HomeMy WebLinkAbout14.0 Water Rights & SupplyCORONA
WATER LAW
Craig V. Corona, Esq.
420 E. Main St., Ste. 210B
Aspen, CO 81611
(970) 948-6523
cc@craigcoronalaw.com
October 31, 2019
Glenn Hartmann, Senior Planner
Garfield County Community Development
108 8th St., Ste. 401
Glenwood Springs, CO 81601
Re: Aspen Polo Partners LLP / McClure River Ranch PUD
Dear Glenn:
This firm represents Aspen Polo Partners LLP in water rights matters related to Aspen Polo
Partners' McClure River Ranch property (fka TCI Lane Ranch). Following is a description of the
legal water supply available to the McClure River Ranch Property in support of Aspen Polo
Partners' request to amend the McClure River Ranch PUD and for Preliminary Plan approval.
Background.
In 2018, Aspen Polo demonstrated that it had obtained a legal water supply to serve its then -
existing proposed development plan. That water supply relied on two wells supported by two
Basalt Water Conservancy District ("BWCD") water allotment contracts, one contract for Zone 1
(Zone 1 Contract No. 701), and one contract for Zone 2 (Zone 2 Contract No. 702). The BWCD
contracts and wells together provided for the following uses:
Zone 1
• Five barns, each with one accessory dwelling unit ("ADU");
• One maintenance barn with two ADU's;
• Four cabins;
• One clubhouse; and
• One stand-alone ADU.
Zone 2
• Forty-two single family homes;
• One community center; and
Mr. Glenn Hartmann
Garfield County Community Development
• One greenhouse.
All water for ponds on the property and raw water irrigation is provided by Aspen Polo Partners'
ditch water rights, 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. 0.318 cfs, Basin Ditch, Priority No. 49, decreed for irrigation use with an appropriation
date of October 20, 1882.
3. 1.67 cfs, Middle Ditch, Priority No. 83, decreed for irrigation use with an appropriation
date of April 17, 1884.
4. 0.318 cfs, Basin Ditch, First Enlargement, Priority No. 108, decreed for irrigation use with
an appropriation date of March 27, 1885.
5. 0.114 cfs, Basin Ditch, Ryan Enlargement, Priority No. 137, decreed for irrigation use with
an appropriation date of March 25, 1886.
6. 2.11 cfs, Basin Ditch, Third Enlargement, Priority No. 294, decreed for irrigation use with
an appropriation date of March 1, 1890.
A copy of the deed by which Aspen Polo Partners obtained these water rights is attached as Exhibit
A.
PUD Amendment / Preliminary Plan.
By the current PUD Amendment and Preliminary Plan request, Aspen Polo Partners seeks, in part,
to add one horse barn and two ADU's to Zone 1 development and remove two dwelling units from
Zone 2. In addition, instead of using one common well, Aspen Polo Partners will supply each
individual horse barn through individual wells on each horse barn lot. The maintenance barn will
share Barn Well No. 6 with Barn Lot 6. The clubhouse and four cabins in Zone 1, along with all
Zone 2 uses, will still be supplied by the common well.
Please note, although the development plan is to remove entitlement for two residential units from
Zone 2, the water supply will remain in place for a total of forty-two units. Because of the difficulty
and expense associated with amending BWCD contracts, Aspen Polo Partners will leave the Zone
2 water supply as is until the decision is made to proceed with development.
BWCD Water Allotment Contracts.
To accommodate the new development plan, Aspen Polo amended its Zone 1 Contract No. 701 to
add the demand for the additional horse barn and two residential units. A copy of the amended
contract is attached as Exhibit B. As amended, the contract provides augmentation water for:
Mr. Glenn Hartmann
Garfield County Community Development
• Six barns, each with one ADU;
• One maintenance barn with three ADU's
• Four cabins;
• One clubhouse; and
• One stand-alone ADU.
Again, Aspen Polo Partners did not amend Zone 2 Contract No. 702, so the water supply for Zone
2 remains the same as before (forty-two residential units, one community center, and one
greenhouse). A copy of Zone 2 Contract No. 702 is attached as Exhibit C.
Well Permits.
Aspen Polo Partners drilled the six individual barn wells this past summer For Barn Well Nos. 1,
2, and 4-6, Aspen Polo obtained monitoring hole permits. Barn Well No. 3 operates under permit
no. 42875A. Copies of these permits are attached as Exhibit D. The common well was drilled in
2017 and operates pursuant to permit no. 82161-F. A copy of the common well permit is attached
as Exhibit E.
Barn Well Nos. 1-6 were tested for production and for water quality recently. The results of those
tests are described in Roaring Fork Engineering's report included as Appendix G to the current
PUD Amendment and Preliminary Plan application. Production and water quality tests for the
common well were provided to the County at the time of the prior PUD amendment.
With the amended Zone 1 Contract No. 701 in place, Aspen Polo Partners will apply to the
Division of Water Resources for production well permits for the individual barn wells and to
amend the uses permitted for the common well. Since all of the wells are augmented through the
BWCD contracts, the Division of Water Resources should approve production permits without
issue.
In sum, the amended Zone 1 Contract No. 701, Zone 2 Contract No. 702, ditch rights, and well
permits provide Aspen Polo an adequate legal water supply for all of the development uses
requested for the McClure River Ranch PUD.
Please feel free to call me with any questions or concerns.
Sincerely,
Fa
Craig V. Corona
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
EXHIBIT A
BARGAIN AND SALE DEED
AND ASSIGNMENT
WATER RIGHTS
TCI Lane Ranch, LLC, a Colorado limited liability company, whose street address is 401 Tree
Farm Dr., 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 AspenPolo 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 'real and personal property in the
County of Garfield and State of Colorado, to wit:
All of 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
onExhibit 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 (1/2) 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,
at 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,
i; for irrigation use with an appropriation date of March 27, 1885.
') 5, All of Grantor's 44.5% 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 being 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 of tributary
groundwater at the Oscar Cease 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 January
5, 1973 in 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. Grantor's entire interest in 583 shares of stock in the Basin Ditch Company,
with all appurtenances.
[Signature's 017 following page]
893043 06/01/2017 10:35:44 AM Page 3 of 8
Jean Alberico, Garfield County, Colorado
Rec Fee: $48.0.0 Doc Fee: $0.00 eRecorded
Bargain & Sale Deed and Assignment
Page 3 of 6
Signed this 25th day of May , 2017.
GRANTOR
TCI LANE RANCH, LLC, a
Colorado limited liability company
By: William N. Lane Trust dated July 30, 1969
FBO Andrew N. Lane, Member
By: Atlantic Trust Company, N.A., Co -Trustee
By: do
ent Nossaman, Jr., aging Director
By:
Andrew . L e, Co -Trustee
By: William N. Lane Trust dated July 30, 1969
FBO Nelson P. Lane, Member
By: Atlantic Trust Company, N.A., Co -Trustee
By:
ent Nossaman, Jr., M aging Director
By:
Nelson P. Lane, Co -Trustee
[This space intentionally left blank]
893043 06/01/2017 10:35:44 AM Page 4 of 8
Jean Alberico, Garfield County, Colorado
Rec Fee: $48.00 Doc Fee: $0.00 eRecorded
Bargain & Sale Deed and Assignment
Page 3 of 6
Signed this 25th day of May , 2017.
GRANTOR
T11 LANE RANCH, LLC, a
Colorado Smiled liability company
Bl►: Lam Trust dated hily 30, 1969
FRO Andrew N Lane, Member
By:
Admiic Trust Company, N.A., Co -Trustee
By:
Andrew N Lane,, Ce-Tustee
By Wliam N Lane Trust did July 30, •2969
FBO NelaanP. Lane, Member
By: Atlanic must C
6 • t.S i.,• 1
, NA., Co -Trustee
+' Jr., licbtag.Mg Dingier
[jai .space intentionally bfranikJ
893043 06/01/2017 10:35:44 AM Page 5 of 8
Jean Alberico, Garfield County, Colorado
Rec Fee: $48.00 Doc Fee: $0.00 eRecorded
Bargain & Sale Deed and Assignment
Page 4 of 6
COUNTY OF Denver
)
)
STATE OF Colorado )
The foregoing instrument 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 Andrew N. Lane which trust is a member
of TCI Lane Ranch, LLC,
WITNESS my hand and official seal.
•
My commission expires:
COTJNT'Y OF 6-4eith)
STATE OF
)
)
)
TINA M. PLUIM
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174007949
MY COMMISSION EXPIRES FEBRUARY 21, 2021
The foregoing instrument was acknowledged before me this day of, 2017 by Andrew
N. Lane in his capacity as Co -Trustee of the William N. Lane Trust date July 30, 1969 FBO
Andrew N. Lane which trust is a member of TCI Lane Ranch, LLC.
WITNESS my hand and official seal.
' My commission expires: 7
7
t J
f7
Li COMMISSION EXPIRES JULY 07, 2017ELIZABETH M. GAUGER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID # 19934008210
MY COMMISSION EXPIRES JULY 07, 2017
[This space intentionally left blank]
893043 06/01/2017 10:35:44 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 instrument 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 TCI Lane Ranch, LLC.
WITNESS my handand official seal.
My commission expires:
COUNTY OF
)
)
STATE OF )
TINA M. PLUIM
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174007949
MY COMMISSION EXPIRES FEBRUARY 21, 2021
Notary Public
x.?
The foregoing instrument was acknowledged before me this _ day of , 2017 by Nelson
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 member 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 7 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 instrument was acknowledged before medals 25 day of May , 2017 by J. Kent
Nossaman, Jr., Managing Director of Atlardic Trust Company, N.A. inks capacity as Co -Trustee
of the William N. Lane Trust dated July 30,1969 11130 Namur., Lane, which trust is a member
of MI Lane Ranch, LLC.
WITNESS my hand and official seaL
My commission expire'
COUNTY OF 'DCA ref )
)
)
_STATE OF CD1 ro_do
11NA:M. PLUM
:NOTARY PUBLIC
STATE COLORADO
11131FARCIED2N74=019116
MY COUNISBOM EUMBES FEBRUARY 21 2021
A•••• — ,•
Notary Public
,akt"
The finegoing instrument was acknowledged before me this day of al 2017 by Nelsen
R Lane in his cape* as Co -Trustee of11x William: N. .Lane Trust datcd Ady 30, 1969 FBO
Nelson P. Lane which trust is a member of Ta Lane Ranch, LLC.
WITNESS nw hand and official seaL
My common cqpre: 6/c7c,2C
AMANDA VIGIL
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20084025017
MY COMMISSION EXPIRES JUNE 28, 2018
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
Commitment No.: 17003690
First American Title Insurance Co.
EXHIBIT A
PROPERTY DESCRfPTION
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 6th Principal Meridian, Garfield County, Colorado, Tying 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' 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 said 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' 43" 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 10; thence S 00 degrees
10' 37" E 354.80 feet along 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 8 62 degrees 48' 18" W 124.67 feet; thence S 57
degrees 58' 42" 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 said Blue
Creek Ranch on the following three (3) courses: N 00 degrees 10' 37" 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' 12" 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 17003690
Exhibit A
EXHIBIT B
AMENDMENT TO WATER ALLOTMENT CONTRACT
BASALT WATER CONSERVANCY DISTRICT
Contract No. 701
WHEREAS, the Basalt Water Conservancy District ("District") granted Water Allotment
Contract No. 701, dated February 13, 2018, ("Contract") to Aspen Polo Partners, LLP
("Applicant") for 0.067 cubic feet of water per second from the District's direct flow rights and
6.2 acre feet of storage or other augmentation water owned or controlled by the District to serve
certain property located in Garfield County, Colorado, which lands are described as Exhibit A
attached hereto; and
WHEREAS, the District amended the Contract on August 14, 2018 to increase the
volume of storage or other augmentation water allotted thereunder to 6.6 acre feet.
WHEREAS, the Applicant has requested that the Contract be amended to increase the
volume of storage or other augmentation water allotted thereunder to 7.9 acre feet.
WHEREFORE, the Contract shall be and hereby is amended to provide that the
Applicant shall be entitled to receive and apply to beneficial use 7.9 acre feet per year of storage
or other augmentation water owned or controlled by the District. Applicant shall restrict actual
diversions and consumptive use under this Contract to these amounts. The Contract amount is
based on the water requirements table attached hereto as Exhibit B, which shall replace any and
all water use or allocation schedules previously associated with this contract. Any further
increase or change in the water requirements to be served by the District will require an
amendment to the subject contract.
The Amendment is made subject to the following conditions:
1. Any and all conditions imposed upon the release and diversion of water allotted
hereunder in any water rights plan of augmentation or other water rights decree of the Water
Court for Water Division No. 5, including Case No. 02CW77, 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 benefited hereby.
2. 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, a late fee of $50 (or other
amount as the Board may set from time to time) will be assessed and final written notice of the
delinquent account and late fee assessment will be sent by the District to the Applicant at
Applicant's address set forth in the Assignment attached. If payment is not made within thirty
(30) days after said final written notice, the District may, at its option, elect to terminate all of
the Applicant's right, title, or interest under this Contract, in which event the water right
1
allotted hereunder may be transferred, leased or otherwise disposed of by the District at the
discretion of its Board of Directors.
3. WELL PERMIT: If Applicant intends to divert through a well, then Applicant
must provide to District a copy of Applicant's valid well permit before the District is obligated
to deliver any water hereunder, and it is the Applicant's continuous duty to maintain a valid
well permit. Applicant shall also comply with all restrictions and limitations set forth in the
well permit obtained from the Colorado Division of Water Resources. 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. Applicant agrees to mark the well in a conspicuous place with the permit
number.
4. MEASURING DEVICE OR METER: Applicant agrees to provide, at its own
expense, a totalizing flow meter with remote readout to continuously and accurately measure at
all times all water diverted pursuant to the terms of Applicant's water right and the terms of
this Contract. On or before November 15 of each year, Applicant will provide accurate
readings from such device or meter (recorded on a monthly basis for the period November 1
through October 30 of each year) to District, the Division Engineer and Water Commissioner.
Applicant acknowledges that failure to comply with this paragraph could result in legal action
to terminate Applicant's diversion of water by the State of Colorado Division of Water
Resources. By signing this Contract, Applicant hereby specifically allows District, through its
authorized agent, to enter upon Applicant's property during ordinary business hours for the
purposes of determining Applicant's actual use of water.
5. COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT. Applicant
shall comply with Section 404 of the Clean Water Act and consult with the Army Corps of
Engineers to complete any Section 404 compliance that may be required as a result of the
construction of any facilities necessary to use contract water.
6. CONTRACT TERMINATION:
A. By District:
1. The District may terminate this Contract for any violation or
breach of the terms of this Contract by Applicant, or Applicant's breach of
any other contract with the District.
2. The District may terminate this Contract if, in its discretion, any
judicial or administrative proceedings initiated by Applicant threaten the
District's authority to contract for delivery or use of the District's water
rights, or threaten the District's permits, water rights, or other interests of
the District.
B. By Applicant:
2
1. Applicant may terminate this Contract in its entirety for any
reason by notifying the District in writing of the termination on or before
April 1. Notice by said date will prevent the Applicant's liability for the
next annual contract charge.
Except as herein expressly amended and modified, said Contract shall be and remain in
full force and effect.
Dated this 2(0 -"day of C- , 2019.
ASPEN POLO PARTNERS, LLP,
a Coloradr lin1.'tedliability partnership
By:
Name:
Title:
STATE OFa�'�� )
)ss
COUNTY oRcUlS3e�CI ,
The above and foregoing document was acknowledged before nye this 2.. (pi k day
of2019, by (n c c C fl
as
of Aspen Polo Partners, LLP, a Colorado limited liability
partnership.
Witness my hand and official seal..
My commission expires:
ANUSHKA FROMER
• :IS MY COMMISSION # FF923502
EXPIRES October 01 2019
(40F) 39&0193 FfondeNote ySerwcs oorr
3
YNI,„„g_ti4
Notary Public
The foregoing Amendment to Water Allotment Contract is approved by the Board of
Directors of the Basalt Water Conservancy District on this 10th day of September, 2019.
Attest:
By:
BASALT WATER CONSERVANCY DISTRICT
By:
Don Boyer, PrO dent
Scott Leslie,
Secretary to the Meeting
4
EXHIBIT A
LEGAL DESCRIPTION — ZONE 1
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 6th 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' 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 said
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' 43" 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 10; thence S 00 degrees 10' 37" E 354.80 feet along 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" 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 said Blue Creek Ranch on the following three (3) courses:
N 00 degrees 10' 37" 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' 12" 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.
also known as: 16411 Old State Highway 82, Carbondale, Colorado 81623
5
Water User :
Aspen Polo Partners, LLP
Analysis Date :
July 29, 2019
District Area:
A
Source Series:
4
Maximum Demand:
150 0.334
(GPM)
(CFS)
BASALT WATER CONSERVANCY DISTRICT
WATER REQUIREMENTS
(acre feet)
- Zone 1 -
Month
Total Demand
Consumptive Use
(14)
Source of
Aug/Replace
(1) (2) (3) (4) (5) (6)
Domestic Emergency Pond
In-house Commercial Irrigation Evaporation Horses TOTAL
(8) (9) (10) (11) (12) "(13)
Domestic Emergency Pond
In-house Commercial Irrigation Evaporation Horses TOTAL
January
0.314
0.742
0.000
0.092
0.151
1.299
0.047
0.111
0.000
0.092
0.151
0.442
GNM
February
0.284
0.671
0.000
0.108
0.136
1.198
0.043
0.101
0.000
0.108
0.136
0.426
GNM
March
0.314
0.742
0.000
0.169
0.151
1.376
0.047
0.111
0.000
0.169
0.151
0.526
GNM
April
0.304
0.719
0.230
0.277
0.146
1.675
0.046
0.108
0.184
0.277
0.146
0.836
GNM
May
0.314
0.742
0.000
0.369
0.151
1.576
0.047
0.111
0.000
0.369
0.151
0.746
GNM
June
0.304
0.719
0.000
0.446
0.146
1.614
0.046
0.108
0.000
0.446
0.146
0.820
GNM
July
0.314
0.742
0.000
0.461
0.151
1.668
0.047
0.111
0.000
0.461
0.151
0.847
GNM
August
0.314
0.742
0.000
0.415
0.151
1.622
0.047
0.111
0.000
0.415
0.151
0.797
GNM
September
0.304
0.719
0.000
0.308
0.146
1.476
0.046
0.108
0.000
0.308
0.146
0.667
GNM
October
0.314
0.742
0.278
0.215
0.151
1.700
0.047
0.111
0.222
0.215
0.151
0.821
GNM
November
0.304
0.719
0.000
0.123
0.146
1.291
0.046
0.108
0.000
0.123
0.146
0.464
GNM
December
0.314
0.742
0.000
0.092
0.151
1.299
0.047
0.111
0.000
0.092
0.151
0.442
GNM
TOTALS ->
3.696
8.742
0.508
3.075
1.774
17.796
0.554
1.311
0.407
3.075
1.774
7.834
Assumptions
Area A-4
(1)
NUMBER OF RESIDENCES 9.43 EQRs
(5)
# of Horses @ 11 gals/day 144
Roaring Fork
See domestic total/assumptions on Table 1 3.696 AF
Uniform Depli
(8)
% CU for Domestic/Commercial 15
from well(s)
(No delayed e
(2)
Commercial/Other Demand (af) 8.742 AF
(10)
% Lawn Irrig. Efficiency 80
See commercial total/assumptions on Table 1
Consumption of Irrig. (af/ac) 2.052
Irrigation fron
surface ditch(
(3)
Emergency Irrigation 108,900 square feet
(11)
Pond Evaporation 100
(No delayed e
Lawn Application Rate (af/ac) 2.565
100 percent consumptive
April and October Only (from surface ditches)
(4)
Pond Evaporation 3.075 AF
(10-11)
Elevation (feet) 6320
See Table 2
*(13)
= Domestic Use
Total Includes 5% Transit Loss
10% from Green Mtn.
= Commercial Use
River
?tions
ect)
s
fect)
S IIHIHX3
EXHIBIT C
BASALT WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT NO. 702
Pursuant to C.R.S. § 37-45131
ASPEN POLO PARTNERS, LLP, a Colorado limited liability partnership
("Applicant") has applied to the Basalt Water Conservancy District ("District") a political
subdivision of the State of Colorado, organized pursuant to and existing by virtue of
Section 37-45-101, Colorado Revised Statutes, et seri., for an allotment contract for beneficial
use of water rights owned, leased, or hereafter acquired by the District ("Contract"). By
execution of this Contract, Applicant agrees to the following terms and conditions and
those certain terms and conditions set forth in the attached Order, which is fully
incorporated as a part of this Contract:
1. QUANTITY: In consideration of the covenants and conditions herein
contained, Applicant shall be entitled to receive and apply to beneficial use 0.067 cubic feet
of water per second from the District's direct flow rights and 2.9 acre feet per year of
storage or other augmentation water owned or controlled by the District. Applicant shall
restrict actual diversions and consumptive use under this Contract to these amounts. The
Contract amount is based on the water requirements table attached hereto as Exhibit B.
Any increase or change in the water requirements to be served by the District will require
an amendment to the subject Contract,
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 water
rights hereafter acquired by the District, including the District's 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.
Releases from other facilities available to the District shall be subject to the contracts, laws,
rules, and regulations governing releases therefrom. Furthermore, the District hereby
1
expressly reserves the right to store water and to make exchange releases from structures
that may be built or controlled by the District in the future, so long as the water service to
the Applicant pursuant to this agreement is not impaired by said action.
3. At Applicant's request, this water allotment contract supply and applicant's
structure(s) benefited hereunder have been included in the District's umbrella plan for
augmentation decreed in Case No. 02CW77 ("Umbrella Plan"). Applicant agrees to pay
$3,000.00 for inclusion in the Umbrella Plan contemporaneously with acceptance of this
Order, unless otherwise agreed in writing by the parties, which amount is based on and
limited to the type(s) and amount of water use made by Applicant as detailed in Exhibit B
to this Water Allotment Contract,
4. PURPOSE AND LOCATION OF USE: Applicant will use the water rights
allotted pursuant to this Contract for beneficial purposes by diversion at Applicant's point
of diversion under the District's direct flow water rights and/or for use by augmentation or
exchange. Applicant will use the water allotted by the District 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 Applicant'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
It is acknowledged that certain locations within the District may not be susceptible to
service solely by the District's water rights allotted hereunder or the District's saidwater
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.
Any quantity of the Applicant's allocation not delivered to or used by Applicant by
the end of each water year shall revert to the water supplies of the District. Such reversion
shall not entitle Applicant to any refund of payment made for such water.
2
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 institute any legal proceedings for the approval
of an augmentation plan and/or any change to an alternate point of diversion of the
District's water right to allow the Applicant to utilize the water allotted hereunder, the
Applicant shall give the District written notice of such intent. In the event the Applicant
develops and adjudicates an alternate point of diversion and/or 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 application for change of water
right, and/or augmentation plan or other water supply plan involving the District's rights,
and the Applicant shall provide the District copies of such application and of all pleadings
and other papers filed with the Water Court in the adjudication thereof.
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 further
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 the
structures, works and facilities, if any, necessary to utilize the District's water rights allotted
hereunder for Applicant's beneficial use.
5, 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
3
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, a
late fee of $50 (or such other amount as the Board may set from time to time) will be
assessed and final written notice of the delinquent account and late fee assessment 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 final written notice, the District may, at its
option, elect to terminate all of the Applicant's right, title, 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.
6. 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.
7. 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.
Upon the sale of the real property to which this Contract pertains, Applicant has a
duty to make the buyer aware of this Contract and the need to assign the Contract to the
buyer. However, prior written approval of the Board of Directors of the District is required
before the assignment is effective. Payment of an assignment fee in an amount determined
by the Board shall be required as a prerequisite to approval of the assignment.
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, the Applicant may assign the Applicant's rights hereunder only to a
4
homeowners association, water district, water and sanitation district or other special
district, or other entity properly organized and existing under and by virtue of the laws of
the State of Colorado, and then only if such association, entity 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 has adopted or 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.
8. 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 all
applicable law, including, for example, 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 the County in which the water allotted hereunder is to be used, together
with all amendments of and supplements to any of the foregoing.
9. CURTAILMENT OF USE: The water service provided hereunder is expressly
subject to the provisions of that certain Stipulation in Case No. 81CW253 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.
10. 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
5
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 extension 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.
11. CHANCE 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.
12. 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,
13. 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.
14. COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT.
Applicant shall comply with Section 404 of the Clean Water Act and consult with the Army
Corps of Engineers to complete any Section 404 compliance that may be required as a result
of the construction of any facilities necessary to use contract water.
15. 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.
16. WELL PERMIT: If Applicant intends to divert through a well, then Applicant
must provide to District a copy of Applicant's valid well permit before the District is
obligated to deliver any water hereunder, and it is the Applicant's continuous duty to
maintain a valid well permit. Applicant shall also comply with all restrictions and
limitations set forth in the well permit obtained from the Colorado Division of Water
Resources. 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
6
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. Applicant agrees to mark the well in
a conspicuous place with the permit number.
17. MEASURING DEVICE OR METER: Applicant agrees to provide, at its own
expense, a totalizing flow meter with remote readout to continuously and accurately
measure at all times all water diverted pursuant to the terms of Applicant's water right and
the terms of this Contract. On or before November 15 of each year, Applicant will provide
accurate readings from such device or meter (recorded on a monthly basis for the period
November 1 through October 30 of each year) to District, the Division Engineer and Water
Commissioner. Applicant acknowledges that failure to comply with this paragraph could
result in legal action to terminate Applicant's diversion of water by the State of Colorado
Division of Water Resources. By signing this Contract, Applicant hereby specifically allows
District, through its authorized agent, to enter upon Applicant's property during ordinary
business hours for the purposes of determining Applicant's actual use of water.
18. CONTRACT TERMINATION:
A. Termination by District:
1. The District may terminate this Contract for any violation or
breach of the terms of this Contract by Applicant, or Applicant's
breach of any other contract with the District.
2. The District may terminate this Contract if, in its discretion, any
judicial or administrative proceedings initiated by Applicant threaten
the District's authority to contract for delivery or use of the District's
water rights, or threaten the District's permits, water rights, or other
interests of the District.
13. Termination by Applicant:
1. Applicant may terminate this Contract in its entirety for any
reason by notifying the District in writing of the termination on or
before April 1. Notice by said date will prevent the Applicant's
liability for the next annual contract charge.
19. RECORDING OF MEMORANDUM: In lieu of recording this Water
Allotment Contract, a Memorandum of Water Allotment Contract will be recorded with
7
the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum
shall be paid by Applicant.
APPLICANT:
ASPEN POLO PARTNERS, LLP,
a Colora li 'ted liability partnership
By:
Applicant's Address:
715 West Main Street
Aspen, CO 81611
Telephone No.: (970) 948-6523 (Craig Corona)
STATE OF ctoc:AA )
) ss.
COUNTY 014,','t)
Marc C. anti, Managing Partner
Subscribed and sworn to before me this "5141 day of a pc , 2018,
by Marc C. Ganzi as Managing Partner of Aspen Polo Partners, LLP, a Colorado limited
liability partnership.
WITNESS my hand and official seal.
My commission expires:
ANUSHKA PROMIR
-". Ai MY COMM}$SION 0 FF923502
EXPIRES October 01, 2414
I10r1 Ne•ol33 FbridaNQtllry$ervlq.cam
Notary Public
Water User'
Aspen Palo Partners. LLP
Analysis Date :
December 14, 2017
District Area:
A
So roe Series.
4
Maximum Demand:
30 0067
(GPM)
(CFS)
BASALT WATER CONSERVANCY DISTRICT
WATER REQUIREMENTS
(acre feet)
-Zone 2 -
Month
Total Demand
Consumptive Use
(14)
Source of
Aug/Replace
(1) (2) (3) (4) (5) (6)
Domeslic Comm Green Pond
In-house Center House Evap Horses TOTAL
c8) (9) (10) (1 1) (12) '[13)
Domestic Comm. Green Pond
In-house Center House Evap Horses TOTAL
January
1 39
0.014
0.008
0.000
1000
1.419
0.210
0.002
0.008
0.000
0.00D
0.249
GNM
February
1.253
0.012
0.007
0.000
0.000
1.282
0.189
0.002
0.007
0.000
0.000
0.218
GNM
March
1.398
0.014
0.048
0.000
0.000
1.419
0.210
0.002
0.008
0.000
0000
0.241 I
GNM
April
1.353
0.013
0.007
0.400
0.000
1.374
0.203
0.002
0.007
0.000
0.000
0.234
GNM
May
1.398
0.014
0.008
0.000
1000
t419
0.214
0.002
0.008
0.000
0.00D
0.248
GNM
June
1.353
0.013
11007
0.000
0.000
1.374
0.203
0.002
0.007
0 000
0.000
0.234
GNM
July
1.398
0.014
0.006
0.000
1000
1.419
0.210
0.002
0.008
0.000
0 000
0.241
GNM
August
1.398
0.014
0.006
0.000
1000
1.419
0.210
0.002
0.008
0.000
0 000
0.241
GNM
September
1.353
0.013
0.007
0.000
0 040
1.374
0.203
0.002
0.007
0 040
0 000
0.234
GNM
October
1.398
0.014
0.006
0.000
0.00D
1.419
1210
0.002
0.008
0.004
0 000
0.241
GNM
November
1.353
0.013
0 007
0.000
0 000
1.374
0.203
0.002
0.007
0 000
0 000
0.234
GNM
December
1.393
0.014
0.006
0-000
0 000
1.449
0.210
0.002
0.008
0.000
0.000
0.241
1 GNM
TOTALS -,
16.464
0.150
0.090
0-000
0-000
16.713
2470
0 024
0.090
0.000
0 000
2.848
Assumptions
(1)
NUMBER OF RESIDENCES
# personsfresrdence
# gallansfpersonldey
42.0
3-5
100
EG Rs
15)
tk of Livestock
r.�
11 gals/day
0
% CU for DemesbdJCommercia1
15
(2)
Community Center 0.000
Average use is 50 users per day on weekends @ 10 gpcd
(10)
% Green House Efficiency
100
(3)
Green House = 80 god
Pond Evaporation
100 percent consumptive
100
(4)
Pond Evaporation
Elevation (feet)
6320
'(13) Total Includes 5% Transit Loss
101'o from Green Mtn.
Area A-4
Roaring Fork River
Uniform Deptettons
from well(s)
(No delayed effect)
Barn Well No. 1
EXHIBIT D
COLORADO
Division of Water Resources
Departmera t Natural } urefn
WELL PERMIT NUMBER 313595 -
RECEIPT NUMBER 9 5045613A
ORIGINAL PERMIT APPLICANT(S)
ASPEN POLO PARTNERS LLP
AUTHORIZED AGENT
CORONA WATER LAW
PERMIT TO CONSTRUCT A NEW WELL
APPROVED WELL LOCATION
Water Divi8ion: 5 Water Di8triet: 38
Designated Bain: NiA
Management District: NiA
County: GARFIELD
Parcel Narne: NiA
Ehy8ictal Addre8s: 18411 HIGHWAY 82 CARBONDALE, CO
81823
SE 1/4 NE 1.4 Section 31 Township 7.0 5 Range 87.0 W Sixth P.M_
Wa I I to be con8tructed on ,specified tract of land
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CC NDITIC NS OF APPROVAL
1 r This well shall be used in such a way as to cause no nna to ria l. injury to existing water rights. The issuance of this permit .doe,
ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seek' N
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 Mate Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(0(0 for uses as described in CRS 37-92-602(1)(1). Use of this well is limited to
monitoring water levels andior water quality sampling. This well is known as Aspen Polo Partners;Monitoring/Observation Well
no. 4.
4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The
well must be kept capped and Locked at all times except during sampling or measuring.
5 Recon of water Level measurements and water quality analyses shall be maintained by the well owner and submitted to the
Division of Water Resources upon request.
6 Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Weil
Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60
days of plugging.
7j The owner shall mark the well in a conspicuous Location with the well permit number and name of aquifer as appropriate, anrJ
shall take necessary means and precautions to preserve these markings.
8) This well must be constructed by or under the supervision of a Licensed well driller or other authorized individual according to
the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in
accordance with Rule 18 and approved prior to well construction.
9) A Well Construction and Yield Estimate Report (Form GWS -31), including Lithologic Log must be submitted by the individual
authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details
such as depth, casing, pe rf ora ted zo nties, and a description of the grouting type and interval.
10) Pursuant to Rule 6.2.3 of the Water We L L Construction Rules, the well construction contractor shall submit the as -built well
Location on work reports required by Rule 17.1 within 60 days of completion of the well. The measured Location must be
accurate to 200 feet of the actual Location. The Location information must include a GPS Location (UTM coordinates) pursuant to
the Division of Water Resources' guidelines.
NOTE: Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit_
Additionally, pursuant to Rule 14.2 of the Water Well Construction Rules (2 CCR 402-2), monitoring hoLes constructed pursuant
to a monitoring hole notice shall not be converted to a production well. (Upon obtaining a permit from the State Engineer, a
monitoring hole may be converted to a monitoring well, recovery well for remediation of the aquifer, ora dewatering system
for dewatering the aquifer.)
NOTE: Permit nos. 42875, 42875-A, 307221 (canceled), 307480, 311610 (canceled) and 82161-F, were previously issued for this
tract of Land.
Printed 05-30-2019 For questions about this permit call 303.866.3581 or go to wvwv .water_state. o. us
Pate 1 of 2
WELL PERMIT NUMBER 313595 -
RECEIPT NUMBER 9504568A
NOTE: Parcel Identification Number (PIN): 23-2391-311-00-033
NOTE: Assessor Tax Schedule Number: R043722 (totaling 101144 acres)
NOTE: This permit will expire on the expiration date unless the well is constructed by thatdate. A Well Construction and Yield
Estimate Report (GS. -31) must be submitted to the Division of Water Resources to verify the well has been constructed. An
extension of the expiration date may be available. Contact the DWR for additional information or refer to the extension request
form (GWS- available at: http: / /www.water.state.co. us
r
Issued By DWIGHT WHITEHEAD
Date Issued: 5/30/2019
Expiration Date: 5130/2021
Printed 05-30-2619
For questions about this permit call 301.8663581 or go to www.water_state.co.us Page 2 of 2
Barn Well No. 2
COLORADO
Division of Water Resources
Departmera t Natural } urefn
WELL PERMIT NUMBER 313596 -
RECEIPT NUMBER 95568E
ORIGINAL PERMIT APPLICANT(S)
ASPEN POLO PARTNERS LLP
AUTHORIZED AGENT
CORONA WATER LAW
PERMIT TO CONSTRUCT A NEW WELL
APPROVED WELL LOCATION
Water Division: 5 Water DiStriet: 38
Designated Basin: NiA
Management District: NiA
County: GARFIELD
Parcel Name: N/A
Physical Address: 18411 HIGHWAY 82 CARBONDALE, CO
81823
SE 1/4 NE 1.4 Section 31 Township 7.0 5 Range 87.0 W Sixth P.M_
We I I to be constructed on ,specified tract of land
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CC NDITIC NS OF APPROVAL
1 r This well shall be used in such a way as to cause no nna to ria l. injury to existing water rights. The issuance of this perriiil
ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seek' N
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 Mate Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18.
31 Approved pursuant to CRS 37-92-6023)()(I) for uses as described in CRS 37-92-602(1)(1). Use of this well is limited to
monitoring water levels andlor water quality sampling. This well is known as Aspen Polo Partners Monitoring/Observation Well
no. 5.
4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The
well must be kept capped and Locked at all times except during sampling or measuring.
5 Recon of water Level measurements and water quality analyses shall be maintained by the well owner and submitted to the
Division of Water Resources upon request.
6.1 Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Weil
Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60
days of plugging.
7j The owner shall mark the well in a conspicuous Location with the well permit number and name of aquifer as appropriate, anrJ
shall take necessary means and precautions to preserve these markings.
8) This well must be constructed by or under the supervision of a Licensed well driller or other authorized individual according to
the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in
accordance with Rule 18 and approved prior to well construction.
9) A Well Construction and Yield Estimate Report (Form GWS -31), including Lithologic Log must be submitted by the individual
authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details
such as depth, casing, perforated zones, and a description of the grouting type and interval.
10) Pursuant to Rule 6.2.3 of the Water Well Construction Rules, the well construction contractor shall submit the as -built well
Location on work reports required by Rule 17.1 within 60 days of completion of the well. The measured location must be
accurate to 200 feet of the actual Location. The Location information must include a GPS Location (UTM coordinates) pursuant to
the Division of Water Resources' guidelines.
NOTE: Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit_
Additionally, pursuant to Rule 14.2 of the Water Well Construction Rules (2 CCR 402-2), monitoring holes constructed pursuant
to a monitoring hole notice shall not be converted to a production well. (Upon obtaining a permit from the State Engineer, a
monitoring hole may be converted to a monitoring well, recovery well for remediation of the aquifer, ora dewatering system
for dewatering the aquifer.)
NOTE: Permit nos. 42875, 42875-A, 307221 (canceled), 307480, 311610 (canceled) and 82161-F, were previously issued for this
tract of Land.
Printed 05-30-2019 For questions about this permit call 303.866.3581 or go to wine .water_state.co. us
Pate 1 of 2
WELL PERMIT NUMBER 313596 -
RECEIPT NUMBER 9504568E
NOTE: Parcel Identification Number (PIN): 23-2391-311-00-033
NOTE: Assessor Tax Schedule Number: R043722 (totaling 101144 acres)
NOTE: This permit will expire on the expiration date unless the well is constructed by thatdate. A Well Construction and Yield
Estimate Report (GS. -31) must be submitted to the Division of Water Resources to verify the well has been constructed. An
extension of the expiration date may be available. Contact the DWR for additional information or refer to the extension request
form (GWS- available at: http: / /www.water.state.co. us
r
Issued By DWIGHT WHITEHEAD
Date Issued: 5/30/2019
Expiration Date: 5130/2021
Printed 05-30-2619
For questions about this permit call 301.8663581 or go to www.water_state.co.us Page 2 of 2
Barn Well No. 3
COLORADO
Division of Water Resources
Dprtrrterkt t Natural } urefn
WELL PERMIT NUMBER 42875--A
RECEIPT NUMBER 3690404
ORIGINAL PERMIT APPLICANT(S)
ASPEN POLO PARTNERS LLP (CORONA, CRAIG)
PERMIT TO REPLACE EXISTING WELL
PERMIT TO USE AN EXISTING WELL
APPROVED WELL LOCATION
Water Divi8ion: 5 W tar Di8triet: 38
Di8i9r ted Bain: N/A
Managirnint District: N/A
County: GARFIELD
Parcel Nartii: N/A
Phy8icaI Addre8s: 18411 HWY 82 CAR BONDALE, CO 81823
SE 1/4 NE 1.14 Section 31 Township 7.0 5 Rama 87.0 W Sixth P.M_
UTM COORDINATES (Meter, ne:13) NAD83)
Easting: 315188.0 Northing: 4363923.0
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1 p 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 n o t
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 shalt be in compliance with the Water Welt Construction Rules 2 CCR 402-2, unless approval of
variance has been granted by the Mate Board of Examiners of Water Well Cortstruction and Pump Installation Contractors in
accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(c) for the change /expansion of use of a we l l constructed under permit no. 311610 and
the relocation of an existing well, permit no. 42875. The old well must be plugged in accordance with Rule 16 of the Water Welt
Construction Rules within ninety-one (91) days of completion of the new well. The enclosed Well Abandonment Report form
must be completed and submitted to affirm that the old well was plugged.
4) Issuance of this permit hereby cancels permit no. 311610.
5) Approved for a well on a residential site of 109.25 acre(s) described as that portion of the SW 1/4 of the NW 1/4, the NW 114 Of
the SW 1 /4 of Section 32, the NE 1/4 of the NE 1/4, the SE 1/4 of the NE 1/4, the SW 114 of the NE 1/4, the NW 1/4 of the SE
114 and the NE 114 of the SE 1/4 of Section 31, Township 7 South, Range 87 West of the Sixth Principal Meridian, Garfield
County, more particularly described on Exhibit A in the well permit file.
6) The use of ground water from this well is Limited to ordinary household purposes inside one single family dwelling. The ground
water shall not be used for irrigation or other pu rpos.
7 j The pumping rate of this well shall not exceed 15 GPM.
8) This well shall be located not more than 200 feet from the location specified on this permit.
NOTICE: This permit has been approved subject to the following changes: The qua rter/quarter, quarter, Section., Township,
Range and P.M. were determined from UTM coordinate values on the well construction and yield estimate report for permit !IL.
311610. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with
this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 2i-1-
104 through 106, C.R.S.)
NOTE: Parcel Identification Number (PIN): 2391-311-00-033
F)&ergoram4
Issued By GEOFFREY DAVIS
Date I sued: 21201 Z019
Expiration [ate. NIA
Printed OZ -20-Z019
For questions about this permit caLL 303.866.3581 or go to wwrw.water_state_co.us Page 1 of 1
Barn Well No. 4
COLORADO
Division of Water Resources
Departmera t Natural } urefn
WELL PERMIT NUMBER 313597 -
RECEIPT NUMBER 9504568C
ORIGINAL PERMIT APPLICANT(5 )
ASPEN POLO PARTNERS LLP
AUTHORIZED AGENT
CORONA WATER LAW
PERMIT TO CONSTRUCT A NEW WELL
APPROVED WELL LOCATION
Water Division: 5 Water DiStriet: 38
Designated Basin: NiA
Management District: NiA
County: GARFIELD
Parcel Name: N/A
Physical Address: 18411 HIGHWAY 82 CARBONDALE, CO
81823
SE 1/4 NE 1.4 Section 31 Township 7.0 5 Range 87.0 W Sixth P.M_
We I I to be constructed on ,specified tract of land
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CC NDITIC NS OF APPROVAL
1 r This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this perriiil
ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seek' N
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 Mate Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18.
31 Approved pursuant to CRS 37-92-6023)()(I) for uses as described in CRS 37-92-602(1)(1). Use of this well is limited to
monitoring water levels andlor water quality sampling. This well is known as Aspen Polo Partners Monitoring/Observation Well
no. 6.
4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The
well must be kept capped and Locked at all times except during sampling or measuring.
5 Records of water Level measurements and water quality analyses shall be maintained by the well owner and submitted to the
Division of Water Resources upon request.
6.1 Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Weil
Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60
days of plugging.
7j The owner shall mark the well in a conspicuous Location with the well permit number and name of aquifer as appropriate, anrJ
shall take necessary means and precautions to preserve these markings.
8) This well must be constructed by or under the supervision of a Licensed well driller or other authorized individual according to
the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in
accordance with Rule 18 and approved prior to well CO nstruc do n.
9) A Well Construction and Yield Estimate Report (Form GWS -31), including Lithologic Log must be submitted by the individual
authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details
such as depth, casing, perforated zones, and a description of the grouting type and interval.
10) Pursuant to Rule 6.2.3 of the Water We L L Construction Rules, the well construction contractor shall submit the as -built well
Location on work reports required by Rule 17.1 within 60 days of completion of the well. The measured location must be
accurate to 200 feet of the actual Location. The Location information must include a GPS Location (UTM coordinates) pursuant to
the Division of Water Resources' guidelines.
NOTE: Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit_
Additionally, pursuant to Rule 14.2 of the Water Well Construction Rules (2 CCR 402-2), monitoring holes constructed pursuant
to a monitoring hole notice shall not be converted to a production well. (Upon obtaining a permit from the State Engineer, a
monitoring hole may be converted to a monitoring well, recovery well for remediation of the aquifer, ora dewatering system
for dewatering the aquifer.)
NOTE: Permit nos. 42875, 42875-A, 307221 (canceled), 307480, 311610 (canceled) and 82161-F, were previously issued for this
tract of Land.
Printed 05-30-2019 For questions about this permit call 303.866.3581 or go to www.water_state.co.us
Page 1 of 2
WELL PERMIT NUMBER 313597 -
RECEIPT NUMBER 9504568C
NOTE: Parcel Identification Number (PIN): 23-2391-311-00-033
NOTE: Assessor Tax Schedule Number: R043722 (totaling 101144 acres)
NOTE: This permit will expire on the expiration date unless the well is constructed by thatdate. A Well Construction and Yield
Estimate Report (GS. -31) must be submitted to the Division of Water Resources to verify the well has been constructed. An
extension of the expiration date may be available. Contact the DWR for additional information or refer to the extension request
form (GWS- available at: http: / /www.water.state.co. us
r
Issued By DWIGHT WHITEHEAD
Date Issued: 5/30/2019
Expiration Date: 5130/2021
Printed 05-30-2619
For questions about this permit call 301.8663581 or go to www.water_state.co.us Page 2 of 2
Barn Well No. 5
COLORADO
Division of Water Resources
Departmera t Natural } urefn
WELL PERMIT NUMBER 313599 -
RECEIPT NUMBER 9504568E
ORIGINAL PERMIT APPLICANT(S)
ASPEN POLO PARTNERS LLP
AUTHORIZED AGENT
CORONA WATER LAW
PERMIT TO CONSTRUCT A NEW WELL
APPROVED WELL LOCATION
Water Division: 5 Water DiStriet: 38
Designated Basin: NiA
Management District: NiA
County: GARFIELD
Parcel Name: N/A
Physical Address: 18411 HIGHWAY 82 CARBONDALE, CO
81823
SE 1/4 NE 1.4 Section 31 Township 7.0 5 Range 87.0 W Sixth P.M_
We I I to be constructed on ,specified tract of land
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CC NDITIC NS OF APPROVAL
1 r This well shall be used in such a way as to cause no nna to ria l. injury to existing water rights. The issuance of this perriiil
ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seek' N
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 Mate Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18.
31 Approved pursuant to CRS 37-92-6023)()(I) for uses as described in CRS 37-92-602(1)(1). Use of this well is limited to
monitoring water levels andlor water quality sampling. This well is known as Aspen Polo Partners Monitoring/Observation Well
no. 8.
4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The
well must be kept capped and Locked at all times except during sampling or measuring.
5 Recon of water Level measurements and water quality analyses shall be maintained by the well owner and submitted to the
Division of Water Resources upon request.
6.1 Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Weil
Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60
days of plugging.
7j The owner shall mark the well in a conspicuous Location with the well permit number and name of aquifer as appropriate, anrJ
shall take necessary means and precautions to preserve these markings.
8) This well must be constructed by or under the supervision of a Licensed well driller or other authorized individual according to
the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in
accordance with Rule 18 and approved prior to well construction.
9) A Well Construction and Yield Estimate Report (Form GWS -31), including Lithologic Log must be submitted by the individual
authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details
such as depth, casing, perforated zones, and a description of the grouting type and interval.
10) Pursuant to Rule 6.2.3 of the Water Well Construction Rules, the well construction contractor shall submit the as -built well
Location on work reports required by Rule 17.1 within 60 days of completion of the well. The measured location must be
accurate to 200 feet of the actual Location. The Location information must include a GPS Location (UTM coordinates) pursuant to
the Division of Water Resources' guidelines.
NOTE: Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit_
Additionally, pursuant to Rule 14.2 of the Water Well Construction Rules (2 CCR 402-2), monitoring holes constructed pursuant
to a monitoring hole notice shall not be converted to a production well. (Upon obtaining a permit from the State Engineer, a
monitoring hole may be converted to a monitoring well, recovery well for remediation of the aquifer, ora dewatering system
for dewatering the aquifer.)
NOTE: Permit nos. 42875, 42875-A, 307221 (canceled), 307480, 311610 (canceled) and 82161-F, were previously issued for this
tract of Land.
Printed 05-30-2019 For questions about this permit call 303.866.3581 or go to wvwv .water_state.co. us
Page 1 of 2
WELL PERMIT NUMBER 313599 -
RECEIPT NUMBER 9504568E
NOTE: Parcel Identification Number (PIN): 23-2391-311-00-033
NOTE: Assessor Tax Schedule Number: R043722 (totaling 101144 acres)
NOTE: This permit will expire on the expiration date unless the well is constructed by thatdate. A Well Construction and Yield
Estimate Report (GS. -31) must be submitted to the Division of Water Resources to verify the well has been constructed. An
extension of the expiration date may be available. Contact the DWR for additional information or refer to the extension request
form (GWS- available at: http: / /www.water.state.co. us
r
Issued By DWIGHT WHITEHEAD
Date Issued: 5/30/2019
Expiration Date: 5130/2021
Printed 05-30-2619
For questions about this permit call 301.8663581 or go to www.water_state.co.us Page 2 of 2
Barn Well No. 6
COLORADO
Division of Water Resources
Departmera t Natural } urci ;
WELL PERMIT NUMBER 313598 -
RECEIPT NUMBER 95045&8D
ORIGINAL PERMIT APPLICANT(5 )
ASPEN POLO PARTNERS LLP
AUTHORIZED AGENT
CORONA WATER LAW
PERMIT TO CONSTRUCT A NEW WELL
APPROVED WELL LOCATION
Water Division: 5 Water DiStriet: 38
Designated Basin: NiA
Management District: NiA
County: GARFIELD
Parcel Name: N/A
Physical Address: 18411 HIGHWAY 82 CARBONDALE, CO
81823
SE 1/4 NE 1.4 Section 31 Township 7.0 5 Range 87.0 W Sixth P.M_
We I I to be constructed on ,specified tract of land
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CC NDITIC NS OF APPROVAL
1 r This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this perriiil
ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seek' N
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 Mate Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18.
31 Approved pursuant to CRS 37-92-6023)()(I) for uses as described in CRS 37-92-602(1)(1). Use of this well is limited to
monitoring water levels andlor water quality sampling. This well is known as Aspen Polo Partners Monitoring/Observation Well
no. 7.
4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The
well must be kept capped and Locked at all times except during sampling or measuring.
5 Records of water Level measurements and water quality analyses shall be maintained by the well owner and submitted to the
Division of Water Resources upon request.
6.1 Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Weil
Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60
days of plugging.
7j The owner shall mark the well in a conspicuous Location with the well permit number and name of aquifer as appropriate, anrJ
shall take necessary means and precautions to preserve these markings.
8) This well must be constructed by or under the supervision of a Licensed well driller or other authorized individual according to
the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in
accordance with Rule 18 and approved prior to well construction.
9) A Well Construction and Yield Estimate Report (Form GWS -31), including Lithologic Log must be submitted by the individual
authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details
such as depth, casing, perforated zones, and a description of the grouting type and interval.
10) Pursuant to Rule 6.2.3 of the Water We L L Construction Rules, the well construction contractor shall submit the as -built well
Location on work reports required by Rule 17.1 within 60 days of completion of the well. The measured location must be
accurate to 200 feet of the actual Location. The Location information must include a GPS Location (UTM coordinates) pursuant to
the Division of Water Resources' guidelines.
NOTE: Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit_
Additionally, pursuant to Rule 14.2 of the Water Well Construction Rules (2 CCR 402-2), monitoring holes constructed pursuant
to a monitoring hole notice shall not be converted to a production well. (Upon obtaining a permit from the State Engineer, a
monitoring hole may be converted to a monitoring well, recovery well for remediation of the aquifer, ora dewatering system
for dewatering the aquifer.)
NOTE: Permit nos. 42875, 42875-A, 307221 (canceled), 307480, 311610 (canceled) and 82161-F, were previously issued for this
tract of Land.
Printed 05-30-2019 For questions about this permit call 303.866.3581 or go to www.water_state..co.us
Page 1 of 2
WELL PERMIT NUMBER 313598 -
RECEIPT NUMBER 9504568D
NOTE: Parcel Identification Number (PIN): 23-2391-311-00-033
NOTE: Assessor Tax Schedule Number: R043722 (totaling 101144 acres)
NOTE: This permit will expire on the expiration date unless the well is constructed by thatdate. A Well Construction and Yield
Estimate Report (GS. -31) must be submitted to the Division of Water Resources to verify the well has been constructed. An
extension of the expiration date may be available. Contact the DWR for additional information or refer to the extension request
form (GWS- available at: http: / /www.water.state.co. us
r
Issued By DWIGHT WHITEHEAD
Date Issued: 5/30/2019
Expiration Date: 5130/2021
Printed 05-30-2619
For questions about this permit call 301.8663581 or go to www.water_state.co.us Page 2 of 2