HomeMy WebLinkAbout1.0 ApplicationGarfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
LAND USE CHANGE PERMIT
APPLICATION FORM
TYPE
OF APPLICATION
Administrative Review
❑ Development in 100 -Year Floodplain
❑Limited Impact Review
❑ Development in 100 -Year Floodplain Variance
❑Major
Impact Review
❑ Code Text Amendment
Amendments to an A roved LUCP
❑ Rezoning
❑Zone District ❑PUD ❑PUD Amendment
LIR ❑MIR IISUP
Minor Temporary Housing Facility
Administrative Interpretation
❑Vacation
of a County Road/Public ROW
❑Appeal of Administrative Interpretation
nLocation
and Extent Review
❑Areas and Activities of State Interest
❑Comprehensive Plan Amendmenlj
❑Accommodation Pursuant to Fair Housing Act
❑Pipeline Development
❑Variance
Time Extension (also check type of original application)
r INVOLVED PARTIES
Owner/Applicant /�
i Y
Name: joe. l s w z Roken N vi _
Mailing Address: P' `
Phone: (9 ) 4E-aii4
City: S /LT
E-mail: JDA'—Irui z@ IIVQ-C_Oi-r�
State: 1' Zip Code: . S i C„
Representative (Authorization Required)
Name: Phone: (
Mailing Address:
City: State: Zip Code:
E-mail:
PROJECT NAME AND LOCATION
Project Name:
ben 111 1ltw
Assessor's Parcel Number:
Physical/Street Address: 6.0 u D 3cib 5/ c. -r C O A -1,65 --
Legal Description:
Zone District: Property Size (acres): 3(. f'-1 GH._
`f'
PROJECT DESCRIPTION 1" "
•
Existing Use:
Aer
Proposed Use (From Use Table 3-403): Uje., 1 •
Description of Project:
I ✓t ! 3 rt ct 61/4 c,t s
REQUEST FOR WAIVERS
Submission Requirements
The Appl'ca t reques in Waiver of Submission Requirements per Section 4-202. List:
Section: U L (all," v ,,V )15ection:
Section: 1 u Section:
Waiver of Standards
0 The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: Section:
Section: Section:
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
ignat e of Property Owner or Authorized Representative, Title Date
OFFICIAL USE ONLY
File Number: -
Fee Paid: $
SEPTEMBER 22 2020
RUBEN MINOR SUBDIVISION PROJECT NARRATIVE
This application is for the division of a 35.97 acres Parcel (#217916103003), which is located south of Silt
at County Road 346, into a minor subdivision consisting of three lots. The proposed lot sizes are
as follows: Lot 1-13.017 acres, Lot 2 — 11.466 acres, and Lot 3 — 11.490. The site is zoned Rural
and there is currently a driveway and a 10x16 storage shed on Lot 2.
ARTICLE 7 - DIVISION 1: GENERAL APPROVAL STANDARDS
Section 7.101: Zone District Use Regulations
The subject property is currently zoned Rural and the proposed minor subdivision will not change this.
Section 7.102: Comprehensive Plan and Intergovernmental Agreements
The Comprehensive Plan includes relatively few policies which provide direct guidance with respect to
the proposed subdivision. The Future Land Use Chapter of the Comprehensive Plan establishes the
broad land use and density for future development within the County.
The proposed subdivision in in conformance with the applicable zone district: Rural, minimum lot size 2
acres, with the proposed lot sizes as follows: Lot 1-13.017 acres, Lot 2 —11.466 acres, and Lot 3 —
11.490 acres, which are all well above the minimum lot size allowed. The subject property is not located
within any unincorporated community, or water and sewer service area, nor is there any regional
center, town center, rural employment center or village center mapped in the area where the subject
property is located.
The County desires to retain the rural character of the area and the proposed subdivision would provide
that with the creation of a mere two additional lots, in which agricultural and grazing uses can remain.
As far as recreation, open space, and trails, the subject property is not bordered by any streams or rivers
where fishing or rafting may occur.
No significant visual impact is expected with the creation of the three lots.
Based on the current regulations, by dividing the property now in in the proposed manner, the
individual lots cannot be subdivided again, therefore the agricultural land will be protected from
infringement of higher density uses.
The proposed subdivision will comply with the designated Rural Zoning District, which allows residential
lots with a minimum lot area of two acres. The proposed lot sizes would allow for continued agricultural
and grazing uses, with minimal impact on adjacent agricultural operations.
Section 7.103: Compatibility
The surrounding properties are zoned rural with a mix of Rural Residential and Agriculture/Grazing Land
Use . There are seven adjacent properties ranging in size from 4 acres to 40 acres. The proposed land
use will change from Agriculture and Grazing to Residential Medium High (1 du per 2 - <6 acres),
whereas the zoning will remain Rural, protecting the existing character of the area. The proposed lot
1
sizes are much larger than the minimum two acres required for this designation, and will allow for small
scale agriculture and grazing to continue.
Section 7.104: Source of Water
The owners have obtained contracts for water from West Divide Water Conservancy District. WDWCD
has approved one well per proposed lot.
Section 7.105: Central Water Distribution and Wastewater Systems
There will be no central water distribution as each lot will have its own well, please see attached
contracts from the West Divide Water Conservancy District referencing an adequate water supply.
Furthermore, each lot will have its own separate OWTS, attached is the preliminary soils
evaluation for each lot for future on site wastewater systems prepared by High Country
Engineering, Inc.
All septic systems will be engineered by a qualified professional.
Section 7.106: Public Utilities
The only public utility the subject property and proposed lots will have is electricity as each lot will have
its own water supply, wastewater system, and its own propane tank. There are existing power lines
running along Hwy 346 with a transformer already on place that will supply lots 2 and 3. Lot one will
get its own transformer from a separate pole. Underground electricity service lines will be brought from
the existing poles to each dwelling.
Section 7.107: Access and Roadways
Each lot will have its own legal entrance and direct access to County Road 346. Per attached letter from
Garfield County Road and Bridge, there is adequate space for safe access to the county road on the
south side of the property. Lot 2 already has its driveway in place and lots 1 and 3 have the approval to
be constructed. There will be no public roadways within the subdivision. No roads proposed, only
driveways to future single family dwellings and allowed accessory buildings.
Section 7.108: Use of Land Subject to Natural Hazards
The subject land does not have the following natural and geologic hazards: falling rock, landslides, snow
slides, mud flows, radiation, nor flooding. Preliminary soils evaluation for waste water treatment
prepared by qualified professional engineer for each lot is attached.
Section7.109: Fire Protection
The subject property is located within the Colorado River Fire Rescue District and is not adjacent nor
surrounded by forests. The owners have made contact with the County Fire Chief and were told the
County will send appropriate documentation to the CRFR District for review.
ARTICLE 7 — DIVISION 2: GENERAL RESOURCE PROTECTION STANDARDS
Section 7.201: Agricultural Lands
The subject land is currently being used to grow hay and grace some livestock and a few horses. The
proposed subdivision does not affect such use. The proposed subdivision will have no adverse effect on
any nearby agriculture or grazing use. There are currently no large-scale livestock and herding activities
occurring which might be disrupted by domestic animals. Fences will be built to protect adjoining
agricultural lands and livestock. The proposed lots will not have roads, only driveways.
2
E.1: As noted on plat there will be a 20ft. ditch easement on the south side of lot 2 and 3 to transport
water rights to lot 2. Lots 1 and three will not have water rights only waste water use.
E.2: The owners of the subject property understand that the Colorado Constitution Article XVI, Section 7
provides that all persons and corporations shall have the right-of-way across public, private and
corporate lands for the construction of ditches for the purposes of conveying water for domestic,
agricultural, mining, manufacturing and drainage purposes upon just compensation.
E.3: The land use change will not interfere with the ditch rights-of-way.
E.4: The owners of the proposed subdivision will insure that the use of ditches, including maintenance,
can continue uninterrupted where irrigation ditches cross or adjoin the land proposed to be developed.
E.5: The owners are aware that no structure or fence shall be placed within the right-of-way or
easement.
E.6: The applicants own the ditch that crosses the property therefore there is no need to obtain
permission from owners.
E.7: 7. The Application for Division of Land or Land Use Change Permit will not affect or impact any ditch
right-of-way.
E.8: There will be no change on irrigation ditch drainage.
E.9: since there will be no change in irrigation dich and applicants own ditch this sections does not apply
Section 7.202: Wildlife Habitat Areas
On Wednesday, September 9, 2020, Travis Bybee, of Colorado Parks and Wildlife, 970-985-5882,
informed the owners that the subject property is within the critical deer mule range. He stated that as
the application process progresses, he will advise of steps the owners can take to ease the impact on
this population of deer, such as, the type of wildlife -friendly fencing that would be best, as well as a
provide a list of toxic and dangerous plants that should be avoided when it comes time to landscape.
Section 7.203: Protection of Waterbodies
The subject property is not located near any waterbodies, per the definition of a waterbody in the
Garfield County Land Use and Development Code, Article 15: Definitions.
Section 7.204: Drainage and Erosion
There are no drainage and erosion problems on the subject property. There is an existing culver going
under Hwy 346 to serve as and drainage of waste water.
Section 7.205: Environmental Quality
Air quality levels will not be reduced below acceptable levels with the creation of this minor subdivision.
The planned use of the proposed subdivision does not anticipate hazardous material storage, but rather
rural residential, as well as agricultural and grazing activities.
Section 7.206: Wildfire Hazards
The subject property is not located in any area designated as a severe wildfire Hazard Area with Slopes
greater than 30% or within a fire chimney as identified by the Colorado State Forest Service. It is not
surrounded by large trees and the proposed land use change does not increase the potential intensity or
duration of a wildfire, nor does it adversely affect wildfire behavior or fuel composition. Roof materials
shall be made of noncombustible materials or other materials as recommended by the local fire agency.
Section 7.207: Natural and Geologic Hazards
3
There will be no above -ground utility facilities located in Hazard Areas. The development is not in an
Avalanche Hazard Area, nor is it in a Landslide Hazard Area, Rock fall Hazard Area, Alluvial Fan Hazard
Area, nor does the subject property have slopes 20% or greater, nor is it in a Mudflow Area, nor over a
Fault.
Section 7.208: Reclamation
This section does not apply to the proposed subdivision.
ARTICLE 7 — DIVISION 3: SITE PLANNING AND DEVELOPMENT STANDARDS
Section 7.301: Compatible Design
Proposed subdivision is for single-family dwelling units, which are exempt from this section.
Section 7.302: Off -Street Parking and Loading Standards
Proposed subdivision is for single-family dwelling units, which are exempt from this section.
Section 7.303: Landscaping Standards
Proposed subdivision is for single-family dwelling units, which are exempt from this section.
Section 7.304: Lighting Standards
This section does not apply to the proposed subdivision.
Section 7.305: Snow Storage Standards
Proposed subdivision is for single-family dwelling units, which are exempt from this section.
Section 7.306: Trail and Walkway Standards
Proposed subdivision is for single-family dwelling units, which are exempt from this section.
ARTICLE 7 - DIVISION 4: SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS
Section 7.401: General Subdivision Standards
There will not be common facilities for the proposed subdivision. There will be no protective covenants
for the Subdivision and the resident of each unit will have to ensure their domestic animals remain
within the boundaries of their property. Owners are aware that open hearth, solid -fuel fireplaces are
prohibited and that only natural gas burning stoves and appliances are allowed. The proposed
development is not in a floodplain.
Section 7.402: Subdivision Lots
Proposed lot area, width, frontage, depth, shape, location, and orientation are in conformance with the
applicable zone district requirements and other appropriate provisions of this Code. All side lot lines will
be substantially at right angles or radial to road right-of-way lines. No wedge-shaped lots or lots fronting
on cul-de-sacs are proposed in this subdivision. No lots will be divided by municipal boundaries, County
roads or public rights-of-way.
Section 7.403: Survey Monuments
Owners are aware that prior to selling or advertising the sale of lots, No. 5 steel rebar, 18 inches or
longer in length, shall be set at all lot corners pursuant to C.R.S. §§ 38-51- 104 and 38-51-105.
4
Section 7.404: School Land Dedication
Owners are aware of the fees for payment in lieu for school land.
Section 7.405: Road Impact Fees
Owners are aware of the Road Impact Fees.
The parcel is fenced on all sides.
There will only be water rights to lot #2
Owners will finance cost of subdividing.
All taxes have been paid.
All fees will be paid by owners.
The Final Plat meets section 5-402.F Final Plat requirements.
5
FC Garfield County J
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUN ") and Property Owner ("APPLICANT") JO Cc_
v f3 gN 01 agree as follows:
1. The Applicant has submitted to the County an application for the following Project:
Fo13 ecl yv\►N 00z. S -i flIVIS t
2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as
amended, establishes a fee schedule for each type application, and the guidelines for the
administration of the fee structure.
3. The Applicant and the County agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. The Applicant agrees to make payment of the Base
Fee, established for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The Applicant agrees to make additional payments upon notification by the
County, when they are necessary, as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional County staff time or expense not covered by
the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay
additional billings to the County to reimburse the County for the processing of the Project.
The Applicant acknowledges that all billing shall be paid prior to the final consideration by
the County of any Land Use Change or Division of Land.
I hereby agree to pay all fees related to this application:
Billing Contact Person: JO ems. R� ti z Phone: ('?o) y " op -(4 -!
Billing Contact Address:
City: S L
Billing Contact Email:
State: GO Zip Code: X I L 5 a
) ne {-- r is -7- e a Ile • C o,v-,
Printed Name of Person Authorized t
g
/- o
(Sig ure) (Date)
County
Project Name
COLORADO GEOLOGICAL SURVEY SUBMITTAL
FORM FOR LAND -USE REVIEWS
R-18611 rn i fQ o
Date / _ 4— rL c'.0
So oto J I s iD r-3
APPLICANT
(or Applicant's Authorized
Representative responsible for paying CGS -review fee)
Name JO eL J ... J Pit.; t3 6i--1 Li I
Address P'0 0, 0s.
S /c.-1- L o 8' I L 5
Ph. No6017) .ati-alc41' Fax No.
1/4,1/2, or1/41/4
Section(s)
Township
Range
Dec Lat
Dec Long
FEE SCHEDULE
(effective June 1, 2009)
Reviews for Counties
Small Subdivision (> 3 dwellings and < 100 acres) $950
Large Subdivision (> 100 acres and < 500 acres) „ , $1,550
Very Large Subdivision (500 acres or more) $2,500
Very small residential subdivisions (1-3 dwellings and < 100 acres) $600
Reviews for Municipalities .At hourly rate of reviewer
Special Reviews At hourly rate of reviewer
School Site Reviews $855
CGS LAND USE REVIEWS
Geological studies are required by Colorado counties for all subdivisions of unincorpo-
rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i)
(Senate Bill 35, 1972). Some Colorado municipalities require geological studies for sub-
division of incorporated land. In addition, local governments are empowered to regu-
late development activities in hazardous or mineral -resource areas under C.R.S. 24-65.1-
101 et seq. (House Bill 1041, 1974) and C.R.S. 34-1-301 et seq. (House Bill 1529, 1973),
respectively.
Local -government agencies submit proposed subdivision applications and supporting
technical reports to the Colorado Geological Survey "...for evaluation of those geologic
factors which would have significant impact on the proposed use of the land," in accor-
dance with State statutes. The CGS reviews the submitted documents and serves as a
technical advisor to local -government planning agencies during the planning process.
Since 1984, the CGS has been required by law to recover the full direct cost of perform-
ing such reviews.
The adequate knowledge of a site's geology is essential for any development project. It
is needed at the start of the project in order to plan, design, and construct a safe devel-
opment. Proper planning for geological conditions can help developers and future
owners/users reduce unnecessary maintenance and/or repair costs.
Colorado Geological Survey • 1500 Illinois Street, Golden, CO 80401 • Ph: 303-384-2655 • Email: CGS_LUR@mines.edu • ColoradoGeologicalSurvey,org
created 3/16/98, revised 11/21/2013
Commonwealth Title Company
of Garfield County, Inc.
127 E. 5th Street
Rifle, CO 81650
(970) 625-3300 Phone
(970) 625-3305 Fax
Date: July 1, 2019
To:
Joel Ruiz and Ruben Ruiz
PO Box 389
Silt, CO 81652
Property Address. TBD County Road 346 (Parcel 1A), Silt
Thank you for your order.
Enclosed please find the following
in connection with our File No. 1906030-4:
❑ Commitment
El Title Policy
❑ Endorsement
❑ Tax Certificate
❑ Other
POLICY OF TITLE INSURANCE
SCHEDULE A
Amount of Insurance: $190,000.00 Policy No. 8130606-217037633
Premium $822.00 File No. 1906030-4
Date of Policy: June 27, 2019 at 5:00 PM
1. Name of Insured
Joel Ruiz and Ruben Ruiz
2. The Estate or interest in the land described herein and which is covered by this policy is Fee Simple and is at the
date of Policy vested in:
Joel Ruiz and Ruben Ruiz
3. The land referred to in this policy is described in the said instrument, is situated in the County of Garfield, State
of CO, and is identified as follows:
See Attached Exhibit "A"
Countersigned: Patrickv p. 3t ewa, 1.
NM 1 PA 10
ALTA Owner's Policy (6/17/06)
Form 1190-2 Schedule A
Authorized Officer or Agent
File No. 1906030-4
EXHIBIT "A"
PARCEL lA
A PARCEL OF LAND BEING A PORTION OF PARCEL 1, DIXON WATER FOUNDATION SUBDIVISION
EXEMPTION NO. 1 RECORDED AS RECEPTION NO. 785066 IN THE GARFIELD COUNTY CLERK AND
RECORDER'S RECORDS, SITUATE IN THE NE1/4 OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO. ALL BEARINGS
RELATIVE TO A BEARING OF N89°51'36"E BETWEEN THE NORTHWEST CORNER OF SAID SECTION 16, A 3
1/4" GARFIELD COUNTY SURVEYOR BRASS CAP AND THE N1/4 CORNER OF SAID SECTION 16, A 2-1/2"
ALUMINUM CAP STAMPED LS 16413, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT SAID N1/4 CORNER OF SECTION 16; THENCE S89°32'16"E 689.05 FEET TO A POINT ON
THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 346, THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N89°29'53"E 1407.06 FEET; THENCE DEPARTING
SAID SOUTHERLY RIGHT-OF-WAY LINE S00°00'00"E 1440.86 FEET TO A POINT ON THE NORTHERLY LINE
OF PARCEL 2, OF SAID DIXON WATER FOUNDATION SUBDIVISION EXEMPTION NO. 1; THENCE ALONG
SAID NORTHERLY LINE THE FOLLOWING FOUR (4) COURSES:
1.) N58°57'42"W 304.93 FEET
2.) S89°59'16"W 317.66 FEET
3.) N38°26'48"W 465.83 FEET
4.) S89°36'14"W 532.42 FEET
TO A POINT ON THE EASTERLY LINE OF THE AMENDED GIOMI MINOR SUBDIVISION RECORDED AT
THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE AS RECEPTION NO. 519896; THENCE ALONG
SAID EASTERLY LINE N00°22'46"W 910.25 FEET TO THE POINT OF BEGINNING.
Policy No. 8130606-217037633
File No. 1906030-4
SCHEDULE B
This Policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the Public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the
premises would disclose, and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public
records.
5. Unpatented mining claims, reservations or exceptions in patents or in acts authorizing the issuance thereof.
6. Taxes and assessments for the year 2019, not yet due or payable.
7. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United
States Patent recorded April 13, 1892 in Book 13795 and July 19, 1901 as Reception No. 24048 at Page .
9. Reservation of one-half of all, oil, gas and other minerals as described in instrument recorded March 7, 1952 in Book 263 at Page 313 and
any and all assignments thereof or interests therein.
10. Reservation of an undivided 2/6 of all minerals including oil and gas as described in instrument recorded May 9, 1962 in Book 342 at Page
67 and any and all assignments thereof or interests therein.
11. Reservation of an undivided one-half interest in all oil, gas and other minerals and mineral rights as described in instrument recorded April
17, 1964 in Book 357 at Page 324 and any and all assignments thereof or interests therein.
12. Terms and conditions of Ordinance No. 20 Series 2008 recorded November 17, 2008 as Reception No. 758735 and re-recorded March 12,
2009 as Reception No. 764572.
13. Terms and conditions of Pipeline and Road Easement Agreement recorded March 14, 2007 in Book 1902 at Page 578.
14. Right of way easement granted to U.S. West Communications Inc., a Colorado Corporation in instrument recorded January 18, 1994 in
Book 890 at Page 143.
15. Terms, conditions and all matters, including easements, as described and set forth in Surface Use and Development Agreement recorded
August 17, 2007 as Reception No. 731092 and First Amendment recorded August 17, 2007 as Reception No. 731093, Second Amendment
recorded August 5, 2008 as Reception No. 753643, Fourth Amendment recorded November 4, 2011 as Reception No. 810334, Fifth
Amendment recorded May 17, 2012 as Reception No. 818840, Sixth Amendment recorded January 20, 2014 as Reception No. 845444 and
Seventh Amendment recorded September 10, 2014 as Reception No. 853455.
16. Easements and rights of way for existing ditches, laterals and canals.
17. Terms and conditions of Assignment and Bill of Sale (right of way assets) recorded January 14, 2013 as Reception No. 829913.
18. Right of way (whether in fee or by easement) for County Road No. 311.
(Continued)
Exceptions Number 1, 2, 3 and 4 are hereby omitted.
American Land Title Association
Owner's Policy Schedule B Form 2005-47
Policy No. 8130606-217037633
File No. 1906030-4
SCHEDULE B
(Continued)
19. Easements, the exact locations of which are not defined, granted in instruments recorded April 10, 2003 in Book 1456 at Page 949, Book
1456 Page 961, and Book 1456 Page 973 to the extent said easements affect the subject parcel.
20. Terms and conditions of Oil and Gas Lease by and between Valley Farms, Inc., as Lessor and Antero Resources II Corporation, as Lessee,
recorded November 1, 2004 in Book 1635 at Page 630 as amended by instrument recorded April 24, 2006 in Book 1792 at Page 320 and
in instrument recorded August 5, 2008 as Reception No. 753643, Amendment and Extension recorded November 22, 2011 as Reception
No. 811153 Amended January 20, 2014 as Reception No. 845445, and correction Memorandum of Lease recorded January 21, 2014 as
Reception No. 845475 and any and all interests therein or assignments thereof.
21. Conveyance of the the oil, gas and other mineral estate to the Dixon Water Foundation and the Discovery Foundation and the Exclusive
rights to the oil, gas and other minerals to the Dixon Water Foundation as described in instrument recorded January 28, 2008 as Reception
No. 741915 and any and all assignments thereof or interests therein.
22. Reservation of and undivided 2.1305% interest in the oil, gas and other mineral estate as more fully described in instrument recorded
January 28, 2008 as Reception No. 741915 and any and all assignments thereof or interests therein.
23. Terms and conditions of Agreement recorded April 12, 1979 in Book 525 at Page 906.
24. Conveyance of the oil, gas and other mineral estate to Dixon Water Foundation and the Discovery Foundation in instrument recorded
January 28, 2008 as Reception No. 741914 and any and all assignments thereof or interests therein.
25. Easements, rights of way and all other matters shown on the Dixon Water Foundation Subdivision Exemption No. 1 Plat recorded April
26, 2010 as Reception No. 785066.
26. Rights of tenants in possession and all matters set forth in unrecorded Leases.
27. Reservation of all mineral interests as described in Special Warranty Deed recorded June 27, 2019 as Reception No. 922179 and any and
all assignments thereof or interests therein.
American Land Title Association
Owner's Policy Schedule B Form 2005-47
SPECIAL WARRANTY DEED
THIS DEED, made on June 27, 2019
between Dixon Water Foundation, a Texas Nonprofit Corporation
of the County of PRESIDIO, and State of TX, grantor(s), and
Joel Ruiz as to an undivided 50% interest and
Ruben Ruiz as to an undivided 50% interest
whose legal address is : PO Box 389, Silt, CO 81652
of the County of Garfield, and State of CO, grantee:
WITNESS, that the grantor(s), for and in consideration of the sum of ten dollars and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant,
bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, all the real property, together with improvements, if
any, situate, Lying and being in the County of Garfield and State of Colorado described as follows:
See Attached Exhibit "A"
also known by street and number as: TBD County Road 346 (Parcel IA), Silt, CO 81652
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the
reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and
demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with thehereditaments and
appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs
and assigns forever. The grantor(s), for themselves, their heirs, and personal representatives, successors and assigns do covenant and
agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the grantees, their heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by,
through or under the grantor(s); excepting from the grantor's warranty, general taxes and assessments for the year 2019 and subsequent
years; and "subject to statutory exceptions" as defined in § 38-30-113(5)(a), C.R.S.
IN WITNESS WHEREOF, the grantor(s) have executed this deed on June ,76 , 2019.
Dixon Watei~Foundation, a Texas Nonprofit Corporation
By:
Robert Potts, Preside
STATE OF /ek'a, )
COUNTY QF lar
The foregoing instrument was acknowledged before me on June , 2019, by Robert Potts, President of Dixon Water Foundation,
a Texas Nonprofit Corporation.
WITNESS my hand and official seal
NAKIA HAMBRIGHT
Notary Public, State of Texas
�
•! '`: 4 �c Comm. Expires 04-13-2022
'n„°,;:O Notary ID 129143684
Commonwealth File No. 1906030-3
Return to:
Joel Ruiz and Ruben Ruiz
PO Box 389
Silt, CO 81652
File No. 1906030-3
EXHIBIT "A"
PARCEL I A
A PARCEL OF LAND BEING A PORTION OF PARCEL 1, DIXON WATER FOUNDATION SUBDIVISION
EXEMPTION NO. 1 RECORDED AS RECEPTION NO. 785066 IN THE GARFIELD COUNTY CLERK AND
RECORDER'S RECORDS, SITUATE IN THE NE1/4 OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO. ALL BEARINGS
RELATIVE TO A BEARING OF N89°51'36"E BETWEEN THE NORTHWEST CORNER OF SAID SECTION 16, A 3
1/4" GARFIELD COUNTY SURVEYOR BRASS CAP AND THE N1/4 CORNER OF SAID SECTION 16, A 2-1/2"
ALUMINUM CAP STAMPED LS 16413, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT SAID N1/4 CORNER OF SECTION 16; THENCE S89°32'16"E 689.05 FEET TO A POINT ON
THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 346, THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N89°29'53"E 1407.06 FEET; THENCE DEPARTING
SAID SOUTHERLY RIGHT-OF-WAY LINE S00°00'00"E 1440.86 FEET TO A POINT ON THE NORTHERLY LINE
OF PARCEL 2, OF SAID DIXON WATER FOUNDATION SUBDIVISION EXEMPTION NO. 1; THENCE ALONG
SAID NORTHERLY LINE THE FOLLOWING FOUR (4) COURSES:
1.) N58°57'42"W 304.93 FEET
2.) S89°59'16"W 317.66 FEET
3.) N38°26'48"W 465.83 FEET
4.) S89°36'14"W 532.42 FEET
TO A POINT ON THE EASTERLY LINE OF THE AMENDED GIOMI MINOR SUBDIVISION RECORDED AT
THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE AS RECEPTION NO. 519896; THENCE ALONG
SAID EASTERLY LINE N00°22'46"W 910.25 FEET TO THE POINT OF BEGINNING.
Excepting and reserving unto the Grantor, his heirs, successors and assigns, all mineral interests, including but
not limited to all oil and gas, of whatsoever kind, owned by the Grantor and the royalties therefrom, that might be
produced in or under the described lands. Including the rights therewith to enter upon said property, explore and
remove all such oil, gas, and other hydrocarbons.
TD -1000
Confidential Document
This form provides essential market information to the county assessor to help ensure accurate, fair and uniform assessments for all
property. This document is not recorded, is kept confidential, and is not available for public inspection.
This declaration must be completed and signed by either the Grantor (seller) or grantee (buyer). Questions 1,2,3, and 4 may be
completed (prefilled) by a third party, such as a title company or closing agent, familiar with the details of the transaction. The
signatory should confirm accuracy before signing.
This form is required when conveyance documents are presented for recording. If this form is not completed and submitted, the county
assessor may send notice. If the completed and signed form is not returned to the assessor within 30 days of notice, the assessor may
impose a penalty of $25.00 or 0.025% (0.00025) of the sale price, whichever is greater.
Additional information as to the purpose, requirements, and level of confidentiality regarding this form are outlined in Colorado
Revised Statutes, sections 39-14-102, 39-5-121.5, and 39-13-102.
1. Physical Address or Legal description of real property sold: Please do not use P.O. Box numbers.
See Attached Exhibit "A"
2. Type of property purchased: [ ]Single Family Residential [ ]Townhome [ ]Condominium
[ ] Multi -Use Residential [ ]Commercial [ ]Industrial [X ] Agricultural [ ]Mixed Use [ ]Vacant Land
[. ] Other
3. Date of Closing: June 27, 2019 Date of Contract: June 5, 2019
4. Total sale price including all real and personal property: $190,000.00
Contracted price (if different from final sale price): $
5. List any personal property included in the transaction that materially impacts the total sale price.
Personal property may include, but is not limited to: machinery or equipment, vehicles, exceptional appliances, electronic
devices, furniture, or anything that would not typically transfer with the real property (attach additional pages if necessary).
Approximate value $ Describe
If no personal property is listed, the entire purchase price will be assumed to be for the real property.
6. Did the total sales price include a trade or exchange of additional real or personal property? [ ]Yes '(r1'No
If yes, give the approximate value of the goods or services as of the date of closing.$
If yes, does this transaction involve a trade under IRS Code Section 1031? [ ]Yes [ ] No
7. Was 100% interest in the real property purchased?`[] Yes [ ] No
Mark "No" if only a partial interest is being purchased. If no, interest purchased
8. Is this a transaction among related parties? This includes persons connected by blood or marriage, or business affiliates, or
those acquainted prior to the transaction. [ ] Yes [N4 No
9. Please mark type of sale: [ ] Builder (new Construction) 11] Public (MLS or Broker Representation)
[ ] Private (For Sale by Owner) [ ] Other (describe)
10. Check any of the following that apply to the condition of the improvements at the time of purchase.
[ ] New [ ] Excellent [ ] Good [ ] Average [ ] Fair [ ] Poor [ ] Salvage
1 I . Type of financing: (check all that apply)
T\] None (all cash or cash equivalent)
[ ] New/Mortgage Lender. (government -backed or conventional bank loan)
[ ] New/Private Third Party (non -conventional lender; e.g. relative, friend, or acquaintance)
[ ] Seller (buyer obtained a mortgage directly from the seller)
[ ] Assumed (buyer assumed an existing mortgage)
[ ] Combination; Explain
12. Total amount financed $
13. Terms:
[ ]Variable; Starting interest rate
[ ]Fixed; Interest Rate
Length of time years
Balloon payment [ ] Yes [ ] No: If yes, amount Due date
14. Mark any that apply: [ ] Seller assisted down payments [ ] Seller concessions [ ] Special terms or fmancing
If marked, please specify terms;
15. Was an independent appraisal obtained in conjunction with this transaction? [ ] No [ ] Yes
For properties OTHER than residential (Residential is defined as: single family detached, townhomes, apartments and
condominiums) please complete questions 1648 if applicable.
16. Did the purchase price include a franchise or license fee?
[ ] Yes [ ]No
If yes, franchise or license fee value $
17. Did the purchase price involve an installment land contract?
[ ] Yes [ ] No
If yes, date of contract
18. If this was a vacant land sale, was an on-site inspection of the property conducted by the buyer prior to closing?
[ ] Yes [ ] No
Remarks: Please include any additional information concerning the sale you may feel is important.
June 27, 2019
June 27, 2019
Buyer Mailing Address: Future correspondence (tax bills, property valuations, etc.) regarding this property should be mailed to:
Joel Ruiz and Ruben Ruiz
PO Box 389, Silt CO 81652
Daytime Phone: E-mail address
Contact information is kept confidential, for County Assessor and Treasurer use only, to contact buyer with questions regarding this form, property valuation, or property tax information.
Commonwealth Title File No. 1906030-3
Garfield County
Garfield County Land Explorer
Garfield County, Colorado
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Printed by Web User
1 inch = 376 feet
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Garfield County Colorado
Garfield County www.garfield-county.com
Colorado
Disclaimer
This is a compilation of records as they appear in the Garfield County Offices affecting the area shown. This drawing Is
to be used only for reference purposes and the County 5 not responsible for any inaccuracies herein contained.
0 Copyright Garfield County, Colorado 1 All Rights Reserved Printed: 2/6/2020 at 10:49:56 AM
Garfield County
CERTIFICATION OF MINERAL OWNER RESEARCH
This form is to be completed and submitted with any application for a Land Use Change Permit.
Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq,
requires notification to mineral owners when a landowner applies for an application for development from a
local government. As such, the landowner must research the current owners of mineral interests for the
property.
The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101,
et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised
Statutes and the LUDC.
The undersigned applicant certifies that mineral owners have been researched for the subject property as
required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land
Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies
the following (Please initial on the blank line next to the statement that accurately reflects the result of
research):
_ I own the entire mineral estate relative to the subject property; or
.Minerals are owned by the parties listed below
The names and addresses of any and all mineral owners identified are provided below (attach additional pages
as necessary):
Name of Mineral Owner
Mailing Address of Mineral Owner
I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the
LUDC.
ican ignature
Date
Commonwealth Title Company of Garfield County, Inc
127 I(a,,t Street
Rifle, Colorado 81630
Telephone: (970) 625-3300
Facsimile: (970) 625-3305
January 21, 2020
Joel Ruiz and Ruben Ruiz
P. O. Box 389
Silt, Colorado 81652
Re: Mineral Owners for Parcel Number 2179 161 03 003
Dear Joel and Rubin:
We examined title to the minerals as reflected in recorded documents in the Garfield County
Clerk and Recorder's Office for the following parcel:
PARCEL 1A
A PARCEL OF LAND BEING A PORTION OF PARCEL 1, DIXON WATER FOUNDATION SUBDIVISION
EXEMPTION NO. 1 RECORDED AS RECEPTION NO. 785066 IN THE GARFIELD COUNTY CLERK AND
RECORDER'S RECORDS, SITUATE IN THE NE1/4 OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 92
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO. ALL
BEARINGS RELATIVE TO A BEARING OF N89°51'36"E BETWEEN THE NORTHWEST CORNER OF
SAID SECTION 16, A 3 1/4" GARFIELD COUNTY SURVEYOR BRASS CAP AND THE N1/4 CORNER
OF SAID SECTION 16, A 2-1/2" ALUMINUM CAP STAMPED LS 16413, SAID PARCEL OF LAND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT SAID N1/4 CORNER OF SECTION 16; THENCE S89°32'16"E 689.05 FEET TO A
POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 346, THE TRUE POINT
OF BEGINNING; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N89°29'53"E 1407.06
FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE S00°00'00"E 1440.86 FEET TO
A POINT ON THE NORTHERLY LINE OF PARCEL 2, OF SAID DIXON WATER FOUNDATION
SUBDIVISION EXEMPTION NO. 1; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING FOUR
(4) COURSES:
1.) N58°57'42"W 304.93 FEET
2.) S89°59'16"W 317.66 FEET
3.) N38°26'48"W 465.83 FEET
4.) S89°36'14"W 532.42 FEET
TO A POINT ON THE EASTERLY LINE OF THE AMENDED GIOMI MINOR SUBDIVISION RECORDED
AT THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE AS RECEPTION NO. 519896; THENCE
ALONG SAID EASTERLY LINE N00°22'46"W 910.25 FEET TO THE POINT OF BEGINNING.
As appears from the recorded documents in the Garfield County Clerk and Recorder's Office
we examined for the above described parcel, and subject to reservations, exceptions and conditions
contained in the United States Patent, easements, rights of way, liens, encumbrances, rights of parties
in possession, liens, if any, of mechanics and materialmen, zoning and subdivision regulations, and any
state of facts which an accurate survey would disclose, title to the minerals is vested in the following:
Mineral Rights Owner
Address (shown on recorded conveyance instrument)
Donna A. Gieser
No Address Provided
Lana Arleen Scott
No Address Provided
June Aleta McNamee
No Address Provided
Glenwood Springs Branch
1322 Grand Avenue
Glenwood Springs, Colorado 81601
Telephone: (970) 945-4444
Facsimile: (970) 945-4449
• Page 2
January 22, 2020
Susan Alatia Powell
No Address Provided
McClung Trust dated April 6, 1987
4200 Summers Lane, No. 58
Klamath Falls, Oregon 97603
Flat Tops, LLC
86 Rose Lane
Lakeview, Arkansas 72642
Frank Deyoe Green
118 8th Street NW; P.O. Box 127
Beulah, North Dakota 58523
Thomas Lee Wisdom
6830 Corntassel Drive
Colorado Springs, Colorado 80911
Leslie D. McPherson and Jeanne L.
McPherson
1859 County Road 344
Silt, Colorado 81650
Paul Bagley
1073 County Road
Silt, Colorado 81650
Marylee Hoaglund
10876 Melody Drive
Northglenn, Colorado 80234
Barbara Wiles
10179A Green Court
Westminster, Colorado 80030
June Bagley
540 Crawford Lane
Palisade, Colorado 81526
Janice Marie Matticks Living Trust
2718 East Yucatan Court
Grand Junction, Colorado 81506
Kenneth W. McPherson
1055 Main Street
Meeker, Colorado 81641
Clifford E. McPherson
41 Red Feather Drive
New Castle, Colorado 81647
Donald L. McPherson
P.O. Box922
Meeker, Colorado 81641
F & C McPherson LLLP
10351 3100 Road
Lazear, Colorado 81420
D & L McPherson LLLP
P.O. Box 233
Craig, Colorado 81626
Pollvogt Garfield LLLP
9324 Paseo Palo Verde
Casa Grande, Arizona 85222
Charles Allen Bagley
627 North Happy Valley Road
Nampa, Idaho 83687
George E. Bagley
Deceased
See list of 12 grantees in attached
Special Warranty Deed Recorded as
Reception No. 857873.
See addresses for the 12 grantees in attached Special
Warranty Deed Recorded as Reception No. 857873.
JG & MR McPherson LLLP
5442 County Road 203
Durango, Colorado 81301
Michael Warren McPherson
21103 State Highway 11
Barnsdall, Oklahoma 74002
• Page 3
January 22, 2020
The Meisner Revocable Living Trust
Number 40 Blackburn Place
Ventura, California 93004
Nancy Joyce Bird
No Address Provided
Robert Daniel Raley
No Address Provided
Phyllis Anita Pollard (Scarrow)
No Address Provided
Bonnie Pearl Hess
No Address Provided
Errol Rufus Raley
No Address Provided
Mary Romana Patch (Walker)
No Address Provided
Rufus Craig Patch
No Address Provided
Vernon P. Dedisse, Jr.
34 Cornell
Longmont, Colorado 80501
See list of 7 grantees in attached
Personal Representative's Deed
Recorded as Reception No. 752357.
See addresses for the 7 grantees in attached Personal
Representative's Deed Recorded as Reception No.
752357.
Dixon Water Foundation
P.O. Box 177
Marfa, Texas 79843
Discovery Foundation
6060 N. Central Expressway
Dallas, Texas 75206
Although we deem this information to be reliable, is not to be construed as an abstract of title,
nor an opinion of title, nor a guaranty of title, and the Companies' liability is limited to the amount paid
for the mineral examination. The effective date of this mineral owner search is November 12, 2019.
If you have any questions regarding this search, please contact me.
Sincerely,
Pa fri-c k. P. 13w-wtth
Patrick P. Burwell
Forwarded message
From: Wyatt Keesbery < wkeesbery@garfield-county.com>
Date: Wed, Jul 3, 2019, 3:03 PM
Subject: Ruiz property on CR 346 and CR 331
To: Patrick Waller <pwaller@garfield-county.com>
Cc: esauruiz90@gmail.com <esauruiz90@gmail.com>
Patrick,
I had a conversation with Mr. Ruiz today about his current driveway at 6799 CR 346, and the
other proposed driveways they are wanting to put in on the property they have
bought. The current driveway is fine, and all the proposed future driveways are marked and
I am fine with their location. There is good sight distance and the distance between them is
good as well. If you have any questions please feel free to contact me at your convenience.
Wyatt
Wyatt x
DLvector
atefix.,1-d3C&mi ty
2ov d'Er Bri,lge/
0298 CZ 333A
ZLfLei Co. 81650
Office.: 970-625-8601
Ce.W 970-309-6073
Taw970-625-8627
PRELIMINARY SOILS EVALUATION
FOR FUTURE
ON SITE WASTEWATER TREATMENT SYSTEMS
AT THE
FUTURE RUBEN SUBDIVISION
WITHIN
A PORTION OF
PARCEL 1
OF THE
DIXON WATER FOUNDATION SUBDIVISION
EXEMPTION NO. 1
AT
ASSESSOR PARCEL 217916103003
GARFIELD COUNTY
COLORADO
PREPARED FOR:
Joel Ruiz
P.O. Box 389
Silt, CO 81652
PREPARED BY:
High Country Engineering, Inc.
1517 Blake Avenue, Suite. 101
Glenwood Springs, CO 81601
(970) 945-8676
March 18, 2020
HCE Project No. 2201012.00
TABLE OF CONTENTS
SECTION PAGE
INTRODUCTION 3
LOCATION 3
CURRENT SITE CONDITIONS 3
PROPOSED SITE CONDITIONS 3
PRELIMINARY SOILS EVALUATION 3
CONCLUSION 4
REFERENCES 4
CERTIFICATION 5
FIGURES:
Figure 1 — Vicinity Map
Figure 2 — Soils Map
2
INTRODUCTION
This preliminary soils evaluation analysis addresses the suitability of the native soils
for future construction of Onsite Wastewater Treatment System (OWTS) at the site.
LOCATION
The site is approximately 1 mile south of the Town of Silt Colorado. The site is
identified is parcel 217916103003 by the Garfield County Assessor's Office. The site
is accessed from County Road 346, and is situated approximately 1/2 mile west of
County Road 331. Refer to Figure 1 for the Vicinity Map.
CURRENT SITE CONDITIONS
The site is within a portion of Parcel 1 of the Dixon Water Foundation Subdivision
Exemption No. 1. The site has an area of approximately 35.97 acres. The site is
currently undeveloped, and appears to be used primarily for agricultural purposes.
The site slopes mildly downward from north to south. According to the Soil Survey
of Rifle Area, Parts of Garfield and Mesa Counties, surface soils at the site are named
as Arvada Loam, and sub -surface soil horizons of silty clay loam.
PROPOSED SITE CONDITIONS
The Applicant intends to subdivide the site into three (3) residential lots via the Minor
Subdivision process. The proposed residential lots are to be served by water wells and
Onsite Wastewater Treatment Systems (OWTS). The proposed OWTS are treat
residential sewage to Treatment Level 1 (TL1) as established by the Colorado
Department of Health and Environment.
PRELIMINARY SOILS EVLUATION
As required by State Regulation 43, the applicant had excavated six (6) profile test
pits having depths of 8 to 9 feet deep. High Country Engineering Inc. (HCE) visited
the site and evaluated the excavated soil horizons within the profile test pits. HCE
verified that no ground water, no bedrock, no limiting layers were visible within the
excavated profile test pits.
As required by State Regulation 43, HCE collected soil samples at each of the
proposed residential lots. HCE performed Visual and Tactile evaluation of the soils,
as established by the U.S. Department of Agriculture and the National Resource
Conservation Service. The results of the Visual and Tactile evaluation are
summarized to Table 1 below:
3
Table 1:
Proposed
Lot
Number
USDA
Soil
Type
USDA
Soil
Texture
TL1 Long Term
Acceptance Rate
(gal. / day /sq. ft.)
1
3A
Silty Clay Loam
0.30
2
3A
Silty Clay Loam
0.30
3
3A
Silty Clay Loam
0.30
Additionally HCE also dug percolation test holes and performed percolation tests at
each of the proposed residential lots. The results of the Percolation Tests are
summarized to Table 2 below:
Table 2
Proposed
Lot
Number
Percolation
Rate
(minutes / inch)
TL1 Long Term
Acceptance Rate
(gal. / day /sq. ft.)
1
65
0.30
2
70
0.30
3
75
0.30
CONCLUSION
Based on the excavated profile test pits, the preliminary Visual and Tactile
evaluation, and the preliminary percolation test results, it appears that the native soils
at the site are suitable for future Onsite Wastewater Treatment Systems (OWTS).
During the Building Permit phase of the project, these preliminary results should be
verified and engineered OWTS should be designed for each individual lot.
REFERENCES
Dixon Water Foundation Subdivision Exemption No. 1, Garfield County Clerk and
Recorder's Office, Reception No. 785066, recorded April 26, 2010
Soil Survey of Rifle Area, Parts of Garfield and Mesa Counties, United States
Department of Agriculture Soil Conservation Service, 1985
Regulation 43: On site Wastewater Treatment System Regulation 5 CCR 1002-43,
Colorado Department of Health and Environment, 2018
Field Book for Describing and Sampling Soil, U.S. Department of Agriculture and
the National Resource Conservation Service, 2012
4
CERTIFICATION
This preliminary soils evaluation was prepared for Joel Ruiz by myself or under my
direct supervision on March 18, 2020.
Thomas J, Scott P.E.
For and on Behalf of
High Country Engineering, Inc.
5
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COUNTY
DRAWN BCY 1,00
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2* ,A�GARFIELD
14 INVERNESS DRIVE EAST, STE F-120, ENGLEWOOD, C080112
PHONE (303) 9250544 FAX (303) 9250547
HCF
FUTURE RLIBEN SUBDIVISION
CHECKED BY. PROJECT No:
HCE 2201012.00 _
, 1517 BLAKE AVENUE, STE 101• GLFNVYOOD SF11NGS, CO 91601
t1�3- PHONE(970)945.8 76 FAX (970)945-2555
egyevp+?
OHg wA TE WATER TFtEATM HNT
VICINITY MAP
DATE: PAGE:
MARCH, 2020 1
WWW.HCENG.COM
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FILE:
EX -01
APPROXIMATE ELEVATION - FEET
I17:777
Uotir ty Road No. 346
1
Future Lot
7
•
PRO •
v
`uture Lot -3
9.71R
a�
5443
5442
5441
5440
5439
5438
5437
5436
5435
5434
5433
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5442 -
5441 --
5440 -
5439 -
5438 -
5437 -
5436 -
5435 -
5434 -
5432 -
Future Lot 1
GRAPHIC SOIL LOGS
APPROXIMATE ELEVATION - FEET
!' ... 317.6V 7
5447 PRO -1 PRO -2 5447
EL=5446± EL=5445±
- 5546 5446
- 5545 5445
- 5544 /! 5444
- 5543 !f 5443
- 5542 // " 5442
- 5541 5441
- 5540 // 5440
- 5539j r� 5439
5538 /
�4 //I 5438
5537 5437
Future Lot 2
GRAPHIC SOIL LOGS
N.T-5.
K
0' 100' 200'
SCALE: 1" = 200'
400'
LEGEND:
® TOP SOIL: USDA SOIL TYPE 3 SILTY CLAY LOAM
• USDA SOIL TYPE 3A SILTY CLAY LOAM
NOTES:
1. PROFILE PITS WERE EXCAVATED BY OWNER DURING FEBRUARY 2020.
2. NO FREE WATER WAS ENCOUNTERED IN THE PITS
AT THE 11ME OF THE SOILS EVALUATION.
3. SOIL SAMPLES WERE FIELD EVALUATED AND CLASSIFIED
BY COUNTRY ENGINEERING INC. ON FEBRUARY 22, 2020,
BY VISUAL AND TACTILE METHODS ESTABUSH BY THE
U.S, DEPARTMENT OF AGRICULTURE AND THE
NATURAL RESOURCE CONSERVATION SERVICE.
4. SURVEY BOUNDARY INFORMATION OBTAINED FROM
JOEL RUIZ ON FEBRUARY 18, 2020,
BY VISUAL AND TACTILE METHODS ESTABUSH BY THE
5. TOPOGRAPHIC CONTOUR INFORMATION FROM
AERIAL MAPPING CIRCA 2000.
6. LOCATIONS OF PROFILE TEST PITS ARE APPROXIMATE.
7. DURING THE BUILDING PERMIT STAGE OF THE PROJECT
THE SOILS INFORMATION SHOULD BE VERIFIED AND
ENGINEERED ON SITE WASTEWATER SYSTEMS (OWTS)
SHOULD BE DESIGNED FOR EACH INDIVIDUAL LOT.
- 5444
✓ - 5443
- 5442
- 5441
a - 5440
- 5439
- 5438
- 5437
o - 5436
a
- 5435
- 5434
PRO -1 PRO -2
EL=5443± EL=5443±
/✓f
7/
5444
5443
5442
5441
5440
5439
5438
5437
5436
5435
5434
Future Lot 3
GRAPHIC SOIL LOGS
N. T. S.
PROJECT NO
JOB NO
2201 012.00
IX -02
WEST DIVIDE
WATER CONSERVANCY DISTRIC T
November 21, 2019
Joel and Ruben Ruiz
POBox37
Silt, CO 81652
818 Taughenbaugh Blvd., Suite 101 P.O. Box 1478
Rifle, Colorado 81650-1478
Tel: (970) 625-5461
Web: www.wdwcd.org Email: water@wdwcd.org
Re: Application to Lease Water
Dear Joel and Ruben,
Enclosed is approved Water Allotment Contracts #191121JRR1(a), #191121JRR2(a) and
#191121 JRR3(a).
The next step is to obtain a well permit from the Colorado Division of Water Resources office in
Glenwood Springs.
Once the well is drilled, a totalizing flow meter must be installed and maintained in good working
order. In September, West Divide requests an annual reading of this meter. Non-compliance with
measuring and reporting requirements are grounds for cancellation of this contract, which could
result in action by the Colorado Division of Water Resources to curtail further use ofthe well. Also
enclosed is some information regarding acquiring a meter.
Sincerely yours,
WEST DIVIDE WATER CONSERVANCY DISTRICT
Tammy Keenan
Enclosures
cc Division No. 5 Water Resources
Colorado River Engineering
Directors:
Samuel B. Potter Kelly Couey
Richard L. McNeill
Bruce E. Wampler
Dan R. Harrison
WEST DIVIDE WATER CONSERVANCY DISTRICT
APPLICATION TO LEASE WATER
818 Taughenbaugh Blvd. #101, P. O. Box 1478, Rifle, CO 81650
970-625-5461 water@wdwcd.org
1. APPLICANT INFORMATION
Name: Joel Ruiz & Ruben Ruiz (Lot 11
Mailing address: PO Box 37
Silt. CO 81652
Telephone: 970-274-2149
Email: ioel-ruize.live.com
Authorized agent:
2. COURT CASE #s: Decree Case No.
Augmentation Plan Case No.
3. USE OF WATER
RESIDENTIAL
Number of main residences: 1 No. ADU's 1
Subdivision: No. constructed units: No. vacant lots
Home garden/lawn irrigation of 17000 total sq. ft.
Method of irrigation: flood sprinklerX other
Non-commercial animal watering of 3 animals
Fire Protection X
Evaporation: Maximum water surface to be exposed:
Description of any use, other than evaporation, and method of
diversion, rate of diversion, and annual amount of diversion of any
water withdrawn from the pond:
Well Sharing Agreement for multiple owner wells must be submitted. If
greater than two owners, application must be made under a homeowners
association.
COMMERCIAL
Number of units: Total sq. ft. of commercial units:
Description of use:
INDUSTRIAL
Description of use:
Evaporation: Maximum water surface to be exposed:
Description of any use, other than evaporation, and method of diversion,
rate of diversion, and annual amount of diversion of any water withdrawn
from the pond:
DIRECT PUMPING
Tributary:
Location:
4. SOURCE OF WATER
Structure: Structure Name: TBD
Source: surface storage ground water X
Current Permit # (attach copy)
5. LOCATION OF STRUCTURE
CONTRACT #: 191121JRR1(a)
MAP ID #: 740
DATE ACTIVATED: 11/21/19
County Assessors Parcel Number 217916103003
County
Garfield
Section
16
Quarter/Quarter
NE
6S
Quarter
Township
Distance of well from section lines:
Range
92W
P. M.
6th
Elevation: 5600
Well location address: TBD County Road 346 Silt, CO 81652
Attach additional pages for multiple structures
6. LAND ON WHICH WATER WILL BE USED
(Legal description may be provided as an attachment.)
Number of acres in tract 35.974
Inclusion into the District, at Applicant's expense, may be required.
7. TYPE OF SEWAGE SYSTEM
Septic tank/absorption leach fieldX Central System Other
District name:
8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET:
1 (minimum of 1 acre foot except augmentation
from Alsbury Reservoir where a lesser amount is allowed)
Provide engineering data to support volume of water requested
Commercial, municipal, and industrial users must provide diversion and
consumptive data on a monthly basis.
A totalizing flow meter with remote readout is required to be installed
and usage reported to West Divide.
Applicant expressly acknowledges it has had the opportunity to review
the District's form Water Allotment Contract and agrees this application
is made pursuant and subject to the terms and conditions contained
therein.
licant)fgnature
Applicant Signature
Application Date:
ISSUED AS AREA B CONTRACT
YES X NO
Printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy
District. Form : WDWCD 2017 APPLICATION
WEST DIVIDE WATER CONSERVANCY DISTRICT
COLORADO, SILT, RIFLE, ALSBURY WATER USE ESTIMATES
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
TOTAL
APPLICANT:
Joel Bs Ruben Ruiz Lot 1)
DWELLING UNITS:
IRRIGATED AREA (SQ FT):
COMMERCIAL AREA (SQ FT):
NO. OF LIVESTOCK:
ELEVATION (MSL):
EVAPORATION AREA (ACRE):
2
17,000:
3.
5600
0
Contract Amount w/ 5% transit Loss 1.00 acre feet
Transit Loss. 5.0%
Contract Location
Colorado/SiWAlsbury
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)
Unit Value:
Irrigation
Diversion (AF)
Unit Value:
Irrigation C.U.
(AF)
In House
Diversion
(AF)
In House
C.U. (AF)
Commercial
Diversion (AF)
Commercial
C.U. (AF)
Irrigation Diversion
(AF)
Irrigation C.U.
(AF)
Livestock
Diversion &
C.U. (AF)
Pond
Evaporation
(AF)
Total
Diversion
(AF)
Total C.U.
(AF)
Total Contract
Amount (AF)
0.109
0.376
0.555
0.613
0.481
0.340
0.085
2.559
0.087
0.301
0.444
0.490
0.385
0.272
0.068
2.047
0.07
0.06
0.07
0.06
0.07
0.06
0.07
0.07
0.06
0.07
0.06
0.07
0.78
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.12
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.04
0.15
0.22
0.24
0.19
0.13
0.03
0.00
0.00
1.00
0.00
0.00
0.00
0.03
0.12
0.17
0.19
0.15
0.11
0.03
0.00
0.00
0.80
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.04
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.07
0.07
0.07
0.12
0.23
0.30
0.32
0.27
0.21
0.11
0.07
0.07
1.91
0.01
0.01
0.01
0.05
0.13
0.19
0.20
0.16
0.12
0.04
0.01
0.01
0.95
0.01
0.01
0.01
0.05
0.14
0.20
0.21
0.17
0.12
0.04
0.01
0.01
1.00
(1)
(2)
(3)
(4)
(5)
(6)
80% irrigation efficiency for sprinkler systems
Blaney Criddle assessment with Pochop adjustments
350 gallons per day per residence
15% consumptive use for ISDS systems
200 gallons per day per 1000 sq ft of commercial space
15% consumptive use for ISDS systems
(7)
(8)
(9)
(10)
(11)
(12)
(13)
Column (1) * irrigated area in acres
Column (2) * irrigated area in acres
Livestock use at 11 gallons per head per day (99CW320)
Net Pond Evaporation(ft, ca. in 'Assumptions') * evaporation area in acres
Column (5) + Column (7) + Column (9) + Column (10) plus 5% transit loss
Column (6) + Column (8) + Column (9)+ Column (10)
Column (12) plus 5% transit loss
Confidentiality Notice: This spreadsheet, including all attachments, is for the sole use of the intended recipients and may contain confidential and privileged information.
Any unauthorized review, use, disclosure, copy. , distribution or action taken in reliance on the contents of the information contained in this spreadsheet is strictly prohibited.
Colorado_SiltMesa_Rifle Alsbury_2017 10/15/2019
10/15/2019
GeoLocation: (39.5296203, -107.72837749999997)
WDWCD
Wala pea:enter
Go gie
Functions
Geo lookup: enter your
GeoLocation and click Go.
County Road 346 Silt, CO 81
Go
www.wdwcd.org/proothtml
Legend
District Boundariest
Alsbury Reservoir
service area
Fourmile service area
Silt Mesa service area
Report a map error
1/2
Name of Applicant:
CONTRACT #: 191121JRR1(a)
MAP ID #: 740
DATE ACTIVATED: 11/21/19
WEST DIVIDE WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
a 1 (
Quantity of Water in Acre Feet:
Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado,
organized pursuant to and existing by virtue of C.R.S. 1973, Section 37-45-101, et seq., (hereinafter referred to as the "District") for an allotment
contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract
and the attached Application, Applicant hereby agrees to the following terms and conditions:
1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert
water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by
Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources.
2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of
diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State
Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in
acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or
otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water
from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the
terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the
Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the
consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein
provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in
accordance with such notice. Rates shall be adjusted accordingly in following water years only.
3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for
the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury
Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract
No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water
allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control.
4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain
Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the
Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at
such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green
1
Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities
available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby
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. Any quantity of the Applicant's
allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such
reversion shall not entitle Applicant to any refund of payment made for such water.
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 Division of Water Resources to estimate any conveyance
losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case.
Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is
provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy
District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental
Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception
No. 584840, Garfield County Clerk and Recorder's Office.
Pursuant to Federal Law, the cultivation of marijuana is illegal. The U.S. Bureau of Reclamation has declared it unlawful
to use Federal water facilities for the irrigation of marijuana or in furtherance of the cultivation of marijuana. The West Divide Water
Conservancy District provides augmentation water to contractees from Ruedi Reservoir and Green Mountain Reservoir, both of which are
Federal water facilities managed by the Bureau of Reclamation. Therefore, the West Divide Water Conservancy District will not contract to
provide augmentation water from Ruedi Reservoir or Green Mountain Reservoir for the irrigation of marijuana or in furtherance of the
cultivation of marijuana. Any such contracts shall be deemed null and void.
The West Divide Water Conservancy District owns or possesses delivery contracts for other non -Federal water sources
from which the District is able to provide augmentation water for the irrigation of marijuana or in furtherance of the cultivation of marijuana.
Should any contractee obtain a water allotment contract from the West Divide Water Conservancy District for the augmentation or irrigation
of marijuana or in furtherance of the cultivation of marijuana, any and all such water shall be deemed to come from the non -Federal sources
referenced above.
5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's
water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the
exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial
approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and
agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated
herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works
and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use.
Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the
District based upon the amount of water allotted under this Contract.
In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute
legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the
2
Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to
utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall
have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all
pleadings and other papers filed with the water court in the adjudication thereof.
6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of
Directors of the District from time to time, shall be submitted with the application for consideration by the District.
Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial
annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice
will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable
to that year.
Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual
payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return
receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application.
Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the
District from adjusting the annual rate in its sole discretion for future years only.
If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have
no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as
herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District.
Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources
offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use.
7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the
allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any
water rights and adjudication necessary to allow Applicant's use of such allotted water rights.
8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the
prior written consent of the District's Board of Directors. Any assignment of 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. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District
for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper
forms for assignment and change of ownership.
In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be
subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate
owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water
and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such
parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform 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
3
Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or
special district as provided above.
Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper
forms for assignment and change of ownership must be completed.
9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and
regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law.
10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with
the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its
sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual
monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other
costs to the District which may arise through services made available to the Applicant.
11. Change of Use: The District reserves the exclusive right to review, re -approve or disapprove any proposed change in
use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder
without the prior written approval of the District shall be deemed to be a material breach of this Contract.
12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents
submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use
other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed
to be a material breach of this agreement.
13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal
fee title interest in or to any water or water rights referred to herein.
14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water
rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled
water or water rights.
15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinary household
purposes, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application.
Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division
of Water Resources.
Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless
Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall
actual diversions exceed the amount of water provided by this Contract.
Violation of this paragraph 15 shall be deemed to be a material breach of this Contract.
16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of
4
Applicant's valid well permit before District is obligated to deliver any water hereunder.
17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable
by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all
water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from
such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal
action to terminate 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. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice
that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and
engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees,
warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to
provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District.
19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include
Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to
the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the
proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the
water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the
extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing,
such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees.
20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the
form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the
District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the
District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions
of this agreement.
21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR
OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE
CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING
FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR
OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE.
22. AREA B. CONTRACTS: IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF
THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE
AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT"S WATER
RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER
5
SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS ISA CONCERN TO APPLICANT, THIS
CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE
NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY
APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT.
STATE OF
CP 610,
In )
ss.
COUNTY OF & G✓lF I 'PiI,Ov )
The foregoing instrument was acknowledged before me on this (��� day of 0 OtQ... 20 9 by
. Witness my hand and official seal. My commission expires: {m -G.` 5
a,—Ve , (e
1
Notary Public
Applicant
Tamara Sue Keenan
Notary Public
STATE OF State of Colorado
Notary ID 20164014306
My Commi8ion Expires May 5, 2020
COUNTY OF )
The foregoing instrument was acknowledged before me on this day of , 20 , by
. Witness my hand and official seal. My commission expires:
Notary Public
ORDER
After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby ORDERED that said
Application be granted and this Contract shall be and is accepted by the District.
ATTEST:
Secreta
WEST DIVIDE WATER C NSERVANCY DI TRICT
By
President
Date
This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract:
1. Map showing location of point of diversion (use map provided)
2. Application and Data Form fully completed and signed
The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District.
Form: WDWCD 01-01-08 CONTRACT.
6
WEST DIVIDE WATER CONSERVANCY DISTRICT
APPLICATION TO LEASE WATER
818 Taughenbaugh Blvd. #101, P. O. Box 1478, Rifle, CO 81650 County Assessors Parcel Number 217916103003
970-625-5461 water@wdwcd.org
5. LOCATION OF STRUCTURE
CONTRACT #: 191121JRR2(a)
MAP ID #: 741
DATE ACTIVATED: 11/21/19
1. APPLICANT INFORMATION
Name: Joel Ruiz & Ruben Ruiz (Lot 2)
Mailing address: PO Box 37
Silt, CO 81652
Telephone: 970-274-2149
Email: ioel-ruize.live.com
Authorized agent:
2. COURT CASE #s: Decree Case No.
Augmentation Plan Case No.
3. USE OF WATER
RESIDENTIAL
Number of main residences: 1 No. ADU's 1
Subdivision: No. constructed units: No. vacant lots
Home garden/lawn irrigation of 17000 total sq. ft.
Method of irrigation: flood sprinklerX other
Non-commercial animal watering of animals
Fire Protection X
Evaporation: Maximum water surface to be exposed:
Description of any use, other than evaporation, and method of
diversion, rate of diversion, and annual amount of diversion of any
water withdrawn from the pond:
Well Sharing Agreement for multiple owner wells must be submitted. If
greater than two owners, application tnust be made under a homeowners
association.
COMMERCIAL
Number of units: Total sq. ft. of commercial units:
Description of use:
INDUSTRIAL
Description of use:
Evaporation: Maximum water surface to be exposed:
Description of any use, other than evaporation, and method of diversion,
rate of diversion, and annual amount of diversion of any water withdrawn
from the pond:
DIRECT PUMPING
Tributary:
Location:
4. SOURCE OF WATER
Structure: Structure Name: TBD
Source: surface storage ground water X
Current Permit # (attach copy)
County Quarter/Quarter Quarter
Garfield NE
Section Township Range P. M.
16 6S 92W 6th
Distance of well from section lines:
Elevation: 5600
Well location address: TBD County Road 346 Silt. CO 81652
Attach additional pages for multiple structures
6. LAND ON WHICH WATER WILL BE USED
(Legal description may be provided as an attachment.)
Number of acres in tract
Inclusion into the District, at Applicant's expense, may be required.
7. TYPE OF SEWAGE SYSTEM
Septic tank/absorption leach fieldX Central System Other
District name:
8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET:
1 (minimum of 1 acre foot except augmentation
from Alsbury Reservoir where a lesser amount is allowed)
Provide engineering data to support volume of water requested
Commercial, municipal, and industrial users must provide diversion and
consumptive data on a monthly basis.
A totalizing flow meter with remote readout is required to be installed
and usage reported to West Divide.
Applicant expressly acknowledges it has had the opportunity to review
the District's form Water Allotment Contract and agrees this application
is made pursuant and subject to the terms and conditions contained
therein.
cant Sig
ture
Applicant Signature
Application Date:
ISSUED AS AREA B CONTRACT
YES X NO
Printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy
District. Form : WDWCD 2017 APPLICATION
S
WEST DIVIDE WATER CONSERVANCY DISTRICT
COLORADO, SILT, RIFLE, ALSBURY VIIATER USE ESTIMATES
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
TOTAL
APPLICANT:
Joel 8, Ruben Ruli (Lot 2)
DWELLING UNITS:
IRRIGATED AREA (SQ FT):
COMMERCIAL AREA (SQ FT):
NO. OF LIVESTOCK:
ELEVATION (MSL):
EVAPORATION AREA (ACRE):
2
17,000
3
5600
0
Contract Amount wl 5% transit Loss 1.00 acre feet
Transit Loss. 5.0%
Contract Location
Colorado/Silt/Alsbury
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)
Unit Value:
Irrigation
Diversion (AF)
Unit Value:
Irrigation C.U.
(AF)
In House
Diversion
(AF)
In House
C.U. (AF)
Commercial
Diversion (AF)
Commercial
C.U. (AF)
Irrigation Diversion
(AF)
Irrigation C.U.
(AF)
Livestock
Diversion &
C.U. (AF)
Pond
Evaporation
(AF)
Total
Diversion
(AF)
Total C.U.
(AF)
Total Contract
Amount (AF)
0.109
0.376
0.555
0.613
0.481
0.340
0.085
2.559
0.087
0.301
0.444
0.490
0.385
0.272
0.068
2.047
0.07
0.06
0.07
0.06
0.07
0.06
0.07
0.07
0.06
0.07
0.06
0.07
0.78
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.12
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.04
0.15
0.22
0.24
0.19
0.13
0.03
0.00
0.00
1.00
0.00
0.00
0.00
0.03
0.12
0.17
0.19
0.15
0.11
0.03
0.00
0.00
0.80
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.04
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.07
0.07
0.07
0.12
0.23
0.30
0.32
0.27
0.21
0.11
0.07
0.07
1.91
0.01
0.01
0.01
0.05
0.13
0.19
0.20
0.16
0.12
0.04
0.01
0.01
0.95
0.01
0.01
0.01
0.05
0.14
0.20
0.21
0.17
0.12
0.04
0.01
0.01
1.00
(1)
(2)
(3)
(4)
(5)
(6)
80% irrigation efficiency for sprinkler systems
Blaney Criddle assessment with Pochop adjustments
350 gallons per day per residence
15% consumptive use for ISDS systems
200 gallons per day per 1000 sq ft of commercial space
15% consumptive use for ISDS systems
(7)
(8)
(9)
(10)
(11)
(12)
(13)
Column (1) * irrigated area in acres
Column (2) * irrigated area in acres
Livestock use at 11 gallons per head per day (99CW320)
Net Pond Evaporation(ft, ca. in 'Assumptions') * evaporation area in acres
Column (5) + Column (7) + Column (9) + Column (10) plus 5% transit loss
Column (6) + Column (8) + Column (9)+ Column (10)
Column (12) plus 5% transit loss
Confidentiality Notice: This spreadsheet, including all attachments, is for the sole use of the intended recipients and may contain confidential and privileged information.
Any unauthorized review, use, disclosure, copying, distribution or action taken in reliance on the contents of the information contained in this spreadsheet is strictly prohibited.
Colorado_SiltMesa Rifle Alsbury_2017 10/15/2019
10/15/2019
GeoLocation: (39.5296203, -107.72837749999997)
WDWCD
r
L
`NZ!.IIT t .lpercenter
Go gle
Functions
Geo lookup: enter your
GeoLocation and click Go.
County Road 346 Silt, CO 81
Go
www.wdwcd.org/proof.html
Legend
District Boundariest
Alsbury Reservoir
service area
Fourmile service area
Silt Mesa service area
1 km
Report a map error
1/2
Name of Applicant:
CONTRACT #: 191121JRR2(a)
MAP ID #: 741
DATE ACTIVATED: 11/21/19
WEST DIVIDE WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
I, o Z
Quantity of Water in Acre Feet: L
Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado,
organized pursuant to and existing by virtue of C.R.S. 1973, Section 37-45-101, et seq., (hereinafter referred to as the "District") for an allotment
contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract
and the attached Application, Applicant hereby agrees to the following terms and conditions:
1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert
water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by
Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources.
2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of
diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State
Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in
acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or
otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water
from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the
terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the
Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the
consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein
provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in
accordance with such notice. Rates shall be adjusted accordingly in following water years only.
3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for
the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury
Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract
No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water
allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control.
4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain
Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the
Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at
such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green
1
Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities
available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby
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. Any quantity of the Applicant's
allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such
reversion shall not entitle Applicant to any refund of payment made for such water.
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 Division of Water Resources to estimate any conveyance
losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case.
Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is
provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy
District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental
Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception
No. 584840, Garfield County Clerk and Recorder's Office.
Pursuant to Federal Law, the cultivation of marijuana is illegal. The U.S. Bureau of Reclamation has declared it unlawful
to use Federal water facilities for the irrigation of marijuana or in furtherance of the cultivation of marijuana. The West Divide Water
Conservancy District provides augmentation water to contractees from Ruedi Reservoir and Green Mountain Reservoir, both of which are
Federal water facilities managed by the Bureau of Reclamation. Therefore, the West Divide Water Conservancy District will not contract to
provide augmentation water from Ruedi Reservoir or Green Mountain Reservoir for the irrigation of marijuana or in furtherance of the
cultivation of marijuana. Any such contracts shall be deemed null and void.
The West Divide Water Conservancy District owns or possesses delivery contracts for other non -Federal water sources
from which the District is able to provide augmentation water for the irrigation of marijuana or in furtherance of the cultivation of marijuana.
Should any contractee obtain a water allotment contract from the West Divide Water Conservancy District for the augmentation or irrigation
of marijuana or in furtherance of the cultivation of marijuana, any and all such water shall be deemed to come from the non -Federal sources
referenced above.
5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's
water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the
exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial
approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and
agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated
herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works
and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use.
Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the
District based upon the amount of water allotted under this Contract.
In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute
legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the
2
Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to
utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall
have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all
pleadings and other papers filed with the water court in the adjudication thereof.
6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of
Directors of the District from time to time, shall be submitted with the application for consideration by the District.
Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial
annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice
will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable
to that year.
Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual
payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return
receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application.
Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the
District from adjusting the annual rate in its sole discretion for future years only.
If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have
no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as
herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District.
Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources
offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use.
7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the
allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any
water rights and adjudication necessary to allow Applicant's use of such allotted water rights.
8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the
prior written consent of the District's Board of Directors. Any assignment of 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. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District
for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper
forms for assignment and change of ownership.
In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be
subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate
owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water
and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such
parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform 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
3
Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or
special district as provided above.
Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper
forms for assignment and change of ownership must be completed.
9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and
regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law.
10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with
the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its
sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual
monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other
costs to the District which may arise through services made available to the Applicant.
11. Change of Use: The District reserves the exclusive right to review, re -approve or disapprove any proposed change in
use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder
without the prior written approval of the District shall be deemed to be a material breach of this Contract.
12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents
submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use
other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed
to be a material breach of this agreement.
13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal
fee title interest in or to any water or water rights referred to herein.
14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water
rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled
water or water rights.
15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinary household
purposes, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application.
Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division
of Water Resources.
Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless
Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall
actual diversions exceed the amount of water provided by this Contract.
Violation of this paragraph 15 shall be deemed to be a material breach of this Contract.
16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of
4
Applicant's valid well permit before District is obligated to deliver any water hereunder.
17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable
by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all
water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from
such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal
action to terminate 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. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice
that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and
engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees,
warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to
provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District.
19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include
Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to
the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the
proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the
water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the
extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing,
such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees.
20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the
form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the
District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the
District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions
of this agreement.
21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR
OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE
CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING
FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR
OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE.
22. AREA B. CONTRACTS: IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF
THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE
AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT"S WATER
RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER
5
SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS ISA CONCERN TO APPLICANT, THIS
CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE
NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY
APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT.
STATE OF 11Jaul(,L)
)ss.
COUNTY OF 664).-e1C( )
The foregoing instrument was acknowledged before me on this 1S day of °Aker , 20 1 by
. Witness my hand and official seal. My commission expires: M4.4/ Si 2-d 2 )
Applicant
STATE OF
COUNTY OF
Tamara Sue Keenan
Notary Public
State of Colorado
Notary ID 20164014306
My ?omission Expires May 5, 2020
Notary Public
The foregoing instrument was acknowledged before me on this day of , 20 , by
. Witness my hand and official seal. My commission expires:
Notary Public
ORDER
After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby ORDERED that said
Application be granted and this Contract shall be and is accepted by the District.
WEST DIVIDE WATER CON VANCY DISTRICT
President
Date
This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract:
1. Map showing location of point of diversion (use map provided)
2. Application and Data Form fully completed and signed
The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District.
Form: WDWCD 01-01-08 CONTRACT.
6
WEST DIVIDE WATER CONSERVANCY DISTRICT
APPLICATION TO LEASE WATER
818 Taughenbaugh Blvd. #101, P. O. Box 1478, Rifle, CO 81650
970-625-5461 water@wdwcd.org
1. APPLICANT INFORMATION
Name: Joel Ruiz & Ruben Ruiz (Lot 3)
Mailing address: PO Box 37
Silt. CO 81652
Telephone: 970-274-2149
Email: ioel-ruizaIive.com
Authorized agent:
2. COURT CASE #s: Decree Case No.
Augmentation Plan Case No.
3. USE OF WATER
RESIDENTIAL
Number of main residences: 1
No. ADU's 1
Subdivision: No. constructed units: No. vacant Lots
Home garden/lawn irrigation of 17400 total sq. ft.
Method of irrigation: flood sprinklerX other
Non-commercial animal watering of3 animals
Fire Protection X
Evaporation: Maximum water surface to be exposed:
Description of any use, other than evaporation, and method of
diversion, rate of diversion, and annual amount of diversion of any
water withdrawn from the pond:
Well Sharing Agreement for multiple owner wells must be submitted. If
greater than two owners, application must be made under a homeowners
association.
COMMERCIAL
Number of units: Total sq. ft. of commercial units:
Description of use:
INDUSTRIAL
Description of use:
Evaporation: Maximum water surface to be exposed:
Description of any use, other than evaporation, and method of diversion,
rate of diversion, and annual amount of diversion of any water withdrawn
from the pond:
DIRECT PUMPING
Tributary:
Location:
4. SOURCE OF WATER
Structure: Structure Name: TBD
Source: surface storage ground water X
Current Permit # (attach copy)
5. LOCATION OF STRUCTURE
CONTRACT #: 191121JRR3(a)
MAP ID #: 742
DATE ACTIVATED: 11 21 1
County Assessors Parcel Number 217916103003
County
Garfield
Section
16
Quarter/Quarter
NE
6S
Quarter
Township
Distance of well from section lines:
Range P. M.
92W 6th
Elevation: 5600
Well location address: TBD County Road 346 Silt. CO 81652
Attach additional pages for multiple structures
6. LAND ON WHICH WATER WILL BE USED
(Legal description may be provided as an attachment.)
Number of acres in tract
Inclusion into the District, at Applicant's expense, may be required
7. TYPE OF SEWAGE SYSTEM
Septic tank/absorption leach fieldX Central System Other
District name:
8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET:
1 (minimum of 1 acre foot except augmentation
from Alsbury Reservoir where a lesser amount is allowed)
Provide engineering data to support volume of water requested.
Commercial, municipal, and industrial users must provide diversion and
consumptive data on a monthly basis.
A totalizing flow meter with remote readout is required to be installed
and usage reported to West Divide.
Applicant expressly acknowledges it has had the opportunity to review
the District's form Water Allotment Contract and agrees this application
is made pursuant and subject to the terms and conditions contained
therein.
ature
Applicant Signature
Application Date:
ISSUED AS AREA B CONTRACT
YES X NO
Printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy
District. Form : WDWCD 2017 APPLICATION
4
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
TOTAL
APPLICANT:
(1)
WEST DIVIDE (NATER CONSERVANCY DISTRICT
COLORADO, SILT, RIFLE, ALSBURY WATER USE ESTIMATES
Joel & Ruben Ruiz (Lot 3)
DWELLING UNITS..
IRRIGATED AREA (SQ FT):
COMMERCIAL AREA (SQ FT):
NO. OF LIVESTOCK:
ELEVATION (MSL):
EVAPORATION AREA (ACRE):
(2) (3) (4)
2
17,000
3
5600
0
Contract Amount w/ 5% transit Loss 1.00 acre feet
Contract Location
Colorado/Silt/Alsbury
Transit Loss. 5.0%
(5) (6) (7) (8) (9) (10) (11) (12)
Unit Value:
Irrigation
Diversion (AF)
Unit Value:
Irrigation C.U.
(AF)
In House
Diversion
(AF)
In House
C.U. (AF)
Commercial
Diversion (AF)
Livestock Pond Total
Commercial Irrigation Diversion Irrigation C.U. Diversion & Evaporation Diversion Total C.U. Total Contract
C.U. (AF) (AF) (AF) C.U. (AF) (AF) (AF) (AF) Amount (AF)
0.109
0.376
0.555
0.613
0.481
0.340
0.085
2.559
0.087
0.301
0.444
0.490
0.385
0.272
0.068
2.047
0.07
0.06
0.07
0.06
0.07
0.06
0.07
0.07
0.06
0.07
0.06
0.07
0.78
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.12
0.00 0.00 0.00 0.00 0.00 0.00 0.07 0.01 0.01
0.00 0.00 0.00 0.00 0.00 0.00 0.07 0.01 0.01
0.00 0.00 0.00 0.00 0.00 0.00 0.07 0.01 0.01
0.00 0.00 0.04 0.03 0.00 0.00 0.12 0.05 0.05
0.00 0.00 0.15 0.12 0.00 0.00 0.23 0.13 0.14
0.00 0.00 0.22 0.17 0.00 0.00 0.30 0.19 0.20
0.00 0.00 0.24 0.19 0.00 0.00 0.32 0.20 0.21
0.00 0.00 0.19 0.15 0.00 0.00 0.27 0.16 0.17
0.00 0.00 0.13 0.11 0.00 0.00 0.21 0.12 0.12
0.00 0.00 0.03 0.03 0.00 0.00 0.11 0.04 0.04
0.00 0.00 0.00 0.00 0.00 0.00 0.07 0.01 0.01
0.00 0.00 0.00 0.00 0.00 0.00 0.07 0.01 0.01
0.00 0.00 1.00 0.80 0.04 0.00 1.91 0.95 1.00
(1)
(2)
(3)
(4)
(5)
(6)
80% irrigation efficiency for sprinkler systems
Blaney Criddle assessment with Pochop adjustments
350 gallons per day per residence
15% consumptive use for ISDS systems
200 gallons per day per 1000 sq ft of commercial space
15% consumptive use for ISDS systems
(7) Column (1) " irrigated area in acres
(8) Column (2) * irrigated area in acres
(9) Livestock use at 11 gallons per head per day (99CW320)
(10) Net Pond Evaporation(ft, ca. in 'Assumptions') *evaporation area in acres
(11) Column (5) + Column (7) + Column (9) + Column (10) plus 5% transit loss
(12) Column (6) + Column (8) + Column (9)+ Column (10)
(13) Column (12) plus 5% transit loss
Confidentiality Notice: This spreadsheet, including all attachments, is for the sole use of the intended recipients and may contain confidential and privileged information.
An unauthorized review, use, disclosure, co ying, distribution or action taken in reliance on the contents of the information contained in this spreadsheet is strictly rohibited.
Colorado SiltMesa Rifle_Alsbury_2017 10/15/2019
10/15/2019
GeoLocation: (39.5296203, -107.72837749999997)
WDWCD
r
L J
Go gie
Functions
Geo lookup: enter your
GeoLocation and click Go.
County Road 346 Silt, CO 81
Go
`www.wdwcd.org/proof.html
Legend
District Boundariest
Alsbury Reservoir
service area
Fourmile service area
Silt Mesa service area
Report a map error
1/2
Name of Applicant:
CONTRACT #: 191121JRR3(a)
MAP ID #: 742
DATE ACTIVATED: 11/21/19
WEST DIVIDE WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
Lo} 3
Quantity of Water in Acre Feet:
Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado,
organized pursuant to and existing by virtue of C.R.S. 1973, Section 37-45-101, et seq., (hereinafter referred to as the "District") for an allotment
contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract
and the attached Application, Applicant hereby agrees to the following terms and conditions:
1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert
water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by
Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources.
2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of
diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State
Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in
acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or
otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water
from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the
terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the
Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the
consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein
provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in
accordance with such notice. Rates shall be adjusted accordingly in following water years only.
3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for
the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury
Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract
No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water
allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control.
4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain
Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the
Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at
such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green
1
Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities
available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby
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. Any quantity of the Applicant's
allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such
reversion shall not entitle Applicant to any refund of payment made for such water.
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 Division of Water Resources to estimate any conveyance
losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case.
Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is
provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy
District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental
Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception
No. 584840, Garfield County Clerk and Recorder's Office.
Pursuant to Federal Law, the cultivation of marijuana is illegal. The U.S. Bureau of Reclamation has declared it unlawful
to use Federal water facilities for the irrigation of marijuana or in furtherance of the cultivation of marijuana. The West Divide Water
Conservancy District provides augmentation water to contractees from Ruedi Reservoir and Green Mountain Reservoir, both of which are
Federal water facilities managed by the Bureau of Reclamation. Therefore, the West Divide Water Conservancy District will not contract to
provide augmentation water from Ruedi Reservoir or Green Mountain Reservoir for the irrigation of marijuana or in furtherance of the
cultivation of marijuana. Any such contracts shall be deemed null and void.
The West Divide Water Conservancy District owns or possesses delivery contracts for other non -Federal water sources
from which the District is able to provide augmentation water for the irrigation of marijuana or in furtherance of the cultivation of marijuana.
Should any contractee obtain a water allotment contract from the West Divide Water Conservancy District for the augmentation or irrigation
of marijuana or in furtherance of the cultivation of marijuana, any and all such water shall be deemed to come from the non -Federal sources
referenced above.
5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's
water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the
exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial
approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and
agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated
herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works
and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use.
Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the
District based upon the amount of water allotted under this Contract.
In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute
legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the
2
Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to
utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall
have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all
pleadings and other papers filed with the water court in the adjudication thereof.
6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of
Directors of the District from time to time, shall be submitted with the application for consideration by the District.
Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial
annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice
will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable
to that year.
Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual
payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return
receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application.
Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the
District from adjusting the annual rate in its sole discretion for future years only.
If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have
no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as
herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District.
Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources
offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use.
7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the
allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any
water rights and adjudication necessary to allow Applicant's use of such allotted water rights.
8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the
prior written consent of the District's Board of Directors. Any assignment of 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. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District
for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper
forms for assignment and change of ownership.
In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be
subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate
owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water
and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such
parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform 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
3
Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or
special district as provided above.
Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper
forms for assignment and change of ownership must be completed.
9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and
regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law.
10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with
the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its
sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual
monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other
costs to the District which may arise through services made available to the Applicant.
11. Change of Use: The District reserves the exclusive right to review, re -approve or disapprove any proposed change in
use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder
without the prior written approval of the District shall be deemed to be a material breach of this Contract.
12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents
submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use
other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed
to be a material breach of this agreement.
13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal
fee title interest in or to any water or water rights referred to herein.
14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water
rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled
water or water rights.
15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinary household
purposes, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application.
Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division
of Water Resources.
Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless
Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall
actual diversions exceed the amount of water provided by this Contract.
Violation of this paragraph 15 shall be deemed to be a material breach of this Contract.
16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of
4
Applicant's valid well permit before District is obligated to deliver any water hereunder.
17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable
by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all
water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from
such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal
action to terminate 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. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice
that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and
engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees,
warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to
provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District.
19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include
Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to
the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the
proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the
water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the
extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing,
such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees.
20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the
form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the
District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the
District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions
of this agreement.
21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR
OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE
CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING
FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR
OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE.
22. AREA B. CONTRACTS: IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF
THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE
AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT"S WATER
RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER
5
SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS ISA CONCERN TO APPLICANT, THIS
CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE
NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY
APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT.
Ap Applicant
STATE OF W .€ )
(� I ) ss.
COUNTY OF(►c„ �;.e,Ld )
The foregoing instrument was acknowledged before me on this day of 06fiLj/, 20/g , by
. Witness my hand and official seal. My commission expires: T / 6/ 2 UZO
,t-tviviGSA 614, k -
Notary Public
.10 ti 1241:
STATE OF
COUNTY OF
Tamara Sue Keenan
Notary Public
) State of Colorado
Notary ID 20164014306
My Cb?frmission Expires May 5, 2020
The foregoing instrument was acknowledged before me on this day of
, 20 , by
. Witness my hand and official seal. My commission expires:
Notary Public
ORDER
After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby ORDERED that said
Application be granted and this Contract shall be and is accepted by the District.
ATTEST:
Secretary /17
44;6Ib
WEST DIVIDE WATER CONSERVANCY DISTRIC
By
President
/ Z /
Date
This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract:
1. Map showing location of point of diversion (use map provided)
2. Application and Data Form fully completed and signed
The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District.
Form: WDWCD 01-01-08 CONTRACT.
6