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HomeMy WebLinkAbout3.0 Correspondence• STUVER & LEMOINE, P.C. ATTORNEYS AT LAW 120 WEST THIRD STREET P. O. BOX 907 RIFLE, COLORADO 81650 2002 THOMAS W. STUVER TELEPHONE 970 - 625-1887 FAX 970 - 625-4448 DANIEL D. LEMOINE January 28, 2002 Garfield County Building and Planning Department Attention: Mark Bean 109 Eighth Street. Suite 303 Glenwood Springs, CO 81601 Re: Van Hoose/Timber Gulch Subdivision Exemption Dear Mark: Referee Petree did not sign the proposed Ruling of Referee until January 18, 2002. I enclose a copy of the signature page which I received in today's mail. Given the timing, it is not possible for the Water Court to enter the ruling as a final decree prior to the February 5, 2002 extension we previously requested. The purpose of this is to request an additional two months to complete submittals for this exemption. Please thank the Commissioners for their consideration of this request. Very truly yours, STUVER & LeMOIN , P.C. Thomas) S uv -r TWS/lsa Enclosure cc: Donald and Matthew Van Hoose Division 5 Water Court Case No. 99 CW 277 Ruling of Referee Page 5 It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated 7a, q, Copy of the foregoing mailed to all Counsel of record/I:Water_ Referee, --Div. Engineerand State Engineer''Date //-25-02- f't.tAA6_ 1' nAC. Dit'aifCtart D04: Ma a BY THE REFEREE: Wate1i` Referee Water Division No. 5 State of Colorado at.) No protest was filed in this matter, and accordingly the foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court; provided, however, that the approval of this plan for augmentation shall be subject to reconsideration by the Water Judge on the question of injury or to the vested rights of others during any hearing commencing within a period of five years after seventy-five percent (75%) build -out of the development. Dated Water Judge THOMAS W. STUVER DANIEL D. LEMOINE • RECEIVED NOV 3 0 2000 STUVER & LEMOINE, P.C. ATTORNEYS AT LAW 120 WEST THIRD STREET P. O. BOX 907 RIFLE, COLORADO 81650 November 29, 2000 Garfield County Building and Planning Department Attn: Mark Bean 109 - 8th Street Suite 303 Glenwood Springs, Colorado 81601 Re: Van Hoose/Timber Gulch Subdivision Exemption Dear Mark: TELEPHONE 970-625-1887 FAX 970-625-4448 I believe that one of my clients, Matthew Van Hoose, has discussed with you the delays he has encountered in completing an augmentation plan for the necessary domestic water rights to support the final exemption approval. I am submitting to you herewith a copy of a letter from legal counsel for West Divide Water Conservancy District confirming that it is anticipated that augmentation water will be available in late calendar year 2001. In light of this information, my clients Donald Van Hoose and Matthew Van Hoose request an extension of twelve months, continuing the date for final exemption plat approval to December 5, 2001. Would you please present this request to the County Commissioners at your earliest convenience and advise whether or not it is necessary for my client or me to be present when the request is considered? Very truly yours, TWS/gg Enclosure cc: Donald and Matthew Van Hoose /z /1/ (26 JOHN A. THULSON EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON LORI J. M. SATTERFIELD EDWARD B. OLSZEWSKI DAVID SANDOVAL CHRISTOPHER L. GEIGER ANNE MARIE CALLAHAN • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 Matt Van Hoose 1740 County Road 241 New Castle, Colorado 81647 Telephone: 970.945.6546 Facsimile: 970.945.8902 November 15, 2000 Re: Alsbury Reservoir Augmentation Water Dear Mr. Van Hoose: OF COUNSEL: KENNETH BALCOMB This letter comes in response to your inquiries regarding augmentation water from the West Divide Water Conservancy District's ("West Divide") Alsbury Reservoir. West Divide is currently in the process of creating and obtaining approval for a Substitute Water Supply Plan. We expect an application for Substitute Supply Plan will be submitted to the State Engineer's Office within the next two months and hope to have approval of the Substitute Supply Plan no later than Summer or Fall of 2001. Once the Substitute Supply Plan is in place, West Divide will be in a position to contract for augmentation water from Alsbury Reservoir. If you have any questions, please feel free to contact me at your convenience. Very truly yours, BALCOMB & GREEN, P.C. By EBO:nmk cc: Janet Maddock, West Divide Water Conservancy District ,,fie;, United States Forest. White River Ifle Ranger District Department of Service National 0094 County Road 244 Agriculture Forest Rifle, CO 81650 (970) 625-2371 TTY (970) 945-3255 FAX (970) 625-2532 File Code: 5400-2-2 Date: March 5, 2002 Chris Chen Schmuser Gordon Meyer 118 W. 6th St. Ste 200 Glenwood Springs, CO 81601 Matthew VanHoose has been in contact with Len Newton of my staff concerning an exception to Garfield County's setback requirements. My understanding is that a client of yours wishes to construct an outbuilding within the setback limitations and your company is asking the Forest Service to write a letter saying we, as a neighboring landowner, have no objections to the County granting an exception. When Matthew first contacted Len last fall, Len made a trip up to the property to see if there would be any concerns with such an exception. Len told Matthew at the time that he saw no real concerns as long as the new construction stayed entirely on private land and there was no interference to the road that is used by the City of Glenwood Springs to access their water supply system. This portion of the road is also a designated Forest Service hiking trail. Recently, Matthew dropped off the building sketch plan prepared by your company entitled Friedman Residence Remodel, No Name, CO. This sketch shows the new driveway tying into the No Name road at the gate, which would be encroaching onto National Forest System lands. The Forest Service cannot allow an encroachment like this to occur as we are obligated to protect the property interests of the United States. The only way I am willing to tell Garfield County it is permissible to grant an exemption to their setback requirements is if I receive assurance that the driveway will not be built in trespass onto National Forest System lands. Additionally, the building sketch plan submitted shows the proposed outbuilding very close to the property line. The construction of this building must be done in such a manner that there is no disturbance or impacts to National Forest System lands. For example, there should not be dirt stockpiled onto National Forest land nor should any excavation occur across the private property boundary. No trees or other vegetation should be cut or disturbed. It is not acceptable for machinery to operate on our side of the line, which would cause impacts to vegetation. Caring for the Land and Serving People Printed on Recycled Paper RECEIVED MAR 0 6 2002 • If you have any questions, please contact Len Newton at this office. Sincerely, /s/ David J. Silvieus DAVID J. SILVIEUS District Ranger cc: Garfield County Building and Planning APR. 0.2002 10:43AM STUVER & LEMOINE, PC NO.320 P.1 • RECEIVED APR 2 02 THOMAS W. STUVER DANIEL D. LEMOINE FA IMILE TRANSMISSION COMPLETED THIS DATE AT A.M. / P.M. BY STUVER & LEMOINE, P.C. ATTORNEYS AT LAW 120 WEST THIRD STREET P. O. BOX 907 RIFLE, COLORADO 81650 TELEPHONE 970-61S-1887 FAX 970-615-4440 FACSIMILE COVER SHEET DATE: April 8, 2002 NUMBER OF PAGES (including cover sheet): 2 TO: Mark Bean FAX NUMBER: (970) 384-3470 FROM: Thomas W. Stuver RE: Van Hoose/Timber Gulch Subdivision Exemption DOCUMENTS SUBMITTED: My letter dated April 8, 2002 Transmitted: .X For approval For signature For review and comment As requested For your information Please: Sign and return Call upon receipt/review Call if any questions IF YOU DO NOT RECEIVE ALL OF TRE PAGES, PLEASE CALL (970) 625-1887. OTHER MESSAGE: CONPIISENTIALTTY NOTE THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE MAY BE PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL QR ENTITY NAMED ABOVE, IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS TELECOPY IS STRICTLY PROHIBITED, IP YOU HAVE RECEIVED THIS TELL -COPY IN ERROR. PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE VIA THE UNITED STATES POSTAL SERVICE THANK YOU, APR. 8.2002 10:44AM STUVER & LEMOINE, PC NO.320 P.2 STUVER & LEMOINE, P.G. ATTORNEYS AT LAW 120 WEST THIRD STREET P. 0. BOX 907 RIFLE, COLORADO 81650 THOMAS W. STUVER TELEPHONE 970 - 625-1E87 DANIEL D. LEMOINE April 8, 2002 Sent by Facsimile # 9701384-3470 Garfield County Building and Planning Department Attention: Mark Bean 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Van Hoose/Timber Gulch, Subdivision Exemption Dear Mark: FAX 970 - 525-4448 We have the fmal ruling from the Water Court, and 1 am circulating the plat and water sharing agreement for signatures. May we please have an extension to May 6 to complete the submittals? Thank you for your consideration of this request. Very truly yours, STUVER & LeMON Th s ias W. Stuver TWS/lsa Enclosure cc: Donald and Matthew Van 1 -loose THOMAS W. STUVER RUSSELL GEORGE MELODY D. MASSIH DANIEL D. LEMOINE • • STUVER & GEORGE, P.C. ATTORNEYS AT LAW 120 WEST THIRD STREET P. 0. BOX 907 RIFLE, COLORADO 81650 May 12, 2000 RECEIVED HAY 1 5 2B2n GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: VAN HOOSE TIMBER GULCH SUBDIVISION EXEMPTION TELEPHONE 970 - 625-1887 FAX 970 - 625-4448 On behalf of my clients, Donald VanHoose and Matthew VanHoose, I am requesting an additional extension of time to present the final exemption plat for approval. The augmentation plan for the necessary domestic water rights is pending in Division 5 Water Court. However, additional time is needed in order to satisfy the concerns of the Division Engineer to assure that adequate supply can be provided without material injury to others. We request an extension of an additional one hundred eighty (180) days in order to complete the water rights cases. Thank you for your consideration of this request. Please advise me as soon as possible concerning the staff's position with respect to this request and when we might expect a response from the County Commissioners. Very truly yours, STUVER & GEORGE, P.C. TWS/cpr cc: Donald VanHoose Matthew VanHoose Apr -24-02 09:25A BURNING MOUNTAINS FIRE PROTECTION DISTRICT Administrative Station 1 611 Main St. Phone: (970) 876-5738 P.O. Box 2 Fax: (970) 876-2774 Silt ,C0. 81652 L -Mail_ chief300@fof net David L. Yowell Chief April 24, 2002 Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Van Hoose Timber Gulch Subdivision To Whom It May Concern: I have reviewed the proposed Timber Gulch subdivision plans and met with the developer about lire protection concerns. The developer has agreed to provide water for fire protection and make sure that the build areas are mitigated for wildfire protection. At this time Burning Mountains Fire Protection District is NOT apposed to this development. If you have any questions please feel free to call me at 876-5738 or 379- 2566. Thank you, D- vid L. Yowe11 Chief P.01 �1111111111111111750g99 IIIIIIII.'4'ItIIIQIII IIIIIIIIIIIII 1 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO GRANT OF NON-EXCLUSIVE EASEMENT (CORRECTED) For and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, to be paid as hereinafter provided, the undersigned, Chris Leverich, herein called "Grantor", hereby grants, bargains, sells, conveys and warrants to Donald L. Van hoose and Matthew L. Van noose, whose address is 1741 County Road 241, New Castle, Colorado 81647, their heirs, successors and assigns, herein called "Grantees" the right, privilege and eaeinent appurtenant to any and all of that real property in Garfield County, Colorado described as: Township 7 South, Range 91 West of the 6th P.M. Section 25: S'/2SW1/4 Section 36: N1/2NW1/4 for the purpose of constructing, reconstructing, installing, maintaining, repairing, and using a roadway for ingress and egress for all purposes, and for any and all utilities, extending to said real property from Garfield County Road No. 313, which easement shall be thirty (30) feet in width extending fifteen (15) feet on either side of the centerline of a roadway constructed in, over, under, across and through the southerly fifty (50) feet of the Grantor's real property in Garfield County, Colorado described as: Township 7 South, Range 91 West of the 6th P.M., Section 25: That part of the N1/2S1/2 extending West from the West Line of Garfield County Road No. 313 to a point thirty feet West of the Northeast corner of the SE1/4SW1/4, Section 25, Township 7 South, Range 91 West of the 6th P.M. TIIIS GRANT IS MADE TO CORRECT A SCRIVENER'S ERROR IN TIIE IDENTIFICATION OF GARFIELD COUNTY ROAD 313, AND GRANTEE'S REAL PROPERTY IN TIIAT GRANT OF NON-EXCLUSIVE EASEMENT RECORDED IN BOOK 1139 AT PAGE 609 IN TIIE OFFICE OF TIIE GARFIELD COUNTY RECORDER. The terms and conditions of the Easement shall be as follows: 1. The easement shall be non-exclusive. 2. The width of the easement shall be thirty feet. 3. Grantor reserves the right to use the premises in any manner that will not interfere with the rights of the Grantees hereunder. 4. Grantees shali have the right from time to time to cut all trees, shrubs, undergrowth and remove other obstructions that may interfere with, injure, or endanger the exercise by Grantees of the easement herein granted. 5. The rights herein granted shall run with Grantees' real property, and any part thereof, and the terms and conditions hereof shall be binding upon the heirs, personal representatives and assigns of the parties hereto. 9 1111211111111111111111111111 ir" 11 III 11111 1111 IIII ' 553750 10/18/1999 11 00A Bj P594 M ALSDORF 2 of 2 R 10.00 D 0.00 GARFIEL COUNTY CO It is mutually agreed and understood that this Grant of Easement as written covers all agreements and stipulations between the parties, and no other representations, oral or written, have been made modifying, adding to, or changing the terms hereof. Executed August 2 ] , 1999 GRANTOR: Chris Leverich GRANTEES: •\,-C onald L. Van Hoose Matthew L. Vitt 'loose STATE OF COLORADO ) ss COUNTY OF 7 i? 1(u.1 ) The foregoing instrument was acknowledged before me this 0277'1(ay of August, 1999, by Chris Leverich. Witness my hand and official seal. 61/9/2o03 My Commission Expires: STATE OF COLORADO COUNTY OF dd ) ss Notary Public The foregoing instrument was acknowledged before me this 'day of -August, 1999, by Om IN seIdx3 uolssiwwop AN 0dabeic ivlaitiiew L. 1'a ; 1C a: J E!onalJ' L. '.'z n :mac Witness my hand and official seal. My Commission Expires: r Ge) v�- otary Public '111 II FOF C0' -_f RY PV BARBARA WOOD DISTRICT COURT, WATER DIVISION 5, COLORADO Court Address: 109 Eighth Street, Suite 104 Glenwood Springs, Colorado 81601 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: DONALD L. VANHOOSE and MATTHEW L. VANHOOSE A COURT USE ONLY A STUVER & LEMOINE, P.C. Thomas W. Stuver - #1411 Attorneys for Petitioner 120 West Third Street Rifle, CO 81650 Telephone: (970) 625-1887 Fax: (970) 625-4448 Case No. 99 CW 277 Div: Ctrm: RULING OF REFEREE The above entitled application was filed in December 1999 and was referred to the undersigned Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92, Chapter 37, C.R.S. 1973, known as the Water Right Determination and Administration Act of 1969. An Amended Application for Change of Water Right and Application for Approval of Plan of Augmentation was filed in June, 2001, in response to recommendations set forth in a Summary of Consultation, by State Division of Water Resources, Water Division 5, Assistant Division Engineer, dated June 23, 2000. The undersigned Referee, having made such investigations as are necessary to determine whether the statements in the Amended Application are true and having become fully advised with respect to the subject matter of the Amended Application, does hereby make the following Ruling of Referee in this matter, to wit: 1. The statements in the Amended Application are true. • • Division 5 Water Court Case No. 99 CW 277 Ruling of Referee Page 2 2. The names, addresses, and telephone number of the Applicants are: Donald L. VanHoose and Matthew L. VanHoose 875 County Road 339 Parachute, CO 81635 (970) 285-6300 c/o Thomas W. Stuver Stuver & LeMoine, P.C. P.O. Box 907 Rifle, CO 81650 (970) 625-1887 3. Timely and adequate notice of the filing of the Amended Application was given as required by law. 4. No statements of Opposition to the original Application or the Amended Application were filed. The time for filing Statements of Opposition has expired. 5. Decreed name of structure for which change and augmentation plan is sought: Tolini Spring No. 1 6. Previous Decree: A. Date entered: September 26, 1984 Case No.: 84 CW 31 Court: Water Division No. 5 B. Decreed point of diversion: Tolini Springs No. 1 is located in the SE 1 /4NW 1/4, Section 36, Township 7 South, Range 91 West of the 6th P.M. at a point whence the NW corner of said Section 36 bears North 50°5'W 2141.0 feet, in Garfield County, Colorado. C. Source: The source of water for Tolini Spring No. 1 is a spring tributary to Timber Gulch, tributary to East Divide Creek, tributary to Divide Creek, tributary to the Colorado River. D. Appropriation date: May 29, 1944 Amount: 0.01 cfs absolute N Division 5 Water Court Case No. 99 CW 277 Ruling of Referee Page 3 E. Historic Use: The water rights to be changed and augmented have historically been used to fill Tolini Pond No. 1 and Tolini Pond No. 2 (also decreed as absolute water rights September 26, 1984 in Water Division No. 5, Case No. 84 CW 31 with appropriation date of May 29, 1994) which Ponds have been historically used for livestock watering, as decreed. 7. Proposed change: Applicants propose a change in the decreed use to include domestic use for up to three single-family residences, located in the S1/2SW1/4, Section 25, Township 7 South, Range 91, West of the 6th P.M. in Garfield County, Colorado together with irrigation of up to 6,000 square feet and watering of 5 head of non-commercial livestock for each of these residences. The water for these uses will be transported by pipeline from Tolini Spring No. 1 to the place of use. The single family residences will utilize individual septic systems and leach fields. Each residence with related irrigation and non-commercial livestock watering shall require not to exceed 0.75 acre feet annual diversion of water, not to exceed 0.40 acre feet of which shall be consumptive use, for a total diversion of 2.25 acre feet; 1.2 acre feet of which may be consumptive use. 8. Plan of Augmentation: Applicants have contracted with the West Divide Water Conservancy District for an allotment of water from Alsbury Reservoir equal to the proposed change (copy of Contract #AR010628VH(a) is appended to this Ruling.) Subject to the provisions of the Contract and requirements of the Division Engineer, the amount of water contracted from the West Divide Water Conservancy District shall be subject to release and administration at all times the changed uses are not in priority. A table of monthly diversions, depletions and anticipated reservoir releases, together with the engineering assumptions used to determine such amounts is appended hereto as Exhibit A. 9. Names and addresses of owners of land on which structure is located: Chris Leverich 735 West Bleaker Aspen, CO 81611 or • Division 5 Water Court Case No. 99 CW 277 Ruling of Referee Page 4 FINDINGS OF THE REFEREE: The Referee, having examined the information submitted by the Applicants, and having completed the investigations necessary to make a determination in this matter, does therefore conclude that the claims in the above -entitled Application should be granted as shown above, SUBJECT, HOWEVER TO ALL EARLIER PRIORITY RIGHTS OF OTHERS and to the integration and tabulation by the Division Engineer of such priorities in accordance with law. The plan for augmentation requested will not injuriously affect the owners of or persons entitled to use water under a vested water right or a decreed conditional water rights, and the plan for augmentation is approved in accordance with C.R.S. §37-92-305(3). Pursuant to C.R.S. §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 to vested water rights. Further, the applicant and its assigns understand that the lease supply is only for a limited period and if such lease should expire, fail to be renewed, is terminated, or an alternative source of replacement water is not included in this decree by proper amendment prior to such expiration, such curtailment of all out -of -priority diversions will occur.. Applicants shall install such measuring devices, provide accounting and supply calculations regarding the timing of depletions as may be required by the Division Engineer to facilitate the operation of this plan for augmentation and assure compliance herewith. The applicant shall also file an annual report with the Division Engineer by November 15t of each year summarizing diversions and replacements made under this plan. Applicants shall form a Homeowners Association comprised of the owners of the residences to be served by the Plan of Augmentation. The Homeowners Association shall own the water rights and West Divide Water Conservancy District allotment contract, shall be responsible for the administration of the Plan of Augmentation and for ensuring that the foregoing requirements of this decree are met. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial Review. Division 5 Water Court Case No. 99 CW 277 Ruling of Referee Page 5 It is furr:her ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated 7 Copy of the foregoing mailed to all aa"Aounsel of recordater Referee, ---Div. Engineer and State Engin+)-tDate /—r2S — 0,1a C. rnhAC. Dadpirt9 C1kett Whir► bK: #le. BY THE REFEREE: Wate Referee Water Division No. 5 State of Colorado No protest was filed in this matter, and accordingly the foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court; provided, however, that the approval of this plan for augmentation shall be subject to reconsideration by the Water Judge on the question of injury or to Jae vested rights of others during any hearing commencing within a period of five years after seventy-five percent (75%) build -out of the development. Dated 7 tgo lry4 44c siagtailuct to ar: Gegriitet gf re%;iord--Water Pfeferee,,-oiv. tur n State Engineer—Date rr-- fl ubHlMfMMNn.Neb ater Judge RECEIVED FEB 2 2 2002 VANHOOSE WATER REQUIREMENTS AND AUGMENTATION SCHEDULE CASE NO. 99CW277 Values in Acre Feet MONTH DIVERSIONS (1) DEPLETIONS (1) AUGMENTATION (2) January 0.1 16 0.032 0.032 February 0.104 0.029 0.029 March 0.116 0.032 0.032 April 0.125 0.046 0.046 May 0.286 0.188 0.188 June 0.334 0.236 0.236 July 0.324 0.225 0.225 August 0.248 0.154 0.154 September 0.225 0.1 36 0.136 October 0.144 0.059 0.059 November 0.112 0.031 0.031 December 0.116 0.032 0.032 Annual 2.250 1.200 1.200 (1) 3 homes @ 350 GPD, 15% C.U. 18,000 s.f. lawn irrigation @ 2.14 AF/AC, 1.88 AF/AF C.U. 15 horses @ 15 GPD, 100% C.U. (2) Releases from Alsbury Reservoir under contract with West Divide Water Conservancy District EXHIBIT A RevLred March 2001 APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT Contract 4 AR010628VH(a) Map #2 Date Activated: 06/28/01 1. APPLICANT INFORMATION Name: Donald L. Van Hoose and Matthew L. Van Mailing address: 1740 County Road 241 New Castle, Colorado 81647 Telephone: Authorized agent: (970) 984-2528 Thomas W. Stuver, Stuver & LeMoine, P5" 5. LOCATION OF STRUCTURE Garfield SEI NW1 Hoose county Quarter/quarter Quarter 7 Snjth 01 th Section Township Range Principal Meridian See map attached 2. WATER COURT CASE # 99CW 277 3. USE OF WATER ® RESIDENTIAL (check applicable boxes) r 21 Ordinary household use Number of dwellings: 3 0 Subdivision: No_ constructed units: c No_ vacant Lots: 3 El Home garden/lawn irrigation of /o, con sq_ $. e xc11 Method of irrigation: 0 floxd 0 sprinkler 0 drip 0 other g Non-commercial animal watering of 5 animals each Well Sharing Agreementf or multiple owner wells must be submitted D COMMERCIAL (check applicable boxes) Number of units: Tctal sq. ft of commercial units: Description of use: 0 INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from he pond: 0 MUNICIPAL Description of use: 4. SOURCE OF WATER Structure: Tol ip1 Spring Vn Structure Name(tribtlta ' Source: ®Surface ■Storage Current Permit # Ott' of well from section lines Well location address: (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILT BE USED (Legal description may be provided as an attachment_) S;SW1 Sar'tinn ?ri Tnwnchi l 7 Snu±h Ranna 41 of t1e Rth P M rfifalrl Number of at.i ca in tract: County Inclusion into the District, at Applicant's expense, may be required. 7. TYPE OF SEWAGE SYS 1i2rI Fri Septic tank/absorption leach field DCentral system DOther District name: 8 NUMBER OF EQR: 3 [1 EQR equals the volume ofleased water needed to augment water use for 1 single family residence, irrigation of 6000 sq. ft., and the watering of 5 non-commercial livestock, not to exceed .75 a_L diversion and .4 al consumptive. ] Leased amount based on diversions unless contractee has an augmentation plan or submits supporting monthly engineering data. Commercial, municipal, and industrial users must provide diversion and consuanptive data on a monthly basis A totalizing flow meter with remote readout is required to be installed at the time the well is drilled and usage reported to West Divide, upon request. Applicant expressly acknowledges it has had the opportunity to review the District's form Water Allotment Contrail and agrees this application is made pursuant and subject to the terms and conditions contained therein. u Applicant Signature Donald L. Van Hoose • ry to dex"„../ CGround water East Di videii'jat., I (ifapplicable)Creek Applicant Signature Matthew L. 0 Direct Pumping: Tnbutaiy. Location: Application Date: an Hoose • • 77 7 .5, GAFF/ EGO OF- THE .-.T COU A/7 y, COLo/FA .0o 7-0L/N/ S/-VT'///G No. 1 Sc 9Lt-- 4.0 . IRow PiPt-/z??ASS CAP Z 2 { -TECT/ ON CORA/E./5' 77E: /1/..SO� 2/41.0' SE -y NWy Sec .3 6) Nu/i� (Sc- 36) /yc 7A rRauGN fines r SURVEYORS CE:ZTIFICATE: eovAeo.1 Fy 1 iNC GvLcN DRRJJJAGE o 4o GINE =o SPA/.v6 � S 3731 _F So aF f -he - Alp i -ti, Sec -750A/ Line 4-' /,6-4-2' " .dst OF frit NiE:� Sec -i '7 '/.� . of a� 36 TOLINI SPRING No.1�ix-o`er / situated in the SECNWk, Section 36, T,7S.,R.91W, Garfield County, Colorado This is to certify that Solar Country/E.S.T.Inc, performed a field survey on the 9th. day of October, 1983 of the Tolini Spring No. 1 as shown hereon. • Oct. 24,1983 Job No. 1082-•209 A �p • REVISED May 2001 • Contract #AR010628VH(a) Map #2 Date Activated: 06/28/01 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant (lnnald 1 _ Van Hnntp and Matthew 1 Quantity of water in Acre: Feet Evan Noose 2.25 a.f. diverted; 1.2 a.f. consumptive Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, ocaa,i 1 pursuant to and existing by virtue of CRS. 1973,. §37-45-101, et seq., (hereinafter referred to as the "District") far an allotment contact to beneficially and perpetually use ,water or water rights owned, leased, or hereafter acquired by the District By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Wate;-Rights: Applicant shall own waterrights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity_ Water applied for by the Applicant in the amount set forth above she it be diverted at Applicant's point of diversion from the Districts direct flow water ruts, and when water is unavailable for diversion pursuant to administration by the Colorado State En iteer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the D ista ict. It is understood that any quantity allotted from direct Sow, storage or otherwise, to the Applicant by the Districtwill be limina by the priority of the District's decrees and by the physical and legal availability of water fiam Districts sources. Any quantity allotted will only be provided so long as water is available and the Applicant frily complies with all of the terms and conditions of this Contract The District and the Applicant recognize that some of the Districts decrees may be in the name oldie Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent ofthe Colorado Rivir Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein - provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates ahall be adjusted accordingiy in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the tocol that:2rredi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70- 1iO547 between the United States and the West Divide Water CcaasrrvaneyDistrict). Applicants beneficial use of any and all water allotted shall be within or through facilites or upon land owned, leased, operated, or under Applicants control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Greer Mountain Reservoir, Alsbury Reservoir, or other worts or facilities of the District, or from other sources s available to the District, shall be delivered to the 1 Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or pokes shall constitute performance of the District's total obligation. Delivery of water by the District fuel Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United Settee Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby tepte ely reserves the right to store water- and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the -Applicants allocation net delivered to or used by Applicant by the end of each water year (October 1), shall revert tai the water supplies of the District. Such reversion shall not entitle Applicant to any rebind of payment made for such water. Water service provided by the District ehe11 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 grerr amount at new or alternate points of diversion_ The District shall request the Colorado Division ofWater Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. 5. • Alternate Point of Diversicn and Plan of Auitarics Decrees for a lreeeere points of diversion oldie Districts water rights or storage water may be required in order for Applicant to use the water service ceutempiated hereunder. Obtaining such deer= is the exclusive responsibility of Applicant The District reserves the right to review and approve any conditions which tray be attached to judicial approval of said alternate point of diversion as contanplated or necessary to serve Applicant's facilities or lands_ Applicant acknowledges and agrees that it shaft be solely responsible fce free procedures and legal engineering costs nee-seery for any changes in water rights contemplated heessa, and farther agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing worts and facilities nrree ery to obtain/divert the creates at said alternate point of diversion and deliver then to Applicant's intended beneficial use. Irrespective of the atnount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount ofwater allotted under this Contra In rive event the Applicant intends to apply fir an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize lize the water allotted to Applicant hereunder, the Applicant cha►I give the District written nod= of such intent. In the event the Applicant develops and adjudiceree its own augmentation plan to ,mine- the water allotted haemder, Applicant mit not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papas filed with the water count in the adjudication thereof 6. Contract Payment Non --refundable, one time eve charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payma t for the wets service described herein shall be determined by the Board ofDirectors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, ofthe water delivery year to which the initial payment shall apply and the price which is applicable to that year. 2 Annual payments kr each year thereat= shall be due and payable by the Applicant on or before each January 1. Ilan annual payment is not made by the due date a flat S50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract oFApplication. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notices and delivery may be immediately curtailed The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon ancellaticn of this water allotment Contract with the District the District shall notify the Division ofWater Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment ofwater rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in conner ion with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any a•csignnment of Applicant's rights under this Contract shall be subject to, and must comply with, suer regrirczne rs as the Disuict may hereafter adept regarding assignment of Contract riinc and the assumption of Contract obligations by assignees and successors. Nothing herein ¢hall prevent sitr--essors to a portion of Applicant's property from applying to the District for indivirhnal and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing ofproper 5orms for assignment and change ofownetship. In the event the water allotted pursuant to this Centrad is to be used for the benefit ofland which is now or will subsequently be subdivided or hdd in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No mare than three separate owners all ofwham shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or ether special district ply organized and existing under the laws of the State of Colorado, and then, only if such parties, association cr special district establishes to the satisfied ofthe District that it has the ability and authority to perform the Applicant's obligations~ under this Contract. In no event shall the owner ofa portion, but less than all, ofthe Applicant's property to be served under this Contract have any rights hetrander, except as such rights may gist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale afthe real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assigmneat and change of ownership must be completed 9. Other Rules; Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations ofthe Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 3 10. Operation and Maintenance Agreen3e tt Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sok discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual • monetary consideration for extension ofDisttict delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant 11. Change of Use_ The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Pta of -Use: Applicant agrees to use the wars in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintmiance agreement provided by Applicant Any use other than as set cot di thereon cr any lease or sale of the water or wars rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referral to herein. 14. Conservation: Applicant Shall use commonly acc.�pted conservation practices with icapect to the water and water rights 1ic can, and hereby agrees to be bound by any aasen/a al play adopted hereafter by the District for use of District owned or control led water or water rights. 15. Restrictions: Applicant shall i dict actual diversions to not exceed the contract amount, which provides water (on the formula of cne nae fix* per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also canply with all reshicticns and limitations set forth in the well permit obtained from the Colorado Division of Wane Resources. Watering of livestock shall be restricted to Applicants domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall arena i diversions exceed the amount of water provided by this Contract Violation of this paragraph 15 shall be deemed to be a material breach of this Contract 16. Well Permit If Applicant intends to divert through a well, thea Applicant must provide to District a copy of Applicinfs valid well permit before District is obligated to deliver any water hereunder. 17. MenStrintzDevi= or Meet; Applicuttagrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and a= rateiy measure at all times 4 • • all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings fivrn such device or meter to District upon District's request Applicant acknowledges that failure to comply with this paragraph could result in -. legal action to terminate Applicants diversion ofwater by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's propemy during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Representations: By executing this Contract, agrees that it is not relying on any legal or engineering advice that Applicant may believe has hero received from the District. Applicant further acknowledges that it has obtained all nee -glary legal and engineering advio frcm Applirmr's own sources other than the District Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality ofwater available pursuant to this Contra=. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filinst,and Augmentation Plan: Should the District, in its own discretion, choose to include r Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee represscating the District's acrua1 and reasonable costs and fees for Applicant's share of the prongs. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicants Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement '-his agreement shall not be complete nor binding upon the District unless attar4ted hereto is the form entified "Application and Data Form to J ease Water From West Divide Wale: Conservancy District" fully completed by Applicant and approved by the District's engineer. Said aitachmeais shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this nett=coca incorporated into this agreement as further terms and conditions of this agreement_ 21. Warning: IT IS THE SOLE RESPONSIBILITY OF lldh APPLICANT TO OBTAIN A VALID WFT 1 PERMIT OR OTHER WAIER RIGH TIN ORDER TO DIVERT WATER, INCLUDING TEE WA1r.R ACQUIRED UNDER THIS CONTRACT. 1T IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PER TTS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYINGTHE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE AREA B, CONTRAC 1 a: IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS Ldh. SUBJECT OF THIS IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY TEE DISTRICT, TEEN THIS PARAGRAPH APP. TFC: THE AUGMENTATION WATER PROVIDED BY Lthb. DISTRICT UNDER TRIS CONTRACT MAY ONLY PROTECT APPLICANTS WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY TEE DISTRICT. IF THIS IS A CONCERN 10 APPLICANT, TEIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE I1bIIvfEDIA IELY REFUNDED TO APPLICANT. c`52/Z)0,--.174-7-LT—. Applicant - Donald L. Van Hoose Applicant - Matthew L. Van Hoose STATE OF de- o ) /) ss. COUNTY OF ;�:.�, `� ) / _ a I y. The foregoing instrument was acknowledged before me on this -day of Witness my hand and official seaL My commission e Aires: S - - 5-c 3 ORDER , 20 by Notary Public" After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District. Al1hST.. Contract_ • Secretary �1 WEST DIVIDE WAIER CON • VANCY DISTRICCTT BY President Date This Contract includes and is subject to the terns and conditions of the following documents which must accompany this 1. Map showing location of pount of diversion (use map provided) 2. Application and Data Form fully completed and signed 6 ■■■■■1 1 E URC ■■■■■ ■.■■■ E N G I N E E R I N G I N C. Thomas Stuver, Esq. Stuver and LeMoine, P.C. PO Box 907 Rifle CO 81650 October 18, 2001 RE: VanHoose Water Rights - Case No. 99CW277 Dear Tom: Attached is a monthly water requirements table and augmentation schedule for the VanHoose water rights case. It is provided at your request. The values are based on commonly accepted water use amounts for single family homes and livestock watering. The irrigation use is based on the Blaney Criddle method assuming sprinkler application of water. The amounts for annual diversions and depletions are consistent with the proposed decree. We believe that the table will satisfy the Division Engineer's concern expressed in Item No. 1 in the Summary of Consultation in this case. If you have any further assistance, please call me. Sincerely, RES • RCE ENGINEERING, INC. Paul S. Bussone, P.E. Water Resources Engineer PSB/mmm tstuver vanhoose wr.rei.wpd Attachment N •-- .RECE!VEn 07 ? 2 71101 Consulting Engineers and Hydrologists 909 Colorado Avenue ■ Glenwood Springs. CO 81 601 ■ (970) 945-6777 ■ Fax (970) 945-1137 VANHOOSE WATER REQUIREMENTS AND AUGMENTATION SCHEDULE CASE NO. 99CW277 Values in Acre Feet MONTH DIVERSIONS (1) DEPLETIONS (1) AUGMENTATION (2) January 0.116 0.032 0.032 February 0.104 0.029 0.029 March 0.1 16 0.032 0.032 April 0.125 0.046 0.046 May 0.286 0.188 0.188 June 0.334 0.236 0.236 July 0.324 0.225 0.225 August 0.248 0.154 0.154 September 0.225 0.136 0.136 October 0.144 0.059 0.059 November 0.1 12 0.031 0.031 December 0.1 16 0.032 0.032 Annual 2.250 1.200 1.200 (1) 3 homes @ 350 GPD, 15% C.U. 18,000 s.f. lawn irrigation @ 2.14 AF/AC, 1.88 AF/AF C.U. 15 horses @ 15 GPD, 100% C.U. (2) Releases from Alsbury Reservoir under contract with West Divide Water Conservancy District N Recieved from: JOHN C. KEPHART & CO. LA AT - 4Ig 4osNORTH AVENUE • PHONE 242-761e • snAwoJUNCTION, COLORADO e/so1 ANALYTICAL REPORT Donald Van Hoose 0875 Co Rd 339 Parachute, CO 81635 Leo Swartzendruber (970)625-2229 Rifle Realty 2803 water Customer No. Laboratory No. ��� • Date Receive1/19/o0 Date Reporte7//n/7000 Lab number Sample ID 2803 Public Drinking Tolini Spring No. 1 Supply Limits Arsenic(As) 0.000 mg/1 0.05 mg/1 Barium(Ba) 0.28 mg/1 2.0 mg/l Cadmium(Cd) 0.0000 mg/1 0.005 mg/1 Chromium(Cr) 0.000 mg/1 0.1 mg/1 Fluoride(F) 0.11 mg/1 4 mg/1 Lead(Pb) 0.000 mg/1 0.015 mg/1 Mercury(Hg) 0.00000 mg/1 0.002 mg/1 Nitrate(N) 0.19 mg/1 10.0 mg/1 Selenium(Se) 0.005 mg/1 0.05 mg/1 Silver(Ag) 0.0000 mg/1 0.05 mg/1 Color(Co/Pt unit) 0 no official limit Bicarbonate(HCO3) 246 ma/1 no official limit Carbonate(CO3) 0 mg/1 no official limit Turbidity(NTU) 0.5 1 Born(B) 0.08 mg/1 no official limit Copper(Cu) 0.003 mg/1 1.0 mg/1 Iron(Fe) _ 0.02 mg/1 0.3 mg/1 Manganese(Mn) 0.005 mg/1 0.05 mg/1 Molybdenum(Mo) 0.000 mg/1 no official limit Ammonia(N) 0.08 mg/1 no official limit Phosphate(P) 0.00 mg/1 no official limit Zinc(Zn) 0.002 mg/1 5.0 mg/1 NOTE: All of the above parameters met standards for public drinking water supplies' Lab Dir.: Brian S. Bauer • TIMBER GULCH HOMEOWNER'S ASSOCIATION WATER RIGHT SHARING AND MAINTENANCE AGREEMENT THIS AGREEMENT is entered into on the date set forth below to be effective , 2002, by and among DONALD L. VAN HOOSE whose address is 875 County Road 339, Parachute, Colorado 81635 and MATTHEW L. VAN HOOSE, whose address is 875 County Road 339, Parachute, Colorado 81635, owners in fee of those real properties described as Lot 1 and Lot 2, Van Hoose Timber Gulch Subdivision Exemption, Garfield County, Colorado and WILLIAM A. BARNES, whose address is 804 Colorado Avenue, Glenwood Springs, Colorado 81601, owner in fee of that real property in Garfield County, described, to wit: Township 7 South, Range 91 West of the 6`" P.M. Section 25: S'/2S'/2SW'/4 WHEREAS, each of the parties and their successors in interest are to be the joint owners of water rights and a plan of augmentation which are the subject of District Court, Water Division No. 5, Case No. 99CW277, and shall be joint owners of the water rights and augmentation plan as approved therein, for the benefit of their respective properties; and WHEREAS, the changed uses of water rights and plan of augmentation described in Case No. 99CW277 shall be utilized by said owners as lawful water rights; and WHEREAS, the water system required for collection and delivery of said water rights shall require continuing maintenance and operation, the costs of which must be borne by the owners and users thereof; and WHEREAS, compliance with the augmentation plan requires maintenance of contractual relationships with the West Divide Water Conservancy District; and WHEREAS, said owners as parties hereto desire to enter into this agreement for the purpose of clarifying respective rights and duties and establishing easements and procedures for jointly operating the water system and delivering water to the properties of the owners, and for providing a method for equitably dividing the water derived from operation of the system, and for equitably allocating the shared payment of costs of operation and maintenance of the water system and the contract with the West Divide Water Conservancy District; and for establishing their existence as an unincorporated nonprofit association pursuant to the Colorado Uniform Unincorporated Nonprofit Association Act, to be known as "The Timber Gulch Homeowner's Association." NOW THEREFORE, in consideration of the mutual obligations, promises, and covenants set forth herein, and the due performance thereof, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, including but not limited • to the acceptance of the benefits and detriments deriving herefrom, the above-named parties agree as follows: 1. Each of the respective owners of the Van Hoose Timber Gulch Exemption lots and the Barnes property shall be deemed to own an undivided one-third (1/3) share of the change of water rights and plan of augmentation decreed in Case No. 99 CW 277 through the Timber Gulch Homeowner's Association which association the respective owners hereby declare to exist among them, for the purposes stated herein.. 2. No owners of the respective properties are deemed to have any ownership right in and to any pipe, pipeline or other structure used or required solely by the owner of another of the properties which may utilize any portion of the water flowing from this water system and its structures. This agreement does not intend to relate to such individually owned or used rights or structures. Nothing in this agreement shall be construed to give any party any rights to such non -shared property of other parties nor to obligate any party to pay any costs associated with non -shared structures. 3. The parties shall cooperate with each other at all times in all matters necessary to promote the proper construction, completion and functioning and use of the water system in such manner as to provide to their respective uses an optimum water supply on demand at all times possible based upon the natural availability of water, subject to the limitations for each residence and related irrigation and non-commercial livestock watering set forth in the plan of augmentation and the contract with West Divide Water Conservancy District. The parties agree to not waste water and to endeavor to use no more than their respective shares of the available water. At this time it is agreed that no individual water meters must be installed. If at any time after the date hereof, any party requires that meters be installed, then each of the parties shall install meters at the individual expense of each party. Waste or over -use shall be deemed to be a material breach of this agreement for which the non -defaulting parties may seek remedy at law or equity for damages or for injunctive relief, or both. Irrigation uses shall be limited to not more than 6,000 square feet of lawn and garden on each of the respective properties. Unless otherwise agreed by each owner, no owner of any one of the properties shall use more than one-third (1/3) of the water legally allocated under the decree. In the event the water physically available from the Tolini Spring No. 1 is less than the legally available amount, then each owner shall proportionately reduce the consumption of same to one-third (1/3) the amount actually available. Any household use of the water must provide for return flow through an individual disposal system of the non -evaporative type, returning the water to the Timbergulch/East Divide Creek watershed. 4. The party first constructing residential improvements on any lot shall be responsible for the initial cost of constructing the collection system and pipelines. Following the initial construction, the actual and continuing costs of operation, maintenance, construction, extension, upgrading, cleaning, repairing and all other work required on shared components of this water system to cause the water at the spring head to become and remain available to deliver water to the parties shall be shared by the parties in proportion to their share in the well. This agreement shall relate only to costs incurred after the date hereof. No operational costs will be charged to any 2 • • party until such party actually makes a physical connection to the well and begins using water from same. 5. Subject to the provisions in paragraph 4 above, any party who has been using water from this system and at any time elects not to share in costs, necessary repairs, maintenance, replacement and the like necessary to maintain the water system and delivery of the subject water, shall not receive water from the system. At such time as said electing party chooses to resume use of water from the system said party may do so upon reimbursement to the other users the full cost of said party's share of such expenditures with legal interest retroactive to the expenditure date. 6. The owners agree to cooperate in the future maintenance, operation, repair, replacement or improvement of all common facilities and compliance with the provisions of the decree entered in Case No. 99 CW 277. In the event the owners are unable to agree on any required maintenance, repair, replacement or improvement, any owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event an owner determines to undertake such work unilaterally, such owner shall notify the other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners with a written statement of work performed and the other owners' proportionate share of the cost of same. In the event an owner fails to pay the proportionate share of any amount due within thirty (30) days after presentment, the owner which has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity for a breach. The Court, in its discretion, may award to the prevailing party Court costs and attorney's fees incurred. 7. The respective owners hereby grant and dedicate permanent, non- exclusive easements across their respective properties, necessary and sufficient for this Agreement to be performed for the benefit of the respective owners of the properties, as users of the shared water rights and common pipelines and treatment system and structures, and also grant non- exclusive easements for non -shared or individual pipelines conveying water to the respective lots. 8. Each party agrees to not interfere at any time with the proper use by any other party of its interest in any water structure and shall indemnify and hold harmless all other parties and users from any loss or damage or injury caused by the acts of said indemnifying party. 9. The term hereof shall be perpetual. 10. This agreement shall be binding upon and inure to the benefit of the parties, and their assignees or successors, and the easements and covenants granted or agreed to herein shall be deemed to run with the land and shall encumber the land of each party for the benefit of the properties of the parties as described herein. 11. The laws of the State of Colorado shall govern the validity, effect and construction of this Agreement. 3 • • 12. This agreement contains the entire agreement among the parties and may not be modified in any manner except by an instrument in writing signed by the owners of each of the respective properties. IN WITNESS WHEREOF, the parties have signed this agreement on the dates following their respective signatures. Donald L. Van Hoose Matthew L. Van Hoose William A. Barnes STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) DATE: DATE: DATE: The foregoing instrument was acknowledged before me on this day of , 2002, by Donald L. Van Hoose, Matthew L. Van Hoose and William A. Barnes. Witness my hand and official seal. My commission expires: 4 Notary Public • • QUIT CLAIM DEED THIS DEED, made this day of , 2002, between Donald L. Van Hoose and Matthew L. Van Hoose of the County of Garfield and the State of Colorado, grantors, and Donald L. Van Hoose, Matthew L. Van Hoose and William A. Barnes, associated as an unincorporated association known as the Timber Gulch Homeowner's Association, whose legal address is 875 County Road 339, Parachute, Colorado 81635 of the County of Garfield and State of Colorado, grantee. WITNESSETH, that the grantors, for and in consideration of the sum of Ten ($10) dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold and QUIT CLAIMED, and by these presents do remise, release, sell and QUIT CLAIM unto the grantee, its, successors and assigns, forever, all the right, title, interest, claim and demand which the grantors have in and to: Those water rights in Tolini Spring No. 1 under plan of augmentation approved by ruling and decreed in District Court Water Division No. 5, Case No. 99 CW 277, including grantors' West Divide Water Conservancy District Contract #AR010628VH(A). TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantors, either in law or equity, to the only proper use, benefit and behoof of the grantee, its successors and assigns forever. IN WITNESS WHEREOF, the grantors have executed this deed on the date set forth above. Donald L. Van Hoose Matthew L. Van Hoose STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this day of , 2002, by Donald L. Van Hoose and Matthew L. Van Hoose. Witness my hand and official seal. My commission expires: Notary Public • • GARFIELD COUNTY Building and Planning Department September 13, 1999 RE: Van Hoose Timber Gulch Mr. Thomas Stuver, Esq. Stuver & George, P.C. P.O. Box 907 Rifle, CO 81650-0907 Dear Mr. Stuver: Thank you for your submittal of the Van Hoose Timber Gulch Subdivision Exemption application. A preliminary review of the application has been conducted and the following were noted ■ A letter of approval from the Fire Protection District was missing from the application (pursuant to section 8:42E). ■ For clarification ,please advise me as to why Parcel 3 was excluded from the covenants. • Exhibit 2, the ruling of the referee #86CW184, #6, refers to decree #86CW185. Please provide a copy of this information (pursuant to section 8:42D). Thank you for your attention to these details. I look forward to working with you on this application. Please do not hesitate to contact me in the event you have any questions. Sincerely, Kit Lyon Senior Planner Tel: 945-8212/Fax: 945-7785 109 8th Street, Suite 303 Glenwood Springs, CO 81601 THOMAS W. STUVER RUSSELL GEORGE MELODY D. MASSIH • • STUVER & GEORGE, P.C. ATTORNEYS AT LAW 120 WEST THIRD STREET P. 0. BOX 907 RIFLE, COLORADO 81650 September 16, 1999 Kit Lyon, Senior Planner Garfield County Building and Planning Dept. 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Dear Kit: Re: Van Hoose Timber Gulch TELEPHONE 970 - 625-1887 FAX 970 - 625-4448 Thank you for your letter of September 13, 1999. As requested, I am submitting to you herewith a copy of the Ruling of Referee in Case 86CW185. Please let me know if you need further information concerning the water rights. As our application indicates, we submitted a copy of the application to Burning Mountains Fire Protection District on August 27. The Fire District typically takes several weeks to respond. I am confident that we will have a response in time for the scheduled hearing on the application. "Parcel 3" is not included in the covenants because it is more than 35 acres in area and, will not be utilizing the water supply for the exempted lots nor, being a tract of 120 acres is it subject to the subdivision regulations. Although, the sketch provided you refers to Lot 1, 2, and 3, the final plat of the subdivision exemption will likely designate the exempted lots as parcel or lot numbers 1 and 2 and simply refer to the 120 acre tract as the "remaining acreage". Thank you for your attention to this application. Very truly yours, STUVER & GEORGE, P.C. Ths W . t ver TWS:jm Enclosures cc Donald L. and Matthew L. Van Hoose RECEIVED SEP 1 7 199 • DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Application No. 86CW185 RULING OF REFEREE • • C1 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF PETER E. TOLINT-AND PAULINE TOLINI, IN THE COLORADO RIVER, OR ITS TRIBUTARIES, TRIBUTARY INVOLVED: TIMBER GULCH, IN GARFIELD COUNTY The above entitled Application was filed on July 10, 1986, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 12th day of August, 1986, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the Application are true and having become fully advised with respect to the subject matter of the Application does hereby make the following determination and Ruling as the Referee in this matter, to -wit: 1. The statements in the Application are true. 2. The name of the structure is Tolini Pond No. 6. 3. The names of the Claimants and address: Peter E. Tolini and Pauline Tolini; 2359 250 Road; Silt, Colorado 81652. 4. The source of the water is from Tolini Spring No. 8 decreed in 86CW184 which is tributary to Timber Gulch, tributary to East Divide Creek, tributary to Divide Creek, tributary to the Colorado River. 5. The pond outlet is in the NW1/4NW1/4 of Section 36, T. 7 S., R. 91 W. of the 6th P.M. at a point 258 feet South of the North line and 760 feet East of the West line of said Section 36. 6. The use of the water is stock watering. 7. The date of initiation of Appropriation is May 29, 1944. 8. The amount of water claimed is 0.023 acre foot of water, absolute. 9. On November 19, 1986, the Water Referee and the Water Commissioner made an on-site investigation of said pond. The Referee does therefore conclude that the above entitled Application should be granted and that 0.023 acre foot of water is hereby awarded to Tolini Pond No. 6, for stock watering purposes, with Appropriation date of the 29th day of May, 1944, absolutely and unconditionally; subject, however, to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. 17,5 (XI) Tolini 86CW185 Ruling of Referee Page 2 It is accordingly ORDERED that Clerk subject to Judicial review. this Ruling shall `�, CP ': i i1!' •f (0 M ';`:.<,, ,i' �3 be filed with ne, Water}' c��j, filed with the It is further ORDERED that a copy of this Ruling shall be appropriate Division Engineer and the State Engineer. Dated u�,.�c.- /yB G Copy of the foregoing mailed certified to all Counsel of Record Water Referee ;Div. Engineer Ste Engi eer�,Oatei.?-..3 D u.t Clerk iWater Div. No. 5 BY THE REFEREE: Watereferee Water Division No. 5 State of Colorado No protest was filed in this matter. The foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court. e Zc, . Dated -Waterudge Copy of the fo> going mailed to all Counsel'' of Record ,Water Referee., Div. Engineer -,State Engineer'_, Date, 2 -.?9-: !'.�•; u z,/1 c ( , Deputy Clerk Water Div. No. 5 a*, '6. ti -c. For your records For your review and comment For your approval, endorsement and return to me For filing in your office ER & GEORGE,• , P.C. ATTORNEYS AT LAW TRANSMITTAL LETTER DATE: August 31. 1999 TO: Garfield County Building & Planning HAND DELIVERED I AM SENDING YOU: X X 120 West Third Street P.O. Box 907 Rifle, Colorado 81650-0907 Telephone 970 / 625-1887 Fax 970 / 625-4448 RE: VAN HOOSE TIMBER GULCH SUBDIVISION EXEMPTION PETITION Copy of letter from Court Pleadings: Van Hoose Timber Gulch Subdivision Exemption Petition - Two Copies Stuver & George Check No. 024854 in the amount of $300.00 recorded in Book at Page County records recorded in Book at Page County records recorded in Book at Page County records THESE ARE SENT TO YOU: REMARKS: Very truly yours, STUVER & GEO By. Thomas W. Stuver TWS/bjw RECEIVED AUG 3 1 1999