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HomeMy WebLinkAbout1.03 Well-water informationDATE: February 1, 2012 TO: Pete Welles 5343 CR 100 Carbondale, CO 81623 RE: Well Tests Attn: Pete, 'J £C. M Pump :Inc. 8611 &w!Uf .'llo.ad 117 (j£enw=.d Sp'linffo eCJ 81601 9'fwtw: 970-945-6159 e.dl: 970-948-6159 flcux: 970-945-6159 Well Test J & M Pump Inc. performed a twenty four hour well test at the residence listed above. The following results were obtained: Well Depth: Water Level: Drawdown To: Sustained Yield Bore Storage in Well: Clarity: Recovery: Sample: 420' 376' measured from top of casing 417' 3.7 GPM @127 Gallons Clear 95% within 25 minutes Bacteria This pump open discharges into a 5000 gallon holding tank. A submersible pump in the tank delivers water to main house If you have any questions, please call Rick, 945-6159 J & M Pump Inc. Richard A Holub Lie. No 1196 Thank You! State of Colorado Water Resources -View Well Details: Receipt 0361528 12/14/11 2:17PM Well Constructed ( Help ) last Refresh: 12/14/201112:01:05 AM Receipt: Permit#: Well Name I#: Designated Basin: Case Number: WDID: 0361528 43011-F- Division: Water District: County: Management District: 3808460 -COLLUM-CHARDONNEY WELL I [ ] Applicant/Owners History Date Range Unknown -Present Applicant/Owner Name CHARDONNAY ONDY & EDWARD H COLLUM I [-] Location Information Approved Well Location: 5 38 GARFIELD Address PO BOX 831 City/State/Zip BASALT, CO 81621 Q40 Q160 SE NE Section 2S Township 7.0S Range 88.0W PM Sixth Footage from Section Lines 2400 N 700 E Northing (UTM y): 4365437.7 Easting (UTM x): 313707.2 Location Accuracy: Spotted from .section lines Physical Address Subdivision Name MISSOURI HEIGHTS City/State/Zip Parcel ID: [ ] Permit Details Date Issued: 11/26/1993 Use(s): DOMESTIC Special Use: AUGMENTED Area which may be irrigated: Maximum annual volume of appropriation: Statute: Filing Block Lot @:) Acres in Tract: Date Expires: 11/26/1994 Aquifer(s):ALL UNNAMED AQUIFERS Permit Requirements: Totalizing Flow Meter Yes Geophysical Log No Abandonment Report No Cross Reference Permit(s): Permit Number IS5464-- Receipt 0303671A Description Comments: EXPANDED USE OF #155464 ONE SF DWELLING 10000 SF IRRI BASALT CONTR. I [-] Construction/Usage Details Well Construction Date: 07/27/1989 Well Plugged: Pump Installation Date: 11/26/1993 1st Beneficial Use: 11/26/1993 Elevation Depth 420 Perforated Casing {Top) Perforated Casing (Bottom) Static Water Level Pump Rate 360 420 344 10 Lie# Name Driller 1193 CERISE, DEl TON Pump Installer 1050 SAMUELSON, RAUN I [-] Application/Permit History Pump Installation Report Received Statement of Beneficial Use Received Rrst Beneficial Use '>ermit Issued ump Installed Application Received Address BOX 1059 BASALT, CO 81621 BOX 297 GLENWOOD SPGS, CO 81602 04/17/1997 I0/28/I994 11/26/1993 11/26/1993 11/26/1993 10/20/1993 http://www.dwr.state.co. us/Wei1PermitSearch/View.aspx?receipt=03 615 2 8 Phone Number 970-945-2994 970-945-6309 v--~c.f ~ ~·" ... Lt+ Page 1 of 2 State of Colorado Water Resources-View Well Details: Receipt 0361528 Well Construction Report Received Well Constructed j [-] Imaged Documents 09/14/1989 07/27/1989 Document Name Date Imaged Annotated Original File 12/09/2007 No http://www.dwr.state.co.us/WeiiPermitSearch/View.aspx?recei pt=03 615 2 8 12/14/11 2:17PM Page 2 of 2 State of Colorado Water Resources-View Well Details: Receipt 0303671A C<Jl<Jt:aJ.cl<J .OlYl;Jl<JJJ a\1 ·'·!EJ(Bf ~50l.Jj'lli£) Permit Canceled Receipt: 0303671A Division: 5 Permit#: 155464--Water District: 38 Well Name I#: County: GARFIELD Designated Basin: Management District: Case Number: WDID: I [-] Applicant/Owners History Date Range Unknown -Present Applicant/Owner Name CHARDONNAY CINDY/COLLUM NED I [-) Location Information Approved Well Location: Address PO BOX 581 (-;:ki;-J Last Refresh: 12/14/201112:01:05 AM , ___ , City/State/Zip BASALT, CO 81621 Q40 Q160 Section 25 Township 7.0S Range 88.0W PM Sixth Footage from Section Lines SE NE 2400 N 700 E Northing (UTM y): 4365437.7 Easting (UTM x): 313707.2 Location Accuracy: Spotted from section lines Physical Address Subdivision Name City /State/Zip Filing Block Lot Parcel ID: Acres in Tract: / [-] Permit Details Date Issued: 09/28/1989 Date Expires: 'Jse{s): HOUSEHOLD USE ONLY Aquifer{s):All UNNAMED AQUIFERS :peclal Use: Area which may be irrigated: Maximum annual volume of appropriation: Statute: Permit Requirements: Totalizing Flow Meter No Geophysical Log No Cross Reference Permit{s): Comments: Permit Number ::um.u..:. I [ ] Construction/Usage Details Well Construction Date: 07/27/1989 Well Plugged: Receipt !nill2l! Description Pump Installation Date: 1st Beneficial Use: Abandonment Report No Elevation Depth 420 Perforated Casing (Top) Perforated Casing {Bottom} Static Water Level Pump Rate 360 420 350 10 Lie# Name Driller 1193 CERISE, DELTON / [-] Application/Permit History Permit Canceled Permit Issued Well Construction Report Received Application Received Well Constructed 1 [-) Imaged Documents Address BOX 1059 BASALT, CO 81621 11/26/1993 09/28/1989 09/14/1989 08/08/1989 07/27/1989 Document Name Date Imaged Annotated Orioinal File 12/06/2007 No http://WWW .dwr .state.co.us/WeiiPerm itSearch /View .aspx?rece ipt=O 3 036 71A Phone Number 970-945-2994 12/14/11 2:19PM Page 1 of 1 Form COLORADO DIVISION OF WATER RESOURCES For Office Use Only No. DEPARTMENT OF NATURAL RESOURCES GWS-11 1313 Sherman St., Ste 821, Denver, CO 80203 '1/2011 Main:_ (303)_ 866-3581 Fax:_f303L 866-2223 ldwroermitsonlinerwstate.co.us 1 CHANGE IN OWNER NAME/ADDRESS CORRECTION OF THE WELL LOCATION Review instructions on the reverse side prior to completing the form. Name 1 address and ~hone of gerson claiming ownershiQ of the well (;!:ermit: Name(s): PETER S. WELLES AND SONDRA T. WELLES Mailing Address: 3013 CAVES RD City, St. Zip: OWINGS MILLS, MD 21117 Phone 970-963-7480 Email Address: pw@mindspring.com This form is filed by the named individual/entity claiming that they are the owner of the well permit as referenced below. This filing is made pursuant to C.R.S. 37-90-143. WELL LOCATION: Well Permit Number: 43011-F Receipt No.: 0361528 Case Number: County Garfield Well Name or# (optional) 3808460 Collum-Chardonne~ (Address) (City) (State) (Zip) ~1/4 ofthei!I_ 1/4, Sec.~. Twp. Z:Q_ 0 N. or 1E1 S., Range88.0 DE. orE!IW.,SIXTH P.M. Distance from Section Lines:2400 Ft. From !Rl N. or 0 S., 700 Ft. From 0 E. or 0 W. Line. OR: GPS well location information in UTM format. You must check GPS unit for required settings as follows: mat must be UTM, 0 zone 12 or 0 zone 13; Units must be meters; Datum must be NAD83; Unit must be set to true north. Easting Northing .. Subdivision Name MISSOURI HEIGHTS Lot , Block , Filing/Unit The above listed owner(s) say(s) that he, she (they) own the well permit described herein. The existing record is being amended for the following reasons: 1!1 Change in name of owner D Change in mailing address D Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. I (we) claim and say that I (we) (am) (are) the owner(s) of the well permit described above, know the contents of the statements made herein, and state that they are true to my (our) knowledge. Sign or enter the name(s) of the new owner(s) If signing print name & title Date (mm/dd/yyyy) PETER S. WELLES AND SONDRA T. WELLES It is the responsibility of the new owner of this well permit to complete and/or sign this form. If an agent is signing or entering information please see instructions. Please send confirmation of acceptance of change in owner name/address via: 0 Email address listed above U US Mail State Engineer By Date Fonn No. GWS-11 11/2011 INSTRUCTIONS FOR CHANGE IN OWNER NAME/ADDRESS/LOCATION CORRECTION NO FEE IS REQUIRED The form can be computer generated on-line, typewritten or printed in BLACK OR BLUE INK. This form may be reproduced by photocopying or computer means. If filing online please see online filin% instructions for further information. You may also save, print and email the completed form to: I dwr ermitsonline@state.co us! INCOMPLETE OR FALSIFIED FORMS WILL NOT BE ACCEPTED. Be sure to include the well permit number in the space provided in the section titled "'WELL LOCATION". The form is to be completed by the well permit owner (the individual. company or entity claiming ownership of the well permit). Print the well permit owner's name and include the mailing address and phone number. Complete the well location information. The Well Name or# is optional and is a designation provided by the well permit owner. If the address of the well location is different than the mailing address of the owner, include the address where the well is located. The actual well location must include Y., Y., Section, Township and Range. Check the appropriate boxes for distance from section lines North or South and East or West directions OR GPS (UTM) Easting and Northing coordinates as indicated on the front of this form. Colorado contains two UTM zones (12 & 13). Zone 13 covers most of Colorado. On most GPS units, the UTM zone is given as part of the Easting measurement, e.g. 12T0123456. Check the appropriate box for the zone. Complete the Subdivision, Lot, Block and Filing infomnation, if applicable. Indicate in the appropriate boxes if the form is submitted to change the ownership and/or address, or both. The individual signing the application or entering their name (and title if applicable) must be the applicant or an officer of the corporation/company/agency identified as the applicant or their attorney. An authorized agent may also sign or enter their name on the application if a letter signed by the applicant or their attorney is submitted with the application authorizing that agent to sign or enter their name on the applicant's behalf. USE THIS FORM TO CORRECT THE LOCATION OF A WELL IF: A. The well was permitted, registered, or first used prior to May 8, 1972 for ordinary household purposes in up to three single-family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and the irrigation of not over one acre of home gardens and lawns. B. The well is not of the type described in A above, but was permitted or registered prior to May 17, 1965. Inside the Designated Ground Water Basins, other procedures and publication may be required. IN ALL OTHER CASES USE FORM GWS-42 (CORRECTION OF WELL LOCATION FORM). If you have questions, contact the Denver Office or the Division Office where the well is located. Contact information is also available from our website alhttp://www.water.state.co.usl Also, if filing online with internet email (non-outlook email) the address is: I dwroermitsonline@state.co.us I ASSIGNMENT OF ALLOTMENT CONTRACT NO. 221 BASALT WATER CONSERVANCY DISTRICT FOR VALUE RECEIVED, Edward H. Collum and Cindy Chardonnay ("Assignors"), hereby sell, assign, transfer, and set over to Peter S. Welles and Sondra T. Welles ("Assignees") all of Assignors' right, title, and interest in and to that certain Water Allotment Contract with the Basalt Water Conservancy District dated August 9, 1993, which Contract allots 0.033 cubic feet of water per second from the District's direct flow rights and 1.0 acre feet of water per year of storage and/or other augmentation water owned or controlled by the District for use on that real property described in Exhibit A, attached hereto and incorporated herein by this reference. This Assignment is conditioned upon the consent thereto by the Basalt Water Conservancy District as hereinbelow provided. Assignees hereby assume and agree to pay and perform all of the obligations of the Allottee under said Contract. This Assignment shall be effective upon Assignors' conveyance of the above described property to Assignees. Dated this /3 f-L day of 944 , 2006. Assignees' Mailing Address: Peter and Sondra Welles 30I3__L!Av_e_s_ __ g~-----­Qu.JL&'iL:ML!b_t-t~----- ---·--·---------------dLJj_7..__ By: By: By: By: Telephone No.: j!{i)_::_,_j.k3_:_j)JJ__2_ __ """'·~'"'"'"'~"eP>eo"aur"~ "" "'"''· ''"' < '''''""'' '"''"'""'., "'' n" H "• ~"' Cindy hardonnay, A ·gnor ~i PeterS. Welles, Assigne~ Sondra T. Welles, Assignee . 1- CONSENT TO ASSIGNMENT The Basalt Water Conservancy District hereby consents to the foregoing Assignment subject to the terms of and conditions of said Contract and the District's receipt of all charges related thereto. The District's consent to this Assignment is subject to the additional conditions set forth on Exhibit B attached hereto. Dated this 13th day of July, 2006. By: Christopher L. Geiger, Attorn for Basalt Water Conservancy District \ EXHIBIT A A parcel of land which is part of the SEY.NEY, of Section 25, Township 7 South, Range 88 West of the Sixth Principal Meridian, said parcel of land is more fully described as follows: Beginning at a brass cap in place and properly marked for the East One Quarter corner of said Section 25; thence N. 89'05'36" W. along the South line of said SEY,NEY. (with all bearings contained herein relative to a bearing of S. 01' 47'00" W. on the East line of the NEY. of said Section 25) 322.81 feet to the true point of beginning; thence N. 89'05'36" W. along the South line of said SEY.NEY.· 988.00 feet to the SW Corner of said SEY.NEY.; thence N. 02'03'18" E. along the West line of said SEY.NEY. 525.00 feet; thence N. 79'10'30" E. 924.12 feet; thence S. 04 '54'50" E. 716.49 feet to the True Point of Beginning. Together with an access and Utility Easement described in Deed recorded January 27, 1977 in Book 492 at Page 927 as Reception No. 276571, and in Deed recorded March 23, 1979 in Book 525 at Page 52 as Reception No. 292893. EXHIBITB TO ASSIGNMENT OF BASALT WATER CONSERVANCY DISTRICT CONTRACT The Assignment to which this Exhibit is attached to and made a part of is approved and made subject to the following conditions: 1. By acceptance of this Contract, Assignee acknowledges [this contract is included within a decreed plan for augmentation, Case No. 98CW026/98CW089 (Consolidated), and is subject to the terms and conditions of said decree. In the event the District includes the Assignee's water allotment in any further Application for a plan of augmentation, Assignee will provide such information and assistance, including testimony, as may be needed for judicial approval of the plan. The District makes no warranty that it will secure approval of the plan. The District may establish an augmentation plan fee to be paid by the holder of any Contract or amended Contract to be included within a plan of augmentation to be filed by the District, which fee shall be payable in advance of the inclusion of such Contract in a District plan of augmentation and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the Contract holder. Conversely, if such augmentation plan fee paid by the Contract holder does not cover the Contract holder's pro rata portion of the actual expenses incurred by the District in completing said plan of augmentation, then Assignee shall pay the remaining balance of its portion of the actual expenses upon the District's providing the holder with a statement for the same. To the extent that the District is caused additional costs because of objections filed specifically due to the inclusion of Assignee's Contract in the filing, such additional costs may be charged specifically to Assignee and not shared on a prorata basis by all Contractees. 2. Any and all conditions imposed upon the release and diversion of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No.5 shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constitute the District's representation that the Assignee will receive a well permit or water rights decree for the land to be benefitted hereby. 3. In lieu of recording the Water Allotment Contract or this Assignment, a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Assignees. -4· 4. PAYMENT: Assignee shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Assignee, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, a late fee of $50 (or other amount as the Board may set from time to time) will be assessed and final written notice of the delinquent account and late fee assessment will be sent by the District to the Assignee at Assignee's address set forth in the Assignment attached. If payment is not made within thirty (30) days after said final written notice, the District may, at its option, elect to terminate all of the Assignee's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. 5. WELL PERMIT: If Assignee intends to divert through a well, then Assignee must provide to District a copy of Assignee's valid well permit before the District is obligated to deliver any water hereunder, and it is the Assignee's continuous duty to maintain a valid well permit. Assignee shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Assignee must comply with the well-spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well-spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Assignee's failure to comply. Assignee agrees to mark the well in a conspicuous place with the permit number. 6. MEASURING DEVICE OR METER: Assignee agrees to provide, at its own expense, a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Assignee's water right and the terms of this Contract. On or before November 15 of each year, Assignee will provide accurate readings from such device or meter (recorded on a monthly basis for the period November 1 through October 30 of each year) to District, the Division Engineer and Water Commissioner. Assignee acknowledges that failure to comply with this paragraph could result in legal action to terminate Assignee's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Assignee hereby specifically allows District, through its authorized agent, to enter upon Assignee's property during ordinary business hours for the purposes of determining Assignee's actual use of water. 7. COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT. Assignee shall comply with Section 404 of the Clean Water Act and consult with the Army Corps of Engineers to complete any Section 404 compliance that may be required as a result of the construction of any facilities necessary to use contract water. ·5- 8. CONTRACTTERMINATION: A. Termination by District: I. The District may terminate this Contract for any violation or breach of the terms of this Contract by Assignee. 2. The District may terminate this Contract if, in its discretion, any judicial or administrative proceedings initiated by Assignee threaten the District's authority to contract for delivery or use of the District's water rights, or threaten the District's permits, water rights, or other interests of the District. B. Termination by Assignee: 1. Assignee may terminate this Contract in its entirety for any reason by notifying the District in writing of the termination on or before Aprill. Notice by said date will prevent the Assignee's liability for the next annual contract charge. BASALT WATER CONSERVANCY DISTRICT WATER ALWTMENT CONTRACT Pursuant to C.R.S. 1973, 37-45-131 Edward H. CoUum and Cindy Chardonnay (hereinafter collectively "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, tl ~ .• for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the folJowing terms and conditions: · 1. OUANJITY: In consideration of the covenants lll)d-9Jll!Qitions herein contained, Applicant shall be ~n~tled t~ receive ~d ap~I!C~.:neficial use~03~):ubic foot of water per second from the D1strtct's direct flow nghts cu~cre foot per year of storage water owned or controlled by the District. · 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, or other decrees or water rights hereafter acquired by the District, including the District's contractual right to receive storage water from Ruedi Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange releases made from the District's storage rights in Ruedi Reservoir or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi Reservoir shall be subject to the District's lease Contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. 3. PURPOSE ANP LOCATION OF USE: Applicant will use the waters herein granted for beneficial purposes limited to the augmentation of existing and future wells and other water sources, within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described on Exhibit • A • attached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: _x_ Domestic/Municipal _ Industrial/Commercial _ Agricultural Other ________________________________________________________ __ Applicant acknowledges that usage of the District's water rights as herein contemplated shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right to use certain waters. It is acknowledged that certain locations within the District may not be · ·susceptiot·e· ·ro ·servtce ·so1e1y· ·oy ·tne · DiStnct~ s ·warer ·ngrats· at1ottea · nereuna·er·or ·llie · u1smc·tJ s ·sru.a· water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may, utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allot- ment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro-rata portion of such expenses. Applicant shall be solely responsible for providing works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the Water Court in the adjudication thereof. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not -2- made within thirty (30) days after said written notice, the District may, at its option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi-municipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNPS: The Applicant agrees that so long as this Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said Applicant without the prior written approval of the Board of Directors of the District. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district properly organized and existing under and by virtue of the laws of the State of Colorado and then only if such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract, have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. -3- 7. QTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out-of-house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 13. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and -4- shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. STATE OF COLORADO COUNTY OF )}4 h l'f;q 9}e ) ) ) ss. Edward H. Collum c/o Kevin L. Patrick, P.C. 205 S. Mill Street, Suite 300 As~~'>'co 81~611 ::u ~ ' ~-·~·-·;. ? 0~ A~· ·.~ ~ 4./U%.;;.-~~l Cindy ~h · (lonna~ /J c/o Kevm L. Patrick, P.C. · 205 S. Mill Street, Suite 300 Aspen, CO 81611 Subscribed and sworn to before me this l:{j_ day of by Edward H. Collum and Cindy Chardonnay. WITNESS my hand and official seal. My commission expires: My Commission expires 6/22,196 ·5· ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT EDWARD H. COLLUM AND CINDY CHARDONNAY Application having been made by or on behalf of Edward H. Collum and Cindy Chardonnay and all parties interested in the foregoing Water Allotment Contract and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the foregoing Water Allotment Contract for 0.033 cubic foot of water per second from the District's direct flow rights and 1.0 acre foot of water per year of storage water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the foregoing Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. Applicant has provided the District proof that the proposed use of the land to be benefitted by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use and by executing the foregoing water allotment contract has represented and warranted to the District that the lot or parcel to be benefitted hereunder is legally subdivided. 2. By acceptance of this Contract, Applicant acknowledges that within two years of the date hereof or such later date as the District may approve, the Applicant shall file with the Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes hereinabove set forth or the Applicant's water allotment as provided in this Contract shall be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders included in such plan; provided that inclusion of the Applicant's water allotment in the District's plan of augmentation shall be at the District's sole discretion. The District may establish an augmentation plan fee to be paid by the holder of any Contract to be included within a plan of augmentation to be filed by the District, which fee shall be payable in advance of the inclusion of such Contract in a District plan of augmentation and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the Contract holder. 3 The Applicant has acknowledged that the land to be benefitted by the water allotted hereunder is located within the District's service Area Band the Applicant is aware that the District's temporary water supply plan approved by the State Engineer is confined to District service Area A. Accordingly, the District's sole obligation under this contract shall be to release the water allotted hereunder at the outlet works of Ruedi Reservoir. Granting of this Allotment Contract does not constitute the District's representation that the Applicant will receive a well permit or water rights decree for the land to be benefitted hereby. F:\FORMS\BWCO\ALLOT .ORD\Rev. 3115193 4. Any and all conditions imposed upon the release and diversion of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constitute the Districts representation that the applicant will receive a well permit or water rights decree for the land to be benefitted hereby. 5. If Applicant intends to divert water through a well or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obligated to allot water for the benefit of Applicant hereunder. 6. The Applicant has acknowledged that the land to be benefitted by the foregoing and attached Contract is described as follows on Exhibit "A" attached hereto and incorporated herein. A Approved this ? day of WorulfL-' 1993. BASALT WATER CONSERVANCY DISTRICT Attest: By:~4u-JnJ Secretary ByclJ~ res1 nt KEVIN L. PATRICK BRIAN L. STOWE:LL KEVIN L. PATRICK, P.C. ATTORNEYS AT LAW A PROFESSIONAL CORPOR!nON December 9, 1993 Dan Kerst, Esq. Schenk, Kerst and deWinter 302 Sth Street Glenwood Springs, co 81601 Re: Application for Basalt Water Conservancy District Allotment contract of Ned Collum and Cindy Chardonnay Dear Dan: 205 SOUTH MILL SUITE 300 ASPEN, COLORADO 81611 (303) 920-1028 TELECOPIER 1303) 925·6847 Please find enclosed an executed copy of the above-referenced Allotment contract, together with a copy of Well Permit No. 043011- F, which was approved on November 26, 1993. Thank you for your assistance, and if you have any questions please call me. Very truly yours, KEVIN L. PATRICK, P.C. A Professional corporation CLA:cla 0331algc.04 cc: Mr. & Mrs. Collum APPLICANT: NAME OF DEVELOPMENT: TYPE OF DEVELOPMENT: LOCATION: AMOUNT OF CONTRACT: SOURCE: BASALT WATER CONVERSANCY DISTRICT WATER ALLOTMENT CONTRACT APPLICATION 08/09/1993 Collum and Chardonnay N/A single-Family Home Area A east of Crystal Springs Creek 1. o acre-feet 15 GPM Proposed Well '· BASALT WATER CONVERSANCY DISTRICT Water User: COLLUM/CNAADDNNAY Analysis Date :AUGUST 9, 1993 WATER R~QUIREHENTS (acre feet) Total Demand Constlf1)tive Use (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) Domestic Comnercial Lawn Crop Domestic Comnercial Lawn Crop • Month In-house or Other Irrigation Jrrtgatfon Livestock TOTAL In-house or Other Irrigation lrrfgation Livestock TOTAL ------------------1----------------------------------------------------------------l---------------------------------------------------------------------1 January February March April May June July August Septerrber October November December TOTALS ·····> ( 1) (2) (3) (4) I I I 1 o.o3o o.ooo o.ooo o.ooo o.ooo o.o3o 1 o.oo5 o.ooo o.ooo o.ooo o.ooo o.oos 1 1 o.o21 o.ooo o.ooo o.ooo o.ooo o.o2r 1 o.o04 o.ooo o.ooo o.ooo o.ooo o.o04 1 1 o.o3o o.ooo o.ooo o.ooo o.ooo o.o3o 1 o.oo5 o.ooo o.ooo o.ooo o.ooo o.oo5 1 1 o.o29 o.ooo o.o1o o.ooo o.ooo o.o39 1 o.oo4 o.ooo o.o08 o.ooo o.ooo o.o13 1 I o.o3o o.ooo o.1o3 o.ooo o.ooo o.133 1 o.oo5 o.ooo o.082 o.ooo o.ooo o.091 1 I o.o29 o.ooo o.134 o.ooo o.ooo o.164 1 o.o04 o.ooo o.1o5 o.ooo o.ooo o.118 1 1 o.o3o o.ooo o.126 o.ooo o.ooo o.156 1 o.oo5 o.ooo o.1o1 o.ooo o.ooo 0.111 1 1 o.o3o o.ooo o.oso o.ooo o.ooo o.11o 1 o.oo5 o.ooo o.064 o.ooo o.ooo o.o12 1 1 o.o29 o.ooo o.o68 o.ooo o.ooo o.09s 1 o.oo4 o.ooo o.o55 o.ooo o.ooo o.o6z 1 1 o.o3o o.ooo o.o11 o.ooo o.ooo o.048 1 o.oo5 o.ooo o.o14 o.ooo o.ooo o.o19 1 1 o.o29 o.ooo o.ooo o.ooo o.ooo o.o29 1 o.oo4 o.ooo o.ooo o.ooo o.ooo o.oo5 1 1 o.o3o o.ooo o.ooo o.ooo o.ooo o.o3o 1 o.oo5 o.ooo o.ooo o.ooo o.ooo o.oo5 1 l---------------------------------------------------·------·-----1---------------------------------------------·-------------·----------l 1 o.35s o.ooo o.538 o.ooo o.ooo o.897 1 o.o54 o.ooo o.431 o.ooo o.ooo o.509 1 1----------------------------------------------------------------f-----·-----------------------------------------------------·----------l tl of Resfdenees 1. (5) #of Livestock a 11 gals/day 0 # persons/residence 4 II gattons/persotVday 80 (7) X CU for Domestic/Commercial 15 commercial/Other Demand (af) 0.000 (9) X Lawn lrrig. Efficiency 80 Consumption of lrrig. (aftac) 1.865 Sq .. Ft. of lawn Irrigated 10000 • (10) X Crop lrrig. Efficiency 30 Lawn Application Rate (af/ac) 2.331 Consumption of Jrrig. (aftac) 0.000 Acres of Crop Irrigated 0.00 (9·10) Elevation (feet) 7000' Crop Application Rate (af/ac) 0.000 • (12) Total Includes 5X Transit loss < .V\VE."RSIOr-1 o, IOo.>l l'>.t:; +-5',7o ~ o. ~4-AF --=-- C.<>"·hc.or .-\' 0 ""';: t_:.::;-t::,f-., .. . ... A parcel of land which is part of the S~~ of Section 25. Township 7 South, Range 88 West of the Sixth Principal Meridian. said parcel of land is more fully described as follows: Beqinning at a brass cap in place and properly marked for the East One Quarter corner of said Section 251 thence N. 89°05'36" W. along the South line of said S~~ (with all bearinqs contained herein relative to a bearinq of S. 0!047'00" W. on the East line of the~ of said Section 25l 322.81 feet to the true point of beginning; thence N. 89"05'36" W. along the South line of said S~N~ 988.0 feet to the SW Corner of said s~~~ thence N. 02"03'18" E. along the West line of said S~tlEl( 525.00 feet; . thence N. 79"10'30" E. 924.12 feet; thence S. 04°54'50" E. 716.49 feet to the true point of beginning. COUNTY OF GARFIELD STATE OF COLORADO DATE: February 2, 2012 TO: Pete Welles 5343 CR 100 Carbondale, Co, 81623 RE: Well Tests Attn: Pete, :J £ M Pwnp Jnc. 8611 &unly, .'Raad 117 CJfetrW<Wd Spwlfl" e(!} 81601 P!i<""' 970-945-6159 e£1: 970-94S-6159 :Jwx: 970-945-6159 Well Test J & M Pump Inc, performed a twenty four well test at 5345 CR 100, The flowing results were obtained: Well Depth: Water Level: Drawdown To: Sustained Yield Clarity: Recovery: Sample: 407' 315'6" measured from top of casing 355 '2" measured from top of casing 15 GPM Clear I 00% within 1 hr 22 minutes Bacteria If you have any questions, please call Rick, 945-6159 J & M Pump Inc. Richard A Holub Lie. No 1196 Thank You! Form COLORADO DIVISION OF WATER RESOURCES For Office Use Only No. DEPARTMENT OF NATURAL RESOURCES GWS-11 1313 Sherman St., Ste 821, Denver, CO 80203 1120 II Main: 1303) 666-3561 Fax: (303) 866-2223 dwrpermitsonline(ii]statc· •cv.u.s CHANGE IN OWNER NAME/ADDRESS CORRECTION OF THE WELL LOCATION Review instructions on the reverse side prior to completing the form. Name, address and Qhone of Qerson claiming ownershiQ of the well Qermit: Name(s): PETERS. WELLES AND SONDRA T. WELLES Mailing Address: 3013 CAVES RD City, St. Zip: OWINGS MILLS, MD 21117 Phone 970-963-7 480 Email Address: pw@mindspring.com This form is filed by the named individual/entity claiming that they are the owner of the well permit as referenced below. This filing is made oursuantto C.R.S. 37-90-143. WELL LOCATION: Well Permit Number: 155464 Receipt No.: 0303671A Case Number: County Garfield Well Name or# (optional) 3808460 Collum-Chardonnay (Address) (City) (State) (Zip) ~ 1/4 of thel!L 1/4, Sec.~. Twp. 2:Q__ _ N. or x S., Range 88.0 0 E. or0 W., SIXTH P.M. Distance from Section Lines: 2400 Ft. From x N. or S., 700 Ft. From IE] E. or 0 W. Line. OR: GPS well location information in UTM format. You must check GPS unit for required settings as follows: ·ormat must be UTM, zone 12 or zone 13; Units must be meters; Datum must be NAD63; Unit must be set to true north. Easting Northing Subdivision Name MISSOURI HEIGHTS Lot 151 , Block , Filing/Unit The above listed owner(s) say(s) that he, she (they) own the well permit described herein. The existing record is being amended for the following reasons: II Change in name of owner Ill Change in mailing address D Correction of location for exempt wells penmitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further infonmation reoardino correction of the well location. 1 (we) claim and say that I (we) (am) (are) the owner(s) of the well permit described above, know the contents of the statements made herein, and state that they are true to my (our) knowledge. Sign or enter the name(s) of the new owner(s) If signing print name & title Date (mm/dd/yyyy) PETERS. WELLES AND SONDRA T. WELLES It is the responsibility of the new owner of this well permit to complete and/or sign this fonm. If an agent is signing or entering information please see instructions. Please send confirmation of acceptance of change in owner name/address via: l.LI Email address listed above U US Mail I State Engineer By Date Form No. GWS-25 . APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Cenlennlal Bldg., 1313 Sherman Sl, Denver, Colorado 80203 (303) 866-3581 WELL PERMIT NUMBER __ _,6~2"-79"'7..._ __ -·..!:F:..___· DIV. 5 WD 38 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NE 1/4 Section 25 SHELDON GROSS Township 7 S Range 88 W Sixth P.M. C/0 PATRICK MILLER & KROPF PC DISTANCES FROM SECTION LINES 730 E DURANT STE 200 1553 Ft. from North Section Line ASPEN, CO 81611-1032 Ft. from East Section Line LIC (970) 920-1028 UTM COORDINATES (Meters,Zone:13,NAD83) PERMIT TO CONSTRUCT A WELL Easting: Northing: 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 ensure 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 37-9Q-137(2) on the condition that this well is operated In accordance with the Basa~ Water Conservancy District Augmentation Plan approved by the Division 5 Water Court in case nos. 98CW26 and 98CW89 (Consolidated). If this wallis not operated In accordance with the terms of said decree, It will be subject to administration including orders to cease diverting water. This well is known as the Gross well. BWCD contract number 3.3.5.223. 4) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the inigation of up to 1 acre of lawn and garden, and the watering of domestic animals. 5) The pumping rate of this well shall not exceed 30 GPM. 6) The annual withdrawal of ground water from this well shall not exceed 3 acre-foot. 7) The return How from the use of this well must be through an individual wasle water disposal system of the non..evaporative type where the water is returned to the same stream system In which the well is located. 8) The owner shall mark the well in a conspicuous place with well pennit numbar(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer by November 15th of each year. 10) This well shall be constructed not more than 200 feet from the location specified on this permit and decreed in case no. 98CW26, and at least 600 feet from any existing well completed in the same aquffer that Is not owned by the applicant. NOTE: Expired permit no. 45422-F was previously issued for this lot~ <.-/ :o-> ~ ,_.- APPROVED JSG Recei t No. 0539368 State Engineer DATE ISSUED 06-23-2005 06-23-2006 State of Colorado Water Resources-View Well Details: Receipt 0539368 Well Constructed Receipt: Permit#: Well Name/#: Designated Basin: Case Number: WOlD: 0539368 62797-F • 98CW0026 I [ ] Applicant/Owners History Division: Water District: County: Management District: Date Range Ul'lknown -llresent Applicant/Owner Name WELLES PETUt S & SONDRA T I [-] Location Information Approved Well Ulcatlon: 5 38 GARAELD Address 3013 CAVES RD Help last Refresh: 2/21/201212:00:21 AM City/State/Zip OWINGS MILlS, MD 21117- Q40 Q160 Section Township Range PM Footage from Section lines SE NE 25 7.05 BB.OW Sixth 1553 N 1032 E Northing (UTM y): 4365697.5 Easting (UTM x): 313615.9 Location Accuracy: Spotted from section lines Ptlysical Address Subdivision Name City/State/Zip Filing Block Lot ParcellD: Acres In Tract: [ [-] ·Permit Details Date Issued: 06/D/2005 Date Expires: 06/23/2006 Use(s): DOMESTIC Special Use: Aquifer All UNNAMED AQUIFERS (s}• Area which may be Irrigated: 1 ACRES Maximum annual volume of appropriation: Statute: Permit Requirements: Totalizing Flow Meter Yes Geophysical log No Cross Reference Permit Number Receipt Description Permlt{s): 45<~7:'-F -rntH,nh Abandonment Report No Comments: Applicant submitted an Existing Well Information and Inspection form for this well. Unknown if this well was constructed in compliance with the Water Well Construction Rules.Form was accepted as evidence of well construction and pump installation because I [-] Construction/Usage Details Well Construction Date: 01/01/1981 Well Plugged: Pump Installation Date: 07/12/1995 1st Beneficial Use: Elevation Depth Perforated casing (Top) Perforated casing (Bottom) Static Water Level Pump Rate 407 11 j [ ] Application/Permit History ONnershil Change Pump Installation Report Received Well Construction Report Received Permit Issued Application Received Pump Installed Well Constructed ) [-] Imaged Documents Document Name 06/10/2011 07/18/2005 07/18/2005 06/23/2005 06/03/2005 07/12/1995 01/01/1981 Date Imaged Annotated 06/22/2011 No 11/28/2007 No 11/28/2007 No 11/28/2007 No 11/28/2007 No 11/27}2007 No 11/27/2007 No http://www.dwr.state.co.us/WeJIPermitSearch!View.aspx?receipt=OS39368 Page 1 of2 2/21/2012 600393 03/2212011 12:06:08 PM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $85.00 eRecorded ?ERSONAL REPRESENTATIVE'S DEF.O (S;~h:) TI·IIS Oi!fiD is Jliade by Judi1h f.:.i1chcn M~t:is, as P.er&Oll:il Rcpr .. senta\ive vr- ll~ ES!a\e of Louis P. Manis, deceased, GnmWr, tu Ptlr.t 8 Wdl<'.>: an.! ,;;..,u:1a T. Welles, Grllntcc, whose ·c:~al iiddr.,ss is JOIJ Ciwe-£ Road, Owing$ Mills, MD :!t\17. WH:!REl\S, 1he de"edent died en rhc date of July 14, 2Cil0 11nd Gmntor Wl!S •hdy llflllllillfcrl Pcr~flllill Represe:ntat:ve of said Csute by the Court in ~nd r~lf t~e County uf Garlitld. Sti!.te of Colorado, Probate No. I OPR75, on the da:c Df October II:, ~Oib, and is IN IV Qualifi.!d and ~ctin~;"'in sa.d ca;J30:it)'. NOW THEREfORE, pursmm1 ro 1h1: llowcrs conferred \.li)On Grunlor by \In: Colorado f're>bPte CoOt. Grnnlor does h~teby se II a:\J .:-on\'ey unto Grar~tce l~s (en:um in co::11nmon), lilr n11d in cor.sider~tion of Eight ll.mdr«! filly T\Oti581ld Dollars the following de;~ribed 11:111 pi\~l)el1Y situlltc io the Cour.ty of Garfield, State ofColor~do: Sllc E11.hibit A atMhed her..:to ;:~I so ktlllw·n by sltccl and numbef as: 5.14) Cotmly Ruad I 00, Ca~bondalc, Color>~do S 16B With allappuncnance&. As u~d lu:rcin, til<: 1lingular indt1tlc:s tl~e )llur4] and tile plural th~ sinJ::ulu. ""'""'' 1h;/r1 ST A'lli OP COlORADO ) cou,TYOF G~rfr /( ~~' ~ furcgoiny i~E~n"'lcnt was. ~cknowledgcd betOre me this !-JA.f.day nf r.brch, Rcprtscnbltiv., of Ulc Est :ate of J.ouis P. Mattis, De:eu~i!IL Wuness my hand ;u)l.) o!Tt;:ial st·.~l. Mi•c-ommiuioncl\pi~s: ________ _ 2011, by Judi~h Kit::hcn Mattis as P~r5oo~l 600393 0312212011 12:05:06 PM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $85.00 eRecorded l-'ile Number: 9.\191\ E>blbit A LEGAL DESCRIPTION A parcel of lard \vhich is part of the SE1/4NEI/4 ofSection25, Township 7 South, Range SS West of the Sixth Principal Meridian, said parcel of land is Jnore fully described as follows: Beginning at a brass cap ill place and properly 1narked for the East one quarter comer of said S..:r.:tion 25; thence N 01 °47'00" 'E along tl1e £ast line of said SEI/4NE.l/4 (with all bearings contained herein relative\() a bearing ofS Ol 0 47'00" Won the East line of the NEl/4 or said Section 25) 1350.58 feel; thence N 88~51 '50" W along the Notth line of said SE1/4NE1/4, 007 .IS feet to the true point ofl.Jegituling; thence S 19.16'40" E 143.00 feet; thence S 05"07'43" R 272.70 feet; thence S .31 °05'45'' E 117.77 fec:t; throce S 19°16'40'' E 143.93 feet; thence S 79~10'30" W 924.12 feetlG a point on the West line of said SE1/4NE114; thence N 02°03'1&" E along the West line of said SE1/4NE1/4 &30.&6 teet; thenc.e S 88"51'59" E along the North line of said SEl/4NE114 697.16 ft:el to tlte true point of beginning County of Garfield, State of Colorado Together with non-exclusive easements for ingress and egress as set forth in docwnents recorded in Bol'k 482 at Page 393 as Reception No. 271130 and in Book 492 at Page 927 as Reception No. 276571 Or~or NPmlx:r: 941'11 I Suo~cyAfli,\oi•il-S;:IM· r)~elnfl ASSIGNMENT OF ALLOTMENT CONTRACT NO. 223 BASALT WATER CONSERVANCY DISTRICT FOR VALUE RECEIVED. Louis P. Mattis ('Ass:gnor"), hereby sells. assigns, transfers. and sets over to Peter and Sondra Welles ('Assignee") all ol Asslgno(S right, title, and interest In and to that certain Water Allotment Contract with the Basalt Water Conservancy District dated August 9, 1993. which Contract allots 0.033 cubic feet of water per second from the District's direct !low rights and 3.20 acre feet of water per year of storuge and/or other augrnentatlon water owned or controlled by the District for use on that real property described in Exhibit A. attached hereto and incorporated hen.lrn by this roferonce This Assignment is condllionod upon the consent thereto by the Basalt Water Consorvancy District as Mrein below provided. AssigneE! hereby assumes and agrees to pay 11nd perlorm all of the obligations of the Allottee und!lr said Conlract. Th,s A~signmcnt shall bo effoc11v~ upon AswgnCJr.:~; convcyi~nco of the above describ(:W property !()Assignee. Dated this __ }.:/:J ... day of _ fl\1).( c.J~cc. _ _ _ , 20 t 1. PrHor ilnd Sondra Welles 5343 CR HYJ Cartmnda\il. CO 81 fi23 T eleptrfme: (!~70) 96:J·74HO Cell: (44:ll 690·13f>7 By: By: .... '. _,, ' File Number: 941911 Exhibit A LEGAL DESCRIPTION A parcel of lard which is part of the SE114NEI/4 of Section 25, Township 7 South, Range 88 West of the Sixth Principal Meridian, said parcel ofland is more fully described as follows: Beginning at a brass cap in place and properly marked for the East one quarter comer of said Section 25; thence N 01 °47'00" E along the East line of said SEI/4NE1/4 (with all bearings contained herein relative to a bearing ofS 01 °47'00" Won the East line of the NE1/4 of said Section 25) 1350.58 feet; thence N 88°51 '50" W along the North line of said SE1/4NE1/4, 607.15 feet to the true point of beginning; thence S 19°16'40" E 143.00 feet; thence S 05°07'43" E 272.70 feet; thence S 31 °05'45" E 117.77 feet; thence S 19°16'40" E 143.93 feet; . thence S 79°10'30" W 924.12 feet to a point on the West line of said SE1/4NE1/4; thence N 02°03'18" E along the West line of said SEI/4NE1/4 830.86 feet; thence S 88°51 '59" E along the North line of said SE1/4NE1/4 697.16 feet to the true point of beginning County of Garfield, State of Colorado Together with non-exclusive easements for ingress and egress as set forth in documents recorded in Book 482 at Page 393 as Reception No. 271130 and in Book 492 at Page 927 as Reception No. 276571 EXHIBIT B TO ASSIGNMENT OF BASALT WATER CONSERVANCY DISTRICT CONTRACT The Assignment to which this Exhibit is attached to and made a part of is approved and made subject to the following conditions: 1. Any and all conditions imposed upon the release and diversion of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constitute the District's representation that the Assignee will receive a well permit or water rights decree for the land to be benefitted hereby. By acceptance of this Contract, Assignee acknowledges that within two years of the date hereof or such later date as the District may approve, the Assignee may file with the Water Court of Water Division No. 5, if necessary, a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes hereinabove set forth 2. In lieu of recording the Water Allotment Contract or this Assignment, a Memorandum of Water Allotment Contract has been recorded with the Ga1iield County Clerk and Recorder's Office as Reception No. 693364. 3. PAYMENT: Assignee shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15} days after the date of a notice from the District that the payment is due. Said notice will advise the Assignee, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, a late fee of $50 (or other amount as the Board may set from time to time} will be assessed and final written notice of the delinquent account and late fee assessment will be sent by the District to the Assignee at Assignee's address set forth in the Assignment attached. If payment is not made within thirty (30} days after said final written notice, the District may, at its option, elect to terminate all of the Assignee's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. 4. WELL PERMIT: If Assignee intends to divert through a well, then Assignee must provide to District a copy of Assignee's valid well permit before the District is obligated to deliver any water hereunder, and it is the Assignee's continuous duty to maintain a valid well permit. Assignee shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Assignee must comply with the well-spacing requirements set forth in C.R.S. § 37-90-137, as amended, if applicable. Compliance with said statutory well-spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Assignee's failure to comply. Assignee agrees to mark the well in a conspicuous place with the permit number. 5. MEASURING DEVICE OR METER: Assignee agrees to provide, at its own expense, a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Assignee's water right and the terms of this Contract. On or before November 15 of each year, Assignee will provide accurate readings from such device or meter (recorded on a monthly basis for the period November 1 through October 30 of each year) to District, the Division Engineer and Water Commissioner. Assignee acknowledges that failure to comply with this paragraph could result in legal action to terminate Assignee's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Assignee hereby specifically allows District, through its authorized agent, to enter upon Assignee's property during ordinary business hours for the purposes of determining Assignee's actual use of water. 6. COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT. Assignee shall comply with Section 404 of the Clean Water Act and consult with the Army Corps of Engineers to complete any Section 404 compliance that may be required as a result of the construction of any facilities necessary to use contract water. 7. CONTRACT TERMINATION: A. Termination by District: 1. The District may terminate this Contract for any violation or breach of the terms of this Contract by Assignee. 2. The District may terminate this Contract if, in its discretion, ariy judicial or administrative proceedings initiated by Assignee threaten the District's authority to contract for ·delivery or use of the District's water rights, or threaten the District's permits, water rights, or other interests of the District. B. Termination by Assignee: 1. Assignee may terminate this Contract in its entirety for any reason by notifying the District in writing of the termination on or before April 1. Notice by said date will prevent the Assignee's liability for the next annual contract charge. WATER USE, OWNERSHIP AND WELL SHARING AGREEMENT THIS AGREEMENT, made and entered into this /)/frday of February, 2012, by and between PeterS. Welles and Sondra T. Welles (hereinafter "the Grantors") and PeterS. Welles and Sondra T. Welles (hereinafter referred to as "the Grantees"). WITNESSETH: WHEREAS, the Grantors own certain property located in Garfield County, Colorado, the legal description of which is set forth in Exhibit "A" attached hereto and incorporated herein by reference. Said property may hereafter be called the Ranch Lot; and WHEREAS, the Grantees own certain property adjoining the Ranch Lot in Garfield County, Colorado, as depicted on the map attached hereto as Exhibit "B", and incorporated herein by this reference. Said property may hereafter be called the Adobe Lot; and WHEREAS, there is an existing well located in the SE ~ NE ~ of Section 25, Township 7 South, Range 88 West of the 6'h P.M. 1553 feet from the north section line and 1032 feet from the east section line of said Section 25 bearing Well Permit #62797-F, referred to as the Ranch Well; and WHEREAS, the Ranch Well is permitted to serve up to two single family residential taps; and WHEREAS, an existing well is located on the Adobe Lot under Colorado Division of Water Resources Well Permit No. 155464; and WHEREAS, The Grantees are adding an Accessory Dwelling Unit ("ADU") to the Adobe Lot; and WHEREAS, the parties desire to set forth in writing the conveyance of rights to and their agreement concerning the ownership of the Ranch Well and related improvements, the use and maintenance of the Ranch Well, and the rights and obligations of the parties concerning the Ranch Well and the use of water therefrom, NOW THEREFORE. for and in consideration of the mutual promises contained herein the parties agree as follows: I. Ownership and Shared Well Production; allowed Uses. The Grantors hereby convey their rights, title and interest to the second dwelling unit allowed in the Ranch Well Permit 62797-F to the Grantees for purposes of providing an adequate supply of water for the ADU structure on the Adobe Lot. The intent of the foregoing conveyance to be that the Grantees shall own an undivided interest of the Ranch Well structure and related improvements and easements. Notwithstanding ownership of the improvements, the parties agree that the Grantees shall have the right to use the Ranch Well for purposes of meeting the water demands of the ADU on the Adobe Lot or for supplementing the water usage of the main dwelling on the Adobe Lot. 2. Operation. Maintenance. and Repair of the Ranch Well and Shared Components. The parties agree to pay the costs of maintenance, operation, and improvements of the well, electrical facilities, pump house and all other appurtenant facilities; each party shall pay all expenses and costs in accordance with their respective ownership interest as determined by metered use. In order to determine the appropriate share of expenses, separate meters shall be installed to determine the actual usage percentage. Ranch Well users shall provide payment within fifteen (15) days of presentment of a written statement of such charges. In the event any party fails to timely pay such costs, the defaulting party shall owe the amount of the obligation together with interest on said amount at the rate of eighteen percent ( 18%) per annum. Any user of the Ranch Well shall have the right to undertake, without the consent of the others, all repairs and improvements reasonably required to alleviate an emergency whereby water supplies are threatened or curtailed by emergency reasons or factors. Non-emergency repairs, replacements, improvements and activities shall be made by mutual agreement. In the event the users cannot mutually decide upon what improvement, operation, maintenance or replacement activities are necessary and proper, any user may provide notice in writing of a list of repairs, improvements or replacements, together with a budget therefore. Unless objections are made in writing within fourteen (14) days of receipt of said Notice, consent to such action shall be deemed conclusively given. In the event objection is timely made, the parties agree to mutually select one qualified professional engineer or well driller to make recommendations and a budget and to be bound by such recommendations and budget. 3. Improvements to Ranch Well. In the event any users experience water pressure or quantity problems, that party may give notice to the other user of their intent and desire to increase well pump capacities and/or to obtain easements for and construct underground water storage. The storage, pump and related improvements shall be designed to provide equal benefits to each lot in terms of water pressure and quantity. All costs and expenses associated with the engineering, design and construction of such water storage and related improvements shall be borne by all tap owners in accordance with their respective ownership interest determined by metered use. 4. Ranch Well and Related Easements. The Grantors hereby agree to convey and grant to the Grantees, for the benefit of the Adobe Lot, a non-exclusive easement consisting of a ten foot radius around the existing Ranch Well, including the area within the radius, for purposes of access, inspection, operation, maintenance, repair, replacement, utilization and improvement of the Well. The Grantors also hereby convey and grant to the Grantees, for the benefit of the Adobe Lot: (I) an easement consisting of a ten foot radius, including the area within the radius, around over and under any underground tank(s) constructed for common storage of water from the Well for purposes of storage and utilization of water and construction, installation, access, inspection, operation, maintenance, repair, replacement, relocation and improvement of the underground storage tank(s) if a storage tank is required; and (2) an easement measuring seven and one-half feet (7 112 ~ in width on each side of a centerline of a buried water delivery pipeline for water service to the Adobe Lot, which easement commences at the Well and terminates at the Adobe Lot's property line. Said buried pipeline easement shall be for the purposes of construction, installation, access, inspection, operation, maintenance, repair, replacement, relocation and improvement of the water delivery line from the Well and/or storage tank to the Adobe Lot. Upon final construction and installation, if either party desires, the parties shall prepare recordable as-built drawings or surveys fixing the locations of such structures and easements. In such case, the cost of any as-built drawings or surveys related to the water delivery line shall be borne by the Grantees. · 5. New Well Easements and Terms and Conditions. If any new or replacement well is drilled and constructed pursuant to this Agreement outside of the Well, storage tank and water line easements described in Paragraph 4 above, the Ranch Well Users agree to grant similar easements, as well as, similar ingress and egress access rights, for the new well site, storage tank and delivery lines and the Grantees agree to release and vacate the old easements described. 6. Operation, Maintenance and Repair of Individual Delivery Works. Except as provided in paragraph 2, above, each user shall be solely responsible for all operation, maintenance, and capital costs associated with the delivery of water from the Ranch Well to the house(s) located on their respective parcels. 7. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed given and received when (a) personally delivered, or (b) 48 hours after the same is deposited in the United States mail, addressed to the other parties at their address appearing on the signature page hereof or at such other address as shall be designated by such other users by written notice to all the others. 8. Runs With the Land: The rights and obligations of each user set forth herein shall be appurtenant to their respective parcels and shall not be transferred separate and apart from said parcel. 9. Binding. This Agreement and all its terms and conditions shall inure to the benefit of and be binding upon the hem, successors, and assigns of each well user. 10. Authorization. By executing this Agreement the parties acknowled~e and represent to one another that all procedures necessary to validly contract and execute th1s Agreement have been performed and that the persons signing for each party have been duly authorized to do so. 11. Entire Agreement. This Agreement contains the entire Agreement of the parties concerning the subject matter herein and supersedes all prior agreements, if any. 12. Attorney Fees, In the event that any party is reasonably required to utilize the services of any attorney to initiate litigation and enforce any provision hereof, then the party prevailing in such litigation, whether the Party initiating litigation or otherwise, shall be entitled to his or her reasonable attorney fees, court costs and costs of such litigation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. ~oJCYnL{J ~d~~/ SO RAT. WELLES STATE OF CO'£.~ ) COUNTYOF ) Subscribed, sworn to, and acknowledged before me by PETERS. WELLES AND SONDRA T. WELLES this d::1_ day of FEBRUARY, 2012. Witness my hand and official seal. My commission expires: /i/dfl)CM/iJ-. (SEAL) ~ ~taryPublic) . --.. ~---\ -" ---..:-...::-.- ...... -'... --· ~ · ... · .. ( '::. '" .. \ . ' I . ;,. )0.", ,.I.- File Number: 941911 Exhibit A LEGAL DESCRIPTION A parcel oflard which is part of the SE1/4NE114 of Section 25, Township 7 South, Range 88 West of the Sixth Principal Meridian, said parcel of land is more fully described as follows: Beginning at a brass cap in place and properly marked for the East one quarter comer of said Section 25; thence N 01 °47'00" E along the East line of said SE1/4NE1/4 (with all bearings contained herein relative to a bearing ofS 01 °47'00" Won the East line of the NEl/4 of said Section 25) 1350.58 feet; thence N 88°51 '50'' W along the North line of said SE1/4NE1/4, 607.15 feet to the true point of beginning; thence S 19°16'40" E 143.00 feet; thence S 05°07'43" E 272.70 feet; thence S 31 °05'45" E 117.77 feet; thence S 19°16'40" E 143.93 feet; thence S 79°10'30" W 924.12 feet to a point on the West line of said SE114NE1/4; thence N 02°03'18" E along the West line of said SE114NE114 830.86 feet; thence S 88°51 '59" E along the North line of said SE114NE114 697.16 feet to the true point of beginning County of Garfield, State of Colorado .'ogether with non-exclusive easements for ingress and egress as set forth in documents recorded in Book 482 at Page 393 as Reception No. 271130 and in Book 492 at Page 927 as Reception No. 276571 ... ... •• ~. "II' A parcel of land which is part of the S~~ of Section 25. Township 7 South. Range 88 West of the Sixth Principal Meridian. said parcel of land is more fully described as follows: Beginning at a brass cap in place and properly marked for the East One Quarter corner of said Section 25; thence N. 89°05'36" W. along the South line of said S~NEJ.; (with all bearinqs contained herein relative to a bearinq of S. 01"47'00" W. on the East line of the NIDc of said Section 251 322.81 feet to the true point of beginning; thence N. 89°05'36" w. along the South line of said S~NO. 988.0 feet to the SW Corner of said S~~~ thence N. 02°03'18" E. along the West line of said SEJ.tlEl( 525. 00 feet; . thence N. 79"10'30" E. 924.12 feet; thence S. 04°54'50" E. 716.49 feet to the true point of beqinninq. COUNTY OF GARFIELD STATE OF COLORADO .... \ -~ •· r ._-,_ : ... . , .. ·.· ,-.:- ''"; . '; .. :.