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HomeMy WebLinkAbout1973 Notice of Receipt of PetitionNOTICE OF RECEIPT OF PETITION PURSUANT TO C.R.S. 1973, 37--45 -125 Please take notice that the Board of Directors of the Basalt Water Conservancy District has received and accepted a Petition which is intended to obtain for the Petitioner the beneficial uses of waters of the District for all beneficial purposes including the irrigation of lands. The Petition is as follows: Name of Applicant: Al Storey Quantity of Water to be Used: 0.1 c.f.s. direct flow Description of lands upon which water will be used: Parcel A The w1SW4SW1/4 of Section 29, Township 7 South, Range 87 West of the 6th P.M. Parcel' B A tract of land situated in Lots 1 and 2, Section 31, Township 7 South, Range 87 West of the 6th Principal Meridian, described as follows: Beginning at a point on the North Line of said Lot 2 at the intersection with the Northerly line of the Basin Ditch, said point being 324.35 feet East, more or less, of the Northwest corner of said Lot 2; thence along the Northerly line of said•Basin.Ditch as follows: 5. 50°59'.E. 105.80 feet; thence S. 36 °26' E. 130.0 feet; thence S. 65 °49' E. 245.26 feet; thence N. 75 °12' E. 223.37 feet; thence S. 70 °17' E. 76.38 feet; thence S. 50 °18' E. 57.08 feet, more or less, to fence line on the East line of property; thence North along said fence line 278.92 feet, more or less, to a point on the North line of said Lot 1; thence S. 89 050' W. 714.93 feet, more or less, along the North line of said Lots 1 and 2 to the point of beginning. Price per acre foot to be paid: Applicant and his . assignees agree to pay the sum of $15.00 per residential unit served with multipurpose Basalt Project water per annum; provided, that in the event the District obtains a contract for service out of Ruedi Reservoir from the United States, Bureau of Reclamation, or from such other storage facility as may be necessary to fully and adequately serve the needs of the users of the assignees of Petitioner, that Petitioner and his assignees agree to pay such an amount in addition to that heretofore described as will reasonably reflect the Basalt Water Conservancy District's actual cost of providing said water service to Petitioner and his assignees on a prorata basis. Matter of payment: The payments herein contemplated will be made annually in advance on or before January 1 of each calendar year beginning January 1, 1980; provided, however, that the methods of levy and assessment for delinquent charges may at the election if necessary of the Board of Directors be utilized all as is more fully described in C.R.S. 1973, 37 -45- 125. Petitioner hereby has acknowledged and agreed that the annual installments and such other charges as are described hereinabove shall become a tax, lien upon the lands described hereinabove and that_ Petitioner is further bound by the provisions of C.R.S. 1973, 3745 -101 et seq. and such reasonable rules and regulations as may be adopted by the Board of Directors of the Basalt Water Conservancy District. Petitioner agrees further to cause the within agreement to be made in such fashion as shall be binding upon his heirs, successors and assigns as applicable. Miscellaneous Provisions: Petitioner agrees to provide his own physical source of supply of water and to install such facilities as will reasonably accomplish the physical delivery of water to the users situate on the properties above described contemplated hereunder. Petitioner further ack- knowledges that he shall be responsible for all construction, engineering and legal expenses incurred in obtaining said physical supply and in collecting, treating and distributing and delivering the water to the . lands- hereinabove described. Petitioner acknowledges that Petitioner is solely responsible for the expense of all ordinary and necessary maintenance, repair, treatment, distribution and delivery of the water rights to be served hereunder, subject, however, to the option of the Board of Directors of the Basalt Water Conservancy District to take over at any time within a term of 15 years of the date of this Petition said operation, maintenance, repair, treatment, distribution of said water rights all as may be necessary to serve the land described hereinabove. Petitioner further agrees to obtain judicial approval from the Water Court in and for Water Division 5, to use the decree for the Basalt Conduit, Priority No. 718, at a well or wells to be constructed by Petitioner herein and to pay all reasonable and incidential legal and engineering expenses in connection 'with obtaining judicial approval, including any reimbursement of actual costs expended by the Board of Directors of the Basalt Water Conservancy District that are related to Petitioners activities hereunder. Please take notice that the Board of Directors will approve or disapprove the within Petition at their public meeting to be held on March 22, 1979, at the hour of 7 :30 P.M. at 818 Colorado Avenue, Glenwood Springs, Colorado. At that ' time and place, any interested party who wishes to object to the granting of this Petition may present in writing good cause why said Petition should not be granted by the Board. The failure to appear and show cause why said Petition should not be granted will be deemed an assent on the part of all inhabitants of the District to the granting of the Petition.