HomeMy WebLinkAbout1.0 ApplicationISOM & ASSOCIATES
Architecture Land Planning Project Management
January 17, 2005 (Revised October 16, 2007)
Craig Richardson, Senior Planner
Garfield County
Building and Planning Department
108 8th Street Suite 401
Glenwood Springs, CO 81601
Re: Special Use Permit for Bair Ranch
Dear Planning Office:
Accompanying is an application for a Special Use Permit for the Bair Ranch in
conformance with Garfield County Land Use Regulations. The Special Use requested is
"Resorts" under Section 3.02.03, Uses, Special, of the AgriculturaU Residential/Rural
Density Zoning, Section 3.02. The "Resort" definition under Section 2.02.448 applies for
all uses. Bair Ranch is located in Glenwood Canyon accessing off of I-70. The Ranch
has historically been used for hunting and boarding of hunters during the hunting season
as well as horse back riding, sport recreational vehicle tours, hay rides, and special events
such as family gatherings and weddings. The property operates under the name High
Country Adventures.
The Bair Ranch has been placed under a "Perpetual Conservation Easement" in an
Agreement reached with the Bureau of Land Management of June, 2004. A copy of that
Agreement is attached for your perusal. The Agreement covers approximately 1,524
acres in Garfield County located about 12 miles east of Glenwood Springs on the
southern side of Interstate Highway 70 at the eastem end of Glenwood Canyon. The
Agreement very specifically addresses the allowed uses of the Bair Ranch and any future
development. This application for a Special Use Permit includes the uses and
development allowed under the agreement with the BLM. The area of the Special Use is
located in Township 5S, Range 87 W, Sections 15, 22, 23, 26, and 27 of the 6th P.M.
Under the Agreement, the Future Land Uses are defined on page 16 and in Figure 7 of the
attached Agreement. The uses listed are:
P.O. Box 9 Eagle, Colorado 81631 (970) 328-2388 FAX (970) 328-6266
ieGARFIELD COUNTY
Building & Planning Department
108 8`h Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
Special Use Permit
GENERAL INFORMATION
(To be completed by the applicant.)
> Street Address / General Location of Property: 66418 Hwy 6 Glenwood Springs
Colorado 81601. Exit 129 on I-70
D LegalDeSCrlption: Township 55 Range 87W, Sections 15,22,23,24,25,26
35,36, Township 55 Range 87W Sections 19,20,29,30,31,32 all
Existing Use & Size of Property in acres: Farming, Ranching 4500+
D Description of Special Use Requested: Horseback riding, snowshoeing,guid
outfitting, fishing, ATV & snowmobiling,hayrides, tours camping
and cabin facilities
> Zone District: Agriculture
> Name of Property Owner (Applicant): James Craig Bair Family
> Address: 66418 Hwy 6 Telephone: 970-945-7388
> Clty: Glenwood Springs State: co Zip Code: 81601 FAX: 970-945-73
> Name of Owner's Representative, if any (Attorney, Planner, etc):
Stephen Isom, Isom & Associates
> Address: P.O. Box 9 Telephone: 970-328-2388
> City: Eagle State: co Zip Code: 81631 FAX: 970-328-62
> Doc. No.:
STAFF USE ONLY
Date Submitted: TC Date:
> Planner: Hearing Date:
ng
8
66
Future Land Use
The property will continue to be used primarily for sheep ranching for the foreseeable
future. Guest ranching will also continue. Permitted uses include guest lodging, hunting,
camping in the Ranch Building areas, horseback riding, snow -shoeing, guiding,
outfitting, fishing, ATV and snowmobile tours on existing roads, and hay rides.
The Conservation Easement states that existing buildings can be maintained,
reconstructed, and in some eases enlarged by 10%. Grantor may construct one
large new barn and two new cabins in the Ranch Headquarters area. Grantor may
construct two new cabins in the Spruce Lodge Ranch Building Area. Grantor
may relocate two existingcabins to within the Wapiti area. The Easement
identifies three possible Home Sires, (Figure 7). Houses can be built in the three
Home Sites subject to certain restrictions contained in the conservation easement.
To bring the Future Land Uses of the Agreement into conformity with the Special Uses
of a "Resort" in Garfield County would require a Special Uses Permit. The uses
requested in the Special Use are as follows:
1. Dude Ranch or Guest Ranch for hunting, fishing, cross country or trail
skiing on the entire parcel.
2. Horse back riding, hay rides, ATV and snowmobile tours on existing
roads on the entire parcel.
3. Two new cabins at the Ranch Headquarters and two new cabins in the
Spruce Lodge Ranch Building Area. Two cabins may be relocated
within the Wapiti Area. The total guest accommodations shall not
exceed twelve (12) dwelling units or forty-eight (48) beds or visitor
capacity. These are 2 existing lodges/guest houses at Spruce Creek
Lodge Area, and 2 cabins at the Wapiti Cabins Area.
4. Day use for weddings, corporate retreats, family gatherings or similar
uses not to exceed 100 people per unit.
5. The dining facilities and commissary to serve the above uses.
It is understood that the three possible Home Sites listed in the Agreement are not Special
Uses but Use by Right in the A/R/RD Zone if on separate parcels. These three home -
sites will be dealt with separately at a future date.
All structures to be built will be subject to Garfield County Regulations and Building
Permits.
See attached maps locating all proposed uses or structures.
Per the Application Schedule Requirements, the following are addressed:
1. The hours of operation on the project vary according to the use but generally
from 8:00 am in the morning to 8:00 pm in the evening in the summer and
8:00 am in the morning to 5:00 pm in the afternoon in the winter. The
maximum number of vehicles accessing the site are according to the use but
maximum would be 50 per day. Most days are more in the 5 to 10 vehicle
range. Only a wedding party or large family gathering are in the 50 vehicle
range. High County Adventures uses the existing structures on site which
include a picnic area on the upper bench in Section 15 of Township 5 south,
Range 87 West of Principal Meridian. All of the uses on site are shown on the
attached site plan and their approximate location on the property. It should be
remembered that the overall Ranch is approximately 4500 acres. All of the
electrical power to the different facilities are already in place. One 25 foot
panel truck delivers supplies every week during the spring and summers.
There would be a maximum of one truck per day in the future.
2. The water for all of the uses are from existing wells on site. See attached list
of Water Rights Appurtenant to the Bair Ranch. All the water rights listed are
tributary to the Colorado River with no injury to adjacent property owners.
See attached Decree for the Water Rights of May 23, 2007. Waste water is
treated through existing individual Septic Disposal Systems (ISDS). All new
ISDS systems will be built to Garfield County standards.
3. The boundaries of the property are shown on the attached maps. Figure 2
shows the property boundary & figure 3 the adjacent properties. All buildings
have been located on the 11x17 site plan. The main access is from I-70. The
access from I-70 is unrestricted per the attached Court Case settlement signed
by the Colorado Attorney General. A copy of he Union Pacific Railroad
crossing permit is attached.
4. A vicinity map is attached showing the topography of the site from the USGS
Maps. This is all located on the Shoshone Quadrangle of the USGS Map.
5. Figure 3 is attached showing the property. All adjacent property owners are
BLM and Forest Service as shown on a copy of the relevant Forest Service
map for the White River National Forest. There are no mineral rights for the
property. Adjacent property owners are listed on a separate sheet.
6. The legal description of the property is attached showing the overall
ownership of the Bair Ranch as owned by James Craig & Doris Bair. The
property has been in the family for generations, there are no deeds.
7. Attached is a written permission from Craig & Doris Bair to act as an agent on
their behalf.
8. The following statements respond to the criteria from Section 5.03 of the
Zoning regulations.
1. The utilities are adequate to provide water and sanitation service based on
accepted engineering standards for the project. This is agricultural
property that has existing wells, springs and septic systems on the site.
Zancanella & Associates have been hired to provide engineering
assessments of existing water supply and septic systems.
2. The access from I-70 is adequate to accommodate the traffic volume
generated by the proposed use which is estimated to be a maximum of 50
vehicles per day. There is adequate parking at the main barn and ranch
house for all guests to the property. One truck 25 foot long supplies the
site once per week in the summer. In the future there will not be more
than one truck per day for Special Use functions.
3. The design of the proposed use has no impact on adjacent uses of land.
All of the uses are approved by the various open space groups that
recently purchased the rights for development on the Bair Ranch. The
only signage on site is at the bridge accessing from the I-70 Bair Ranch
Rest Area.
9. There are no known uses on the site that would require special review under
the Garfield County Regulations.
10. A $400 base fee is attached. The "Agreement for Payment" form is signed
and also attached.
11. Two copies of this completed application form and all required materials are
being submitted to Building and Planning Department. Additional copies will
be submitted once the staff has reviewed the application.
If there are any questions concerning the above, please contact this office.
Sincerely Yours,
Stephe . som
Cc: James Craig & Doris Bair
K404SpecialUsePennit 1016
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ADJACENT PROPERTY OWNERS
BAIR RANCH
LeGrande & Kathy Bair
1180 North 1200 West
Monroe, UT 84754
Jerald & Karl Mayne
912 Mayne Street
Gypsum, CO 81637
Crystal River Ranch Co.
555 1711 St Ste 2400
Denver, CO 80202-3941
Bureau of Land Management
50629 Highway 6 and 24
Glenwood Springs, CO 81601
Union Pacific Railroad Company
1400 Douglas, Stop 1640
Omaha, NE 68179-1640
State of Colorado
Department of Highways
4201 E. Arkansas Ave.
Denver, CO 80222-3406
Dean & Lois Walker LP
P.O. Box 43
Gypsum, CO 81637
LeGrande Bair Ranch Co
904 Mayne St
Gypsum, CO 81637
K404AdjacentPropertyOwnersal00807
APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, specifically respond to all the following items below and attach any additional information to
be submitted with this application:
1. Please submit, in narrative form, the nature and character of the Special Use requested.
Submit plans and supporting information (Le. letters from responsible agencies). Include
specifications for the proposed use including, but not limited to, the hours of operation, the
number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and
the size and location of any existing and/or proposed structures that will be used in. conjunction
with the proposed use, and provisions for electric power service and any other proposed utility
improvements. 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 supply information, including a water allotment contract or an approved water
augmentation plan to demonstrate that you have legal and adequate water for the proposed
use.
3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all
existing and proposed structures on the property, and the County or State roadways within one
(1) mile of your property. If you are proposing a new or expanded access onto a County or
State roadway, submit a driveway or highway access permit.
4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S.
1.;24,000 scale quadrangle map will suffice.
5. Submit a copy off the appropriate portion of a Garfield County Assessor's Map showing all
mineral rights owners of the subject property and public and private landowners adjacent to
your property (which should be delineated). In additional, submit a list of all property owners
and their addresses adjacent to or within 200 ft. of the site. This information can be obtained
from the Assessor's Office.
6. Submit a copy of the deed and a legal description of the subject property.
7. If you are acting as an agent for the property owner, you must attach an acknowledgement
from the property owner that you may act in his/her behalf.
8. Submit an statement that specifically responds to each of the following criteria from Section
5.03 of the Zoning Regulations:
(1) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall either
be in place or shall be constructed in conjunction with the proposed use.
(2) Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in place or
shall be constructed in conjunction with the proposed use;
(3) Design of the proposed use is organized to minimize impact on and from adjacent
uses of land through installation of screen fences or landscape materials on the periphery
of the lot and by location of intensively utilized areas, access points, lighting and signs in
such a manner as to protect established neighborhood character;
9. Depending on the type of Special Use Permit requested, you may need to respond to
additional review standards in the Garfield County Zoning Resolution Section 5.00
[Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 &
5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific
sections of the Zoning Resolution which can be located on the Garfield County web site at
http://www.garfield-countv.com/building and planning/index.htm, or information can be
obtained from this office .
10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the
fee with the application.
11. Submit 2 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the Special
Use Permit application has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
(The following steps outline how the Special Use Permit Application review process works in
Garfield County.)
1. Submit this completed application form, base fee, and all supplemental information to the
Garfield County Planning Department. It will be received and given to a Staff Planner who
will review the application for technical completeness.
2. Once the application is deemed technically complete, the Staff Planner will send you a
letter indicating the application is complete. In addition, Staff will also send you a "Public
Notice Form(s)" indicating the time and date of your hearing before the Board of County
Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum
regarding your requested Special Use. (If Staff determines you application to be deficient,
a letter will be sent to you indicating that additional information is needed to deem your
application complete.)
3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the
requested Special Use and the public hearing. If proper notice has not occurred, the
public hearing will not occur. Notice requirements are as follows:
a. Notice by publication, including the name of the applicant, description of the subject
lot, a description of the proposed special use and nature of the hearing, and the
date, time and place for the hearing shall be given once in a newspaper of general
circulation in that portion of the County in which the subject property is located at
least thirty (30) but not more than sixty (60) days prior to the date of such hearing,
and proof of publication shall be presented at hearing by the applicant.
b. Notice by mail, containing information as described under paragraph (1) above,
shall be mailed to all owners of record as shown in the County Assessor's Office of
lots within two hundred feet (200') of the subject lot and to all owners of mineral
interest in the subject property at least thirty (30) but not more than sixty (60) days
prior to such hearing time by certified return receipt mail, and receipts shall be
presented at the hearing by the applicant.
c. The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning Department.
The posting must take place at least thirty (30) but not more than sixty (60) days
prior to the hearing date and is the sole responsibility of the applicant to post the
notice, and ensure that it remains posted until and during the date of the hearing.
4. The Applicant is required to appear before the Board of County Commissioners at the time
and date of the public hearing at which time the Board will consider the request. In addition,
the Applicant shall provide proof, at the hearing, that proper notice was provided.
5. Once the Board makes a decision regarding the Special Use request, Staff will provide the
Applicant with a signed resolution memorializing the action taken by the Board. Following
the Board's approval, this office will issue the Special Use Permit to the applicant. If the
Board's approval includes specific conditions of approval to be met, this office will not issue
the Official Special Use Permit certificate until the applicant has satisfied all conditions of
approval. The Special Use Permit approval is not finalized until this office has issued the
Official Special Use Permit certificate signed by the Chairman of the Board of County
Commissioners.
I have read the statements above and have provided the required attached information
which is correct and ac urate to the best of my knowledge.
gnatur: of appli ¶nt/owner)
.10
Last Revised: 11 07/2002
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and L CQ i q -i Ti o a t s Gi I f
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for I {'1 C. i r R an r,h C kg)
+ 9k Coun+rtf aavert-h frr S (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for
the administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision
plan.
APPLICANT
SignaS „ Trnasccttign1Toris E0 r
/o//G/07
Date:
Sitio p \-\ers .LSoM
Print Name
Mailing Address:?. O 0 IC q
FFag1P, Co SUo31
10/2004
Page 4
Form No.
GWS -25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
LIC
WELL PERMIT NUMBER 243329 -
DIV. 5 WD53 DES. BASIN MD
JAMES CRAIG. BLAIR
66418 HWY 6
GLENWOOD SPRINGS, CO 81601-
(970) 945-7388
PERMIT TO CONSTRUCT A WELL
r
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1/4 SE 1/4 Section 16
Township 5 S Range 87 W Sixth P.M.
DISTANCES FROM SECTION LINES
2000 Ft. from South Section Line
2900 Ft. from West Section Line
UTM COORDINATES
Northing: Easting:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL:
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
3) Approved' pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40.00 acres described as the NW 1/4
of the SE 1/4, Sec. 16, Twp. 5 S, Rng. 87 *, Sixth P.M., Garfield County.
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than
three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the
irrigation of not more than one (1) acre of home gardens and lawns.
5) The maximum pumping rate of this well shall not exceed 15 GPM.
6) The retum flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is retumed to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit g/yy/o y
APPROVED
JSG
Receipt No. 0495310A
State Engineer
DATE ISSUED AA � _-___ B EXP TION DATE AUG 2 41004
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REFERENCE:
++Ran RANCH CMECKIOStS
TOTAL RECEIVED
.112.41-111-12
3471D ..1
'y271a a
TAX TAY PAYMENT WROLE
TAX u_TA f;• PAYMENT 848.59
ALL CHECKS St -JET":' TO FINAL
THANK YO J_ - farUeIA conwIty
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DESCRIPTION OF BUILDING AREAS ON THE BAIR RANCH
GARFIELD PROPERTY
HEADOUARTERS BUILDING AREA:
An area of not more than forty (40) acres, located in the South 1/2 of Section 15,
and North 1/2 of Section 22, T5S, R87W,
FAMILY RETREAT AREA: J. Golden Bair Homestead Cabin on Spruce Creek in
Section 23, T5S, R87W. Two (2) acres in size.
HOME SITES:
H-1. Home Site 1. South 1/2 of Section 15, T5S, R87W. Three (3) acre site,
which may not be designated as the Larger Home Site. Grantor shall plant and maintain
trees or other vegetation to screen Home Site H-1 from Interstate 70 at such time as the
residence is constructed. This site may only be used for a single-family residence or the
duplex.
11-2. Home Site 2. South 1/2 of Section 15, T5S, R87W. Three (3) acre site or,
if properly designated as the single Larger Home Site, a ten (10) acre site. This site may
be used as the larger home site, for a single-family home or the duplex.
H-3. Home Site 3. Near center of Section 22, T5S, R87W. Three (3) acre site
or, if properly designated as the single Larger Home Site, a ten (10) acre site. Within this
area the Grantor may construct a shed to house a hydroelectric generator and related
facilities for small-scale generation of hydroelectricity to be used to provide power only
for this area H-3. This site may be used as the larger home site, for a single-family home
or the duplex.
Only one duplex is permitted on the Property.
RANCH BUILDING AREAS:
RB -1. Hunting Cabin Area, Sec. 22, T5S, R87W. Three (3) acres in size.
RB -2. Wapiti Cabin Area, Sec. 22, T5S, R87W. Ten (10) acres in size.
RB -3. Spruce Creek Lodge Area, Sec. 23, T5S, R87W. Twenty (20) acres in size.
BUILDINGS LOCATED ON THE BAIR RANCH GARFIELD
PROPERTY
Residential Parcel
1. House with two stories (2,980 square feet)
2. Large Detached Garage with driveway through it (1,410 square feet)
3. Child's play house / small fort (58 square feet)
4. Grain shed, frame construction (64 square feet)
5. Machine shed- office, frame construction (1,849 square feet)
6. Shed, frame construction, resting on ground (80 square feet)
7. Outhouse, frame construction, (29 square feet)
8. Quonset hut, corrugated steel construction, (1,620 square feet)
9. Lean -to -shed, frame construction, (336 square feet)
Ranch Headquarters Area
1. Two large barns, one with connected lambing shed. Each barn is effectively two
stories, each with a height of 21 feet, 9 inches. The barns have 1,200 and 2,009
square feet of enclosed space each. The lambing shed is single story and has 712
square feet of enclosed space.
2. House with living quarters in rear (part of garage). This house is occupied pursuant
to a life estate described in paragraph (g) of the Quitclaim Deed recorded on
December 29, 1995, in Book 962 at Page 849, as Reception No. 487098 of the
records of the Garfield County, Colorado, Clerk and Recorder, and on January 17,
1996 in Book 686 at Page 22, as Reception No. 582025 of the records of the Eagle
County, Colorado, Clerk and Recorder. This Easement is subject to the life estate of
Thelma C. Bair to use the second house.
3. Detached 2 -car garage (1,439 square feet)
4. Small horse shed (234 square feet)
5. Old shed — saddle shop (639 square feet)
6. Three -door equipment shed (1,344 square feet)
7. Two old agricultural lean-to structures (808 and 752 square feet)
8. Tee pee
Family retreat area
1. Old homestead cabin with attached shed, one story, log construction, 540 square feet
of enclosed space in cabin and 378 square feet of enclosed space in shed
2. Old homestead cabin, dilapidated, one story, log construction, no roof, 570 square
feet
3. Outhouse, dilapidated, frame construction, 25 square feet
Spruce Creek lodge area
1. Lodge, two story, log construction (2,152 square feet, foot print)
2. Caribou cabin, one story log construction, 768 square feet of enclosed space
3. Hydroelectric facility, one story, 135 square feet of enclosed space
4. Gazebo, one story, open on all sides, north of lodge (216 square feet)
5. Gazebo, one story, open on all sides, over pond (216 square feet)
Hunting cabin area
1. Two hunting cabins, one story, frame construction, each with 864 square feet of
enclosed space plus porch
2. Travel trailer, not permanently moored to the ground
3. Open 3 -sided metal shed
4. Small generator building
5. Percy cabin — North of hunting cabin
6. Tool shed
Wapiti cabins area
1. Three cabins, one story, frame construction, each with 96 square feet of enclosed
space
2. Two cabins, one story, frame construction, each with 96 square feet of enclosed
space; these two cabins are currently located about'' 'A mile south of the Wapiti cabins
area and are allowed to be moved to the Wapiti area on or before 10/1/2005.
3. One cook cabin, one story, frame construction, 108 square feet of enclosed space
4. One bath house, one story, frame construction, 432 square feet of enclosed space
5. Two covered picnic areas, two story, wood construction, each with 918 square feet of
covered space
LEGAL DESCRIPTION OF BAIR RANCH GARFIELD PROPERTY
Garfield County, Colorado:
Township 5 South, Range 87 West of the 6th Principal Meridian:
Section 15: Tract 39; that portion of Tract 40B in Section 15; that portion of
Tract 41 in Section 15; and Lot 16.
Section 22: That portion of Tract 40B in Section 22; that portion of
Tract 41 in Section 22; Tract 43; Lots 2, 3, 5, 6, 7 and 8; W1/2
W1/2 and SE1/4 SW1/4.
Section 23: NW1/4 NW1/4; S1/2 NW1/4; SW1/4; that portion of the S1/2
SE1/4 lying in Garfield County.
Section 26: That portion of the N1/2 N1/2 lying in Garfield County.
Section 27: N1/2 N1/2; S1/2 NWI/4; N1/2 SW1/4; and SW1/4 SW1/4.
Together with that certain 2.1331 acre parcel described in the Deed recorded on
July 13, 1981 in Book 576 at Page 656 as Reception No. 316904, (b) that certain 1.036
acre parcel of land described in the Deed recorded on May 29, 1985 in Book 669 at Page
332 as Reception No. 362043, and (c) that certain 8.237 acre parcel of land described in
the Deed recorded January 22, 1992 in Book 882 at Page 121 as Reception No. 430980,
all in Garfield County, Colorado records (collectively referred to as the "Residential
Parcel").
WATER RIGHTS APPURTENANT TO THE BAIR RANCH
GARFIELD PROPERTY
(Page 1 of 4)
Any and all water rights, ditches, and other water facilities on or associated with the
James Craig Bair Garfield Property, including specifically those water rights described as
follows (however, Grantor makes no warranties or representations as to the legal title to
or physical availability of the water rights):
1. Spruce Creek No. 1 Ditch: Administration Number: 29437.18382;
date: 08/30/1946; Appropriation date: 04/30/1900; Case No. 1038;
from Spruce Creek;
2. Spruce Creek No. 2 Ditch: Administration Number: 29437.18874;
date: 08/30/1946; Appropriation date: 09/04/1901; Case No. 1038;
from Spruce Creek;
3. Spruce Creek No. 3 Ditch: Administration Number: 29437.18458;
date: 08/30/1946; Appropriation date: 07/15/1900; Case No. 1038;
from Spruce Creek;
4. Spruce Creek No. 4 Ditch: Administration Number: 29437.18736;
date: 08/30/1946; Appropriation date: 04/19/1901; Case No. 1038;
from Spruce Creek;
5. Spruce Creek No. 5 Ditch: Administration Number: 31532.00000;
date: 08/30/1946; Appropriation date: 05/01/1936; Case No. 1038;
from Spruce Creek, Headgate No. 4;
6. Spruce Creek No. 5 Ditch: Administration Number: 31532.00000;
date: 08/30/1946; Appropriation date: 05/01/1936; Case No. 1038;
from Spruce Creek, Headgate No. 2;
7. Spruce Creek No. 5 Ditch: Administration Number: 31532.00000;
date: 08/30/1946; Appropriation date: 05/01/1936; Case No. 1038;
from Spruce Creek, Headgate No. 1;
8. Spruce Creek No. 5 Ditch: Administration Number: 31532.00000;
date: 08/30/1946; Appropriation date: 05/01/1936; Case No. 1038;
from Spruce Creek, Headgate No. 3;
Adjudication
2.1700 CFS
Adjudication
0.8200 CFS
Adjudication
1.4700 CFS
Adjudication
2.3200 CFS
Adjudication
1.1600 CFS
Adjudication
1.1600 CFS
Adjudication
1.1600 CFS
Adjudication
1.1600 CFS
WATER RIGHTS APPURTENANT TO THE BAIR RANCH
GARFIELD PROPERTY
(Page 2 of 4)
9. Allen Ditch: Administration Number: 17676.00000; Adjudication date:
06/18/1902; Appropriation date: 05/24/1898; Case No. 406; 90% of the 0.4100
CFS from Ike Creek;
10. Allen Ditch: Administration Number: 17676.00000; Adjudication date:
06/18/1902; Appropriation date: 05/24/1898; Case No. 1038; 90% of the 0.5400
CFS from Ike Creek;
11. Allen Ditch: Administration Number: 17676.00000; Adjudication date:
06/18/1902; Appropriation date: 05/24/1898; Case No. 406; 90% of the 0.5400
CFS from Ike Creek;
12. Allen Ditch: Administration Number: 29437.25322; Adjudication date:
08/30/1946; Appropriation date: 05/01/1919; Case No. 1038; 90% of the 6.9200
CFS from Ike Creek;
13. Barrier Ditch: Administration Number: 14934.13635; Adjudication date:
06/18/1902; Appropriation date: 05/01/1887; Case No. 406; 0.1600 CFS from Ike
Creek;
14. Barrier Ditch: Administration Number: 14934.13635; Adjudication date:
06/18/1902; Appropriation date: 05/01/1887; Case No. 406; 0.6400 CFS from Ike
Creek;
15. Barrier Ditch: Administration Number: 14934.13635; Adjudication date:
06/18/1902; Appropriation date: 05/01/1887; Case No. 406; 0.0400 CFS from Ike
Creek;
WATER RIGHTS APPURTENANT TO THE BAIR RANCH
GARFIELD PROPERTY
(Page 3 of 4)
16. Barrier Ditch: Administration Number: 14934.13635; Adjudication date:
06/18/1902; Appropriation date: 05/01/1887; Case No. 1038; 0.0400 CFS from
Ike Creek;
17. Barrier Ditch: Administration Number: 29437.25540; Adjudication date:
08/30/1946; Appropriation date: 12/05/1919; Case No. 1038; 1.8800 CFS from
Ike Creek;
18. East Lateral Ditch: Administration Number: 29437.25345; Adjudication date:
08/30/1946; Appropriation date: 05/24/1919; Case No. 1038; 3.3000 CFS from
Ike Creek;
19. Embedee Ditch: Administration Number: 28298.27241; Adjudication date:
06/20/1928; Appropriation date: 08/01/1924; Case No. 861; 1.4190 CFS from
Spruce Creek;
20. Piercy Ditch: Administration Number: 18307.00000; Adjudication date:
06/18/1901; Appropriation date: 02/14/1900; Case No. 408; 0.0400 CFS from lke
Creek; type:
21. Piercy Ditch: Administration Number: 19083.00000; Adjudication date:
06/18/1902; Appropriation date: 04/01/1902; Case No. 408; 0.0500 CFS from Ike
Creek, Middle Branch;
22. Wise Ditch: Administration Number: 18307.00000; Adjudication date:
06/18/1902; Appropriation date: 02/14/1900; Case No. 408; 0.0400 CFS from Ike
Creek; type
23. Wise Ditch: Administration Number: 18307.00000; Adjudication date:
06/18/1902; Appropriation date: 02/14/1900; Case No. 408; 0.5400 CFS from Ike
Creek;
24. Wise Ditch: Administration Number: 19083.00000; Adjudication date:
06/18/1902; Appropriation date: 04/01/1902; Case No. 408; 0.0500 CFS from Ike
Creek;
WATER RIGHTS APPURTENANT TO THE RESIDENTIAL
PARCEL OF THE BAIR RANCH GARFIELD PROPERTY
(Page 4 of 4)
Any and all water rights, ditches, and other water facilities on or associated with the
Residential Parcel on the James Craig Bair Garfield Property, including specifically those
water rights described as follows (however, Grantor makes no warranties or
representations as to the legal title to or physical availability of the water rights):
1. Bair Spring: Administration Number: 44559.29400; Adjudication date:
12/31/1972; Appropriation date: 06/30/1930; Case No. W 1293; 0.0670 CFS
from unnamed tributary to Colorado River;
2. Allen Ditch: Administration Number: 17676.00000; Adjudication date:
06/18/1902; Appropriation date: 05/24/1898; Case No. 406; 10% of the 0.4100
CFS from Ike Creek;
3. Allen Ditch: Administration Number: 17676.00000; Adjudication date:
06/18/1902; Appropriation date: 05/24/1898; Case No. 1038; 10% of the 0.5400
CFS from Ike Creek;
4. Allen Ditch: Administration Number: 17676.00000; Adjudication date:
06/18/1902; Appropriation date: 05/24/1898; Case No. 406; 10% of the 0.5400
CFS from Ike Creek;
5. Allen Ditch: Administration Number: 29437.25322; Adjudication date:
08/30/1946; Appropriation date: 05/01/1919; Case No. 1038; 10% of the 6.9200
CFS from Ike Creek;
FROM : GOLUBA & GCLUBR RTTYS RT LAW PHONE NO. : 970 945 9143 Sep. 09 2003 04:35PM P2
=ccV >434660 '":"Rao
DISTRICT.
Case No.
Mn• + '2 1992
4LSD5PF.
M. "'{COUNTY CLER<
GARFIELD CC;.7S Y, COLORADO
89CV29, Division 3
631 ?4E383
SETTLEMENT AGREEMENT AND STI2ULATZON SITE ORDER
STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS,
STATE OF COLORADO,
Petitioner,
v.
J. GOLDEN BAIR, a/k/a JAMES GOLDEN BA
Respondent.
DISTRICT COURT OF GARFIELD COUNTY
GLENWOOD SPRINGS. COLORADO
v
CortIfted to be a full, true and correct copy 3f the
original In my custody. C
Dated • _ S' I' t •e
Z l � ren rare •' Clerk
9Y fY�.tt ti X75.'. • �'.,�•¢{..... ; r tie pity
The Petitioner, State Department of Highways, ,Division of
Highways, State of Colorado ("Highways"), and the Respondent, J.
Golden Bair, a/k/a James Golden Bair ("Bair"), by and. through their
undersigned attorneys, hereby state, stipulate and •agree as
fellows:
RECITALS
A. me property which is the subject matter of this action,
parcel'Nos. 214 and 2148,. are more particularly described in
documents recorded as Receptions Nos. 326775 and 326777 of the.
Garfield County, Colorado, records.
B. Highways and Bair entered into a Memorandum Of Agreement
dated February 9, 1982, with respect to Highways' acquisition of
Bair's interest in such property for the improvement of Interstate
70, also known as State Highway No. 70 ("I-70"). Among other
things, under the terms of the Agreement, Highways was obligated to
construct a bridge over the colorado River with connecting roads
and to provide a railroad crossing over the tracks of the Rio
Grande Railroad, as a part of the compensation for taking the
subject property.
C. Highways constructed the bridge and connecting roads but
has not provided the railroad crossing as agreed. A dispute exists
between the parties as to Highways' ability to provide a railroad
crossing and the nature and amount of compensation and/or damage
resulting to Hair from Highways' failure to provide a railroad
crossing.
FROM : GOLUBR & GOL.IBR RTTYS RT LAW PHONE NO. : 970 945 9143 Sep. 03 2003 04:36PM P3
.ways Mod the Amended pety4_on Condemnationherein' •
on c= about August 2, 1991 This atticn has been held in
abeyance since that time to enable the parties to pursue settlement
negotiations. The parties have now settled this matte= and are
desirous of reducing their agreement to writing.
4GREZNtNT RXO STIPU(.ATI0N
NOW, THEREFORE, for and in consideration of the premises and
the covenants and agreements herein contained, the parties hereby
stipulate and agree as follows:
1. Highways shall make immediate payment to Bair of the skim
of Six Hundred Thcusand Collars ($600,000.00) towards the severance
damages claimed by Hair as a result of Highways' acquisition of
Parcel Nos. 214 and 214R and failure to provide a railroad
crossing. Such payment constitutes and is intended as a
compromise, which shall in no way inure to the benefit of the Rio
Grande Railrcad Company. Bair expressly reserves and retains all
rights which he may have against the Railroad, including wi,thowt
limitaticn, any and all rights he may have to pursue, obtain or
construct a railroad crossing to serve his remaining property.
2. Pursuant to the Memorandum Of Agreement, Highways agreed,
among other things, that:
(a)
Bair shall have a twenty (20) toot easement from the
north end of the bridge to the service road located
within the public right-of-way which affords physical
access to I-70; and
the access bridge acrcss the Colorado River would become
the property of Bair after completion of construction;
and
The parties agree that the access bridge constructed across the
colorado River has been Completed and has become and is now the
sole property of Bair. Highways does hereby further grant, confirm
and convey to Bair:
(a) a perpetual, irrevocable right of access twenty (20) feet
in width, for ingress and egress, extending from the
north end of the bridge to the service road within the I-
70right-of-way, which right of access is intended to be
and shall be deemed an appurtenance to fair's remaining
ercperty; and
(b) a perpetual, irrevocable right of access to the bridge
and bridge abutments to repair, maintain and replace the
same.
2
FROM : GOLUBA & (CLUBA ATTYS AT LAW PHONE NO. : 970 945 9143 Sep. 09 2003 04:37PM P4
_rA 831 P:rc3S5
3. .hg width of the access cp€r.ing reserved by Bair under
Deed Cf Access Rights recorded as Reception N. :257755 in the
Gov$c'A County, Colorado records, i5 herAbv 41^"0aced. From La.0
fee= to 20.0 feet and said Deed is amended accordingly. T -n
addition, the following language contained in said Deed with
respect to he reserved access, to -wit:
"This opening is fora bridge to the service read and is for
agricultural use only"
is hereby deleted and amended to read in its entirety as follows:
"This opening is for a bridge and service road. A locked gate
will be maintained at this opening preventing public use of
the bridge."
Highways and Bair agree that the intent of this language is to
prevent patrons of the public rest area and other uninvited members
of the public Prom using the bridge and that such language shall
not be construed to prevent or restrict the use of the bridge.by
Bair, Hair's successors in interest or their .invitees.
4. To satisfy the requirement to maintain a locked gate,
Highways shall install, at it's sole cost and expense, an
electronic gate at the north end of the bridge. In order to afford
Bair, .his successors, assigns and invitees convenient access and
use of tie bridge, the gate shall be equipped to open and -close by
remote control through the use of a small garage -door -type opener
and shall also be equipped so as to be operable by punching in a
pre-programmed combination manually on a keyboard located at the
gate. It is understood that the cost of such gate and
installation, together with the requisite accoutrements and any
platform or other preparation required to receive the structure,
shall be the responsibility of Highways. The gate shall be of such
a nature to be serviceable under all weather conditions, and shall
have no height limitation when open nor present any impediment to
snow removal merformed with a plow. -Upon completion of
construction of the electronic gate, said gate shall become the
property of Bair; and Bair and his successcrs.and assigns agree to
assume sole responsibility for maintenance, repair and replacement
of said gate.
5. Bair hereby waives and releases Highways from any and all
claims for additional compensation and damages related to Highways'
failure to provide the agreed railroad crossing. The payment and
other consideration set forth herein shall be seemed a complete
settlement of claims and demands made or which could have been made
by Bair against Highways under the terms of the Memorandum of
Agreement dated February 9, 1982, between. the parties: Bair
further confirms Highways' ownership of, and rights of possession
to, Parcel Nos. 214 and 214R and his relinquishment cf the access
3
FROM : GOLUBA & Cl7LUEA RTTYS AT LAW PHONE NO. 970 945 9143 Sep. 09 2003 04:37PM F5
ec;'C Sui ? E3S6
rights _s desC. ibed in Deed of .Access Rights recorded. as Reception No.
326776, suh ect to and upcn the conditions herein set forth.
6. Each party shall bear its own costs incurred in
connection with this proceeding.
7. The court may forthwith enter an order declaring and
confirming that the within Settlement Agreement And Stipulation
with order shall be binding upon and inure to the benefit of the
parties and their respective successors and assigns and that the
recordation of a certified copy hereof in. the offices of the Clerk
& Recorder of Garfield County, Colorado shall have' the same force
and affect as a duly executed, acknowledged and recorded
instrert, signed by the parties themselves.
DATED this .�}- day of aM m t, A.D. 1992.
GALT A. NORTON
Attorney General
RAY:10ND T. SLAVGBTER
Chiu Deputy Attorney General
TIMOTHY M. T_XKOVICH
Solicitor General
PATRICIA S. BANGc2T
Deputy Attorney General
NICE_O
LYNN B. OSE NYER
First Assistant Attorney General
dew S. NavazJ
merry S. Morrow
Registration. No. 12435*
Assistant Attorney General
Natural Resources Section
Attorneys for Petitioner
110 Sixteenth Street, loth Floor
Denver, CO 50202
(303) 620-4716
*Counsel of Record
+stra`tio 0!-/00'0920
Attorney for Respondent
P.O. Box 931
Glenwood Springs, CO $1602
(303) 945-9141
APPROVED AND AGREED:
4
lden Bair, a/k/a
James Golden Bair, Respondent
FROM : COLLAR & GOLUBR RTTYS AT LAW PHONE NO. : 970 945 9143 Sep. 09 2003 34:39FM FE
30QK 831- 85-387
CRCER
TEE CCLRT having considerad the foregoing Settlement Agreement
And Stipulation and being now duly advised in the premises, DOTH
approve the same.
TT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that the within
Settlement Agreement And Stipulation With Order shall be binding
upon and inure to the benefit of the parties and their respective
successors and assigns and that the recordation cC a• certified copy
'hereof in the offices of the Clerk & Recorder of Garfield County,
Colorado shall have the same force and affect as a duly executed,
acknowledged and recorded instrument, signed by the parties
themselves.
5=GNED this __1`ft day of 42 , A.D. 1992.
BY THE COURT:
5
1.. E. DeVilbiss
District Court Judge
rf;:i a. r_ :^
PRX 880805
Standard Form Approved, AVP -Law
Folder Number: 02263-63
PRIVATE ROAD CROSSING AGREEMENT
Mile Post 347.07, Glenwood Springs Subdivision
Location: Glenwood Springs, Garfield County, Colorado
THIS AGREEMENT is made this 91h day of September, 2004, by and between UNION PACIFIC
RAILROAD COMPANY, a Delaware corporation, to be addressed at 1400 Douglas Street, STOP 1690,
Omaha, Nebraska 68179-1690 (hereinafter "Licensor"), and CRAIG JAMES BAIR, a Colorado individual
whose address is 66418 Highway 6, Glenwood Springs, Colorado 81601 (hereinafter "Licensee").
RECITALS:
The Licensee desires the maintenance and use of an existing Private Road Crossing (hereinafter "Road
Crossing"), consisting of one (1) 30 foot wide private road crossing and all appurtenances thereto, including but
not limited to any gates, cattle guards, stop signs, vertical clearance signs or identification signs, drainage
facilities, on, over and across the Licensor's right-of-way on the Glenwood Springs Subdivision trackage at Mile
Post 347.07, at or near Glenwood Springs, Garfield County, Colorado, in the location shown on the attached
print marked Exhibit "A".
The Licensor is willing to grant the Licensee the right to cross its right-of-way and tracks at the location
shown on Exhibit "A" subject to the terms set forth below.
NOW, THEREFORE, the parties agree as follows:
Article I. LICENSOR GRANTS RIGHT.
The Licensor grants the Licensee the right to cross its right-of-way and tracks at the location shown on
Exhibit "A" subject to the terms set forth herein and in the attached Exhibit B, together with the right of entry
to control and remove from the Licensor's right-of-way, on each side of the Road Crossing, weeds and
vegetation which may obstruct the view of motorists approaching the crossing area to any trains that may also
be approaching the crossing area.
Article II. CONSIDERATION.
In consideration of the license and permission granted herein, the Licensee agrees to observe and abide
by the terms and conditions of this Agreement and to pay to the Licensor a one-time license fee of One
Thousand Dollars ($1,000.00). Licensee shall also pay to the Licensor a one-time administrative fee of Five
Hundred Dollars ($500.00).
02263-63.prx Articles of Agreement
Page 1
Article III. RAILROAD FLAGMAN; WHEN REQUIRED; FLAGGING CHARGES.
A. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s),
vehicle(s), or thing(s) shall be located, operated, placed, or stored within 25 feet of any of Railroad's track(s) at
any time, for any reason, unless and until a Railroad flagman is provided to watch for trains, pursuant to the
terms of the attached Exhibit 'A'. All expenses connected with the furnishing of said flagman shall be at the
sole cost and expense of the Licensee, who shall promptly pay to Railroad all charges connected therewith,
within 30 days after presentation of a bill therefor. The rate of pay per hour for each man will be the prevailing
hourly rate in effect for an eight-hour day for the class of men used during regularly assigned hours and
overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. The
current hourly rate of pay for Assistant Track Foreman is $18.25 (January 1994). In addition to the cost of such
labor, a composite charge of 120.47% for vacation, holiday, health and welfare, supplemental sickness,
Railroad Retirement & UC, supplemental pension, Empl. Liability & Property Damage and Administration will
be included, computed on actual payroll.
B. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays; two
and one-half times current hourly rate for holidays.
C. Wage rates are subject to change, at any time, by law or by agreement between the Railroad and its
employees, and may be retroactive as a result of negotiations or a ruling of an authorized Governmental
Agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are
changed, the Licensee shall pay on the basis of the new rates and charges.
D. Reimbursement to the Railroad will be required covering the full eight-hour day during which any
flagman is furnished, unless he can be assigned to other Railroad work during a portion of such day, in which
event reimbursement will not be required for the portion of the day during which the flagman is engaged in
other work. Reimbursement will also be required for any day not actually worked by said flagman following
his assignment to work on the project for which the Railroad is required to pay the flagman and which could not
reasonably be avoided by the Railroad Company by assignment of such flagman to other work, even though the
Licensee may not be working during such time.
E. Arrangements for flagging are to be made at least seventy-two (72) hours in advance of
commencing work, with the Railroad Manager of Track Maintenance. His name and phone number are as
shown:
Robert J. Gutierrez
Manager Track Maintenance
2790 D Road
Grand Junction, CO 81501
Phone: 970-248-4244
Fax: 970-248-4203
Article IV. LIABILITY INSURANCE.
a) The Licensee shall provide the Licensor with a certificate, identifying Folder No. 02263-63,
issued by the insurance carrier providing the insurance coverage required pursuant to Exhibit B-1
of this Agreement in a policy which contains the following type endorsement:
02263-63.prx Articles of Agreement
Page 2
Union Pacific Railroad Company ("Licensor") is named as additional insured with
respect to all liabilities arising out of Insured's (as Licensee) construction,
maintenance and use of the road crossing on Licensor's property.
Licensee WARRANTS that this Agreement has been thoroughly reviewed by its insurance
agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to procure insurance coverage and an
endorsement as required herein.
b) All insurance correspondence shall be directed to:
Union Pacific Railroad Company, Real Estate Department,
1400 Douglas Street, STOP 1690, Omaha, Nebraska 68179-1690,
with reference to Folder No. 02263-63.
Article V. TERM.
This Private Road Crossing Agreement shall be effective as of the date first herein written, and shall
continue in full force and effect indefinitely unless otherwise terminated as provided in Exhibit B.
Article VIII. SPECIAL PROVISIONS.
1. Licensee shall protect the bridge bents with plans to be approved by Licensor. Licensee shall also
install vertical clearance signs on the bridge at Licensee's sole expense.
2. All grading and drainage work on roadway approaches, including maintenance, will be the
responsibility of Licensee at Licensee's sole expense.
3. All relocation of utilities due to construction of a new crossing (if any) is at Licensee's sole
expense.
4. Any maintenance work performed by Union Pacific forces will be at Licensee's sole expense.
5. Any current or future warning devices required for the crossing (passive or active) will be installed
and maintained by Union Pacific forces at Licensee's sole expense.
6. All liability for accidents or injuries which arise as a result of the construction, maintenance and
use of the crossing is assumed by Licensee.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the
date first herein written.
02263-63.prx Articles of Agreement
Page 3
UNION PACIFIC RAILROAD COMPANY CRAIG JAMES BAIR
By: By:
Director — Contracts Title:
02263-63.prx Articles of Agreement
Page 4
90' ANGLE
TO C-QD.1c
UPRR R/W
TO deJOE-lt.
NED
'WIDTH OF ROADWAY
NOTES:
1) APPLICANT TO PERFORM ALL GRADING, DRAINAGE, PAVING.
0 UTILITY ADJUSTMENTS AT APPLICANTS EXPENSE.
2) APPLICANT TO REMOVE ALL VEGETATION FROM UPRR RIGHT
OF WAY FOR 500' EACH SIDE OF THE CENTERLINE OF
THE CROSSING.
3) APPLICANT TO PROVIDE LOCKING GATES AT RAILROAD
RIGHT OF WAY LINE.
i FIBER
CABLE e
IIIIIIIIIII
CALL cErOnE
YOU WORK ON R/WI
1-800-336-9193 1
-So.,
UPRR R/W
LOCATION PLAN
NO SCALE
EXHIBIT "A"
UNION PACIFIC RAILROAD COMPAN
PROPOSED CROSSING FOR
G T LA ---rues 127A(t
M'P 397. 07 u-ivw ODO Spez Sus
1DOr4s 924 0976
RAILROAD OWNED TRACKAGE
RAILROAD RIGHT 3= WAY
PRX 880805 A
Form Approved, AVP -Law
EXHIBIT B
SECTION 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
(a) The rights granted to the Licensee are subject and subordinate to the prior and
continuing right and obligation of the Licensor to use and maintain its entire railroad right of
way, and are also subject to the right and power of the Licensor to construct, maintain, repair,
renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber
optics or other wire lines, pipelines and other facilities upon, along or across any or all parts of
said right of way, any of which may be freely done at any time by the Licensor without liability
to the Licensee or to any other party for compensation or damages.
(b) The Licensee's rights are also subject to all outstanding superior rights (including
those in favor of licensees, lessees of said right of way, and others) and the right of the Licensor
to renew and extend the same, and are granted without covenant of title or quiet enjoyment.
(c) It is expressly stipulated that the Road Crossing is to be a strictly private one and is
not intended for public use. The Licensee, without expense to the Licensor, will take any and
all necessary action to preserve the private character of the Road Crossing and prevent its use
as a public road.
SECTION 2. MAINTENANCE AND USE.
(a) The Licensor, at the sole expense of the Licensee, shall maintain the portion of the
Road Crossing lying between the rails of the tracks and for one (i) foot on the outside of each
rail; provided, however, that such maintenance work shall be limited to that required for the
safe and efficient operation of its tracks, and such other maintenance as the Licensor has
agreed to perform on specific request of the Licensee. The Licensee, at its own expense, shall
maintain the remaining portion of the Road Crossing and shall keep the rail flangeways clear
of obstructions.
(b) The Licensee shall, at its sole expense, maintain, repair, renew and replace any gates,
cattle guards, drainage facilities, traffic signs or devices, identification signs approved by the
Licensor or other appurtenances shown on Exhibit "A". The Licensee shall, at its own expense,
install and thereafter maintain any such appurtenances that may subsequently be required by
the Licensor, by law, or by any public authority having jurisdiction. The Licensee shall control
vegetation along the right of way on each side of the crossing so that the Licensee's line of sight
to approaching trains is not impaired or obstructed by vegetation. All work performed by the
Licensee on the right of way shall be done to the satisfaction of the Licensor.
(c) The Licensee shall require all vehicles approaching the crossing to stop a safe
distance from the tracks before crossing the tracks. The Licensee shall keep any gate affording
access to the Road Crossing closed and locked at all times except during the time of actual
passage through it onto or from the Road Crossing. The Licensee shall not do, suffer or permit
anything which will or may obstruct, endanger or interfere with, hinder or delay the
maintenance and operation of the Licensor's railroad tracks or appurtenant facilities or the
facilities or equipment of others lawfully using the Licensor's property. The Licensee shall
adequately supervise and police use of said Road Crossing so that no person, vehicle or
livestock stops or stands on the Licensor's tracks or attempts to cross the Licensor's railroad
tracks when a railroad train, engine, equipment, or car is approaching or occupying the Road
Crossing.
EXHIBIT B
Page i of 4
PRX 88o8o5 A
Form Approved, AVP -Law
SECTION 3. MODIFICATION OR RELOCATION OF ROAD CROSSING.
(a) Whenever the Licensor deems it necessary or desirable in the furtherance of its
railroad operating requirements or for the improvement and use of its property to modify or
relocate the Road Crossing:
(1) the Licensor shall, at the sole expense of the Licensee, modify or move the
portion of the Road Crossing lying between the rails of the tracks and for one (1) foot
on the outside of each rail; and
(2) the Licensee shall, at the Licensee's sole expense, modify or move the
remaining portion of the Road Crossing and the appurtenances thereto.
(b) All the terms of this agreement shall govern the continued maintenance and use of
the Road Crossing as modified or relocated pursuant to this section.
sECrION 4. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
(a) Fiber optic cable systems may be buried on the Licensor's property. Licensee shall
telephone the Licensor at 1-80o-336-9193 (a 24-hour number) to determine if fiber optic cable
is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will
telephone the telecommunications company(ies) involved, arrange for a cable locator, and
make arrangements for relocation or other protection of the fiber optic cable prior to
beginning any work on the Licensor's premises.
(b) In addition to the liability terms elsewhere in this Agreement, the Licensee shall
indemnify and hold the Licensor harmless against and from all cost, liability, and expense
whatsoever (including, without limitation, attorneys' fees and court costs and expenses)
arising out of or in any way contributed to by any act or omission of the Licensee, its
contractor, agents and/or employees, that causes or in any way or degree contributes to (i) any
damage to or destruction of any telecommunications system by the Licensee, and/or its
contractor, agents and/or employees, on Licensor's property, (2) any injury to or death of any
person employed by or on behalf of any telecommunications company, and/or its contractor,
agents and/or employees, on Licensor's property, and/or (3) any claim or cause of action for
alleged loss of profits or revenue by, or loss of service by a customer or user of, such
telecommunication company(ies).
SECTION 5. INDEMNITY.
The Licensee assumes the risk of and shall indemnify and hold harmless the Licensor
and other railroad companies which use the property of the Licensor, their officers, agents and
employees, against and from any and all loss, damages, claims, demands, actions, causes of
action, costs, attorneys' fees, fines, penalties and expenses of whatsoever nature (hereinafter
"Loss") which may result from: (i) injury to or death of persons whomsoever, (including
officers, agents and employees of the Licensor and of the Licensee, as well as other persons);
(2) loss of or damage to property whatsoever (including damage to property of or in the
custody of the Licensee and damage to the roadbed, tracks, equipment or other property of or
in the custody of the Licensor and such other railroad companies, as well as other property); or
(3) the Licensee's failure to comply with any federal, state or local law, regulation, or
enactment; when such Loss is due to or arises in connection with or as a result of:
EXHIBIT B
Page 2 of 4
PRX 88o8o5 A
Form Approved, AVP -Law
(a) the construction of the Road Crossing;
(b) any work done by the Licensee on or in connection with the Road Crossing;
(c) the use of said Road Crossing by the Licensee, or the officers, agents, employees,
patrons or invitees of the Licensee, or by any other person;
(a) the use of said Road Crossing by the Licensee's successors or assigns or the officers,
agents, employees, patrons or invitees of the Licensee's successors or assigns until the Licensee
either complies with the provisions of Section 8 or terminates the agreement as provided in
Section 6; or
(e) the breach of any covenant or obligation assumed by or imposed on the Licensee
pursuant to this agreement, or the failure of the Licensee to promptly and fully do any act or
work for which the Licensee is responsible pursuant to this agreement;
regardless of whether such Loss is caused solely or contributed to in part by the negligence of
the Licensor, its officers, agents or employees.
SECTION 6. TERMINATION ON BREACH OR ON NOTICE.
(a) It is agreed that the breach of any covenant, stipulation or condition herein contained
to be kept and performed by the Licensee shall, at the option of the Licensor, forthwith work a
termination of this agreement and all rights of the Licensee hereunder. A waiver by the
Licensor of a breach by the Licensee of any covenant or condition of this agreement shall not
impair the right of the Licensor to avail itself of any subsequent breach thereof.
(b) This agreement may be terminated by either party on thirty (3o) days' written notice
to the other party.
SECTION 7. REMOVAL OF ROAD CROSSING.
(a) Upon termination of this agreement howsoever, the Licensor shall, at the sole
expense of the Licensee, remove said Road Crossing and restore the premises of the Licensor
to a condition comparable to that existing immediately prior to the construction of said Road
Crossing.
(b) In the event of the removal of the Road Crossing as in this section provided, the
Licensor shall not be liable to the Licensee for any damage sustained by the Licensee for or on
account of such removal, and such removal shall not prejudice or impair any right of action for
damage, or otherwise, which the Licensor may have against the Licensee.
SECTION 8. ASSIGNMENT.
The Licensee shall not assign this agreement, or any interest therein to any purchaser,
lessee or other holder of the property served by the crossing or to any other person, without
the written consent of the Licensor. If the Licensee fails to secure the Licensor's consent to any
assignment, the Licensee will continue to be responsible for obligations and liabilities assumed
herein.
EXHIBIT B
Page 3 of 4
PRX 88o8o5 A
Form Approved, AVP -Law
SECTION 9. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section 8 hereof, this agreement shall be binding upon and
inure to the benefit of the parties hereto, their respective heirs, executors, administrators,
successors and assigns.
EXHIBIT B
Page 4 of 4
PRX 880805
PRE 880806
PRX&E 880807
CRX 990908
FORM C
EXHIBIT B-1
Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement
the following insurance coverage:
A. Commercial General Liability insurance. This insurance shall contain broad form contractual
liability with a single limit of at least $1,000,000 each occurrence or claim and an aggregate limit of at
least $1,000,000. Coverage must be purchased on a post 1998 ISO or equivalent form, including but
not limited to coverage for the following:
• Bodily injury including death and personal injury
• Property damage
• Fire legal liability
• Products and completed operations
The policy shall also contain the following endorsements which shall be indicated on the
certificate of insurance:
• "For purposes of this insurance, Union Pacific Railroad payments related to the
Federal Employers Liability Act or a Union Pacific Wage Continuation Program or
similar programs are deemed not to be either payments made or obligations assumed
under any Workers Compensation, disability benefits, or unemployment compensation
law or similar law."
• The exclusions for railroads (except where the Job Site is more
than fifty feet (50') from any railroad including but not limited to
tracks, bridges, trestles, roadbeds, terminals, underpasses or
crossings), and explosion, collapse and underground hazard
shall be removed.
• Coverage for Railroads employees shall not
be excluded
• Waiver of subrogation
B. Business Automobile Coverage insurance. This insurance shall contain a combined single
limit of at least $1,000,000 per occurrence or claim, including but not limited to coverage for the
following:
• Bodily injury and property damage
• Any and all motor vehicles including owned, hired and non -owned
The policy shall also contain the following endorsements which shall be indicated on the
certificate of insurance:
• "For purposes of this insurance, Union Pacific Railroad payments related to the
Federal Employers Liability Act or a Union Pacific Wage Continuation Program or
similar programs are deemed not to be either payments made or obligations assumed
under any Workers Compensation, disability benefits, or unemployment compensation
law or similar law."
• The exclusions for railroads (except where the Job Site is more
than fifty feet (50') from any railroad including but not limited to
tracks, bridges, trestles, roadbeds, terminals, underpasses or
crossings), and explosion, collapse and underground hazard
shall be removed.
Page 1 of 2
PRX 880805
PRE 880806
PRX&E 880807
CRX 940408
FORM C
C. Umbrella or Excess Policies In the event Licensee utilizes Umbrella or excess policies,
these policies shall "follow form" and afford no less coverage than the primary policy.
Other Requirements
D. Punitive damage exclusion must be deleted, which deletion shall be indicated on the
certificate of insurance.
E. Licensee agrees to waive its right of recovery, and its insurers, through policy endorsement,
agree to waive their right of subrogation against Railroad. Licensee further waives its right of
recovery, and its insurers also waive their right of subrogation against Railroad for loss of its owned or
leased property or property under its care, custody and control. Licensee's insurance shall be primary
with respect to any insurance carried by Railroad. All waivers of subrogation shall be indicated on
the certificate of insurance.
F. All policy(ies) required above shall provide severability of interests and shall name Railroad as
an additional insured. Severability of interest and naming Railroad as additional insured shall
be indicated on the certificate of insurance.
G. Prior to commencing the Work, Licensee shall furnish to Railroad original certificate(s) of
insurance evidencing the required coverage, endorsements, and amendments. The certificate(s) shall
contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify
Railroad in writing of any cancellation or material alteration. Upon request from Railroad, a certified
duplicate original of any required policy shall be furnished.
H. Any insurance policy shall be written by a reputable insurance company acceptable to
Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized
to do business in the state(s) in which the service is to be provided.
1. Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's insurance
agent(s)/broker(s), who have been instructed by Licensee to procure the insurance coverage required
by this Agreement and acknowledges that Licensee's insurance coverage will be primary.
J. If Licensee fails to procure and maintain insurance as required, Railroad may elect to do so at
the cost of Licensee plus a 25% administration fee.
K. The fact that insurance is obtained by Licensee or Railroad on behalf of Licensee shall not be
deemed to release or diminish the liability of Licensee, including, without limitation, liability under the
indemnity provisions of this Agreement. Damages recoverable by Railroad shall not be limited by the
amount of the required insurance coverage.
Page 2 of 2
06/08/2007 92:47 94573EE HAIR PAGE 02
DISTRICT COURT, WATER DIVISION NO. 5
COLORADO
109 Eighth Street, Suite 104
Glenwood Springs, CO 81601
(971945-5075, 945-8756 fax
KCII,r;D Dofument
CO Garndd County District Court Rd,
Filing PAW .Apr 27 2an7 R:35:1Ar stn'
Tiling ID: 144411166
Iteriew Clerk: Jeanine Hasley
♦ COURT USE ONLY •
CONCERNING THE APPLICATION FOR WATER
RIGHTS OF:
JAMES CRAIG BAIR AND DORIS BAIR
in Garfield County, Colorado.
Case No. 05CW164
FINDINGS OF FACT, CONCLUSIONS OF LAW, RULLNG
OF THE REFEREE, JUDGMENT AND DECREE
The above -entitled Application was filed on August 31, 2005. The Application was
thereafter referred to the Water Referee for Water Divisior, No. 5, State of Colorado, by the
Water Judge of said Court in accordance with Article 92, Chapter 37, C.R.S., known as the
Water Rights Determination and Administration Act of 1969.
The undersigned Referee, having made such investigations as are necessary to determine
whether or not the statements in the Application are true. having consulted with the Division
Engineer, and having become fully advised with respect to the subject matter in the Application,
does hereby make the following Findings of Fact, Conclusions of Law, Judgment and Decree in
this matter:
FINDINGS OF FACT
Name, address, and telephone number of the Applicants:
James Craig Bair & Doris Bair
66418 U.S. Hwy. 6 & 24
Glenwood Springs, CO 81601
c/o Mark E• Hamilton, Esq.
CALOTA, HOUPT AND HAMILTON,P.C.
1204 Grand Avenue
Glenwood Springs, CO 81601
(370) 945-6067
pthantt'a7ehhne.eom
ar.ta•65CW l64.notne of:ht tieferee•Y:NAL
t'N :
06/00/2007 02;47 9457308 BAIR
District Cow, Water Division 5
Cue No. 05CW 164
A;+plication of James C. Rair, et al.
Findings of ESC; Corclusions of Law, Ruling of Referee, Judgment and Dccrec
Page 2 of 21
2. Timely and adequate notice of filing of this Application was 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,
3. The time for filing statemeit of opposition has passed. One timely statement of opposition
was filed by the Colorado River Water Conservation District on October 28, 2005. This
opposition has been resolved by stipulation, a copy of which is in die court file.
First Claim for Relief:
Confirmation of Conditional and Absolute Surface Water Rights
4. The Applicants request confirmation of three absolute and one conditional surface water
right, described as follows: -
a. hunting Cabin Springs.
Location! The point of diversion is located in Section 22, Township 5
South, Range 87 West of the 6th Principal Meridian at a point 2,300 feet
North of the South section lino and 1,800 feet West of the East section
Inc.
ii. Source: Near surface groundwater uibutary to Ike Creek; tributary to the
Colorado River.
ii. Date of Initiationofappropriation: December 31, 1983.
iv. Date water applied to beneficial use: December 31, 1983.
v. Amount claimed: 0.033 c.f.s. (15 g.p.rn), absolute.
vi. User: irrigation, fire protection, domestic, commercial.
1. Location and quantity of irrigated area: up to 0.25 acres within
that portion of the Bair Ranch located within the Ike Creek
drainage.
vii. Owner ofland upon which structure is located: Applicants.
viii. Remm•ks: This structure is not a well since water from the subject springs
is collected on the ground surface within 50 feet of the perimeter of the
area where springs and seeps surface aid water is conveyed between these
points by gravity flow. Applicant, however, requests approval of this
a4B•OaCW i6i-Ruling ruche nchrtatNAL
MI I
PAGE 03
esiee/2007 E12:47 9457388 BIR
District Court, Water Division 5
Case No. 05CW 164
Application of James C. Bair, et al.
'Finnings u t Pact, Conclusions of Law, .ruling of Referee, Judgment end Decree
Page 3rf21
structure as an alternate point of diversion for the Hunting Cabin Well,
below.
b. Marble Springs.
Location: The point of diversion is located point 1,100 feet North of the
South section line and 2,420 feet West of the East section ltne.in Section
22, Township 5 South, Range 87 West of the 6i° Principal Meridian at a
ii. Source: Neat satface groundwater tributary to Ike Creek; tributary to the
Colorado River,
iii. Dote of initiation of appropriation: December 31, 2000.
iv. Date water applied to a beneficial use: December 31, 2000.
v. Amount claimed: 0.045 c.f.s. (20.g.pm.) total, with 0.032 c.f.s. (14.2
g.pm.) absolute and 0.013 c.f.s. (5.S g.p.n.) conditional
1. Location and quantity of imitated area: Up to 0.25 acres within
that portion of the Bair Ranch located within the ike Creek
drainage.
vi. Owner of land upon which structure is located: Applicants.
vii. Remarks: This structure is not a well since water from the subject springs
is collected on the ground surface within 50 feet of the perimeter of' the
area where springs and seeps surface and water i$ conveyed between these
points by gravity flow. Applicant, however, requests approval of this
structure as an alternate point of diversion for the Marble Well, below.
c. Homestead SP.DO.g.
Location: ',Che point of diversion is located in Section 23, Township 5
South, Range 87 West of the 6's Principal Meridian at a point 1,300 feet
North of the South section lire and 1,950 feet East of the West section
line.
Source: Near surface groundwater tributary to Spntcc Creek; tributary to
the Colorado River.
ii. Date of initiation 0/appropriation: December 31, 2000.
BAllL05CWIE4.Itulingef thE RE(n c-Fii'. t
FN
PAGE 004
06/08/2007 02:47 9457388 BAIR RAGE 05
District Court, Water Division 5
Case No. 05CW I64
Application of James C, Bair, et al.
Findings of Fact, Conclusions of Law, Ruling of Rcforec, Judgment and Decree
Page 4 of 21
iv. Date water applied to beneficial use: N/A
v, Amount claimed: 0.033 c.f.s. (15 g.p.m,), conditional,
vi. Proposed uses: irrieation, fire protection, domestic, commercial
1. Location and quantity of irrigated area: up to 0.25 acres within
that portion of the Bair Rnnch located within the Spruce Creek
drainage.
vii. Owner of land upon which structure is located; Applicants.
viii. Remarks: This structure is not a well since, when constructed, the
collection device for this structure will be within 50 feet of the natural
discharge point of the spring and water will be collected by gravity flow.
Applicant, however, requests approval of this structure as en alternate
point of diversion for the Homestead Well, below.
d, Sorace Lodge Spring.
i. Location: The point of diversion is located in Section 26, Township 5
South, Range 87 West of the 6th Principal Meridian at a point 450 feet
South of the North section line and 2,500 feet East of the West section
line.
Source: Near surface groundwater tributary to Spruce Creek; tributary to
the Colorado River.
ii. Date of initiation of appropriation; Dezember 31, 1999.
iv. Date water applied to beneficial use: December 31, 1999.
v. Amount claimed: 0.033 els. (15 g.p.m.), absolute,
vi. Uses: irrigation, fire protection, domestic, commercial
1. Location and quantity of irrigated area: up to 0.25 acres within
that portion of the Bair Ranch located within the Spruce Creek
drainage.
vii. Owner of land upon which structure is located: Applicants.
6A)R•55CW164-1kutiag of the R.Rree•r7NAL
1f1
06/08/2007 02:47 9457388 BAIR
District Court. Water Division 5
Cast No. 05CW164
Application ofhunts C. Bar, er al.
Findings of Fact, Conclusions of Law, Ruling of Refetee. Judgment and Decree
Page .5 ot'21
viii. Remarks: This structure is nott a well since water is collected at a depth of
less than 10 feet whale water can be captured by gravity flow at a point
Iess than 50 feet from the natural discharge point. Applicant, however.
requests approval of this stroctute as an alternate point of diversion for the
Spruce Lodge Well, below,
Second Claim for Relief:
Confirmation of Conditional Groundwater Rights
5, The Applicants also request confirmation of four conditional underground water rights
described as follows:
a. Marble Well,
Legal Description of Well: the point of diversion is located in Section 22,
Township 5 South, Range 87 West of the 6th Principal Meridian at a point
1,100 feet North of the South section line and 2,390 feet West of the East
section line.
ii.
Source: groundwater tributary to Ike Creek, tributary to the Colorado
River.
Depth: approximately 50 feet.
iv. Amount claimed: 0.045 c.f.s. (20 g.p.m.), conditional.
v. Date of initiation of appropriation: August 25, 2005.
vi. Appropriation was initiated by:: formation of' intent to appropriate and
field inspection of well site.
vii. Date water applied to beneficial use: NIA.
viii. Proposed uses: irrigation, fire protection, domestic, commercial
1, Number of acres and location of area to be irrigated: up to 0.25
acres within that portion of the Bair Ranch located within the Ike
Creek drainage.
ix. Owner of land on which structure is located: Applicants
BAfa.o5Cw1e4.Ruikg at ke4 a FINAL
PN1
RAGE 05
0E408/2007 02:47 9457398 BAIR
District Court, Water Division 5
Case No, 050W 164
Application of James C. Bair, et al.
Findings of Fact Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 6 el21
x. Remarks: Marble Well will be constructed located within 100 feet of an
trimmed tributary of Ike Creek, Applicant requests approval of this
structure as an alternate point of diversion for the Marble Springs, above,
xi.
b. J-Iuntine Cabin Well.
i. Legal Description of Well: The point of diversion is located in Section 22,
Township 5 South, Range 87 West of the 64S Principal Meridian at tt paint
2,340 feet North of the South section lint and 1,800 feet West of the East
section line,
ii. Source: Groundwater tributary to Ike Creek, tributary to the Colorado
River.
Depth: Approximately 50 feet.
iv. Amount claimed: 0.033 c,f.s. (15 g.p.nr.), conditional.
v. Date of initiation of appropriation: August 25, 2005.
vi Appropriation way initiated by,- formation of intent to appropriate and
field inspection of wellsite-
vii. Date water applied ro beneficial use: NIA.
vlii. Proposed uses: irrigation, fire protection, domestic, eotnmercial
1. Number of acres and location of area to be irrigated up to 0.25
acres within that portion of the Bair Ranch located within the Ike
Creek drainage.
ix. Owner of lend on which structure is located; Applicants.
x. Remarks: Hunting Cabin Well will be constructed located witbin 100 feet
of an unnamed tributary of Ike Creek. Applicant requests approval of this
structure as an alternate point of diversion for the Hurting Cabin Springs,
above.
c. Spruce Lodge Well.
1. Legal Description of Well: the point of diversion is located in Section 26,
Township 5 South, Range 87 West of the 64' Principal Meridian at a point
sAiR. Cwt 64 -Wing of the p.MN-FINAL
PN t
PAGE 07
56/08/2007 52:47 9457388 BAIR PAGE 08
District Cour., Water Division 5
Coso No. 05CW164
Application ethnics C. Bair, et el.
Findings of Fact, Conclusiers of Law, Ruling of Referee, Judgment and Decree
Page 7 of 2.(
420 feet South of the North section line and 2,510 feet East of the West
section line,
Source: groundwater nibutaty to Spruce Creek, tributary to the Colorado
River.
Depth: approximately 50 feet.
iv, Amount claimed: 0.033 els, (15 $.p.m.), conditional.
v. Date of initiation of appropriation: August 25, 2005.
vi, Appropriation was Initiated by: formation of intent to appropriate and
field inspection of well site,
vii. Date water applied to beneficial use.. N/A.
viii. Proposed roses: irrigation, fire protection, domestic, commercial
1. Number of acres and location of area to be irrigated. up to 0.25
acres within that portion of the Bair Ranch located within the
Spruce Creek drainage.
ix. Owner of land on which structure is located: Applicants.
x. Remarks: Spruce Lodge Well will be constructed located within 100 feet
of Spruce Creek. Applicant requests approval of this structure as an
alternate point of diversion for the Spruce Lodge Spring, above.
4. )-lomestead Wei,
Legal Description of Well: the point of diversion is located in Section 23,
Township 5 South, Range 87 West of the ell Principal Meridian at a point
1,300 fect North of the South section lino and 1,980 feet East of the West
section line.
ii. Source: groundwater tributary to Spruce Creek, tributary to the Colorado
River.
Depth: approximately 50 feet.
iv. Amount claimed: 0.033 c.f.s. (15 g.p.m.). conditional
BAIRASCW 16A4tulina of I1,e QCie_?ce.iiNAJ.
r4 I
06/08/2007 02:47 5457388 BAIR FAGE 09
District Cows, Water Division 5
Case No. 05CW 164
Application of James C. Bair, et al.
Findings of Feet Conclusions of Law, Ruling of Rearm Judgment Ind Decree
Page 8 0121
v, Date of initiation of appropriation: August 25, 2005.
vi. Appropriation was initiated by: formation of intent to appropriate and
field inspection of well site.
vii. Date water applied to beneficial use: N/A.
viii. Proposed uses: irrigation, fire protection, domestic, commercial
Number of acres and location of area to be irrigated: up to 0.25
acres within that portion of the. Bair Ranch located within the
Spruce Creek drainage.
Owner of land on which structure is located: Applicants.
x. Remarks: Homestead Well will be constructed located within 100 feet of
an unnamed tributary of Spruce Creek. Applicant requests approval of this
structure as an alternate point of diversion for the Homestead Spring,
above.
Third Claim for Relief:
Confirmation of Absolute Storage Water Rights
6. The Applicants also request confirmation of three conditional water storage rights,
described as follows:
a. Marble Pond.
Legal Description: the pond is situated in Section 22, Township 5 South,
Range 87 West of the 6`h Principal Meridian approximately 1,070 feet
Nonh of the South section line and 2,430 feet West of the East section
line.
ii. Source of water to fill reservoir: Marble Springs; tributary to Ike Creek;
tributary to the Colorado River. •
iii.
Amount claimed: 0.50 acre-feet, absolute,
iv, Date of initiation of'appropriation: December 31, 2000.
v. Date water applied to beneficial use: December 31, 2000.
3AI4.Q5,: w I6 .Ruinacf the Rcfece-FINAL
MNI
06/06/2007 62:47 9457396 BAIR PAGE 10
v
District Cour, Water Division 5
Case No. 05011164
Application of Jac -ca C, Bait, et al.
Findings of Fact Conelusions of Law, Ruling of Referee, judgment and Deem:
Page S of 21
vi. Uses: piscatorial, recreation, wildlife watering, fire protection, stock
watering
vii. Surface area of high water liner approximately 0.30 acres.
1. Maximum height of dam; 10 feet.
2, Length of dam: approx. 200 feet.
viii. Total capacity of reservoir: 0.50 acre-feet.
1. Active storage: 0.50 acre-feet.
2. Dead storage: 0.00 acre-feet.
x. Owner of land upon which structure is located: Applicants.
x. Remarks: Marble Pond is an on -channel storage structure.
b. Wapiti Pond.
Legal Description: the pond is situated in Section 22, Township 5 South,
Range 87 West of the 6th Principal Meridian approximately 2,330 feet
North of the South section tine and 2,620 feet West of the East section
line.
ii. Source of water to fill reservoir: Marble Springs; tributary to Eke Creek;
tributary to the Colorado River.
Maximum rate offill: 0.1 c.f s.
iv. Amount claimed: Approx. 0.72 acre-feet, absolute.
v. Date of initiation of appropriation: December 31, 2000. •
vi. Date water applied to beneficial use: December 31, 2000.
vii. Uses; piscatorial, recreation, wildlife watering, fire protection, stock
watering
Surface area of high water line: approx. 0.36 acres.
1. Maximum height of dam: 10 feet.
2. Length of dam: 300 feet.
aAm-oscwina•aaanagr the Referee.FltiAL
Mt
0E/08/2007 32:47 9457358 BAIR PAGE 11
Disnict Court, Water Division 5
Case No. 05CW164
Application cf Jame5 C. Bait, ct al.
Findings of Fact. Conclusions of Law, Ruling of Referee, Judgment and Decree
Page10of21
ix. Total capacity of reservoir: approx. 0.72 acre-feet.
1. Active storage: approx. 0.72 acre-feet.
2, Dead storage: none
x. Owner of land upon which structure is located: Applicants.
xi. Remarks: Wapiti Pond is an off -channel storage stmcture,
c. Some Pond.
Legal Description: The pond is situated in Section 23, Township 5 South,
Range 37 West of the 61 Principal Meridian approximately 250 feet North
of the South section line and 2,760 feet West of the East section line.
li. Source of water to fill reservoir; Spruce Creek; tributary to the Colorado
River.
iii. Amount claimed 1.56 acre-feet.
iv. Date of initiation of appropriation; December 31, 1999.
v. Date water applied to beneficial use: December 31, 1999.
vi. Amount claimed: 0.033 c.f.s., absolute,
vii. Uses: piscatorial, recreation, wildlife watering, fire protection, stock
watering
viii, Surface area of high water line: 0.73 acres.
I . Maximum height of dam: 10 feet,
2. Length of dam: approx. 400 feet.
ix.
Total capacity of reservoir. approx. 1.56 acre-feet.
1. Active storage: approx. 1.56 acre-foot.
2. Dead storage: none
x. Owner of land upon which structure. is located: Applicants.
xi. Remarks: Spruce Pond is an on -channel storage structure.
IA R.O:CW16LRuling or the Referc,. lNAL
D6/08/2007 02:47 9457388 BAIR PAGE 12
District Covet, Water Division 5
Case No. 05CW164
Application of Jerncs C. Bair, et al.
Findings of Fact, Conclusions of Law. Ruling of Referee, Judgment and Decree
Page 11 of 21
Fourth Claim for Relief:
Approval of Pian for Augmentation
7- The Applicants also request confirmation of a plan for augmentation, which is fwther
described as follows:
a. Structures to be augmented: all structures described above
b. Water right,.. to be used for augmentation: Applicants have entered into a water
supply convect (No. CW05011) with the Colorado River Water Projects
Enterprise of the Colorado River Water Conservation District ("CRWCD"J, for
7.6 acre•feet of stored water deliverable from one or more of the following
sources:
Wolford Mountain Reservoir. The CRWCD owns and operates Wolford
Mountain Reservoir (f/lt/a Cnmsight Pass Reservoir) which has the
following water rights.
1. Case No. 87CW283:
Decree Date: November 20, 1989
Legal description of place of storage: The dam is located in the
SW1/4 of the NE1/4 of Section 25, T. 2 N., R. 8i W., 6th P.M.
The intersection of the dam axis with the right abutment will occur
at a point which bears S. 54°54'20" E. a distance of 3,116.46 feet
from the NW Comer of said Section 25.
Source: Muddy Creek and its tributaries
Amount: 59,993 acre feet conditional; of this amount, 32,986 acre
feet were made absolute for piscatorial and recreational uses by
decree entered in Water Court Case No. 95CW251, and the fill
amount was made absolute for all purposes by decree entered in
Water Court Case No. 02CW 107.
ADDrbpriation Date: December, 14, 1987
Uses: All beneficial uses, including but not lireited to domestic,
municipal, agricultural and recreational uses, which uses satisfy the
requirements of the Windy Gap Settlement made with the
Municipal Subdistrict of the Northern Colorado Water
Conservancy District; use to meet the water requirements of the
inhabitants of the CRWCD for all uses, including uses in the
Middle Park area; and use to meet the tcnns of a lease agreement
executed March 3, 1987 between the CRWCD and the City and
County of Denver.
SAIR-01CW tM,Rulingofthe RefereeFTNAL
PTI 7
0E!09/2007 02:47 9457398 BAIR PAGE 13
District Court, Water Division 5
Case No. 0507064
Application *Names C. Bair, or al.
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 12 of .11
2. Care No. 95CW281:
Dienes: August 26, 1997
Leital description of piece of storage: The dam is located in the
SW li4 of the NE1/4 of Section 25, T. 2 N., R. 81 W., 6th P.M.
The as -built intersection of the dam axis (Sta, D19+35.61) with the
West Access Road (Sta. WR50+55.05), as shown on the CRWCD,
Wolford Mountain Project, Ritschard Dam construction drawing
"Dimensional Darn Layout" sheet 8 of 94, occurs ata point
which beats S. 53°24'56" B. a distance of 3,395.51 feet from the
NW Corner of said Section 25; the heating of said dam axis from
Sta. 19+35.61 to Sta. 0+00 being S. 75°28'29" 6.
lource: Muddy Creek and its tributaries
Amount: 6,000 acre feet conditional
ro gia,tion Date: January 16, 1995
Uses: All beneficial uscs by and for the benefit of the inhabitants
of the CRWCD, including but not limited to domestic, municipal,
industrial, inigarion, agricultural, piscatorial and recreational; such
uses will include environmental mitigation, including
environmental mitigation requirements associated with the
Wolford Mountain Project; such uses will be made directly or by
substitution, augmentation, or exchange. None of the water stored
in the exercise of the right will be delivered directly or by
exchange, substitution, or otbezw se for use outside of Colorado
Water Division No. 5.
3. Case No, 98CW239:
Decree Date: July 6, 2000
Legalpescription of place of etaallg>;: Same as for 95CW281.
Source: Muddy Creek and its tributaries.
Amount: 30,000 acre feet conditional with 15,895 acre feet being
absolute for recreatiottal and piscatorial and flood control.
Appropriation Date: November 17, 1998
Use: Certain of the beneficial uses previously adjudicated for
Wolford Mountain Reservoir in Case No. 87CW283, District Court.
for Colorado Water Division No. 5 (November 20, 1989 Judgment
and Decree), and Case No. 95CW281, District Court for Colorado
Water Division No. 5 (August 26, 1997 Judgment and Decree).
87CW283: The reservoir will be used to satisfy the requirements of
the Windy Gap Settlement made with the Municipal Subdistrict of
the Northern Colorado Water Conservancy District, This will
involve all uses, including but not limited to domestic, municipal,
agricultural, and recreational uses. The reservoir will also be used
BAIR-05CW1E4-Ruling of the Referee -FINAL
k'N !
OE/08/2007 02:47 9457388 FAIR PAGE 14
District Cour., Water Division 5
Case No. 05CW I64
Application of James C. Bair, ct al.
Findings of Foot, Conclusions of Lew, Ruling of Rcfewo, Judgment and Decree
Page 13 of 21
to meet the water requirements of the inhabitants of the CRWCD
for all uses, including uses in the Middle Park area. 95CW281: All
beneficial uses by and for the benefit of the inhabitants of the
CRWCD, including but not limited to domestic, municipal,
industrial, irrigation, agricultural, piscatorial and recreational; such
uses will include environmental mitigation, including
environmental mitigation requirements associated with the
Wolford Mountain .Reservoir Project; such uses will be made
directly or by substitution, augmentation, or exchange.
Remarks: The Refill Right described herein will be exercised to
provide supply for the Western Slope uses of water from Wolford
Mountain Reservoir described above, including flood control,
other operational purposes, and environmental mitigation and
enhancement for the benefit of uses within the District. The Refill
Right will not be used in conjunction with the Reservoir capacity
(24,000 acre feet) which is allocated for the supply of water to the
Deaver Board of Water Commissioners under Applicants'
contractual relationship with Denver, or the Reservoir capacity
(6,000 acre feet) which is allocated for Colorado River endangered
fish releases.
ii. Ruedi Reservoir. The CRWCD holds Contracts No, 009D6C0111,
009D6C0118, and 039P6C0011 from the United States Bureau of
Reclamation for 1:730 acre feet of annual supply from Ruedi Reservoir
and may obtain additional contracts in the future. This water will be used
in addition to and as substitution for Wolford Mountain .Reservoir water in
approptiate circumstances where Ruedi water is physically equivalent to
Wolford water.
. Legal Description of place of storage: Ruedi Reservoir is located
In Sections 7. 8, 9, 11, and 14 through 18. T. 8 S., R. 84 W., 6th
P.M., in Eagle and Pitkin Counties. The dart axis intersects the
right abutment at a point whence the SW comer of Section 7, X, 8
S., R. 84 W. of the 6th P.M. bears N. 82E10'W. a distance of 1,285
feet.
2. Source: Fryingpan River,
3. Previous Storage Decrees:
(a) Civil Action No. 4613:
Decree Date: lune 20, 1958
BAIR45CW160.Rtainr Mft Retia 4MAL
IN
06/08/2007 02:47 9457369 BAW FAGE 15
Distrin Court, Water Division 5
Cast No, 05CW164
Application of fames C. Bair, et il,
rindirgs of Fact, Conclusions of Law, Ruling of Referee, Judgrncrt and Dcorcc
Page 14o/31
Curt: Garfield County District Court
Amount 140,697.3 acre feet, reduced to 102,369 acre feet
pursuant to order of the Water Court in Case No• W-789-
76. The full amount was made absolute in Case No.
88CW85.
Appropriation Date: July 29,1957
Uses: Domestic; municipal, irrigat6ion, generation of
electrical energy, nook watering and physical.
(b) Case No. 81CW34
Decree Date: April 8, 1985
goat: District Court, Water Div. No. 5
Amount: 301280 acre feet (refill), of this amount, 44, 509
acre feet were made absolute in Case No. 95CW95 and
25,257 acre feet were made absolute in Case No.
01CW269, for a total of 69,766 sere feet absolute.
Aotnoniiation Date: January 22, 1981
irrigation, domestic, municipal, generation of
electrical energy, stock watering industrial, piscatorial,
recreation and maintenance of sufficient storage reserves to
fulfill contractual obligations and provide stored water for
recreation in times of drought.
c. Statement of plan for augmentation: Al! of the subject structures aro depicted on
attached Figure 1. The conditional and absolute water rights associated with these
structures are components of en integrated water system to serve the Bair Ranch,
a commercial hunting, fishing and outdoor recreational development consisting of
several lodges, cabins and campsites intended for short-term overnight stays and
day use. Such water rights will be used to provide water for in-house domestic
and commercial uses (these uses are commercial in that the domestic facilities are
part of a recreational resort operation), stockwatering, fire protection and to
irrigate small areas around the cabins and lodges. These water rights include small
ponds used Jot general recreational purposes, including fishing, and for fire
protection and stock watering.
A table of monthly water demands and anticipated consumptive use is anached
hereto as Table 1. Total annual diversions are expected to be approximately 14.1
acre-feet, with resulting toral annual depletions of 6.8 acre-feet.
The water demand and consumptive use estimates associated with this plan for
augmentation are based upon the following parameters: (I) 350 gallons of water
per day per equivalent residential unit (EQR) with consumptive use of 15% of this
BAIrw c WI 64 -Ruling et the Rehree•PINAI.
tN I
06/08/2007 02:47 9457398 BAIR
District Coun, Water Division 5
Case No. 95CWI64
Application of tames C. Bair, ct al.
Findings of Fact, Conclusion+ or Law, Ruling bfRefcree, Judgment and Decree
Page JS of 21
PAGE 16
amount (21.5 total EQks); (2) minimal potable water irrigation of 500 s.f. of
landscaping per EQR with 80% application efficiency for sprinklers and an
annual consumptive requirement of 1.98 a.f per acre (with any additional
irrigation to be served by Applicant's ditches that are not part of this
augmentation plan); and (3) gross annual free water evaporation of 3.54 feet nom
the pond surfaces, with no adjustment for precipitation. A breakdown of the
domestic/commercial water demands in terms of EQRs is attached as Table 2 and
a breakdown of uses per Structure is attached as Table 3.
All depletions resulting from the exercise of the augmented water rights will be
replaced with water released at the direction of the Division Engineer pursuant to
the above-described contract between the Applicants and the Colorado River
Water Conservation District ("CRWCA") and by exchange pursuant to the
appropriative rights of exchange set forth below in Applicants' Fifth Claim.
Augmentation releases Will be ten percent greater than estimated depletions to
account for transit tossed. The Applicants will install such measuring devices and
provide such accounting as the Division Engineer may reasonably require as
necessary to administer .this plan. The Applicant agrees and acknowledges that
the use of the foregoing augmentation sources may only occur for so long as the
Applicant has a contract in effect with the CRWCD.
nth Claim for Relief:
Approval of Coadtetdnal Appropriative Rights of Exchange
8. The Applicants also request confirmation of two conditional appropriative rights of
exchange described as follows:
a. Bair Ranch Wolford Exchattae,
Downstream rennin,
(1)
(2)
confluence of Spruce Creek and the Colorado River
(in the SE '/. of the NE %, of See, 15. T. 5 S., R. 87 W. of the 6th
P.M., approximately 1600 ft. from the N. Sec. Zine and 420 ft. from
the E. See. line of said Sec. 15).
confluence of Ike Creek and the Colorado River
(in the NE'/. of the SW '/. of Sec. 15, T. 5 S., R. 87 W. of the 6"'
P.M., approx. 2100 ft. from the S. See, line and 2200 ft. from the
W. Sec. lite of said See. 15).
aAIR-05C W 16s.Ruiict eche Rec./cc-FINAL
bN.I
0S/08/2e37 02:47 5457388
BAIR
District Coon, Wstcr Division 5
Can No. 05CW154
Application oflames C. Bair, ct at.
Findings of Fact, Conclusions of law, Ruling of Rcferoc, Judgment and Decree
Page 14 ej21
i• Upstream termini: each of the springs, wells and ponds identified in First,
Second and Third Claims, above.
iii. Mart nwm Rate of Exchange: 0,145 c.f.s., conditional; maximum volume
of 14.1 acre-feet annually.
iv. Date of Appropriation; August 25, 2005,
v. Remarks: The exchange claimed herein wilt be operated in conjunction
with the plan for augmentation described abovo in Applicants' Fourth
Claim. A map of the exchange reach is attached as Figure 2.
b. Bair Ranch Ruedi Exchange.
Downstream Tc'minus: confluence of Roaring Fork and Colorado Rivers
(in the SW S. of the NW V, of Sec. 9, T. 6 S., R. 89 W. of the 6,h P.M.
approx. 2200 ft. from the N. Sec. line and 2400 fl. from the W. Sec. lice)
ii. Upstream Terminus: each of the springs, wells and ponds identified in
First, Second and Third Claims, above.
Maximum Rare of.Excharrge: 0.145 c.f.s., conditional; maximum volume
of 14.1 acre-feet annually.
iv. Date ofdlppropriation: August 25, 2005
v. Remarks: The exchange claimed herein will be operated in conjunction
with the plan for augmentation described above in Fourth Claim. A map of
the exchange reach is attached as Figure 2.
CONCLUSIONS Of LAW
9. The statements in the Application are true. As such, the foregoing Findings of Fact are
incorporated into chest Conclusions of Law as though fully set forth herein,
10. The Application was complete, covering all applicable matters required under C.R.S, § 37-
92-302.
11. All notices required by law have been given, and no further notice need be given.
12, The court has jurisdiction over this subject mater and over all persons affected thereby,
whether they have appeared or not, pursuant to C.R.S. §§ 37-92.301(2) and -303(1),
BAUt.O5('W164.Rclingof:ht Refercc-FWAL
FN 1
PAGE 17
0E108/2007 32:47 9457368 BAIR PAGE 18
District Court, Water Division 5
Cast Na 05CW164
Application of James C. Bair, ct al,
Findings of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree
Page 17 or21
13. This court has authority to confirm the above-described surface, underground and storage
water rights, to approve the plan for augmentation, and to approve the above-described
conditional appropriative rights of exchange, pursuant to C.R.S. §§ 37-92-301(2), -302, -
303(1),
14. A plan for augmentation shall be approved if h will not injuriously affect the owner or
persons entitled to use water under a vested water right or decreed conditional water right.
C.R.S.§ 37-92-305(3).
15. The court finds that Applicants have demonstrated an intent to appropriate water for all of
the conditional water rights described above in Applicants' First, Second, Third and Fifth
Claims, that water is available to satisfy said appropriations, that Applicants have taken a
substantial step towards such appropriations in the amounts and for the purposes
specified above, and that waters can and will be diverted, stored or exchanged in the
times, amounts and for the uses described above, and that such waters will be applied to
beneficial use and that the project can and will be completed within a reasonable tirne and
with diligence pursuant to C.R.S. § 37-92-305(9)(b). The Court further finds that all of
the above-described water rights are part of an integrated system, and that diligence
toward the completion of any one or more of these rights shall constitute diligence toward
completion of the others.
16. A plan for augmentation shall be approved if it will not injuriously affect the owner or
persons entitled to use water under a vested water right or a decreed conditional water
right. C.R.S. § 37-92-305(3).
17. Any decree approving a plan for augmentation must be conditioned upon the retained
jurisdiction of the court for a period necessary or desirable to preclude or remedy and injury
to the vested tights of others. C.R.S. § 37-92-304(6).
18. The proposed pian for augmentation meets the statutory criteria for a plan for augmentation
set forth in C.R.S. §§ 37-92.103(9), 402(1), & -305(8), as one contemplated by law and, if
operated in accordance with the terms and conditions of this decree, the use of water
pursuant to said plan will not injuriously affect the owner of or persons entitled to use water
under a vested water right or decreed conditional water right.
RULING OF TI1t REFEREE
19. The foregoing Findings of Fact and Conclusions of Law are incorporated herein by this
reference.
20. The court hereby confines absolute surface water rights for 1-Iunting Cabin Spring, Marble
Spring, and Spruce Lodge Spring in the amounts and for the purposes described above in
BMR--OCW t644tu ins of the Rearzo-F r4AL
FNI
06/08/2@87 02:47 9457398
FAIR
Aistria anti, Water Division 5
Case Na 05CW I64
Applicsdon of !amts C. Bair, tt al.
Findings of Fact, Conclusions of Law, Ruling of Raki,-cc, Judgment and Decree
Page 1$ W21
PAGE 19
Applicants' First Claim, provided that none of such structure may collect water at a depth of
greater than ten feet from the ground surface unless Applicants first adjudicate groundwater
rights and obtain well permits for said smtcture(s). The court frillier determines that the
Spruce Lodge Spring is a near -surface structure pursuant to C.R.S. §§ 37-90.103(21W and
37-92-103(14)(b).
21, The court also hereby confirms a conditional surface water right for Homestead Spring in
the amounts and for the purposes described above in Applicants' First Claim, provided that
such structure may not collect water at a depth of greater than ten feet from the ground
surface unless Applicants first adjudicate a groundwater right and obtain a well permit.
22. The court hereby confirms conditional underground water rights for the Marble Well,
Hunting Cabin Well, Spruce Lodge Well, and Homestead Well in the amounts and for the
purposes described above in Applicants' Second Claim. The court further confirms that
these four groundwater rights may respectively be exercised as alternate points of diversion
for the Marble Springs, Hunting Cabin Springs, Spruce Lodge Spring and Homestead
Spring, as confirmed above, or vin versa.
23. The court hereby confirms absolute water storage rights for Marble Pond, Wapiti Pond, and
Spruce Pond in the amounts and for the purposes described above in Applicants' Third
Claim, provided that, should any of such structures encounter groundwater, Applicants
shall be required to line these structures.
24. The court hereby confirms conditional approprlative rights of exchange for the Bair Ranch
Wolford Exchange and the Bair Ranch Ruedi Exchange as further described in Applicants'
Fifth Claim, which exchanges shall operate in conjunction with the reservoir releases
required pursuant to the augmentation plan described above in Applicants' Fourth Claim.
25. All water rights confirmed herein are SUBJECT TO ALL EARLIER PRIORfTY RIGHTS
OF OTHERS, and to the integration and tabulation by the Division Engineer of such
priorities in accordance with law.
26. Should the Applicants desire to maintain the conditional water Tights confirmed herein, an
Application for Findings of Reasonable Diligence shall be filed in the same month of the
sixth calendar year following entry of this decree, unless a detmnination has been made
prior to that date that such conditional rights have been made absolute by reason of
completion these appropriations, or are otherwise disposed of.
27. The court hereby approves the plan for augmentation described above in Applicants' Fourth
Claim. subject to the following terms and conditions which are intended to alleviate any
potents! injury to other vested water rights:
BAIR-0SC W I (A -Ruling otebe Rearee.E NAL
!eNl
08/08/2007 02:47 9457338 BAIR PAGE 20
District Court Water Division 5
Cass No. 05CW I b4
Application of James C. Bair, et al.
Findings of Fact, Conctusioos of Law, Ruling of Referee, Judgment and Decree
Page 19 of Il
a. Applicants hold and own vested water rights on Ike Creek and Spruce Creek below
the etrucntres to be adjudicated in this proceeding. These structures are situated such
that reservoir releases pursuant to the above-described augmentation plan (which
accrue to the Colorado River) will not physically provide augmentation water to
these intervening water rights. To this extent, should ownership of the intervening
water rights ever be severed Broth ownership of the augmented water rights
described in this decree, this augmentation plan may terminate and out -of -priority
water uses may be curtailed unless the intervening Local water rights are legally
subordinated to the augmented water rights and the two exchanges decreed herein.
b. The above-described augmentation plan estimates transit losses on reservoir releases
to be ten percent (10%) of the amount of water released from storage. This transit
loss estimate is accepted for the purposes of this decree but all actual transit losses
are subject to changing conditions and shall be determined by the State and Division
Engineer at the time that replacement releases are made.
c. A copy of the Applicants' watet supply contract with the Colorado River Water
Consenation District shall be supplied to the court and the Division Engineer and,
should said contract ever terminate, the plan for augmentation described above shall
tease to operate and all out -of -priority water uses shall be curtailed unless and until
an alternate augmentation source is identified and approved by subsequent decree of
this court (except to the extent Applicants may obtain approval of a temporary
substitute water supply plan from the State and Division Engineers as allowed by
law).
28. Pursuant to C.R.S. § 37.90-137(2), Applicant shall obtain a well permit for each of the wells
described above prior to construction or utilization of each of said structures.
29. Pursuant to C.R.S. § 37-92-305(8), in administering the augmentation ,plan, the State
Engineer shall curtail all out -of -priority diversions, the depletions fsvcn which are not so
replaced as to prevent injury to vestedwater nghts.
30. Pursuant to CRS. § 37-92-502(5), the Applicants shall install and maintain measuring
devices, provide accounting and supply calculations regarding the timing of depletions as
required 'oy the Division Engineer for the operation of the augmentaton plan. The
Applicants shall also prepare and provide an aanual report to the Division Engineer
summarizing depletions and replacements pursuant to this plan on or before November 15
of each year. The timing and amount of augmentation releases shall be at the discretion and
direction of the Division Engineer.
31. Pursuant to C.R.S. § 37.92.304(6), the approval of the augmentation plan described
above shall be subject to reconsideration on the question of injury to the vested rights of
others for a period of five (5) calendar years following the date on which Applicants'
BA!R.O:C W 764 Ruling of the Referee-FRJAL
.VN 1
06/08/2007 02:47 9457388 FAIR FAGE 21
District Court, WeterDivision 5
Care No. 05CW 164
Application of Jamas C. Rair, of al.
Findings of Fact, Conclusion! of Law, Ruling of Referw, ludgmovt and Demme
Page 20 0'21
development reaches 75% build -out (which shall be deemed to occur when 75% of the
projected water demands described herein are realized and recorded in Applicants'
annual accounting that is submitted to the Division Engineer).
it is accordingly ORDERED that this Ruling of Referee shall be filed with the Water
Clerk and shall become effective upon such filing. subject to judicial review pursuant to C.R.S. §
37.92.303, as amended.
It is further ORDERED that a copy of this Ruing of Referee and judgment and decree
shall be filed with the State Engineer and the Division Engineer for Water Division No, 5.
rA
DATED this G da:/of cl 1 , 2007.
cc: Hamilton
Fleming
SAIR.e5CW! 6.a.Rullne of 4u Rearec-FINAL
FNr
BY THE R "FREE:
I, k 111•
u+ �
on. Lain Leo's
Water Referee, Water Division No. 5
State of' Colorado
06108/2007 a2:47
9457398
PAIR
PAGE 23