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HomeMy WebLinkAbout1.02 Water Supply PlanWATER SUPPLY PLAN uienwooa aprrngs, C081602 Z4NC4NELL4 4N0 455ocwTES, INC. ENGINEERING CONSULT4NTS February 15, 2001 Mr. Mark Bean Gaeld County Planning Dept 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: T. 0. Ranch Subdivision - Water Supply Investigations Dear Mark: Zancanelia and Associates, Inc. has completed preliminary groundwater investigations associated with the proposed T. O. Ranch Subdivision. A property location map is attached as Figure 1. The purpose of these studies was to determine the ability of the aquifer to supply future needs of the subdivision. Information contained in this report covers estimated future domestic water uses, the well permit applications, the Basalt Water Conservancy District contract, and the pump test results for Well #1A. Each lot will be served by an individual well. Water Requirements Table 1, attached, presents the estimated diversions and consumptive use for the proposed T. O. Ranch Subdivision. The three lots will be supplied by one well for each lot. We have assumed that each of the three residences and three ADUs will be occupied by 3.5 people using 100 gallons of water per person per day. Water will be diverted to irrigate up to 5000 square feet of lawn at each residence and each ADU from the wells. We have included a total of 12 livestock units (four horses per lot) in the water service plan. Legal Supply The approximate locations of the three proposed wells are shown on Figure 1. Well permits are attached for your reference. As can be seen from Table 1, the subdivision will divert an average 3.55 AF annually, and consumptively use 1.26 AF. The peak month of June would require a continuous average diversion of 3.4 gpm. The subdivision is located within the Basalt Water District. A copy of the Basalt District contract is attached for your review. The wells are subject to the Basalt District Temporary Substitute Supply Plan approved by the Colorado Division of Water Resources and Garfield County. Well permits were issued on that basis. Resources under permit 54929 -F (copy attached). The well is located in the NE% of the NWY4 of Section 31, Township 7 South, Range 87 West of the 6th P.M. approximately 760 feet from the north section line and 2460 feet from the west section line. The approximate location of the well and the T. 0. Ranch Subdivision boundary are shown on the attached general location map, Figure 1. The well was drilled to a total depth of 55 feet, through the Quaternary Roaring Fork River alluvial material and into the top of the Pennsylvanian Eagle Valley Formation. Water was encountered during the drilling between depths of 30 and 35 feet. The static water level in the T. 0. Ranch Well #1A on January 16, 2001 was.22.5 feet below the top of the well casing. The well was constructed with five feet of slotted steel well casing set at a depth of 30 - 35 feet. At its current static water level there is approximately 12.5 feet (35 feet - 22.5 feet) of available drawdown. The drawdown represents the available drop from the initial static level. The attached Figure 2 has been prepared to illustrate the well construction details. Also attached is the well construction report from Shelton Drilling Corporation. Pump Test Results A pump test was conducted on January 16 and 17, 2001 by Samuelson Pump Company utilizing a 1/2 horsepower electric submersible pump that was powered by a portable generator. The pump test was conducted at an initial rate of 5 gallon per minute (gpm), but was rapidly raised to 9 gpm. After 20 minutes the pumping rate had declined to 8.5 gpm. The rate was 8.5 gpm from 20 minutes to 180 minutes and 7.5 gpm from 180 to 1090 minutes. The last reading before the pumping stopped showed that the rate had drifted lower, to 7 gpm. The drawdown and time data collected during the test are presented in Table 2. We have plotted the results of the test in a drawdown vs. time curve as shown on the attached Figure 3. The maximum drawdown during the 24- hourtestwas approximately 7.88 feet. The water level rose slightly toward the end of the test, because of the slight decline in the pumping rate from 7.5 to 7 gpm. Recovery data for the well following the pump test were collected for a period of 14 minutes after the pumping stopped. Figure 4 is a graph of the recovery data, showing recovery as residual drawdown. Based on the residual drawdown curve, the well displayed normal recovery characteristics. Conclusions The test indicates that the well will be able to operate for extended periods at the rate of 7 gpm. We believe that this well will be adequate to serve the single family residence and an associated dwelling unit. The well was tested during the non irrigation season and should represent nearly the lowest static water levels of the season. Water Quality Water samples were collected during the pump test and sent to Grand Junction Waste Water Disposal It is proposed that the waste water requirements for the subdivision will be met through the use of ISDS systems. The water supply wells and the leach fields will be located to provide the maximum amount of separation. If you have any questions, please call our office at (970) 945 -5700. Very truly yours, Zancanella and Associates, Inc. Thomas A. Zancanella, P.E. Attachments cc: Mary Ann Hyde \ \Fredlz &a jobs120000120717 T.O. Ranch (Hyde}1WaterPEan- Garco.wpd T 00 BcaIe in Feet T7S FIGURE NO. t sidences 6.0 units iris /residence 3.5 cap /unit is/person /day t Consumed Tigation Rion Efficiency rig reqmnt (CRR) 100 gpcd 15% 5000 sq- ft/lot 70% 2.04 ft Table 1 T. 0. Ranch Subdivision 3 Lots, 3 ADUs Estimated Water Requirements Water Use Inputs Commercial Demands # of Commercial Units 0.0 # persons /unit # gallons /person /day Percent Consumed Lawn Irrigation Application Efficiency Crop Irrig reqmnt (CIR) Other Demands 0.0 100 gpcd 15% 0 sq- ft/unit 70% 2.04 ft Pond Surface Area 0 acres Annual Net Evaporation 0.00 ft Livestock 12 units Livestock Consumption 15 gpud Irrigated Open Space 0 acres Application Efficiency 70% Crop Irrig reqmnt (CIR) 2.04 ft y v. (2) (3) ',tic Commercial Dom1Comm se In -house Irrigation (ac-ft) (ac -ft) Water Use Calculations .r= '1,i, _ Conaumpllve Use ..tgll (4) (6} (6) (7) (81 (9) (10) 111) (12) (13) (14) Pond Live- Average Domestic Commercial DomtComm Pond Live- Average Evap. stock Total Flow In -house In -house Irrigation Evap. stock Total Flow (ac -ft) (ac -ft) (ac -ft) (gpm) (ac -ft) (ac-ft) (ac -ft) (ac -ft) (ac-ft) (ac -it) (gpm) ) 0.00 0.00 S 0.00 0.00 0.00 0.00 ) 0.00 0.00 0.00 0.18 ) 0.00 0.24 ) 0.00 0.23 0.00 0.16 ) 0.00 0.12 l 0.00 0.07 ) 0.00 0.00 ) 0.00 0.00 0.00 1.00 0.00 0.02 0.22 1.6 0.03 0.00 0.00 0.00 0.02 0.05 0.3 0.00 0.02 0.20 1.6 0.03 0.00 0.00 0.00 0.02 0.04 0.3 0.00 0.02 0.22 1.6 0.03 0.00 0.00 0.00 0.02 0.05 0.3 0.00 0.02 0.21 1.6 0.03 0.00 0.00 0.00 0.02 0.05 0.3 0.00 0.02 0.40 2.9 0.03 0.00 0.13 0.00 0.02 0.18 1.3 0.00 0.02 0.45 3.4 0.03 0.00 0.17 0.00 0.02 0.21 1.6 0.00 0.02 0.44 3.2 0.03 0.00 0.16 0.00 0.02 0.21 1.5 0.00 0.02 0.38 2.8 0.03 0.00 0.11 0.00 0.02 0.16 1.2 0.00 0.02 0.33 2.5 0.03 0.00 0.08 0.00 0.02 0.13 1.0 0.00 0.02 0.29 2.1 0.03 0.00 0.05 0.00 0.02 0.10 0.7 0.00 0.02 0.21 1.6 0.03 0.00 0.00 0.00 0.02 0.05 0.3 0.00 0.02 0.22 1.6 0.03 0.00 0.00 0.00 0.02 0.05 0.3 0.00 0.20 3.55 2.20 0.35 0.00 0.70 0.00 0.20 1.26 0.77 GROUND LEVEL BOULDERS, COBBLES PENNSYLVANIAN EAGLE VALLEY FORMATION TOTAL DEPTH 55 10- 15- 20- 25- 30- 35- 40- 45- 50 55-. a' 0' TO 40' 9' DIA. HOLE CEMENT 10' TO 25' STATIC WATER LEVEL 22.5' FROM TOP OF CSG ON JANUARY 16, 2001 -1' TO 30' 7' ❑.D. PLAIN STEEL CSG 0240' WALL THICKNESS 30' TO 35' 7.0' O.D. SLOTTED STEEL SCREEN 0.240' WALL THICKNESS 35' TO 40' 7' ❑.D. PLAIN STEEL CSG 0.240' WALL THICKNESS 35' TO 55' 5.5' O.D. PVC CSG 0.250' WALL THICKNESS 40' TO 55' 6.5" DIA. HOLE I FIGURE NO. Well ID: T. 0. Ranch Well #1A Job No.: 20717 Client: Mary Ann Hyde Test By: Samuelson Analysis By: BC? M.P. = Top of Casing rump ;i est Data Q= 7.5 -9.0 gpm r= ft S.W.L. = 22.50 ft b ft Time /Date on: I/16:01 1.50 PM Time/Date off 1/17/01 2:00 PM projected Test Length: 24:10:00 total time REAL TIME Time {minutes) W.L. Measurement Drawdown (feet) Q (gpm) t' (minutes) t/t' (feet) (inches) 1/16/01 1:50 PM 0 22 6.00 SWL 1/16/01 1:51 PM 1 25 5.00 2,92 1/16/01 1:52 PM 2 25 6.50 3.04 1 /16/01 1:53 PM 3 25 6.50 3.04 5 1/16/01 1:54 PM 4 --1 26 8.00 4.17 9 1/16/01 1:55 PM 5 27 7.50 5.13 9 1/16/01 1:56 PM 6 28 4.00 5.83 9 1/16/01 1:58 PM 8 29 1.50 6.63 9 1/16/01 2:00 PM 10 29 6.50 7.04 .9 1/16/01 2:02 PM 12 29 9.50 7.29 9 1/16/01 2:05 PM 15 29 9.50 7.29 9 i 1/16/01 2:10 PM 20 30 2.50 7.71 9 1 /16 /01 2:20 PM 30 29 3.00 6.75 8.5 1/16/01 2:30 PM 40 29 2.00 6.67 8.5 1/16/01 2:40 PM 50 29 2.00 6.67 8.5 1/16/01 2:50 PM 60 29 3.00 6.75 8.5 1/16/01 3:20 PM 90 29 3.50 6.79 8.5 1 /16 /01 3:50 PM 120 30 1.00 7.58 8.5 1/16/01 4:20 PM 150 30 2.50 7.7! 8.5 1/16/01 4:50 PM 180 30 4,50 7.88 8.5 1/16/01 4:56 PM 186 29 1.25 6.60 7.5 1/16/01 5:20 PM 210 29 1.25 6.60 7.5 1/16/01 5:50 PM 240 29 2.50 6.71 7.5 1/16/01 9:50 PM 480 29 4.00 6.83 7.5 1/17/01 S:OOAM 1090 29 5.00 6.92 7 1/17/01 2:00 PM 1450 29 1.00 6.58 Stop Pumping _ 1/17/01 2:01 PM 1451 25 5.25 2.94 0 1 1451 1/17/01 2:02 PM 1452 24 2.00 1.67 0 2 726 1 /17/01 2:03 PM 1453 23 6.00 1.00 0 3 484 1/17/01 2:04 PM 1454 23 0.50 0.54 0 4 364 1/17/01 2:05 PM 1455 22 10.00 0.33 0 5 291 I/17/01 2:06 PM 1456 1 22 8.50 0.21 0 6 243 1/17/01 2:09 PM 1459 22 6.50 0.04 0 9 162 1/17/01 2:10 PM 1460 22 6.25 0.02 0 10 146 I/17/01 2:14 PM 1464 22 6.00 0.00 0 14 105 Figure 3 T. 0. Ranch Well #1A 24 Hour Pumping Test on 1116101 - 1/17101 Time (min) 100 1,000 10,000 100,000 Day 1 Day 3f Day 2 Day 5 Day 10 Zancanella & Associates, Inc. TO- Weill APumpTe Figure 4 T. 0. Ranch Well #1A Recovery as Residual Drawdown t/tI 1 10 100 1,000 10,000 100,000 tecovery following pump test 1/16/01 - 1/17101. i! 1 Zancanella & Associates, Inc. TO- WeII1APumpTe; .ayTT -"741 L. WI % IV1L/V, VI 1 14I•- vl 111L. V 1!'11 G LI11VIIrC r% APPROVAL A GWS31 -91 -03 . -WELL PERMIT NUMBER 54929 -F 2. - Owner Name(s) : Mary Ann Hyde Revocable Trust Mailing Address : P.O. Box 1557 City, St. 21p : Aspen, Co_ 81612 Phone OCAT AS DRILLED: NE 1/4 NW 1/4 Sec. 31 Twp- Range 87W 07S DISTANCES FROM SEC. LINES: 760 ft. from North Sec. line. and 2460 ft. from West Sec. line. OR SUBDIVISION : T 0 Ranch LOT 1 BLOCK FILING(UNIT) STREET ADDRESS AT WELL LOCATION : 4 ` `GROUND SURFACE ELEVATION ft, DRILLING METHOD Air Rotary DATE COMPLETED 01/19/01 TOTAL DEPTH 55 ft. DEPTH COMPLETED 55 .�#,_ ., . GEOLOGIC LOG : 6. HOLE DUNE. (in) FROM (ft) TO (ft) ISM Type of Material (Size, Color, and Type) 9.0 0 40 40435 Boulders, Cobbles 6.5 40 55 035 -055 Eagle Valley Evaporites 7. PLAIN CASING OD (hi) Kind Walt Sae From (ft) To (ft) 7.0 Steel 0.24 -1 30 7.0 Steel .240 35 40 5.5 PVC .250 35 55 PERF. CASING : Screen Slot Size : 7.0 Steel .240 30 35 A 8. Fitter Pack Material : Size : Interval : 9. Packer Type : Depth : Placement `WATER LOCATED : 30 -35 ;REMARKS : 10. GROUTING RECORD : Material Amount Density Interval Plao.Ironr cement 3 sks 16 gal 10-25 poured , it DISINFECTION : Type : HTH Amt. Used : 2 oz. `.+Z WELL TEST DATA : [I Check Box If Test Data is Submitted On Supplemental Form. - TESTING METHOD : Air Compressor .Static Level : 22 ft. Datemme Measured : 1/19/01 Production Rate : 8 gpm .,Pumping Level : Total ft. DatefTime Measured : 1/19/01 Test Length : 2 hrs. Remarks : -47.7.—Q.413 !M� ttr cores mod, h.Wl r4 ]maw the oorar13 brreot, .din they WI tnxle my knowkdam (PWan:Ate &N am 24-4- to4(t3)ts) CRS, lbw p d 4be,wlorm* fowl r. ~ iF Ai9151 "'•d- n hrilli r,�nm j / Phone : r970) 927 -4182 APPLICANT LIC WELL PERMIT NUMBER 54929 - F DIV. 5 WD 38 DES. BASIN MD Lot: 1 Block: Filing: Subdiv: T 0 RANCH MARY ANN HYDE REVOCABLE TRUST PO BOX 1557 ASPEN, CO 81612- (970) 925 -3571 PERMIT TO CONSTRUCT A WELL AMENDED APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NW 1/4 Section 31 Township 7 S Range 87 W Sixth P.M. DISTANCES FROM SECTION LINES 760 Ft. from North 2460 Ft. from West UTM COORDINATES Northing: Section Line Section Line Easting: ISSUANCE OF THIS PERMIT. DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402 -2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved '. pursuant to CRS 37- 90- 137(2) for the construction of a welt, appropriating ground water tributary to the Roaring Fork River, as an aiternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #374. 4} The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling and one auxiliary dwelling unit, the irrigation of not more than 5,000 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.18 acre -feet (385,600 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) This amended permit is approved for a new well location as indicated above. (The originally proposed location was 360 feet from the north section line and 2,240 feet from the west section line.) n /—s-9-do i _J APPLICANT WELL PERMIT NUMBER 054930 F DIV. 5 WD 38 DES. BASIN MD Lot: 3 Block: Filing: Subdiv: i 0 RANCH MARY ANN HYDE REVOCABLE TRUST PO BOX 1557 ASPEN, CO 81612- (970) 925 -3571 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NE 114 NW 1/4 Section 31 Township 7 S Range 87 W Sixth P.M. DISTANCES FROM SECTION LINES 60 Ft. from North Section Line 1620 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 OCR 402 -2. unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37 -90- 137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be.operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #374. 4) The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling and one auxiliary dwelling unit, the irrigation of not more than 5,000 square feet of horse gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.18 acre -feet (385,600 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. k:L') %I/ I7 /dD r J APPLICANT WELL PERMIT NUMBER 05 $331 .F - DIV. 5 WD 38 DES. BASIN MD Lot: 2 Block: Filing: Subdiv: T 0 RANCH MARY ANN HYDE REVOCABLE TRUST PO BOX 1557 ASPEN. CO 81612- (970) 925 -3571 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NW 1/4 Section 31 Township 7 S Range 87 W Sixth P.M. DISTANCES FROM SECTION LINES 240 Ft. from North Section Line 1445 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402 -2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37 -90- 137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #374. 4) The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling and one auxiliary dwelling unit, the irrigation of not more than 5,000 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.18 acre -feet (385,600 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 41...) oft 1(c The Basalt Water Conservancy District (the "District") has granted Water Allotment Contract No. 374, dated the 12th day of October, 2000, ( "Contract "), to extend to the owner(s) of the real property described on Exhibit A attached hereto and incorporated herein by this reference, the right to beneficially use water or water rights owned. leased, or hereafter acquired by the District for such real property Iocated in the County of Garfield, State of Colorado. The Contract is subject to various conditions which may include well- permit requirements of the Colorado Division of Water Resources and Water Court approval of an augmentation plan or substitute supply plan. Assignment of the Contract requires the District's consent and Applicant's payment of an assignment fee. • Inquiries may be directed to: Basalt Water Conservancy District, c/o Lori J.M. Satterfield, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, Colorado 81602; Telephone: (970) 945 -6546; Fax: (970) 945 -8902. This Memorandum is subject to the terms and provisions of the Contract which are incorporated herein by this reference. Upon recording, this Memorandum shall constitute notice to bona fide purchasers of the Contract affecting the above - described property. Date: / 0 - STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) BASALT WATER CONSERVANCY DISTRICT By: hur Bowles, President The foregoing instrument was acknowledged before me this 12th day of October, 2000, by Arthur Bowles, President of the Basalt Water Conservancy District. WITNESS my hand and official seal. My Commission expires: f - 7 - acc - Notary Public 1 EXHIBIT A PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN LOT 3 AND LOT 4, SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SLOTH PRNCIP4.L MERIDIAN, COUNTY OF GARFIDLD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CO vLMENCING AT THE NORTH QUART ccR CORNER OF SAID SECTION 31 (WEENCE THE WITNESS CORNER TO SAID QUART .C±. CORNER, A 1963 COUNTY SURVEYOR'S BRASS CAP FOUND IN PLACE, BEARS N 89 °55'23" E 40.00 FEET); THENCE S 89 °55'23" W 625.03 FEET TO THE TRUE PONT OF BEGINNING; THENCE S 00 °09'37" W 290.00 FEET; THENCE N 89 °55'23" E 601.79 FEET (DEED = 60.00 FEET) TO A POINT ON THE.WESTERLY RIGHT -OF -WAY OF COUNTY ROAD NO. 100; THENCE S 00 °05'50" E ALONG SAID RIGHT -OF -WAY 522.38 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF STATE. HIGHWAY NO. 82; THENCE N 80° 49'21" W ALONG SAID RIGHT -OF -WAY 460.55 FEET; THENCE CONTINUING ALONG SAID RIGHT -OF -WAY N 80 °24'00" W 912.31 FEET ; THENCE LEAVING SAID RIGHT -OF -WAY N 00 °00'00" E 584.96 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SECTION 31; THENCE N 89° 55'23" E ALONG SAID NORTHERLY LINE 752.33 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 17,74 ACRES, MORE OR. LESS. Wr11L+K ALLULMEIN 1 L'ULV11(AU 1 fNU. 3/4 Pursuant to C.R.S. 1973, 37 -45 -131 The Mary Ann Hyde Revocable Trust (hereinafter "Applicant ") has applied to the Basalt Water Conservancy District (hereinafter the "District "), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37 -45- 101, et seq., for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following terms and conditions and those certain terms and conditions set forth in the attached Order, which is fully incorporated as a part of this Contract: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use 0.10 cubic feet of water per second from the District's direct flow rights and 1.4 acre feet per year of storage or other augmentation water owned or controlled by the District. Applicant shall restrict actual diversions and use under this Contract to these amounts. ?. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the Districts water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other decrees or water rights hereafter acquired by the District, including the District's contractual right to receive storage water from Ruedi Reservoir and Green Mountain Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange or augmentation releases made from the District's storage rights in Ruedi or Green Mountain Reservoirs or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. Releases from other facilities available to the District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement is not impaired by said action. 3. ' PURPOSE AND LOCATION OF USE: Applicant will use the water rights allotted pursuant to this Contract for beneficial purposes by diversion at Applicants point of diversion under the District's direct flow water rights and/or by use of augmentation or exchange water owned or controlled by the District. Annlicant will use the water al1nrtPd by the Tlicrrirt within nr through •741444 vy i■57.4■1.7 aµ ra, yµ y' 1.11• tilde414K4J 44 V 4L1 U 11�.i1La1 auLlUVL LLJ LaY4i4 jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: X Domestic /Municipal , Industrial _ Commercial Agricultural Other It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year. shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance Iosses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees. may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to institute any legal proceedings for the approval of an augmentation plan and/or any change to an alternate point of diversion of the District's water right to allow the Applicant to utilize the water allotted hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an alternate point of diversion and/or an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's application for change of water right. and/or augmentation plan or other water supply plan involving the District's rights, and the Applicant shall provide the District copies of such application and of all pleadings and other papers filed with the Water Court in the adjudication thereof. be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out -of- pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be solely responsible for providing the structures, works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be Fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, a late fee of S50 (or such other amount as the Board may set from time to time) will be assessed and final written notice of the delinquent account and late fee assessment will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after said final written notice, the District may, at its option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi - municipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said Applicant without the prior written approval of the Board of Directors of the District. make the buyer aware of this Contract and the need to assign the Contract to the buyer. However, prior written approval of the Board of Directors of the District is required before the assignment is effective. Payment of an assignment fee in an amount determined by the Board shall be required as a prerequisite to approval of the assignment. In the event the water right allotted hereunder is to be used :'or the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district properly organized and existing under and by virtue of the laws of the State a f Colorado and then only i F such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District has adopted or may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 7. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by all applicable Iaw, including, for example, the provisions of the Water Conservancy Act of the State o f Colorado, the Rules and Regu- lations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 81 CW253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into :1fl "nn Pr:ltir n aflfi Mairlterta t•P A nrnPm•ntl{ ■antic tk., tl,n pnn..,- nFil.rnntn rn by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for exten- sion of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to: review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 13. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. 14. WELL PERMIT: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before the District is obligated to deliver any water hereunder, and it is the Applicant's continuous duty to maintain a valid well permit. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Applicant must comply with the well- spacing requirements set forth in C.R.S. §37 -90 -137, as amended, if applicable. Compliance with said statutory well- spacing criteria shall he an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. 15. MEASURING DEVICE OR METER: Applicant agrees to provide, at its own expense, a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. 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 J of determining Applicant's actual use of water. 16. CONTRACT TERlMINATION: A. Termination by District: 1. The District may terminate this Contract for any violation or breach of the terms of this Contract by Applicant. 2. The District may terminate this Contract if, in its discretion, any judicial or administrative proceedings initiated by Applicant threaten the District's authority to contract for delivery or use of the District's water rights, or threaten the District's permits, water ri ghts, or other interests of the District. B. Termination by Applicant: 1. Applicant may terminate this Contract in its entirety for any reason by notifying the District in writing of the termination on or before April 1. Notice by said date will prevent the Applicant's liability for the next annual contract charge. 17. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. Applicant's Address: The Mary Ann Hyde Revocable Trust Mary Ann Hyde, Trustee T.O. Ranch Subdivision P.O. Box 1557 Aspen, CO 81612 TaiPnhnnP• (Q7f11475,1571 APPLICANT: THE MARY ANN HYDE REVOCABLE TRUST Mary • Hyde, Trustee ) ss. COUNTY OF ) Subscribed and sworn to before me this day of , 2000, by Mary Ann Hyde, Trustee of The Mary Ann Hyde Revocable Trust. WITNESS my hand and official seal. My commission expires: 6i CO, r. r i J No Cary-Public EXHIBIT A PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED 1N LOT 3 AND LOT 4, SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SE H PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 31 (WHENCE THE WITNESS CORNER TO SAID QUARTER CORNER, A 1963 COUNTY SURVEYORS BRASS CAP FOUND IN PL~CB, BEARS N 89 °55'23" E 40.00 FEET); =CE S 89 °55'23" W 625.03 FEET TO THE TRUE POINT OF BEGINNING. THENCE S 00 °09'37" W 290.00 FEET; THENCE N 89 °55'23" E 601.79 FEET (DEED = 60.00 FEET) TO A POINT ON THE WESTERLY RIGHT -OF -WAY OF COUNTY ROAD NO. 100; THENCE S 00 005'50" E ALONG SAID RIGHT -OF -WAY 522.38 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY OF STATE HIGHWAY NO. 82; THENCE N 80° 49'21" W ALONG SAID RIGHT -OF -WAY 460.55 FEET; THENCE CONTINUING ALONG SAID RIGHT -OF -WAY N 80 °24'00" W 912.31 FEET ; THENCE LEAVNG SAID RIGHT -OF -WAY N 00 °00'00" E 584.96 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SECTION 31; THENCE N 39° 55'23" E ALONG • SAD NORTHERLY LINE 752.33 3 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 17.74 ACRES, MORE OR LESS. THE MARY ANN HYDE REVOCABLE TRUST CONTRACT NO. 374 Application having been made by or on behalf of The Mary Ann Hyde Revocable Trust and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for 0.10 cubic feet of water per second from the District's direct flow rights and 1.4 acre feet per year of storage augmentation water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the attached Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicant has acknowledged that the land to be benefitted by the attached Contract is described on Exhibit A attached hereto and incorporated herein by this reference. 2. In the event of the division of the property served by this Contract (see Exhibit A) into two or more parcels owned by different persons. the Applicant shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property. The. Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District, including to enforce payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 3. Any allotment of less than 1.0 acre foot of storage water in Paragraph 1 of the. attached Contract shall be deemed 1.0 acre foot for purposes of establishing the annual water service charge for such water allotment. 4. The Applicant shall provide the District proof that the proposed land use of the land to be benefitted by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 5. Any well permits issued on the basis of this Allotment Contract shall be applied for and issued in the name of the Applicant. 6. By acceptance of this Contract, Applicant acknowledges that within two years of the date hereof or such later date as the District may approve, the Applicant shall file with the Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted L,arallr,Anr nt ti,a 1nnntinn nnrl F'nr tl,a n..rnn000 I1Arm.; Inn ha cut f'nrtin nr t1.a Anr.lin.ont+c cvarar in such plan; provided that inclusion of the Applicant's water allotment in the District's plan of augmentation shall be at the District's sole discretion. In the event the District includes the Applicant's water allotment in the District's Application for a plan of augmentation, Applicant will provide such information and assistance, including testimony, as may be needed for judicial approval of the plan. The District makes no warranty that it will secure approval of the plan. The District may establish an augmentation plan fee to be paid by the holder of any Contract or amended Contract to be included within a plan of augmentation to be filed by the District, which fee shall be payable in advance of the inclusion of such Contract in a District plan of augmentation and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the Contract holder. Conversely, if such augmentation plan fee paid by the Contract holder does not cover the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation. then Applicant shall pay the remaining balance of its portion of the actual expenses upon the District's providing the holder with a statement for the same. To the extent that the District is caused additional costs because of objections filed specifically due to the inclusion of Applicant's Contract in the tiling, such additional costs may be charged specifically to Applicant and not shared on a prorata basis by all Contractees. 7. Any and all conditions imposed upon the release and diversion of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constitute the District's representation that the Applicant will receive a well permit or water rights decree for the land to be benefitted hereby. 8. If Applicant intends to divert water through a well or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obligated to deliver water for the benefit of Applicant hereunder. Applicant must comply with the well- spacing requirements set forth in C.R.S. §37 -90 -137, as amended. if applicable. Compliance with said statutory well - spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. Approved this 12th day of October , 2000. Attest: By: ,`�r�.•ci• ti.`.. 1 BASALT WATER CONSERVANCY DISTRICT Bv: 4f,r •i//t.d. { Barbara Mick - Secretary Arthur Bowles, President GRAND JUNC110NntA0NAlOPIES 435 NORYM ArE Wr • PI4ONe: (970) 242 -7411 • FAX: (970) 243-7235 • GRAND JIiNCTION, COIA0'A06 11501 Received holm — ANALYTICAL REPORT — Zancanella & Assoc. PO Box 1908 Glenwood Springs, CO 81601 Mark Hayes 5647 water Customer Na Laboratory No Sample Date Received 1/17/01 2! 121 D 1 Date Reported Lab number I 5647 Limits Sample ID T.D. Rana Subdivision Well #1A for January 16, 2001 4:30PM Public Supplies Nitrite(N) 0.00 mg /1 1.0 mg /1 Total Coliform Bacteria 0 col /100m1 must be 0