Loading...
HomeMy WebLinkAbout1.0 ApplicationAPPLICATION Special Use Permit I'I GARELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970.945.8212 Facsimile: 970.945.7785 Submittal Date: Base Fee: Applicant: Rick Broadhurst and Florence Ann Broadhurst c o 'o,ert . oone, P.C. Address of Applicant. P.O. Box 39, Glenwood Springs CO ty ge 400 ' T le h ne X970) 945-4500 Construction of primary dwelling unit on property where existing Special Use Being Requested: Zone District's/R/RD Size of Property: Application Requirements: These i ms must he sijb mi th wit th an^a;^ation 1] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. 2] If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water 3] supply information, including a water allotment contract or an approved water augmentation plan. A map drawn to scale portraying your property, roadways within one (1) mile of your property. If structures e proposing property, apnew'orr expanded access and the County r S onto a County or State roadway, submit a driveway or highway access permit. P onto 4] A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle ma will suffip 5] A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of allproperty 6] er addresses. Attach a copy of the deed and a legal description of the property.Iou are ractins andg as,an agent for the his/her behalf. property owner, you must attach an acknowledgment from the property owner that you may act in 7] For all applications pertaining to airports, the oil and gas industry, power generation and/or transmission industry, or any other classified industrial operation, statement consistent with the requirements of Sections 5.03, p you must submit an impact and 5.03.08, inclusive.paragraphs 1 thru 3; 5.03.07, inclusive; The consideration of this proposed Special Use will require at least one( 1 ) c hearing, for which public notice must be provided. The Planning Department will mail you information lcncerning this hearing(s), approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of the public hearing. The information contained within this application is complete and correct, to the best of my knowledge: Applicant: Date: 11 11 1v 19°1? ATTACHMENT TO APPLICATION FOR SPECIAL USE PERMIT SUBMITTED BY RICK AND ANN BROADHURST The numbered paragraphs below correspond with the numbered "Application Requirements" on the attached, completed Planning Department Application Forni. 1 • Plans and specifications for the nronosed use. Provo_ s4 ed use The Special Use Permit sought is for a primary dwelling unit to be located on the Broadhursts' property depicted on Exhibit B, attached, which property s approximately 10.7 acres. The legal description is contained in the Deed attached as Exhibit G. Because the creation of the Broadhurst lot pre -dates July, 1995, under section 3.02.03 of the County Zoning Code, the primary dwelling unit is a special use and must meet the standards in section 5.03.021. The criteria under section 5.03.021 are: (a) The minimum lot size shall be our 4 acres containen a buildin site with slo es less than 40% at least two 2 acres is size. The Broadhursts' total lot size is 10.07 acres and is therefore greater than the required minimum. The lot meets the slope criteria as shown by the vicinity map attached as Exhibit C. (b) The ross oor area or residential use occuan c shall not exceed 1500 s. uare eet. The Broadhursts' property contains an existing Primary Dwelling Unit of no more than 1,500 square feet. They seek approval to build a Primary Dwelling Unit of no more than 5,000 square feet. (c) A..roval rom the subdivision homeowners association and/or allowed b covenant i a Itcable. There are no covenants, deed or plat restrictions that would prohibit the proposed primary dwelling unit on the Broadhursts' property. The proposed unit is to be built wholly within the boundaries of the "Development Area for Proposed Primary Dwelling Unit" shown on Exhibit B attached. (d) Proo o a let all ade.uate source o water or an additional dwellin! unit. See Decree attached as Exhibit A, entered in Case No. W-346 on November 22, 1972, awarding .022 cfs (10 gpm) to the Strook Well No. 1. The right to the use of the first 5 gpm available at the Strook Well is owned by the Broadhursts pursuant to the Quit Claim Deed attached at Exhibit F. (e) Com .liance with the Coon individual sewat e dis.osal s stem re_ ulations or aroo o a let al abili to connect to an a. .roved central sewate treatment acili . An individual sewage disposal system complying with County regulations exists on the lot and is sufficient for both the primary residence and the proposed primary dwelling Attachment to Broadhurst Special Use Permit Application Page 2 of 3 unit. (f) Only leasehold interests in the dwelling unit is allowed. The proposed special use will conform with this restriction. (g) That all construction complies with the appropriate County building code requirements. All improvements associated with the proposed primary dwelling unit will be constructed in accordance with applicable County building code requirements. Hours of Operation: residential. Daily vehicular traffic accessing the site: no more than ten trips per day are projected. 2. Water and wastewater. For water availability, please see subparagraph 1(d) above, and all exhibits referenced therein. For wastewater and sewage disposal, please see subparagraph 1(e) above. 3. Map to scale of property, all structures, and County or State roadways within one mile of property. Please see: copy of plat (Exhibit "B") showing the present residential site and garage foundation and the Vicinity Map, Exhibit C, referenced in the next paragraph. 4. Vicinity map showing slope. Please see vicinity map, Exhibit C, and a slightly enlarged map of that depicted area on an excerpt from the Carbondale quadrangle map of the USGS attached as Exhibit C. 5. Copy of appropriate portion of Garfield County Assessor's Map and list of adjacent property owners. Please see copy of NW quadrant of Assessor's Map No. 2393-28 attached as Exhibit D. According to the records of the Garfield County Assessor's office, the property owners adjacent to Broadhursts' lot are: 319 Duane R. and Elizabeth G. Stewart 20 Sunset Drive, Suite 8 Basalt, CO 81621-9387 Attachment to Broadhurst Special Use Permit Application Page 3 of 3 318 Jane R. Baker P.O. Box 981 Carbondale, CO 81623-0981 301 Phillip R. and Patricia A. Lacerte 13155 Noel Road, Fl. 22 Dallas, TX 75240-5090 Bureau of Land Management P.O. Box 1009 Glenwood Springs, CO 81602 6. Copy of Deed, Legal Description, and Authorization of Agent. See Exhibits E, F and G. 7. This Application does not pertain to any classified industrial operations. OCT -29-9e 13:11 FROM:ROBERT M NOONE PC ID:9709455570 Rick and Ann Broadhurst P.O. Box 185 Carbondale, CO 81623 October 28, 1998 Garfield County Planning Department 109 8`h Street, Suite 303 Glenwood Springs, CO 81601 PAGE 2/2 Re: Application for Special Use Permit for Additional Dwelling Unit; 1418 County Road 107/a 10.7 acre tract in Section 22, Township 7 South, Range 88 West Dear Planning Department Representative: This letter is to notify you that we are the owner of the property referenced above, and we authorize the law firm of Robert M. Noone, P_C. to act as our agent in pursuing all actions necessary for approval of a Special Use Permit (for the purpose of an additional dwelling unit) by the Garfield County Commissioners. Sincerely, _...e Ann Broadhurst Ric • Broadhurst EXHIBIT E ROBERT M. NOONE, P.C. ATTORNEYS AT LAW THE TAMARACK BUILDING, 1001 GRAND AVENUE, SUITE 207 P.O. DRAWER 39, GLENWOOD SPRINGS, COLORADO 81602 Robert M. Noone Gregory J. Hall Of Counsel James H. Delman December 13, 2001 VIA HAND DELIVERY Mark Bean Garfield County Building and Planning Dept. 109 8th Street Glenwood Springs, CO 81601 RECEIVED DEC 1 3 2001 Telephone: 970-945-4500 Telefax: 970-945-5570 E -Mail: rmn@noonelaw.com Re: Concerning the Application for Water Rights of Rick and Ann Broadhurst Water Division No. 5, Case No. 00CW234 Dear Referee Petre: Enclosed is a copy of the augmentation plan signed by the referee for the Broadhurst Application. • Very truly yours, ROBERT M. NOONE, P.C. /JP Enclosure DISTRICT COURT, WATER DIVISION 5, COLORADO, Court Address: I09 8`h Street, Suite I04 Glenwood Springs, CO 8I60I CONCERNING THE WATER APPLICATION OF: Rick and Ann Broadhurst, In Garfield County, Colorado. A Court Use Only a Attorney for [Plaintiff or Defendant] Robert M. Noone, #I2452 ROBERT M. NOONE, P.C. Attorneys at Law I00I Grand Avenue, Suite 207 P.O. Drawer 39 Glenwood Springs, CO 8I602 Phone: (970) 945-4500 Fax: (970) 945-5570 E-mail: rmn@noonelaw.com Case No.: 00 CW 234 FINDINGS OF FACT AND RULING OF THE REFEREE, JUDGMENT AND DECREE OF THE WATER COURT This claim has come before the Water Referee on the Application for Underground Water Right, for Change of Water Right and for Approval of Plan for Augmentation of Rick and Ann Broadhurst. The Water Judge referred the Application to the undersigned as Water Referee for Water Division No. 5, State of Colorado, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as the Water Rights Determination and Administration Act of 1969. The undersigned Referee has made such investigations as are necessary to determine whether or not the statements in the Application are true, has become fully advised with respect to the subject matter of the Application and its attachments and has consulted with the Division Engineer for Water Division No. 5. The Referee hereby makes the following determination and ruling as the Referee in this matter. I. FINDINGS OF FACT 1. Applicants filed their Application on November 30, 2000. 2. The statements in the Application are true. 3. The Application was properly published in the resume for Water Division No. 5 as required by law, and the Court has jurisdiction over the subject matter of this proceeding and over all persons or water rights affected thereby, whether they have appeared or not. See C.R.S. §37- 92-302. 4. None of the water rights or sources thereof involved in this Application are located within a designated ground water basin. 5. A Statement of Opposition to the Application was filed by Richard B. and Jane R. Veit (hereinafter "Objectors"). The time for filing such statements has expired. Objectors' concerns have been addressed and resolved by execution ofa Stipulation with the Applicants on October 8, 2001. 6. CLAIM FOR UNDERGROUND WATER RIGHT Name of Structure which a Conditional Groundwater Right is Claimed: Broadhurst Well a. Source: Groundwater tributary to the Roaring Fork River b. Location: The proposed location for the Broadhurst Well is in the NE 'A SW 'A, Section 22, T. 7 S., R. 88 W., 6i1] P.M. at a point 2100 feet North of the South line and 1620 feet East of the West line of said Section 22. c. Date of Appropriation: November 16, 1998 d. How appropriation was Initiated: Field Inspection and formation of intent to apply water to beneficial use e. Amount: 0.022 cfs (10 gpm, 1.3 acre feet per year), conditional' 1The cumulative total of Applicants' diversions at the Broadhurst Well and the Strook Well No.l, described below. Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 2 of 12 f. Use: Ordinary household purposes inside two (2) single family dwellings, the watering of four head of livestock and the irrigation of not more than 5,000 square feet of lawns and gardens. g. Description of Irrigated Acreage: Up to 5000 square feet located on a 10.07 acre parcel owned by Applicants in the SW 1/4 of Section 22, Township 7 South, Range 88 West, 6th P.M. h. Name and Address of Owner of Land on which point of diversion and place of use are located: Applicants 7. CLAIM FOR CHANGE OF WATER RIGHT (STROOK WELL NO. 1) Decreed Name of Structure for Which Change is Sought: Strook Well No. 1 a. Information from Previous Decree: i. Date Entered: March 22, 1972 ii Case No. W-346 iii. Court: Garfield County District Court iv. Decreed Point of Diversion: The well is located at a point whence the Southwest Corner of Section 22, T.7 S., R. 88 W., of the 6`h P.M. bears S. 30° 57' 28" a distance of 2030.21 feet. v. Depth: 350 feet vi. Source: Groundwater tributary to the Roaring Fork River vii. Amount: 0.022 cfs (10) gpm viii. Decreed Use: Domestic, stock watering and the irrigation of 10 acres of land ix. Permit No. 37353 (Expired) x. Appropriation date: April 9, 1969. Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 3 of 12 b. Names and addresses of owners of lands upon which point of diversion and place of use are located: i. Owner of land upon which point of diversion is located: Richard B. and Jane R. Veit, 1430 County Rd. 107, Carbondale, CO 81623 ii. Owner of land upon which the place of use of Applicants' interest in the well is located: The Applicants c. Remarks: The Applicants are the owners and users of the first five (5) gpm produced by the Strook Well No. 1, which has historically been used to serve ordinary household purposes inside one (1) single family dwelling and the irrigation of not more than one 1,250 square feet of lawns and gardens. d. Description of Proposed Changes of Water Right: The Applicants request a change in use for the first five (5) gpm from Strook Well No. 1 to allow for ordinary household purposes inside two (2) single family dwellings, the watering of four head of livestock and the irrigation of not more than 5,000 square feet of lawns and gardens. 8. CLAIM FOR CHANGE OF WATER RIGHT (BASALT CONDUIT) Name of Structure for Which Change is Sought: Basalt Conduit a. Information from Previous Decree i. Date Entered: June 20, 1958 ii. Case No.: W-4613 iii Court: Garfield County District Court iv. Decreed Point of Diversion: The decreed headgate and point of diversion for the Basalt Conduit is located on the left side of the Frying Pan River in the NE 'A of the NW %a of unsurveyed Section 18, T. 8 S., R. 84 W. of the 6`h P.M. at the head of the outlet tube for Ruedi Reservoir whence the SW corner of Section 7 of T. 8 S., R. 84 W. of the 6th P.M. bears N. 79° 00' W., a distance of 2,017.1 feet. Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 4 of 12 v. Source: The Frying Pan River, tributary to the Roaring Fork River, tributary to the Colorado River. vi. Appropriation Date: July 29, 1957 vii. Amount: 450 cfs viii. Use: Generation of electricity, irrigation, domestic, municipal, stock watering, piscatorial and industrial. b. The Basalt Water Conservancy District ("BWCD") owns the Basalt Conduit water right. Applicants have a water supply contract with BWCD. c. Description of Proposed change of Water Right: Applicants seek an alternate point of diversion for the Basalt Conduit in an amount not to exceed 0.022 cfs (10 gpm), 1.3 acre feet per year, which is the cumulative total of Applicants' diversions at the Broadhurst Well and the Strook Well No. I. The Applicants request that each of these structures be made an alternate point of diversion for the Basalt Conduit water right for the amounts indicated. 9. CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION 10. Structures to be Augmented: The Broadhurst Well and the Strook Well No. 1. Information from Previous Decrees for Water Rights to be used for Augmentation: a. Green Mountain Reservoir: (1) Source: Blue River, tributary to Colorado River (2) Legal description: located approximately 16 miles southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, 33 and 34, Township 2 South, Range 79 West of the 6th P.M. (3) Adjudication Date: October 12, 1955 (4) Appropriation Date: August I, 1935 Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 5 of 12 (8) Case No.: 2782, 5016, and 5017 Court: United States District Court, District of Colorado Decreed Amount: 154,645 acre feet Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document No. 80, 75th Congress, l' Session, dated June 15, 1937. b. Troy and Edith Ditch STRUCTURE PRIORITY COURT CASE NO. ADJ DATE APP DATE DECREED AMOUNT (CFS) USE (4) AMOUNT SOLD, TRANSFERRED OR RESERVED AMOUNT REMAINING (1°) (5) (6) (7) (8) (9) CFS AF Troy Ditch to 370 3082 08/25/1936 05/01/1906 5.10 1 0.000 0.000 0.095 0.064 0.035 4.906 N/A Troy Ditch 1st Enlg 427 3082 08/25/1936 05/01/1928 10.80 I 0.000 0.000 0.200 0.134 0.073 10.393 N/A Troy Ditch 2nd Enlg 669 4613 06/20/1958 06/01/1942 6.20 1 0.000 0.000 0.115 0.077 0.042 5.966 N/A Edith Ditch 353 3082 08/25/1936 05/01/1904 2.72 1 0.110 0.1320 0.050 0.000 0.018 2.410 N/A Edith Ditch 1st Enlg 673 4613 06/20/1958 07/01/1946 3.23 I 0.000 0.000 0.060 0.000 0.022 3.148 N/A Troy Ditch Water System aka Lower Headgate (2) W- 2281 15.5001 I,D, M C,P 0.110 0.1320 0.520 0.275 0.190 14.273 412.89 (1) Originally diverted from Miller Creek. All othe s originally di erted from Frying Plan River. (2) Altemate point for all priorities of Troy and Edith Ditches. (3) Combined amount limited to 15.5 cfs and 453 AF of consumpti e use, 300 AF of which can be stored. (4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well in Case No. 80CW 1 with 1.0 AF. (6) Transferred to three springs on Cap K Ranch in Case No. 82CW 189 (1.29 AF assumed to be included). (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred. Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 6 of 12 In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive -use credits were available to these ditches, and that 300 acre feet could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre feet of the 453 acre feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by by-passing water at the headgate on the Frying Pan River. 11. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. $ $ 37- 92-103(9) -302(1), (2), and -305(8). The Applicants request a decree adjudicating the changes described above and approving a water rights plan for augmentation that, when implemented, will provide a legal water supply for in-house uses associated with two (2) single family residences, the watering of not more than four head of livestock, and the irrigation of no more than 5,000 square feet oflawn and garden and fully augment the out -of - priority depletions associated with the claimed uses. The physical source of water supply is from the Broadhurst Well and the Strook Well No. 1. Upon completion of this augmentation plan, new well permits will be obtained for the uses and amounts consistent with the augmentation plan. The Applicants request approval to use any or all of the wells to supply the proposed uses. The water requirements and potential stream depletions associated with diversions from the Broadhurst Well and the Strook Well No. 1 are as shown on Exhibit A attached hereto and incorporated herein by this reference. The diversions are expected to be out of priority and subject to an administrative call during April and from mid-June through mid-October, even during future dry years (one in fifty-year occurrence). No calls are expected during the remainder of the year. Total water demand (diversions) is calculated to be 1.110 acre feet (AF) and total depletions requiring augmentation are calculated to be 0.407 AF. The difference between diversions and depletions (1.110 - 0.407 AF = 0.703 AF) represents water that is diverted and then returns to the stream. Water will return to the stream from the individual sewage disposal systems (ISDS) leach field and from groundwater and surface water returns from lawn and garden irrigation. Transit losses between the augmentation source outlet and the point of depletion are estimated to be five percent (5%) of the potential annual augmentation requirement. Depletions from the Broadhurst Well and the Strook Well No. 1 will be in priority during portions of the year. The Applicants will provide augmentation water from Green Mountain Reservoir, the Troy Ditch and/or the Edith Ditch to cover any out -of -priority depletions due to the diversions from the Broadhurst Well and the Strook Well No. 1, plus any transit loss, to adequately protect the vested water rights of others. Augmentation releases will be made Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 7 of 12 pursuant to Water Allotment Contract No. 338, dated March 8, 1999, between the Applicants and the Basalt Water Conservancy District as directed by the Division Engineer. Under Water Allotment Contract No. 338, the Applicants have secured up to 0.022 cfs (1.3 acre feet per year) for augmentation, which is sufficient to allow uninterrupted diversions and prevent injury to other vested and decreed conditional water rights. Applicants' depletions will be delayed from the time of actual pumping, and retum flows from the leach field and irrigation will also be delayed. The actual delayed depletions impacts are calculated using known and assumed parameters for the existing and proposed wells which are formation wells greater than 3,000 feet from a live stream. Based upon the delayed depletion factors developed for Category E Wells augmented by Basalt Water Conservancy District water allotment contracts, the monthly delayed depletions are described more fully in Exhibit B, attached hereto and incorporated herein by this reference. II. RULING OF THE REFEREE The foregoing Findings of Fact are fully incorporated herein. 12. Timely and adequate notice of the Application was properly given as required by law, and the Court has jurisdiction over the subject matter of this proceeding and over all persons and water rights affected thereby, whether they have appeared or not. See C.R.S. §37-92-302. 13. The Application is complete, covering all applicable matters required pursuant to the Water Rights Determination and Administration Act of 1969, C.R.S. §§ 37-92-302-602 and the Applicants have fulfilled all legal requirements for issuance of the requested decree for water rights and plan for augmentation, including the requirements of C.R.S. §§ 37-92-103(9), 37- 92-302(1) and (2),and 37-92-305(8). 14. The Applicants have established that water can and will be diverted under the subject conditional water rights and will be beneficially used, and that this water supply project can and will be completed with diligence and within a reasonable time. 15. The water rights described and decreed herein will not result in any injury to the owner of, or persons entitled to use water under a vested water right or a decreed conditional water right, if operated in accordance with this Judgment and Decree. 16. The Referee has given due consideration to the Report of the Division Engineer/Summary of Consultation filed herein. Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 8 of 12 17. The Referee hereby grants the Application as follows: a. The Broadhurst Well is hereby awarded 0.022 cfs (10 gpm, 1.3 AF annually), conditional, with an appropriation date of November 16, 1998 for ordinary household purposes inside two single-family dwellings, the watering of not more than four head of livestock and irrigation of not more than 5,000 square feet of lawns and gardens; b. Strook Well No. 1 is hereby awarded a change in use for the first five (5) gpm from Strook Well No. 1 to allow for ordinary household purposes inside two (2) single- family dwellings, the watering of not more than four head of livestock and the irrigation of 5,000 square feet of lawns and gardens; c. An alternate point of diversion for the Basalt Conduit is hereby awarded in an amount not to exceed 0.022 cfs (10 gpm), 1.3 acre feet per year, at the two locations referenced above, known respectively as the Broadhurst Well and the Strook Well No. 1; and d. The plan for augmentation described herein is approved, subject to the following conditions: (i) Well permits issued pursuant to C.R.S. § 37-90-137(2) and this plan for augmentation must be obtained prior to the construction and/or operation of the subject wells pursuant to this plan. (ii) The Applicants shall install a flow restricting device on the Strook Well No. 1 which restricts the flow of water available for use by the Applicants from said well to no more than five (5) gpm, and the Applicants shall install measuring devices, provide accounting, and supply calculations regarding the timing of depletions as required by the Division Engineer for the operation of this plan. The Applicant shall also file an annual report with the Division Engineer by November 15`h of each year summarizing diversions and replacements made under this plan. (iii) To the extent that exercise of the rights sought herein depend upon augmentation water under the Water Allotment Contract No. 338 executed between Applicants and the Basalt Water Conservancy District, such rights shall not be exercised should the augmentation water or an acceptable alternate source not be available for Applicants' use. Applicants shall maintain a contract for an augmentation amount sufficient to replace out -of -priority depletions. (iv) In consideration of the specific findings and rulings made herein, and in conformance with C.R.S. § 37-92-304(6), as amended, the change of water rights and Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 9 of 12 plan for augmentation decreed herein shall be subject to reconsideration by the Water Judge on the question of injury to the vested water rights of others for a period of five (5) years after the augmentation plan is first operated. If no petition for reconsideration is filed within said five years, retention of jurisdiction for this purpose shall automatically expire. Any party who desires the Court to reconsider the question of injury must file a verified petition with the Court, setting forth the facts that cause such injury and explaining the claimed injury. The party filing the petition shall have the burden of proof to establish the facts and the injury alleged in the petition. (v) In conformance with C.R.S. § 37-92-305(8), the State Engineer shall curtail all out -of -priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. Further, the Applicants and their assigns understand that the Green Mountain Reservoir replacement water is a lease supply, and if such lease should expire, fail to be renewed, is terminated, or an alternative source of replacement water is not included in this Judgment and Decree by proper amendment prior to such expiration, curtailment of all out -of -priority diversions will occur. 18 Shauld_the Applicants desire to maintain the conditional water ri ht awarded herein, an Application for Finding of Reasonable Diligence shall be filed in the month and year set forth below, unless a determination has been made prior to that date that such conditional rights have been made absolute by reason of the completion of the appropriation or otherwise. 19. Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon the sale or other transfer of the conditional rights decreed herein, the transferee shall file with the Division 5 Water Court a notice of transfer which shall state: a. The title and case number of this Case No. 00CW234; b. The description of the conditional water right transferred; c. The name of the transferor; d. The name and mailing address of the transferee; and e. A copy of the recorded deed. Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 10 of 12 20. The owner of the said conditional water right shall also notify the Clerk of the Division 5 Water Court of any change in mailing address. The Clerk shall place any notice of transfer or change of address in the case file of this Case No. 00CW234 and in the case file (if any) in which the Court first made a finding of reasonable diligence. 21. It is accordingly ordered that this Findings of Fact and Ruling of Referee, Judgment and Decree shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to C.R.S. § 37-92-304, as amended. 22. It is further ordered that a copy of this Findings of Fact and Ruling of Referee, Judgment and Decree shall be filed with the State Engineer and the Division Engineer for Water Division No. 5. Done at the City of Glenwood Springs, Colorado, this %,b4, day of 2001. 6opy of the tot ijoit ylied to ail - Counsel of record•kter Referee,--Dlv. Engineer and State Engineer e„ 6)-10,01 /UAL, Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ami Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 11 of 12 BY REFEREE: 2ea.•naev iI Hon. ianiel Petre, Water Referee Water Court for Water Division No. 5 State of Colorado III. JUDGMENT AND DECREE No Protest was filed in this matter. The foregoing Findings of Fact and Ruling of the Referee is confirmed and approved, and is made the Judgment and Decree of this Court; subject, however, to reconsideration on the issue of injury to vested water rights for a period of five (5) years after the augmentation plan is first operated, which the Court finds reasonable given the adequacy of the augmentation plan decreed by the Court herein. The month and year for filing an Application for Finding of Reasonable Diligence shall be Done at the City of Glenwood Springs, Colorado, this day of 2001. Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 12 of 12 BY THE COURT: Thomas W. Ossola, Water Judge 0~ mOZOO DC C 3 (_ 3u2ist 0 • y 0 0 00 0 0 0 0 0 0 0 0 ['�AAAMMM�� O O s2 0 p O p O O O p O O O O NA W COJN c cc m m m c IIIII MO °000In mC R1M CO 0 l mg 2 N ti s. mm zz oz mmze 0 K O y-1 .Z/ 0 --1 V IIIIHX0 Robert M. Noone Karl J. Hanlon ROBERT M. NOONE, P.C. ATHE TAMARACK BUILDING, , 10011 GRAND YS AT AVENUE, SUITE 207 P.O. DRAWER 39, GLENWOOD SPRINGS, COLORADO 81602 RECEIVED SEP 2000 Telephone: 970-945-4500 Of C Telefax: 970-945-5570 James H. Delman E -Mail: rmn@noonelaw.com September 13, 2000 VIA HAND DELIVERY Mr. Mark Bean Garfield County Building & Planning Dept. 109 8th Street Glenwood Springs, CO 81601 Re: Broadhurst - Special Use Permit/Accessory Dwelling Unit Dear Mark: This is to confirm that my clients, Rick and Florence Ann Broadhurst have a water service contract with the Basalt Water Conservancy District in the amount of 1.3 acre feet annually in order to augment the diversion requirements for two single-family homes and 7,500 square feet of irrigation on their property located on 107 Road north of the intersection of Highways 82 and 133 north of Carbondale. On May 3, 1999, the Board of County Commissioners approved the Broadhursts' Special Use Permit for an accessory dwelling unit on their property subject to the condition, inter alia, that they provide an approved augmentation plan for the uses associated with the two residential units. We are filing a water rights application to obtain the required approval for the augmentation plan and the Broadhursts agree that the issuance of a building permit for the new unit is conditioned upon their understanding that no certificate of occupancy will be issued for the new residence until either an augmentation decree is issued by the water court or the existing dwelling is either removed from the property or otherwise rendered uninhabitable for residential purposes. With this understanding, I trust that the building permit application now pending will be granted. Thanks very much for your cooperation. Very truly yours, ROBERT M. NOONE, P.C. By: RMN/jrs cc: Rick and Florence Ann Broadhurst Robert M. Noone `qFCFIVED JAN 1 5 2002 Robert M. Noone Gregory J. Hall Of Counsel James H. Delman ROBERT M. NOONE, P.C. ATTORNEYS AT LAW THE TAMARACK BUILDING, 1001 GRAND AVENUE, SUITE 207 P.O. DRAWER 39, GLENWOOD SPRINGS, COLORADO 81602 January 14, 2002 Mark Bean Garfield County Building & Planning Dept. 109 Eighth Street Glenwood Springs, CO 81601 Telephone: 970-945-4500 Facsimile: 970-945-5570 E -Mail: min a noonelaw.com Re: Broadhurst Special Use Permit / Entry of Final Augmentation Decree Dear Mark: Enclosed is a copy of the final decree entered by the water court on January 2 confirming the legal water supply for the two residences located on the Broadhurst property at 107 Road, north of the intersection of Highways 82 and 133 near Carbondale. With this decree, I trust that all conditions for the special use permit have been met by the Broadhursts if the County should need any further information. Very truly yours, ROBERT M. NOONE, P.C. By: RMN/jp Enclosure cc: Rick and Ann Broadhurst Robert M. Noone `i4CEIVEf JAN 1 LT 2002 ©©PY DISTRICT COURT, WATER DIVISION 5, COLORADO, Court Address: 109 86 Street, Suite I04 Glenwood Springs, CO 8160I CONCERNING THE WATER APPLICATION OF: Rick and Ann Broadhurst, In Garfield County, Colorado. A Court Use Only Attorney for [Plaintiff or Defendant] Robert M. Noone, #12452 ROBERT M. NOONE, P.C. Attorneys at Law I00I Grand Avenue, Suite 207 P.O. Drawer 39 Glenwood Springs, CO 81602 Phone: (970) 945-4500 Fax: (970) 945-5570 E-mail: mnn@noonelaw.com Case No.: 00 CW 234 FINDINGS OF FACT AND RULING OF THE REFEREE, JUDGMENT AND DECREE OF THE WATER COURT This claim has come before the Water Referee on the Application for Underground Water Right, for Change of Water Right and for Approval of Plan for Augmentation of Rick and Ann Broadhurst. The Water Judge referred the Application to the undersigned as Water Referee for Water Division No. 5, State of Colorado, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as the Water Rights Determination and Administration Act of 1969. The undersigned Referee has made such investigations as are necessary to determine whether or not the statements in the Application are true, has become fully advised with respect to the subject matter of the Application and its attachments and has consulted with the Division Engineer for Water Division No. 5. The Referee hereby makes the following determination and ruling as the Referee in this matter. I. FINDINGS OF FACT 1. Applicants filed their Application on November 30, 2000. 2. The statements in the Application are true. 3. The Application was properly published in the resume for Water Division No. 5 as required by law, and the Court has jurisdiction over the subject matter of this proceeding and over all persons or water rights affected thereby, whether they have appeared or not. See C.R.S. §37- 92-302. 4. None of the water rights or sources thereof involved in this Application are located within a designated ground water basin. 5. A Statement of Opposition to the Application was filed by Richard B. and Jane R. Veit (hereinafter "Objectors"). The time for filing such statements has expired. Objectors' concerns have been addressed and resolved by execution of a Stipulation with the Applicants on October 8, 2001. 6. CLAIM FOR UNDERGROUND WATER RIGHT Name of Structure which a Conditional Groundwater Right is Claimed: Broadhurst Well a. Source: Groundwater tributary to the Roaring Fork River b. Location: The proposed location for the Broadhurst Well is in the NE'/ SW' /4, Section 22, T. 7 S., R. 88 W., 6'h P.M. at a point 2100 feet North of the South line and 1620 feet East of the West line of said Section 22. c. Date of Appropriation: November 16, 1998 d. How appropriation was Initiated: Field Inspection and formation of intent to apply water to beneficial use e. Amount: 0.022 cfs (10 gpm, 1.3 acre feet per year), conditional' 'The cumulative total of Applicants' diversions at the Broadhurst Well and the Strook Well No.1, described below. Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 2 of 12 f. Use: Ordinary household purposes inside two (2) single family dwellings, the watering of four head of livestock and the irrigation of not more than 5,000 square feet of lawns and gardens. g. Descriptiori of Irrigated Acreage: Up to 5000 square feet located on a 10.07 acre parcel owned by Applicants in the SW 1/4 of Section 22, Township 7 South, Range 88 West, 6'h P.M. h. Name and Address of Owner of Land on which point of diversion and place of use are located: Applicants 7. CLAIM FOR CHANGE OF WATER RIGHT (STROOK WELL NO. 1) Decreed Name of Structure for Which Change is Sought: Strook Well No. 1 a. Information from Previous Decree: Date Entered: March 22, 1972 ii. Case No. W-346 iii. Court: Garfield County District Court iv. Decreed Point of Diversion: The well is located at a point whence the Southwest Corner of Section 22, T.7 S., R. 88 W., of the 6`h P.M. bears S. 30° 57' 28" a distance of 2030.21 feet. v. Depth: 350 feet vi. Source: Groundwater tributary to the Roaring Fork River vii. Amount: 0.022 cfs (10) gpm viii. Decreed Use: Domestic, stock watering and the irrigation of 10 acres of land ix. Permit No. 37353 (Expired) x. Appropriation date: April 9, 1969. Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 3 of 12 b. Names and addresses of owners of lands upon which point ofdiversion and place of use are located: Owner of land upon which point of diversion is located: Richard B. and Jane R. Veit, 1430 County Rd. 107, Carbondale, CO 81623 Owner of land upon which the place of use of Applicants' interest in the well is located: The Applicants c. Remarks: The Applicants are the owners and users of the first five (5) gpm produced by the Strook Well No. 1, which has historically been used to serve ordinary household purposes inside one (1) single family dwelling and the irrigation of not more than one 1,250 square feet of lawns and gardens. d. Description of Proposed Changes of Water Right: The Applicants request a change in use for the first five (5) gpm from Strook Well No. 1 to allow for ordinary household purposes inside two (2) single family dwellings, the watering of four head of livestock and the irrigation of not more than 5,000 square feet of Lawns and gardens. 8. CLAIM FOR CHANGE OF WATER RIGHT (BASALT CONDUIT) Name of Structure for Which Change is Sought: Basalt Conduit a. Information from Previous Decree i. Date Entered: June 20, 1958 ii. Case No.: W-4613 iii. Court: Garfield County District Court iv. Decreed Point of Diversion: The decreed headgate and point of diversion for the Basalt Conduit is located on the left side of the Frying Pan River in the NE 1/4 of the NW % of unsurveyed Section 18, T. 8 S., R. 84 W. of the 6th P.M. at the head of the outlet tube for Ruedi Reservoir whence the SW corner of Section 7 of T. 8 S., R. 84 W. of the 6'h P.M. bears N. 79° 00' W., a distance of 2,017.1 feet. Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 4 of 12 v. Source: The Frying Pan River, tributary to the Roaring Fork River, tributary to the Colorado River. vi. Appropriation Date: July 29, 1957 vii. Amount: 450 cfs viii. Use: Generation of electricity, irrigation, domestic, municipal, stock watering, piscatorial and industrial. b. The Basalt Water Conservancy District ("BWCD") owns the Basalt Conduit water right. Applicants have a water supply contract with BWCD. c. Description of Proposed change of Water Right: Applicants seek an alternate point of diversion for the Basalt Conduit in an amount not to exceed 0.022 cfs (10 gpm), 1.3 acre feet per year, which is the cumulative total of Applicants' diversions at the Broadhurst Well and the Strook Well No. 1. The Applicants request that each of these structures be made an alternate point of diversion for the Basalt Conduit water right for the amounts indicated. 9. CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION 10. Structures to be Augmented: The Broadhurst Well and the Strook Well No. 1. Information from Previous Decrees for Water Rights to be used for Augmentation: a. Green Mountain Reservoir: (1) Source: Blue River, tributary to Colorado River (2) Legal description: located approximately 16 miles southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, 33 and 34, Township 2 South, Range 79 West of the 6th P.M. (3) Adjudication Date: October 12, 1955 (4) Appropriation Date: August 1, 1935 Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 5 of 12 (5) Case No.: 2782, 5016, and 5017 (6) Court: United States District Court, District of Colorado (7) Decreed Amount: 154,645 acre feet (8) Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document No. 80, 75th Congress, FE Session, dated June 15, 1937. b. Troy and Edith Ditch STRUCTURE PRIORITY COURT CASE NO. ADJ DATE APP DATE DECREED AMOUNT (CFS) USE (4) AMOUNT SOLD, TRANSFERRED OR RESERVED AMOUNT REMAINING 1101 (5) (6) (7) (8) (9) CFS AF Troy Ditch 370 3082 08/25/1936 05/01/1906 5.10 1 0.000 0.000 0.095 0.064 0.035 4.906 N/A Troy Ditch 1st Enlg 427 3082 08/25/1936 05/01/1928 10.80 I 0.000 0.000 0.200 0.134 0.073 10.393 N/A Troy Ditch 2nd Enlg 669 4613 06/20/1958 06/01/1942 6.20 I 0.000 0.000 0.115 0.077 0.042 5.966 N/A Edith Ditch 353 3082 08/25/1936 05/01/1904 2.72 1 0.110 0.1320 0.050 0.000 0.018 2.410 N/A Edith Ditch 1st Enlg 673 4613 06/20/1958 07/01/1946 3.23 I 0.000 0.000 0.060 0.000 0.022 3.148 N/A Troy Ditch Water System aka Lower Headgate (2) W- 2281 15.50131 LD, M C,P 0.110 0.1320 0.520 0.275 0.190 14.273 412.89 (8) (9) (10) Origin Ily diverted from Miller Creek. All othe s originally di erted from Frying Plan River. Altem to point for all priorities of Troy and Edith Ditches. Combined amount limited to 15.5 cfs and 453 AF of consumpti e use, 300 AF of which can be stored. I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. Transferred to Edith Ditch Well in Case No. 80CW I with 1.0 AF. Transferred to three springs on Cap K Ranch in Case No. 82CW 189 (1.29 AF assumed to be included). Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South Shores augmentation plan. Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. A total of 40.11 AF of the original 453.00 AF has been sold or transferred. Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 6 of 12 In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive -use credits were available to these ditches, and that 300 acre feet could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre feet of the 453 acre feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by by-passing water at the headgate on the Frying Pan River. 11. Statement of Plan for Augmentation, Covering all Applicable Matters under C.R.S. §§ 37- 92-103(9), -302(1), (2), and -305(8). The Applicants request a decree adjudicating the changes described above and approving a water rights plan for augmentation that, when implemented, will provide a legal water supply for in-house uses associated with two (2) single family residences, the watering of not more than four head of livestock, and the irrigation of no more than 5,000 square feet oflawn and garden and fully augment the out -of - priority depletions associated with the claimed uses. The physical source of water supply is from the Broadhurst Well and the Strook Well No. 1. Upon completion of this augmentation plan, new well permits will be obtained for the uses and amounts consistent with the augmentation plan. The Applicants request approval to use any or all of the wells to supply the proposed uses. The water requirements and potential stream depletions associated with diversions from the Broadhurst Well and the Strook Well No. 1 are as shown on Exhibit A attached hereto and incorporated herein by this reference. The diversions are expected to be out of priority and subject to an administrative call during April and from mid-June through mid-October, even during future dry years (one in fifty-year occurrence). No calls are expected during the remainder of the year. Total water demand (diversions) is calculated to be 1.110 acre feet (AF) and total depletions requiring augmentation are calculated to be 0.407 AF. The difference between diversions and depletions (1.110 - 0.407 AF = 0.703 AF) represents water that is diverted and then returns to the stream. Water will return to the stream from the individual sewage disposal systems (ISDS) leach field and from groundwater and surface water returns from lawn and garden irrigation. Transit losses between the augmentation source outlet and the point of depletion are estimated to be five percent (5%) of the potential annual augmentation requirement. Depletions from the Broadhurst Well and the Strook Well No. 1 will be in priority during portions of the year. The Applicants will provide augmentation water from Green Mountain Reservoir, the Troy Ditch and/or the Edith Ditch to cover any out -of -priority depletions due to the diversions from the Broadhurst Well and the Strook Well No. 1, plus any transit loss, to adequately protect the vested water rights of others. Augmentation releases will be made Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 7 of 12 pursuant to Water Allotment Contract No. 338, dated March 8, 1999, between the Applicants and the Basalt Water Conservancy District as directed by the Division Engineer. Under Water Allotment Contract No. 338, the Applicants have secured up to 0.022 cfs (1.3 acre feet per year) for augmentation, which is sufficient to allow uninterrupted diversions and prevent injury to other vested and decreed conditional water rights. Applicants' depletions will be delayed from the time of actual pumping, and return flows from the leach field and irrigation will also be delayed. The actual delayed depletions impacts are calculated using known and assumed parameters for the existing and proposed wells which are formation wells greater than 3,000 feet from a live stream. Based upon the delayed depletion factors developed for Category E Wells augmented by Basalt Water Conservancy District water allotment contracts, the monthly delayed depletions are described more fully in Exhibit B, attached hereto and incorporated herein by this reference. II. RULING OF THE REFEREE The foregoing Findings of Fact are fully incorporated herein. 12. Timely and adequate notice of the Application was properly given as required by law, and the Court has jurisdiction over the subject matter of this proceeding and over all persons and water rights affected thereby, whether they have appeared or not. See C.R.S. §37-92-302. 13. The Application is complete, covering all applicable matters required pursuant to the Water Rights Determination and Administration Act of 1969, C.R.S. §§ 37-92-302-602 and the Applicants have fulfilled all legal requirements for issuance of the requested decree for water rights and plan for augmentation, including the requirements of C.R.S. §§ 37-92-103(9), 37- 92-302(1) and (2),and 37-92-305(8). 14. The Applicants have established that water can and will be diverted under the subject conditional water rights and will be beneficially used, and that this water supply project can and will be completed with diligence and within a reasonable time. 15. The water rights described and decreed herein will not result in any injury to the owner of, or persons entitled to use water under a vested water right or a decreed conditional water right, if operated in accordance with this Judgment and Decree. 16. The Referee has given due consideration to the Report of the Division Engineer/Summary of Consultation filed herein. Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 8 of 12 17. The Referee hereby grants the Application as follows: a. The Broadhurst Well is hereby awarded 0.022 cfs (10 gpm, 1.3 AF annually), conditional, with an appropriation date of November 16, 1998 for ordinary household purposes inside two single-family dwellings, the watering of not more than four head of livestock and irrigation of not more than 5,000 square feet of lawns and gardens; b. Strook Well No. 1 is hereby awarded a change in use for the first five (5) gpm from Strook Well No. 1 to allow for ordinary household purposes inside two (2) single- family dwellings, the watering of not more than four head of livestock and the irrigation of 5,000 square feet of lawns and gardens; c. An alternate point of diversion for the Basalt Conduit is hereby awarded in an amount not to exceed 0.022 cfs (10 gpm), 1.3 acre feet per year, at the two locations referenced above, known respectively as the Broadhurst Well and the Strook Well No. 1; and d. The plan for augmentation described herein is approved, subject to the following conditions: (i) Well permits issued pursuant to C.R.S. § 37-90-137(2) and this plan for augmentation must be obtained prior to the construction and/or operation of the subject wells pursuant to this plan. (ii) The Applicants shall install a flow restricting device on the Strook Well No. 1 which restricts the flow of water available for use by the Applicants from said well to no more than five (5) gpm, and the Applicants shall install measuring devices, provide accounting, and supply calculations regarding the timing of depletions as required by the Division Engineer for the operation of this plan. The Applicant shall also file an annual report with the Division Engineer by November 15`h of each year summarizing diversions and replacements made under this plan. (iii) To the extent that exercise of the rights sought herein depend upon augmentation water under the Water Allotment Contract No. 338 executed between Applicants and the Basalt Water Conservancy District, such rights shall not be exercised should the augmentation water or an acceptable alternate source not be available for Applicants' use. Applicants shall maintain a contract for an augmentation amount sufficient to replace out -of -priority depletions. (iv) In consideration of the specific findings and rulings made herein, and in conformance with C.R.S. § 37-92-304(6), as amended, the change of water rights and Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 9 of 12 plan for augmentation decreed herein shall be subject to reconsideration by the Water Judge on the question of injury to the vested water rights of others for a period of five (5) years after the augmentation plan is first operated. If no petition for reconsideration is filed within said five years, retention of jurisdiction for this purpose shall automatically expire. Any party who desires the Court to reconsider the question of injury must file a verified petition with the Court, setting forth the facts that cause such injury and explaining the claimed injury. The party filing the petition shall have the burden of proof to establish the facts and the injury alleged in the petition. (v) In conformance with C.R.S. § 37-92-305(8), the State Engineer shall curtail all out -of -priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. Further, the Applicants and their assigns understand that the Green Mountain Reservoir replacement water is a lease supply, and if such lease should expire, fail to be renewed, is terminated, or an alternative source of replacement water is not included in this Judgment and Decree by proper amendment prior to such expiration, curtailment of all out -of -priority diversions will occur. 18. Should the Applicants desire to maintain the conditional water right awarded herein, an Application for Finding of Reasonable Diligence shall be filed in the month and year set forth below, unless a determination has been made prior to that date that such conditional rights have been made absolute by reason of the completion of the appropriation or otherwise. 19. Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon the sale or other transfer of the conditional rights decreed herein, the transferee shall file with the Division 5 Water Court a notice of transfer which shall state: a. The title and case number of this Case No. 00CW234; b. The description of the conditional water right transferred; c. The name of the transferor; d. The name and mailing address of the transferee; and e. A copy of the recorded deed. Water Court, .Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 10 of 12 20. The owner of the said conditional water right shall also notify the Clerk of the Division 5 Water Court of any change in mailing address. The Clerk shall place any notice of transfer or change of address in the case file of this Case No. 00CW234 and in the case file (if any) in which the Court first made a finding of reasonable diligence. 21. It is accordingly ordered that this Findings of Fact and Ruling of Referee, Judgment and Decree shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to C.R.S. § 37-92-304, as amended. 22. It is further ordered that a copy of this Findings of Fact and Ruling of Referee, Judgment and Decree shall be filed with the State Engineer and the Division Engineer for Water Division No. 5. Done at the City of Glenwood Springs, Colorado, this %,&k day of �� L 2001. ,oyy of tea totagoia6 Iled iso oii Counsel of record- ater Referee, --Div. Engineer and State Engineertie 61- /0 '0 Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 11 of 12 BY REFEREE: Hon. i aniel Petre, ater Referee Water Court for Water Division No. 5 State of Colorado A III. JUDGMENT AND DECREE No Protest was filed in this matter. The foregoing Findings of Fact and Ruling of the Referee is confirmed and approved, and is made the Judgment and Decree of this Court; subject, however, to reconsideration on the issue of injury to vested water rights for a period of five (5) years after the augmentation plan is first operated, which the Court finds reasonable given the adequacy of the augmentation plan decreed by the Court herein. The month and year for filing an Application for Finding of Reasonable Diligence shall be 200 Done at the City of Glenwood Springs, Colorado, this day of , Copy of the foregolnimailed to all Counsel of record- iattp>,- Refereer--DIV. Engineer--andO State Engineer uD ie - --O Water Court, Division 5, Case No. 00CW234 Applicants: Rick and Ann Broadhurst Findings of Fact and Ruling of the Referee, Judgment and Decree of the Water Court Page 12 of 12 BY THE COURT: • z Thomas W. Ossola, Water Judge 1(6) (12) Total Includes 5% Transit Loss 12-16.k-, 16.k-, -' 3363` �m 0 Po §g S O 0 0 3 . m 0 QO m z 0 m y 9 0 O m_ a 1 zrE 0 C 0 3 1 Fir 01 a a 3. 0 V rn SO p0 0 0 0 0 0 0 0 0 0 0 0 0 HUMUM 000'0000 Qo 0000 000000000000 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 g G O 0 0 0 0 § §..§g§g -116 0 00o00000000�0o �CuoWNof Wa�r CO O C O O O o 0 0 0 0 0 0 000o0s000G oo000000000 00000000RRo 000 NO O O O O o 0 0 0 0 0 0 0 @§E§gYEgiggg 50 Q0Q yy0P� Q0Q 5P5� 55p� 5Q9 5o5� 550� QQ0 R05� 550�� i525252St5b2525t52SSa O O O O o 0 0 0 0 0 0 0 O 000 .00000000 O O Q A.S 0 0 0 0 'f11AL(i AW to W 01 a r m �90 r -$ D0 c c cm IIT1mRm1Ir11cCC C m m m o 0 0 0 0 m m m m 0 Ami 00. 3 0 a. 3 0 3 1 a O A 0 Zf' 0 0 0 0 N m D 0 c c 0 -I D co >a mA C7 OZ rut z-1 o oc 1 V II EIHXa EXHIBIT B BROADHURST AUGMENTATION PLAN CASE NO. 00CW234 DELAYED DEPLETION TABLE *TOTAL ANNUAL DEPLETIONS = .407 AF MONTH DEPLETION FACTOR' DELAYED DEPLETIONS*** JAN 0.083 0.034 FEB 0.084 0.034 MAR 0.084 0.034 APR 0.084 0.034 MAY 0.084 0.034 JUN 0.084 0.034 JUL 0.083 0.034 AUG 0.083 0.034 SEP 0.083 0.034 OCT 0.083 0.034 NOV 0.082 0.033 DEC 0.083 0.034 ANNUAL 1.000 0.407 FROM WATER REQUIREMENTS TABLE " FACTORS FOR CATEGORY E WELLS (BWCD AUG PLANS) 'inTOTAL ANNUAL DEPLETIONS TIMES MONTLY DEPLETION FACTOR G A M B A & ASSOCIATES CONSULTING ENGINEERS & LAND SURVEYORS www.GAMBAENG,NEEw,NG.COM PHONE: 970/945-2550 FAx: 970/945-1410 • 113 NINTH STREET, SUITE 214 P.O. Box 1458 GLENWOOD SPRINGS, COLORADO 81602-1458 Mr. Mark Bean Garfield County Building & Planning Department 109 8t Street Glenwood Springs, CO 81601 Re: Broadhurst ISDS, 1418 CR 107 Dear Mark: November 26, 2001 All proposed ISDS improvements have been constructed in substantial conformance to the plans and specifications approved and filed with Garfield County. Please see attached ISDS RECORD DRAWING. If you have any questions, please call. Sincerely, Gamba & Associates, Inc. q- -81 �jo 29323 9 o ct \71;\ fe0/04/ Robert W. Pennington,' `'ONM,CO3k,'4 Cc: Rick Broadhurst Phil Griffith Construction G:\00181-Broadhurst\Cert_ISDS.doc Page 1 of 1 FILED IN OFFICE OF WATER REFEREE INci.Ccn R'n. 5 JUN 91972 arm OF co ortAUO .ER II CIIee IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. STATE OF COLORADO Application No. W-346 IN THE MATTER OF THE APPLICATION FOR WATER RIGIITS OF DANIEL W. STROOK IN THE ROARING FORT( RIVER IN GARFIELD COUNTY ) ) 5 FILED IN WATER COURT Division No. 5 JUN 091972 5,TATE OF CpLOQRADO. .d AMENDED RULING 'OF REFEREE WATER CLEFM a. rr. The above entitled matter having been referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 1st day of July, 1971, in accordance with Article 21 of Chapter 148, Colorado Revised Statutes 1963, as amended (Chapter 373 S.L. Colo. 1969), known as The Water Rights Determination and Administration Act of 1969, and again by Order of the Water Judge on the 18th day of May, 1972. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application and statements of opposition are true and having become fully advised with respect to the subject matter of the application and statements of opposition does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1 The statements in the application are true. The name of the structure is Strook Well No. 1. 3. The name of claimant and address is: Daniel W. Strook, Carbondale, Colorado. 4. The source of water is a well having a depth of 350 feet. 5. The legal description of the location of the well is: The well is located at a point whence the Southwest Corner of Section 22, T. 7S., R. 88W. of the 6th P.M. bears 5. 30057'28" W. a distance of 2030.21 feet. 3-13 2.03o.sr /'?>-=17V/F/ Soa 6. The proposed use of the water is domestic, irrigation, stock oy v ¢✓ �`J + watering and other beneficial uses. 7. The date of initiation of appropriation is April 9, 1969. 8. The amount of water claimed in cubic feet per second of time is 0.022 cubic foot per second of time. 9. Permit No. 37353 was issued by the Office of the State Engineer on April 9, 1969. 10. The water is used to irrigate 10 acres of land in said Section 22. 11. Applicant has withdrawn his claim to replacement water from Green Mountain Reservoir. EXHIBIT A The Referee does therefore conclude that the above entitled application should be granted and that 0.022 cubic foot of water per second of time hereby is awarded to the Strook Well No. 1 for domestic, irrigation, stock watering and other beneficial uses with appropriation date of the 9th day of April, 1969, absolutely and unconditionally) subject, however, to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law as may be determined in pending supplemental general adjudication proceedings. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to Section 148-21-20 C.R.S. 1963 as amended (1971). It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer./Ll Done at the City of Glenwood Springs, Colorado, this i% day of e�/A!C.1 , 1972. Po proteet vas filed in this matter Tho foregoing ruling is confirmed and approved, and 1s made the Judgment and Decree of this court. Datadi � Yyf /47Y Water Judge DY THE REFEREE: Referee ter Division No. 5 State of Colorado Book 5 Page 493 Recorded at 11Y5H. June 12, 1973 Reception No. 258713 Ella Stephena,Recorder. H;HO60MMO EEE WARRANTY DEED THIS DEED, made this 16th day of May , 1973, between DANIEL W. STROOCK ;rag County of Garfield and State of Colorado, of the first part, and LESLIE R. ROBERTS and JANIS L. ROBERTS, of Garfield County, Colorado, of the second part: WITNESSETH, that the said party of the first part, for and in of the sum of Ten Dollars and other valuable considerations, to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bar- gained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lots or parcels of land situate, lying and being in the County of Garfield and State of Colorado, to -wit: A tract of land situated in the SWa, Section 22, T. 7 S., R. 88 W. of the 6th Principal Meridian, being more particularly described as follows: Beginning at a point on the Northerly line of said SW< whence the West ; corner of said Section 22 bears N. 88°45'30" W. 1135.98 feet; thence S. 04°52'21" W. 630.23 feet; thence S. 87°43'40" E. 690.00 feet; thence N. 04°52'21" E. 642.67 feet to a point on the Northerly line of said SW,; thence N. 88°45'30" W. 690.68 feet along the Northerly line of said SWo to the point of beginning, containing 10.07 acres, more or less. Together with the first 5 gallons of water per minute of time produced from a domestic water well situate on property retained by Grantor and contiguous to the above described parcel of land, together with an easement and right-of-way for carriage of such water through a 3/4 inch pipe. The above described property, hereinafter referred to as Tract, is conveyed subject to the following covenants and restrictions, to -wit: 1. The Tract shall be used for residential purposes only and there shall not be erected thereon more than one detached single family dwelling and guest house, together with a garage for not more than two vehicles. 2. No portion of the Tract shall be conveyed which will xAdnre.any part to less than 10. acres in size. 3. No structure shall be erected on the Tract nearer than 100 feet to any boundary, except boundaries on public domain. 4. No trees, bushes, brush, grass, or other ground cover and natural foliage andvegetation in existence on the Tract on date hereof shall be unwontonly cut, removed, or otherwise 500890 B-999 P-244 11/0b. 1996 04:13P PG 1 OF 2 AEC DOC NOT MILDRED ALSI)DRF GARFIELD COUNTY CLERK AND RECORDER 11.00 QUIT CLAIM DEED THIS DEED , Made this day of November 08, 1996 between LISA KRUIDEb7IER of the County of GARFIELD and State of Colorado of the first part and RICK EROADHURST dt7Ci FLORENCE ANN BROADHURST> as Joint Tenant RECORDER'S STAMP rd fz whose legal address is 1418 COUNTY ROAD 107, CARBONDALE, CO 81623 of the County of GARFIELD and State of Colorado, of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the sun of $10.00 TEN DOLLARS to the said part(ies) of the first part in hand paid by the said part(ies) of the second part, the receipt whereof is here- by confessed and acknowledged, has remised, released, sold conveyed and QUIT CLAIMED, and by these presents do(es) remise, release, sell, convey and QUIT CLAIM unto the said part(ies) of the second part, (their) heirs, successors and assigns, forever, all the right, title, interest, claim and demand which is said part(ies) of the first part ha(s) in and to the following described lot or parcel of land situate, lying and being in the County of GARFIELD and State of Colorado, to wit: SEE EXHIBIT "A" ATTACHED HERREIO AND MADE A PART HEREOF: AITACRED also known as street and number 1418 COUNTY ROAD 107, CARB NDALE, CO 81623 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part(ies) of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part(ies) of the second part, (their) heirs and assigns forever. IN WITNESS WHEREOF, The said part(ies) of the first part ha(s) hereunto set their hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLOR (� County of 'U" 1'0' The foregoing instrument was acknowledged before me this day of November 08, 1996 ,by LISA KRUIDENIER My commission expires -1-1/6.10°'D ,19 .Witness my hand and official seal. LAND TITLE GUARANTEE COMPANY 3033 EAST FIRST AVE. #600 DENVER, COLORADO 80206 (SEAL) 'St (SEAL) [i (SEAL) JANICE L. JOHNS NOTARY PUBLIC COMPUTER QUIT CLAIM DEEMY Commission Expir����r•.. e$ 4/15/2000 Escrow # ($^7221380 Title# 0W22138 . 500890 B-999 P-245 1 8/1996 04:13P PG 2 OF 2 EXHIBIT A A TRACT OF LAND SITUATED IN SW1/4, SECTION 22, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE ETH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SW1/4 WHENCE THE WEST 1/4 CORNER OF SAID SECTION 22 BEARS N. 88 DEGREES 45' 30" W. 1135.98 FEET; THENCE S. 04 DEGREES 52' 21" W. 630.23 FEET; THENCE S. 87 DEGREES 43' 40" E. 690.00 FEET; THENCE N. 04 DEGREES 52' 21" E. 642.67 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SW1/4; THENCE N. 88 DEGREES 45' 30" W. 690.68 FEET ALONG THE NORTHERLY LINE OF SAID SW1/4 TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO =__ TOGETHER WITH THE FIRST 5 gallons of water per minute of time produced from a domestic water well situate on property retained by Grantor in Deed recorded in Book 445 at Page 493 and contiguous to the above described parcel of land, together with an easement and right of way for carriage of such water through a 3/4 inch pipe. 24> 500889 B-999 P-243 11/0b,1996 04:13P PG 1 OF 1 EEC J0C NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 6.00 20.00 THIS DEED, Made this day of November 08, 1996 between LISA KRUIDENIER of the County of GARFIELD and State of Colorado, of the first part and RICK BROADHURST and FLORENCE ANN BROADHURST, as Joint Tenants FILING STAMP i4i7i1(t!'T!/i2/dbt// P.0. fax 185 whose legal address OD is'-CARBALE,' CO 81623 _ - - - -' of the County of GARFIELD and State of Colorado, of the second part. WITNESSETH, That the said party of the first part, for and in consideration of the sum of (***$200,000.00 ) TWO HUNDRED THOUSAND DOLLARS AND 00/100THS to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described lot or parcel of land, situate, tying and being in the County of GARFIELD and State of Colorado to wit: A TRACT OF LAND SITUATED IN SW1/4, SECTION 22, TOWNSHIP 7 SOME, RANGE 88 WEST OF TBE 6T14 PRINCIPAL MERIDIAN, BEING MIRE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SW1/4 WHENCE THE WEST 1/4 CORNER OF SAID SECTION 22 BEARS N. 88 DEGREES 45' 30" W. 1135.98 FEET; THENCE S. 04 DEGREES 52' 21" W. 630.23 FEET; THENCE S. 87 DEGREES 43' 40" E. 690.00 FEET; THENCE N. 04 DDSEREFS 52' 21" E. 642.67 FEET TO A POINT ON THE NORTHERLY LINE OF N. 8 E S 9 30" W8 FEET ALONG . LINE OF S 7SW1/4'10THPOT,OF BEGINNING. COUNTY OF C 'IE STATE OF COLORADO also known as street number 1418 COUNTY ROAD 107, CARBODALE, CO 81623 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining, and 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 said party of the first part, either in law or equity,of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute -and indefeasible estate of inheritance, in taw, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form es aforesaid, and that the same are free and clear from all former and other grants, bargains, sates, liens, taxes, assessments and encumbrances of whatever kind or nature soever; EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1996 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, If ANY; and the aboved bargained premises in the quiet and peaceable possession of said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first pert has hereunto set his hand and seat the day and year first soave written. STATE OF COLORADO County of GARFIELD ss. The foregoing instrument was acknowledged before me on this day of November 08, 1996 , by LISA ICEDIDENIER. (SEAL) (SEAL) My commission expires 9 l < ©/L Witness my hand and offic a s al. JANICE L. JOHNSON NOTARY PUBLIC STATE OF COLORADO Form WO WARRANTY DEED - For Photographic Record GN 221380.221380 Q4221380 (SEAL) tic), QOx 1�S ROBERT M. NOONE, P.C. ATTORNEYS AT LAW THE TAMARACK BUILDING, 1001 GRAND AVENUE, SUITE 207 P.O. DRAWER 39, GLENWOOD SPRINGS, COLORADO 81602 Robert M. Noone Karl J. Hanlon November 20, 1998 Mark Bean Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970-945-4500 Telefax: 970-945-5570 E -Mail: noonelaw@rof.net / '011' t„..4)"; -1)6-7,'.'",„'„,r-• 1,.. , , tti')j:. r Re: Application for Special Use Permit of Rick and Ann Broadhurst Dear Mark: Enclosed please find the above referenced special use permit application along with a check in the amount of $400.00. Please contact me if you have any questions regarding the enclosed. RMN/jrs Enclosure(s) Very truly yours, ROBERT M. NOONE, P.C. By: Robert M. Noone ROBERT M. NOONE, P.C. ATTORNEYS AT LAW THE TAMARACK BUILDING, 1001 GRAND AVENUE, SUITE 207 P.O. DRAWER 39, GLENWOOD SPRINGS, COLORADO 81602 Robert M. Noone Karl J. Hanlon Of Counsel James H. Delman April 30, 1999 John Barbee, Senior Planner Garfield County Building and Planning Department 109 8`h Street, Suite 303 Glenwood Springs, CO 81601 Re: Special Use Application/Broadhurst Board of County Commissioners Meeting - May 3, 1999 Dear John: Enclosed are: Telephone: 970-945-4500 Telefax: 970-945-5570 E -Mail: noonelaw@rof.net 1. Copies of Public Notice and Certificate of Mailing re the Board of County Commissioners meeting on May 3, 1999 sent to all adjacent property owners of the described property; 2. Green cards verifying receipt of the Public Notice by adjacent property owners (Stephen and Helen Low did not return a green card, but receipts are attached); 3. Proof of Publication of the Public Notice on March 26, 1999. Very truly yours, ROBERT M. NOONE, P.C. .0 RTED APR 3 0 19X By: Carla Ramsey Legal Assistant x•1 \➢ � . I'll i lla i' 1 • • 8 /n — Richard B. Veit P.O. Box 1134 Carbondale, CO 81623 (303) 963-0680 Jan 27, 1999 To Mr. John Barbee Garfield County Planning Dept. Glenwood Springs, CO 81 601 (By hand) Dear Mr. Barbee, I refer to my meeting with you in the early part of this month concerning Mr. Broadhurst's application for a special use permit for his property on County Road 107. At that time,I was concerned that information which I had passed on to the Planning Department in November 1996 might not be in your files. This information relates to the Stroock Well #1. Accordingly, I enclose a copy of this letter together with attachments. Yours Sincerely, Richard B.Veit Riche Veit P.O. Box 1134 Carbondale, CO 81623 (303) 963-0680 To Mr, Mark Bean Garfield County Planning Dept, Glenwood Springs, CO 81601 (By hand) Dear Mr. Bean, I am following up on Alex Schwaller's telephone conversation with you last week in which she raised questions concerning the Stroock Well #1, This well is located on my wife's right at the Western edge of Road 107 and about 300' from the North end of that dead end road. Property She indicated to you that the well is owned jointly by me and Joe Scofield in the proportions as follows. He owns the first 5 GpM and I own the rest. Joe Scofield has recently, or is about to, sell this lot to a new owner. This lot (10A) is contiguous on the West to my wife's land and to Dwayne Stewart's. We understand that the new owner intends to build a second dwelling on his 10 -acre lot and to use this jointly -owned well as his water supply. You will no doubt be asked to approve drawings for this new dwelling. My interest in writing this letter is to protect my rights to the well and to provide documentation to back up my claim of ownership. Accordingly documents am enclosing copies of the pertinent sections of governing the question. Also enclosed is a letter from the State Engineer written at the time when a 10 -acre lot was created by the "Veit Exemption", It outlines schemes by which the well could be divided among 3 lots. However as the owner of that new lot drilled his own well, none of these options was exercised. In addition, it may be physically impossible to split this well 3 -ways. This well was originally drilled for livestock watering and irrigation and is non-exempt. We have used this water for this purpose and intend to do this again. Thank you for your attention in this matter, Sincerely, .2,1:0(../4/*// v✓b Richard B.Veit 11/20/96 k“ Ttill. w 0 • a1 yu M 4 4) 0 Y U.0 -.0 >.H 11 4 40 .0 0'00 lO d 4 73 CO02Cc °1 +. 4 0 0 4 C +.4 •0.0C 01100.1 �. 4).C1044) 0.007 ID 0 •.1 . 4 0.0 G 0 U d W Y c> 0 4 •.4'0 '0 Y C 0 ro 1110 ID CD 01 .0 N 41/ II) 0CY N Y •C Y T C •.1 ..4 n T C •M 3 C ua 1444 ro 0 0 T to 10 4 . °H I 4)H U 0 0 0 H D .0 /-4 >.00144) > 00 O C w Y O.0 t0 T ai 4)'11 .4 C 14 144a it 0.0-! 0 Y 0 0.0 •• ° C3 vi 0 O .0 0 0 144 Y T •.1 4))F•.TIwYu CHM1 444"0 00 T.1 0 mom 0 >. E .H rob• Y a E 4) ami' A 4 0 -to .4 C '° W M >. >I O •-1 t) .0.0 m C C U •-! V rO 14 N C' O m 'U 10 U •C m- 1.4 .0 Y d 0 - 0 C 0 0 0 Y 10 T 'D 01 a)H .0 -'D 111 4) C N.0 0 O YW' to .4 4) >.m 4 7U .1-1 O C m W 0 •61 Y.0 O tO C> >. 0 C •.i W m C•.1 0 C 0.0-M to O .4)04)000> 0 .0 •^ m .0 U C 4 •n'° 01 Y 4.0>. 0-.1 C.0 s 4 v >. w C° .c •.Gro I -m+ 1r FO`.HA4m -.0 1) W':' N 0 H 4 W IW•'+ CV CRIH - 0 V 10 0 0 .4 H 0 Y A C W C U m m O N 4 10 to 0 a•.1 V) m C H 1).-0 U 4) • a O 0 co H H.0a1 -C f:UH 3 C.0 C 010 .4 T .1 m ro 0 0 m C o m ••i 7.0 4C 010 0 04111 TH 0.4 4 U 14 4)10 C.0 Mal 4) G 14 M ro>+13 01.0 to 00 4) 1) N ID H -tS 4Y 14 n T D ro C1 C 0 a H ro G n1 -'0 C ^ In 0 ^ E1 U W W 10 r m 0 0 .ca.G Y w • W aW 0 °ca0 >.7 tn9 'D U.. 4 O 4) 9 H .0 .0 toU w Y1 D;J M .0 M 1.11 10C •^U d0 C 0 6 N J F 4 T D N M H C w 4) E • H 0 14•4 O a Y W W U u N 14 O. 044 1)00 •° 0 • 0)) a N 4 0. O C1 0 0 U G 44)00) - 0.00.000111 • C 4 Y C.0 •.0 VD0 CO C 4 • 0 - "4 0 '-1n 0 u N OU%G Lb 0 0 0 .01pH • >• 4) • Y O F 0 0 w W C. d 14 Y ..1 3 • N E m 0010 d : `N N Z• O 0 4) 0 C C C 4) .In1 ) - m- 0 ^4)1 O ••+..1 .0 H c 0 LO :) .N O C L H e L v 14 4-1 0 C n o. 0 U H 0 •W )J CO•4.. 0 -D1U^ 4)Sq o tN C 0 C • 4) M CO 0: NW •"0 0 • •r4 C 0 Z E .4" 'V 31'1 4)n 0 3•.+ 01006 • 10 4 10 J• 11 C• U IA 0) SZ o O N C Lz 0 4).r. 000 .004) O M .0 H w Y w ....- 4-4 n-1 CO .• H.-'pCO .0 >• ro C O •.1 .• • c C dw ro• Y W.-..1 n •H •0 In z J J. .+ U N: OU) • • T G m W N W N N >.O J.) • MT ° ror1 N H -04 m 0. 0 0 0 N y 0• 7 l) CA • r 0 = • W 4H N10v 0 .4 N 10 U N 10 0 0 C'.1 '0 0 0.-4 C • • O- 4) C z ,7 9 0 3. 4) :) C m Y J .1 C .-I >..0 Y : 0 -4 L U W .-I L 0 '4 U H w 0 4 M 0 N C - O ro 01.0- C >. c 0 • H Z NLN O C 0. 7 9 tO .0 4 H.^ U 0 0 4 0 0 c 4 co Y Y 100.0 i)Y.r°{ Y M CI 4 Cr • ro4w .0064) 40 a0 OtnW zw. t U w 4) C O OT•.1 4) A mC Y m \ 7 G Y r) C 0 4) C 4) CE ro Y 0) C 14001001 f.• 7 0 r 7 dY 00 W 1') .4. 0 • 0 0 ro m H °1.0 4 3•0 .4 . r.. 0 O 4 0 3 3 4)U IA Y 0 C O 3 V. .0 .1 U m 1 h m • 4 0 W D1Y 0 Y 0 N 1) N 0 CE _-0 Y 0 4 = 0 C '0 4) m •4 4 H ••1 ro >. 14 w .0u1 ro E 0 00 D L 4 J.+ 4 .014C 00 4 044 .0 '0 0 4 Y 4)Y f• U 0 a en ▪ 7 4 4 0>.ww 0 4 .0 A 0 .0 a 4 .ti 1 .0 0 4 Y • 0 0 a U.0 4) 0E 0 t7 tna 0•.4 14 f3H M F Y OM 14 a -1'7- >1 M H H C .-I 0 Y 0 o .H T )C 4 • 4 U U I°0 3 In C 0) 0 .0 M. -•~I T F 14 401 10 m 0; .0 U roA C F Y L 4 0 D1 3 • G a 14 4) 0 11 0 a o y '7 0 0 °I 0 00 0 4)C 0 it 4 0 40 .-!C 4> r.ro J 0 F0 40R) wU 1-L 7 • C 0 04 00> 401 4 0.00 0•.1 aT 94-)E C T 4 .-1 4.0 C 0 0) 0 1+.-4 • " 0 Y U 0 C 7 .d 4 N 0 0 E tn 0.0 ..CI °.0 • O N . w H 4^ 7 0 H tn CO 4001> pv wY mC0 4-1 a 14.4 U o)w w 0 1-1 03 M U 00 C>. 40 Lm.0 LL 0 Y D'C U0 00 ON 0C .0.-1 .0 4 "'1 CI 7 CO Y " 0 7 >4A 14 4 Y 0 0 0 0'4 F to H A b3 4.0 .4)004) 0.0 /4-1'0 • 4) C 0 U 4 3 4 .0 Y m 0 0> 7 CI. 0 H 0 T 0 44 -C 7 0 0-^•"- E w to 100 .00 '0 a7 .• .0 4 .0,4) A N C1) n Y tt ..[[1 0 ° .4 101 >1 .0 10 H V C C 7 C 0 H ^ 3 .0 0 01 .0 C1 1D f• C w O .4 0 U ml M .0 404) 1...4 044 4Y 70 0•M G U> E --1H 0 4 4M)L 0H 10 C- 0 °1 0 aro W Y 0 W O 'O U C .0 0 ..41 m 0 �. 0 0 0 H M 0 E- in 4 .:>I Z. $44 2100 0 CO •.4 0 m C 4t 0AU •Jw4-1 Li It a •r .o .0 a1 - RI 11 •4 Hy Uro r4 L' t')H C C' 0 Y LI Y 1) + 0 n 0m to '4).044) '00 mE '0 L 11 0 C 0•.1 0 t 0 C C FF 4 101013 14 YV 00 ,44 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 ara3ba661 ie Mr. Andrew C. McGregor Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Veit Exemption NW1/4 SW1/4 Sec. 22, T75, R88W and NE1/4 SE1/4, Sec. 21, T7S, R88W JEHIS A. DANIFI SON Slane Englnnnr Dear Mr. McGregor: We have reviewed the above referenced proposal to divide 80 acres into two parcels of 70 and 10 acres. There are two wells on the proposed 70 acre parcel. One has an existing permit (No. 108662) and was decreed in Case No. 8 CW145 for domestic purposes inside three single-family dwellings by a Mr. Steven Low. We understand that it is used to supply water to another tract to the south of this property and is not used on this tract. The other well is to be shared between the two proposed parcels created by this exemption. The permit (No. 37353) for this well has expired. The well was decreed in Case No. W-346 for domestic, stock watering, the irrigation of 10 acres, and other beneficial uses. Sharing this well would constitute expanding the use of a well decreed for non-exempt uses. This could not be done until the decree is amended in Water Court. We cannot guarantee that the decree could be amended to allow for the proposed uses. If the decree is amended to ordinary household purposes inside two single-family dwellings, the h—eying of domestic animals and the irrigation of not more than one acre of lawns and gardens, then a permit may be issued for the well upon r..,per applicat.run. Another alternative would be to vacate the 1972 decree fur the well. Once the decree is vacated, we could issue a new permit for the well as the only well on a 35 acre tract for the above described exempt uses. Until a permit for the proposed uses is obtained for the existing well, we cannot recommend approval of this proposal. Since the applicants propose to share this well between the two lots, we also recommend the following: 1. The well should be located on an outlot owned in common by all property owners using the well. Access to the well and the right to establish and maintain a pipeline shall be provided by easements where necessary. 11( hdrew McGregor ch 8, 1991 Page 2 2. The well should be jointly owned by the lot owners. 3. Covenants and/or other mechanisms should establish a lot owners association with the authority to make decisions concerning management and operation of the well. A joint maintenance agreement is a required part of such an association. If you have any questions concerning this response, please call me. Sipcerely, JCM/clf:6199I cc: Orlyn Bell, Division Engineer Bruce DeBrine James C. McDanold, P.E. Senior Water Resources Engineer ___ ----- A of time is hero 4F62 Grayarc, P.O. Box 2944, Hartford, CT 061044944 Wheeler Group, Inc.. 1982 2 hr Well 'fest Well shared by prnpertiPs 90 nn Well: @300' Water Level: 198' Begining of test Level: 219' End of test GPM: 8 Prndnrt.ion of well is greater than 8 gpm. hero 4F62 Grayarc, P.O. Box 2944, Hartford, CT 061044944 Wheeler Group, Inc.. 1982 11308 I. 2 i 4 AlAR 1J490 carder. ou No. Qua CLAIM DEED THIS DEED, Made this IIol)" day of March between PIIILLIP LACERTE and PATRICIA LACERTE of the 'County of Garfield Colorado, grantor(s). and RICHARD B. VEIT whose legal address is 0042 Blue Creek Overlook, Carbondale, Colorado 81623 of the Comity of Garfield . 1990 and State of Ric '774 r-1.. ETSS mAkATTAno plain PCM: t'04, II �r CJ VIII and Slate of Cols rado, grantee(s), WITNESSEI'fl, Thal the, grantor(s), lin and in consideration of the sum of TEN DOLLARS and other good and valuable consideration -DOLLARS the receipt and sufficiency of which is hereby acknowledged. have rmnised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell. curtsey and QUIT CLAIM unto the grantee(s), his heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) have in and to the real properly, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: All of Grantors' right, title and interest in and to the Stroock Well 111, adjudicated in Case No. W-346, of Water Division No. 5, being the balance of the well and water rights not conveyed in the deed from Daniel W. Stroock to Leslie R. Roberts and Janis L. Roberts, recorded in Book 445 at Page 493 of the Garfield County records. Also 10 shares in the Park Ditch which shares shall also be transferred by assignment and delivery of share certificates. AIIRM mxlhxaRVFfrarx4vIDIehwMax TO HAVE AND TO 11OLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, Bile, interest and clai in whatsoever, of the grantor(s), either in taw or equity, to the only proper use, benefit and behoof of the grantee(s), his heirs and assigns forever. IN WITNESS WIIEREOP, The grantor(s) ha veexecuted This deed on the date scl forth above. it Phi i0.l Lac 4. Patricia Lacerte STATE OF COLORADO, G ALA h ss. County of GARFIELD Lc9N4fi 217 11 The foregoing instrument was acknowledged before inc this I lint— day of by Phillip Lacerte and Patricia Lacerte. Mar ch My commission expires -6,3' a' , 19 1 3. Witness my hard and official seal. � a ICIALSEAL Nan AIE QNIornla UMWOOSAMOOMY 'If in D neer, insert "City and." ,11990, luy Public FILED IN WATER COURT Division No. 5 JUN 091972 STATEyy��,,,OF awn() WATER CIEMe W e rr, E D 17ARR Ilff[A[( N,,. 5 UN 91972 OF CCIjORAUU II I1� 9:IIRR IN TIIE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. W-346 I11 TIII9 MATTER OF TIIE APPLICATION ) FOR WATER RICIITS OF DANIEL W. ) AMENDED RULING STROOK IN TIIE ROARING FORK ) 'OF REFEREE RIVER IN GARFIELD COUNTY The above entitled matter having been referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 1st day of July, 1971, in accordance with Article 21 of Chapter 148, Colorado Revised Statutes 1963, as amended (Chapter 373 S.L. Colo. 1969), known as The Water Rights Determination and Administration Act of 1969, and again by Order of the Water Judge on the 10th day of May, 1972. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application and statements of opposition are true and having become fully advised with respect to the subject matter of the application and statements of opposition does hereby make the following determination and ruling ea the Referee in this matter, to -wit: 1 The statements in the application are true. 2; The name of the structure is Strook Well No. 1. 3. The name of claimant and address is: Daniel W. Strook, Carbondale, Colorado. 4. The source of water is a well having a depth of 350 feet. 5. The legal description of the location of the well is: The well is located at a point whence the Southwest Corner of Section 22, T. 7S., R. 08W. of the 6th P.M. bears S. 30°57'28" W. a distance of 2030.21 feet. 6. The proposed use of the water is domestic, irrigation, stock watering and other beneficial uses. 7. The date of initiation of appropriation is April 9, 1969. 8. The amount of water claimed in cubic feet per second of time is 0.022 cubic foot per second of time. 9. Permit No. 37353 was issued by the Office of the State Engineer on April 9, 1969. 10. The water in used to irrigate 10 acres of land in said Section 22. 11. Applicant has withdrawn his claim to replacement water from Green .Mountain Roservoir. The Referee does therefore conclude that the above entitled application should be granted and that 0.022 cubic foot of water per second of time hereby is awarded to the Strook Well No. 1 for domestic, irrigation, stock watering and other beneficial uses with appropriation date of the 9th day of April, 1969, absolutely and unconditionally; subject, however, to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law as may be determined in pending supplemental general adjudication proceedings. shall be filed with It is accordingly ORDERED that this ruling the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to Section 149-21-20 C.R.S. 1963 as amended (1971). It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this—z_ day of_Rai4 2 , 1972. 1'o protest FBB tiled in this matter Tho foregoing ruling in tonsiratd and approved, and is made the Judgment and Decree of this court. 1144 ‘40/ )0- 147Y Datods ., Water Judge DY TIIE REFEREE, Referee Water Division No. 5 State of Colorado BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 338 Pursuant to C.R.S.1973, 37-45-131 Rick Broadhurst and Florence Ann Broadhurst (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 sec., for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following terms and conditions: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use 0.022 cubic feet of water per second from the District's direct flow rights and 1.3 acre feet per year of storage water owned or controlled by the District. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, 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 Applicants 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 Districts said rights. Exchange 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 Dis- trict's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. 3. PURPOSE AND LOCATION OF USE: Applicant will use the waters herein granted for beneficial purposes limited to the augmentation of existing and future wells and other water sources, within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described on Exhibit "A" attached hereto; provided that the location and purpose of Appli- cant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: X Domestic/Municipal Industrial Commercial _ Agricultural Other Applicant acknowledges that usage of the Districts water rights as herein contemplated shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right to use uwca....m-itin.Nu."ccmnerr ran 1 certain waters. 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 eventsaid service is inadequate, Applicant may, utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be solely responsible for providing works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the Water Court in the adjudication thereof. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after 11 1,KkheebIlmadhural.A1 LI ITCIINRACL.frm 2 said 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. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district properly organized and existing under and by virtue of the laws of the State of Colorado and then only if such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion, but Tess than all, of the Applicant's property to be served under this Contract, have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of allor any part of the Applicant's covenants and agreements herein contained. 7. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the n vaw.. h...inrthwurtmxnnrr r . 3 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. 80 CW 253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicant "shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for exten- sion of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 13. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. 14. WELL SPACING REQUIREMENTS: Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said II llIKA.nl S ..11urnnlll" CYMTAAR lrm 4 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. 15. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. APPLICANT: Rick Broadhurst t 4, 7b6MlD4h Florence Ann Broadhurst Applicant's Address: 1418 County Road 107 Carbondale, CO 81623 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this 1 '0Aday of (''\ a rC h. , 1999, by Rick Broadhurst and Florence Ann Broadhurst. WITNESS my hand and official seal. My commission expires: My Commission Expires 5 EXHIBIT A A TRACT OF LAND SITUATED IN SOUTH, RANGE 88 WEST QF THE MORE PARTICULARLY DESCRIBED SW1/4, SECTION 22, TOWNSHIP 7 6TH PRINCIPAL MERIDIAN, BEING AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SW1/4 WHENCE THE WEST 1/4 CORNER OF SAID SECTION 22 BEARS N. 88 DEGREES 45' 30" W. 1135.98 FEET; THENCE S. 04 DEGREES 52' 21" W. 630.23 FEET; THENCE S. 87 DEGREES 43' 40" E. 690.00 FEET; THENCE N. 04 DEGREES 52' 21" E. 642.67 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SW1/41 THENCE N. 88 DEGREES 45' 30" W. 690.68 FEET ALONG THE NORTHERLY LINE OF SAID SW1/4 TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO a__ TOGETHER WITH THE FIRST 5 gallons of water per minute of time produced from a domestic water well situate on property retained by Grantor in Deed recorded in Book 445 at Page 493 and contiguous to the above described parcel of land, together with an easement and right of way for carriage of such water through a 3/4 inch pipe. ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT RICK BROADHURST AND FLORENCE ANN BROADHURST CONTRACT NO. 338 Application having been made by or on behalf of Rick Broadhurst and Florence Ann Broadhurst 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 0.022 cubic feet of water per second from the District's direct flow rights and 1.3 acre feet per year of storage 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 to the Contract 2. 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. 3. 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 hereunder at the location and for the purposes hereinabove set forth or the Applicant's water allotment as provided in this Contract shall be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders included 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. The District may establish an augmentation plan fee to be paid by the holder of any 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. 4. 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. 5. 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- aefWCWORMSV OT.ORD -1- spacing requirements set forin 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 8th day of March; 1999. Attest: By: '7/, tc . ; Ilk -(- Barbara Mick - Secretary I I,IOA,IIWCIPICI AI I CT ORD BASALT WATER CONSERVANCY DISTRICT By: (2��i�,-Q�, -2- • 'RESVURCE .. ■■.... .■ ■...■ ■..■■ E N G I N E E R I N G INC. Mr. Robert Noone PO Drawer 39 1001 Grand Avenue, Suite 207 Glenwood Springs CO 81602 RE: Broadhurst Water Service Contract Basalt Water Conservancy District Contract - 3.3.5.338 Dear Bob: April 30, 1999 Rick Broadhurst and Florence Ann Broadhurst have a water service contract in the amount of 1.3 AF annually and 0.022 cfs (10 gpm). The contract covers the diversion requirements for two single family homes and 7,500 SF of irrigation on a tract of land in the SW'A, Section 22, Township 7 South, Range 88 West, 6`h P.M. in Garfield County more particularly described in Exhibit A, attached. The well which serves the property is Strook Well No. 1, decreed for 0.022 cfs, domestic, irrigation, stock watering and other beneficial uses in Case No. W-346. The decree is for non-exempt uses (see Office of State Engineer's letter dated March 8, 1999). Weil permit No. 37353 was issued for this well but it is apparently expired. The well is co -owned with an adjoining property owner. It appears that the Broadhursts have the first 5 gpm in this well with the neighbor, Mr. Veit, having any remaining water. The results of a pump test provided by you show that the well is capable of yielding at least 8 gpm. The BWCD contract, by virtue of the Substitute Water Supply Plan, could be used to support a new well permit in the amount of 1.3 AF at 0.022 cfs for the uses defined in the contract. A well permit application is pending. However, this would only include the Broadhurst's uses. Any uses of the well by Veit will require an amended BWCD contract and a new well permit. Mr. .Veit is represented by Ms. Sherry Caloia. He is naturally concerned about the loss of the potential exempt well permit status and possibly loss of his use of the well. It is their contention that the well qualified for an exempt domestic permit as the only well on a 35 acre tract. However, the decree includes uses not consistent with an exempt well. This is a matter that must be worked out between the two owners. If we can be of any assistance in brining about a solution, please call me. Sincerely, RE ' -CE ENGINEERING, INC. Paul S. Bussone, P.E. Water Resources Engineer PSB/mmm 033-7.0 bit broadhur$t338.033.wpd Attachments CC: Lori Satterfield, Esq., w/attachments Sherry Caloia, Esq. w/attachments Consulting Engineers and Hydrologists el en -7 TL-TZ-LO o ar w p �. N Cp, 0 am • a m o wn 0 a - x 7 to m ,4 ro 0 r N N ro 2.' N n to no =- H W N E O • p 0) N 0 0 ri N m n w, a 0 O 0 p E. .11 k cn w co w !D N n 1 P, F 1141,1/4V-4% (•4WWl%YWMAW0I4fLYisa a • Recorded at 1:45 P.M. July 21, 1971 Book 421 Reception No. 250422 Ella Stephens, Page 1 Recorder. WARRANTY DEED / 30 STATE COMMENTARY FEE -JUL 21MI: THIS DEED, made this ,..,t/11-( day of 1971, between DANIEL W. STROOCK of the County of Garfield and State of Colorado, and ROBERT O'SHAUGI-INESSY of the County of and State of , of the second part: WITNESSETH:• That the said party of the first part, for and in considera tion of the sum of Ten Dollars and other valuable considerations, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted', bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all of the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: A parcel of land in Sections 22 and 27 of Township 7 South, Range 88 West of the 6th P.M., described as follows: Beginning at the Southwest corner of said Section 22, thence N. 00°06'09" W. 438.00 feet; thence S. 89°40'00" E. 546.76 feet; thence S. 14°45'15" W. 21.62 feet; thence S. 14°16'05" W. 343.82 feet; thence S. 11°02'25" W. 113.52 feet; thence S. 09026118" W . 591.46 feet; thence N. 73°19'56" W. 350.70 feet; thence N. 00°06'54" W. 513.59 feet to the point of beginning. Subject to easements and rights of way of public record or situate and in use. The above described property (hereinafter referred to as is conveyed subject to the following covenants and restrictions, to -wit: 1. The Tract shall be used for residential purposes only and there shall not be erected thereon more than one detached single family dwelling and guest house, together with a garage for not more than two vehicles and one barn, or stable. 2. No portion of the Tract shall be conveyed which will reduce any part to less than.10 acres in size. 3. No st ucture shall he erected on the ra ear t an 100 feet to any boundary, except boundaries on pub is main; and • Book 421 Page 2 (b) Northerly of a line at all points 300 feet distant from the Southerly boundary of the Tract. 4. No.trees, bushes, brush, grass, or other ground cover and natural foliage and vegetation in existence on the Tract on date hereof shall be unwantonly cut, removed, or otherwise damaged, other than is absolutely necessary for the construction of improvements as are authorized by these restrictions and for ingress and egress to such improvements, it being the intent hereof to preserve and maintain the natural state and beauty of the Tract to the greatest extent possible. 5. No animals, livestock, or poultry of any kind shall be raised, bred or kept on the Tract for commercial purposes and only such animals, other than dogs, cats and other household pets, as shall be maintained pbrsuant to paragraph numbered 6 hereof shall be kept on the Tract. 6. All animals, other than dogs, cats and other house- hold pets, shall be grazed or fed, other than in a barn or stable, on a parcel of land commonly known as the pasture, a metes and bounds description of which shall be furnished to Grantee by Grantor. Grantor herewith grants to Grantee a right to lease, together with others, the Pasture for the grazing of a reasonable number of animals. Grantor further conveys to Grante the right, together with others, of first refusal to purchase the Pasture, subject to and upon the terms and conditions as are set forth in separate indenture executed by the parties hereto this date. 7. Grantor herebycovenantsand agrees that any and all other lands which he may hereafter sell to third parties which are located within the following described real property, to -wit: Township 7 South, Range 88 West of the 6th P.M. Section 21: N SES, SE1/4SE1.1. Section 22: SASW', except that portion thereof described in Book 108 at Page 586; all that part of the NASA lying Southerly and Westerly of the following two lines, to -wit: (a) Beginning at a point from which the Southwest corner of said Section 22 bears S. 27°04'37.2" W., 2470.6 feet; thence due West to the West line of said NASA and (b) beginning at said point from which the Southwest corner of Section.22 bears S. 27°04'37.2" W., 2470.6 feet; thence 5. 5°11'32.8" W., to the South line of said NASA. Section 27: WW1:4Nw' ; Lot 4. Section 22: SW INET ; NW' SE'S; 5' 9EI; E' 8W'i; NASA, Except that portion thereof described in Book 108 at Page 587; all that part of the SW':,SW4 lying Northerly and Easterly of the following two lines, to -wit: (a) Beginning at a point from which the South- west corner of said Section 22 bears S. 60°56'42.2" W., 1114 feet; • Book 421 Page 3 thence 5. 87°6' E., to the East line of said 5W'8W14, and (b) beginning at said point from which the Southwest corner of Section 22 bears S. 60056'42.2" W., 1114 feet; thence N. 5°11'32.6" E., to the North line of said SWgSWq. EXCEPTING THEREFROM THE FOLLOWING: A tract of land in the w'NWa of Section 27, T. 7 5., R. 88 W., 6th P.M. described as follows: Beginning at a point which is the stone4 corner common to Sections 27 and 28, thence along the section line N. 00°06'54" W. 2139.30 feet; thence S. 73°19'56 E. 1362.49 feet; to the east side line of the West z of said NWq; Section 27; thence S. 00°05'23" E. 1788.97 feet; thence N. 88°131 W. 1304.37 feet, more or less, to the point of beginning,contain ing 58.8022 acres, more or less. A parcel of land in Sections22 and 27, Township 7 South, Range 88 West of the 6th P.M., more completely described as follows: Beginning at a point on the South line of Section 22, whence the SW corner of said Section 22 bears N. 89°40'00" W. 1304.89 feet; thence S. 00°05'23" E. 896.78 feet; thence N. 73°19'56" W. 1011. feet; thence N. 09°26'18" E. 591.46 feet; thence N. 11°02'25" E. 113.52 feet; thence N. 14°16'05" E. 343.62 feet; thence N. 14° 45'15" E. 132.21 feet; thence N. 14033'50" E. 67.64 feet; thence N. 03°59'35" E. 145.48 feet; thence 5. 55°29'48" E. 149.90 feet; thence S. 61°09'18" E. 260.00 feet; thence N. 55°55'42" E. 86.90 feet; thence S. 83°24'46" E. 201.00 feet; thence N. 85°27'21" E. 199.17 feet; thence N.80°12'51" E. 87.18 feet; thence South 607.11 feet; thence N. 89°40'00" W. 203.80 feet to the point of beginning, containing 30.00 acres, more or less. A tract of land in Section 22, Township 7 South, Range 88 West of the 6th` P.M., more completely described as follows: Beginning at a point whence the SE corner of said Section 22 bears S. 89°40'00" E. 652.45 feet; thence N. 89°40'00" W. 652.44 feet; thence N. 00°26'23" W. 665.96 feet; thence 5. 89°40'00" E. 655.73 feet; thence S. 00°09'18" E. 665.96 feet to the point of beginning, containing 10.00 acres, more or less. shall be subject to the above restrictions, save and except paragraph numbered 3(b). 8. The above covenants and restrictions shall run with the land and shall be binding on all parties and all persons claiming under them for a period of 20 years from date hereof, after which time said covenants and restrictions shall be auto- matically extended for successive periods of 10 years unless an instrument signed by the then owners of a 2/3rds majority of the lands last hereinabove described shall be recorded revoking or changing said restrictions and covenants. Book 421. Page 4 9. Enforcement of the within covenants and restrictions shall be by proceedings at law or in equity against any person or persons violating or attempting to violate the same, either to restrain violation or to recover damages. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and th reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, cl and demand whatsoever of the said party of the first part, either i law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the fir part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of t second part, his heirs and assigns, that at the time of the enseali and delivery of these presents, is well seized of the premises abov conveyed, as of good, sure, perfect, absolute and indefeasible esta of inheritance, in law, in fee simple, and has good right, full pow and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature whatsoever. Subject to taxes. for the year 1970, due and payable in 1971, which grantee herein assumes and agrees to pay and subject to reservation and exceptions contained in United States Patent, and the above bargained premises in the quiet and peaceable possession of the sai party of the second part, his heirs and assigns against all and ever person or persons lawfully claiming or to claim the whole or any pa thereof, the said party of the first part shall and will warrant an forever defendant. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written STATE OF COLORADO Ss. COUNTY OP GARFIELD u c DANIEL W. STROOCK (SE ,The foregoing instrument was acknowledged before me this day :of .- 1.. > , 1971, by DANIEL W. STROOCK. ^pommission expires: 4 -_,c. 4, :%I2NESS my hand and official seal. NOTARY PUI3LIC o a .,o m R- 0 M h a 1 PJI M v� a y C O o zzw 0 rock 0 0 H O yw0 Li 2. x z1-3� r0 a 0 Z7 n tn° o. a ro0 N co Ina a to C 7 waa (1 N N tn^ a 0 0 N c 40, X05' fro ro� w 4* co A M Q I N to w. o a 0 • • as the same appears upon the records of my office. N o H 0 01 1-3 M 2, 0 M 0 al 0 erar a0 0 . ib Recorded at 3:27 P.M. March 13, 1973 Book 441 Ella Stephens,Rocorder. Page 499 Reception No. 257355 • DECLARATION OF INTENT DANIEL W. STROOCK, Garfield County, Colorado, being the owner of certain parcels of land in Sections 21, 22 and 27, Township 7 South, Range 88 West of the 6th P.M., hereby declares and states as follows: 1. WHEREAS, on August 25, 1969, the undersigned became the owner of a tract of land located in Sections 21, 22 and 27, Township 7 South, Range 88 West of the 6th P.M. which is more particularly described in warranty deed recorded in the Garfield County records as Document No. 244205 in Book 404 at Page 220, and WHEREAS, subsequent to August 25, 1969, the undersigned has conveyed certain portions of the above identified premises and has imposed certain restrictions as to use thereof as stated in each deed of conveyance, and WHEREAS, the said covenants and restrictions provide that they shall run with the land and be binding upon all parties and all persons claiming under them until July 21, 1991, after which date such covenants and restrictions shall be automatically extended for successive periods of ten years unless an instrument signed by the then owners of a 2/3rds majority of the property so restricted shall be recorded revoking or changing said restrictions and covenants, and WHEREAS, it is the intent and purpose of the undersigned that the persons entitled to determine whether or not such covenants and restrictions shall be continued shall be all persons then the record owners of such property with each such person being entitled to one vote. NOW, THEREFORE, the undersigned does hereby state Book 441 Page 50D and declare that the period of limiting the said covenants and restrictions shall be determined by a majority of the persons owning property subject to the restrictive covenants; each such person shall be entitled to one vote; and the number of acres owned by each person shall not be considered for any purpose in determining the number of votes to be cast by each person. IN WJTNESS WHEREOF, Daniel W. Stroock has hereunto set his hand and seal this 1st day of March , 1973. STATE OF COLORADO ) COUNTY OF GARFIELD ) SS. DANIEL W. STROOCK The foregoing instrument was acknowledged before me this 2nd day of March, 1973, by DANIEL W. STROOCK. My commission expires June 1, 1974. ,„0•1I.I.Z,,0; WITNESS my hand and official seal. c'JrA:n k bf•PH swoo: f • w:u : A, 9p CULC. NOTARY PUBLIC C11/7114. 19 OCT.t 'a ' F'h�')n Uist .ct (Jour(COURT IN•AND FUR' it+ Ci & County of Denver, Cato, f STY AND COUNTY OF DENVER STATE OF COLCRADO Civil Action DANIEL W. STROOCK, (OCT 11981. No. 91CV1309, Courtroom 19;.,. Fib! h clitict Court Plaintiff, ) V8. ) STEPHEN LOW and HELEN C. LOW, ) for themselves and an repre ) sentative parties for all ) others similarly situated, ) including any parties who may ) have an interest in the real ) property which is the subject ) matter of this action, and ) all unknown persons who claim ) any interest in the subject matter of this action, ) Dcfendants. ) City & County uI Uenver, Cola. OCT 1 1981 FINDINGS AND DECREE THIS CAUSE coming on to be heard, THE COURT FINDS: 1. That each Defendant herein has been properly served, or service of process has been accepted, as required by law and rule of Court; that PATRICIA SCHWARTZ, attorney at law, has been heretofore appointed qnd appeared for any and all Defendants who are in, or who may be in, or who may have been ordered to report for induction into, the military service as defined by the Soldiers' and Sailors' Civil Relief Act of 1940, ae amended; that this is an .:.. action in rem affecting specific real property; that the Court has jurisdiction of all parties to this suit and of the subject matter y." thereof; that the allegations of the Complaint are true; that no ti (• Defendant herein has any title or interest in or to the property" described herein.or'any part thereof, except as'otherwise pro- vided ro vided in this proceeding. •;; c•: ra iso; 2. The Defendants, STEPHEN LOW and HELEN C., IOW, are • proper representative.parties on behalf of'all owners and mo- . gageen of land within that parcel described in Exhibit A, attached`' hereto and incorporated herein, not owned by Plaintiff, and all other parties, if any, who may have; an interest in said real pro- perty, ro perty, or. 1h the covu.lants affecting Said property, all of. whom E' constitute a class; the class is so numerous that joinder oral]. tt members of the class in this action is impracticable) questions of law or fact common in such class are raised in this• -action,''"' the rights, claims, or defenses of said Defendants, STEPHEN LOW and HELEN C. LOW, ai representative parties of the members of the class are typical of the rights, claims, and defenses of the class; therefore, this action is properly brought as and maintained as a _class action. - ,� 3. Any grantee acquiring title to or any mortgagee,;?� acquiring a lien upon any portion of,the real property described .on Exhibit A during the pendency of this action, ipso facto, came and now Sa a member of the class constituting the Defendants :•,a theclase has been served with notice n, as required by order of this Court) requested exclusion therefrom) the judgment of this Court, therefore, will include and apply to all owners and mortgagees of land within that parcel described in Exhibit A, not owned by Plaintiff, and all other parties, if any, who may have an interest in said real property or in the covenants affecting said property, as members of the class. IT IS, THEREFORE, ORDERED, ADJUDGED,' AND DECREED) 1. The, real property described on Exhibit A is no longer? subject to the restrictive covenants contained in document corded July 21, 1971,` in Book' 421,"Page 1, Roception No 250422,'ktj% a'jx3 Garfield County Clerk and Recorder's records, nor to'.�the restric r1 tive covenants contained in document recorded March 13; 1973;,:in „� yr,e -Book 441, Page 499, Reception Bo. 2573u; Garfield County Clerk Ik'q . and Recorder's records, nor to any other reatrictiVe obVenants ,.$1(410, -NIVeica heretofore affecting all,' or any' pert, !of said real property. ,•••,t,c,:AAVergtielopotantiotiv14iik :and all of said restriejive OoVenanis 'have been. fan -artw aban- doned and terminated And are Ro lon4er "iatfOrce 'and' iffeci;76icelt 40"Y.`itt;4,,,' ;•-"s 2. The real property described on Ohlbit'A ittinbed hereto is, and shall hereafter be, eubjeCt. tix.the Covenants, .•!• t1":" Conditions and Restrictions contained' inthe • ,rittaS hereto as Exhibit B, which, by thu'reference;7 ii:ineorporated• aan#04 -';11A:t(h4. • herein, and said Covenants, Conditions", 'and' Restrictiont is here- Itz,04M : f" avleISAY-44144B/44'4,..% -; by determined to run with the land described:in"Exhibit A hereof, 1.:)47." -.-'$ *'J to be binding upon all parties haVing any' right, title,'or interest.. in said property, or any part thereof', their heirs, iminceisOrso • , : "-f• ..21'4444r..., 4'0444:-, 1-140/4,,..-4. a. ! /1,.,..,.... ..•••....e.,-. and aseigns, and shall inure ,to the benefit -of eack-bt said parties !,3. f4.,, .; ,.:tir .SYS3KA.144.4k$1*; ...•" ' '''..',17-i:! The title or encumbrance of the Plaintiff and of the - iii.% • ' . • .' •.';' kti.**1-10:40..i..:44ZAW4fr.4;;: - : -;..,...1:C. Defendants, and each of them, in and to that portion 6f• the real i":; ....7;-, ' • ' ;4"";;••:3004in$544.34tWSmAtitIta'i :4A,ilt•,..';[;0. property described on Exhibit A, heretofore acquired by, or encum- :,";,!ii;!"-• " • •.: r " "1", ssoikassoovzAlotli..t.i,,,,, •-:,.:::.,zpv) th bered by, each and every one of theinu:aild' their 'interest in and to 11-r• ' 144:411140;455,ViArAV'MVeAV!",;.,•.:.:-4.:T that portion of said real property, subject to 'the Covenants, •:•.1.1 * .,...-„•.: . . • -.•..-.. J.e...1•:.14;f5k3::45.:t/4--.; ji".;,•2"-^x... L, Conditions, and Restrictions shown on 11 attached hereto, is hereby ratified an, d confirmed - . t '-c1a.1i4t‘i4L1ritj.i'.::PIti i''l14k"=';4.441: y'.0: :':.1•',', -c.-...=.):.,"•,-f.: .,.,,, 4,:p....,A: 0t.e:. • ,-:',,:.,:. V . i..: : 4. Any grantee abquiring title' tO•,:•or any mortgagee .";;;.-. -. • A. , .. -1.1.4:Zt,Icf,t.-`-?A:c.%,•44-lit..;;;e2Q:';':-: ':•.';;;.:13, acquiring a lien upon, any portion ofithe Sal' property.deescribed .:If.7:;:: Vrq ‘04.7111t0-4,110,ii.V1.4,a, t „ , ,,, Exhibit A during the pendendy'of thist action shalt have ac- - , • •"." • ,!•,.. quired a good.and illretiiiiltai;liBTat.i.84.:1&:,,...-3,iealltetthiotsylivuc.sth real property, .....:.):1; — - .. I ..49.1:.4 fr''''' .. :1; subject to the Co. v011 -an. te-;" -conditions ,* and Recistr cari4onlwo ,„..,..,;‘,...1- - -'''Y' '11 l'al:''''42-c:L12"79.3-'-'1c711ti '-reeited"on - ....-;..-.- i'l" Exhibit 13, and subject to •any valid' endumbrancellinitation, ok?;--kt - ; 1 l • .; ,.....;:;;;•-.3"0:tiftINV., elSfifiga'OC:Mot'itZt.'1,;f11,,k4. .,..4ts.ii.....i).•.,:, lien, encumbering et:(4,7..e..:70tti744j.117exuch,:re..al.:ProZeirtrao, •iaitc,tiree2z. or endtunbered. , ,';•-..1c,i.,;-;o444-,:r.;?.b,,tit,.. m„.? ,, .;;'...;;:f;./..e.rtni.:7;'t.t.-......1.. .a.. ,4.4; 5. Complete f3,17,47,3)l!ii,1e. it-rantiteei'ticalcciiiiiiiA o : 4.k. • the real property described on Exhibit A acquired by, or encumbered by, each, or any, Plaintiff and Defendant, be, and the same hereby is, quieted in and to the Plaintiff and the Defendants, as herein recited, subject to the Covenants, Conditions, and Restrictions recited on Exhibit -B; all parties to this action are, therefore, forever enjoined from denying the Covenants, Conditions, and Restrictions recited in Exhibit B and from asserting the validity of the restrictive covenants herein determined to be abandoned and terminated and no longer in force and effect. DONE IN OPEN COURT this 1st day of October, 1981. BY THE COURT: Judge APPROVED AS TO FORM; FEE RECEIVED: , ' -a&,,AW7 d' eetIte Patricia Schtgartz Military Attorney p�J� LEGAL DESCRIPTION Nk8Ek and 5E1SE4 of Section 21;SW4, SWiNEk, WhSEk :nd SE1SE4.of Section 22; NW4NW1/4 and Lot 4 of Section 27, all in'Township 7 South, Range 88 West of the 6th P.M. Together with all water and water rights, ditches and ditch rights and reservoirs and reservoir rights appurtenant to or used upon or in connection with the above-described lands, including but not by way of limitation, the water, ditch and reser- voir rights represented by thirty (30) shares of the capital stock of the Park Ditch and Reservoir Company. County of Garfield, State of Colorado. - EXHIBIT B COVENANTS, CONDITIONS AND RESTRICTIONS -4:eu 1ctk,A7: In order to preserve the na-tUialNbgoiled character in” :'qiintiAtiOit441-40**" YGE; IL; of the real property hereinafter.described,'an&to maintain -41kc .; '11),z such property as a rural,. residential -area :theak o owi n g 1257 c -) Siett41,40-#&R're-rt covenants, conditions, and restriCtione 'shall rue with the land and be binding upon all parties having any right, 7:=)ein title, or interest in the property hereinafter described, and any part thereof, their heirs, successors, and assigns,',i-ra-c:4 and shall inure to the benefit of each of'said parties.' , —li:"(4c.it 440 - ,_i. g -3h ARTICLE I ' PROTECTED AREA -4 --pc4rt ., --,,,p5r401. -,A.-,:f....? The following described real property shallhbe subject , ,... ..- -..;., i• imosp..; -944yksit.,„ ;,-,e.,..t.- -' to the restrictions, covenants, and conditions hereby ' - - -444;',,fiktatiiinVil t-' -4:11Airx- ' - imposed, and shall be referred to as the "protected area": :•4; OCreilitOgarr4 le i rt '''4C4*, k ' ' ; - That area originally acquired Sy -Daniel' W. StroOck, ;:.P,...---V2f7P-140ttiti.:t.:ic.5C4,,=-1:K, by deed recorded in Book 404, at Page '220,of the records . .1%.A!,.: ,,7,,A4 44P44,45-re.1481`A, ' f:'. ,e ,', ' ri-J7 of the Clerk and Recorder of Garfield County, Colorado, described as follows: , .t0i6P. #W. 0-,S4'.4.. , • ' , ' 2.;.i;-, ,I.I.,,fttrtz, rity,,,Witl'::- i'llek ' . r Township 7 South, Range 88 West of the 6th P.M.:' Section 21: NYSE1/4, SE4SEk; - Section 22: 'SW34, SWIsNE1/4, PHISE14;'SEkSEk: Section 27: WAWA, Lot 4; • 1-rt-v-i•ltA::tf;t:'..;.-: Excepting therefrom the following: • A. That parcel described on Exhibit A, Part I to • a Contract for Deed, recorded in talc 4111at Page 274,tfr . of the Garfield County records; B. That parcel described in a deed recorded in Book • t.7;.; et 432, at Page 448, of the Garfield county records; _ C. That parcel described in a deed recorded in Book 434, at Page 334, of the Garfield Countyre0ords; D. That parcel describedin a deed recorded in Book 436, at Page 409, of the Garfield County recordt. _ . Jc-14- , • . .. • . ' ' . ... ... 1,4C-gr;;;16,t;:,:*?.•;11.1.4-+?!.: - : . ' !.. - ;`i i'1,4' ., rft.'"' ''-i..-...,:,,,,-:....:;-:[-T-i--/;: 1 1:' s: :;:r': -;'—','"t..- A / .?•,11r4:1:1,11;`;4t i.. • . 1., . t li ... 91114 ..tVii • '-t ik t .P.67 4,,- -- ARTICLE II DEFINITIONS Section 1. "Owner" shall mean and refer to the record owner or owners of any tract, whether one or more persons or entities, including contract sellers and contract purchasers, but excluding any person, or persons, claiming an interest in the protected area by reason of an interest in an easement or right-of-way, and excluding all persons having an interest in the protected area as security for the performance of an obligation. Section 2. A "tract" shall mean each parcel conveyed by Daniel W. Stroock, or his successors in interest, (herein- after referred to as "Stroock") (all subsequent references to Stroock shall be deemed to include his successors in interest unless otherwise specified) from the protected area above described with one ownership, whether such ownership be in the name of one,or more, persons, including the parcel owned by Stroock, excluding, however, easements or rights-of-way; provided, however, any such parcel or "tract" may, from time to time, subject to acreage limitations hereinafter expressed, be divided into two or more tracts, each such divided parcel thereupon becoming a separate tract. The portion of the protected area not conveyed shall constitute a tract. Section 3. The "meadow" shall be that portion of the protected area described as follows: A meadow in the SWk of Section 22 and the SEk of Section 21, Township 7 South, Range 88 West of the 6th Principal Meridian, described as follows: Beginning at the SE corner of the NE@SWk of said Section 22 whence the SW corner of Section 22 bears S. 63°37'06" W. 2888.42 feet; thence N. 00`'58'40" W. 430.10 feet; thence N. 64°15'54" W. 11.45 feet; thence N. 73°23'05" W. 837.23 feet; thence N. 87°43'40" W. 690.00 feet; thence N. 04°52'21" E. 142.64 feet to a ditch; thence along said ditch the following courses: S. 83°39'15" W. 259.71 feet; thence N. 80°42'23" W. 178.50 feet; thence N. 73°04'26" W. 175.11 feet; thence S. 89°23'48" W. 218.00 fest; thence S. 86°01'12" W. 212.00 feet; thence S. 82°51'42" W. 148.00 1_4t; thence S. 68°26'42" W. 231.00 ..det; thence S. 77°39'12" W. 283.00 feet; thence N. 69°16'33" W. 180.00 feet; thence N. 79°14'49" W. 81.00 feet; thence S. 79°31'26"W. 278.00 feet; thence N. 84°02'19",W., J70.40 feet; thence S. 55°21'11" W. 382.50 feet; thence S. 60°50'56" W. 186.00 feet; thence S. 22°46'04" E. 182.70 feet; thence S. 67°05'49" E. 336.60 feet; thence S. 74°21'59" E..777.86 feet, thence S. 61°13'33" E. 254.00 feet; thence S. 79008133".E. 225.00 feet; thence S. 68°30'.13" E. 347.00 feet; thence S. 75°09'33" E. 260.00 feet; thonce.S.•65°44'03" E. 212.60 feet; thence S. 55°29'48" E. 149.90 feet; thence S. 61°09'18" E. 260.00 feet; thence N. 55°55'42" E. 86.90 feet; thence S. 83°24'48" E. 201.00 feet; thence N. 85°27'21" E. 199.17 feet; thence N. 80°12'51" E. 361.00 feet; thence N. 72°07'51" E. 207.00 feet; thence N. 87°04'21" E. 203.00 feet; thence S. 77°22'38" E. 383.60 feet; thence N. 06°09'21" E. 117.20 feet; thence N. 70°47'08" W. 130.70 feet; thence N. 38°05'08" W. 124.00 feet; thence N. 85°20'41" E. 229.47 feet; thence leaving said ditch N. 00°58'40" W. 372.84 feet; to the point of beginning, containing 106.44 acres, more or less. ARTICLE III PROTECTIVE COVENANTS Section 1. No tract, whether or not divided or sub- divided, shall be less than ten acres. Section 2. Each tract shall be used for residential anc/'~agricultural purposes only, and there shall not be erected on any one tract more than one single family dwelling;' except that four detached singlc family dwellings, together with guest houses, appurtenant swimming pools, tennis courts, barns or stables and garages, for not more than three vehicles each', ,shall be permitted on the 43 -acre tract described in and conveyed by the Warranty Deed from Daniel W. Stroock to Stephen Low and Helen C. Low, dated March 2, 1973, and recorded March 13, 1973, in Book 441 at Page 502 of the Garfield County records. Each single family dwelling may also have one guest house, together with a garage, barn, stable, and other suitable auxiliary and out buildings. • Section•3. In addition to the restrictions upon con- struction or location of improvements in the protected area elsewhere set forth in this instrument (1) no dwelling or appurtenant structures shall be permitted in the WySEi, rt'ii it * .'.; �Fr 0 ' .r. 8E48E4 and SWyNE4 of Section 22, T. 7 S.,R. 88 W., 6th P.M. unless access thereto is provided exclusively by means other 2S;1 " than the utilization of any portion of Garfield County Road No. 107 lying north of.the sdyth line of said Section 22; and (2) dwellings and appurtenant structures in the N$SEk and 8E1/48E4 of Suction 21, the SW$ of Section.22, and the .� NWhNWk and Lot 4 of Enation 27, T. 7 S.,'R.88 W., 6th P.M., which utilize any portion of Garfield County Road 110 .':107 lying north of the south line of said Section 22 shall be limited to the following: (i) the four dwellings with their appurtenant structures permitted by the covenants set forth in the Warranty Deed recorded in Book 441 at Page 502 of the Garfield County records, referred to in Section 2 above; k (ii) the dwellings with their appurtenantstructures now or hereafter placed upon the tracts described in Book 539 at Page 404, Book 445 at Page 493, Book 450 at Page 259 and Book 535 at Page 405 of the Garfield County records; and (iii) the next five dwellings with their appurtenant structures hereafter constructed or located on said lands.' Section 4. All structures or improvements of any kind, except fences, walls, or other improvements defining boundaries,' shall be. set back from the property line of any tract'at least one hundred (X00) feet, excepting, however, (1) any property line which abuts the public domain or private property which is not included within the protected area; or (2) two adjoining tracts if the owners thereof agree in a recorded document to less than one hundred (100) foot set back with respect to their adjoining boundary. Section 5. No trees, bushes, natural foilage, or vegetation shall be so cut, removed, or otherwise damaged as to damage or destroy unduly the natural, unspoiled character of the property, excepting, however, as may be necessary for the construction of improvements, for providing ingress and egress to such improvements, and for the cpn- • .,-**029Naimvwcill 1-3 atruction and maintenance of utilities and roadways. The limitations contained in this covenant shall not apply to reasonable agricultural practices in the meadow. Section 6. No animals, livestock, or poultry shall be raised, bred, or kept or maintained on any tract, as'a business; provided, however, this limitation shall not prevent the mainten...ice, breeding, use, or sale, of such animals on any trtct for personal uses and incidental to the use of such tract for residential purposes. The main- tenance of a kennel and other improvements upon the tract presently owned by Leslie R. Roberts and Janis L. Roberts described in a deed recorded in Book 445 at Page 493 of the Garfield County records, is hereby specifically excluded from this covenant and from the set -back covenant to the extent that the same are presently constructed and presently operated. Should such set -back violation or stable or kennel operation be removed or discontinued, by Roberta or a future owner, for a six month period, such violations shall not thereafter be again permitted or attempted, it being understood and agreed that such use as a stable or kennel may be continued and maintained on its present scale, but not expanded. ARTICLE IV MEADOW RESTRICTIONS AND RIGHT OF FIRST REFUSAL Section 1. In the 'event that the meadow, at the election of Stroock, (for the purposes of this Article IV, not including his successors in interest) shall be used for grazing animals, the owner of each tract shall have a proportionate right to graze animals upon the, meadow at the then prevailing grazing rate for the area, each owner having an equal right; provided, however, only a reasonable number of animals shall be grazed upon said meadow as may be determined by Stroock during the period 'lb is Li3t he shall be the owner of any tract within the•protected area. Such right to graze shall be limited to that portion" of the meadow owned by Stroock and eudh right shall cease and terminate at such time as Stroock's ownership of such meadow shall terminate and shall not b'e binding upon Str000k's successors in internat. Nothing in this Section l shall be deemed to modify, alter, limit or reduce those grazing rights in the meadow acquired by.Stroock's grantees bp` warranty deed from Stroock prior to the date of recording of this instrument, and by the successors in interest of such grantees, including but not limited to those Warranty Deeds from Stroock recorded in Book 441 at Page 502, Book 445 at Page 493, Book 450 at Page 259, Book 429 at Page 179, and Book 429 at Page 166. , • Section 2. In the event that Stroock shall receive a bona fide offer, which offer he is willing to accept, for the purchase and sale of the meadow, or any part thereof, during the term of these covenants,`Str000k agrees to notify `. each of the record owners of the protected area of such , offer to purchase and sell, reciting in reasonable detail ; l the terms and conditions thereof. 'Within thirty (30) days . ... after the mailing of such notice, said record owners, individually or jointly, shall have, and are hereby granted, an option to purchase tho premises described in said notice at the price, and upon the terms and conditions, contained in such good faith offer to purchase said property. In such case, said record owners must agree among themselves, in some manner, the means by which title to said property shall be taken. In the event that the owners, or soma of them, shall not have accepted such offer within the time herein provided, Stroock may, thereupon, sellsaid meadow, or part thereof, in accordance with the price, terms, and conditions contained in such good faith offer( in such case, such third party purchaser shall take title to the property so purchased free and clear of owners' right to purchase same, or to graze animals thereon. Thereupon the property purchased shall be subject to the remainder of these covenants to the same extent as any other tract. Unless sooner terminated, the option herein granted shall expire 20 years after the death of the last survivor of all natural persons who are record owners on the date of recording of these covenants. Section 3. The meadow may be used only for agricultural purposes, including commercial agricultural purposes; pro- vided, however, such use of the meadow shall not unreasonably alter its present or past use. In no event shall any residential structures, temporary or permanent, be placed or allowed to remain upon the meadow. ARTICLE V GENERAL PROVISIONS AND RESTRICTIONS Section 1. Motorized equipment, garbage cans, service yards, or storage areas shall be adequately screened by plantings or construction. Section 2. No obnoxious, offensive, or other activity which would constitute a public or private nuisance or annoyance to the neighborhood will be permitted. Section 3. Dangerous or wild animals may not bo kept or maintained, permanently or temporarily, upon any tract. Section 4. No advertising signs, billboards, or unsightly objects shall be maintained or erected. Section 5. No junk or trash will be allowed to accumulate on any tract, and the same must be regularly removed. Section 6. These covenants and restrictions may be enforced by proceedings at law or equity against any person, or persons, violating or attempting to violate the same, either to restrain any violation, or to recover damages, or both. sire �; Section 7. invalidation of any of these covenants or restrictions by judgment, court order,or otherwise, shall in nowise affect'any other provision which shall remain in full force and effect. Section 8. 1'he covenants and re..trictions contained herein shall be binding upon all parties, and all parties claiming under them for a period ending July Z, 1991, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instru- ment signed by the then owners of two-thirds of the then • tracts shall be recorded prior to the end of any such ten- year period terminating or modifying said covenants and restrictions in accordance with the provisions of such instrument. Said covenants and restrictions may, from. time to time, be modified or amended by. an instrument in writing signed by the then owners of two thirds of the then tracts. Bach tract, regardless of acreage, shall be entitled to one vote, and the various owners, or Co-owners, ..'�ri. legal or equitable, of any such tract shall Dither combine to exercise said one vote, or may proportionately split such 1_ <a vote in proportion to the number of said co-owners. The owner, or owners, collectively, of the meadow shall not have a vote by reason of such ownership, if such owner, or owners, are entitled to another vote, as the owner of a separate tract. . STATE OF COLORADO County of Garfield Ata x gul.ar.. 1u. meeting of the Boyd of County Cemndulonera for Outfield County, Colorado, held at the Col Noe in Glenwood Springs on Molloy .Augud.tCourtmMolloythe. 29.t11 day of A. D. l98 I. there were present: ' 1.aray....Xe.l.a.suticz ' CommissionerChahman F1wwpn..a1.,,,,, Gp.IiSp Commissioner FDrpfp "Jim" Az:ifkhmom.., Commlasicna Rati..GA...Rhpdps County Attorney Cheryl J, Kossa Deputy,,,,,; Clerk of the Board when the following proceedings, among others were had and done, to.wiC 'RESOLUTION NO. 81-263 RESOLUTION CONCERNED WITH AMENDING THE GARFIELD COUNTY ZONING RESOLUTION OF 1978. WHEREAS, on the 2nd day of January, 1979, this Board of County Commissioners of Garfield County, Colorado, adopted Resolution #79-1, concerning a zoning resolution for the County of Garfield, State of Colorado; and WHEREAS, this Board is authorized by the provisions of Sections 30-28-109 through 30-28-116, C.R.S. 1973, as amended, to provide for the approval of amendments to such zoning reso- lution, and the Board has so amended the said resolution; and WHEREAS, pursuant to such authority, this Board has proposed certain text amendments relating to the definition of recreational support facilities, guest house, and accessory. use; authorization for recreational support facilities through the special use permit process- in the following districts: Resource/Lands, Agircultural/Industrial, Agricultural/Residential/ Rural Density, Commercial/Limited, Commercial/General, and Open/Space; a new section Providing for time limitations on special use permits and conditional use permits; an amended section which provides for the replacement of mobile homes; supplementary regulations in regards to Guest houses; authori- zation for guest houses through the special use permit process in the Agricultural/Residential/Rural Density Zone District; renumbering the definition of resort; authorization for temporary housing at construction sites through the special use permit .process, and authorization for a mobile home as a principal use on a lot through the special use permit process in Resource/ Lands - Gentle Slopes and Lower Valley Floor. WHEREAS, a public hearing was held on the 20thday of • July, -1981, and .continued until August 17th, 1981, upon the question of the adoption of the proposed text amendments, pursuant to public notice required by law; and WHEREAS, the public was, at such public hearings,.given the opportunity to voice its opinions regarding the proposed text amendment, which opinions have been given full consideration by this Board; and WHEREAS,.this Board has determined that the proposed text amendments are necessary, and are in the best interests of the citizens of Garifeld County, Colorado; -r NOW, THEREFORE,BE IT RESOLVED, by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Zoning Resolution, adopted by this Board on the 2nd day of January, 1979, and identified as its Resolution #79-1;,. as subsequently amended by this Board, shall be and hereby is amended as follows:- (1) The Garfield County Zoning Resolution shall be amended by the addition of a new section, which shall be identified as Section 2.02.011, which shall appear between Section 2.02 and Section 2.02.01, and which shall read as follows: 2.02.011 Accessory Uses: Incident only to a lawful use, any use ' - which complies with all of the followingconditions may be operated as an accessory use: (a) Is .clearly incidental and customary td, and commonly associated with a lawful use; (b) Is operated and maintained under the same ownership and on the same lot as the lawful use; (c) Does not include structures or structural features inconsistent with a.lawful use; and (d) Does not include residential occupancy except by 'domestic employees employed on the premises and the immediate families of such employees. (2) The Garfield County Zoning Resolution shall be amended by the addition of a new section, which shall be identified as Section 2.02.285 which shall appear between Section 2.02.28 and Section 2.0 . 9, ad which shall read as follows: Guest House: Accessory, detached building, which is designed and used to house non-paying visitors and guests of the occupants of the main building of the site. (3) The Garfield County Zoning Resolution shall be amended by the addition of a new section, which shall,be identified as Section 2.02.446, which shall appear between Section 2.02.445 and Section 2.02.447, and which shall read as follows; 2.02.446 Recreational Support Facilities: Those facilities used exclusively for the preparation, maintenance, and storage of equipment usedin recreational activities; business operations and non-residential shelter facilities for persons engaged in said activities. (4). Section 2.02.448 of the Garfield County Zoning. Resolution shall be amended to read as follows: 2.02.448 Resort: Dude ranch or guest ranch; hunting or fishing camp, cross-country or trail skiing lodge (any of which shall not exceed twelve (12) dwelling units or forty- eight (48) beds or visitor capacity), land used for the purpose of recreation, which provides lodging, recreational activities, dining facilities, commisary and other needs operated on the site for guests or members. (5) Section 3.01.03 of.the.Garfield County Zoning Resolution shall be amended to read as follows 3.01.03 Uses, special: Camper park, mobile home as principal use of the lot; agriculture -related business; resort;' Airport - air carrier..• Plant for fabrication of goods from processed natural resources; material handling, pumping facilities, elec- trical distribution, warehouse facilities/staging areas, fabrication areas, storage areas, water impoundments, access routes, utility lines, pipelines; extraction, processing; public gatherings; commercial park; recrea- tional support facilities; guest houses. 16) Section 3.02:03 of the Garfield County Zoning Resolution shall be amended to read as follows: 3.02.03 Uses, special: Airport utility, feedlot as principal use of the lot, crematorium, agriculture -related business, resorts; Two, -family dwelling, mobile home as principal use of the lot, camper park, ski lift and trails; Public gatherings; Site for extraction, processing, storage or material handling of natural resources; recreational su000rt facilities, and guest house. (7) Section 3.03.03 of the Garfield County Zoning Resolution shall be amended to read as follows: 3.03.03 Uses, special: Two-family dwelling, row house, mobile home as principal use on the lot, studio for conduct of arts and crafts, water impoundments, utility lines, quest house. (8) Section 3.07.03 of the,Garfield County Zoning Resolution shall be amended to read as follows: 3.07.03 Uses, special: Automotive service station or washing facility; camper park; mobile home park; Any use, by right, in this zone district used principally as a drive-in establishment where the customer receives goods or services while occupying a vehicle; water tn- poundments, storage, commercial park; utility lines; recreational support facilities. • (9) Section 3.08.03 of the Garfield County Zoning Resolution shall be amended to read as follows: 3..08.03 Uses, special: Any special use of the C/L district • subject to all conditions listed thereunder; Plant for processing natural resources and agricultural • materials into food and beverages; Salvage yard, water impoundments, automobile race track and material handling; recreational support facilities. (10) Section 3.09.01 of the Garfield County Zoning Resolution shall be amended to read as follows: Uses, special or conditional: Extraction, processing, fabrication, and storage of natural resources and'agricul- tural materials; water impoundments; sanitary landfills; aircraft landing strips; and utility facilities; recrea- tional support facilities.,; • The above uses shall be'governed by a special use permit which shall be approved by the County Commissioners as provided for in,this Zoning Resolution; except. that . where the authority, for said use arises from a,specific contract or permit with the U,S.•Government for the use of property owned by that government, then that'''C- use ,shall be a conditional use, upon which the County Commissioners may impose conditions necessary to protect .•;. the health, safety and welfare of the people of Garfield'.) County, provided that said conditions do not directly conflict with a federally imposed regulatory.scheme, The procedure for obtaining such conditional use permit* shall be that prescribed for any use otherwise authorized by a conditional use permit. ca (11) Section 3.10.04 of the Garfield County Zoning Resolution shall be amended to read as follows: 3.10.04 Uses, special: Allowed by permit only: Industrial support facilities which would include: Material handling, pumping facilities, electric distribution, warehouse facilities/staging areas, fabrication areas, .storage areas, water impoundments, access routes, utility lines, pipelines; extraction, processing, accessory uses to the above; camper park, hunting lodge; mineral waste disposal areas; public gatherings; commercial park; resort; agriculture -related business; sanitary landfill; recreational support facilities; mobile home as principal use on the lot. (12) The Garfield County Zoning Resolution shall be amended by the addition of a new section, which shall be identified as Section 5.02.21, which shall appear between Section 5.02.20 and Section 5.03, and which shall read as follows: 5.02.21 SPECIAL USE PERMITS FOR TEMPORARY HOUSING AT CONSTRUCTION SITES (1) At times of severe housing shortage or other unusual or emergency conditions, special use permits for temporary housing in the nature of mobile houses, campers and recrea- tional vehicles may be granted related to commercial, industrial and highway construction projects of substantial size in any zone district by the Board of County Commis- sioners through the special use permit process. Such housing shall be of a temporary nature and shall be removed at the expriation of the permit. When the construction project will last longer than one (1) year, the special use permit under this Section shall not be granted. (2) Special Use Permit for Temporary Housing on Construc- tion Sites: Applicant shall submit an adequate site plan, proposed water supply, proposed method of sewage treatment and names and addresses of adjacent property owners. The applicant is responsible for providing this information. a. For self-contained temporary housing units, applicant must demonstrate and guarantee arrangement for hauling of water and sewage. For units which are not self-contained, a central water and sewage treatment system must be provided, with specifications approved by the County. c, 'In no case shall unsafe water be used for drinking nor shall raw sewage or used water be discharged on the ground surface. d. Temporary housing shall be considered self-contained if it includes a toilet and a bath or shower. (3) 'The maximum allowable time length of permit is (6) six months.. For good cause shown, the permit may renewed, By way; of example and not limitation, good cause may constitute progress towards more permanent housing( and nature of,the construction project, (4) Temporary housing shall be located on a construction . site or adjacent thereto, for which a building permit has been issued and inhabitants on that site shall be only,, construction employees working an.that site, and not dependents of employees, , (5) Tenporary'housing sites shall be maintained in a' clean, sanitary and safe condition, free from hazardous or noxious' materials, weeds and refuse. 'The applicant is responsible for ensuring compliance. a. Fire Protection; General Requirements:. Provisions. shall be made for giving alarm in case of fire. It shall be the responsibility of the duly authorized, attendant or caretaker to inform all tenants about means for summoning fire apparatus,. sheriff's depart- ment and park employees. No open fires shall be left unattended at any time. One or more approved extenguishers of a type suitable for flammable liquid or electrical fires (Class B and Class C), carbon dioxide or dry chemical, shall be located in an open station so that it will not be necessary to travel more than a hundred (100) feet to reach the nearest extinguisher. A water storage tank may be required if County and local fire protection officials deem it necessary. b. Refuse containers must be provided for trash. At least one 30 gallon (4 cubic feet) container shall be provided for each unit, or the equivalent in a central trash collection facility. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight -fitting lids. Refuse shall be disposed of not less than once weekly. (6) Certificates of Occupancy forconstruction project shall be withheld until temporary housing is removed and the site is restored to the satisfaction of the County. (7). Once the permit for temporary housing is granted, the applicant shall comply with.all the foregoing regu- lations or the County will issue a STOP WORK ORDER for the construction project until temporary housing site is brought into compliance with the regulations. (8) If there is suitable housing space available in the nearby area tothe construction project, the temporary building permit shall not be granted. Written statements from nearby mobile home parks or other employee housing projects may be submitted to demonstrate housing need. (9) No animals shall be allowed at temporary housing sites. (10) In evaluating the request for a Temporary Housing _:Special Use Permit, Board of County Commissioners may require compliance with additional provisions as they might be needed to ensure the health, safety and welfare of the public. (13) The Garfield County Zoning Resolution shall' be amended by ' the'addition of a new section, which shall be identified as Section 5.03.025, which shall appear between Section 5.03.02 and Seotion 5.03.03, and which.shall read as follows: 5.03.025 .Guest Houses' Use of'.a structure as a guest house must meet the following conditions .as well as all other standards applicable to residential use: ' a. The gross floor area'or the area used for residential'. occupancy shall not exceed 1000 square feet; b. The minimum lot size shall be 50 percentlarger than the minimum required for a residential use in the same zone district; and c. The.length of stay of a guest shall be limited to 30 days, unless said guests are the grandparents, parents, siblings, or children of the occupants of the primary structure. (14) Section 7.05 of the Garfield County Zoning Resolution shall be amended to read as follows: 7.05 .REPLACEMENT OF MOBILE HOME A mobile home which is a non -conforming use, or which • • is authorized by these regulations may be replaced by another mobile home on the same lot provided that the replacement mobile home conforms to the requirements of the Building Code Resolution of Garfield County, and to the performance requirements of this resolution. (15) The Garfield County Zoning Resolution shall be amended by the addition of a new section, which shall be identified as Section 9.01.07, which shall appear between Section 9.01.06 and Section 9.02, and which shall read as follows: 9.01.07 Temporary Permits: Any permit granted under the authority of these regulations may be limited in time as the Board deems necessary in order to protect the uses of the neigh- borhood, and the health, safety and welfare of the. public. • BE IT RTHER t URESOOLVEDhthat the foregoing amendments shall be effective RTHERi resolution shall be filed and recorded with they ofthis GarfiaelddinCounty Clerk and Recorder, and that all other provisions of the said Garfield County Zoning Resolution shall remain in full force and effect, ATTEST: BOARD OF COUNTY COMMISSIONERS' GARFIELD COUNTY,. COLORADO Deputy Crk,o the Board Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: kr..LX..Y.R.ARB 1 RA Aye ............ Ugx7,Sg Aye Eugene "Jim" Drinkhouse Aye STATE OF COLORADO County of Oufleld In Commissioners, ' •"" ..••••.. County Clerk and :..ofadu Clerk of the Board of County Commissioners in and for the County and State aforeold do hereby certify that the annexed and foregoing Order Is truly copied Rom the Record: of the Proceedings of the Board of County Commissioners for said Garfield County, now In my office. IN WITNESS WHEREOF, I have hereunto art myhindand affixed the seal of said County, at Glenwood Springr, tab dry of A.D.19 County Clerk and exo(fielo Clerk of the Board of County Commissioners. d' d ,.Y�71�:' . ! . . 1, J} i.r , { ,..r k�� .. >f 1!'i. pA _ flan IR wawa, (ay 4 f,!IUYf! Of DIME• ' - f fc1�iio�t' FEB II ;� IFH `VI IN THE DISTRICT COURT IN AND FOR THE 11111 CITY AND COUNTY OF DENVER S STATE OF COLORADO E el.b��3 1, yy2QQ:- Civil Action No. , 6 rtroom z� DANIEL W. S'1HOOCK, Plaintiff, ) vs. ) COMP L A I N T ) STEPHEN LOW and HELEN C. LOW, ) for themselves and as representative ) parties for all others similarly ) situated, including any parties who ) may have an interest in the real ) ,C property which is the subject matter ) of this action, and all unknown ) ) persons who claim any interest in ) the subject matter of this action, ) 1 Defendants. ) 1. Plaintiff is the owner and in possession c art of the following real property situated in the County of Garfield, State of Colorado: NhSEh and SEhSE4 of Section 21; SWh, SANE', WISEh and SEkSEh of Section 22; MWONWO and Lot 4- of Section 27, all in Township 7 South, Range B8 West of the 6th P.M. Together with all water and waterrights, ditches and ditch rights and reservoirs and reservoir rights appurtenant to or used upon or in connection with the above-described lands, including but not by way of limitation, the water, ditch and reser- voir rights represented by thirty (30) shares of the capital stock of the Park Ditch and Reservoir Company. - 2. This is a class action in which Defendants, Stephen Low and Helen C. Low, are the owners, or have an interest in, and are in possession of the real property situate in the County of Garfield, State of Colorado, described on Exhibit A attached hereto and, by this reference, incorporated herein, and are made parties in this action individually, and as representative parties on behalf of all owners and mortgagees of land within that parcel described in paragraph 1 hereof, not owned by Plaintiff, and all other parties, if any, who may have an interest in the real property which is the -subject matter of this action, all of whom constitute a class wherein: ;a) The class is so numerous that joinder of all members of the class in this action is impracticable; (b) Questions of law or fact common in such class are raised herein; (c) The rights, claims, or defenses of Stephen Low and Helen C. Low as representative parties of the members of the class are typical of the rights, claims, and defenses of the class; (d) The representative parties, named herein, Stephen Low and Helen.C. Low, will adequately protect the intar- ests of the class: 3. There may be persons interested in the subj. matter of this action whose names cannot be inserted herein, because said names are unknown to the Plaintiff, although, ' diligent efforts have been made to ascertain the names of said persons; such persons have been made Defendants and designated as "all unknown persons who claim any interest in the subject matter • of this action"..to far as Plaintiff's knowledge extends, the interest of the unknown parties are derived through some one or more of the class herein. 4. The real property described in paragraph: 1 hereof has been, or may. have been, subject to the restrictive covenants a contained in document recorded July 21, 1971, in. Book 421, Page 1, Reception No. 250422, Garfield County Clerk and Recorder's records, a copy of which is attached hereto as Exhibit B and, by this reference, is incorporated herein, and subject to the restrictive covenants contained in document recorded March 13, 1973, in Book 441,.Page 499', Reception No. 257355, Garfield County Clerk and Y.4C.A%MV Recorder records, and all of said restrictive covenants have been, and are, abandoned and terminated and are no longer in force and effect. 5. The real property described in paragraph 1 hereof is, and should hereafter be, subject to the Covenants, Conditions, and Restrictions contained in the document attached hereto as Exhibit D, which, by this reference, is incorporated herein, and said Covenants, Conditions, and Restrictions should be determined to run with the laud described in paragraph 1 hereof, to be bind- • ing upon all parties having any right, title, or interest in said property, or aey part thereof, their heirs, successors, and resigns, . and to inure to the benefit of each •of said parties. 6. During the pendency of this action, Plaintiff and other owners of any parts or portions of the real property cribed in paragraph 1 hereof may convey all or some portion.. such land to others, and mortgagees may acquire mortgages encum- bering portions of such land. All such grantees and mortgagees should acquire title and encumbr.,nce to such land subject to the Covenants, Conditions, and Retrictions contained in the documents attached hereto as Exhibit D. WHEREFORE, Plaintiff prays for a complete adjudication of the rights of all parties in this action, finding and holding: (a) This is a class action in which the Defendants Stephen Low and Helen C. Low are parties hereto as individuals and, in addition, are proper representative parties on behalf of all other owners and mortgagees of lands within that real prop-. erty described in paragraph 1 hereof, not owned by Plaintiff, and. all other parties, if any, who may have an interest in the real property which is the subject matter of this action; (b) Tho restrictive covenants contained in documents recorded July 21, 1971, in Book 421,. Page 1, Reception No. 250422, lattitoff •CARPENTER 0. KLATSKIN P.C. 113.3036340614 PAGE 3/E ARTICLE II DEFINITIONS Section 1. "Owner" shall mean and refer to the record owner or owners of any tract, whether one or more persons or entities, including contract sellers and contract purchasers, but excluding any person, or persons, claiming an interest in the protected area by reason of an interest in an easement or right- of-way, and excluding all persons having an interest in the pro- tected area as security for the performance of an obligation. Section 2. A "tract" shall mean each parcel conveyed by Daniel W. Stroock, or his successors in interest, (hereinafter referred to as "Stroock")p (all subsequent references to Stroock shall be deemed to include his successors in interest unless otherwise specified) from the protected area above described with one ownership, whether such ownership be in the name of one, or more, persons, including the parcel owned by Stroock, excluding, however, easements or rights-of-way; provided, however, any such parcel or "tract" may, from time to time, be divided into two, or more, tracts, each such divided parcel thereupon becoming a separate tract. The portion of the protected area not conveyed shall constitute a tract. Section 3. The "meadow" shall be that portion of the protected area described as follows: A meadow in the SW 1/4 of Section 22 and the SE 1/4 of Section 21, Township 7 South, Range 88 West of the 6th Principal Meridian, described as follows: Beginning at the SE corner of the NE 1/4 SE 1/4 of said Section 22 whence the SW corner of Section 22 bears S. 63°37'06" W. 2888.42 feet; thence N. 00°58' 40" W. 430.10 feet to a ditch; thence along said ditch the following courses: N. 64°15'54" W. 11.45 feet; N. 73°23'05" W. 837.23 feet; thence leaving said ditch the following courses: N. 87°43'40" W. 690.00 feet; thence N. 04°52'21" E. 142.64 feet; thence S. 83°39'15" W. 259.71 feet; thence N. 800 42'23" W. 178.50 feet; thence N. 73°04'26" W. 175.11 feet; thence S. 89°23'48" W. 218.00 feet; thence S. 86°01'12" W. 212.00 feet; thence S. 82°51'42" W. PROM.CARPENTER 8 KLATHKIN P.C. Io.3036340614 PAGH 4/B 148.00 feet; thence S. 68°26'42" W. 231.00 feet; thence S. 77°39'12" W. 283.00 feet; thence N. 69°16'33" W. 180.00 feet; thence N. 79°14'49" W. 81.00 feet; thence S. 73°31'26" W. 278.00 feet; thence N. 84°02'19" W. 170.40 feet; thence S. 55°21'11" W. 382.50 feet; thence S.-60°50'56" W. 166.00 feet; thence S. 22°46'04" E. 182.70 feet; thence S. 67°05'49" E. 336.60 feet; thence 5. 74°21'59" E. 777.86 feet; thence S. 61°13'33" E. .254.00 feet; thence S. 79°08'33" E. 225.00 feet; thence S. 68°30'33" E. 347.00 feet; thence S. 75° 09'33" E. 260.00 feet; thence S.-65°44'03" E. 212.60 feet; thence S. 55°29'48" E. 149.90 feet; thence S. 61°09'18" E. 260.00 feet; thence N. 55° 55'42" E. 86.90 feet; thence S. 83°24'48" E. 201.00 feet; thence N. 85°27'21" E. 199.17 feet; thence N. 80°12'51" E. 361.00 feet; thence N. 72°07'51" E. 207.00 feet; thence N. 87°04'21" E. 203.00 feet; thence S. 77°22'38" E. 383.60 feet; thence No. 06° 09'21" E. 117.20 feet; thence N. 70°47'08" W. 130.70 feet; thence N. 38°05'08" W. 124.00 feet; thence N. 85°20'41" E. 229.47 feet; thence $. 00°58'40" W. 372.84 feet; to the point of beginning, containing 106.44 acres, more or less. ARTICLE III PROTECTIVE COVENANT$ Section 1. Each tract shall be used for residential purposes only, and there shall not be erected on any one tract more than one single family dwelling, and no more than one guest house, together with a garage, barn, stable, and other suitable auxiliary and out buildings. Section 2. No tract, whether or not divided or sub- divided, shall be less than ten acres. Section 3. All structures or improvements of any kind, except fences, walls, or other improvements defining boundaries, shall be set back from the property line of any tract at least one hundred (100) feet, excepting, however, any property line which abuts the public domain. Section 4. No trees, bushes, natural foilage, or vegetation shall be so cut, removed, or otherwise damaged as to damage or destroy unduly the natural, unspoiled character of the property except as may be authorized under the provisions of Article IV of these covenants, excepting, however, as may be .TER 8 KLATEKIN P.C. I0.3036340614 PAGE 6/e necessary for the construction of improvements, for providing ingress and egress to such improvements, and for the construction and maintenance of utilities and roadways. The limitations con- tained in this covenant shall not apply to reasonable agricul- tural practices in the meadow. Section 5. No animals, livestock, or poultry shall be raised, bred, or kept or maintained on any tract, as a business; provided, however, this limitation shall not prevent the mainten- ance, breeding, use, or sale, of such animals on any tract for personal uses and incidental to the use ofsuch tract for residential purposes. The maintenance of a kennel and other. improvements upon the tract presently owned by Leslie R. Roberts and Janis L. Roberts described in a deed recorded in Book 445 at Page 493 of the Garfield County records, is hereby specifically excluded from this covenant and from the set -back covenant to the extent that the same are presently constructed and presently operated. Should such set -back violation or stable or kennel operation be removed or discontinued, by Roberts or a future owner, for a six month period, such violations shall not there- after be again permitted or attempted, it being understood and agreed that such use as a stable or kennel may be continued and maintained on its present scale, but not expanded. ARTICLE TV ARCHITECTURAL CONTROL No building, fence, wall, or other structure. shall be commenced, erected, or maintained upon any .tract, nor shall any exterior addition to or change or alteration thereto be made, nor shall any tract be cleared, until the nature, kind, shape, height, color, materials, and locationof the same shall have been approved. in writing pursuant to the provisions of this Article IV. The intent of this Article is to protect the natural beauty of the land subject to these covenants without prohibiting reasonable CARPENTER a KLATEKIN P.C. 10.3036990619 PACE 6/9 development of that land. It is not development per se which the owners are attempting to prevent; it is only development of a sort deemed unacceptably offensive by the owners. The owners are not to act capriciously in arriving at their decisions and will diligently pursue the from rejected plans. A. All owners, subject to the protective resolution of differences, if any, resulting including Stroock, whose tract may be covenants hereby imposed who wish to participate in the approval process may register their name, or names, and current mailing address (which address, from time to time, must be kept valid), with Stroock, at his normal place of residence. B. Prior to any construction, addition, alteration, or clearing, hereinabove described, notice of such construction, addition, alteration, or clearing, describing the same in reason- able detail, and including plans and specifications, if available, shall be sent, by certified, or registered, mail addressed to the most recent address who have registered shown on the records of Stroock,. to all owners their name and address with Stroock, such notice containing the intended commencement and completion date of such work, and the address (of Stroock) to which responses should be directed. Certificate of such mailing shall be delivered to Stroock. In addition to such mailing, a telegram describing such construction, addition, or clearing in reasonable detail, in the language provided by the person requesting approval, shall be sent, charges collect, to each owner who shall have previously requested the sending of such telegram, directed to the address shown on Stroock's records. C. Each participant to whom such notice shall have been directed may, or may not, respond to Stroock, approving, or dis- approving, such construction, addition, alteration, or clearing. All responses which shall be considered in the approval or dis- approval, of such plans shall have been received by said Stroock within thirty (30) days after the date that the last such notice ,N P.C. ID.303E340514 PAGE 9/e _1, have been mailed, as shown by the certificate provided for in paragraph B above. D. Each tract shall be entitled to one response which the owners of a tract may exercise jointly or proportionately. Upon the expiration of said ti.; rty (30) day period, Stroock shall issue his certificate approving such construction,. addition, alteration, or clearing, if more than fifty (50%) percent of the responses received by Stroock, including his own, shall approve such construction, .addition, alteration, or clearing, or disapproving such plans if fifty (50t) percent or more of such responses, including his own, shall have disapproved such construction, addition, alteration or clearing. If no such responses shall have been received within said thirty (30) day period, Stroock shall, thereupon, approve said construction, addition, alteration, or clearing, as shown by said plans and specifications. ARTICLE V MEADOW Section 1. In the event that the meadow, at the election of Stroock, (for the purposes of this Article V, not including his successors in interest) shall be used for grazing animals, the owner of each tract shall have a proportionate right to graze animals upon the meadow at the then prevailing grazing rate for the area, each owner having an equal right; provided, however, only a reasonable number of animals shall be grazed upon said 'meadow as may be determined by Stroock during the period that he shall be the owner of any tract within the protected area. Such right to graze shall be limited.to that portion of the meadow owned by Stroock and such right shall cease and terminate at such time as Stroock's ownership of such meadow shall terminate and shall not be binding upon Stroock's successors in interest. Section 2. In the 'event that Stroock shall receive a PACE e/9 .sch offer he is willing to accept, for the pur- e of the meadow, during the term of these covenants, agrees to notify each of the record owners of the protected area of such offer to purchase and sell, reciting in reasonable detail the terms and conditions thereof. within thirty (30) days after the mailing of such notice, said'record owners, individually or jointly, shall have, and are hereby granted, an option to pur- chase the premises described in said notice at the price, and upon the terms and conditions, contained in such good faith offer to purchase said property. In such case, said record owners must agree among themselves,'in some manner, the means by which title to said meadow shall be taken. In the event that the owners, or some of them, shall not have accepted such offer within the time herein provided, Stroock may, thereupon, sell said meadow in accordance with the price, terms, and conditions contained in such good faith offer; in such case, such third party purchaser shall take title to the meadow so purchased free and clear of owners' rights to purchase said meadow, or to graze animals thereon. Thereupon the meadow shall be subject to the remainder of these covenants as to the same extent as any other tract. ARTICLE VI GENERAL PROVISIONS Section 1. Motorized equipment, garbage cans, service yards, or storage areas shall be adequately screened by plantings or construction. Section 2. No obnoxious, offensive, or other activity which would constitute a public or private nuisance or annoyance to the neighborhood will be permitted. Section 3. Dangerous or wild animals may not be kept or maintained, permanently or temporarily, upon any tract. Section 4. No advertising signs, billboards, or sightly objects shall be maintained or erected. APR -30-69 17.61 FROM.CARPENTER 8 a6ATSHIN P.G. 10.3036340614 PAGE 9/9 Section 5. Nojunk or trash will be allowed to accumu- late on any tract, and the same must be regularly removed. Section 6. These covenants and restrictions may be enforced by proceedings at law or equity against any person, or persons, violating Or attempting to violate the same, either to restrain any violation, or to recover damages, or both. Section 7. Invalidation of any of these covenants. or restrictions by judgment, court order, or otherwise, shall in no- wise affect any other provision which shall remain in full force and effect. Section 8. The owner of the meadow may use such area, and other areas owned byhim for commercial agricultural purposes;. provided, however, such use shall not unreasonably alter the pre- sent or past use of such property. Section 9. The covenants and restrictions contained herein shall be binding upon all parties, and all parties claiming under them for a period ending July 2, 1991, after which time said covenants shall be automatically terminated unless an instrument signed by the then owners of two-thirds of the then tracts shall be recorded extending or modifying said covenants and restrictions in accordance with the provisions of such instrument. Said covenants and restrictions may, from time to time, be modified or amended by an instrument in writing signed by the then owners of two-thirds of the then tracts. Each tract, regardless of acre- age, shall be entitled to one vote, and the various owners, or co-owners, legal or equitable, of any such tract shall either com- bine to exercise said one vote, or may proportionately split such vote. in proportion to the number of said co-owners. The owner, or owners, collectively, of the meadow shall not have a vote by reason of such ownership, if such owner, or owners, are entitled to another vote, as the owner of a separate tract. - 8 - Strook Well No. I IN THE DISTRICTCOURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. W-346 IN THP MATTER OF TIIE APPLICATION FOR WATER RIGIHTS OF DANIEL W. STROOK IN THE ROARING FORK RIVER IN GARFIELD COUNTY ) .OF REFEREE AMENDED RULING FILED IN WATER COURT Division Nu. 5 JUN 091972 STATE OF CQL RADO. WATER CLEAR' Bt rr, The above entitled matter having been referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 1st day of July, 1971, in accordance with Article 21 of Chapter 148, Colorado Revised Statutes 1963, as amended (Chapter 373 S.L. Colo. 1969), known as The Water Rights Determination and Administration Act of 1969, and again by Order of the Water Judge on the 18th day of May, 1972. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application and statements of opposition are true and having become fully advised with respect to the subject matter of the application and statements of opposition does this hereby make the following determination and ruling as the Referee in matter, to -wit: 1 The statements in the application are true. 2.. The name of the structure is 3. The name of claimant and address is: Daniel W. Strook, Carbondale, Colorado. 4. The source of water is a well having a depth of 350 feet. 5. The legal description of the location of the well is: The well is located at a point whence the Southwest Corner of Section 22, T. 7S., R. 88W. of the 6th P.M. bears S. 30°57'28" W. a distance of 2030.21 feet. 6. The proposed use of the water is domestic, irrigation, stock watering and other beneficial uses. 7. The date of initiation of appropriation is April 9, 1969. 8. The amount of water claimed in cubic feet per second of time is 0.022 cubic foot per second of time. t.JaPuk 9. Permit No, 37353 was issued by the Office of the State Engineer on April 9, 1969. 10. The water in used to irrigate 10 acres of land in said Section 22. 11. Applicant has withdrawn his claim to replacement water from Green Mountain Reservoir. The Referee does therefore conclude that the above entitled application should he granted and that 0.022 cubic foot of water per second of time hereby is awarded to the Strook Well No. 1 for domestic, irrigation, stock watering and other beneficial uses with appropriation date of the 9th day of April, 1069, absolutely and unconditionally; eubject, however, to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law as may he determined in pending supplemental general adjudication proceedings. It is the Water Clerk judicial review It is with accordingly ORDERED that this ruling shall be filed with and shall become effective upon such filing, subject to pursuant to Section 148-21-20 C.R.S. 1963 as amended (1971). further ORDERED that a copy of this ruling shall be filed the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this____.. day of 1972. T'o protect ana tiled in confirmed ismater Tho foregoing ruling and approved, and is mode the Judgment and Decree of this court. 10 y9- 47e Datodt .n Water Judge BY THE REFEREE: Referee Wa er Division No. 5 State of Colorado for all direct, actual, and necessary expenses. arming any action, including the purchase of water state of Colorado to remedy the violation of such cular division engineer in the name of the people rney general, shall apply to the water judge of the tes. If the state engineer and the division engineer fists of the proceeding including the allowance of : § 148-21-36. L. 71: p. 1337, § 2. L. 96: (1)(c), (6), arch 1. Ise •n - tot he v. his ive io- lation of the terms of the Arkansas river coin, pact. A defendant's affirmative defense does not constitute an independent cause of action; there. fore, the rules for whether a plaintiff has stand- ing are inapplicable to defendant under these. circumstances (distinguishing standing cases involving criminal defendants). People ex rel. Simpson v. Highland Irr., 893 P.2d 122 (C010. 1995), aff'd, 917 P.2d 1242 (Colo. 1996). ton who is damaged in his business or property by pursuant to section 37-92-502, the violation of suant to section 37-92-503, may bring an action 1 order in any district court of competent jurisdic- ;ustained and the cost of suit, including reasonable 3: § 148-21-37. PART 6 TION OF ARTICLE roceedings - showings of reasonable diligence. All >r the adjudication of water rights, for a change of :ter matters which are of the type to be handled by shall be concluded by June 1, 1972, in accordance ler which they are instituted, and priorities and mined in such pending proceedings shall be inte- s in their current records and shall be included in tgineers pursuant to the provisions of this article. >ncluded by June 1, 1972, shall be heard from that dge for the division in which the proceedings are r in this article; except that the chief justice of the ;e, other than the water judge, shall complete pro - have filed statements of claim in such pending pro - y time and file applications or otherwise proceed in of reasonable diligence under existing conditional in such pending proceedings shall be made in accor- e, but the time shall be tolled during any period in it was prevented from filing by reason of conditions dings of reasonable diligence shall be filed with the this article. When and if a conditional water right Source: L. 69: p:1218, § 1: C.R.S. 1963: § 148-21-44. L. 70: p. 433, § 5. L. 71: p.1339, § 1. 13: p. 1523, § 3. L. 90: Entire section amended, p. 1626, § 3, effective April 13. Cross references: For making application for th Law reviews. For article, "Oil Shale and Water duality: The Colorado Prospectus Under Feder - State, and International Law", see 58 Den. L J. 715 (1981). For comment, "Town of De segue v. Enewold: Conditional Water Rights • Ind Statutory Water Law", see 58 Den. L.J. 837 1981). The .1969 act provides that pending adjudica- tions under the 19.43 act shall be completed under the provisions of that act until a designat- ed time. Larrick v. District Court, 177 Colo. 237, 493 P.2d 647 (1972). The clear implication from this section is that supplemental adjudications initiated under the 1943 act and completed before July 1, 1972, could continue to be governed by the 1943 act, termination of a water right, see § 37-92-302 (1). provided a claimant did not elect to proceed under the 1969 act, for such a construction is the only reasonable one that can be assigned this section. In re Water Dist. No. 11, Water Div. No. 2, 178 Colo. 160, 496 P.2d 311 (1972). Owner or user of conditional decree of water rights must comply with § 37-92.301(4) and this section and the failure to do so results in the loss of his conditional water rights. Town of De Beque v. Enewold, 199 Colo. 110, 606 P.2d 48 (1980). Applied in In re Water Rights in Water Dist. No. 19, 194 Colo. 510, 574 P.2d 83 (1978); In re Simineo v. Kelling, 199 Colo. 225, 607 P.2d 1289 (1980). 37.92.602. Exemptions - presumptions - legislative declaration. (1) The provisions of [his article, except for sections 37-92-201 and 37-92-202,'shall not be applicable to: (a) Designated ground water basins as defined and established by article 90 of this title; (b) Wells not exceeding fifteen gallons per minute of production and used for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over one acre of home gardens and lawns but not used for more than three single-family dwellings; (c) Wells not exceeding fifteen gallons 'per minute of production and used for drinking and sanitary facilities in individual commercial businesses; (d) Wells to be used exclusively for fire -fighting purposes if said wells are capped, locked, and available for use only in fighting fires; (e) Wells not exceeding fifty gallons per minute which are in production as of May 22, 1971, and were and are used for ordinary household purposes for not more than three sin- gle-family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over one acre of gardens and lawns; and (f) Wells to be used exclusively for monitoring and observation purposes if said wells are capped and locked and used only to monitor water levels or for water quality sampling. (2) With respect to applications filed prior to May 8,1972, the state engineer shall issue a permit for the construction of wells specified in subsection (1) of this section without regard to the provisions of section 37-90-137 (2) and (3) upon submission of an application which shall be accompanied by a fee of five dollars. It is the legislative intent that the exemption in subsection (1) of this section is for an applicant to obtain a water supply for his own use. • (3) (a) Wells of the type described in paragraphs (b) to.(d) of subsection (1) of this sec- tion may be constructed only upon the issuance of a permit in accordance with the provi- sions of this subsection (3). A person desiring to use such a well shall submit an application for a permit accompanied by a fee of twenty dollars for an application under paragraph (c) of this subsection (3) and a fee of sixty dollars for an application under paragraph (b) of this subsection (3). (b) (I) With respect to applications filed on and after May 8, 1972, the state engineer shall first make a determination as to whether or not the exercise of the requested permit will materially injure the vested water rights of others or any other existing well, subject to the provisions of subparagraph (II) of this paragraph (b). If the state engineer finds that the vested water rights of others or any other existing well will be materially injured, he shall 2 hr Water Well I.'est Well sl r,d by prolo-rties Well: •@300' Level: 198' Begining of test Level: 219' End of test GPM: 8 hprndurtinn nf well is greater than 8 gpm. 9n ni Ck /(f Item .F82 Grayarc. P.O. Box 2944, Hartiord, CT 06104-2944 Wheeler Group, Inc.. 1982 500890 B-999 P-244 11/ 1996 04: 13P PG 1 OF 2 REC DOC NOT MILDRED ALSDORF GARFT` . COUNTY CLERK AND RECORDER 11.( QUIT CLAIM DEED THIS DEED , Made this day of November 08, 1996 between LISA KRUIDENIER of the County of GARFIELD and State of Colorado of the first part and RICK BROADHURST FLORENCE ANN BROADHURST, as Joint Tenant RECORDER'S STAMP V t whose legal address is 1418 COUNTY ROAD 107, CARBOMDALE, CO 81623 of the County of GARFIETD and State of Colorado, of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the sun of $10.00 TEN DOLLARS to the said part(ies) of the first part in hand paid by the said part(ies) of the second part, the receipt whereof is here- by confessed and acknowledged, has remised, released, sold conveyed and QUIT CLAIMED, and by these presents do(es) remise, release, sell, convey and WIT CLAIM unto the said part(ies) of the second part, (their) heirs, successors and assigns, forever, all the right, title, interest, claim and demand which is said part(ies) of the first part ha(s) in and to the following described lot or parcel of Land situate, lying and being in the County of GARFIELD and State of Colorado to wit: SEE EXHIBIT "A'( ATTACHED HERETO AND MADE A PART IERREDF: ATTACHED also known as street and nurber 1418 CCAINW ROAD 107, CARBONDALE, CV 81623 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part(ies) of the first part, either in law or equity, to the only proper use, benefit and hehoof of the said part(ies) of the second part, (their) heirs and assigns forever. IN WITNESS WHEREOF, The said part(ies) of the first part ha(s) hereunto set their hand and seal the day and year first above written. Signed, Sealed and Delivered In the Presence of STATE OF COLORylq n County of /_: �i i a I The foregoing instrument was acknowledged before me this day of Nova(ber 08, 1996 ,by LISA KRUIDENIER My commission expires 1-14S/DO LAND TITLE GUARANTEE COMPANY 3033 EAST FIRST AVE. 6600 DENVER, COLORADO 60206 9 .Witness my hand and official seal. (SEAL) (SEAL) (SEAL) C ary Public JANICE L. JOhNVS NOTARY PURL, .,,nraTE.HEQUI Uri# Escrow # COMPUTER CLAIN DEEMYYCDmmiSSIExpires n Ex 80 /2000 • �_V ••/Uoiiaau U4;13P PG 2 OF 2 EXHIBIT A A TRACT OF LAND SITUATED IN SW1/4, SECTION 22, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SW1/4 WHENCE THE WEST 1/4 CORNER OF SAID SECTION 22 BEARS N. 88 DEGREES 45' 30" W. 1135.98 FEET; THENCE S. 04 DEGREES 52' 21" W. 630.23 THENCE S. 87 DEGREES 43' 40" E. 690.00 THENCE N. 04 DEGREES 52' 21" E. 642.67 THE NORTHERLY LINE OF SAID SW1/4; THENCE N. 88 DEGREES 45' 30" W. 690.68 FEET ALONG THE NORTHERLY LINE OF SAID SW1/4 TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO =__ FEET; FEET; FEET TO A POINT ON TOGETHER WITH THE FIRST 5 gallons of water per minute of time produced from a domestic water well situate on property retained by Grantor in Deed recorded in Book 445 at Page 493 and contiguous to the above described parcel of land, together with an easement and right of way for carriage of such water through a 3/4 inch pipe. (9A/ V WSW rtm ao ,on No. -MAR i ;i4 2O M ._- QUIT CLAIM DEED THIS DEED, Made this lien day of March between PHILLIP LACERTE and PATRICIA LACERTE of the 'County of Garfield Colorado, grantor(s). and • RICHARD B. VEIT whose legal address is 0042 Blue Creek Overlook, Carbondale, Colorado 81623 of the County of Garfield 1990 .. and State of ecordcr. BQOK 774 Fr,ETSS MiiAVT''19g0 plain rrpoc: I'au VL and State of Colorado, grantee(s), WITNESSETH, That the grantor(s). for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration -DOLLARS the receipt and sufficiency of which is hereby acknowledged. ha ve remised, released, okl, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the grantee(s), his heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) have in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: All of Grantors' right, title and interest in and to the Stroock Well 111, adjudicated in Case No. W-346, of Water Division No. 5, being the balance of the well and water rights not conveyed, in the deed from Daniel W. Stroock to Leslie R. Roberts and Janis L. Roberts, 445 at Page 493 of the Garfield County records. recorded in Book Also 10 shares in the Park Ditch which shares shall also be transferred by assignment and delivery of share certificates. A kS4 kt1rytm:m4 kt1Fk mxk Wal* f7N4tx TO HAVE AND TO HOLD the same, together with nll and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), tither in law or equity. to the only proper use, benefit and behoof of the grantcc(s), his heirs and assigns forever. IN WITNESS WIIEREOF, The grantor(s) ha ve executed this dccd on the date set forth above. j./. ip Lac 'te 1, Patricia Lacerte STATE OF COLORADO, G 1 A>%b PM ss. County of GARFIELD L-49MIE61= The foregoing instrument was acknowledged before me this I IITL- day of by Phillip Lacerte and Patricia Lacerte. March My commission expires l+ 8' , 19 4 3'. Witness my hand and official seal. OFFICIAL SEAL 1�ip0i1�pKyEA� Vcmle t' &CSMI COUNTY it A 'If in Denver, insert "City and." Notary INAlk ,1990, I! 11 1! i1 1 • 11 I tl • 1 BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 338 Pursuant to C.R.S. 1973, 37-45-131 Rick Broadhurst and Florence Ann Broadhurst (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 sec ., for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following terms and conditions: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use 0.022 cubic feet of water per second from the District's direct flow rights and 1.3 acre feet per year of storage water owned or controlled by the District. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, 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 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 Dis- trict's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. 3. PURPOSE AND LOCATION OF USE: Applicant will use the waters herein granted for beneficial purposes limited to the augmentation of existing and future wells and other water sources, within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described on Exhibit "A" attached hereto; provided that the location and purpose of Appli- cant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: X Domestic/Municipal Industrial _ Commercial _ Agricultural Other Applicant acknowledges that usage of the District's water rights as herein contemplated shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right to use 1111n..J1uNU1.1 uT CI IN TRACT. fm1 1 certain waters. It is acknowledged that certain locations within the District may not be susceptible to service solely by the Districts 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 Districts water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however. in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be solely responsible for providing works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the Water Court in the adjudication thereof. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after 11:IiAVntl'M..JN.uInL LIRC1INOIACf lim 2 said written notice, the District may, at its option, elect to terminate all of the Applicants 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. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district properly organized and existing under and by virtue of the laws of the State of Colorado and then only if such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract, have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of all or any part of the Applicants covenants and agreements herein contained. 7. OTHER RULES: Applicants rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the /111M1Ma1Xnui.W nNI L l r C.I 1q.,Cr run 3 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. 80 CW 253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for exten- sion of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 13. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. 14. WELL SPACING REQUIREMENTS: Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said II WSJmybbnnJNrvU IUR OINTRACf.Iim 4 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. 15. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract. a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. Applicant's Address: 1418 County Road 107 Carbondale, CO 81623 STATE OF COLORADO COUNTY OF GARFIELD ) ss. APPLICANT: Rick Broadhurst Florence Ann Broadhurst Subscribed and sworn to before me this j r] XlAday of Rick Broadhurst and Florence Ann Broadhurst. WITNESS my hand and official seal. My commission expires: My Commission Expires 12/11/2001 iour;. w,.LL arc , 1999, by 5 EXHIBIT A A TRACT OF LAND SITUATED IN SOUTH, RANGE 88 WEST OF THE MORE PARTICULARLY DESCRIBED SW1/4, SECTION 22, TOWNSHIP 7 6TH PRINCIPAL MERIDIAN, BEING AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY SAID WHENCE THE WEST 1/4 CORNER OF SAID SECTION 222 F BEARSSW1/4 N. 88 DEGREES 45' 30" W. 1135.98 FEET; THENCE S. 04 DEGREES 52' 21" W. 630.23 FEET; THENCE S. 87 DEGREES 43' 40" E. THENCE N. 04 DEGREES 52' 21" E. 642.677 FEETlTO A POINT ON THE NORTHERLY LINE OF SAID SW1/4; THENCE N. 88 DEGREES 45' 30" W. 690.68 FEET ALONG THE NORTHERLY LINE OF SAID SW1/4 TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO TOGETHER WITH THE FIRST 5 gallons of water per minute of time produced from a domestic water well situate on property retained by Grantor in Deed recorded in Book 445 at Page 493 and contiguous to the above described parcel of land, together with an easement and right of way for carriage of such water through inch pipe. a 3/4 ORDER GRAM G APPLICATION FOR ALLOTMi l CONTRACT RICK BROADHURST AND FLORENCE ANN BROADHURST CONTRACT NO. 338 Application having been made by or on behalf of Rick Broadhurst and Florence Ann Broadhurst 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 0.022 cubic feet of water per second from the District's direct flow rights and 1.3 acre feet per year of storage 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 to the Contract 2. 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. 3. 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 hereunder at the location and for the purposes hereinabove set forth or the Applicant's water allotment as provided in this Contract shall be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders included 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. The District may establish an augmentation plan fee to be paid by the holder of any 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. 4. 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. 5. 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 - II W1.\BWcDwo MflAuoTORD -1- spacing requirements set f in C.R.S. §37-90-137, as amended, if ;licable. 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. Attest: Approved this 8th day of March; 1999. BASALT WATER CONSERVANCY DISTRICT By: ct t u_ BY: 4atA 1/54t.LA.dc-- Barbara Mick - Secretary ii WX\IIWCO'I UXM.O AI I n!nRD -2- ....."'RESDURCE ..... ■•USU E N G I N E E R I N G I N C. Mr. Robert Noone PO Drawer 39 1001 Grand Avenue, Suite 207 Glenwood Springs CO 81602 RE: Broadhurst Water Service Contract Basalt Water Conservancy District Contract - 3.3.5.338 Dear Bob: April 30, 1999 Rick Broadhurst and Florence Ann Broadhurst have a water service contract in the amount of 1.3 AF annually and 0.022 cfs (10 gpm). The contract covers the diversion requirements for two single family homes and 7,500 SF of irrigation on a tract of land in the SW%s, Section 22, Township 7 South, Range 88 West, 6th P.M. in Garfield County more particularly described in Exhibit A, attached. The well which serves the property is Strook Well No. 1, decreed for 0.022 cfs, domestic, irrigation, stock watering and other beneficial uses in Case No. W-346. The decree is for non-exempt uses (see Office of State Engineer's letter dated March 8, 1999). Well permit No. 37353 was issued for this well but it is apparently expired. The well is co -owned with an adjoining property owner. It appears that the Broadhursts have the first 5 gpm in this well with the neighbor, Mr. Veit, having any remaining water. The results of a pump test provided by you show that the well is capable of yielding at least 8 gpm. The BWCD contract, by virtue of the Substitute Water Supply Plan, could be used to support a new well permit in the amount of 1.3 AF at 0.022 cfs for the uses defined in the contract. A well permit application is pending. However, this would only include the Broadhurst's uses. Any uses of the well by Veit will require an amended BWCD contract and a new well permit. Mr. Veit is represented by Ms. Sherry Caloia. He is naturally concerned about the loss of the potential exempt well permit status and possibly loss of his use of the well. It is their contention that the well qualified for an exempt domestic permit as the only well on a 35 acre tract. However, the decree includes uses not consistent with an exempt well. This is a matter that must be worked out between the two owners. If we can be of any assistance in brining about a solution, please call me. Sincerely, RE CE ENGINEERING, INC. Paul S. Bussone, P.E. Water Resources Engineer PSB/mmm 033-7.0 bn broadhurst338.033.wpd Attachments CC: Lori Satterfield, Esq., w/attachments Sherry Caloia, Esq. w/attachments Consulting Engineers and Hydrologists 909 Colorado Avenue ■ Glenwood Springs, CO 81 601 • [970] 945-6777 ■ Fax (970) 945-1137 500890 B-999 P-244 11/ '996 04:13P PG 1 OF 2 REC MILDRED ALSOORF GARFI 'COUNTY CLERK AND RECORDER )( QUIT CLAIM DEED THIS DEED , Made this day of NOvenber 08, 1996 between LISA KRUIDENIER of the County of GARFIECD and State of Colorado of the firer part end RI(R 13ROADHURST FIARENcs ANN BROADHURST, as Joint Tenant P '1 »X tD RECORDER' S STAMP whose legal address is 1418 COUNTY ROAD 107, CARBONDALE OD 81623 of the County of GARFIELD and State of Colorado, of the second WITNESSETH, That the said party of the first part, for and in consideration of the sum of part. � $10.00 TEN DOLj to the said part(Ies) of the first part in hand paid by the said part(les) of the second part, the receipt whereof is here- by confessed and acknowledged, has remised, released, sold conveyed and QUIT CLAIMED, and by these presents do(es) remise, release, sell, convey and QUIT CLAIN unto the said part(les) of the second part, (their) heirs, successors and assigns, forever, all the right, title, interest, claim and demand which is said pert(ies) of the first pert ha(s) in and to the following described lot or parcel of Land situate, lying and being in the and State of Colorado, to wit: County of GARFIEID SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: ATTACHED also known as street and number 1418 COUNTY ROAD 107, C7(RBJDIDALE, CO 81623 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or In anywise thereunto appertaining, and all the estate, right, title, Interest and claim whatsoever, of the said part(ies) of the first part, either in law or equity, to the only proper use, benefit and behoof of the sold part(les) of the second part, (their) heirs end assigns forever. IN WITNESS WHEREOF, The said pert(les) of the first port he(s) hereunto set their hand and seal the day and year first above written. Signed, Sealed and Delivered In the Presence of STATE OF COLOR/�g�IQQ� County of lf(r�12 I --- The foregoing instrunent was acknowledged before me this day of Nova(ber 08, 1996 ,by LISA KRUIDENIER My commission expires �//S/afb (° LAND TITLE GUARANTEE COMPANY 3033 EAST FIRST AVE. 0600 DENVER, COLORADO 80206 ,19 i ArneL- JANICE L. JOHNS NOTARY PUBL .....I _. er:vasiu , n,e.e. ash, l mr Escrow 0 COMPU221380 QUIT CLAIM IltipeCOmmisssiiioonn Expo 4,15/ 000 .Witness my hand and official seal. C ary Public • At (SEAL) (SEAL) (SEAL) EXHIBIT A /l- 7 rtr 4 or 2 A TRACT OF LAND SITUATED IN SW1/4, SECTION 22, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SW1/4 WHENCE THE WEST 1/4 CORNER OF SAID SECTION 22 BEARS N. 88 DEGREES 45' 30" W. 1135.98 FEET; THENCE S. 04 DEGREES 52' 21" W. 630.23 FEET; THENCE S. 87 DEGREES 43' 40" E. 690.00 FEET; THENCE N. 04 DEGREES 52' 21" E. 642.67 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SW1/4; THENCE N. 88 DEGREES 45' 30" W. 690.68 FEET ALONG THE NORTHERLY LINE OF SAID SW1/4 TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO =__ TOGETHER WITH THE FIRST 5 gallons of water per minute of time produced from a domestic water well situate on property retained by Grantor in Deed recorded in Book 445 at Page 493 and contiguous to the above described parcel of land, together with an easement and right of way for carriage of such water through a 3/4 inch pipe. sAk BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 338 Pursuant to C.R.S. 1973, 37-45-131 Rick Broadhurst and Florence Ann Broadhurst (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 g., for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following terms and conditions: 1. QUANTITY: In consideration of the covenants and conditions herein contained. Applicant shall be entitled to receive and apply to beneficial use 0.022 cubic feet of water per second from the Districts direct flow rights and 1.3 acre feet per year of storage water owned or controlled by the District. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, or other decrees or water rights hereafter acquired by the District, including the Districts 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 Applicants 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 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 Districts delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the Dis- trict's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. 3. PURPOSE AND LOCATION OF USE: Applicant will use the waters herein granted for beneficial purposes limited to the augmentation of existing and future wells and other water sources, within or through facilities or upon lands owned, operated, or served by Applicant. which lands are described on Exhibit "A". attached hereto; provided that the location and purpose of Appli- cant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: X Domestic/Municipal _ Industrial _ Commercial _ Agricultural Other Applicant acknowledges that usage of the Districts water rights as herein contemplated shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own. the right to use 11 NIIK`imaTT linnols,.A II.I IT CI flirts 1 certain waters. It is acknowledged that certain locations within the District may not be susceptible to service solely by the Districts 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 Districts water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided. however. in the event any such adjudication involves more of the Districts water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be solely responsible for providing works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the Districts decrees. may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event. the District shall have the right to approve the Applicants augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the Water Court in the adjudication thereof. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made. in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant, among other things. of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after 11 I1K.11•01 .tin,l LIPT CC CT lint 2 said 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. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district properly organized and existing under and by virtue of the laws of the State of Colorado and then only if such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion. but less than all, of the Applicant's property to be served under this Contract, have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 7. OTHER RULES • Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the 11 U)KnrAl II,rCllel,ImAC, lm 3 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. 80 CW 253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for exten- sion of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 13. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. 14. WELL SPACING REQUIREMENTS: Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended. if applicable. Compliance with said 11 VI\'Jwa.MWmnvinir rn VIRACT fon 4 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. 15. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract. a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. Applicant's Address: 1418 County Road 107 Carbondale, CO 81623 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) APPLICANT: Rick Broadhurst om Florence Ann Broadhurst Subscribed and sworn to before me this j r] kAdav of (n'\ c rc k. , 1999, by Rick Broadhurst and Florence Ann Broadhurst. WITNESS my hand and official seal. My commission expires My Commission Expires 12/11/201 II ` I ,K.uku knteuturg s W i f CI in flACT 5 EXHIBIT A A TRACT OF LAND SITUATED IN SW1/4, SECTION 22, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SW1/4 WHENCE THE WEST 1/4 CORNER OF SAID SECTION 22 BEARS N. 88 DEGREES 45' 30" W. 1135.98 FEET; THENCE S. 04 DEGREES 52' 21" W. 630.23 FEET; THENCE S. 87 DEGREES 43' 40" E. 690.00 FEET; THEN NORTHERLY L NECE N. 04 EOF SAIDES 52' 2SW1/4; 642.67 FEET TO A POINT ON THENCE N. 88 DEGREES 45' 30" W. 690.68 FEET ALONG THE NORTHERLY LINE OF SAID SW1/4 TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO =__ TOGETHER WITH THE FIRST 5 gallons of water per minute of time produced from a domestic water well situate on property retained by Grantor in Deed recorded in Book 445 at Page 493 and contiguous to the above described parcel of land, together with an easement and right of way for carriage of such water through a 3/4 inch pipe. ORDER GRAN' TG APPLICATION FOR ALLOTIV 7 CONTRACT RICK BROADHURST AND FLORENCE ANN BROADHURST CONTRACT NO. 338 Application having been made by or on behalf of Rick Broadhurst and Florence Ann Broadhurst 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 0.022 cubic feet of water per second from the District's direct flow rights and 1.3 acre feet per year of storage 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 to the Contract 2. 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. 3. 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 hereunder at the location and for the purposes hereinabove set forth or the Applicant's water allotment as provided in this Contract shall be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders included 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. The District may establish an augmentation plan fee to be paid by the holder of any 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. 4. 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. 5. 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 - 11 LLIc WCVJDR4StkILIT 1111D -1- spacing requirements set fi in C.R.S. §37-90-137, as amended, if licable. 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 8th day of March, 1999. BASALT WATER CONSERVANCY DISTRICT BY:(e/tit`�c. Attest: Barbara Mick - Secretary II IIAVIWrTIo -2- 7T v\l J' 'til 1.'a67* OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Strcrt-Room 818 Denver. Colorado 80203 (303) 866-3581 arErba,"1a ie Mr. Andrew C. McGregor Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Veit Exemption NW1/4 SW1/4 Sec. 22, T75, R88W and NEI/4 SE1/4, Sec. 21, T7S, R88W JEWS A. DANIFI SON Slate Engineer Dear Mr. McGregor: We have reviewed the above referenced proposal to divide 80 acres into two parcels of 70 and 10 acres. There are two wells on the proposed 70 acre parcel. One has an existing permit (No. 108662) and was decreed in Case No. 85rW145 for domestic purposes inside three single-family dwellings by a Mr. Steven Low. We understand that it is used to supply water to another tract to the south of this property and is not used on this tract. The other well is to be shared between the two proposed parcels created by this exemption. The permit (No. 37353) for this well has expired. The well was decreed in Case No. W-346 for domestic, stock watering, the irrigation of 10 acres, and other beneficial uses. Sharing this well would constituteexpanding the use of a well decreed for non-exempt uses. This could not be done until the decree is amended in Water Court. We cannot guarantee that the decree could be amended to allow for the proposed uses. If the decree is amended to ordinary household purposes inside two single-family dwellings, the '._:eying of domestic animals and the irrigation of not more than one acra of lawns and gardens, then a permit may be issued for the well upon r.�Iief appliCac,va. , Another alternative would be to vacate the 1972 decree for the well. Once the decree is vacated, we could issue a new permit for the well as the only well on a 35 acre tract for the above described exempt uses. Until a permit for the proposed uses is obtained for the existing well, we cannot recommend approval of this proposal. Since the applicants propose to share this well between the two lots, we also recommend the following: 1. The well should be located.on an outlot owned in common by all property owners using the well. Access to the well and the right to establish and maintain a pipeline shall be provided by easements where necessary. /G� drew McGregor Page 2 - 9 2. The well should be jointly owned by the lot owners. 3. Covenants and/or other mechanisms should establish a lot owners association with the authority to make decisions concerning management and operation of the well. A joint maintenance agreement is a required part of such an association. If you have any questions concerning this response, please call me. JCM/clf:6199I cc: Orlyn Bell, Division Engineer Bruce DeBrine dSicerely, es C. McDanold, P.E. Senior Water Resources Engineer Clem •F82 Grayaze P.O. Box 2944, Hartford, CT 081042944 O Wheeler Grouo.6x- 1982 D.2 0 2 hr Well Test Well shared by Rrnnerties 5n nn Well: @300' Water Level: 198' Begining of test Level: 219' End of test GPM: 8 Prndnrtinn of well is greater than 8 gpm ?? 0.65 Ok -w 7(1 Clem •F82 Grayaze P.O. Box 2944, Hartford, CT 081042944 O Wheeler Grouo.6x- 1982 D.2 0 ED 1741ER REFEREE (Jvi::a No. 5 .UN 91972 OF pOltnuo IT:It It 'I:Itt:6 IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. W-346 IN THE MATTER OF THE APPLICATION ) FOR WATER RIGIITS OF DANIEL W. ) AMENDED RULING STROOK IN THE ROARING FORK ) 'OF REFEREE RIVER IN GARFIELD COUNTY FILED IN WATER COURT Division No. 5 JUN 0 91972 zeSTATE OF CQLgRAno. kaol.) [L,�i'eitadii WW1°. CL el,Y OW Cr, Sees The above entitled matter having been referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 1st day of July, 1971, in accordance with Article 21 of Chapter 148, Colorado Revised Statutes 1963, as amended (Chapter 373 S.L. Colo. 1969), known as The Water Rights Determination and Administration Act of 1969, and again by Order of the Water Judge on the 18th day of May, 1972. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application and statements of opposition are true and having become fully advised with respect to the subject matter of the application and statements of opposition does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1 The statements in the application are true. 2. The name of the structure is Strook Well No. 1. 3. The name of claimant and address is: Daniel W. Strook, Carbondale, Colorado. 4. The source of water is a well having a depth of 350 feet. 5. The legal description of the location of the well is: The well is located at a point whence the Southwest Corner of Section 22, T. 75., R. 88W. of the 6th P.M. bears S. 30°57'28" W. a distance of 2030.21 feet. 6. The proposed use of the water is domestic, irrigation, stock watering and other beneficial uses. 7. The date of initiation of appropriation is April 9, 1969. 8. The amount of water claimed in cuhic feet per second of time is 0.022 cubic foot per second of time. 0044 9. Permit No. 37353 was issued by the Office of the State Engineer on April'9, 1969. 10. The water in used to irrigate 10 acres of land in said Section 22. 11. Applicant has withdrawn his claim to replacement water from Green Mountain Reservoir. . -02a-