rLrtheast Clorncr of said Section 34 []ciir.s S 62 02'5(r" ll 3-i57 89 lcct distant,thenceleavingsaidrightofwayN.24 09'39"W.601 l7f'eettt.ithetrueprointol'beginninq. thence N. 24 0!)'39" W. 316.49 feet to a point in the f'olorado l{ivcr. t}rcncrcr N 72 5.i'05" l'. 11S().15 feer along said river. thence leaving said river S 36 2l'29" Ll 25(t 1l lcc:1; thence S C',5 li'()(,)" 11 539 8cr ll:c:t to the trute poittt of beginning Said parcel contains 144,65!) srluare {bert rtr 3 321 acres. l1)orc or'!crss l'OGIl.fHEId WITI{ the access and utility easenrents as rnore specifically described and set lbrth in the deed to C)Lrnninghant Construction and l)evelopment Co recorded N4ay 28, 1980, in Book 549 at Pase 172 as I{eoeptiorr No 304197 with all its appurtenances and n,arrants the title to sanre sLrbjcct to generzrl property taxes of a current nature; building and zoning regulatiorrs, riglrt of the propriclor oi'vcin or lode to extraot and relnor,'e his ore there{tont, should the sarne be lbuncl to penetrate or inti:r'scct tlrc prrcnril;e,r hereby sranted, as reserved in tJnited States patent recorcied May 20. I 892, in Lrooii l.l ai llauc r 50 as Iteception No. 11992 (L l12, SW l/4, W l12 SB l/4, Section 34), right of thc plopriet.or of'a vein oi lotlc to extract and remove his ore therefi'orn, should the saure be lbund to penetl'ate or intcrscct the pleurises hereby granted, as reserued in lJnited State Patent recorded April 5, I 923, in Book 73 at Page I 54 as I{eception No. 82344 (SE 1/4 SE l/4, Section 34); right of the proprietor of a vein or lode to exlracrt anti rerllove ltis ore therefi'oin, should the same be found to penetrate or intersect the prenrises herebt, granted, as reserved in IJnited States Patent recorded May 20, 1892, in Uook I 2 at Page I 55 as Reception No. I3991 (NE l/4 SE l/4, Secticln 34, and W l12 SW l/4, Section 35), easenrent anrl risht of' way ft'rr electric transmission lines, as granted tcl the Pr"rblic Servicc ('orrrpanl, ol'(]olorado bt (' \\t Dart'ow and C.C. Parks in the irrstrunrent recorded l;ebrLrary 13, l9(r7, in Bool< 382 at pagc: 170 as Reception No 237076 affecting the S l/2, Section 34, riulrt of way lclr ditclres or canals constr.uclc:ci b1, the aLrthority of,the lJnited States as reserved in United States Patent recordcd April -5. 192], in t]ook 7.1 at Page 154 as ReceptionNo. 82344 (SE l14 SE l/4, Section 34); resen,ation in Patent recorded April 5, 1923, in Bool< 73 at Page 154 as Reception No. 82344 states as 1'ollorvs: "Reserving, however. to tlrt: United States, all coal in the lands so entered, and to it or lierson aullrorized by it, the right to prospect ibr, rttirte atrd retlove coal fl'om the same Llporl cornpliance r,r'ith the cclnditions nf and sub-iect to thc: lirnitations of the Act of march.1, i909 (35 Star. 844XSB l/4 SE l/4, Section 34); easenrenr and riElrl ot' way {br cattle cirive as granted to Frank Delaney by Daryl G Itichardson and Winilied l\icharclson in thc ittstruinent recorded fiebntary 24,1966, in l]ook 374 al Page 269 as l{cccption No. l-l-lti(.)6. trlscrncnr and right olr.r'ay fcrr electrical transmission line as grantecl to T'he Pubtic Servioe Conipanl,o['(]riloraclo by Daryi G Iiiclrardson anci Winifred C. i{ichai'dson. ii'i the instr,;n:ent rccorrJed ALigLrst 18, l()72. iir Flook 4-14 at page 342 as Reception No 254937, ailecting property in Stj li4 of Section 34 and S\\i l/,+ of Section 35; terrns, conditions, obligations and restrictitins as cclrrtained in Protective Covenants recorded November 26, 1979, in Book 539 at Page 985 as Reception No. 299714; restrictions anci easel)lents as shown on the Recclrded Plat of Arnended Riverbend Subdivisiorr Filing No. 2, recordcii November 26. 1979, as Reception No. 299710; undivided one-halfintercst in all oil, gas ancl orher' mineral rights as reseryed by Lloyd W. Tuttle, Earl J. l'uttle, N,lct.loycl T'trtrle and lVayne l( 'l'Lrttle irr tht, deed recorded September23,1955, in Bocik 287 at Page 435 as l{eception No. 191504 and anl,and all assignnlents thereof or interest therein (S 112, Section 34); easernent ancl riglrt of way for public acccss as stated in Agreentent between Daryl Richardson and the Gante and Ilish Commissicln dateci N4a1. 15. I963,recordecl .lune26, 1963,inBook35IatPage2IIasI(eceptionNo 221968,all oil.gasanci othcr rninerals as reserved by Flarrrilton R Duncan, Jr. in the deed to Cunningham ConstrLlction and Develcrprnent Co. reoorded Ma1,23, 1980 in Bool< 549 at Page ll2 as Recepticln No 304197 and anr, and all assignrltents thereof or interests therein; and terms, conclitions ancl effect of the Stipulatiop in (tase No 8lCV239 (.Riverbend l]onteowners Associaticln, I']laintifl, and Cunninsharn Construction ancl I Developnrent Co., Defendants) recorded January 12, l!)90, in Book -111 at l)agie 46 as l{eoeption Ntr 409097, easement for the purpose of ingress and egress as granted to RB Water & Ser,r'er Cclrnparry Lr1, Delbert L. Moore and May E. Moore in the instrument recordccl January 24. 1995. in llook 92() at l)age 557 as lleception No. 473667; easernent fcrr the purpose of ingress ancl egress as grantcd to Rtl Water & Sewer Company by RB Homes, Inc. in the instrument recorded f)ecenrber 20. 1994,in Book 92(i at Page 106 as Reception Ncl. 472353;easernents and restrictions as shclrvn on the Recorded Final Plat ol' Riverbend P.LI.D. Filing Nc'r. 5, recorded _. 1q97, in Book at Page as }{eception No. ___ _*__,;terms conditions, obligations and restrictions as contained in the Declaration ol' Prcrtectirze C--ovenants forRiverbend P.[.] D F'iling No 5 r'ecordcd .19()'1. in Bool< Page as Reception No TOGETHER with all and sirrgular the hereditaments and applrrtenanccs thercto lrerlonging, or in anvu'isr: apper-taining, and tl:e reversion and reversions, remainder and rernairrders, rcnts, issucs ancl profits thereof; and all the estate, right, title interest, claim and demand whatsoever of the grantor. either in larv or equity. of, in and to the above bargained prernises, rvith the hereditarnents and appurtenanoes. TO t-IAVE AND TO HOLD the said premises above bargained anci described with thc appLrrtenances, unto the grantees, their heirs and assigns forever, The grantor, fi:r'itsell. its stiocessors ancl assilyrs. docs covenant and agree that it shall and will \\tARRANI'AND ITOREVEI{ DEFEN[) the above-barqairrecl premises in the quiet arrd peaceable possession of thegrantees. their heirs and assigns, agairrst all and every person or persons claiming the r.vhole or any part thereol, by thrclugh or unc'ler the grantor' (tt IN WlTNESS WHEI{EOP, Presirlent. and its corporate abol,e rvritten A'I'TESl': the grantor has caused its corporato nanre to be hereunto suLrscribed b-v rts seal to be hereunto afllxed, attested by its Secretary, the da1, n,.,,1 year first l{ll WA'|ER & Str\\/ER COI,'{PANY, a Colorado Cclrporatiun uY Steven J Boat, Secretary S]'A'|E OF COLORADO COUN'IY OF GARFTELD Dianc I{ Bclat, I)rcsident The foregoing instrument was acknowledged before Lne this day o1' 1997. by Diane R. Boat, President and Steven.l Boat. Secretary of t1B Water & Sewer Conrpanr WII'NESS nry hand and ofticial seal My cortrmission expires Notary Public ) ) ) BYLAWS OF THE RIVERBEND WATER AND SEWER COMPANY, INC. ARTIGLE I. OFFICES The principal office of the Corporation shall be at 0225 Glen Eagle Circle, New Castle, Colorado. The Corporation may also have one (1) or more office at such other place or places within or without the State of Colorado as the Board of Directors may from time to time determine or the business of the Corporation may require. ARTICLE II. MEMBERS' MEETINGS A. Meetings of members shall be held at the principal office of the Corporation or at such other place or places, within or without the State of Colorado, as may be from time to time determined by the Board of Directors. The place at which such meetings shall be held shall be stated in the notice of the meetings. B. The annual meetings of members, after the year L99-, for the election of directors to succeed those whose terms expire and for the transaction of such other business as may come before the meeting shall be held in each year on the second Saturday in February. If the day so fixed for such annual meeting shall be a legal holiday, then such meeting shall be held on the next succeeding business d^y. C. Special meetings of members for any purpose or purposes may be called at any time by the Board of Directors and shall be called by the chairman of the Board of Directors or the secretary upon the request of the holders of not less than one-half (t/z) of the total members' vore in the Corporation entitled to vote at the meeting. The pulposes of such specid meeting shall be stated in the notice therefor. D. Notice of each meeting of members, whether annual or special, shall be given, not less than ten (10) days nor more than fifty (50) days prior thereto, to each member of record entitled to vore thereat by mailing regular, United States Mail, postage prepaid, addressed to each member as the member's name aPpears upon the books of the Corporation. The notice of all meetings shall state the place, day and hour thereof. E. At least ten (10) days before every meeting of members a complete list of members entitled to vote thereat, arranged in alphabetical order, showing the address of each member and the number of votes to which each is entitled, shall be prepared by the secretary of the Corporation and shall be open to the inspection of arry member during usual business hours for a period of at least ten (10) days prior to such meeting at the principal office of the Corporation. Such list shall be produced and kept at the time and place of the meeting during the whole time thereof and shall be subject to the inspection of any member who is present. F. Members of this Corporation shall have the right to vote the election of the directors of the Corporation and upon all other matters properly brought to a vote of the members by virtue of the Articles of Incorporation, the Bylaws of the Corporation or the laws of Colorado. G. Each member shall have one (1) vote for each lot owned. If fee simple title is held by more than one (1) person or entity, the owners shall determine how the one (1) vote attributable to that lot shall be cast. H.The cumulative system of voting shall not be used for any purpose. Each member shall be entitled to vote in person or by proxy executed in writing by such member or by his duly authorized afrorrley in fact; provided, however, that no such proxy shall be valid after eleven (11) months from the date of its execution, unless the proxy provides for a longer period. '$7hen a quonrm is present at ^nymeeting, the vote of a majority of the members' votes present in person or represented by proxy shall decide any question brought before such meeting, unless the question is one upon which, by the express provisions of the laws of Colorado, the Ardcles of Incorporation, or the Protective Covenants for the subdivision, a different vote is required, in which case the express provisions shall govern and control the decision of such question. I. The Board of Directors shall close the membership transfer books of the Corporation for a period of not less than ten (10) days nor rnore than fifty (50) days preceding the date of any meeting of members. J. The holders of a majoriry of the total members' votes entitled to vote thereat, present in person or represented by proxy, shall be requisite to and shall constitute a quonrm at all meetings of members for the transaction of business, except as otherwise expressly provided by law or by the Articles of Incorporation. If such quonrm shall not be present or represented at any such meeting, the holders of a mqority of the votes present in person or represented by proxy and entitled to vote thereat shall have power to adjourn the meeting from time to time until a quorum shall be present or represented. K. The charrman of the Board of Directors shall call meetings of members to order and act as chairman of such meetings. In the absence of said officer, any member entitled to vote thereat, or arly proxy of any such memb er, may call the meeting to order and a chairman shall be elected. The secretary of the Corporation shall act as secretary of such meetings. A. B. ARTICLE III. DIRECTORS The number of the directors of the Board of Directors shall be five (5). After each annual election of directors, the Board of Directors shall meet for the purpose ol organization, the election of officers and the transaction of any other business. ByTaws Riverbend Water and Sewer Company Page 2 C. Regular meetings of the Board of Directors may be held without notice at such time and place as shall from time to time be determined by the Board. D.Special meetings of the Board of Directors may be called by the chairman of the Board of Directors on five (S) days' notice to each director, either personally, by mail or by telegram, and shall be called by the chairman of the Board of Directors or secretary in like manner and on like notice on the written request of any two (2) directors. E. Meetings, including organizational meetings, of the Board of Directors may be held at such place or places either within or without the State of Colorado as shall from time to time be determined by the Board, or as shall be fixed by the Chairman of the Board of Directors and designated in the notice of the meeting. F. Actions taken by the Board of Directors without a meeting and attendance at meetings by telephone or similar communication equipment shall be authorized as provided in C.R.S.7-5-108. G.A majoriry of the number of directors shall constitute a quorum at all meetings of the Board of Directors, and the act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. In the absence of a quorum at eny meeting, a malority of the directors present may adjourn the meeting to a later day and hour without further notice. H. Directors shall be paid no compensation by the Corporation for their services. All directors may be allowed expenses incurred for attendance at each regular or special meeting of the Board as may be from time to time fixed by resolution of the Board. Nothing herein contained shall be construed to preclude any director from serving the Corporation in any other capacity and receiving compensation therefor. ARTICLE IV. OFFICERS A. The Board of Directors annually shall elect a president of the Board of Directors, a secretary and a ffeasurer. The Board may also elect or appoint such other officers as may be determined by the Board. Every officer so elected or appointed shall continue in office until his successor shall be elected or appointed and shdl qualify, unless sooner removed. Any individual, except the president of the Board of Directors, may hold two (2) or more offices simultaneously. Any officer elected or appointed by the Board of Directors may be removed at ^ny time by an affirmative vote of a majority of the whole Board of Directors. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. B. The president of the Board of Directors shall be the chief executive officer of the Corporation. He shall preside at all meetings of the members and directors, shall have general and active management of the operation of the Corporation, and shall see that all orders and resolutions of the Board of Directors are carried into effect. ByJaws Riverbend Water and Sewer Company Page 3 C. The secretary shall give, or cause to be given, notice of all meetings of the members and directors and shall attend all such meetings and keep a record of their proceedings. The secretary shdl be the custodian of the sed of the Corporation and shall have power to affix the same to all documents, the execution of which on behalf of the Corporation is authorized by these Bylaws, by the Articles of Incorporation, or by the Board of Directors. The secretary shall have charge of membership records of the Corporation and shall in general perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to the secretary by the Board of Directors or the chairman of the Board of Directors. D.The treasurer shall have charge and custody of and be responsible for all funds and securities of the Corporation and shall deposit all such funds in the name of the Corporation in such banks or other depositories as shall be selected by the Board of Directors. The treasurer shall collect and receive and give receipts for all monies or securities belonging to the Corporation. In general, the ffeasurer shall perform all the duties incident to the office of treasurer and such other duties as from time to time may be assigned to the treasurer by the Board of Directors or by the chairman of the Board of Directors. ARTICLE V. INDEMNIFICATION The Corporation shall indemnify any and all of its directors or officers, or former directors or officers, against expenses actually incurred by them in connection with the defense of any action, suit or proceeding in which they or any of them are made parties or party by reason of being or having been directors or officers or a director or officer of the Corporation, except in relation to matters as to which any such director or officer, or former director or officer, shall be adjudged in such action, suit or proceeding to be liable for gross negligence or misconduct in the performance of duty. Such indemnification shall not be deemed exclusive of any other rights to which those indemnified may be entitled under any bylaw, agreement, vote of members or otherwise. ARTICLE VI. AMENDMENTS This Corporation reserves the right to amend, alter, change or repeal any provisions contained in, or to add any provisions to, its Articles of Incorporation or its Bylaws from time to time by resolution adopted et any regular or special meeting by three-founhs (3/ath$ of the votes of all of the members entitled to be cast thereat, whether present in person or represented by proxy or absent. Bylaws Riverbend Water and Sewer Company Page 4 Attest: ADOPTED by the Board of Directors of the Riverbend'Water and Sewer Company Inc. President Secretary ByTaws Riverbend Water and Sewer Company Page 5 ARTICLES OF INCORPORATION OF THE RIVERBEND WATER AND SEWER CO.,INC.. (a Colorado not-for profit corporation) KNOW ALL MEN BY TI{ESE PRESENTS that the undersigned natural person, more than 18 years ofage, acting as an incorporator in order to organize and establish a corporation not for profit under and pursuant to the statutes of the State of Colorado, does hereby adopt the following Articles of Incorporation, to-wit: ARTICLE I. NAME The name of the Corporation is the Riverbend Water and Sewer Co. Inc. ARTICLE II. DURATION The period of duration of the Corporation shall be perpetual. ARTICLE III. PURPOSES, POWERS AND LIMITATIONS The purposes for which the Corporation is organized and the powers which it shall possess and the limitations to which it is subject are as follows: A. To operate and maintain the facilities reasonably necessary to provide domestic water supply distribution and sanitary sewage treatment to those residential units contained within the Riverbend P.U.D. Filing No. 1, the Riverbend P.U.D. Filing No. 2 , Riverbed P.U.D. Filing No. 5 and Riverbend Ranchettes all located in Garfield County, Colorado, and more specifically set forth in Exhibit A attached herewith and incorporated herein. 1. To acquire and hold title to, lease, purchase, sell and convey any lands or interest in lands, including, but not limited to, water and water rights, and any utilities deemed necessary or desirable by the Corporation. 2. To acquire and operate the domestic water supply distribution systems which: a. provides domestic water to the residential units described in paragraph A above, and; b. provides irrigaton water to the Park\Open Space contained within Riverbend PUD Filing No. 5. 3. To acquire and operate the sanitary wastewater treatment facilities and septic systems which shall service the residential units contained within the Riverbend P.U.D. Filing No. l, Riverbend P.U.D. Filing No. 2 , Riverbend P.U.D. Filing No. 5 and Riverbend Ranchettes subdivisions above referenced. 4. To establish, maintain and enforce all necessary and reasonable rules and regulations concerning the use and maintenance of the facilities under its jurisdiction. 5. To charge and collect such fees, charges and assessments as may be set or charged by the Board of Directors of the corporation in carrying out its function hereunder and to enter into written service contracts and/or other agreements, all to the end of carrying out the purposes and powers of the Corporation. 6. To exercise all the powers authorized or granted to a corporation not-for-profit by the laws of the State of Colorado as are now in effect or may hereinafter be in effect. B. These Articles are herein expressly made subject to those provisions contained within the Subdivision Improvements Agreement executed by R.B. Water & Sewer Company, Inc. and Garfield County dated , filed for public record with the Garfield County Clerk and Recorder as Reception No.and those provisions of the Memorandum of Agreement executed by RB Water & Sewer Company and the Riverpend Water and Sewer Company, filed for public record with the Garfield County Clerk and Recorder as Reception No.which pertain to the discontinuation of water and sewer service and by this reference the same are incorporated herein. ARTICLE IV. MEMBERS A. Memberships in The Riverbend Water and Sewer Co. Inc. shall be granted and certificates evidencing the same shall be issued to the following described persons: 1. All persons or entities who own title in fee to a lot or unit within Riverbend P.U.D. Filing No. 5. 2. Those persons or entities who own title in fee to the lots within Riverbend P.U.D. Filing No. 1, fuverbend filing No. 2 andRiverbend Ranchettes described in Exhibit A who coincident with the issuance of said membership, execute and file with the corporation a written service contract for domestic water and sanitary waste water treatment service. ,4rltcles o/ In corpora lfun fltrerbend /l/a/er & ,flewer Cortpa,oy, ,/nc. Page 2 B. All memberships issued pursuant to these provisions shall be of the same class entitling the holder thereof to one vote on each matter submitted to a vote of the members. C. There shall be issued one membership for each lot or unit owned as above described, which membership shall be appurtenant to the fee simple title of each such lot or unit and shall automatically pass with title. D. If fee simple title is held by more than one person or entity the regular membership appurtenant to that lot or unit shall be shared by all such persons or entities in the same proportionate interest and by the same type of ownership as fee simple title to the water unit is held. ARTICLE V. DIRECTORS A. The names and addresses of the persons who are to serve as directors of this Corporation until the first annual meeting of members and until their successors shall be elected and shall qualifu are as follows: Steven J. Boat Diane R. Boat P.O. Box 1989 Glenwood Springs, CO 81602-1989 P.O. Box 1989 Glenwood Springs, CO 81602-1989 Tim Thulson P.O. Drawer 790 Glenwood Springs, CO 81602 B. The business, affairs and property of the Corporation shall be managed by a Board of Directors who shall be elected at the annual meetings of the members by plurality vote. Each director shall be elected to serve until the next succeeding annual meeting and until his successor shall be elected and shall qualiff. C. The Board of Directors shall consist of from three (3) to five (5) persons as shall be determined by the Bylaws of the Corporation. D. Subsequent to the first annual meeting of members, all Directors must be a member of the corporation as above defined. The composition of the Board of Directors shall be as provided in the bylaws of the corporation. lrltblcs of /n corpora ltbn ,?trerbe-nd l[a/er ,* Serer Company, /nc. Page 3 E. Any vacancy occurring in the Board of Directors may be filled by the affrmative vote of a majority of the remaining directors. A director elected to fill a vacancy shall be elected from the unexpired term of his predecessor in office. ARTICLE VI. REGISTERED OFFICE AND AGENT The address ofthe initial registered office ofthis Corporation is0225 Glen Eagle Circle, New Castle, CO, and the initial registered agent at such office is Steve Boat. ARTICLE VII. INCORPORATOR The name and address of the incorporator of this Corporation is Steve Boat, P.O. Box 1989, Glenwood Springs, CO 81602. ARTICLE VIII. DISSOLUTION This Corporation may be dissolved by fourth-fifths (4/5ths) of the votes entitled to be cast by its members and in accordance with the laws of the State of Colorado. Upon dissolution, the properties and assets of this Corporation shall be distributed to its members pro rata in the same proportion as the votes entitled to be cast by the members at the time of dissolution and in accordance with the laws of the State of Colorado. / rlicles ol ln corp ora lton ,Elrterbend l{ater & Serer Company, Inc. Page 4 IN WITNESS WHEREOF, the undersigned, being the incorporator designated in the annexed and foregoing Articles of Incorporation, for the purpose of organizing and establishing a corporation not for profit under and pursuant to the laws of the State of Colorado, executes these Articles of Incorporation aforesaid and declares that the statements therein contained are true and accordingly has hereunto set his hand this day of 1997. STEVEN J. BOAT, incorporator srATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) , a notary public in and for the County and State aforesaid, do hereby certifu that Steven J. Boat, who is personally known to me to be the person whose name is subscribed in the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument in writing as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this 1997. day of ,4 rlicles of ln corp ora hbn ,?irerbend ffaler & Serer Company, Inc. Page 5 Notary Public EXHIBIT A SERVICE AREA FOR RTVERBEND WATER AI\[D SEWER COMPAI\IY Water and Sewer Service A. Riverbend Subdivision No. I l. Block l, Lots 1-10 2. Block 2,Lots l-7 B Riverbend Sudivision Filing No.2 Block l, Lots l-6 Block 2, Lots 1-13 Block 3, Lots 1-10 C. Riverbend Ranchettes Ranchette A Ranchette C (Lot 3, Cedar Ridge SuMivision) D. Riverbend Subdivision Filing No. 5 Lots l-16 Water Seruice Riverbend Ranchettes Ranchette B Ranchette C(Lots I and2 Cedar Ridge Subdivision) Irrigation Riverbend Subdivision Filing No. 5 Park and Open Space MEMORJAI{DI'M OF AGREEMENT Parties The parties t.o this Agreement are RB WATER & SEWER COMPAIiIY, a Colorado Corporation (hereinafter "RB Water & Sewer) and THE RMRBEND WATER & SEWER COMPAtity, a Coforado non-profit corporation (hereinafter "Riverbend" ) . Recitals WHEREAS, RB Water & Sewer is the owner of the water dist.ribution and sewage treatment system (hereinaf ter I'Water System" ) which at t.he present time provides domestic water and sanitary sewage LreaLment to the lot owners withi-n the Riverbend P.U.D. Filing No. L, Riverbend P.U.D. Filing No. 2 and Riverbend Ranchettes, all more particularly described on Exhibit A attached hereto. WHEREAS, RB Water & Sewer intends to subdivide a parcel of land the homes of which upon build-out will- be serviced by the Water Syst.em. WHEREAS, Garf ield Count.y has required as a condition Lo subdivision approval that ownership of the Water System be conveyed from RB Water and Sewer to the individual homeowners set forth in exhibit A attached hereto who are presently receiving domestic water and sewage treatment from the same. WHEREAS, RB Water & Sewer has agreed to transfer and convey its ownership interest in and to the Water System to Riverbend whose membership is comprised exclusively of lot owners above referenced and the owners of lots within the Riverbend PUD Filing No. 5 subdivision who will be served by the Water System in the future. WHEREAS, RB Water & Sewer has incurred substantial capital outlays incident to Water System upgrades required by the State of Colorado Department of Health and Environment. WHEREAS, in consideration of the above described Water System transfer, Riverbend has agreed to waive all tap fees, charges and,/or costs incident. to connection t.o the Water System by RB Wat.er & Sewer of the twenty-one (2a) residential unit.s to be constructed in Riverbend P.U.D. Filing No. 5. AdditionalIy, in consideration of t.his transfer, Riverbend has agreed to all-ow RB Water & Sewer Lo ut.ilize, without Lap fees or oLher charges all remaining capacit.y in the Water Sytem following the connection to the Water System of the above reference twenty-one (2]-) residential units. Aqreement The parties agree as follows: The recitals above set forth are true and correct. 2. RB Water & Sewer shall at the time specified in the Subdivision Improvements Agreement executed by RB Homes Inc. and Garfiel-d County, fil-ed for public record with the Garfiel-d County Cl-erk and Recorder as Reception No., Lransfer and convey to Riverbend pursuant to special warranty deed all real property and pursuant to bill of sale all personal property reasonably necessary for t.he continued operation of the Water System. 3. Subsequent to the above described conveyance and in consideration of the same, Riverbend shall grant to RB Water & Sewer, the right. to connect Lwenty-one (21) residential units to the Water Syst.em without tap fees, charges and/or other costs. 4. Subsequent to the above described conveyance and in consideration of the same, Riverbend shall grant to RB Water & Sewer, the right t.o utilize without incurring Lap fees or ot.her charges, all excess capacity remaining in the Water System after connection to the system of the above described twenty-one Qa) residential units 5. The waiver of tap fees described in paragraph 4 above, sha1l be appurtenant to the 21, lots as set forth on the plat for Riverbend P.U.D. Filing No. 5 and shall not be transferred or assigned separate from the same. 6 Riverbend sha11, without cosl or charge to the Riverbend Filing No. 5 Homeoweners Association, provide alI water reasonably necessary for the irrigation of t.he Park/Open Space contatined within Riverbend PUD Filng No. Z -2- 6. This Memorandum of Agreement is intended to inure to the benefit of and shal-l- be binding upon, t.he parti-es hereto, their successors and assigns of all kinds. 7 This Agreement contains the entire agreement. between the parties and supersedes all prior understandings, agreements, negotiations and representations written and oral not contained herein 8 In the event of any action for breach of, to enforce the provisj-ons of, or otherwise involving this contract the court in such action shall award a reasonable sum as attorney fees to the party who in light of the issues litigate that the court's decision on those issues was the prevailing party in the action. If a party vol-untarily dismisses an action a reasonable sum as attorney fees shal1 be awarded to the other party. IN WITNESS WHEREOF the Agreement, this _ day of parties have signed t.his Memorandum of , 1_99'7 . By. By. Diane R. Boat, President RB WATER & SEWER COMPANY Steven ,f . Boat, President THE RIVERBEND WATER AND SEWER COMPANY -3- RBH RB HOMES, INC. P,O. Bor 1989, Glenwood Springs, Colorado 8f602-1989 O7Ol98+1421 January 5, 199q iVlark Bean Garfield County Building & Planning 109 8th Street Glenwood Springs, Colorado 81601 Dear Mark, I am writing you in regards to final plat approval of Riverbend Filing 5. I have compiled the following information to clarify the capacity of the new wastewater facility. The information was obtained from the Discharge Monitoring Report which is filed monthly with the Colorado Department of Health and the Environmental Protection Agency. I have had recordable steady state flow for October, November and December for the existing 48 units. October influent flow 7000 gallons/day November influent flow 7208 gallons/day December influent flow 7225 gallonslday Currently we are permitted for 19,950 gallons/day. By using the above figures to estimate influent flow for total buildout of 69 units, the influent flow will be 10,269 gallons/day or 51% of permitted capacity. Please let me know if you have any questions. Sincerely, Steven Boat STATE OF COLOIUDO COLORADO DEPARTMENT OF HEATTH Dedicated to protectin7 and improving the health and environment of the people of Colorado Crand lunction Regional Office 222 S. 6th Street, Rm. 232 Crand lunction, CO 81501-2768 FAX: (303) 248-7198 December 19,1994 Roy Romer Covernor Patricia A. Nolan, MD, MPH Executive Director I- Schmueser Gordon Meyer, Inc. 118 W. 6rh St. Suite 200 Glenwood Springs, Co 81601 RE: Plans and Specifications for Riverbend Subdivisiorq Site Application No. 4134, Garfield County. Dear Sirs: We harrc rsviewed flre plas and qpecifications for the abor,,e referenced project and have the following cornments: All three cells of the wastewater teatnent facility can be bypassed at once, allowing raw sewage to enterfrre Colorado River directly. The bypasses need to be reconfigured such that the entire facility can not be bypassed. The inlet and orrflet pipes in all the cells and particularty the last cell are too close together and can promote shortcircuiting. The last cell is square and can promote short-circuiting. Consideration should be given to a rectangular pond. The lowest level of the multi-level drawoffis on the bottom of the pond. This pipe needs to be raised up approximate$ trro feet You may want to consider an infinitely variable drawoff. We have enclosed photos of such a device installed in another system for your information. Please provide a detailed hydraulic profile of the entire treatment plant. Please provide final plans stamped on every page bJ- a registered engineer. We note that a 6" diameter pipe is used to transf-er wastewater between cells. Will this size pipe be adequate when the wastewater treatment facilitl,reaches capacity? Please pror,ide greater detail on the gate r,ah;es. C-)ur experience with rnturally aspirating aerators with perpendicular mooring lines is that the.v tend to "twang" the mooring cables on startup. In one particular case this "ttvang" effect pufled the mooring posts ott of the ground. You may want to consider mooring lines parallel or e\"en in line with the thrust vector of the aerator or multiple mooring lines to prevent the "hvang". 2. 3. 4. 5. 6. 7. 8. 9. @ Prir,"a n, necycletl Puper 10. Please provide the results of composite influent BOD, sample(s). We wish to veriry the assumption of 200 mg/l influent BOD,. 11. 1-ou may want to consider reconfiguring the aerator placement to prevent shortciruiting as a result of aerator placement and the thrust of the aerator contributing to shortcircuiting. lZ. Please provide velocity calculations of the influent wastewater flow through the barscreen' 13. Please indicate how scrcedngs willbe stored onsite and the ultimate disposal of the screenings- 14. The influent and efluent three inch parshall flume are not acctrate at flows less than 0.018 MGD. Stevens Water Resource Data Book indicates that a three inch parshall flume is - accurate between 0.018 and 0.631 MGD. Stevens also shows that a two inch parshall flume is accurate between 0.005 and 0.303 MGD and that a one inch parshall flume is accurate between 0.002 and 0.123 MGD. 15. The site apptcation and plans and specifications were reviewed at 0.019950 MGD. The site application was apptrovod at 0.019950 MGD. The plans and specifications can only be rwiewedto ftis ceacity. Arry increases in capacity at this stage would require an amendment to a previously issued site application prior to plans and specifications being reviewed for an increase in capacity. Please advise us regarding your intentions. lG. The chlorine contact chamber should have a sump at the lowest end to facilitate solids cleaning. 17. The chlorine contact chamber should have fillets in the cornerc of the baffles and the floor. The fillets should be two dimensional for the baffles and floor intersection and three dimensional for the baffle, floor, and wall intersection. Once the above issues have been addressed then a plans and specifications approval letter can be issued. If you have any questions, please contact me at 248-7L50. Sincerely,,"^ n-- r_z*-k7a@ West Slope District Technician Water Quality Control Division Richard H. Bowmarq P.E. West Slope Unit Loader Water Quality Control Division DPW CC: Steve Boa! R & B Water and Sewer Company Afiark Bean Garfield County Sanitarian Permits and Enforcement Section CDH EPA" Region VItr Sharon Ferdinandsen Irslie Simpson District Engineer File rl8! ofllcn Prcrl rt E76'?fi21 Xrtty CqrV 47a5 C.r. 315sllt, @ E1652 Ylc. Prc.ld.,rtsrrtl t. Pott.r 0t9c c.r. :ti8tilto, Co E'1650 f rcrrrcr/At tcrnatc scc. LtYGm St.rbrt 3106 c. r. 542sltt, c0 Et662 uittir l. 2itr 0090 sl'ltlCtt 0r. Gtcfl.ood Spri6t, CO tl60t Dlane R. RB lfater SeuerP. O.1989 Springs , Coupany co 81601 DMD! ilrln @trSEnYlrgl Dr88nlg[ P. O. EOr 1478BI!I!, @IOtr,lDO 81650-1178 625-1887 lcrd ot 0lrctqr Ict ty Corcy 171' C. r. !t5sltt, G) E1652 Uittlr I. Zitr 0090 $rttltht 0r. Ctqrrood Sprlngo, 0O E1601 LeUcnp Strrhrk 5106 C.R. ]42sitt, c0 Et652 L.rry S. Axthct. 1(tr2 Coopcr Arr. Gtcn ood Spriqo, @ t1601 Sr.Et B. Pottcr 698 c.n. l25llfte, 00 6t650 January 10, 1996 G1 / Dear l{s. Boat: Enclosed ls your approved contract |951020RBWSC(a). Please read the contract carefully if you have not already done so, but please especLally note paragraph_2 concernlng availability of Yater. I1est Divide obtalns its storage water frou Ruedi Reselrroir and Green l,lorrntain ReEerrroir. Current federal policy has nade it increaslngly dlfficult to predlct availability of water to West Divlde. lthlle ue cannot gruarantee that ue can Dake any water aval.lable to you under ttrls contract, U€ riII continue to do everlthing possible to aasure availability of the federal water shlle ue develop alternative auPplies. This uater allotnent contract Eay require you to obtain a ueII penlt fron the State Engineerrs office. Once your-uell is drilled lou are requlred to install a Deasuring device and srrbult a neter ieading to tlest Divlde. You u111 be provided uith a special foto for tbis pur?o6e upon notification that your veII has been drilled. Diane R. Boat January 10, 1996 Page 2 Non-compllance with ueasurlng and reporting requlrenents are grounds for cancellation of your water allotment contract vith West 6iviae. This could result in action by the State Engineer which could prevent your further use of your well. Slncerely yours, . .- (! ruN \ ) \t-.L.-\ C-r-R-, Janet l,laddock Adrninistrative Assistant Enclosure cc The State Division of t{ater Resources u/enc}osure Division No. 5 Water Resources /enclosure The Colorado River Water Conserrration District y'enclosure District l{o. 45 tfater Resources /enclosure Eduard J. Orrrier, P.E. /enclosureTiuothy A. Thulson, Esg. r/enclosure tlap ID No. 20I Date Act,ivated. 01-01-95 APPLICATION A}{D DATA FORH TO LEASE WATER FROI{ T{EST DIVIDE WATER CONSERVA}TCY DISTRICT RB Water & Sewer Company Address P.O. Box 1989-clenwnod spri ngs, CO 81602 Diane R. Boat A.APPLICA}IT Nane Telephone Number qto / qga - 142'l Authorlzed Agent or Representative B.WATER RTGHT OWNED BY APPLICANT Xirne of Right See Exhibit A Type of Structure or Right Location of Point of DiversionSee Exhibit A c. Water Court Well Pemit INTENDED USE Location of Case No. No. OF LEASED WATER Area of Use See Exhibit B Description of Use Domestic use for 2I family clwellrng units'and lawn and feet. Number of Dselling Units 2L Total Acreage 10.51 acres Proposed Potable Water Systen I.IelI and distribution system Proposed Waste-Water Treatment Systen Aerated lagoon Prpjected l{onthly Voluue of L€ased Water Needed in GaIlons: Jan.0.559 Feb.0.505 sunsl2EB .rutyf6B Nov.0.541 Dec.0.559 Annual Total Gallons t{axinun Instantaneous Demand D. OTHER RE}I,ARKS uar.o' 5s9 Apr.i:gnr Hay 2'494 Aug.2.059 Sept.r. 823 Oct. 1.038 Acre Feet 16.944 gpm ir -,,1c-4 s iona tu reDa'-e EXHIBIT A Riverbend WeII No. 1: At a point whence the Southwest Corner of Section 35, fownship 5 Southl Range 90 West of the 5th P'M''bears Sourh 02o3d, West eBgO feet. Well Permit 118144-F. Riverbend WeII No. 2z At a point whence the Southwest Corner of section 35, Township 5 southl Range 90 west of the 5th P'I{., bears South t0o30' frest 25OO feet. Wett Permit *18145-F' Riverbend well NO. 3: At a point whence the southwest corner of Section 35, t-wnship 5 Southl Range 9o-West of the 5th P'!4', b"ur= Soutn fg.OO, i{est 25LO feet. Wett Permit }18146-F. Riverbend Well No. 4t At a point whence the Southwest Corner of Section 35, Township 5 Southl Range 9Q_West of the 5th P'M', bears Soutfr Z.'OO' i{est 2590 feet. Wett Permit *18147-E' Riverbend well No. 5: At a point whence the Southwest corner of Section 35, Township 5 Southl Range 90 West of the 6th P'l{' bears South 34o30, West ZitS feet. WeII Per^mit *18148-F. water Case No. w-2127 Tributary to the Colorado River *an u* ra,a.EJiA ,fl--a-r--r?roraa-- -,!/19?r/. a - Ja ba t -, I - -a-*-J-.-i-Jia--a- ---frr-ffiJ-e-Ji-- --:- -----r--.-nrJ-JO--*-h- aF-t--ffita---- :*a-. --- -a, J.a, -*,- rif r------.EJa..-a-a-- -.3at=*! gl-.1-rE---'a,- 212JA|J l -rr.,-qt - --a--4,rzrlJa,.4,-).- D J -- t-p --a lzglE E 1r/. - -------Z rF'iU = - --.rJO-'-J.r-tgr,rCf f &t---r---t-'r*d- tU, rEi-lrit DEstflmdt Lofs tMlls ffiFAGf sn/df FutLr ufis u n ruo FMLY WrS 5 tO EEN gG OMO0 2.A6 MA t.76 M6 J.95 M2Uffi DrL EIgIT ---------------F--- a-------------------J-+- t6 2t ta6t rc t.98 t ns PER ffi O.5I Affi ftR I'IIT .gdEEEItgei afE th;b,f 6 qG ,trilo saa ,E,Lfi,KETCH lil C./.J\T * t/r!/A ,EIX'dEM con I (.c tll.P Io IDrt. Actlv.ta XEST DTVTDE XATSR CONSERVANCI OISIRICT tf.te3 AllotlGnt contr'ct RB Water E Sewer ComPanY C(a) -96 Nuc of APPllcrnt: QurntttY of vlt'.( !.rnd all r.t.r . 17.0 acre feetln ecro tcct APPltc.nt, hcrlby. .appI tcr t'o thQ Ha3t- Dtvtdc tl!ter Con!crv!nc!, Otrti'iit," e p-o'f ti'ttai-iuSOtvicton ot tht Statc ot CoIoradol orglnl:cd gursuent to. 'nd crtstlng by vtrt'uc of C'R'S' l9?3, 37-a5-lor, --ti --!l-E-t (hcretnettcr rcCcrred to '! the .DllErlcr') tor "iffincnU --contrrct to bcncttctrtly and pcrpcturl ly u:c ,"ii'. * -r-.-iii r tghtr ovncd , ltascd, or hercaf tcr ecgulrcd by thc ofrtrtct. 8y crccutlon o[ this 'PPltcatlon' 'ndrubscgucnt actrvcriina u".- ot. ratcr' APPltcent hcrcby '9rect to thc lolloulng terrt aod condltlont! r h. po r n . 1o t at+:::rtilra'., Iti : l?"""'i r5it-:-li l!' !;!':':"Ui i: dlyert, u.cGr, vtrlJi-,1!'i il;uppleocnced by vater -lcarcd hcrein' I! Appltc.nt tn'Cin-Oi-to- Oii,irc--itrrough q vclt. lE .urt bc undcrstood UV rppilcent thtl no ttght tb dlvcrt erl3t! untll ';;itC;r1- piirri -t. oot.rncd !sor t'ha st!t'G Ene lnccr ' 2. llgantttl: lfatcr rppll.ed Cor. bI -tl-t Appllcant [n Lh. aoount tGt lo?ffib;'.'t-tt"ir Lc at'ctttd e[ rppltcrnt''l polnt of dlverrton tro. -irrc- otititct,r dtrcct IloY Yatcr rtghtr, and rhcn utt.r tr uneiarf "ir.-i"i -dlvc-rs lon pursualE t9 lditnttt(ttlon by rhc cororrdo !-r"l-.--i"ii;.4; dur tn9 -pcr^tods .vhcn setd dircct !lor uatcr rtght'fi-ioi-in gcforlty, -thc Dl!trtct shetl rclcagc lor thc utc o[ rppfi""ii op ti, satd {uantlty tn actc-fcct Per ye'( ol rtorag. reEe r--oyncd or controtictt by- thc Dtstrlct. lt ts undcrrtood Ehtt rny-quiitfty lllotted troa dircct flov,3tor'9c or othcrvtsc, to tnc ipiffiiti'by lhG Dtrtrlct rtll be It'ltcd by lhe iii:t',..J,f ,'JYr'i:i':i{lati:'."..'"t',.0',o',}.'"31I'!X'r:iS.i:i!i.llotEcd ulrr oori-u. g.o"rocd so-long as-y.ter tr avrllablc end the Appltc.nt toiiy -".Jjr.iJ -'tttt "t't it tte tcrts end condlttons ol thl! cootract:'ttri-orctr1ct and thc Appltcant rccognlz. th.t rolc o! the Dt.trtctrl dcerect ray uc ln tiri nalc of the colortdo Rlv.r water concei;tion Dlstrtct, lnd thc abtltty of thc District to ellot dtrcct ;i;';i!;ii .io ti c Appl-icant o'.v, be depcndcnt on rhc conscnt ot $i.-iot;;i,; Rtvcr.ierii concervatlo-n Dittrlct. If tt rny ttra thc'i;ii;;;i-oilcrrtncr lB rcgulrcc lcss Y'tcr than rh. rrount h.r.i;-;;;;tdrd, tr uy go notity..thc District In rrtttngr lod tfrJ'ejount o!'r.tlr rilottcd uodcr thlt cont(.ct, rhall be rrducoi -i".-..iJitla tn lccordlncc vlth luch noticc. R!r.r lhrl,t ue ea-:u5ira .".".l-fiety ln Collorlng ratcr yerrr only. noi gc: Anyffid toc ;;". "('"ii""J;;'iiiliiirli- ui-.'o.-'orJ"' . lunt"l-P-'-l-' -1oi:1t1"-,:i:;:;i";;';;:;: ;;"t;iigatton rnd coa'e.r-cle-l ( c-rypt, -!9-:l:^:'E:i:[;:;'T".?r="rJr'.."'.'.i--;L --Li - rretlablc lor - lrrteetloo lnd corberctrl ., tno." 1-.'.t"--itt dcttncd on PrgG,5--"-f- :9i:ii"1-Il: ; :fi:;;;; 5 ;; b:i;;n-ll. u!!i.a s r!t. t :11, -.|.' . !:':. ol:.1'r:-:' :i i 6 ; il: ; il: i' 6 t II I i Ii ; . ..' id i i ;i i t ; i - u" n' I t ". 1"-1, Y: : -: I ^:nL^: :d, .' ll::l:;':iill.il']iiii'l.,iliii-o. il,'oush facrlrtrcs or upon land - --. - ---r--!ouncd, lcascd, opaa"taa, or undcr Appllcant'3 controf' r h e D r. s r r h "ffi , tlil"'I3i, 11: :""""';:?::t"' iI or lectttttrr ot it. -Oftt-.Gt, o! lror oEhec sou(c" avatlablc to th. Dlttrtct, th;i; ie-a"ii"irco Eo thc ApPltc'nt at lha outtct yorkr o! rara ri'orJg. !;tiiir.. o. rt -ihc decrecd potnt ot -l- lfi ii.$rtiii,ii,tlmii:i'"&!itiiri'liriifr t:.:':lil!i ii$'i:ii'H:tli:,ti':i.ii:si:u"ot,:ir!"...?ilf; .rdiiiilli iii.i":[."*i,i1'*.iiil.ir-'pti,i,!i1ilii!i.!!i:.,1ff..iil1i:!;il-;itil to rrcii rrir.:- ra{ tc r't' 'tcl'nlo t .r3u€tur.. tr,.t .Ii-f -*f ft-ii ccatriiioj Dt qi Dt'tslct la tlr te3rrtor ac loag m'rro t t.t lrc-vlct !t u' -Itpllcra: D$s'u'nt lc rira .r3..r.at tr- nit- r-ip-iired ur-irii rcit&'.-- rqr.iuratlll :!ri. ttttte.ai,r iri'Jirt-r-iJ-iJ- e-ittrliel tc o: erd bt leellc'at :i..?ilsi,'.:::'t*;;ii..',xl-ti:lr:lli,ii'li,T',iii.'"1';1!ilciiciii-to ray roi,lna ct inyrrnt r"' tcr ruci t'l'r' i!.!ri:il!;;i'{irl,1*i',i;i;,4i"i!ilili*':t:'iilli1;iiith. Dl.trtctr a :T t r ! . i,1"':' [i: fri .*iii' : ;:rfl,';li iq *t r l fi :: rii i ; l,htiit*=:i$lltifi'i*::g::n;.:,',' iiil$iiiiirGr-'r-clt.i*jr.-Liirr.rt,:ll:f..:lrtr,.i::t:[":iffi ii i3,i','i"fi 3'iliii:i'.*i1r;.Jil::lilTriiil,ii.i','.;""*-ii:ift.rsnrc. 3nlnt ct dtvrrltoa'r' 't-'r'3ii'o-F-fr!:;ft! *tg'E !? ili$iffi {'ls:',"l'.::::i':.ih[{"n;,u*i..:..."":::6r.lat{ foer eL-.J- fr-- tlo --iiltortrr -- lirgcarlltllt, ct lrglteoai. tto Ctiirtcc rilor.v.. &-'ilJiirttr -iilai :,c c-.rtrr ffi', ..* :t'ii r'i I iiiii ci-i r.,i ia. Ey -i- -.r t trlrr-e' rc r ed r c r r r ffi{ $llryl.t{*l$ll',Fi*5igs'ri'irlrir..fi .':tiii le t!. ot.it Qr r9g-ltcrrt lrtoa{r tc l33llr.t""rrllrlt.3!.t Etii it rtvrcrt- -q3rt tc Crrolctr - eel1 iii--r-r{rir.-.'f :ilii:f tFlrli:-ii.if,iT,t.r'l,i:t:i!il!:! t l3'^3lr,..ar r. G.ca... ilii'iiir il.ii - iiii r -i rrr - t'te Dl.tstGG rrrttri'-iiif;a--;!. iudllitiii' tr 3L' .''at tD' i?ii',?n{it$:?f, ';}'.'.f ":ttl"{ilF**f i'.'t'if...1iii,'; :::1i lA:'oi J'.?I. !'L iff 111." til - : I rr t -rc -.p? r crr - 5i a t, pp r ovi iti*iit:it;,i*i;f '.t$i-iu:-*':l'.r.1r:1..i,,*;'1",'3ll:; F;.r;1il.d ,1-ti--tre-ir[or cderr ta tlr dledlcrtlcr r e r r r c r .l l. . #, * "il i. i!'li"i-U l"e'U.'-Ii: i i Dlt.Gtc3. or tri-irliiicl tr t ptl- rcil:iqcf' rrrd' tt' lalllrl traurt D.rr.r3 'lriii'ii-.;d;.,- ii-!.1J, iruta. Bhlslt (tol d.t. ettrr tla 6.G. ct acate. to tl. rgettclil t!.3 Bl. tattt.l 9"r'at -!- Mns.r,ri!?1i.'i:..r1'*,'rH.:;!l':i.{i',"t!:T5!;iiii fi[*l*si*:,r*'x]t**mi fii$ir$[]${r*lfit:i$tu*r'ntl lfgffi,nffifiril:ffiiW rH*ffi fiiii$ffi*F*:Hiln1{'$ffi i'iqii ffiilw,,:.'-,#',i,q*!!rpgltcrule lev' ^---r-. eaa rrr@.lTl.lttl: -!- i r m r e t i.. -l n . I I t I c I r .' I : i s : ! I :lr"1t ii.tll!,lt-T'i.t, ['l :j! !ii:iiili.,:'fl i,.11...,11liffi Lil-liiik$.!*::iTi"li:','i.::l i i : irt : ! :' :i.T' ;I'.Ti.'l' : I, i i; .i ;' li',".'l' :. .T;: l'' : ;' "::' "$ : IIJtiior. ri.' ir,i r-ell t*a:' srshr,..o-,'.';,1,ffi -if s-o,"*9:.itiilru:'ir'.{#{1:^'B:'Jli! "il ic .lr. urB.3 rl lortld h'3'ua€'' :r,'1. *i: $ ii ".': I i I i ili' . -, .: : .'::,:r:i i'!':""T't' * : Ot.BslcB.h.ll Uo'ii...e Bc b. r.ir-lstlf brrrc! of tll' coo!3'€l' ;*ii*ii,i.:' ilt:::iliifii $:ii":,'l':;fli,li.{il!iii$i.;"':l$[i'fr *[,"*'i{fr illiorrrlBgrd tn glcri'c'ipi-i-iuJ'Jt ' rnrll 5o drrerd Bc irrrcl ct chta att""nB' t!. ttllor tB - tt underrtcod raC r9:rrd- th'B acBhtag h.!.in rnrlt u. riffir.iia -i i-tr.'iiiipiiic.n-c -'6t 'qulBrDl' o( Ircrl!rrEtBt''iilliirBl6ot:J"i"i'JtB'tctY'B'33tsbBtrrlirrrc 3o h.3lln' . r{. -tgg r...^P,err.t"l:di;tl: :"tT,..l'."lil ;lll*::fr fi:.;i':"'.','#r'.i.1t'.t:.:+ii'li:.'li:i"!i"T"110""'3r $l*:::.r"iir'ffi liiillfi *ii:l'r',tj'T."il::';iti; iiirca o! tbtr '93"r'aB' ga. Sourrbold;;:;;aia- ( tacludo lrvnI Ltvrrscct (crtllrl lrrtgrttca tnnu.l I.rt.ur rqlglg 1./! rcco tootl-- ! rcse troBi rcrt tco:./100 hoed 2-lrcrrlrrtlrcrr fiiiliii:l l.'li:lii"',',"';LT"tfit:i"'"3i'ii t?. ir;.i:r'fi*i.':-+iltr'#'.ii r;+it**ttriux'r;rt+*:* :$!i ...-ti..tl':L##:iii,,ii:ii:1"'":.','.:i'ii{fi;l"t'1!li: ::::;::l:i rjl"I:;.il] ii d'r.eri;;1; 'rir*a rertarB the Ut.Bstcs, ao3 r.t/'r'pi'rl"tii ouclri ';;f""d ticr rtr ottEctcl' t,fi,li;l i ;ii3; ic tbr grocrrdtal -. ii::l:ii$1 ,:l; IBim: il;.' F*'iii. i'.,. :i:.. o [ : : :::' L ill'.'il''i soc i i ic ;il-il;;-it -trtr rirumat' Arrrtc^x?,$'offiittttr.le:'iid"i.i?lt#3i3#tT"r"".,3iql!!orotl fi, otwrt tiitii, r!,c14-9;19..-til rrt3t rcoo-t!!9 0t'D3t trls corrr.rer. tt tt ;I:-E6r"-tr-u-irc -urit ol tri ulgrcrm 's0 l^txtltx trt ytLtottr ot ;;; ;ili';-!tlil-o.t rir:i rtcrt lrcLootro ?tr'rrrc ror lrtrr.stoxs or'iir;i;, ircflc liut -c<xaL5ttil lllorrtr 'tl'llrorrAra(t'rr Or r,,ciic?ii-fui-l-or et-r-r-rritt trrtutLr rt'Gllrc trt rA!31 r{, r:rrrrctrl---oh---oi A iicuur l^!rt rltroq! rAetl' rt?&tcHltr ty rDtLtclllt AOotlS!t P O Rov laRq Ct".rooa SPrings, CO 81602 stAt3 0, cotoRLoo couxtt 0t GAnll3LD )).r. ) .,r. 2 o t!t}& i'r"ts!%$s""Ii!bi'3,'fiH,:ttT t'"': l' " ": IlBaorl ry brad m6 cltlclll loll' ty cortrrtoa orPtrort " ii;xij6t{ft1fi]iuii, x's' Ig'if i" ri. i i --r-';-l)-9s , €oottrcElnclrrdcrrodtrrublocltoth.t.(r...ad JBbTt',-"t'.r'ffi TJi"iiit. -rrt tcri ru't'cco'etnv t'h tt rro rhorlng locrBlon o! gotnt of illrrrrloo (ut' r'P gr6vldrd)'. :l!l|!tttta uc Dre' lorr lullv corglrmd rnd 818 Colorado Avaruc Glonwood Sorinos, C0 81601 tblt coadlttoa. ct conEsl€t t l' olDSl !. t. Ogb.t -t- POINT OF DIVERSION R90WIccb R9I W '!oL 1 36/Ir /. f, I-i-r- ?I-j J .11 3E it zz .tt l!'- lt .tJ - -1V/;, tI I t .$ >l--\'-;,vth\tris4-J:tc,t LQ9-- ! JJ -: \-sJ,,:FFN A \li-\( t l,: /\ cr;N*I)i\ -oi :r$tr.:* hNj---=lJj_ajDt*\ i'\-_ I.ti\ '( lxEw crsr.. i2 L3'-t;l i; anla a i ,ffisffi ----{r^----r--r:- | "'..1. I | '... lr --'...,1 t i t;"1 ( I P I I I I ? I I T'I F t. t' I I ly 42.B..(D.-o_ "1.&rY-- kr .e'.1.of"-._.,- SURFACE TIHE OF DAY rl -:'.:.( at .....i 1'?,?1' PUTP sETNilG RECOVERY ?*1 , >C r{ l,i' <-I l{ r: tt., SURFACE TIME OF DAY UNER CASlllO PUMP SETNNO RECOVERY ?fi ,7* r.{ t,l!'a; 7 .-. 7q' (- l{, ,2.//, 1.e tfi TtoN uT PumP stzr, < H, P , DRoP nPe e u lrr HPE To cegro_To oRoulloJ SURFACE CASINO ul{ER CASINO PUMP SETNNO < aP TI]TE OF OAY RECOVERY ?r'i , -l 7q- s t. -*-l lt 4 -l :i -J.f q'7.!4' UYELL TEST FORTT ne n,^ue F rv {v l-,F,tr 12 ,norro* ,, F,-kW we3,/.LlfiL pump sw, < Ll , F , DRop npe t ' t,r ptpE ro clgro-To oaixlroll SURFACE CASINO PUI|P 8ErnilO TI}IE OF DAY ?*t; , 7( -C.t: z Q -:j' 2 t ).' 7r- t.t g .:1 JOB NA'TE pump s* < E:i( DRop HpEL llrrnft,TocArqro-Tosn'ouxoJl SURFACE CASINO LINER CASIMI PUTIP TITTE OF DAY ?r"]; , 7d l't i l,d ;-/' z Q ;-'t' l{, -4/. -t- i<' .! -l r: -.' (' ^ -, I. I 3'7,?4' {' 2 SURFACE TIHE OF DAY PUITPSETflIO c- (; 7 .-, ?'t )-: 7s' // -^)'