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COURT,DISTRICT COUNTY, COLORADOGARFIELD (GLENWOOD SPRINGS)
Court Address:
109 8TH STREET, STE. 104, GLENWOOD SPRINGS, CO, 81601
In the Interest of:ROGER ESHELMAN et al.
COURT USE ONLY
Case Number:2020CW3061
Division:E Courtroom:
Decree: Decree of the Water Court
The motion/proposed order attached hereto: GRANTED.
Issue Date:3/7/2021
JAMES BERKLEY BOYD
District Court Judge
DATE FILED: March 7, 2021 3:22 PM
CASE NUMBER: 2020CW3061
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Case No. 20CW3061
Findings of Fact, Conclusions of Law
Ruling of the Referee, Decree of the Water Court
DISTRICT COURT, WATER DIVISION 5, COLORADO
Garfield County Courthouse
109 8th Street, Suite 104
Glenwood Springs, Colorado 81601
(970) 928-3065
CONCERNING THE WATER APPLICATION OF:
ROGER & AMELIA ESHELMAN and THADDEUS
BACON & MAKENZIE TAYLOR ESHELMAN
In the Colorado River and its Tributaries
In Garfield County, Colorado
▲COURT USE ONLY▲
Case Number: 20CW3061
FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF THE REFEREE
AND DECREE OF THE WATER COURT
The Applicants Roger and Amelia Eshelman and Thaddeus Bacon and Makenzie Taylor
Eshelman filed this Application on May 29, 2020 (“Application”) and the Water Judge referred it
to the Water Referee for Water Division 5, State of Colorado, in accordance with C.R.S. § 37-92-
101, et seq., known as the Water Right Determination and Administration Act of 1969.
The undersigned Referee having made such investigations as are necessary to determine
whether or not the statements in the application are true, and having been fully advised of the
subject matter of the application, does hereby make the following determination and Ruling as the
Referee in this matter:
Background: Co-Applicants, Roger and Amelia Eshelman, requested and received a
decreed augmentation plan in Case No. 99CW198, District Court, Water Division No. 5. The
augmentation plan was decreed to augment well diversions for use on a parcel of land that has
since been subdivided into Pioneer Point Subdivision (7332, 7378, 7380 County Road 100,
Carbondale, CO). The augmentation plan utilizes Basalt Water Conservancy District and Park
Ditch and Reservoir Company water as the augmentation sources. The plan augmented the use of
the Eshelman Well No. 1 as an alternate point of diversion for the Basalt Conduit, on a year-round
basis for domestic use in three single-family dwellings, water for six (6) head of livestock, and
4,500 square feet of irrigation.
Although the 99CW198 plan was adjudicated by Co-Applicants Roger and Amelia
Eshelman, the Applicants here are the owners of the three Pioneer Subdivision lots, Roger and
Amelia Eshelman, and Thaddeus and Makenzie Eshelman. This decree amending the 99CW198
augmentation plan is owned collectively by all four Applicants.
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Case No. 20CW3061
Findings of Fact, Conclusions of Law
Ruling of the Referee, Decree of the Water Court
This decree amends the 99CW198 augmentation plan to discontinue the livestock use,
adjust the domestic depletion rate, and augment depletions for an additional three accessory
dwelling units (“ADUs”). This decree also establishes that the amended plan will serve not only
the Eshelman Well No. 1, but may also serve two other wells, Eshelman Well No. 2 and Eshelman
Well No. 3.
FINDINGS OF FACT
1. The statements in the Application are true, except as may be otherwise stated herein.
2. Names and addresses of the Applicants:
Name of Applicants Mailing Address Email address Telephone Number
Roger & Amelia
Eshelman
7332, 7378 CR 100
Carbondale, CO 81623
rbeshelman@gmail.com (970) 379-3757
Thaddeus & Makenzie
Eshelman
7380 County Road 100
Carbondale, CO 81623
thad@tebuilders.net (970) 379-1506
With copies of
pleadings to:
Craig V. Corona
Corona Water Law
1018 Lauren Lane
Basalt, CO 81621
cc@craigcoronalaw.com (970) 948-6523
3. Notice. Timely and adequate notice of the pendency of these proceedings has been given
in the manner required by C.R.S. § 37-92-302.
4. Opposers. No parties filed a statement of opposition in this case and the time for filing such
statements or motions has expired.
5. Report of the Division Engineer. This Court has given due consideration to the Division
Engineer’s Summary of Consultation dated October 21, 2020 and provided to the
Applicants on October 26, 2020 and the response filed on December 17, 2020.
REQUEST FOR AMENDMENT TO AUGMENTATION PLAN
DECREED IN CASE NO. 99CW198
6. Name of original structure augmented: Eshelman Well No. 1 (Permit No. 054836). The
Eshelman Well No. 1 was decreed as an alternate point of diversion to the Basalt Conduit
in Case No. 99CW198.
A. Location of the Eshelman Well No. 1: SW ¼ NE ¼ of Section 18, T. 7 S. R. 87 W.,
of the 6th P.M. at a point 2,200 feet from the North section line and 1,400 feet from
the East Section line, in Garfield County. See attached Figure 1.
B. Depth: 250 feet.
C. Source: Groundwater tributary to Cattle Creek, tributary to the Roaring Fork River.
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D. Amount: 15 g.p.m.
E. Uses: Under the 99CW198 plan (the “Original Augmentation Plan”), the Eshelman
Well No. 1 is to serve three single-family homes, 4,500 square-feet of irrigation,
and water six head of livestock. Pursuant to this decree, the Eshelman Well No. 1,
possibly along with two other wells, will serve three single-family homes, three
ADUs, and provide 4,500 square-feet of irrigation.
F. The Basalt Water Conservancy District (“BWCD”) owns the Basalt Conduit water
rights, Applicants have a BWCD Water Allotment Contract described below.
G. Co-Applicants Roger and Amelia Eshelman own the land upon which the Eshelman
Well No. 1 is located, Pioneer Point Subdivision, Lot 3. Thaddeus and Makenzie
Eshelman own Pioneer Point Subdivision Lot 2 where water will be used and on
which Eshelman Well No. 2 may be located, and Roger and Amelia Eshelman own
Pioneer Point Subdivision Lot 1 where water will be used and on which Eshelman
Well No. 3 may be located.
7. Information for Basalt Conduit from the Decree in 99CW198.
A. Date entered: June 20, 1958.
Case No.: W-4613.
Court: Garfield County District Court.
B. Decreed point of diversion: The decreed headgate and point of diversion for the
Basalt Conduit is located on the left side of the Frying Pan River in the NE ¼ of
the NW ¼ of un-surveyed Section 18, T. 8 S., R. 84 W. of the 6th P.M. at the head
of the outlet tube for Ruedi Reservoir whence the SW corner of Section 7 of T. 8
S., R. 84 W. of the 6th P.M. bears N. 79°00’ W., a distance of 2,017.1 feet.
C. Source: The Frying Pan River, tributary to the Roaring Fork River, tributary to the
Colorado River.
D. Appropriation date: July 29, 1957.
E. Amount: 450 c.f.s.
F. Use: Generation of electricity, irrigation, domestic, municipal, stock watering,
piscatorial and industrial.
8. Water rights to be used for augmentation.
A. Park Ditch and Consolidated Reservoir: Co-Applicants, Roger and Amelia
Eshelman lease 0.3 acre-foot of historic consumptive use water decreed in Case No.
79CW097, Water Division No. 5, from Carbondale Land Development Company
(the “CLDC Water”). The lease agreement is attached as Exhibit A. The CLDC
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Case No. 20CW3061
Findings of Fact, Conclusions of Law
Ruling of the Referee, Decree of the Water Court
Water is derived from water rights decreed to the Park Ditch and Reservoir
Company. The Park Ditch and Reservoir Company diverts from Cattle Creek under
the following water rights:
PARK DITCH WATER RIGHT
Ditch Decreed
Amount
Priority
No.
Decreed
Location
Sec. 7,
T. 7 S.,
R. 87 W.
Adjudication
Date
Appropriation
Date
CA
Park Ditch 9.0 cfs 221A NW/SW/SE 6/26/1913 9/12/1904 1627
Park Ditch 4.1 cfs 232 NW/SW/SE 6/9/1916 7/1/1912 1821
Park Ditch 1.8 cfs 221A NW/SW/SE 4/16/1917 9/12/1904 1627
Park Ditch 2.0 cfs 232 NW/SW/SE 9/5/1918 7/1/1912 1973
a. Direct flow diversions under the shares in the Park Ditch and Reservoir
Company are supplemented by releases from Consolidated Reservoir. This
reservoir operates under the following decreed priorities:
CONSOLIDATED RESERVOIR WATER RIGHTS
Structure Decreed
Amount
Priority
No.
Decreed
Location
Sec. 7,
T. 7 S.,
R. 87 W.
Adjudication
Date
Appropriation
Date
CA
Consolidated
Reservoir
595.0 AF 8B NE/NE 2/15/1921 9/8/1898 2144
Consolidated
Reservoir
285.6 AF 678 NE/NE 6/20/1958 9/1/1948 4613
Consolidated
Reservoir
401.0 AF 654 NE/NE 11/5/1971 9/1/1948 5884
b. Historic use: The historic use associated with the CLDC Water was
adjudicated and determined in Case No. 79CW097, District Court, Water
Division No. 5.
B. Ruedi Reservoir: Co-Applicants, Roger and Amelia Eshelman, obtained BWCD
Water Allotment Contract No. 347 dated September 30, 1999, for up to 0.1 acre-
foot of water for augmentation of the Eshelman Well No. 1. The BWCD Water
Allotment Contract is attached as Exhibit B. Applicants have applied to the Basalt
District to amend the BWCD Water Allotment Contract to comport with the
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amended plan for augmentation. The information regarding the BWCD water rights
used for the augmentation plan is attached as Exhibit C.
9. Current statement of plan for augmentation for the Original Augmentation Plan (as decreed
in Case No. 99CW198).
A. Under the Original Augmentation Plan, water may be diverted from the Eshelman
Well No. 1, as an alternate point of diversion for the Basalt Conduit, on a year-
round basis for domestic use for three single-family dwellings on a single
residential site and for watering six head of livestock. During the months of May
through October (“the irrigation season”), water will also be diverted for irrigation
of up to 4,500 square-feet of lawn and landscape irrigation.
B. The Original Augmentation Plan is based upon the assumption that each single-
family home is estimated to require an average of 350 gallons/day (“GPD”), based
upon 3.5 persons using 100 GPD each. Depletions are estimated to be 15% of
diversions; wastewater treatment will be by septic tank/leach field system.
Livestock water demand is estimated to be 11 GPD per head, or 66 GPD total for
six horses, and is considered to be 100% consumptive. The irrigation demand is
2.33 acre-feet/acre, based upon the Blaney-Criddle methodology, assuming 80%
irrigation efficiency. Irrigation depletions are assumed to be 1.8 acre-feet/acre.
C. Under the Original Augmentation Plan, the projected diversion requirements for
the augmented uses are 1.56 acre-feet annually, with a projected annual
consumptive use of 0.461 acre-feet. A table summarizing the contemplated monthly
diversion and depletion amounts from the Original Augmentation Plan is attached
as Exhibit D. The Eshelman Well No. 1 meets the criteria of well group D of the
BWCD delayed depletion categories, as decreed in Case No. 87CW155, Water
Division No. 5. A table depicting the monthly depletion and delayed return flow
factors for well group D is attached as Exhibit E. The projected augmentation
replacement requirement for the CLDC water, under the Original Augmentation
Plan, is 0.225 acre-feet annually, and the projected requirement for releases from
Ruedi Reservoir is 0.038 acre-feet annually. A table showing the augmentation
schedule under the Original Augmentation Plan is attached as Exhibit F. Consistent
with prior BWCD decrees, the Original Augmentation Plan anticipated that a call
against the Basalt Conduit during the non-irrigation season would occur only in the
month of April.
10. Proposed change to augmentation plan. By this decree, the Original Augmentation Plan is
amended as follows:
A. Diversions. Water will still be diverted from the Eshelman Well No. 1 as an
alternate point of diversion of the Basalt Conduit. If the Applicants construct
Eshelman Well Nos. 2 and 3, water will be diverted from those wells also as
alternate points of diversion to the Basalt Conduit. Applicants withdraw the request
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Case No. 20CW3061
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in the application to have Eshelman Well Nos. 2 and 3 divert as alternate points of
diversion to the Eshelman Well No. 1 water right. Eshelman Well Nos. 2 and 3, if
constructed, will divert as undecreed wells augmented under this Amended
Augmentation Plan. The Eshelman Well Nos. 1, 2, and 3 will divert at a rate of 15
g.p.m. each with a cumulative volumetric limit of 2.357 acre-feet per year as
decreed herein.
a. Eshelman Well No. 2 will be located in the SW ¼, NE ¼, Section 18, T. 7S,
R. 87, W. 6th PM, at a point 1,648 feet from the East Section line and 2,227
feet from the North Section line. This is within Pioneer Point Subdivision,
Block 1, Lot 2 with a street address of 7380 100 County Road, Carbondale,
CO 81623.
UTM Coordinates:
Northing: 4368728.
Easting: 315190.
Zone: 13.
b. Eshelman Well No. 3 will be located in the SW ¼, NE ¼, Section 18, T. 7S,
R. 87 W., 6th PM, at a point 1788 feet from the East Section line and 1919
feet from the North Section line. This is within Pioneer Point Subdivision,
Block 1, Lot 1 with a street address of 7332 100 County Road, Carbondale,
CO 81623.
UTM Coordinates:
Northing: 4368822.
Easting: 315150.
Zone:13.
See map attached as Figure 2.
Under the Amended Augmentation Plan, the domestic augmented uses are
residential in three single-family dwellings and residential use in three ADUs. This
is no longer a single residential site but has been subdivided into the three lots of
the Pioneer Subdivision that will all be served under this Amended Augmentation
Plan.
As with the Original Augmentation Plan, the single-family homes are still estimated
to require an average of 350 GPD, based upon 3.5 persons using 100 GPD. For the
ADUs, under this Amended Augmentation Plan, the estimated use is 280 GPD
based upon 3.5 persons using 80 GPD. Based upon the projected size of the ADU’s,
these in-house demands for the ADUs are conservatively high. The estimated
depletion amount for all in-house uses has been reduced to 10% of diversions;
wastewater treatment will be by septic tank/leach field system. Annual diversions
for the single-family homes will be 1.176 acre-feet and the ADUs will divert 0.941
acre-feet (See Table 1, attached). Like the original decree, the irrigation demand
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for 4,500 square-feet is 2.33 acre-feet per acre, based upon the Blaney-Criddle
methodology assuming 80% efficiency. Total irrigation diversions will be 0.240
acre-feet. In the Original Augmentation Plan, the total diversions from the
Eshelman Well No. 1 for all uses were estimated to be 1.56 acre-feet per year.
Under the Amended Augmentation Plan decreed herein, the total cumulative
diversions from the Eshelman Well No. 1 and potentially two alternate point wells
will be 2.357 acre-feet per year.
B. Depletions. Although the total diversions will be increased under the Amended
Augmentation Plan, the total depletions will actually decrease. The Amended
Augmentation Plan will eliminate livestock water use, a savings of 0.074 acre-feet
of depletions per year. The Amended Augmentation Plan also reduces the
consumptive use of household use from 15% to 10% efficiency which reduces the
depletions from the single-family houses from 0.176 to 0.118 acre-feet per year (a
savings of 0.058 acre-feet per year). The total acre-feet per year savings under the
Amended Augmentation Plan is 0.132 acre-feet per year. The total depletion
savings from these changes is more than enough to offset the new depletions from
the ADUs, which is 0.094 acre-feet per year as indicated in column 6 of the attached
Table 1. Under this Amended Augmentation Plan, the total depletions will decrease
from 0.461 to 0.424 acre-feet per year (compare col. 12, Exhibit D to col. 8, Table
1).
C. Augmentation Water. In this Amended Augmentation Plan, the augmentation water
will continue to be provided by the CLDC Water during the months of May-
October up to the current lease amount of 0.3 acre-feet per year. The Amended
Augmentation Plan will result in an increase in the amount of BWCD water
provided from 0.038 to 0.072 acre-feet per year. The additional BWCD water will
be provided in the month of November. Applicants have applied to amend the
BWCD Contract. Well permits may not be issued pursuant to this decree until an
amended BWCD Contract is in place. See attached Table 1 for the water diversions
and depletions balance.
11. Exchange. The requested amendment to the Original Augmentation Plan does not include
an exchange.
12. Ownership. Co-Applicants Roger and Amelia Eshelman own Lot 3, Pioneer Point
Subdivision which is the land upon which the Eshelman Well No. 1 is located and Lot 1,
Pioneer Point Subdivision, which is the land upon which the Eshelman Well No. 3 may be
located. Co-Applicants Thaddeus and Makenzie Eshelman own Lot 2, Pioneer Point
Subdivision, which is the land upon which the Eshelman Well No. 2 may be located. All
Applicants own the lands upon which the water will be placed to beneficial use.
13. Finding regarding Amended Augmentation Plan. Applicants’ Amended Augmentation
Plan is sufficient to replace Applicants’ out-of-priority depletions in time, place, and
amount. The Court finds that Applicants provided sufficient evidence to demonstrate that
operation of its Amended Augmentation Plan pursuant to the terms and conditions in this
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decree will not cause material injury to, or impairment of, vested water rights or decreed
conditional water rights. Therefore, the request for the Amended Augmentation Plan as
described above should be granted.
14. Terms and Conditions of the Amended Augmentation Plan:
A. Well permits for Eshelman Well Nos. 2 and 3 issued pursuant to C.R.S. § 37 -90-
137(2) and this plan for augmentation must be obtained prior to their construction
and/or operation, and Eshelman Well No. 1 must be repermitted pursuant to this
Amended Augmentation Plan.
B. No well permits for the Eshelman Wells may be issued unless the Basalt Water
Conservancy District contract amended to comport with the requirements of this
decree is in place.
C. Total diversions from the Eshelman Well Nos. 1, 2, and 3 will be limited to the
amount available and within the decreed amount at the original point of diversion
for the Basalt Conduit.
D. All terms and conditions contained in the decree in Case No. 99CW198 are
incorporated into this decree except to the extent they are altered or amended by
operation of this decree.
CONCLUSIONS OF LAW
15. To the extent they constitute legal conclusions; the foregoing Findings of Fact are
incorporated herein.
16. All notices required by law have been properly made, including as required under C.R.S.
§ 37-92-302(3). The Court has jurisdiction over the Application and over all entities or
persons who had standing to appear, even if they did not do so.
17. The Application is complete, covering all applicable matters required pursuant to the Water
Right Determination and Administration Act of 1969. C.R.S. §§ 37-92-101–602.
18. Applicants have fulfilled all legal requirements for a decree for the requested plan for
augmentation, including C.R.S. §§ 37-92-302 and 37-92-305.
19. Pursuant to C.R.S. § 37-92-305(8), the plan for augmentation, as amended herein, is
sufficient to permit the continuation of diversions when curtailment would otherwise be
required to meet a valid senior call for water, to the extent that the Applicants will provide
adequate replacement water necessary to meet the lawful requirements of a senior diverter
at the time and location and to the extent that the senior diverter would be deprived of the
senior diverter’s lawful entitlement by the Applicants’ diversion.
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20. A plan for augmentation shall be approved if it will not injuriously affect the owner or
other persons entitled to use water under a vested water right or decreed conditional water
right. C.R.S. § 37-92-305(3). Applicants have satisfied all legal requirements and met all
standards and burdens of proof associated with obtaining approval of a plan for
augmentation pursuant to C.R.S. §§ 37-92-301 through 305, and is therefore entitled to a
decree approving this amended plan for augmentation.
RULING OF THE REFEREE
21. The Findings of Fact and Conclusions of Law as set forth above are incorporated herein by
reference and are hereby modified as necessary to constitute part of the Ruling and Final
Judgment and Decree.
22. The request for approval of the amendment to plan for augmentation described above is
hereby GRANTED subject to the terms and conditions contained herein.
23. The transit losses associated with the replacement releases identified by the amount in this
decree are only for the purposes of establishing that the plan can operate and may be
sufficient to prevent injury. Actual transit losses will be determined and assessed at the
time releases are made and may be modified per C.R.S. § 37-80-102(7) and § 37-83-104
as determined necessary by the Division Engineer’s Office.
24. In conformance with the C.R.S. § 37-92-308(5), 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.
25. In the event the BWCD Water Allotment Contract should expire, fail to be renewed, is
terminated, or if an alternative sufficient source of replacement water is not included in this
decree by proper amendment prior to such expiration, the Division Engineer shall curtail
all out-of-priority diversions. Applicants shall provide notice to the Division Engineer’s
Office upon termination of the current Contract.
26. Pursuant to C.R.S. § 37-92-304(6), the Court shall retain jurisdiction in this proceeding to
reconsider the question of injury to the vested water rights of others from the plan for
augmentation approved herein for a period commencing on the date of the decree and
extending for five (5) years from the date that Applicant provides to the Court, the Division
Engineer, and all other parties in this case notice that the plan for augmentation has become
fully operational. Such notice must confirm that the Amended Augmentation Plan is
operating as intended. If no petition for reconsideration is filed within the period of retained
jurisdiction, the retention of jurisdiction shall automatically expire.
A copy of the Ruling shall be filed with the Division Engineer for Water Division No. 5
and with the State Engineer.
It is further ORDERED that this Ruling shall be filed with the Water Clerk, subject to
judicial review.
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Dated: January 27, 2021.
____________________________
Water Referee, Division 5, Water Court
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DECREE OF THE WATER COURT
No protest was filed in this matter. The foregoing Ruling is confirmed and approved, and
is hereby made a Decree of this Court.
Dated:______________________.
______________________________
Water Judge
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DATE FILED: December 17, 2020 9:43 AM
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BASALT WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT NO. 347
Pursuant to C.R.S. 1973, 37-45-131
Roger and Amelia Eschelman (hereinafter "Applicant") has applied to the Basalt Water
Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado,
organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, et seq.,
for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by
the District. By execution of this Contract, Applicant agrees to the following terms and conditions:
1.QUANTITY: In consideration of the covenants and conditions herein contained,
Applicant shall be entitled to receive and apply to beneficial use 0.033 cubic feet of water per second
from the District's direct flow rights and 0.1 acre feet per year of storage or other augmentation water
owned or controlled by the District.
2.SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract
shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's
Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other decrees or water rights hereafter
acquired by the District, including the District's contractual right to receive storage water from Ruedi
Reservoir and Green Mountain Reservoir. The District shall have the right to designate the water
right or Decree of the District from which the Applicant's allotted rights shall be obtained. The
Applicant's use of any of the District's water rights shall be subject to any and all terms and
conditions imposed by the Water Court on the use of the District's said rights. Exchange or
augmentation releases made from the District's storage rights in Ruedi or Green Mountain Reservoirs
or other works and facilities of the District shall be delivered to the Applicant at the outlet works of
said storage facility and release of water at such outlet works shall constitute full performance of the
District's delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green
Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of
Reclamation and any rules and regulations promulgated pursuant thereto.
3.PURPOSE AND LOCATION OF USE: Applicant will use the waters herein granted
for beneficial purposes limited to the augmentation of existing and future wells and other water
sources, within or through facilities or upon lands owned, operated, or served by Applicant, which
lands are described on Exhibit "A" attached hereto; provided that the location and purpose of Appli
cant's use of said water shall be legally recognized and permitted by the applicable governmental
authority having jurisdiction over the property served. Applicant's contemplated usage for the water
allotted hereunder is for the following use or uses:
_x_ Domestic/Municipal _ Industrial _ Commercial _ Agricultural
Other ________________________________ _
Applicant acknowledges that usage of the District's water rights as herein contemplated shall
be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right to use
certain waters. It is acknowledged that certain locations within the District may not be susceptible
C:\WP,DOC\IS\Abc BWCD\f,,cfdrnan'latld an J41 1
Exhibit B
DATE FILED: December 17, 2020 9:43 AM
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to service solely by the District's water rights allotted hereunder or the District's said water rights
may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by
use of the District's allotted water rights, or in the event said service is inadequate, Applicant may,
utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as
is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes.
All lands, facilities and areas served by water rights allotted hereunder shall be situated within the
boundaries of the District. The District reserves the exclusive right to review and approve any
conditions which may be attached to judicial approval of Applicant's use of the District's water rights
allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District
in connection with the allotment of water rights hereunder, including, but not limited to,
reimbursement of legal and engineering costs incurred in connection with any water rights
adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in
the event any such adjudication involves more of the District's water rights than are allotted pursuant
to this Contract, Applicant shall bear only a pro-rata portion of such expenses. Applicant shall be
solely responsible for providing works and facilities, if any, necessary to utilize the District's water
rights allotted hereunder for Applicant's beneficial use.
Water service provided by the District shall be limited to the amount of water available in
priority at the original point of diversion of the District's applicable water right and neither the
District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or
alternate points of diversion. The District shall request the Colorado State Engineer to estimate any
conveyance losses between the original point and any alternate point and such estimate shall be
deducted from this amount in each case. The District, or anyone using the District's decrees, may
call on any additional sources of supply that may be available at an alternate point of diversion, but
not at the original point of diversion, only as against water rights which are junior to the date of
application for the alternate point of diversion.
In the event the Applicant intends to develop an augmentation plan and institute legal
proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water
allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent.
In the event the Applicant develops and adjudicates an augmentation plan to utilize the water allotted
hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the
District incurred by the District for the purpose of developing and adjudicating a plan of
augmentation for the District. In any event, the District shall have the right to approve the
Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and
of all pleadings and other papers filed with the Water Court in the adjudication thereof.
4.PAYMENT: Applicant shall pay annually for the water service described herein at
a price to be fixed annually by the Board of Directors of the District for such service. Payment of
the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the
District that the payment is due. Said notice will advise the Applicant, among other things, of the
water delivery year to which the payment shall apply and the price which is applicable to that year.
If a payment is not made by the due date, written notice thereof will be sent by the District to the
Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after
said written notice, the District may, at its option, elect to terminate all of the Applicant's right, title,
C�WP-DOC\U\Abc BWCD\Escfldman\allot an l47 2
Exhibit B
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or interest under this Contract, in which event the water right allotted hereunder may be transferred,
leased or otherwise disposed of by the District at the discretion of its Board of Directors.
In the event water deliveries hereunder are made by or pursuant to agreement with some other
person, corporation, quasi-municipal entity, or governmental entity, and in the event the Applicant
fails to make payments as required hereunder, the District may, at its sole option and request,
authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and
in such event neither the District nor such persons or entity shall be liable for such curtailment.
5.APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract
is valid and in force, Applicant will budget and appropriate from such sources of revenues as may
be legally available to the Applicant the funds necessary to make the annual payments in advance
of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any
person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in
service due to the failure of Applicant to maintain the payments herein required on a current basis.
6.BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially
used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit
of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said
Applicant without the prior written approval of the Board of Directors of the District.
In the event the water right allotted hereunder is to be used for the benefit of land which is
now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by two
(2) or more uses of the water right allotted hereunder, the Applicant may assign the Applicant's rights
hereunder only to a homeowners association, water district, water and sanitation district or other
special district properly organized and existing under and by virtue of the laws of the State of
Colorado and then only if such association or special district establishes to the satisfaction of the
Basalt Water Conservancy District that it has the ability and authority to assure its performance of
the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less
than all, of the Applicant's property to be served under this Contract, have any rights hereunder,
except as such rights may exist through a homeowners association or special district as above
provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must
comply with such requirements as the District may hereafter adopt regarding assignment of Contract
rights and the assumption of Contract obligations by assignees and successors, provided that such
requirements shall uniformly apply to all allottees receiving District service. The restrictions on
assignment as herein contained shall not preclude the District from holding the Applicant, or any
successor to the Applicant, responsible for the performance of all or any part of the Applicant's
covenants and agreements herein contained.
7.OTHER RULES: Applicant's rights under this Contract shall be subject to the Water
Service Plan as adopted by the District and amended from time to time; provided that such Water
Service Plan shall apply uniformly throughout the District among water users receiving the same
service from the District. Applicant shall also be bound by the provisions of the Water Conservancy
Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the
plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within
C:\WP-l>OC\U\Abc BWCD\f.idldman\allol CUI 347 3
Exhibit B
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the County in which the water allotted hereunder is to be used, together with all amendments of and
supplements to any of the foregoing.
8.CURTAILMENT OF USE: The water service provided hereunder is expressly
subject to the provisions of that certain Stipulation in Case No. 81 CW 253 on file in the District
Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the
possible curtailment of out-of-house municipal and domestic water demands upon the occurrence
of certain events and upon the District giving notice of such curtailment, all as more fully set forth
in said Stipulation.
9.OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into
an "Operation and Maintenance Agreement" with the District if and when the Board of Directors
finds and determines that such an agreement is required by reason of additional or special services
requested by the Applicant and provided by the District or by reason of the delivery or use of water
by the Applicant for more than one of the classes of service which are defined in the Rules and
Regulations of the Board of Directors of said District. Said agreement may contain, but not be
limited to, provision for water delivery at times or by means not provided within the terms of
standard allotment contracts of the District and additional annual monetary consideration for exten
sion of District services and for additional administration, operation and maintenance costs, or for
other costs to the District which may arise through services made available to the Applicant.
10.CHANGE OF USE: The District reserves the exclusive right to review and approve
or disapprove any proposed change in use of the water right allotted hereunder. Any use other than
that set forth herein or any lease or sale of the water or water rights allotted hereunder without the
prior written approval of the District shall be deemed to be a material breach of this Contract.
11.PRIOR RESOLUTION: The water service provided hereunder is expressly subject
to that certain Resolution passed by the Board of Directors of the District on September 25, 1979,
and all amendments thereto, as the same exists upon the date of this application and allotment
Contract.
12.NO FEE TITLE: It is understood and agreed that nothing herein shall give the
Applicant any equitable or legal fee title interest or ownership in or to any of the water or water
rights of the District, but that Applicant is entitled to the right to use the water right allotted
hereunder, subject to the limitations, obligations and conditions of this Contract.
13.CONSERVATION PRACTICES: Applicant shall implement and use commonly
accepted conservation practices with respect to the water and water rights allotted hereunder and
shall be bound by any conservation plan hereafter adopted by the District, as the same may be
amended from time to time.
14.WELL SPACING REQUIREMENTS: Applicant must comply with the well-spacing
requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said
statutory well-spacing criteria shall be an express condition of the extension of service hereunder,
and the District shall in no way be liable for an Applicant's failure to comply.
C•\WP-DOC\LS\Abc BWCD\F..a:hclmua\allol CUI 347 4
Exhibit B
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15.RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment
Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County
Clerk and Recorder's Office. The costs of recording the Memor andum shall be paid by Applicant.
Applicant's Address:
Roger and Amelia Eschelman
7378 County Road 100
Carbondale, CO 81623
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
APPL CANT:
/ �
Amelia Eschelman
Subscribed and sworn to before me this jO'fltday ol_YJJU[n�
, 1999, by
Roger and Amelia Eschelman.
WITNESS my hand and official seal.
My commission expires: Fe/)rz,UJ,/1;} 1./r :J-00 7
C:'\WP-DOC\LS\Abc BWCD\Eddman\allot mt 347 5
Exhibit B
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ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT
ROGER AND AMELIA ESCHELMAN
CONTRACT NO. 347
Application having been made by or on behalf of Roger and Amelia Eschelman and hearing
on said Application having been duly held, it is hereby ordered that said Application be granted and
that the attached Water Allotment Contract for 0.033 cubic feet of water per second from the
District's direct flow rights and 0.1 acre feet per year of storage/augmentation water owned or
controlled by the District is hereby approved and executed by and on behalf of the Basalt Water
Conservancy District, for the beneficial use of the water allotted in the attached Contract, upon the
terms, conditions and manner of payment as therein specified and subject to the following specific
conditions:
1.The Applicant has acknowledged that the land to be benefitted by the attached
Contract is described on Exhibit "A" attached hereto and incorporated herein by this reference.
2.In the event of the division of the property served by this Contract into two (2) or
more parcels owned by different persons, the Applicant shall establish a Homeowners Association
or other entity acceptable to the District for the ongoing payment of charges due under the approved
Contract following subdivision of the property described in the Application on file with the District
and the Applicant shall give notice to purchasers of all or any part of the subject property of the
obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of
Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and
regulations now existing or hereafter adopted by the District to enforce payment of charges due
under the approved Contract by present and future owners of all or any part of the real property
served under this Contract.
3.Any allotment of less than 1.0 acre foot of storage water in Paragraph 1 of the
attached Contract shall be deemed 1. 0 acre foot for purposes of establishing the annual water service
charge for such water allotment.
4.The Applicant shall provide the District proof that the proposed land use of the land
to be benefitted by the water allotted hereunder has been approved by the applicable governmental
authorities having jurisdiction over such land use, including evidence satisfactory to the District that
each lot or parcel to be benefitted hereunder is legally subdivided.
5.The Applicant has acknowledged that the land to be benefitted by the water allotted
hereunder is located within the District's service Area Band the Applicant is aware that the District's
temporary water supply plan approved by the State Engineer is confined to District service Area A.
Accordingly, the District's sole obligation under this Contract shall be to release the water allotted
hereunder as the outlet works of Ruedi Reservoir. Granting of this Allotment Contract does not
constitute the District's representation that the Applicant will receive a well permit or water rights
decree for the land to be benefitted hereby.
6.Any and all conditions imposed upon the release and diversion of water allotted
11:\DK\BWCP\R)RMS\AlJ.OT.ORO -1-
Exhibit B
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hereunder in any water rights plan of augmentation or other water rights decree of the Water Court
for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract.
Granting of this allotment contract does not constitute the District's representation that the Applicant
will receive a well permit or water rights decree for the land to be benefitted hereby.
7.If Applicant intends to divert water through a well or wells, Applicant shall provide
the District a copy of Applicant's valid well permit for each such well before the District is obligated
to deliver water for the benefit of Applicant hereunder. Applicant must comply with the well
spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with
said statutory well-spacing criteria shall be an express condition of the extension of service
hereunder, and the District shall in no way be liable for an Applicant's failure to comply.
Approved this 13th day of September, 1999.
BASALT WATER CONSERVANCY DISTRICT
Attest:
By:�]o/1,,fu-w /J11J'By:�W-�!3��__,____-
Barbara Mick -Secretary Art Bowles, President
11:\DK\BWCD\FORMSVJ..UJT.ORD -2-
Exhibit B
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EXHIBIT C
Basalt Water Conservancy District
Augmentation Rights
1.Green Mountain Reservoir:
a. Source: Blue River, tributary of Colorado River.
b. Legal description: located approximately 16 miles Southeast of the Town of
Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14,
15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34,
Township 2 South, Range 79 West of the 6th P.M.
c. Adjudication Date: October 12, 1955.
d. Appropriation Date: August 1, 1935.
e. Case Nos.: 2782, 5016, and 5017, Court: United States District Court, District of
Colorado and Case No. 88CW022, District Court, Water Division No. 5.
f. Decreed Amount: 154,645 acre feet and a refill right in the amount of 3,856 acre
feet absolute and 150,789 acre feet, conditional.
g. Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the section
entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80.
2.Ruedi Reservoir:
a. Source: Frying Pan River, tributary of Colorado River.
b. Legal description: an on-channel reservoir located in Sections 7, 8, 9, 11, and 14
through 18, Township 8 South, Range 84 West of the 6th P.M. The reservoir is located in portions of
Eagle and Pitkin Counties.
c. Adjudication Date: June 20, 1958.
d. Appropriation Date: July 29, 1957.
e. Case No.: C.A. 4613, Garfield County District Court.
DATE FILED: December 17, 2020 9:43 AM
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f. Decreed Amount: 102,369 acre feet (Originally decreed for 140,697.3 acre
feet; reduced to 102,369 acre feet in Case No. W-789-76).
g. Decreed Uses: generation of electric energy, domestic, municipal, industrial,
irrigation, piscatorial, and stock watering.
h. Refill: By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was
decreed a refill right in the amount of 101,280 acre feet, conditional. In Water Court Case No. 95CW95,
44,509 acre feet of the refill right was made absolute. In Water Court Case No. 01CW269, an additional
25,257 acre feet of the refill right was made absolute, for a total of 69,766 acre feet absolute in the refill
right.
3. Information from previous decrees for Troy Ditch and Edith Ditch rights:
STRUCTURE PRIORITY COURT
CASE
NO.
ADJ
DATE
APP
DATE
DECREED
AMOUNT
(CFS)
USE
(4)
AMOUNT SOLD, TRANSFERRED OR
RESERVED
AMOUNT
REMAINING (10)
(5) (6) (7) (8) (9) CFS AF
Troy Ditch (1) 370 3082 08/25/1936 05/01/1906 5.10 I 0.000 0.000 0.095 0.064 0.035 4.906 N/A
Troy Ditch
1st Enlg
427 3082 08/25/1936 05/01/1928 10.80 I 0.000 0.000 0.200 0.134 0.073 10.393 N/A
Troy Ditch
2nd Enlg
669 4613 06/20/1958 06/01/1942 6.20 I 0.000 0.000 0.115 0.077 0.042 5.966 N/A
Edith Ditch 353 3082 08/25/1936 05/01/1904 2.72 I 0.110 0.1320 0.050 0.000 0.018 2.410 N/A
Edith Ditch
1st Enlg
673 4613 06/20/1958 07/01/1946 3.23 I 0.000 0.000 0.060 0.000 0.022 3.148 N/A
Troy Ditch
Water
System aka
Lower
Headgate
(2) W-
2281
15.50(3) I,D,M
C,P
0.110 0.1320 0.520 0.275 0.190 14.273 412.89
(1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River.
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(2) Alternate point for all priorities of Troy and Edith Ditches.
(3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored.
(4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial.
(5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF.
(6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included).
(7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South Shores augmentation
plan.
(8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included).
(9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220.
(10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred.
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In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive-use
credits were available to these ditches, and that 300 acre feet could be stored in an unnamed reservoir.
The Basalt Water Conservancy District owns 412.89 acre feet of the 453 acre feet, and makes the water
rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of
Court.
The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or
Colorado Rivers by by-passing water at the headgate on the Frying Pan River.
4. Information from previous decrees for Robinson Ditch rights:
a.
STRUCTURE DECREED
AMOUNT/
cfs
AMOUNT
OWNED BY
BWCD
(cfs)(1)
ADJ. DATE APP. DATE PRIORITY CASE
NO. (2)
ROBINSON
DITCH
5.00 1.21 05/11/1889 06/15/1882 38 132
ROBINSON
DITCH
2.50 0.60 05/11/1889 04/15/1886 140 132
ROBINSON
DITCH
2.00 0.48 05/11/1889 11/15/1886 167 132
ROBINSON
DITCH
10.70 2.59 12/29/1903 04/25/1899 212C 1061
ROBINSON
DITCH
20.06 4.85 08/25/1936 04/25/1900 326 3082
(1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal
24.16% of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch.
(2) District Court in and for Garfield County
b. Legal Description of Point of Diversion: The point of diversion as decreed is
located on the North bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in
Section 11, T. 8 S., R. 87 West, 6th P.M.
c. Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under
BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360
acre feet of annual consumptive-use credits are associated with said irrigation. In that case, the Court
also decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD
makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or
decree of Court.
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5. Information from previous decrees for Favre Domestic Pipeline:
NOTE: This water right is used only for Blue Creek depletions.
a.
STRUCTURE
AMOUNT1
ADJ. DATE
APP. DATE
PRIORITY
CASE
NO.2
FAVRE DOM. PL.
SP. NO. 1
0.50 06/20/1958 08/11/1937 649 4613
FAVRE DOM. PL.
SP. NO. 2
0.50 06/20/1958 04/15/1912 666 4613
(1) Amount: Each spring is decreed for 0.50 cfs, but the use of both has a combined limit of 0.50 cfs.
(2) District Court in and for Garfield County
b. Legal Description:
i. Favre Domestic Pipeline - Spring No. 1: Located at a point whence the E¼
corner, Section 34, Township 7 South, Range 87 West, 6th P.M. bears South
34E26' East, 890.9 feet.
ii. Favre Domestic Pipeline - Spring No. 2: Located at a point whence the E¼
corner, Section 34, Township 7 South, Range 87 West, 6th P.M. bears South
3724' East 721.4 feet.
c. Source: Blue Creek, which is tributary to Roaring Fork River
d. Decreed Use: Domestic and augmentation
e. Historic Use: BWCD owns the Favre Domestic Pipeline right. The Springs
historically provided a majority of the domestic water supply for El Jebel, a community of 364 EQRs,
consisting of two hundred and ninety one single family residential units (mostly mobile homes),
irrigation of 12.5 acres of lawn and landscape, and commercial development. In Case No. 93CW319, the
Court decreed that 142.82 acre feet of historical consumptive-use credits were available to Blue Creek as
a result of such historic use; and that 67.2 acre feet of historical consumptive-use credits were available
to the Roaring Fork River as a result of such historical use. In 93CW319, the Court also decreed a
change of use of said credits to include augmentation. BWCD makes the credits available to contract
allottees for use pursuant to an approved substitute supply plan or decree of Court.
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30-Sep-99
Water User:
Analysis Date Dlstricl Alea:
Source Series: Maximum Demand:
Month
January February
March April May June
July August
September October November
December
TOTALS->
(1) Dome6tic
lo-house
0.100 0.090
0.100 0.097 0.100 0.097 0.100
0.100
0.097 0.100
0.097
0.100
1.176
(1)
(2)
(3)
(4)
ESHELMAN
SEPTEMBER 3, 1999 A 1 (GPM) (CFS)
BASALT WATER CONSERVANCY DISTRICT
WATER REQUIREMENTS
15 0.033
(2)
Commercial
or Other
0.000 0.000
0.000 0.000 0.000 0 000
0.000
0.000
0.000 0.000
0.000 0.000
0.000
Total Demand (3) (4) (5) (6)0
lawn Crop
Irrigation Irrigation Livestock TOTAL
0.000 0.000 0.006 0.111 0.000 0.000 0.006 0.101
0.000 0.000 0.006 0.111 0.003 0.000 0.006 0.111 0.045 0.000 0.006 0.159 0.060 · 0.000 0.006 0.171
0.056 0.000 0.006 0.170 0.035 0.000 0.006 0.148
0.030 0.000 0.006 0.139 0.007 0.000 0.006 0.118 0.000 0.000 0.006 0.108 0.000 0.000 0.006 0.111
0.236 0.000 0.074 1.560
NUMBER OF RESIDENCES 3 # persons/residence 3.5 # gallons/pen.on/day 100
CommerclaVOfher Demand (af) 0.000
PONDEVAP.
Sq. Ft. of Lawn Irrigated 4500
Lawn Application Rate (af/ac) 2.263
Acres of Crop Irrigated 0.00
Crop Application Rate (af/ac) 0.000
(acre feet)
I· I I I I I I I I I I
I I I I
(7)
Dome61ic
lo-house
0.015 0.014
0.015 0.014 0.015
0.014
0.015 0.015
0.014
0.015 0.014 0.015
0.176
/
RESOURCE ENGINEE�. INC.
(8) Commercial Of Other
0.000
0.000
0,000 0.000 0.000 0.000
0.000
0.000
0.000 0.000
0.000 0.000
0000
033-7.0
Consumptlve Use
(9) (10) (11) (12)" (13)
Lawn Crop Source of
liveslock TOTAL Aug/Replace Irrigation Irrigation
0.000
0.000 0.000
0.002 0.036 0.048
0.045 0.028
0.024
0.005
0000 0.000
0.189
0.000 0.006 0.000 0.006 0.000 0.006
0.000 0.006
0.000 0,006 0.000 0.006 0.()00 0.006
0.000 0.006 0.000 0.006 0.000 0.006
0.000 0.006 0.000 0.006
0.000 0.074
0.022 0.020
0.022 0.024
0,060
0.072
0.1)69
0.052
0.047 0.028
0.022 0.022
0.461
RUE RUE RUE RUE CLDC CLOC
CLOC CLOC CLDC CLOC RUE RUE
(5) # of Livestock @ 11 gals/day 6
(7) % CU !or Domestic/Commercial 15
(9) % lawn laig. Efficiency 80 Consumption of lrrlg. (af/ac) 1.810
(10) % Crop lrrlg. Efficiency 80 Consumption of lrrig. (af/ac) 0.000
(9-10) Elevation (feel) 7200
0 (6) (12) Total Includes 5% Transit loss
Exhibit D
DATE FILED: December 17, 2020 9:43 AM
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MONTH
November
December
Januarv
February
March
April
May
June
July
August
September
October
Total
BASALT WATER CONSERVANCY DISTRICT
TROY AND EDITH DITCH AUGMENTATION PLAN
MONTHLY DEPLETION AND DELAYED RETURN FLOW FACTORS•
WELL GROUP
A 8 C 0 E
0.058 0.089 0.072 0.087 0.082
0.057 0.086 0.063 0.088 0.093
0.057 0.082 0.059 I 0.085 0.083
0.057 0.080 0.057 0.084 0.084
0.057 0.077 0.056 0.083 0.084
0.062 0.076 0.061 0.082 0.084
0.108 0.076 0.085 0.081 0.084
0.134 0.080 o. 112 0.080 0.084
0.132 0.085 0.123 0.081 0.083
0.108 0.089 0.116 0.081 0.083
0.100 0.090 0.106 0.083 0.083
0.070 0.090 0.090 0.085 . 0.083
1.000 1 .000 1.000 1.000 1.000
F
0.086
0.082
0.079
0.077
0.075
0.074
0.076
0.082
0.090
0.094
0.094
0.091
1.000
From BWCD Augpmentation Plan• Case No. 87CW155.
12-161:S.e.OJJ
:::::RESOURCE ..... ··••■1;,-.a1NC:C••Ne I NC
Exhibit E
DATE FILED: December 17, 2020 9:43 AM
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TABLE 2
AUGMENTATION SCHEDULE
MONTH DELA YED AUGMENTATIONDEPLETIONS
IAF CLDC BWCD
PARK DITCH RUEDI RESERVOIR
JANUARY 0 039 0 000 0 000
FEBRUARY 0 039 0 000 0 000
MARCH 0 038 0 000 0 000
APRIL 0 038 0 000 0 038
MAY 0 037 0 037 0 000
JUNE 0 037 0 037 0 000
JULY 0 037 0 037 0 000
AUGUST 0 037 0 037 0 000
SEPTEMBER 0 038 0 038 0 000
OCTOBER 0 039 0 039 0 000
NOVEMBER 0 040 0 000 0 000
DECEMBER 0 041 0 000 0 000
TOTAL 0460 0 225 0 038 j
8UQ plan 794p b wpd 6
EXHIBIT
I c
EXHIBIT F
DATE FILED: December 17, 2020 9:43 AM
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PIONEER POINT SUBDIVISION
LOTS 1 - 3 ESHELMAN WELL NO. 1
TOWNSHIP 7 SOUTH, RANGE 87 WEST, 6TH P.M.
ENGINEERING, INC.RESOURCEFigure 1: Pioneer Point Subdivsion
Eshelman Family Engineering Report Scale: 1"=2,000'
0 1,000 2,000 3,000
DATE FILED: December 17, 2020 9:43 AM
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12/1/2020 Garfield County Land Explorer
https://maps.garfield-county.com/landexplorer/1/1
Gar eld County Colorado Land Explorer
+
–
0 300 600ft
Pioneer Point
Lot 2
Pioneer Point
Lot 1
Pioneer Point Lot 3
Eschelman Well No. 3
Eshelman Well No. 2
Figure 2
DATE FILED: December 17, 2020 9:43 AM
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Primary Primary 87CW155 Well CLDC BWCD
Residence ADU Lawn Total Residence ADU Total Well Group D Delayed Park Ditch Ruedi Res.
Month In-House In-House Irrigation Diversions In-House In-House Irrigation Depletions Glover Factors Depletions Replacement Replacement
(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12)
January 0.100 0.080 0.000 0.180 0.010 0.008 0.000 0.019 0.085 0.036 0.000 0.000
February 0.090 0.072 0.000 0.162 0.009 0.007 0.000 0.017 0.084 0.036 0.000 0.000
March 0.100 0.080 0.000 0.180 0.010 0.008 0.000 0.019 0.083 0.035 0.000 0.000
April 0.097 0.077 0.004 0.178 0.010 0.008 0.003 0.022 0.082 0.035 0.000 0.035
May 0.100 0.080 0.046 0.226 0.010 0.008 0.037 0.058 0.081 0.034 0.034 0.000
June 0.097 0.077 0.061 0.235 0.010 0.008 0.048 0.069 0.080 0.034 0.034 0.000
July 0.100 0.080 0.057 0.236 0.010 0.008 0.045 0.066 0.081 0.034 0.034 0.000
August 0.100 0.080 0.034 0.213 0.010 0.008 0.027 0.047 0.081 0.034 0.034 0.000
September 0.097 0.077 0.031 0.205 0.010 0.008 0.025 0.044 0.083 0.035 0.035 0.000
October 0.100 0.080 0.008 0.187 0.010 0.008 0.006 0.025 0.085 0.036 0.036 0.000
November 0.097 0.077 0.000 0.174 0.010 0.008 0.000 0.018 0.087 0.037 0.000 0.037
December 0.100 0.080 0.000 0.180 0.010 0.008 0.000 0.019 0.088 0.037 0.000 0.000
Total 1.176 0.941 0.240 2.357 0.118 0.094 0.192 0.424 0.424 0.208 0.072
Notes:
(1) Three single family residences at 350 gpd/residence.
(2) Three ADUs at 280 gpd/ADU.
(3) Irrigation of approximately 4,500 square feet per Blaney-Criddle Methodology at 2.33 acre-feet per acre.
(4) Column (1) + Column (2) + Column (3).
(5) 10% Consumptive Use for ISDS (Septic Tank/Leach Field).
(6) 10% Consumptive Use for ISDS (Septic Tank/Leach Field).
(7) Irrigation consumptive use equal to 80% of Diversions.
(8) Total of Column (5) + Column (6) + Column (7) x 1.05 for 5% .Transit Losses.
(9) Well Group D Glover Montly Depletion and Delayed Return Flow Factors from 87CW155 decree.
(10) Total Annual Depletions (0.424 AF) x Column (9).
(11) CDLC Park Ditch source of Augmenation during irrigation season.
(12) BWCD Water Allotment Contract Water for April and November month.
AUGMENTATION
TABLE 1
Eshelman Family (Pioneer Point Subdivision)
Water Diversions and Depletions
(All Values in Acre-Feet; unless otherwise noted)
DIVERSIONS DEPLETIONS
Eshelman Family
Engineering Report
RESOURCE ENGINEERING, INC.
5/13/2020
Prepared by EFM
Checked by MJE
DATE FILED: December 17, 2020 9:43 AM
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