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HomeMy WebLinkAbout1.08 Water Rights & SupplyCORONA WATER LAW Craig V. Corona, Esq. 218 E. Valley Rd. #104 PMB 166 Carbondale, CO 81623 (970) 948-6523 cc@craigcoronalaw.com Via E-Mail July 26, 2024 Glenn Hartmann, Community Development Director Garfield County Community Development 108 8th St., Ste. 401 Glenwood Springs, CO 81601 Email: ghartmann@garfield-county.com RE: Aspen Polo Partners LLP / McClure River Ranch PUD Zone 2 Adequate Water Supply Dear Glenn, This letter is on behalf of Aspen Polo Partners LLP (“APP”) regarding APP’s application for Preliminary Plan for the McClure River Ranch Zone 2 development. The purpose of this letter is to demonstrate that APP has an adequate legal and physical water supply for the Zone District 2 development. Legal Water Supply. Domestic Use. APP will supply Zone District 2 with its APP Common Well No. 7 which is permitted under a Division of Water Resources well permit, attached as APP’s well permit no. 84785. A copy of the well permit is also available via the following link [Well Permit No. 84785]. Well permit no. 84785 permits APP to supply both Zone District 1 and Zone District 2. For Zone District 2, the permit authorizes use for ordinary household purposes inside forty-two single family dwellings, drinking and sanitary facilities in a residential community center, and a 2,300 square-foot greenhouse. The current plan is to develop only 12 single family homes with allowances for ADUs. So that APP may continue to use the well during senior water rights calls, APP obtained a water allotment contract from the Basalt Water Conservancy District for Zone District 2. A copy of contract no. 702 is attached to this letter and available via the following link [Basalt District Mr. Glenn Hartmann Community Development Director ___________________________ Contract No. 702]. The Basalt District contract covers the same uses as allowed under the well permit. Based on that, APP has a legal water supply for domestic in-house use in 42 single family homes, a residential community center and a greenhouse. APP’s current plan is for only 12 single family dwellings with ADUs, so the legal water supply available exceeds what is required. Irrigation Use. Water for ponds and irrigation is provided by APP’s ditch water rights in Zone District 2, described as follows: 1. 0.75 cfs, Lower Ditch, Priority No. 23, decreed for irrigation use with an appropriation date of April 15, 1882. 2. 1.67 cfs, Middle Ditch, Priority No. 83, decreed for irrigation use with an appropriation date of April 17, 1884. A copy of the deed by which APP acquired these water rights is attached to this letter and available via this link [Water Rights Deed]. Physical Supply. APP Common Well No. 7 produces well enough to supply the 42 residential units originally contemplated for Zone District 2. Attached to this letter is the report of Resource Engineering (now LRE Water) dated November 15, 2017 (also available via this link [Resource Report]). The Resource Report describes a 24-hour pump test conducted on October 31, 2017. The results from that test indicated the well would produce between 50 and 60 gpm and that there was an adequate yield to serve the proposed development in Zone District 1 and Zone District 2. Also attached is a November 10, 2017 Resource Engineering report on the well’s water quality tests in which Resource concludes that the water meets all primary and secondary drinking water standards. Supplemental Supply. APP also has a second well permit [Permit No. 89030-F] to provide supplemental or backup supply for Zone District 2 development. This well will operate in conjunction with APP Common Well No. 7 under Basalt District Contract No. 702. Based on the foregoing, we anticipate APP has satisfied the requirement to demonstrate adequate legal and physical water supply for the Zone District 2 development. Please don’t hesitate to contact me or Jon Fredericks with any questions or concerns. Mr. Glenn Hartmann Community Development Director ___________________________ Sincerely, Craig V. Corona cc: Mr. Peter Rizzo Mr. Marc Ganzi Mr. Jon Fredericks att: EXHIBIT A – Well Permit No. 84785-F (known as APP Common Well No. 7) & Well Permit No. 89030-F (known as APP Zone 2 Well No. 1) EXHIBIT B – Basalt Water Conservancy District Water Allotment Contract No. 702 EXHIBIT C – Bargain and Sale Deed and Assignment of Water Rights EXHIBIT D – Water Demand and Supply Report; Resource Engineering, 11/15/17 EXHIBIT E – Well Water Quality Analysis; Resource Engineering, 11/10/17 ORIGINAL PERMIT APPLICANT(S) AUTHORIZED AGENT ASPEN POLO PARTNERS LLP CORONA WATER LAW (CORONA, CRAIG) APPROVED WELL LOCATION Water Division: Designated Basin: Management District: County: Parcel Name: 5 N/A N/A GARFIELD MCCLURE RIVER RANCH Water District: 38 Well to be constructed on specified tract of land Northing: 4363856.0 UTM COORDINATES (Meters, Zone:13, NAD83) 315419.0Easting: WELL PERMIT NUMBER 84785-F RECEIPT NUMBER 10006085 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) to change/expand the use of an existing well constructed under permit no. 82161-F, on the condition that this well is operated as an alternate point of diversion to the Basalt Conduit (as applicable) and in accordance with one or more of the augmentation plans approved by the Division 5 Water Court for the Basalt Water Conservancy District in Case Nos. 87CW0155, 93CW0319, 98CW0026 & 98CW0089 (consolidated), 01CW0305, and 02CW0077 (and Case No. 10CW0047 if in area A-3 as described in decree), or operating pursuant to an approved substitute water supply plan. If this well is not operated in accordance with the terms of said decree(s) or substitute water supply plan, it will be subject to administration including orders to cease diverting water. BWCD contracts #701 (Zone 1) and #702 (Zone 2). This well is known as APP Common Well No. 7. 4) The issuance of this permit hereby cancels permit no. 82161-F. 5) The use of groundwater from this well is limited to: Ordinary household purposes inside four (4) cabins and one accessory dwelling unit, drinking and sanitary facilities inside a clubhouse, the evaporation for 0.85 surface acres for three ponds, and irrigation of 2.5 acres (108,900 square feet) of home gardens and lawns (BWCD contract no. 701); and ordinary household purposes inside forty-two (42) single-family dwellings, drinking and sanitary facilities inside a residential community center and 2,300 square-foot greenhouse (BWCD contract #702). 6) The pumping rate of this well shall not exceed 60 GPM. 7) The annual withdrawal of ground water from this well shall not exceed 32 acre-feet. 8) The return flow from the use of this well must be through either a central treatment system, a septic tank and leach field system, or an evaporative system, whichever does not exceed the amount specified in the Basalt contract. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) The owner shall mark the well in a conspicuous location with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 11) This well shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. NOTE: This well is to be located on 24.09 acres described as Tract A, McClure River Ranch Subdivision, Garfield County. PERMIT TO USE AN EXISTING WELL Lot:A Block: Filing: SE 1/4 NE 1/4 Section 31 Township 7.0 S Range 87.0 W Sixth P.M. Physical Address: 16411 HWY 82 CARBONDALE, CO 81623 For questions about this permit call 303.866.3581 or go to www.water.state.co.us Page 1 of 2Printed 10-12-2020 g APP Common Well No. 7. EXHIBIT A 84785-F APP COMMON WELL NO. 7 j This well is known as COLORADO Division of Water Resources Department of Natural Resources - 10/9/2020 N/A Issued By JUSTINA MICKELSON Expiration Date: Date Issued: For questions about this permit call 303.866.3581 or go to www.water.state.co.usPage 2 of 2 Printed 10-12-2020 WELL PERMIT NUMBER 84785-FRECEIPT NUMBER 10006085 ~b Water Division: Designated Basin: Management District: County: Parcel Name: 5 N/A N/A GARFIELD MCCLURE RIVER RANCH Water District: 38 Well to be constructed on specified tract of land SE 1/4 NE 1/4 Section 31 Township 7.0 S Range 87.0 W Sixth P.M. Physical Address: 16411 HWY 82 CARBONDALE, CO 81623 APP ZONE 2 WELL NO. 1 COLORADO Division of Water Resources Department of Natural Resources ORIGINAL PERMIT APPLICANT(S) ASPEN POLO PARTNERS LP AUTHORIZED AGENT CORONA WATER LAW (CORONA, CRAIG) PERMIT TO CONSTRUCT A NEW WELL WELL PERMIT NUMBER RECEIPT NUMBER 89030-Fl 10034029 APPROVED WELL LOCATION Lot: C Block: Filing: UTM COORDINATES (Meters, Zone:13, NAD83) Easting: 315375.0 Northing: 4363751.0 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37 -90-137(2) on the condition that this well is operated as an alternate point of diversion to the Basalt Conduit (if applicable per decree) and in accordance with one or more of the augmentation plans approved by the Div. 5 Water Court for the Basalt Water Conservancy District in Case Nos. 87CW0155, 93CW0319, 98CW0026/98CW0089, 01CW0305, & 02CW0077 (and Case No. 10CW0047 if in Area A-3 as described in decree), or operating pursuant to an approved substitute water supply plan. If this well is not operated in accordance with the terms of said decree(s) or SWSP, it will be subject to administration including orders to cease diverting water. Basalt Water Conservancy Water District (BWCD) contract #702 for Zone 2 of Aspen Polo Partners' property. This well is known as APP Zone 2 Well No. 1. 4) The use of groundwater from this well in combination with with APP Common Well No. 7 is limited to ordinary household purposes inside forty-two (42) single -family dwellings, drinking and sanitary facilities inside a residential community center and 2,300 square-foot greenhouse (BWCD contract #702). 5) The pumping rate of this well shall not exceed 60 GPM. 6) The combined annual withdrawal of ground water from this well and APP Common Well No. 7, pursuant to BWCD contract #702, shall not exceed 16. 713 acre-feet. 7) The return flow from the use of this well must be through either a central treatment system, a septic tank and leach field system, or an evaporative system, whichever does not exceed the amount specified in the Basalt contract. 8) The owner shall mark the well in a conspicuous location with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 9) This well shall be constructed not more than 200 feet from the location specified on this permit. 10) This well shall be located more than 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant, excluding well permit no. 84778-F (spacing waiver submitted by the well owner). 11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: This permit will expire on the expiration date unless the well is constructed and a pump is installed by that date. A Well Construction and Yield Estimate Report (GWS -31) and Pump Installation and Production Equipment Test Report (GWS-32) must be submitted to the Division of Water Resources to verify the well has been constructed and the pump has been installed. A one-time extension of the expiration date may be available. Contact the DWR for additional information or refer to the extension request form (GWS-64) available at: dwr.colorado.gov Printed 07-11-2024 For questions about this permit call 303.866.3581 or go to https:/ /dwr.colorado.gov Page 1 of 2 EXHIBIT B BASA T WATER CONS ERV ANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 702 Pursuant to C.R.S. § 37-45-131 ASPEN PO O PARTNERS, LLP, a Colorado limited liability partnership ("Applicant") has appli d to the Basalt Water C ns rvancy District (''District"), political subdivi ion of the Stat of Colorado, organized pursuant to and e istiJ1g by virtue of Section 37-45-101, Colorado Revised Statutes, et eq.1 for an allotment contract for ben ficial use of water tights owned, leas d, or her after acquired by the District ("Contract"). By execution of this Contract, Applicant agr es to th following terms and conditi.ons and thos c rtain t rms and conditions set forth in the attached Order, whkh is fully incorporated as a part of this Contract: 1. QUANTITY: In onsiderntion of th covenants and conditions herein contained, Applicant shall be entitled t re eiv and apply to b n ficial use 0.067 cubic f et of water per second from th District's direct flow rights and 2.9 acr feet per year of storage or other augmentation wat r owned or controlled by the District. Applicant shall restrict actual diversions and consumptiv use under this Contract to tbes amounts. The Conh·act arnow1t is based on the water requirem nts tabl attach d hereto as Exhibit B. Any incr as or change in the water requirements to be erved by the Oistri twill require an am ndrnent to the subject Contract. 2. SOURCE OF ALLOTTED WATER: Wat r right allotted pursu nt to this Contract shall be from the District's water rights deer ed to the Ba alt onduit, andis anal, Stockman's Ditch Ext nsion, Troy and Edith Dit h, Robinson Ditch, or other water rights hereafter acquired by th District, including the District's right to receive storage water from Ruedi Reservoir and Gre n Mountain Reservoir. The District shall hav the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. Th Applicant's use of any of the District's water rights shall be subject to any and all t rms and conditions imposed by the Water Courton the use of th Di trict 1s aid rights. Exchange or augmentation releases made from the District's storage right in Ruedi or Gr en Mountain Res rvoirs or other works and fa il'ties of th District hall bed livered to the Applicant at th outl t works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. D livery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subj ct to the District' lease contract with the Unit d States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. Releases from other facilities availabl to the District hall be ubject to the contracts, laws, rul s, and regulations governing r 1 a s th refrom. Furthermore, the District her by expressly reserves th e right to s tore wate r and to make exchange re leases from structmes that m ay be built or cont rolled b y the Dis trict in the future, so lo n g as th e water service to the Appli cant pursu a nt to this agreement i s not impaire d by sa id action. 3. At Ap pli can t's request, this wa ter a llo tm e nt contract supply a nd applicant's s tru c tu re (s ) b e n efited he reunde r have been included in the Di s trict's umbrell a plan for a u gmentation d ecreed in Case No. 02CW77 ("Umbrell a P lan"). Applicant agrees to pay $3,000 .00 for inclus ion in th e Um bre ll a Pla11 con te mporaneous ly wi th accep tan ce of this Order, unless o th e rwise agreed in writing by the partie s, w hich amoun t is based on and limited to the type(s) and amo unt of water use made by App lica nt as d e ta ile d in Ex hibit B to this Wa te r Allotment Contract. 4. PURPOSE AND LOCATION OF USE: Applicant wi ll use the water r ights a llo tte d pursuant to th is Contract for beneficial p urposes by di version at A ppJ icant's point o f dive rs io n unde r th e Dis tri ct's direct fl ow wate r rights a nd/or for use by a u gme ntation or exch a nge. Applicant will u se the water a ll o tte d by th e Dis trict within o r throu gh faci lities or upo n lands owned, operated, o r se rve d by Applicant, whkh lands are d esc rib e d on Exh ibit A attached h ere to ; p rovided that th e location a nd purpose of Applicant's use of said wa ter sh a ll be legally recogni zed and permitted b y the applicable governme nta l authori ty having juris diction over th e property served . A pp lica nt' s co n temp la te d u sage for the water a ll o tted h e reunde r is for the fo llo wing u se o r uses: _X_Domes ti c/M unicipal __ Indus tria l __ Commercial __ Agricu l tural __ Oth e r ft is ack n owle dged that ce rtain locations within the Di s trict may not b e susceptible to se rvice so le ly by the Dis trict's wate r rights a llo tte d here under or the Dis h·ict's said wate r r igh ts may n o t sa tisfy A pplica nt's needs an d purposes. To the extent tha t service cannot be achieved by u se o f the D is trict's allotted wa te r rig h ts, or in th e event said service is inad e quate, Applica nt m ay utilize s u ch oth e r wa ter rights, b y way of supple menting th e Dis trict 's water rights, or oth e r wise, as is n ecessary to assure wa ter servic e su fficie ntl y re li able for App li ca nt's intended purpose or purposes. All lands1 facilit ies a nd a reas ser ved by water rights all ott e d h ereunder sh all be s ituate d within th e b o und aries of the District. An y qua ntity of the Applicant's alloca lfo n not d e li ve re d to or u sed b y Applicant b y the end o f each wate r year sh a ll reve rt to the water s upplies of the District. Su ch rev ersio n sh all not e ntitle App licant to an y refund of pay m e nt ma d e for s uch water. 2 Water ser vice provided by the District s h a ll be lim ited to the amoun t o f wa ter ava il a bl e in priority at the original poin t of diversion of th e District's appl:icable water right and n eith e r th e District, nor those e ntitl ed to utili ze th e District's d ecrees, ma y ca ll on an y greater a m ou nt at n ew or a lte rna te points of diversion. Th e D istrict shall reques t th e Co lo rado St ate Engin eer to estimate any conveya n ce losses between th e orig inal point and any a lte rnate point and s u ch estim ate sh a ll be deducted fr om thi s amount in each case. The District, or anyone using the District's decrees, may call on any additi onal so\.lr ces of supply that may be availab le at a n altern ate point of diversion, but n ot at the orig ina l poin t of diversion, only as agains t water rights which are junior to the date of application for the a lternate point of diversion. In the even t the Applicant intends to ins titute any legal proceedings for the approval of an augm e nta ti o n p lan and/or any c hange to a n alternate point of d ive rs ion of the District's wa te r righ t to a ll ow th e Appli ca nt to utili ze the water a ll otted hereunder, th e Applicant sh a ll g ive the District written notice of s uch intent. In the even t the A pplicant d evelops a nd a djudicates an a l ternate point of diversion and/or an au g m entation plan to utili ze the wa ter a ll otted h ereunder, Applkant sh a ll n ot be obligated to bear or d e fray any lega l or en g in eerin g expen se of the District incurred by the District fo r the purpose of d eveloping and a djudica tin g a plan of au g m entation for th e District. In an y even t, the District shall have the right to a pprove the Applicant's a pplication for change of wa ter rig ht, and/or a u g m en tation p lan or other wat er supply p lan involving th e Dis tric t's rights, and the Applicant s h a ll provide t he Dist rict copies of s u ch appli ca ti o n a nd of a ll pl eadings and other papers ffl ed w ith th e Water Court in the adjudica ti on thereof. Th e D is t ric t reserves the excl u s ive right to r eview and approve any cond itions which m ay b e a ttach ed to judicial approval of A ppli cant 's use of the District's water rights allotted hereunder. A pplicant agrees to defray any out-of-pocket expen ses in curre d by th e Di s trict in conn ec tion w ith the all otment of wa te r r ig hts h ereund er, including, but n ot limited t o, reimbursemen t of legal and en g ineering costs in cu r red in co nnection with any furthe r water r ig hts adjudica tion necessary to a ll ow Applican t's u se of such allotted water rights; provided, however, in the event any su ch adjudication involves more of the District's water ri ghts than are allotted pursuant to this Contract, Applica nt s h all bear o nly a pro rata portion of s uch expenses. Applicant sha ll be sole ly responsible for providing the s tructures, works and facilities, if any, necessary to utilize the District's wa te r righ ts all otted hereunde r for Applica nt's beneficial u se. 5. PAYMENT: Appli ca nt s h all pay am1u a lly for the water se rvice described herein a t a price t o be fixed a nnua lly by the Board of Directors of the District for such service. Payment of the annua l fee sh all be rnade, in full, w ithin fifteen (15) days a ft er the date of a notice from the District that the payment is due. Sa id n o tice will advise the 3 Applica nt, a mo ng o ther things, of the wa te r delivery year to which the payment s hall apply and the price w hi ch is appli ca bl e to tha t year. If a payment is not made b y the due date, a la te fee of $5 0 (or such other amount as th e Board ma y set from time to time) w ill be assessed and fin a l written notice of th e delinquent acco unt and late fee assess men t w ill be sent b y the District to the Applica nt at Applicant's address se t forth below. If pay ment is not m a d e within thirty (30) days after said fin al writte n n o ti ce, the District m ay, at its opti on, elec t to terrnina te all of the Applica nt's right, title, or inter est under this Co ntract, in w hich event the wa ter ri ght allotte d h ere under may be transferred, l eased or otherw ise d is posed o f by the Dish·ict at the discr e ti on of its Board of Directors. In the event water deli veries h er eund e1.· a re mad e by or pursuant to agreem ent with so me o the r person, co rpora tion, quasi-municip a l e ntity, o r governmen ta l e ntity, and in th e event the Applicant fa il s to m a ke payments as re quired h e re unde r, the D is tri ct m ay, at its sole option nnd reques t, a1.1 thori ze sa id person o r entity to cu rtail the Applicant's wate r se rv ice pursuant to this Contract, a nd in s uch event n either the District n or s u ch p erson s o r e nti ty s ha ll be li able for s uch curta ilm e nt. 6. APPROPRIATION OF FUN DS: The Appli ca nt agrees that so long as thi s Contract is va lid and in force, Applicant w ill budget nnd a ppropriate from su ch so urces of revenu es as may be lega ll y avail able to th e A pplica nt the fund s necessa ry to m ake th e annual pay ments in advance of water d elive ry purs uan t to this Contract. The Applican t w ill hold h a rmless the District and any person or e ntity in vo lved in the d eliv e ry of water pursuant to this Contract, for discontinua n ce in service due to the failure of Applicant to m ainta in the payments h erein required on a current basis. 7. BENEFIT OF CONTRACT: The w ater right all otted h ereunder shall be be n efici a ll y used for the purposes and in the m a nner s pecifie d h e re in and this Co ntract is for the excl u sive ben efi t of the Applicant and shall not inure to the be nefit of any su ccesso r, assign , o r lessee of said Applicant without the prior w ritten a pproval of the Board of Director s of the Dis tri ct. Upon th e sale of the real proper ty to which this Contract pertains, Applicant has a duly to m a ke the buyer awar e of this Contract a nd th e n eed to assig n the Conttact to the buyer. Ho wever, prior written a pproval of the Board of Direc tors of th e Dis tric t is require d befo t e th e assignme n t is e ffectiv e. Pay ment of a n assig nme nt fee in an a m ount d e termine d by the Boa rd s hall be r equi re d as a prerequisite to approva l of the assjgnme nt. In the event the water right a ll o tted he reunde r is to be u sed for th e benefit of l and which is now or w ill hereafter be subdivided or otherwise h eld or owned in se p ara te own e r ship inte r es t, the Applicant may assign th e Applicant's ri ghts h ere under only to a 4 h o me ow ne rs associa ti o n, w ater dis trict, wate r a nd sa nita ti on dis trict o r o ther sp e ci a l dis trict, or othe r entity prope rly o rgani zed and ex is ting under a nd b y v irtue of th e laws of the State of Co lorad o, a nd then only if s u ch a ssocia tion, e ntity o r s pecial di s trict esta blishes to th e satisfa ction of th e Basa lt Water Conse rvan cy Dis trict th a t it h as the ability a nd author it y to assure its p erformance of th e A ppHcant's obliga ti o n s u11d e r this Contra ct. In n o e ve nt shall th e own er o f a portion, but less than all, of th e A pplica nt's p ro pe rty to be se rved unde r thi s Contract h ave a ny ri g hts h e re und e r, except as s uch r ig hts m ay ex is l throug h a h om eowne r s associa tion o r s pe cia l dis trict as a bo ve p rovided . A n y assignment o f the Appl ica nt's ri ghts unde r thi s Contrac t s ha 11 be s ubj ec t to and mus t co mply w ith s u ch r e quire ments as th e Di s tri ct h as adopte d o r m ay h e re after a dopt regarding assig nme nt o f Contract rights a nd the ass ump tion o f Contract o bliga ti o ns by a ssi gn ees a nd s u ccess ors, ptovide d tha t su ch r e quirem ents sh a ll uniformly a pply to a ll a llottees receiving Dist ric t ser vice. The restric tion s on ass ig nme nt as he re in conta ine d sh all n o t preclude th e Di s trict fro m holding the Appli ca nt, or an y s u ccessor to the Appli ca nt, respon sibl e for th e pe rform an ce o f all o r any pa rt of the Applicant's coven ants and agr eem ents her ein conta ine d . 8. OTHER RUL ES : Applicant's rig hts unde r th.is Contrac t sh all b e s ubj ect to the Wa te r Ser v ice Pl an as adopte d b y th e Dis trict and a m end ed fr o m time to tim e; p ro v ide d th a t s u ch Wa te r Se rv ice Plan shall a pply uniforml y through o ut the Dis trict among wate r u sers r eceiving the same service fr o m the Di strict. Applicant s h a ll also be b o und b y a ll a pplicable la w , including, for exa mple, the provis ions of th e Wate r Con servancy Act o fthe State of Color a do, the Rules and Regula ti o ns of th e Boa rd of Dire cto rs o f the Dist rict, the plumbing a d v iso ry, wate r co n ser vation, a nd s taged curta ilm e nt r egula tion s, if an y, applicable within the County in which th e wate r allotte d h e reunde r is to be used , together w ith a ll ame ndments o f a nd supple me nts to a n y o f th e foregoin g. 9. C URT AJLM ENT OF USE: The w a te r serv ice prov id ed h er eunder is expressly s ubj ect to the p rovi s ion s of that certa in S tipulatio n in Ca se N o. 81CW253 on fil e in the Di s trict Court in Water Division 5 of th e Sta te o f Colo rado, which S tipulation provid es, in p art, for the poss ible curtailme nt of out-of-h o use municipa l a nd domestic wa te r d e m a nds upon the occurre n ce of ce rtain e v ents and upon th e Dis tric t g iv ing notice o f s uch curtailme nt, all as more full y se t forth in said Stipul a tion. 10. OPERATION AN D MAINTENANCE AGR EEMENT: A pplica nt sha ll e nte r into an ''Ope r a tion and M ainten a n ce A greem e nt'' w ith th e Dis tric t if and whe n the Bo ard of Di rectors find s a nd d e te rmines th at s u ch an agreem ent is r equire d b y reason of addition al o r s pe ci al ser vices re queste d by the App.Ii cant and provide d b y the Dis tri c t or b y re ason o f th e d e li ver y o r u se of w a ter by the A pplica nt for m o re th an on e of th e cl asses o f service 5 which are d efin ed in th e Rul es and Regu lations of the Board of Directors of said District. Sa id agreement may contain, but not be limited to, provision for water d elivery a t times o r b y m ea ns n o t provided within the term s o f s tanda rd a ll o tm ent contracts of the Di s t rict a nd additional annual mone tary considera tion for ex ten sio n of Dis trict services a nd for additiona l a dminis t ra tion, operation and mainten a nce cos ts, or for o ther cos ts to the Dis trict which may arise through serv ices made avail able to th e Applica nt. 11 . CHANGE OF USE: Th e District reserves the exclu s ive ri gh t to review a nd approve or disa pprove a ny p ro posed ch ange in ttse of th e wat e r right a ll otted hereunder. Any use oth er t han that set fort h herein or any lease or sale of th e wa ter or water rights allotte d h ereunder w itho ut the prior written approval of the D is trict shall be d eemed to be a mate ri al breach of th is Contract. 12. PRIOR RESOLUTION : The water se rv ice prov id ed h er eunder is express ly s ubj ect to that cer ta in Resolution passe d b y the Board o f Directors of the Di s trict on Se ptember 25, 1979, and a ll a m e ndme nts thereto, as the sam e exis ts upon the date o f thi s applica ti o n and allo tm e nt Contract. 13. NO FEE TITLE: It is unders too d nnd agreed th at n o thing he rein s ha ll g ive the Appli ca nt any e quitable or legal fee titl e inter est or ownership in or to any of the water or wa te r rights o f the District, but that Appli ca nt is e ntitle d to the ri ght to u se the water rig h t allotte d h e reunder, s ubject to the limita ti o ns, obligation s and co nditio ns of this Contract. 14. COMPLIANCE WITH SECTION 4 04 OF THE CLEAN WATER ACT. Applicant sh all comply with Section 404 of the Oean Wate r Act and consult with the Anny Corps o f Enginee rs to comple te any Section 404 compli a nce th at may be required as a resu lt of th e co n s truction of any fac ilities necessary to use co ntract water. 15. CONSERVATION PRACTICES: Applica nt sh all implement and use commo nly accepte d co nservation p rac ti ces w ith r es p ect to the wa te r and wat e r rights a llotted h ereunder and sh a ll be bound by any co n serva tion plan he rea fter adopted by tJl e Dis tri ct, as th e same may be amended fro m time to time. 16. WELL PERMIT: If Applicant intends to dive rt throug h a well, then Appli cant mus t provide to Dis trict a copy of Applicanes va lid well permit before th e Dis trict is obli ga te d to d e live r any water h ereunder, and it is the Appli cant's continuous duty to mainta in a valid w ell permit. Applicant s ha ll a lso compl y with all restri ctio n s and Limita ti on s se t for th in th e well p etmit obtained from the Colorado Di v ision of Wate r Re sources. App]j ca nt must co mply w ith th e well-spacing r equire me nts se t forth in C.R.S. §37-90 -137, as a mend e d , if applicable. Compliance with said statutory well-spacing crite ria 6 sh all be a n ex press condition of th e ex tension of service h e rew1der, and the District shall in no way b e liable for an Appli ca nt's fai lu re to comply. Appli cant agrees to mark the well in a con s picuous place with th e permit number. 17. MEASURING DEVICE OR METER: Appli ca n t agrees to provide, at its own expen se, a totali zing flow m et er w ith re mote readout to continuo usly and accurately measure a t a ll times a ll water diverted p u rsuant to the term s of Applican t's water ri ght a nd the terms of th is Contract. On or before November 15 of each year, Applicant will provide accurate readings from such device or mete r (reco rd ed o n a monthly basi s for the period November 1 thmugh October 30 of each year) to Distr ic t, the Division Engin eer and Water Comm issioner. Appli ca nt ackn owle dges tha t fa ilure to comply w ith this paragraph cou ld result in lega l acti on to terminate Applicant's dive rs ion of water by the State of Colorado Divis ion ofWater Re sources. By s igning this Conh·act, Appli cant hereby specifica ll y all ows Dis trict, through its authorized agent, to enter upon Appli cant's property during ordinary business h o urs for the purposes of determining Appli ca n t's act u a l use of water. 18. CONTRACT TERMINATION: A. Term in a tion by District: 1. Th e District may terminate this Conh·act fo r any Vio lation or breach o f the terms of this Contract b y Applicant, or App lica nt's breach of any o ther contrac t wi th th e District. 2. Th e D istrict m ay terminate this Contract if, in its discretion, a ny judicia l or adminis trative proceedings initiated by Applica nt threaten the Dis trict's authority to conh·ac t for d e li ver y o r u se of the District's water rights, ot threaten the Dis tr.ict 's perm it s, water rights, or other interes ts of the District. B. Termination by Appli can t: 1 . Applican t may terminate this Contract in i ts en tire ty for any rea so n by no tifyin g the District in writing of the termination on or before April 1. Notice by said d a te w ill prevent the Appli ca n t's li ability for the n ext annual contract ch arge . 19. RECORDING OF MEMORANDUM: In li eu of recording thi s Water A llo tn1e nt Contrac t, a Memorandum of Wate r A ll o tm ent Co ntract w ill be recorded w ith 7 EXI-llBIT A LEGAL DESCRIPTION ~ ZONE 2 Th e la nd r eferred to in th.i s Co mm.itm e nt is described as fo ll ows: A tract of land si tuated in Lots 8, 9, a nd 10 of Sec lion 31 and in Lo ts 5 and 13 of Section 32, a ll iJ.1 Township 7 So uth, Range 87 West of th e 6111 Plincipal Meridia n, Garfield Co un ty, Co lora d o, lying Southetly of and adjacent to the So utherl y right of way lin e of O ld Sta te High way 82 and bein g more p arti cula rly describ ed as fo llows: Beginning at a p oint on sa id So utherl y light of way line whence a sto ne found in place for the witness co rn er to th e Northeas t co rne r of said sec ti o n 31 bears N 26 d egrees 00' 43" E 1433.52 fee t; th ence S 79 d egrees 58' 52" E 2125.37 feet alon g sa id So uthe rl y ri ght of way line to the North west corn er of a parcel of land described in Book 101 3 at Page 423 of th e r ecot'd s of the Garfield County Cletk a nd Recorderi th ence a lo ng th e We s te rl y boundary line of said parcel on th e fo ll owing two (2) co urses: S 04 d egrees 55' 00'' W 46 1.90 feet; th en ce S 01 d egrees 00' 00" E 861.25 feet to a p oint o n the Northerly ri g ht o f way lin e of the Roarin g Fork Transit Authodty Railroad right o f way; th en ce 169.57 feet along said North erly railroad right of way lin e on the at e of a 1565.69 foot radius curve to th e l eft, th e chord of w hich bears S 54 d egrees 32' 43 '' W 169.49 feet to a p oint o n th e So uthe rl y bo undary lin e of sa id Lot 13; th e nce N 89 degrees 54' 14" W 651.37 fee t alon g the So uth erly bo unda1y line of said Lot 13 to th e Northeast corner of sa id Lot 10; th e nce S 00 degrees 10' 37" E 354.80 feet a lo ng the Easterly b o undary line o f sa id Lot 10 to a p oint in th e cente r of t he Roa ring Fork fuver; thence a lon g the center of said Roa1i n g Fork Ri ve r o n th e following seven (7) co urses: S 86 d egi-ees 531 04" W 294.14 fee t; th ence S 85 d egrees 32' 23" W 11 7.60 feet; th en ce S 78 d egrees 29' 25" W 123.94 feet; th en ce S 89 d egrees 17' 47" W 11 8.54 feet; the n ce S 67 degrees 42' 27" W 386.40 fee t; th en ce S 62 d egrees 48 ' 18" W 124.67 fee t; the n ce S 57 d egrees 58' 42" W 235.29 feet to a point on the Ea stet<ly boundary line o f Blu e C reek Ranch r eco rded as Receptio n No. 623535 in the r eco rds of th e Garfield County Clerk and Recorder; th e nc e along th e Eas terly bo trnd a1y lin e of sa id Blue Creek Ranch on th e fo llowing three (3) courses: N 00 degrees 10' 37" W 736.64 fee t; thence N 89 degrees 54' 14'' W 231.46 feet; thence N 00 d egTees 02' 13" W 1677.90 feet to th e So uthwest co rne r of a parcel of land d esc1ib ed in Book 333 at Page 511 of th e Ga rfi eld Co unty reco rds; th ence S 79 degrees 52' 12" E 278.00 fee t along the Southerly bo unda ry line o f th e parcel described in s aid Book 333 a t Page 511 to th e Southeast co rne r of said p a r ce l; th ence N 00 d egrees 02' 13'' W 156.69 feet along th e Eas te rly bounda1y line of said parcel to the p oint of beginning; Ga rfiel d Co unty, Colorado. water User ; Analysis Date : DiSllict Area: Source Series: Maximum Demand: (1) Domestic Month In-house January 1.398 February 1.263 March 1.396 April 1.353 May 1.398 June 1.353 July 1.398 August 1.398 September 1.353 October 1.398 November 1.353 December 1.398 TOTALS-> 16.464 (1) (2) (3) (4) Aspen Polo Partners. LLP December 14. 2017 A 4 30 0.067 (GPM) (CFS) Total Demand (2) (3) (4) Comm Green Pond Center House Evap 0 .014 0.006 0.000 0.012 0.007 0.000 0 .01 4 0.008 0.000 0 .013 0.007 0.000 0.014 0.008 0.000 0.013 0.007 0 .000 0.014 0.008 0 .000 0.014 0.008 0.000 0.013 0.007 0 ,000 0 .014 0.008 0.000 0.013 0007 0000 0.014 0.008 0000 0.160 0.090 0 .000 NUMBER OF RESIDENCES # persons/residence # ru1llons/oerson/dav Community Center BASALT WATER CONSERVANCY DISTRICT WATER REQUIREMENTS (aae feel) -Zone2- Consumo!Jve Use (5) (6) (6) (9) (10) Domestic Comm. Green HOl'ses TOTAL In-house Center House 0.000 1.419 0.210 0.002 0.006 0.000 1.282 0.169 0.002 0.007 0.000 1.419 0 .210 0.002 0.008 0.000 1.374 0.203 0.002 0.007 0.000 1.419 0.210 0.002 0.008 0.000 1.374 0.203 0.002 0.007 0.000 1.419 0 .210 0.002 0.008 0.000 1.419 0.210 0.002 0 .008 0.000 1.374 0 .203 0.002 0 .007 0.000 1.419 0.210 0.002 0.008 0000 1.374 0 .203 0.002 0.007 0000 1.419 0.210 0.002 0 .008 0 .000 16.713 2470 0024 0 .090 AssumptJons 42.0 EQRs (Sl # of l.Jveslock (cl:! 11 oalsldav 3.5 100 (8) % CU for Domeslic/Commercial 0.000 (10) % Green House Efficiency Average use is 50 users per day on weekends@ 10 gpod Green House = 80 gpd Pond Evaporation (11} Pond Evaporation 100 percent consumptive (11) Elevation (feet) '(13) To!al Includes 5% Transit Loss 10% from Green Mtn. (11) (12) Pond Evao Horses 0 .000 0.000 0.000 0.000 0 .000 0.000 0 .000 0.000 0 .000 0.000 0000 0 .000 0.000 0000 0 .000 0000 0000 0.000 0.000 0000 0000 0000 0.000 0 .000 0000 0000 0 15 100 100 6320 I '(13} (14) Source of TOTAL Aue/Replace 0.241 GNM 0.218 GNM 0.241 GNM 0.234 GNM 0 .241 GNM 0.234 GNM 0 .241 GNM 0 .241 GNM 0.234 GNM 0.241 GNM 0.234 GNM 0.241 GNM 2.841 AreaA-4 Roaring Fork River Uniform Depletions fromwell(s) (No delayed effect) tn >< :r: -0, ~ OJ ORDER GRAN TI NG APP LI CATION FOR ALLOTMENT CONTRACT ASPEN POLO PARTNERS, LL P CONTRACT NO. 702 Applica ti on h aving been mad e by or o n be h a lf o f ASPEN PO LO PARTNERS, LL.P, a Colo r ado limi ted liabi lity p a rtnershi p ("Applica nt") and hearing o n said Appli cation h avi11 g been d u ly he ld , it is h e re by o rd e re d that sa id Applica tion be g ranted and th at the attach e d Water A ll otm ent Contract fo r 0.067 cubic feet of water per seco nd fr o m the District's direc t flow ri ghts a nd 2.9 acre fee t per yea r of s to rage/a u g m e nta ti on water Ow ne d or controll ed by th e Di s tri c t is her e by a pproved a nd execute d b y a nd o n be h a lf of the Basa lt Water Con ser van cy Dis frict, fo r the beneficial u se of the water a ll otted in th e a tta ch e d Con tract, upon the te rms, condi ti ons a nd m a nner of paym e nt as therein specifi e d a nd s u bject to th e fo ll owi ng sp ecific co nditions: 1. The Appli ca nt h as acknow led ged th a t the la nd to be b e nefi ted by th e attach ed Confract is d escrib e d on Exhibit A a tta ch e d he re to a nd incorpo r ated h e re in by this reference. 2. 1n the e ve nt of th e divis ion of th e property se rved b y thi s Co n tract into lwo o r mo re p a r ce ls own e d by different p e r son s, th e Appli ca nt s ha ll es tabli s h a H o m eowne rs Associa ti on or other entity accep ta ble to the District for the o n going payme n t of ch arges due und e r the appr oved Contra ct followin g s ubdivis ion of the prop e rty . The Applicant s h a ll give n o ti ce to purchasers o f a ll o r any part of th e subject property of the o bli g ation of this Contr act, a nd s h a ll r ecord Stt ch notice in the r ecord s of the Clerk and Record er of Ga rfield Cou nty, Colorado. Applica nt and hi s s u ccessors and ass ig ns s hall co mply wi th a ll rules and regula ti o ns n ow ex is ting or he r ea fte r a dopted by the Dis tri ct, including e n fo rcin g pay ment of charges due unde r th e a pproved Contract by present a nd future owners o f all or a n y p a rt of th e r ea l prope rty served und e r thi s Contract. 3. A ny a ll otment of less tha n 1.0 acr e foot of s torage water in Parag raph 1 of the attach e d Contract s h a ll be deen,e d 1.0 acre foot for purposes of es tablis hing th e ann ual water service cha rge fo r su ch wa te r a ll otment. 4. Th e Appli ca nt s h a ll provide the Di s trict proof that the proposed land u se of th e land to b e b e ne fite d by th e wate r a ll o tte d h ereunde r h as been a pproved by the a pplicabl e gove rnmental auth o riti es having juris dicti o n over s uch land use, including evid en ce sa ti sfactor y to th e Dis h·i c t that ea ch lo t o r parce l to b e benefited h e r eu nder is lega ll y s ubdi v ided . 5. A n y we ll p ermits issu ed o n. the b asis of thi s A ll o tm e nt Contract s ha ll b e appli ed for a nd issued in the nam e of the Applica nt. 6. H owever, by accep ta nce of this Conh·act, Appli cant acknowl e dges tha.t it s hall be responsible for any adjudi ca li o n of the water ri g ht associa ted with the Appli cant's pond . The Contract a ll ots s torage/a u g me nta ti on wa te r of the Dis tri c t to augment evaporative losses fro m the s urfa ce area of th e pond, but the Appli cant acknowledges that the Dis trict w ill not be respons ibl e EXHIBIT A LEGAL DESCRIPTION - ZONE 2 Th e land r e fe n ed to in this CommHJn e n t is d escribed as fo ll ows: A tract o f lan d situa ted in Lo ts 8, 9, a nd 10 of Sec ti on 31 a nd in Lots 5 and 13 o f Sectio n 32, a ll in Towns hip 7 So uth, Ra nge 87 W est of th e 6th Prin cipal Me ridian, Garfi eld Coun ty, Colorad o, lying So utherly of and a dj ace nt to the So utherl y rig ht of way li ne of Ol d State Hig hway 82 a nd being m or e particul a rl y d escribed as fo ll ows: Begi nning a t a point on sa id So utherly right of way line wh en ce a ston e fo und in place for the w ilness co rner to th e North east corn er of said sec ti on 31 bears N 26 d egr ees 00' 43 11 E 1433.52 fee ti th en ce S 79 d egrees 58' 52" E 2125.37 fee t alo n g sa id So utherly ri ght o f w ay li ne to the Northwest co m er of a p ar cel o f la nd d esc ribed in Boo k 101 3 a t Page 423 of th e reco rd s of the Ga rfi eld Co unty Oerk a nd Reco rd er; th ence a lon g th e Wes te rly bo und a ry line of said par cel on the fo ll owing tw o (2) co urses: S 04 degrees 55' 00" W 461 .9 0 fee t; t he nce S 01 d egTees 00 ' 00 '' E 861.25 fee t to a p oj nt o n th e N orther ly right o f w ay line of th e Roa rin g Fork Transit Autho tity Rai lroad ri ght o f way; th ence 169.57 fee t a lo ng sa id No rth e rl y railroad rig ht of w ay lin e on the ar c o f a 1565.69 foo t r adius curve to the left, the ch ord o f which bears S 54 d egrees 32' 43" W 169.49 fee t to a p oint on th e So uthe1·ly bo undary Lin e o f said Lo t 13; the nce N 89 d egrees 54' 14'1 W 65 J .37 fee t alon g the So utherly b o unda1y line of sa id Lo t 13 to th e North east co rner of said Lo t 10; the nce S 00 d egrees 10' 37" E 354.80 fee t alon g the Eas tedy bo undary line of sa id Lo t 10 to a p oin t in th e ce nter of th e Roa1-in g Fo rk Ri ver; th en ce along th e ce nter of sa id Roarin g Fo rk Ri ver on the fo ll owing seven (7 ) co m ses: S 86 d egrees 53 ' 04'' W 294.14 fee ti th en ce S 85 d egrees 32' 23" W J 17.6 0 fee t; th e nce S 78 d egrees 29' 25" W 123.94 fee t; then ce S 89 d egrees 17' 47" W 11 8.54 fee t; th en ce S 67 d egrees 42' 27 " W 386 .40 fee t; then ce S 62 d egrees 48' 18 " W 124.67 fee t; the nce S 57 d egr ees 58' 42 " W 235 .29 fee t to a point on th e Eas ted y bo und a1y lin e o f Blu e Creek Ranch recorded as Rece ption N o . 623535 in the r eco rds of th e Garfield Co unty Clerk a nd Reco rder; th en ce alon g th e Eas terly bo undaiy line of sa id Blue Creek Ran ch on th e foll owing three (3) courses: N 00 degr ees 1 0' 37" W 736.64 fee t; th ence N 89 degr ees 54' 14" W 231.46 fee t; th en ce N 00 d egrees 02' 13 " W 1677 .90 feet to the So uthwest com er of a pa rcel of land d escrib ed in Book 333 a t Page 511 of th e Ga rfi eld County r eco.rd s; then ce S 79 d egrees 52' 12" E 278.00 fee t al o ng the So utherly b o undary line of the p ar cel d esctib ed in s aid Boo k 333 a t Pa ge 511 to th~ So utheas t co rner of s aid parce l; the nc e N 00 d egr ees 02' 13" W 156 .69 fee t alon g the Eas te rl y bo und a ry lin e o f said p ar cel to th e p oint of beginnin g; Ga rfi eld Co unty, Co lorado. EXHIBIT C 893043 06/01/2017 10:35:44 AM Page 1 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $48.00 Doc Fee : $0.00 eRecorded BARGAJN AND SALE DEED AND ASSIGNMENT WATER RIGHTS TCI Lane Ranch, LLC, a Colorado limited liability company, whose street address is 401 Tree Fann Pr., Carbondale, Garfield County, Colorado 81623, ("Grantor"), for the consideration of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby sells, conveys and assigns to Aspen Polo Partners, LLP, a Colorado limited liability partnership whose street address is 750 Park of Commerce Drive, Suite 200, Boca Raton, Palm Beach County, Florida 33487 ("Grantee"), the following teal and personal property in the County of Garfield and State of Colorado, to wit: All bf Grantor's right, title and interest, if any, in and to any and all water and water rights, wells and well rights, ditches and ditch rights whether decreed or undecreed, provided by contract, permit, or otherwise that are appurtenant to, used on or in connection with the property described on Exhibit A attached hereto, and all canals, ditches, laterals, headgates, springs, ponds, reservoirs, water allotments, water shares and stock certificates, contracts for the provision of water, and easements and rights of way associated with such and any and all other personal property associated and/or used in connection therewith, including, without limitation, the following described real and personal property: ' 1. All of Grantor's one-half (1/2) :interest in 1.5 cubic feet of water per second of time (hereinafter "cfs"), absolute by original construction, decreed for diversion of water from the Roaring Fork River_ in the Lower Ditch, Priority No, 23, said one-half (l/2) interest being 0. 75 cfs for irrigation use with an appropriation date of April 15, 1882. 2. All of Grantor's 44.5% of one seventh (1/7) interest in the 5.0 cfs, absolute by original construction, decreed for the diversion of water from the Roaring Fork River in the Basin Ditch, Priority No. 49, said 44.5% of a one-seventh (1/7) interest being 0.318 cfs, for irrigation use with an appropriation date of October 20, 1882. 3. All of Grantor's one-third (1/3) interest in the 5.0 cfs, absolute by original construction, decreed for the diversion of water from the Roaring Fork River in the Middle Ditch, Priority No. 83, said one-third (1/3) interest being 1.67 cfs, for irrigation use with an appropriation date of April 17, 1884. 4. All of Grantor's 44.5% of one-seventh (1/7) interest in the 5.0 cfs, absolute by enlargement, decreed for the diversion of water from the Roaring Fork River in the Basin Ditch, First Enlargement, Priority No. 108, said 44.5% of a one-seventh (1/7) interest being 0.318 cfs, for irrigation use with an appropriation date of March 27, 1885. 5, All of Grantor's44.5% of one-seventh (1/7) interest in the 1.8 cfs, absolute by second enlargement, decreed for the diversion of water from the Roaring Fork River in the Basin Ditch, Ryan Enlargement, Priority No. 137, said 44.5% of a one-seventh (1/7) interest being 0.114 cfs, for irrigation use with an appropriation date of March 25, 1886. 893043 06/01/2017 10:35:44 AM Page 2 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $48.00 Doc Fee: $0.00 eRecorded Bargain & Sale Deed and Assignment Page 2 of 6 6. All of Grantor's 44.5% of one-seventh (1/7) interest in the 33.2 cfs, absolute, decreed for the diversion of water from the Roaring Fork River in the Basin Ditch, Third Enlargement, Priority No. 294, said 44.5% of a one-seventh (1/7) interest being 2.11 cfs, for .irrigation use with an appropriation date of March 1, 1890. 7. All of Grantor's one-half (1/2) :interest in 3,0 cfs, absolute, decreed for the diversion of water from Blue Creek in the C. C, Cerise -Gilligan Ditch, with an associated consumptive use of 0.033 cfs pursuant to the final decree entered by the District Court, Water Division No. 5, State of Colorado on August 31, 1992 in Case No. 90CW196, said one-half (1/2) interest be.ing 1.5 cfs, for livestock watering use with an appropriation date of February 20, 1988. 8. Grantor's entire :interest in 0.033 cfs, absolute, for the diversion of tributary groundwater at the Oscar Cerise Well No.1 for domestic purposes pursuant to the final decree entered by the District Court, Water Division No. 5, State of Colorado on January 5, 1973 in Case No, W-890, with an appropriation date of July 28, 1969. 9. Grantor's entire interest in 0.033 cfs, absolute, decreed for the diversion oftnbutary groundwater at the Oscar Cerise Well No.2 for domestic purposes pursuant to the final decree entered by the District Court, Water Division No.5, State of Colorado on January 5, 1973 in Case No. W-890, with an appropriation date of May 22, 1962. 10, Grantor's entire interest in 0.033 cfs, absolute, decreed for the diversion of tributary groundwater at the Oscar Cerise Well No,3 for domestic purposes pursuant to the final decree entered by the District Court, Water Division No. 5, State of Colorado on Janu·ary 5, 1973 m Case No. W-890, with an appropriation date of December 31, 1883. 11. Grantor's entire interest in 0.033 cfs, absolute, decreed for the diversion of tributary groundwater at the Oscar Cerise Well No.4 for domestic purposes pursuant to the final decree entered by the District Court, Water Division No. 5, State of Colorado on January 5, 1973 in Case No. W-890, with an appropriation date of December 31, 1884. 12. G1·antor's entire interest in 583 shares of stock in the Basin Ditch Company. with all appurtenances. [Signatures onfollowing page] 893043 06/01/201710:35:44 AM Page 6 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $48.00 Doc Fee: $0.00 eRecorded Bargain & Sale Deed and Assignment Page 5 of 6 COUNTY OF Denver STATE OF Colorado ) ) ) The foregoing ins~ment was acknowledged before me this 25 day of May , 2017 by J. Kent Nossaman, Jr., Managing Director of Atlantic Trust Company, N.A. in its capacity as Co-Trustee of the William N. Lane Trust dated July 30, 1969 FBO Nelson P. Lane, which trust is a member of TC! Lane Ranch, LLC. WITNESS my hand and official seal. My camrnission expires: :>b, &);;;r/ COUNTY OF ----- STATE OF ___ _ ) ) ) TINA M. PLUIM NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174007949 MY COMMISSjON EXPIRES FEBRUARY 21, 2021 • ~ 1udl✓,<½ Notary Public The foregoing instrument was acknowledged before me this_ day of ____ 2017 by ".rielson P. Lane in his capacity as Co-Trustee of the William N. Lane Trust dated July 30, 1969 FBO Nelson P. Lane which trust is a tnember of TCI Lane Ranch, LLC. WITNESS my hand and official seal. My commission expires: ___ _ Notary Public 893043 06/01/2017 10:35:44 AM Page 8 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $48.00 Doc Fee: $0.00 eRecorded First American Title Insurance Co. Commitment No .: .17003690 EXHIBIT A PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: A tract of land situated in Lots 8, 9, and 10 of Section 31 and in Lots 5 and 13 of Section 32, all in Township 7 South, Range 87 West of the eth Principal Meridian, Garfield County, Colorado, lying Southerly of and adjacent to the Southerly right of way line of Old State Highway 82 and being more particularly described as follows: Beginning at a point on said Southerly right of way line whence a stone found In place for the witness corner to the Northeast corner of said section 31 bears N 26 degrees 00' 43'' E 1433.52 feet; thence S 79 degrees 58 1 52" E 2125.37 feet along said Southerly right of way line to the Northwest corner of a parcel of land described in Book 1013 at Page 423 of the records of the Garfield County Clerk and Recorder; thence along the Westerly boundary line of sald parcel on the following two (2) courses: S 04 degrees 55' 00" W 461.90 feet; thence S 01 degrees 00' 00" E 861.25 feet to a point on the Northerly right of way line of the Roaring Fork Transit Authority Railroad right of way; thence 169.57 feet along said Northerly railroad right of way line on the arc of a 1565.69 foot radius curve to the left, the chord of which bears S 54 degrees 32' 4311 W 169.49 feet to a point on the Southerly boundary line of said Lot 13; thence N 89 degrees 54' 14" W 651.37 feet along the Southerly boundary line of said Lot 13 to the Northeast corner of said Lot 1 0; thence S oo degrees 1 0' 37" E 354.80 feet arong the Easterly boundary line of said Lot 10 to a point in the center of the Roaring Fork River; thence along the center of said Roaring Fork River on the following seven {7) courses: S 86 degrees 53' 04" W 294.14 feet; thence S 85 degrees 32' 23" W 117.60 feet; thence S 78 degrees 29' 25" W 123.94 feet; thence S 89 degrees 17' 47" W 118.54 feet; thence S 67 degrees 42' 27" W 386.40 feet; thence S 62 degrees 48' 18" W 124.67 feet; thence S 57 degrees 58' 42 11 W 235.29 feet to a point on the Easterly boundary line of Blue Creek Ranch recorded as Reception No. 623535 in the records of the Garfield County Clerk and Recorder; thence along the Easterly boundary line of sald Blue Creek Ranch on the following three (3) courses: N 00 degrees 10' 37n W 736.64 feet; thence N 89 degrees 54' 14" W 231.46 feet; thence N 00 degrees 02' 13'' W 1677.90 feet to the Southwest corner of a parcel of land described In Book 333 at Page 511 of the Garfield County records: thence S 79 degrees 52' 12n E 278.00 feet along the Southerly boundary · line of the ·parcel described in said Book 333 at Page 511 to the Southeast corner of said parcel; thence N 00 degrees 02' 13" W 156.69 feet along the Easterly boundary line of said parcel to the point of beginning; Garfield County, Colorado. ALTA Commitment Exhibit A 17003690 Craig Corona, Esq. November 15, 2017 Corona Water Law 420 East Main Street, Suite 210B Aspen, CO 81611 cc@craigcoronalaw.com Via Email RE: Aspen Polo Partners, LLP – Water Demand and Supply for Proposed Land Use Application Craig: At your request, Resource Engineering, Inc. (RESOURCE) has completed the 24-hour Pump Test at the well recently drilled on the Aspen Polo Partners, LLP property located east of Catherine Store Road in Garfield County (Parcel No. 239131100033). The purpose of the pump test was to demonstrate that adequate potable groundwater exists at a reasonable depth for the proposed project and to provide an estimate of the expected long-term yield of the well. This memorandum summarized the opinion and findings of RESOURCE regarding the adequacy of the physical water supply for the Aspen Polo Partners development. WATER DEMAND Roaring Fork Engineering (RFE) recently completed water demand calculations for the proposed development and are included as Attachment A. Demands are calculated for Zone 1 and Zone 2. Zone 1 includes five (5) Horse Barns with ADUs, a maintenance barn, four (4) cabins, and a clubhouse. The total average daily demand for Zone 1 is approximately 12,000 gallons per day (gpd) with a peak day demand of 24,000 gpd (16.7 gpm). Zone 2 includes 42 single family dwellings at 350 gpd each for a total of 14,700 gpd with a peak day demand of 30,560 gpd (21.2 gpm). Therefore, the total peak day demand is 37.9 gpm. The development will include storage to meet peak hour demands. The property also has hay and pasture fields that are irrigated with senior irrigation water rights. These lands will continue to be irrigated consistent with historic practices. WATER SUPPLY Well Construction The well (Permit No. 307221) was constructed on October 27, 2017, by Shelton Drilling Company. The well is constructed in cobbles, boulders, and clay in the first 20 feet and cobbles, sand, and gravel in for the next 18 feet. The remainder of the well is constructed in the Eagle Valley Evaporites. The total depth of the well is 41 feet and it is constructed with 7- inch diameter steel surface casing with perforated steel casing installed in the water producing EXHIBIT D APP COMMON WELL NO. 7, CURRENT PERMIT NO. 84785 !!!!!'RESOURCE ••••• ■■■■■ E N G I N E: E IA I G I N O . Consulting Engineers and Hydrologists 909 Colorado Avenue ■ Glenwood Springs, CO 81 601 ■ (970) 945-6777 ■ Fax (8701 945-1137 Craig Corona, Esq. November 15, 2017 Aspen Polo Partners, LLP – Water Demand and Supply Page 2 zone from 23 feet to 38 feet.1 At the time of the well construction, static water level was 13 feet from TOC and the well produced 60 gpm during a 2 hour pumping test. The permitted and actual location for the well is the SE ¼ of the NE ¼, of Section 31, Township 7 South, Range 87 West of the 6th P.M. at a point 2,078 feet from the north section line and 257 from the east section line. The UTM coordinates (Zone 13) are Northing: 4363850, Easting: 315417. Pumping Test A 24-hour pumping test was conducted by Samuelson Pump Company and RESOURCE on October 31, 2017 for the well. During the pump test, the pump intake depth was set at 41 feet from top of casing (TOC). The purpose of the test was to determine the long-term yield of the well and its adequacy to serve the existing and proposed uses. The pump test was initiated at 11:00am at and initial static water level of 13.8 feet and a flow rate of 16.6 gpm as shown on Figure 1. There was no significant drawdown at this flow rate; therefore, at 11:20am the flow rate was adjusted to 61 gpm. The well stabilized at the higher flow rate after approximately 5 hours of pumping. The well had a maximum total drawdown of 11.45 feet as shown on Figure 2. The final water level at the end of the pumping part of the test was 10.81 feet, leaving approximately 30 feet of water above the pump intake. Over the 24-hour pumping period approximately 86,907 gallons was pumped. Analysis Figures 1 and 2 show the water level in the well dropping slightly and stabilizing in first twenty minutes and then stabilizing at a depth of approximately 15.88 feet. Based on the minimal drawdown, the flow rate was increased to 61 gpm (based on 2-hour test during well drilling). After reaching the maximum drawdown of 11.45 feet after 7.1 hours of pumping, the water level appears to have slightly recharged (approximately 6-inches) during the remainder of the 24- hour pumping period. This could be due to the natural diurnal fluctuation of the aquifer or there may have been some recharge of the aquifer from the pump discharge. However, given that the well is constructed in some clay for the first 20 feet and the quick recovery of the well, it does not appear there is any significant influence from the water discharged on the ground surface. Figure 3 depicts the water level recovery in the well in the 75 minutes after pumping ceased. T represents the total time since the pumping test started and T’ represents the time since pumping stopped. The well reaches complete recovery at T/T’ greater than 2 (48 hours / 24 hours), which means the well recovered faster than the rate at which the well was pumped. This indicates that, at the time of the test, the well completely recharged at a rate equal to or more than the 60 gpm average pumping rate. In addition, the well produced more water (86,907 gallons) during the 24-hour pumping period, than the maximum day demand (54,560 gpd or 37.9 gpm). 1 The total length of the well is 42 feet with approximately 1 foot of the casing above the ground surface. Craig Corona, Esq. November 15, 2017 Aspen Polo Partners, LLP – Water Demand and Supply Page 3 The yield of the well appears to be 60 gpm during based on the pumping and recovery data achieved during the 24 hour test. Given the potential for some of the pump discharge to recharge the aquifer during the test, RESOURCE conservatively estimates the long term yield to the well to in the 50 to 60 gpm range. CONCLUSION The results from the pumping test indicate that the well has an adequate yield to serve the proposed development for domestic and commercial uses. The maximum daily demand for Zone 1 and Zone 2 of the proposed development is 37.9 gpm, while the long term yield of the well is estimated to be between 50 to 60 gpm. We recommend that Aspen Polo Partners, LLP consider developing a second well on the property for redundancy. If you have any question please feel free to contact us. Sincerely, RESOURCE ENGINEERING, INC. Eric F. Mangeot, P.E. Water Resources Engineer EFM/1428-3.0; Attachments Figure 1 1428-3.0 11/15/2017 Prepared by DNR 10 15 20 25 30 35 40 45 50 55 60 650 10 20 30 40 1101001000 Fl o w R a t e ( g p m ) De p t h f r o m T O C ( f e e t ) Pumping Time (minutes) Aspen Polo Partners, New Well Pumping Test 11/31/2017 Depth from TOC (feet) Depth of Water from TOC Static Water Level Manual Measurements Flow Rate Static Water Level = 13.80 ft. Notes: 1) Initial Water Level: 13.80 ft. below Top of Well Casing 2) Final Water Level: 25.25 ft. below Top of Well Casing 3) Well Depth: 41 ft. from Top of Well Casing 4) Pump Intake Depth: 40 ft. from Top of Well Casing Average Pumping Rate = 60 gpm Top of Casing 20 Minutes @ 16.6 gpm 1,420 Minutes @ 61 gpm APP COMMON WELL NO. 7, CURRENT PERMIT NO. 84785 I I I I I I I I I I f-t ~- ~- ~- I I I I I I I I ! I I I I I I I I I I I I I I I I I I I I I I I I I I I I I •·•·••+-1 I I ' 1\ \~ ..... - I I I I I ' ~- ! ! I ! ! ! ! l!!!B RESOU RCE ■==== E N G I N E E R I N G , I NC . 909 Colorado Avenue I Glenwood Spnngs, CO 81601 Voice (970) 945-6777 • VVeb. www.resource-eng.com I I I I I I I I I I I I I I I I I I I I I I I I I --I -- I I I I I I I I ---~· -- -- -- -- ! ! ! ! I ! ! ! ! • Figure 2 1428-3.0 11/15/2017 Prepared By DNR Max drawdown after 7.1 Hours (426 Minutes) of pumping = 11.45 ft 10 15 20 25 30 35 40 45 50 55 60 650 10 20 30 40 1101001000 Fl o w R a t e ( g p m ) Dr a w d o w n ( f e e t ) Pumping Time (minutes) Aspen Polo Partners, New Well Pumping Test 11/31/2017 Drawdown (feet) Drawdown Flow Rate Average Pumping Rate = 60 gpm Static Water Level 20 Minutes @ 16.6 gpm 1,420 Minutes @ 61 gpm APP COMMON WELL NO. 7, CURRENT PERMIT NO. 84785 I I I I I I I I I I I I ! ! I I I ••·•·•+- ~- ----1 - I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ! ! ! ! ! ! I I I I I I I I I I I I I I I I I I I I I I I I I .~ \ ~ .... ...... 1-- I I I I I I I l!!!B RESOU RCE ■==== E N G I N E E RI N G , I NC . 909 Colorado Avenue I Glenwood Spnngs , CO 81601 Voice (970) 945-6777 • VVeb. www.resource-eng .com I I I I I I I I I -- I I I ! I I I I I '~ I I --I I -- I I I I I I I I I Figure 3 1428-3.0 11/15/2017 Prepared By DNR 0 1 2 3 4 5 6 7 8 9 10 11 12 2202002000 Re c o v e r y ( f e e t ) T/T' (minutes) Aspen Polo Partners, New Well Pumping Test 11/31/2017 Recovery Analysis (feet) Residual Drawdown (Feet) Aquifer recovered100% Full Recovery @ 75 Minutes End of Pump Test Recovery Begins APP COMMON WELL NO. 7, CURRENT PERMIT NO. 84785 . ,. I I ~ • 11:i::RESOU RCE ■==== E N G I N E ER I N G , I NC " 909 Colorado Avenue I Glenwood Spnngs, CO 8 1601 Voice (970) 945-6777 -l/\,leb . www.resoun::e .. ng.com -.... .... .... ' " " " "" ' ' \ ' ' ' \ ' ' \ ' ~ ' ' ' ' \ ' ' \ ' ' ' ' \ ATTACHMENT A Roaring Fork Engineering Aspen Valley Polo Club Zone 1 and Zone 2 Water Demand Calculations Job Name: Aspen Polo Club Water System Job Number: 2017-13 Date: 11/10/2017 By: AMR Line Parameter Value Unit Notes HORSE BARNS DAILY WATER DEMAND ADU Daily Demand (2 bedrooms)75 gpcd Persons per ADU 4 persons Number of ADUs/Barn 1 adu Number of Barns 5 barns ADU Water Demand 1,500 gpd Water is sent to septic field Number of Bathrooms per Barn 2 bathrooms Water Use per Bathroom Visit 2 gpu Number of Employees/Riders per Barn 5 people 5 riders per barn (3 employees covered in ADU calcs) Number of Uses per Day/Person 3 uses Number of Barns 5 barns Bathroom Water Demand 150 gpd Water is sent to septic field Number of Washing Machines per Barn 1 washer Water Use per Washer Cycle 31 gpu Washer - Speed Queen (AWN412) Number of Barns 5 barns Number of Uses per Day 3 uses Blankets (24) get washed once per week (over 7 days) Washer Water Demand 471 gpd Water is sent to drywell Number of Slop Sinks per Barn 1 sink Water Use per Sink Visit 3 gpm Faucet is restricted to 2.5 gpm (Federal Plumbing Standards) Number of Barns 5 barns Number of Uses per Day/Person 8 uses Average Use Time 4 minutes Slop Sink Water Demand 400 gpd Water is sent to drywell Number of Horses per Barn 24 horses Water Use per Horse 11 gpd Horse drink 5-11 gallons per day typically Number of Barns 5 barns Horse Water Demand 1,320 gpd Drinking water for horses Number of 1/2" Hose Bibs/Barn 4 hose bibs Water Use per Hose Bib 8 gpm Number of Barns 5 barns Number of Uses per Day 2 uses Average Use Time 4 minutes Hose Bib Water Demand 1,280 gpd Water is sent to drywell/land applied (50/50) Number of Horse Washings 1 horse wash Water Use per Horse Wash 75 gpu 20 minutes is normal to bathe a horse & 75 gallons per horse Number of Barns 5 barns Number of Uses per Day 5 uses Horses (24) get washed once per week (over 5 days) Horse Washing Water Demand 1,875 gpd Water is sent to drywell ASPEN VALLEY POLO CLUB WATER DEMAND CALCULATIONS - ZONE 1 Polo Field Water Demand Calcs_20171107 - Projected Flows_Ph1 Current Page 1 of 3 ROARING FORK ENGINEERING Job Name: Aspen Polo Club Water System Job Number: 2017-13 Date: 11/10/2017 By: AMR MAINTENANCE BARN DAILY WATER DEMAND ADU Daily Demand (2 bedrooms) 75 gpcd Persons per ADU 4.0 persons Number of ADUs/Barn 2 adu Number of Barns 1 barn ADU Water Demand 600 gpd Water is sent to septic field Number of Bathrooms per Barn 1 bathrooms Water Use per Bathroom Visit 2 gpu Number of Employees per Barn 8 people Number of Uses per Day/Person 3 uses Bathroom Water Demand 48 gpd Water is sent to septic field Number of 1/2" Hose Bibs 3 hose bibs Water Use per Hose Bib 8 gpm Number of Barns 5 barns Number of Uses per Day 2 uses Average Use Time 4 minutes Hose Bib Water Demand 960 gpd Water is sent to drywell/land applied (50/50) CABIN DAILY WATER DEMAND Per Cabin Daily Demand (2 bedrooms) 75 gpcd Persons per Cabin 4.0 persons Total Number of Cabins 4 cabins Cabin Water Demand 1,200 gpd Water is sent to septic field CLUBHOUSE DAILY WATER DEMAND Clubhouse Daily Demand (members) 30 gpd/member CDPHE Regulation 43 Number of Members 50 members Number of Guests (using amenities/facilities) 10 guests Clubhouse Member Water Demand 1,800 gpd Water is sent to septic field Clubhouse Daily Demand (employee) 20 gpd/employee CDPHE Regulation 43 Number of Employees 5 employee Clubhouse Employee Water Demand 100 gpd Water is sent to septic field Clubhouse Event Guests Daily Demand 0 gpd/member Events will be catered. Bottled water and porta johns will be provided Number of Event Guests (not using amenities/facilitie 90 guests Clubhouse Event Guests Water Demand 0 gpd Clubhouse Laundry Demand 20 gpd/machine CDPHE Regulation 43 Number of Washing Machines 1 machine Number of Washes per Day 4 washes Clubhouse Washing Machine Water Demand 80 gpd Water is sent to septic field Number of 1/2" Hose Bibs 3 hose bibs Water Use per Hose Bib 8 gpm Number of Uses per Day 2 uses Average Use Time 4 minutes Hose Bib Water Demand 192 gpd Water is land applied Polo Field Water Demand Calcs_20171107 - Projected Flows_Ph1 Current Page 2 of 3 ROARING FORK ENGINEERING Job Name: Aspen Polo Club Water System Job Number: 2017-13 Date: 11/10/2017 By: AMR TOTAL DAILY WATER DEMAND Average Horse Barn Daily Demand 6,996 gpd Volume of Water Sent to Septic System 1,650 gpd Includes flow from ADUs and bathrooms Volume Sent to Drywell 3,386 gpd Water from sinks, hose bibs and horse washings Volume Land Applied 1,960 gpd Drinking water for horses Average Maintenance Barn Daily Demand 1,608 gpd Volume of Water Sent to Septic System 648 gpd Includes flow from ADUs and bathrooms Volume Sent to Drywell 480 gpd Water from hose bibs Volume Land Applied 480 gpd Average Cabin Daily Demand 1,200 gpd Volume of Water Sent to Septic System 1,200 gpd Average Clubhouse Daily Demand 2,172 gpd Volume of Water Sent to Septic System 1,980 gpd Volume Land Applied 192 gpd Water from hose bibs Total Average Daily Water Demand 11,976 gpd Total Volume of Water Sent to Septic System 5,478 gpd Total Volume Sent to Drywell 3,866 gpd Total Volume Land Applied 2,632 gpd WATER TREATMENT SYSTEM DESIGN Well Flowrate 30 gpm Well output is 60 gpm (split between Zones) Average Daily Demand 11,976 gpd Water Tank Size for Storage (minimum recommende 11,976 gal Water Tank Size for 2 Days of Storage 23,952 gal Maximum Daily Demand Ratio 2 unitless Maximum Daily Demand 23,952 gpd 17 gpm Peaking Hour Factor 7 unitless Based on population (small system) Peak Hour Demand 58.2 gpm 3,493 gal Peak flow one hour volume REQUIRED FIRE FLOW Fire Flow 50 gpm Per Carbondale Fire Chief Minimum Fire Flow Duration 20 min Minimum Pressure 50.0 psi Minimum Fire Flow Volume 1,000 gal DETERMINE THE DESIGN FLOW Peak Hour Demand 58.2 gpm Max Day Demand + Required Fire Flow 66.6 hrs/day Distribution Pump Size 70.0 gpm Greater of peak hour demand and max dayplus required fire flow User Defined Pump Size 70.0 gpm Number of Pumps 2 One for redundancy, two pumps minimum CALCULATE WELL PUMP RUNTIME Well Flowrate 30 gpm Well output is 60 gpm (split between Zones) Average Daily Demand Well Pump Runtime 6.7 hrs/day Maximum Daily Demand Well Pump Runtime 13.3 hrs/day Polo Field Water Demand Calcs_20171107 - Projected Flows_Ph1 Current Page 3 of 3 ROARING FORK ENGINEERING Job Name: Aspen Polo Club Water System Job Number: 2017-13 Date: 11/10/2017 By: AMR Line Parameter Value Unit Notes RESIDENTIAL AVERAGE DAILY WATER DEMAND Daily Demand per House 350 gpd Number of Houses 42 homes Single Family Home Average Daily Water Demand 14,700 gpd COMMUNITY CENTER RESIDENTIAL AVERAGE DAILY WATER DEMAND Number of Users 50 users Daily Demand per User 10 gpd Metcalf and Eddy Community Water Demand 500 gpd GREEN HOUSE AVERAGE DAILY WATER DEMAND Number of Slop Sinks 1 sink Water Use per Sink Visit 3 gpm Number of Uses per Day 8 uses Average Use Time 4 minutes Slop Sink Water Demand 80 gpd TOTAL DAILY WATER DEMAND Average Residential Daily Demand 14,700 gpd 10 gpm Average Community Center Daily Demand 500 gpd 0gpm Average Green House Daily Demand 80 gpd 0gpm Total Average Daily Water Demand 15,280 gpd 11 gpm WATER TREATMENT SYSTEM DESIGN Well Flowrate 30 gpm Well output is 60 gpm (split between Zones) Average Daily Demand 15,280 gpd Water Tank Size for Storage (minimum recommended)15,280 gal Water Tank Size for 2 Days of Storage30,560gal Maximum Daily Demand Ratio 2 unitless Maximum Daily Demand 30,560 gpd 21 gpm Peaking Hour Factor 5 unitless Peak Hour Demand 53.1 gpm 3,183 gal Peak flow one hour volume Distribution Pump Size 60 gpm Number of Pumps 2 One for redundancy, two pumps minimum CALCULATE WELL PUMP RUNTIME Well Flowrate 30.0 gpm Well output is 60 gpm (split between Zones) Average Daily Demand Well Pump Runtime 8.5 hrs/day Maximum Daily Demand Well Pump Runtime 17.0 hrs/day ASPEN VALLEY POLO CLUB WATER DEMAND CALCULATIONS - ZONE 2 Polo Field Water Demand Calcs_20171107 - Projected Flows_Ph2_No ADUs Page 1 of 1 ROARING FORK ENGINEERING &UDLJ&RURQD(VT1RYHPEHU &RURQD:DWHU/DZ (DVW0DLQ6WUHHW6XLWH% $VSHQ&2 FF#FUDLJFRURQDODZFRP 9LD(PDLO 5($VSHQ3ROR3DUWQHUV//3±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••••• ■■■■■ E N 13 I N E E IA I G I N O . Consulting Engineers and Hydrologists 909 Colorado A v enue ■ Glenwood Springs , C O 81601 ■ (970) 945-6777 ■ Fax (9701945-11 37 APP COMMON WELL NO. 7, CURRENT PERMIT NO. 84785~Colorado • ~ Analytical LABORATORIES, INC. Report To: Eric Mangeot Company: Resource Engineering, Inc. 909 Colorado Avenue Glenwood Springs CO 81601 Task No.: 171101018 Client PO: 1428-3.0 Client Project: GarCo Well Test Parameters Customer Sample ID 1428·3.0 Well App Sample DatefTime: 10/31/17 1:03 PM Lab Number: 171101018-01 ~est Chloride Fluoride Nitrate Nitrogen Nitrite Nitrogen Specific Conductance Sulfate IQJ§J. Arsenic Cadmium Calcium Copper Iron Lead Magnesium Manganese Sodium Sodium Adsorption Ratio Total Hardness Uranium Zinc Abbrev/aUons/ References: ML = Minimum Level= LRL = RL mg/L = Milligrams Per Uter or PPM ug/L = Micrograms Per Uter or PPB Result 6.2 mg/L 0.29 mg/L 0.20 mg/L < 0.03 mg/L 623 umhos/cm @ 25c 162.6 mg/L < 0.0006 mg/L < 0.0001 mg/L 101.7 mg/L 0.0394 mg/L 0.139 mg/L 0.0007 mg/L 16.18 mg/L 0.0267 mg/L 6.4 mg/L 0.1 units 316.4 mg/L as CaCO3 0.0017 mg/L 0.040 mg/L mpn/100 mis= Most Probable Number Index/ 100 mis Date Analyzed= Date Test Completed Method EPA 300 .0 EPA 300.0 EPA 300.0 EPA300.0 EPA 120.1 EPA300.0 EPA200.8 EPA 200.8 EPA200.7 EPA200.6 EPA200.7 EPA200.8 EPA 200.7 EPA 200.8 EPA 200 .7 Calculation SM 2340-B EPA 200.8 EPA200.8 Analytical Results TASK NO: 171101018 Bill To: Melody Morris Company: Resource Engineering, Inc. 909 Colorado Avenue Glenwood Springs CO 81601 Date Received: 11/1/17 Date Reported: 11/6/17 Matrix: Water -Drinking ML I Date Analyzed j 0.1 mg/L 11/1/17 0.09 mg/L 11/1/17 0.05 mg/L 11/1/17 0.03 mg/L 11/1/17 5 umhos/cm @ 25c 11/1/17 0.1 mg/L 11/1/17 0.0006 mg/L 11/3/17 0.0001 mg/L 11/3/17 0.1 mg/L 11/6/17 0.0006 mg/L 11/3/17 0.005 mg/L 11/6/17 0.0001 mg/L 11/3/17 0.02 mg/L 11/6/17 0.0008 mg/L 11/3/17 0.1 mg/L 11/6/17 0.1 units 11/6/17 0.1 mg/L as CaCO3 11/6/17 0 .0002 mg/L 11/3/17 0.001 mg/L 11/3/17 DATA APPROVED FOR RELEASE BY Analyzed By SEA SEA SEA SEA MBN SEA DBM DBM MBN DBM MBN DBM MBN DBM MBN MBN MBN DBM DBM 240 South Main Street I Brighton, CO 80601-0507 / 303-659-2313 Mailing Address: P.O. Box 507 / Brighton, CO 80601-0507 / Fax: 303-659-2315 Page 1 of 2 171101018 1/1 APP COMMON WELL NO. 7, CURRENT PERMIT NO. 84785~Colorado • ~ Analytical LABORATORIES, INC. Report To:Erlc Mangeot Company: Resource Engineering, Inc . 909 Co lorado Avenue Glenwood Springs CO 81601 Task No.: 171101018 Client PO: 1428-3.0 Client Project: GarCo Well Test Parameters Customer Sample 10 1428-3.0 Well App Sample DatefTime: 10/31/17 1:03PM Lab Number: 171101018-01 Result Bicarbonate Calcium as CaCO3 Carbonate Langelier Index 164.6 mg/Las CaC03 263.9 mg/L pH Temperature 20°c Total Alkalinily 164.5 mg/L as CaC03 Total Dissolved Solids AbbrevleUonsl Referencea: ML = Minimum Level = LRL = RL mg/L = Mill/9rams Per Uter or PPM uQl'L = Micrograms Per Uter or PPB mpn/100 mis = Most Probable Number Index/ 100 mis Data Analyzed = Date Test Completed 368 mg/L Analytical Results TASK NO: 171101018 Bill To: Melody Morris Company: Resource Engineering, Inc. 909 Colorado Avenue Glenwood Springs CO 8160 1 Date Received: 11/1/17 Date Reported: 11/6/17 Matrix: Water -Drinking Method ML Date Analyzed j Analyzed By I SM2320-B 0.1 11/3/17 voe SM 3111-B 0 .1 11/6/17 MeN SM 2320-B 0.1 11/3/17 voe SM2330-e 11/6117 SAN SM 4500-H-B 0.01 11/1/17 MBN SM4500-H-B 11/1/17 MBN SM 2320-B 0 .1 11/3/17 voe SM2540-C 5 11/6/17 ISG DATA APPROVED FOR RELEASE BY 240 South Main Street / Brighton, CO 80601-0507 / 303-659-2313 Mailing Address: P.O. Box 507 / Brighton, CO 80601-0507 / Fax: 303-659-2315 Page 1 of 2 171101018 Ill APP COMMON WELL NO. 7, CURRENT PERMIT NO. 84785~Colorado • ~ Analytical LABORATORIES, INC. Report To:Eric Mangeot Company: Resource Engineering, Inc. 909 Colorado Avenue Glenwood Springs CO 81601 Task No.: 171101018 Client PO: 1428-3.0 Client Project: GarCo Well Test Parameters Analytical Results TASK NO: 171101018 Bill To:Melody Morris Company: Resource Engineering, Inc. 909 Colorado Avenue Glenwood Springs CO 81601 Date Received: 11/1/17 Date Reported: 11/6/17 Matrix: Water -Drinking I Lab Number !Customer Sample ID I Sample Date/Time I Test Result Method Date Analyzed 171101018-01B 1428-3.0 Well App Abbreviations/ References: Absent = Coliform Nol Detected Present = Coliform Detected -Chlorination Recommended Date Analyzed = Date Test Completed 10/31/17 1:03 PM Total Coliform E-Coli SM= "Standard Methods for the Examination of Water and Wastewater"; APHA ; 19th Edition : 1995 Absent Absent SM 9223 SM 9223 DATA APPROVED FOR RELEASE BY 240 South Main Street I Brighton, CO 80601-0507 / 303-659-2313 Mailing Address: P.O. Box 507 / Brighton, CO 80601-0507 / Fax: 303-659-2315 Page 1 of 2 11/2/17 11/2/17 171101018 111 AP P C O M M O N WE L L N O . 7 , CU R R E N T P E R M I T NO . 8 4 7 8 5 Report To lnrormation Company Name: fec-,oy ~ ~ 1';\•\.~~ Contact Name: E;'Rlt... ~N6~ -r Address:_1_~ Ct,,...c~ "~- G~~o ?f PNb>. D"> sl ~ I I Drinking Water Chain of Custody Bill To Information (If different from report to) Company Name: ~ E,v~ c:ontact Name: ~~•~, ~ Address: C/o '1 UuC_~ /\~ 60 ,---[A e(Q..;,f Cit_r State Zip I City State Zi Phon/J")o--CJ~-\,J1lax: Cft{S'-l\'~11 Phone:Cf</5-f,111 fHq-~t;" ... H Email:e;-~t,.~ \!, • • ~~ ~~\· PO ~o.: 1'1 ::?8 -3, 0 State Form / Project laformation PWSID: System Name: Address: Ci!I_ State Zi Send Forms to State: \'cs D No ,~Colorado • ~ Analytical LABORATORIES . INC. ~ Brighton Lab 240 South Main Street Brighton, CO 80601 Lakewood Lab 12860 W. Cedar Dr, Suite IOOA Lakewood CO 80228 Phone:303-659-2313 Fax:303-659-2315 www._coloradolab.cQm CAL !"ask No. PHASE I, II, V Drinking Water Analyses (check analysis) Subcontract Analyses 171101018 . <C u c.. "' u >, 0:: u "' Ill 'iii ~ >( ~ ~ "" I!! ., 'E al '° ., ., 0 0 .:i C e -0 Q. cu -;; "' -0 u G ~ g ~ C 0 ~ ·u ' E .c: ~ "' ... C: -"' "' ;;; .,., -·s "' cE ii5 :.;:; "' "" 0 0 0 -... -D 00 ARF ..c .. ~ u u ..0 .c: ::s :c:: <C Q. "' oil u "' .c N N g u 'ii. ~ 0 ... 0 0 a Q. -0 . .r ~ <C Q. <> 0 ..... C. 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