HomeMy WebLinkAbout5.0 CorrespondenceTO:
FROM:
RE:
DATE:
MEMORANDUM
BOARD OF COTINTY COMMSSIONERS
JeffLaurien, Senior Planner, Building and Planning Department
Pinkham Special Use Permit for a kennel.
July 12,2000.
Dear Commissioners,
Since this is a continued hearing, please find enclosed, a copy of the exhibits that were
submitted by the applicant at the previous hearing, and a revised staff report which takes into
consideration these exhibits. No further information had been submitted by the applicant at the
time that this staff report was completed and circulated to you.
If you have any questions, please do not hesitate to contact me at extension 1615 of the Garfield
County Court House.
Sincerely,/r/z-
JeffLaurien,
Senior Planner
zk. z
NOISE SOURCE
NOISE LEVEL COMPARISONS
DECIBELS EFFECT
SNOW BLOWER AT 10
SNOW PLOW AT 1OO FT.
SNOW BLOWER RUNNING AT 50 FT.
CAR PASSING OR BIRD SINGING AT 25FT.
DOGS BARKING OR SNOW BLOWER
RUNNING AT 1OO FT.
CONVERSATION IN OFFICE OR RESTAURANT
AIR CONDITIONER CONDENSER AT 1OO FT.
QUIET SUBURB, CONVERSATION AT HOME
SLED DOGS AT PINKHAM'S DRIVE ENTRANCE
OUTDOOR CONVERSATION HEARD AT 30 FT.
MID-SIZE SUV ENGINE IDLING AT 1OO FT.
LIBRARY
SLED DOGS AT PROPERTY LINE & AT
POINT 30 YARDS BEYOND NORTH
PROPERTY LINE (CLOSEST TO DOGS)
WHISPER, RUSTLING LEAVES
BREATHING
OUIET
QUIET
VERY QUIET
DID NOT REGISTER, NOISE
OF WIND AND LEAVES
MASKED BARKING DOGS
VERY OUIET
THRESHOLD OF HEARING
60-65
60-65
60
55-60
50
4045
4045
40-45
40
BELOW
40
20
10
MODIFIED FROM http:/lwww.chem.purdue.edu/safety/PPETrain/dblevels.htm AND
http://www.neMsta.neU-npOlOblevels.html. SOURCES: TEMPLE UNMERSITY DEPARTMENT OF
CTVIUENVTRONMENTAL ENGINEERING (www.temple.edu/darpartments/CETP/environl0.html) AND
SUNDESIGNS ARCHITECTS COMPILATION OF FIELD DATA.
GARf[tD CotlnTY C0ilil6$0lffi
July 17, 2000
ROL'TEE Jorn
JUL
From: Albert and Kathryn Bevan
76 Springridge Court
Glenwood Springs, Co 81601
Subject: Objection to Application for S.
Kennel on County Road 125
* ._ tr Lony
U. P. by William Pinkham torc srPo ,NUo||
To: Garfield County Commissioners
As homeowners and permanent residents living within one mile and in line-of-
sight of the location for the proposed Sled Dog Kennel, we strongly oppose the
creation of any dog kennel in close proximity to our home. We chose to build our
home in the Springridge Place area partly because of the peace and quiet that
we would be able to enjoy. Our objection is based on our knowledge of the
incessant, intolerable noise sled dog kennels create, as well as the inconsistency
of a business being located so close to the Springridge Place residential
subdivision.
A few years ago we were hiking on a trail that passed in the vicinity of the
Krabloonik Sled Dog Kennel near Snowmass and experienced first-hand the
incessant barking coming from the kennel. The loud and continuous barking
carried a very long distance.
The valley where the proposed kennel is to be located echoes and carries sound
over long distances. lt is not uncommon for us to hear people talking several lots
away, and the lots in our vicinity are four and five acres each. A dog kennel
would totally destroy the peaceful nature of the valley and greatly reduce
property values.
We strongly urge the County Commissioners to deny this Sled Dog Kennel
application.
Cut;n l &q?-1/
Albert W. Bevan, Jr.
lffi,rr-,Q/<-,v+
Kathryn A. Bevan
/?nl-.vt*->' -.txl; Li ,L \h t
HECETVED
'J[ 12 ml.
COLORADO DIVISION OF WATER RESOURCES
DEPARTMENT OF NATIIRAL RESOURCES
1313 SHERMAN ST., RM. 818, DENVER CO 80203
Gffi illlr'tt;hT33587
main: (303)866-35 8 1
Hl"::J"H:ilI:',,y,H#ffi n(pleaso note: other forms are availablo lor spacific usos including - residential, livestock, monitoring/obsorv., gravel Pits, regisiratioa ofi'ld wells)
. r ! - L!- -r !_r- -, 4in black inkRaview insiructions orior to form Must be or
1 . APPLICANT TNFOBMATION 6. USE OF WELL (please attach detailed description)
Nrmc ot .Dplic.nt
///'i/tirz ZUoZ
E wousrntel E ornen
Elcouuenctau
E uutttclplt-
E tnnlcRloru
El fgeO LOT - numbcrof hcad
Meiling'Addrar
/ga-s c,,1 /rc 7. WELL DATA
City St'tc ZiP Codq
///nuad Vg la qka/
Muimm pmfng nto
/'< s,m
AmEl mount --.1?
Z,'/ acre-feer
Total dcpth
?Er t Z///// reet
Aqrit t
72/, 2,fue,u rte/T.r.phoc Mbq (imltd. ra ood.l-7fu ryr @21 8. ISND ON WHICH GROUND WATER WILL BE USED
2. TYPE OF APPLICATION (check ppplicable box(esl)A. LEGAL DESCBIPTION lmay bo providcd !s !n rttachmcntl:
-fg.n,c 'lr '/6Yd
(lf uscd for crop inigation, attach acalcd mrP thrt ahows irrigatcd crcc.l
El Construct new well VrUse existing well
EI Replace existing well [i[ Change or lncrease Use
Et Change (source) Aquifer E Reapptication (cxpir'd Pcrmit)
E Other:
3. BEFER TO (if aPPlicable):B. # acrcr
42,32d " Hr//'onWatcr court crso ,I Pcrmit S
D. Lirt rny othor wolh ot wrtG, tight. utcd on lHl land:)///e7-"tcincv Vcrbal I
.VE-
Monitoring hol! !cknowlcdgmcnt ,
MH. .
Wcll namc or #9. PROPOSED WELL DRILLER (optional)
N'm
//
Uc@c nmbs
4. LOCATION OF WELL
Counw , I
%Zfi e/d Ou!rter/qu!rtor.5€ v.
O,u!rtcr/6 v,
1O. SIGNATURE of applica rt(s) or authorized agent
The making of false statements herein constitutes perjury
in the second degree, which is punishable as a class 1 mis-
demeanor pursuant to C.R.S. 244"104'13)(a). I have read
S€otion
/.5
Towmhip N or S
?s trd Rangc E or W
9Q ad Prircipal Metidian
6ny'.rn.
Distrncc of wcll from scction lincs
/4do n'* d*"i s 2o n"" d/'E *the statements herein, know the contents thereof, and state
that they are true to mY knowledge,
ffi" "dd-.t, il dtt*t trm applisnt lddr'x li' apPliqlbl'l
Slnr' frt ,,a/tv t Tirl.
4utnlZ
D.t. .,, J7/r/*Fo, r.ptffit tdh 9y - d.trm. .nd drEdon ,rm old w'll to me w''l
,//n feet direction OPTIONAL INFORMATION
ffi wELL wtLL BE LqcATED USGS m.p mmc DWR mrp no.Swtsc da,
a. lgeel DESCRTPTION lmay bc Providrd as !n lttrchmcntl, ,
s4/ sr//,/ z tr;;i offico Use onl,
Drv g
co 23
wD 3g
BA-
USE(S) MD
; ;T;=Jjff"
C.rprhrrret
40,3 zts
o. o','- ,// ,, t
htt//tart /ta(furn
E.7W.lllilfs be the only wetl on this tract?
El VgS E] NO (if other welle are on this tract, eee detailad insl!.)-
Form GWS-45 (12195)
a
7/7r1,
-7 ryz//,orn 4z&ln '.4/4 t//"i //./ ',4""2
o /-,*, n2 ,ar,7l/zzy az/r'i €t'"/n/, i'l': 9'n,
e)r'"p) "/-, a4r2n z&/;/ p-vz.) -</
,kas fr*rr/ &*z Ztt ///nuaa/ '/Z'71 f,a, 9//a)
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o
'GWS-25
o
APPLICANT
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg-, 't313 Sherman St', Denver' Colorado 80203
t3031 866-3581
RECEIVED
.It 12 '(l0 Exsr
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 114 NE 114 Section 1 5
Twp 7 S Rng 89 W 6th P.M.
DISTANCES FROM SECTION LINES
1450 Ft. from NORTH Section Line
2OO Ft. from EAST Section Line
*ELL pERMrr NUMBER 2 I 6 I 6 1 *...'^og.g1q1pg,
Drv.s CNTY. r."ffi'ffi1
Lot:Filing:
/12t//,an /,*A^ AJ ttr ,/lar, /' /tfl
ne.uB41rt-,tvtrfH
1565 CTY RD 125
GLENWOOD SPRINGS, CO 81601
(970)945-9723
PERMIT TO USE AN EXISTING WELL
1)
2l
3)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITTONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of
the permit does not assure the appricant that no injury wilr occur to another vested water right or preclude
"noin",
owner of a vested water right from seeking relief in a civil court action'
The construction of this weil shail be in compriance with the water well construction Rules 2 cc1 402'2,
unress approvar of a variance has been granted by the State Board of Examiners of water weil construction
unJ prrp lnstallation Contractors in accordance with Rule 18'
Approved pursuant to cRS 37-92-6023)(b)(ll)(A) and for the change in legal description and location correction
of well permitno. 1S6g3O(cancelled).Approvedastheontywell onatractof landof 4O'32Sacresdescribed
as that portion of the SE %, NE %, Sec. 15, Twp' 7 S, Rng' 89 W' 6th P'M" Garfield County' Beference
attached exhibitA. Physical address of well is 1565 CTY RD 125' Glenwood Springs' CO'
The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to
3 single family dweltings, the irrigation of not more than one (1) acre of home gardens and lawns and the
watering of domestic animals'
The maximum pumping rate shall not exceed 15 GPM'
The return 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 returned to the same stream system in which the well is located'
7l This well shall be constructed not more than 200 feet from the location specified on this permit.
4l
s)
6)
tle ltt
APPROVED
SAP
Beceipt No.ffin,n
WEST DIVIDE WATER CONSERVANCY DISTRICT
lOgWESTFOURTH STREET P. O. BOX 1478
RIFLE, COLORADO 81650-1478
TELEPHONE AND FAX: (970) 625-5461
E-MAIL: wdwcd@rifle.net
RECEIVED
.M- 12 00
*3rTi.EfiWffE.
oleruvuocE-',
July 6, 2000
William Pinkham
1565 CountY Road 125
Glenwood Springs, CO 81601
Dear Mr. Pinkham:
Enclosed is your approved contract # FM000621WP(a). Please read the contract carefully if you
have not already dore so, but please especially note paragraph 2 concerning availability of water.
West Divide obtains is storage water from a nurnber of sotrces including Ruedi Reservoir and Green
Mountain Reservoir which.ri B**u of Reclamation projects. Federal policy relating to endangered
,f..i"r, among other environmental concern, provides that supplies from these reservoirs may be
interruptible. Moreover, the forces of nature are always such that no source of water can be
g,aranteed from year to year. West Divide continues to make good-faith efforts to obtain alternative
iong-t"r- supplies in an itrort to make reliable and predictable the water supply anticipated by your
contract with us.
This water allotment contract may require you to obtain a well permit from the State Engineer's
office. Once your well is drilled you are required to install a measuring device and submit a meter
reading to West Divide. you will be provided with a special form for this purpose upon notification
that your well has been drilled.
Non-compliance with measuring and reporting requirements are grounds for cancellation of your
water allotment contract with West Divide. This could result in action by the State Engineer which
could prevent yoru further use ofyour well'
Sincerely Yours,
9**/Xqddo"F-
/l^"tMaddock
Administrative Assistant
Enclosure
:cc The State Division of water Resources denclosure
Division No. 5 Water Resources denclosure
Kerry D. Sundeen, Hydrologist denclosure
Directors: Kelly couey Samuel B. Potter Wifliam M. Zilm Laverne Starbuck Robert J. Zanelta
HECEIVED
.[x_ 12 1)0
contractNo. FMo 0 0 6 21WP ( a )
Mao ID No. I8
DateActivated 06/21 /O0
Revised Arc100
A.APPLICANIT
Name
*#^iLHL?p."5s
;
APPLICATION A}ID DATA FORM fO'gEgESE WATER FROM
WEST DTVIDE WATER CONSERVA].{CY DISTRICT
7ah
C.
Authorized or Representative
Type of Stnrctnre or Ylght
- -i" zl/
decree or permit).
Mailine Address -rerepiorc{J12 ,
B.wArER RIGIIT owNED BY APPLICANIT oRlP5_og':P,?".to1
C.
Name of
Location of Point of Diversio.
T'ct rrg \
Water Court Case No.
ttA ".*uge
of above-referenced parcel
Address of above-referenced propefy.
Description of Use
Well Perrrit No.Z/ 1,/6 / (Attach copy ofpermit)
INTE].IDED USE OF LEASED WATER
i;;1i:;.:i[':-""ly"T"qT]**,-T"'T,F29":)y"ily"';:'8ry""Wbe used. IvIaY be
/t.t. ,4 l/(
asExlribit) .-,8 /
. f/' , r.. I a , -- -rU.- ./ a- /e
Method of Irrigation:
T1,pe ofMeter or Measuring Device.
D. ofi{ER.
Sprinkler
TotalNumber ofDwelling Vr,rt / Number of Constnrcteg Units E l. Number of Vacant Lots 2
potable water system / ---:1V5t"-Wuto rreatrnet$"tn - , a-s\=
-
projected Monthly volume of Leased water Needed in Gallons:
ii"BSr FrcURiS ARE _ ACTUAL DI,ERSI,NS oR
,iTT;y,*' ;:[:ry*;;W *
,.ry,"ruo'""iru, tu*trt tyne @ . Jp 4'^l"u@_ ;;ptfu o"t@ Nov.<rl Dec- soao AnnualTotal Gallorsqz'l
Acre Feet J , -1 ***
Maximum Instantaneous Demand gPm
CONSUMPTIVE USE ONLY
o^n-4 i':
,-2*414,
APPlicant
t** Water usage figured on I
50 commercial sled dogs €
information.
Applicant
af per household and
30 gal. /day/head per
1.7 af for up to
applicant' s
and Garden to be Inigated
Other .R z/r/
DS
Sq. Ft.
_ Drip
i .\/ED
J[ 12'00 :
wAI[ti ttESOJRg-Etstlte effien .i
FONM NO.
GW$il
oIr!3
STATE OF COLOFI,ADO }
OFFICE OF TFIE STATE ENGINEER
818 C.nl.nnlal Bldg.. f3lC Sh.rm.n SL. Dcrwcr; Colirrado OO@O .
Fo3, ah158l
1
: For Oltlcr tlrc only
'l 't. '
lr
PRIOB TO COMPLENNG FOHM, SEE INSTRUCTIONS ON BBYEBSE SIDE
CHANGE IN OWNEHSHIP/ADDHESS / LOCATION
WELL pERMrr, LMSTOCKT^NK OB EnOSION CONTROL DAI|
1 NEW OWNER
NAM E (s) . . . .u.i.]..! i .e[...-Q.r....?.i n ! lr,q u
Mallhrg Address ..1 5.65. ..1.?.5...8.0.a.d.,.........
clry. sr. zp -q_l.e_ryy.9.e9....5p.tj.!g!, C0 81601
Phone (.9.7.0.. ) ..9.27.-.4.01.5.
2.
)
Tt{ls CHANGE tS FOB ONE OF THE FOLLOWTNG:
m wELL pERMr NUM8ER..3.1.9.1.9.1.........
n LrvEsrocK *ATER TANK NUM8ER....................
t] ERosroN coNrnol DnM NUM8ER.......................
3.
4.
5.The above llsted owher(s) say(s) that he (th€y) own the structurs desqlbed hereln.
ihe exlslng record ls belng amended for the lollowlng reason(s):
[r]l an"nn" rn name ol owner.E ,n.nn. tn matltng address.fl con."uon of tocauon.
I (we) lrave tsad the stasm€nts made hereln, know the contents rher€of, and statg that th6y ars truB
to my (our) knowledge.
[Pursuanl to Sec{lon 244'104 (ls)(a) c.R.S., lhe maklng ol false statsm€nts hereln consllutes perfury ln
the second degree and ls punlshable as a class 1 mlsdemeanor.t
6.
)
Nalne/l'itle (Please typs or pdnl)
t,lilliam D. Pinkham
Slgnature
fu,ZZ,7Z
Date ,, j
lkfrl'
FOR OFFTCE USE ONLY
(Strtc)
....:.F..... ,^ ", *-o;-.....1/4, sec. . 19. .. r*p,J1. ...-. [1 *. o. [Fl .., ,",11]'....9.: X ; ,, d;:' .......g:1. ,;.'
OWNEH'S WELL DESIGNATION MD
Gl enwood Springs, C0 81601
(Addrcss)
Dtslances rrorn sectlon unes. . -1.ff-9.............. Ft. konr E *. o, I s. LIne, .3-9.9-. .. ... . ..... Fr. rrom E a. o.' tr w. une.
Subdivlslon..
UVESTOCK TANK OH EROSION CONTHOL DAM LOCATION:COUNTY
1/4, Sec.n*. o,l-lr.,n.. -n* ................. p.M.
Lot
; r:tE
)-
(.'
--i|;
.. ' i1-.:.
REVISED 7129199
Name ofAPPlicant:
NTCF!\,/ED
.u- 12 '00
%!Tfr?'-'.?ffFt
GLENWOOD
WEST DIVIDE WATER CONSERVA]'iCY DISTRICT
WATER ALLOTMENT CONTRACT/LEASE
Contract g FMO 0 0 5 2 lWP ( a )
Map ID # 18
Date Activated 6 /2L /00
Quantity ofWatq in Acre fot 3 ' a
Applicant, hereby applies to $e West Divide Water Conservancy District, a political subdivision tif the Stat" of Coloradq
organized pursuant to and existing by virtue of c.R.S. 1973, 53745-101, et seq., (hereinafter rcfened to as the'District') for an allotment
contract/lease to beneficially and perpetually use water or water righs owned, leased, or hereafter acquired by the District' By execution of
this contract/lease and the attached application, Applicant hereby agees to the following terms and conditions:
l. Water Richts: Applicant shatt own water rights at the point of diversion herein lawfully entitling Applicant to
O* wat€r, which will be supplernented and augmorted by water leased herein. If Applicant intends to divert through a well' it must be
understood by Applicant that no right to divert exists until a vatid well permit is obtained fiom the colorado Division of water Resources'
2. Ouant'rnr Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point
of diversion fiom the Distid's direct flow wata righs, and when water is unavailable for diversion pursuant to administration by the colorado
state Engineer during periods when said direct flow water right is not in priority, the Disrict shall release for the use of Applicant up to said
quantity in ao.e fe* per year ofstorage water owned or controlled by the District. It is understood that any quantity allotted from direct flow,
storage or otherwise, to the Applicant by the Disuict will b€ limited by the priority of the District's decr€€s and by the physical and legal
availability ofwater fiom District s sourc€s. Any quantity allotted will only be provided so long as water is available and the Applicant fully
complies with all ofttre tenns and conditiqrs oftris cqrtract/lease. The Distict and the Applicant recogrrize that some ofthe Disrict's decrces
may be in t5e name ofthe colorado Nver water conservation District, and the ability of the Disfiict to allot direct flow right to the Applicant
may be dependent m the cmsent of the colorado River water conservation District If at any time the Applicant detemines it requires less
water than the amount hcrein providd Applicant may so notif, the District in writing and the amount of water allotted under this
contract/lease shall be r.duced permanently in accordance with zuch notice. Rates shall be adjusted accordingly in following water yean only'
3. Beneficial Use and Location ofBeneficial Use: Any and all water allotted Applicant by the Distict shall be used
fattre following beneficial us€oruses: municipal, domestic and related uses' or commercial (except to the extent that Ruedi Reservoir water
jnaynot be available for commercial as that term is defined on Page 5 of contract No. 2-07-70-wo547 between the United states and the
U*or rrde water consenrancy Distict). Applicant's beneficial use of any and all water alloued shall be within or through facilities or upon
land ownsd, leased, operate4 or under Applicant's control'
4. Desrees and Deliveay: Exchange releases made by the District out of storage from Ruedi Reservoir and Green
. Mountain Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the
Applicant at th€ outlet works ofsaid storage frcilities a at the decreed point of diversion for said other sources, and release or delivery of water
O- orda or poins shall constitute performance of tlre Disrict's total obligation. Delivery of water by the District fiom Ruedi Reservoir
or Green Motrntain Reservoir shall be subject to the Disticts lease contracts with the United States Bureau of Reclamation' Releases from
ottrer frcilities anailable to District shall be subject to the contracts, larvs, rutes, and regulations goveming releases thercfrom' Furthermore,
the Distict hereby expressly r€serves the right to store water and to make exchange releases fiom structures that may be built or controlled
by the Distria in the future, so long as the water service to the Applicant pursuant to this agreemen! is not impaired by said action' Any
quantity ofthe Applicant's allocation nd delivered to or used by Applicant by the end of each water year (october l), shall reYert to the wat€r
supplies of the District. Such rorersion shall not entitlc Applicant to any refund of payment made for such water'
Water semice provided by the Disrict shall be limited to the amount of water available in priority at the original point of
diversion of the District's applicable water righ! and rreither the District, nor those entitled to utilize the District's decrees, may call on any
grEzfer amount at new or altemate points of diversion. The Distria shall request the colorado Division of water Resources to estimate any
conveyance losses between the original point and any altemate poin! and such estimate shall be deducted from this amount in each case'
5. Altenrate point ofDversiouCId plan ofAusnentation: Decrees for altemate points of diversion of the Districtl
watr rights or storage wat€r may be required in order for Applicant to use the water service contemplated hereunder. obtaining such decree
is the exclusive responsibility ofApplicant. The Disrid reseryes the right to review and approve any conditions which may be attached to
judicial approval of said altemate point of diversion as contemplated or necessary to serve Applicant's facilitics or lands' Applicant
^lknowledges
and agrees tlrat it shall be solely responsible for the procedures and legal engineering costs nec€ssary for any changes in water
Q* contemplated herein, and firorcr agrees to indannifi the Disuic fiom any costs or losses rclated thereto' Applicant is solcly responsible
for providing works and facilities necessary to obtain/divert the waters at said attemate point of diversion and deliver them to Applicanfs
intended beneficial rse. Inespective ofthe amount ofwater actually tansferred to the Applicant's point of diversion, the Applicant shall make
annuat payments to the Distria based upon the amount of water allotted under this conmct/l€ase
In the event the Applicant intends to apply for an alternate point ofdiversion and to develop an augmentation plan and
institute legal proceedings for the approvar of such augmentation plan to altow the Applicant to utilize the water allotted to Applicant
hereunder, the Applicant shall give the Disria written notice of such intent. ln the event the Applicant develops and adjudicates its own
augmentation plan to utilize the water allotted hereuncler, Applicant shall not be obligated to pay any amount under Paragraph l9 below. In
any event" the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the
District copies of such plan and of ail pleadings and other papers filed with the water court in the adjudication thereof.
6. Conract/tease pavmerr Non-rsfundablg one time administrative charge, in the amount determined by the Board
of Directors of the Distict from time to time, shall be submitted with the application for consideration by the District.
Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The
initial annual payment shall be made in full, within thifly (30) days after the date of noticc to the Applicant that the initial payment is due.
f",o notice will advise the Applicagt, among otha things, of the water delivery year to which tlre initial payment shall apply and the price
which is aPPlicable to that Year'
Annual payments for each year thoeafter shall be due and payable by the Applicant on or beforc each January l. Ifan
annual payment is nc made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be s€nt ccdified
mail, return receipt requeste4 to the Applicant at such address as may be desigrrated by the Applicant in writing or set forth in this
Ch-."* or application. water use for any pan of a water year shall requirc paym€nt for the entire water year. Nothing herein shall be
constnred so as to prevent the Disrict fiom adjusting the annual rate in its sole discretion for future years only'
If paymart is nc made wirhin fift€en (15) days after the date of said written notice, Applicant shall at Districtl sole option
have no fi,ther righg title cr interest under this contracr/lease without firther notice, and delivery may be immediately curtailed' The allotrnent
of water, as hercin made, may be transfened, rease4 or otherwise disposed of at the discraion of the Board of Directors of the Distria'
Upon cancellation of this water allounent contract/lease with the District, the Distict shall notiS the Division of Water
Resources offices in Denver and Glenwood springs. The Division ofwater Resources may then order cessation of all water use.
Additiooal Fees and Csts: Applicant agees to defray any e)(penses incuned by the Disnia in connection with
the allonent ofwat' rights h€remder, irrcluding brn nd limited tq reimbursernort of legal and engineering costs incurred in connection with
any water rights and adjudication nec€ssary to allow Applicant's use of such allotted water rights.
g. Assignment This conract/lease shall inure to the banefit of the heirs, successoE or assigts ofthe parties hereto.
Any assignment ofthe Applicant's rights underfiis cmtract/lease shall be subject to, and must comply with, such rcquircments as the District
may hercafter adcpt regarding assignmant ofccntract/lease righs and ttre assumption of contract/lease obligations by assigrrces and successors.
rhttring herein shall prwant successors to a portion of Applicant's property fiom appllng to the Disda for individual and separate allotnent
?ntracts/leases. No assignmort shall be recognized by the Disuict except upon completion and filing of proper forms for change of
ownership.
Upo.r ttre sate of the real property to which this contract/lease pertains, Applicant has a duty to make buyer.aware ofthis
contract/lease and proper forms for change ofownenhip must be completed'
g. gtlraRules: ApplicantshallbebotmdbytheprovisionsoftheWaterConservancyActofColorado;bytherules
and regulatiors ofthe Bqrd ofDir€ctors ofthe District; and alt amendments thereof and supplements thereto and by all other applicable law-
10. Operdion and Maintenance Agreem€flt Applicant shall enter into an "Operatiorr and Maintenance Agreernent"
with the Disrid under terms and conditiors deermined by the board of Directors of the Disrict, if and when, the Board of said Distict
deternrines in its sole discrstion that such an agreement is required. Said agreemant may contain, but shall not be limited to, provisions for
additional arurual monetary consideration for extension of District detivery services and for additional administration, operation, and
maintenance cos6; or for other costs to the Disrict which may arise through services r4ade available to the Applicant.
I l. +e'lgg.& TheDistictreseryes the er<cltsive right to review, reapprove or disapprove any proposed change
in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted
]**a", without the prior wrinen approval ofthe Distria shall be deemed to be a material breach ofthis contract/lease.
lZ. Use and place of Use: Applicant agrees to use the wat€r in the manner and on the property described in the
documents submitted to the District at the time this contract/lease is execute4 0r in any op€ration and maintenancc agreernent provided by
Aoolicant Any use c*trer than as str fcrth trerecn or any leasc or sale of the water or water rights herein, other than as permitted in paragraph
Jvq shall be deemed to be a material breach ofthis agroemenl
13. ,fitle It is r.rrderstood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or
legalfeetitleinterestinortoanywaterorwaterrightsreferredtoherein.
14. Cssen/atim: Applicant shall rse commonly aocepted conservation practices with respect to the water and water
rights h€re,& and hereby agrees to b€ bormd by any conservation plan adopted hereafter by the Disdcr for use of Disda owned or controlled
\vater or water rights.
15. Resrictisrs; Applicant shall resria actual div€rsions to not exceed the Contract/I-ease amount, which provides
water (on the formula of one acre fmt per dwelling) for ondinary household purposes inside one single family dwelling, the watering of
domestic livestock, firc protection, and the irrigation of uP to 6,000 square feet of lawn and gardan'
Applicant shall also mmply with all restrictions and limitations set forth in the well permit obtained aom the colorado
Division of Water Resources
watering of livestock shall be resticted to Applicant's domestic animals not to be used for commercial purposes unless
lplicant obtains approval fiom the colorado Division ofwater Resources for commercial usey'livestock watering at a horse boanding facility,
Vro* that in no event shatl actual diversions exceed the amount ofwater provided by this Conuact/I-ease'
Violation of this paragraph 15 shall be deemed to be a material breach ofthis Contract/Lease.
16. Well permit If Applicant intends to divert through a wetl, then Applicant must provide to District a copy of
Applicant,s valid well permit before Distict is obligated to deliver any wat€r hereunder'
17. Measurine Device or Md€r Applicant agrees to provide, at its own exPense' a totalizing flow meter with rernote
reado't to continuously and accurately m€asure at all times all water diverted pursuant to the terms of Applicant's water right and the terms
ofthis mntract/lease. Applicant agrees to provide accurate readings from such device or meter to District uPon Disticts requesl Applicant
adarovledges that failure to comply with this paragraph could result in legal action to terminarc Applicant's diversion ofwater by the State
ofColorado Dvision ofWaier Rcogrces. By signing this cortract, Applicant hereby specifically allows District, through its authorized agent,
to enter upon applicant's property during ordinary business hours for the purposes ofdetermining applicant's actual use ofwater'
lg. Renresentations: By executing this contract/lease, Applicant agrees that it is not rellng on any legal or
engineering advice that Applicant may believe has been received fiom the Distria. Applicant further acknowledges that it has obtaind all
_ necessary leeal and engineering advice fiom Appricant's own sourc€s other than the District. Applicant further acknowledges that the Disda
eL** * fr,,n,"o, wananties, or assurances whatsoever about the quantity or quality ofwater available pursuant to this contract/lease'
Should the Distrid be unable to provide the water contracted for herein, no damages may be assessed against the District' nor may Applicant
obtain a refund tom the Disrict
O 19. Ccs ofWater Cotrt Filing and Aucrnenadqr Plan: Should the Distict, in its own discr€tion, choose to include
Applicant's cffitracir€ase herein in a water court filing for altemate point of diversion or plan of augmentation, then Applicant hereby agees
to pay to the District, when assessed, an additional fee represanting the District's achral and reasonable costs and fees for Applicant's share
oftre proceedings. Applicant shall be assessed a prcrata share of the total cost incurred by the District in preparing filing and pursuing to
decree the water court case. The prorata share shalt be calculated by dividing such total cost by the number of contractees'/lessees included
in ttre filing To ore ortrnt tlrat ttre Disuict is caused additional costs because of objection filed specifically due to ttre inclusion of Applicant's
contract/l€ase in the filing such additional costs may be charged specifically to Applicant and not shared on a PGrata basis by all
contractees/lessees.
ZO. Binding Aere€m€nt This agreement shall not be complete nor binding upon the Distict unless attached herao
is the form entitled ,,Application and Data Fsrn to Lease water From west Divide water conserv'ancy District" ftlly cornplaed by Applicant
and approved by the Districts engineer. Said attachments shall by this reference thereto be incorporated into the terms ofthis agreemenl
All curespo.rdarce frqn ttre Disrict to Applicant referring to a relating to this agreement is by this rcference incorporated into this agreement
as furthcr terms and conditions of this agreement'
2t. Waming: ff ISTHESOLERESPONStsILIIYOFTIIEAPPUCA]'ITTOOBI'IAINAVALID V/ELL PERMIT
OR OTHER WATER RIGHT IN ORDER TO DTVERT WATE& INCLUDING TTTE WATER ACQUIRED UNDER THIS
Cffi ll,H,llffi ,",iT,Xlffi ,L-.I"rffi Hfl fi l::HH"]H"r.*,"'x,:
STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A
REGULAR BASIS WTIHOUT WASTE.
22, AREA B. CONTRACTS/LEASES: IF APPLICA].ITS WELL OROTHER WATERRIGHTTHATIS TIIE
SUBJECT OF THIS CONTRACT/LEASE IS LOCATED OUTSIDE'AREA AU AS DESIGNATED BY TI{E DISTRICT' THEN THIS
PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT I']NDER THIS CONTRACT MAY ONLY
PROTECT APPLICAI'ITS WATER RIGHT FROM A CALL ON TTIE COLORADO RTVER AND MAY NOT PROTECT APPLICANT
FROM A CALL FROM A}iY OTHER SEMOR RIGHT. NO REPRESENIATION OTHERMSE IS MADE BY THE DISTRICT' tr THIS
IS A CONCERN TO APPLICANT, TTIIS CONTRACT/LEASE MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO
THE DISTRICT BY THE APPUCANT WTIHIN THE NE)(T 30 DAYS FOLTOWING THE AFFDilNG OF SIGNATURES ON THIS
CONTRACT/LEASE IN WHICH EVENT ALL SUMS PAID BY APPLICA}IT FOR THIS CONTRACT/LEASE SHALL BE
IMMEDI,ATELY REFUNDED TO APPLICA}IT
Applicant Applicant
/'-
STATEOFCOLORADO )
COUNTYo
) ss'
OF GARFIELD )
/"/*a t{€r
JL 12's
instnrment was acknowtedged before me on this b *r", -=l.WfffiffiE ' zo$uv
Witness my hand and ofEcial seal.
My commission exPires:
ORDER
After a hearing by the Board ofDirectors ofthe West Divide Water Conservancy District on the application, it is hereby
ORDERED that said application be gnnted and this contract/lease shall be and is accepted by the Disrict
WEST DTVIDE WATER CONSERVANCY DISTzuCT
ATIEST:
L- z( - 2ooo
This contract/lease includes and is subject to the terms and conditions ofthe following documents which must accompany
this contract/lease:
Map showing location ofpoint of diversion (use map provided)
Application and Data Form fully mmpleted and sigrred
l.
3.
HEPWORTH - PAWLAK GEOTECHNICAL, INC.r ErYYvn
; ";;;i.,fr.,"s:[xgiii{i
' "-mair:
hpJe?6'$"3;13i;l"1ii
PROFESSIONAL SERVICES AGREEMENT
July 10, 2000
Bill Pinkham
1565 County Road 125
Glenwood Springs, Colorado 81601
Job No. 100 562
Phone: 9701947-0024
Project:Percolation Testing, Proposed Septic Disposal System, 1565 County Road 125
(Dry Park Road), Garfield County, Colorado
Professional Services
Hepworth-Pawlak Geotechnical, Inc. (H-P GEOTECH) agrees to perform the services outlined
below. The CLIENT may subsequently amend the scope of services with the concurrence of H-P
GEOTECH. Services provided by H-P GEOTECH will be consistent with the engineering
standards prevailing at the time and in the area that the work is performed; no warranty, express
or implied, is intended. CLIENT is responsible to provide the information known to be existing
regarding the project as it applies to the execution of H-P GEOTECH's work. Please note the
attached Terms and Conditions are a part of this Agreement and contain a limitation of liability
clause.
Fee
Our fee will be based on the unit costs listed on the attached Fee Schedule and other costs needed
to perform our work.
Termination
This Agreement may be terminated by either party upon reasonable written notice. All work will
be stopped and fees will be calculated to include all work done and materials used or ordered.
Acceptance
We are proceeding with the above scope of work based on the verbal authorization by you on July
10, 2000. Unless notified otherwise, we assume that you accept this Agreement. Prior to issuing
our work, one copy of this Agreement must be signed and returned to us.
HEPW .TH - PAWLAK GEOTECHNICAL, INC.CLIENT
by
disposal area. Present the findings of the work performed in an engineering report.
o c&Etecrr
FEE SCHEDTJLE
GLENWOOD SPRINGS
PROFESSIONAL SERVICES
FIELD INVESTIGATION
Truck-mounted drilt rig $120-$160/hour
Mobilization . . $2.75lmile
All-terrain drill rig Cost + 20%
Crew travel $35/man/hour
Special equipment (backhoe, drill bits, well supplies, etc.) Cost + 20%
Field Engineer or Technician $50-$65/hour
Overtime (over 8 hours/day, Saturday, Sundays, Holidays) 1.5 x hourly rate
LABORATORY TESTING
Fee schedule available on request.
CONSTRUCTION OBSERVATION AND MATERIALS TESTING
Fee schedule available on request.
ENGINEERING
(Includes project planning, administration, analysis, consultation, report preparation, field
and travel time. Expert witness service has a 50% premium hourly rate.)
Principal $120/hour
Project Manager $100/hour
Senior Project Engineer/Geologist $90/hour
Project Engineer/Geologist $80/hour
StaffEngineeriGeologist . . $60-$70/hour
CAD/Drafting . . $55/hour
Word Processing $40/hour
OTHER DIRECT CHARGES
Auto or pickup mileage $35/daY
Out of town living expenses, equipment rental, supplies, etc.
+ $.45lmile
Cost * 20Vo
HEPWORTH - PAWLAK GEOTECHNICAL, INC.
5O2O County Road 154
Glenwood Springs, Colorado 81601
Phone: 970-945-7988
Fax: 97O-945-8454
e-mail: hpgeo@hpgeotech.com
REMARKS
1.5% per month .
provided for each
Terms and Conditions on Back
interest charged 30 days after invoice date. Up to three copies of report
I project.
Effective January l, 2000
Gzzrtzzn.
Dear Mark:
The purpose of this letter is to discuss the preliminary design of a nerv sewage disposai
s,vstem ior 1565 Dry Park Road (County Road 125) in Garfield County. C, lorado. On
June 8, 2000. High Country Engineering, Inc. (HCE) personnel met nn-site rvith the
o,*ner. IvIr. Bill Pinkham. io disluss the possibitity of constructing a 40-dog kennel on
the property. At the meeting, Mr. Pinkham relayed ihe County's rcque-st that.tire
propos6d kbnnel be serviced by either the existing individual sewage dispcsai s:/stem
or a new'individual system.
June 14.2000
Mark Bean
Garfield County Planning and Engineering
109 8th Street
Glenwood Springs, CO 81601
Re:Pinkham ISDS and Building Sound Damping
HCE Project No. 200000422
gallons and I139 SF, respectively.
923 Cooper Avenue
Glenwood Spings, CO 81601
phone 970 945-8676 c lax 970 945'2555
€o{,-1r,"/- '(='
-J-"f,e"_ew
€--
14 Inverness Drive East, Ste 8'144
Englewood, CO 80112
phone 303 925-0544 o fat 30j 925-0547
According to county records, the existing septic s designed tbr a 4-bedroornAccording to county records, the existing septrc system was deslgngd lor a "+-oedrooln
residencelnd contains one 125O-gallon septic tank and one 20'x4i'x3' gravel absorption
bed. Based on the fact that a typi-al absorption bed contains a 1-foot gravel layer. the
Thus, Ihe existing absorption field should contain approximately 1064 SF of abscrpticn
bed. Based on the fact that a typical absorptton bed contatns a l-Ioot gravei layer. tne
existing 3-foot gravel layer sh6uld be capable of additionai 244_SF'9f, silervallpercolation.
Thus. Ihe existine absomtion field should contain approximately 1064 SF of abscrpticn
Based on the 1994 Colorado Department of Health Regulations, the servage- dernancl for
kennels is 30 gallons/day/dog foi a total demand of 1200 gpd. Applying a.factor of saf'eq
of 1.5 (standard) the design flow should be 1800 gpd. Tire equivalent septic t.a1ft sio-r1ee
volume and absorption area based on the original 1984 percolation 1s515 5ilouid be 225A-
After visiting the site and reviewing the preliminary data, it is m1' Qpinion that a new and
separare individual sewage disposal system should be constructed fortheproposed kennel.
Pinding a percolation teit, it also appears feasible to construct a gravity florv standard.
absorption bed or chambered system on the site.
o Mark Bean
Re: Pinkham ISDS and Building Sound Damping
HCE Project No. 2000004.22
June 14.2000
Page2 of2
Mr. Pinkham also requested that HCE investigate the possibility of insulating the existing
steel building with noise control materials. I have enclosed product information from
Tectum, Inc., which manufactures cementitious wood fiber, industrial strength acoustic
panels for both walls and ceilings...Noise reduction coeffrcients have been provided for
your review, or you can view the Tectum, Inc. web page at http://www.tectum.com.
If you have any questions or comments, please feel free to contact me.
Sincerely,
f:J:fi?5
HIGH
Roger D. Neal, P.E.
Project Manager
4
Bill Pinkham
:lqtln .J. Damel Northcentral Regional Manager
#1 Brightside Place
St. Louis, MO 63119
314-918-1749 Phone
800-832-8869 Toll Free Fax
314-918-1762 Fax
ijdames@att.net
http://www.tectu m. com/New/Agents/Northcentral/northcentrallist. htm
W
Back to Map
,, Golorado
John J. Dames, Northcentral Regional Manager
#1 Brightside Place
St. Louis, MO 63119
314-918-1749 Phone
800-832-8869 Toll Free Fax
314-918-1762 Fax
ijdames@att.net
lllinois
Chicago
Mark L. Straub
Senior Sales Representative
459 Waubun Drive
Fontana, Wl.53125
800-555-0915 phone
414-275-0818 fax
mls2@genevaonline. com
Springfield
Semad Corp.
Kyrin McConnell
P.O. Box 4223
Ballwin, MO.63022
636-227-4871
636-256-9151 fax
mcconnell@inlink.com
lndiana
The Boots Group
Ron Boots
13659 Springmill Blvd.
Carmel, lN 46032
317-844-4008 Phone
317-848-7586 Fax
Bootsqroup@att.net
lowa
Des Moines
Rediger & Associates
1of4 6/13/00 7:56 AM
. . f.;JJ**iL{f L
Revised z 6/00 (l y '
wat (ww1{'
t4
Map ID No.
Date Activated
WATER FROM
DISTRICT
APPLICATION A}ID DATA
WEST DTWDE WATER
APPLICANT
Name
Maili€ Addre-ss
T Authorized orRepresentative
WATER RIGIIT OWNED BY APPLICANT OR BEING APPLIED FOR
Narre ofRi$t/' 't #. TlpeofStructure orRieht / '4/
Location ofPoint of io; (description decree or permit)
L.,; G+
Water Case No.WeIl Perrrit No- Zl 6 ' / (Attach copy of permit)
INTENDED USE OF LEASED WATER
Total acreage of above-referenced parcel
Address of above-referenced property
Description ofUse
Sq. Ft. of
Method of Irrigation:Sprinkler-Drip _
twreQd 1uly looa
Amual fota Gailans-ffigp
k
U.n,
and Garden to be Irrigated
Other -pae-+-y'
TotalNurberofDwellingurit" ,/ NurrberofConstnrctedUnitsj I NumberofVacant :otsf2
Potable Wder Sy*em {', (///. Waste-Warer TrcatmeN{-System T S\b
Type ofMeter or Measuring Dr"i"" -xo\ o-\ i-=-i \ {[ o J fr.F
Projected Monthly Volume of Leased Water Needed in Gallons: ,/
THESE IIIGURES ARE
-
ACTUAL DTYERSIONS OR t,, COT\sUMPTTyE UsE oNLY
(Actual diversions must be used unless cryttractee has an augme4firtion plan)
JwL {o-r, Feb.-{Oau MaLfOal_ Apr. TauO May Tirattue@- sept@ oct.@ Nov..+.?a Dec. soat,
AcreFeet J"f
Ol',, -,
Date a,/q/oo
TO LEASE
Maximum Instantaneous Demand gpm
Applicant Applicant
Location of Area ofUse (Include metes and bounds.legal description of
be used- l"Iaybe
/t./ Z /.{
as
o
For Ollio. fh. only
Dlslancesltomsecllonunes""-1-1q-0-...-.-...... Ft.tromEI*.-[s.une, .?0-9 ... .... Fr.rromE=.*fiw.Line.
COUNTY.
U4, Sec.E".o"D*.,Rangts..--*- - t]
=. - flw ....*.....-... p.M.
Ths abovs ,sted owner(s) say(s) rhat he (thsy) own tho stn oilur€ descrrbsd herernThe exrsgng record b berrp amended for the fo[owrng reason(s):
ffi
"n"nn"
tn name of owner. D *"r* O *n* address.D *"okon of tocarton.
"ffi|,|ffi
t#lsstd'mon* made herern' krpw tn' "*'
[Pursuanl to sec{lon 24+1u (13)(a) c.R.s., the making of fatse slarsmsnts heretn cons*trrtos pedury hH9!5ry." "no
ls punlshabte as a oass r nrrsoheanoii'-'
I
'i .i.
lr
oFFrcE oF THE srATE ENGTNEER , i
818 C€nlernlr, Bldg. 1gl3 Storrran SL. Derrvrt| Colordo AOat}3 .Foq txr.esst
Pnton To coMFLETIT,TGFonM;SE
CHANGE IN, OWNERSHIP/ADDHESS / LOCATM
WELL PERMIL Ln ESTocKTnNK OR Enos|oN (}ONIRoL D/ut
.E wELLPEBMrNUMBER zl616l
n LrvEsrocK *ATEB TANK NUMBER
EROSION CONTROL DAM NUMBER...-.-..........
Nameffille (Please type or prlnt)
}Jilliam D. Pinkham
Slgnaturs
/k/q/'
NAME (s) .....U,i.]..!._iettl..._Q.,...1 i ili.lE.r
Phone (. 97.0.. ) ..9.27.-..4015.............. ............. ....
1i.j - =..;i:..: t+-jtl,
',*l,+i,y;,.r.S.r
r+..4i 'r>
i "l_'0
1; ...4;' :.i E"
. . ! :! .-
.::1" ir -li ....:t ,''
-.tr. ...:'... i"..::if-\" j ' ,;--<i,i,:,.1{t:,, :' : =... T _'i]..1-.-,_'... 4-;...:,....i j-,.i{.:
Bi'it
,.::.-- . ,ar'"".:- .-'j-:'--.1./.
:,
.': _'... .,,, .2! : ': --:
-.ft|:;,r,t' =.,,,,:..
_.
:;'; .-'l
-_---'--_ :_:'-.''
. RECETVED
coLoRADo DIVISION oFWATER-RES-o-URCES T<' i W, -', ( nL ; L ; i--
DEPARTMENT OF NATURAL RESOURCES ' I < i-r J[ 12 m- I3I3sHERMANST.,RM.8l8,DEN\IER co80203 \'" '(sll ,/ t k'
dlffi#i11.;tT33587
main: (303)866-3581 ".--- :-')-
WaterWell n"r.lHffiffin
(please note: othor forme are availablo lor specific usea including - residontial, livestock, monitoring/obeorv., gravol pits, registratioa of old wallsl
in black inkReview instructions prior to qq4plqti4glgq!Must be or
1 . APPLICANT INFOBMATION 6. USE OF WELL (please attach detailed descrigtion)
Ntms ot .pplic.nt
///,i/t,4rz ,4ro//nrl
E qousrntel E orxen
dcouruEnctal
El nltururcrplr-
E lnnlcllott
E fEgO LOT - numbcror hcad
M.ilinO Addrar
/sa-; c,z ,tx 7. WELL DATA
City St tc ZiP CodG
///rtuad -Vrl la 6Ha/
Muimm pmtino Et
,/ I spm
AmlEl mount -_-?
-2,'/ acre-feet
TotC d.plh
?EF t Z///// ree,
Aqdfrr
72/, it,bp- trelTd.phorc Mb!. (ircltrdc rd q
f Z, %7 @zy'8. LAND ON WHICH GROUND WATER WILL BE USED
2. TYPE OF APPLICATION (check gpplicable box(esl)A. LEGAL DESCRIPTION [may bo providcd !s rn !ftrchmcntl:
-fZrn,e At "//aE
(lf uacd lor crop irrigation, rtt.ch scrlcd map thlt shows irrigatcd rrc!.1
E Construct new well EflJse existing well
El Replace existing well dChange or lncrease Use
E Change (source) Aquifer EI Reapplicatioo (c:eirud pcrmhl
El Other:
3. REFER TO (if applicable):B. # acnr
42.32d 'H,//an
Wltcr court ctso ,
\
Pcrmit ,
D. Lirt any othcr wdh or wrt.r right. utcd on thit land:
,g//,Emcrgency Vcdal t
-VE.
Monitoring holc acknowlcdgmcnt I
MH.
Wcll namc or #9. PROPOSED WELL DRILLER (optional)
N.m ),lft Uo@nmbq
4. LOCATION OF WELL
Counw , ,
%Zfi e/d Ou!rtcr/qu!rtcrS€ v.
Ou!rtor
//E v,
1O. SIGNATURE of applicant(s) or authorized aoent
The making of false statements herein constitutes perjury
in the second degree, which is punishable as a class 1 mis-
demeanor pursuant to C.R.S. 24-4-104(131(a). I have read
Scction/.s Townrhip t{ or S
?s trd Rangc E or ltll
9? at ftircipal l,/taridian
6 n.(rn,
Oistlncc of well from ocstion linee
/Ada n,-- dn tr " 2D ttrc^{eE w
the statements herein, know the contents thereof, and state
that they ere true to my knowledgq
W.ll locrdon !ddr.u. il dflcront hm .pdisnt .ddr.o lil opplioabbl
srzmr' rt ,,qhv y'
u-'*-ffiz:/qZ
Tltlo
O*tnlZ
D.t. -/ )7/r/*For r.pl6m.nt wdlt oCy - dtt m. rd drcdon ,rm old w.ll to mw w.al
///n feet direction OPTIONAL INFORMATION
5. TRACf ON WHICH WELL WILL BE LOCATED USGS m.p lmG OWRmp m.Sur&c dw.
A. LEGAL DESCRIPTION (may bc providcd rs !n lttlchm.ntl:
ssl srr/*/ / ff;;i offico Use onl,
Dtv g
co 23
wD 3g
BA-
USE(S) MD
B. STATE PARCEL
) to* topdonatl:
C.rEhrncl
44'3 zB fur//ron frl/r^
E./Wil this be the only well on this tract?
tr yES tr NO (if other wclls are on this tract, ees detailed inst.!
Form GWS-45 (Lzl95)
7//701,
-f ?t//'orn 4ZAln '4/2 tAl' //"/ (*'--
e gaz nD ,ar,7l/zzy a//i €'r'"/"7 az/'/'' 9't
)
)")r'"u4) "/* 2//r/).) z&/;/ -24a1 z/
,Gas fr*r4 Z* ,2t/ ///nat/a/ %'y4 f,a' 9//a)
u/Afu
o
o
sed=oL6-,'^ llj qr f
I=8FEEi=o I1.9,az*ox
'8ts;;=ooo@aoo)ooN
iIilr
EsditstIi
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Eo
ruo
c]oo{rr
la
Ir,
tso
ts
a
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a
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a
APPLICANT
COLORADO DIVISTON OF WATER RESOURCES
SlsCentennialBldg-,l3l3ShermanSt',Denver'ColoradoEO2O3
(3031 866-3581
RECEIVED
JI, 12 !(l EXST
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 114 NE 114 Section 15
Twp 7 S Rng 89 W 6th P.M.
DISTANCES FROM SECTION LINES
1450 Ft. from NORTH Section Line
2O0 Ft. from EAST Section Line
*ELL pERMrr NUMBER 2I6 I 6 I *.,^og^E1q.ugrg, -
Dlv.s CNTY. rr"ffiffi .,
Block: Filing: Subdiv:
foy/laot y',,rfun AJ ttr ,har, /' /Fry
RA^ulDEtu{€rf*FH
1565 CTY RD 125
GLENWOOD SPRINGS, CO 81601
(970)945-9723
PERMIT TO USE AN EXISTING WELL
1)
2l
3)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITTONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of
the permit does not assure the applicant that no injury will occur to another vested water right or preclude
another owner of a vested water right from seeking relief in a civil court action'
The construction of this well shall be in compliance with the water well construction Rules 2 ccR 402'2,
unress approval of a variance has been granted by the state Board of Examiners of water we[ construction
and Pump lnstallation Contractors in accordance with Rule 18'
Approved pursuant to cRS 97-92-60213)(b)(ll)(A) and for the change in legal description and location correction
oiwerr peimit no. 1 56g30 (cancelled). Approved as the only well on a tract of land of 4o.328 acres described
as that portion of the SE y., NE %, Sec. 15, Twp' 7 S, Rng' 89 W' 6th P'M" Garfield County' Reference
attached exhibit n. Physical address of well is 1565 CTY RD 125, Glenwood springs' co'
The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to
3 single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the
watering of domestic animals'
The maximum pumping rate shall not exceed 15 GPM'
The return 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 returned to the same stream system in which the well is located'
7l This well shall be constructed not more than 2OO feet from the location speci
4l
5)
6)
fied on this permit.4
tle ltt
APPROVED
SAP
Receipt No'; ,rrr., MAR 1 6 1999 l*r,*o,oN oArE }lAR 16 2o()1
WEST DIVIDE WATER CONSERVANCY DISTRICT
109 WEST FOURTH STREET P. O. BOX 1478
RIFLE, COLORADO 81650-1478
TELEPHONE AND FAX: (970) 625'5461
E-MAI L: wdwcd@rifl e.net
HECEIVED
.u- 12 '00
-S^'f.mF^..
July 6, 2000
William Pinkham
1565 County Road 125
Glenwood Springs, CO 81601
Dear Mr. Pinkham:
Enclosed is your approved contract # FM00062lWP(a). Please read the contract carefully if you
have not already done so, but please especially note paragraph 2 concerning availability of water.
West Divide obtains its storage water from a nurnber of sources including Ruedi Reservoir and Green
Mountain Reservoir rryhich are Br:reau of Reclarnation projects. Federal policy relating to endangered
species, among other environmental concerns, provides that supplies from these reservoirs may be
interruptible. Moreover, the forces of nature are always such that no source of water can be
ggaranteed from year to year. West Divide continues to make good-faith efforts to obtain alternative
long+erm supplies in an effort to make reliable and predictable the water supply anticipated by your
contract with us-
This water allotment contract may require you to obtain a well permit from the State Engineer's
office. Once your well is drilled you are required to install a measuring device and submit a meter
reading to West Divide. You will be provided with a special form for this purpose upon notification
that your well has been drilled.
Non-compliance with measr:ring and reporting requirements are grounds for cancellation of your
water allotment contract with West Divide. This could result in action by the State Engineer which
could prevent your further use ofyour well.
Sincerely yours,
9**/Iaddo"f-
hanet Maddock
Administrative Assistant
Enclosure
:cc The State Division of Water Resources denclosure
Division No. 5 Water Resor:rces denclosure
Kerr), D. Sundeen, Hydrologist ilenclosure
rey Samuel B. Potter Wifliam M. Zilm LaVerne Starbuck Robert J. ZaneltaDirectors: KellY Cot
Revised Arcl00
A.APPLICA].{T
Name
HECEIVED
.[x- 12 I)()
Authorized or Representative
ContractNo. FMO0 0 6 2IWP ( a )
Map ID No. I8
DateAclivated OG / 21 / OO
Hf+tHil*F9S' ;
APPLICANON A}ID DATA FORM fO^IEMSE WATER FROM
WEST DTVIDE WATER CONSERVAI.{CY DISTRICT
Mailine Ad&ess -Tetepione{L\,
B.WATER RIG}IT OWNED BY APPLICA}IT ORBEING APPLIED FOR
Name orR,r61tt'' "ru--'- rypeofstructureorRtgh,,
LoJio"orloiiGrDi"orio-n (a"scription lom decree or permit) =, , = , = ,, ,
8
C.
E.\
Water Case No.mtt p.r.it No. Z/ 6/b / (Attach copy of permit)
INTENDED USE OF LEASED WATER
Location of Area ofUse (Include metes and b.oundllegal description ofproPTtr o1 rh water right qlg
be used. MaY be
/ t ) ,1'lr(
t5 S,
u.t."ge of above-referenced parcel
Address of above-referenced property
Description ofUse
D. OTI{ER.
Applicant
*** water usage figured on
5O commercial sled dogs
information.
Applicant
TotalNnmbsr ofDwelling Unrts / Number of Constmcteg Units & I Number of Vacant Lots 2
potablewaterSystem/'.,./.waste-waterTreatrnerft'System,aS\=-
iype ofUet.r or U.u
projected Monthly volume of Leased water Needed in Gallons: ,/
TrrEsE FIGURES ARE _ AcruAL DIvERsIoNS oR t/ coxsuMPTwE usE ONLY
?##"tr'*' ilxi:?;i- ";;;w *
xtr"ru,'"'ilu, 4xt,t lune @ . ty 4"i"rfu_ s"pn.@ o"t.@ Ntv..+,, Dec- Soao AnnualTotal G4lo'oqzu
Acre Feet J , -J ***
Maximum Instantaneous Demand gPm
*n 4'i':
/' -
af per household and
€ 30 ga}. /day/head per
I.7 af for up to
applicant' s
and Garden to be Inigated
Other BrzklSprinkler
t.Ft.
DripMethod of Irrigation:
i ,\/ED
Jt 12'm :
WAIEII HESOUEQE$t't'.EFffit* 'j
FONM NO.qw$ll
07/93
I
STATE OF COLOFTADO lOFFICE OF TFIE STATE ENGINEER
018 Ccnlcnnlel Bldg.. tJlC Shormen St. Dcnvcc Colirr8do E@qt .
Foo, ss6.rsst
For Ofticr thc only
t
'! 't. ,
PNIOB TO COMPLENNG FOBM, S
CHANGE IN OWNERSHIP/ADDRESS / LOCATTON
wEtI pEBMtr, uvEsTocKTANK On EnostoN coNrRoL DAM
1
2.
3.
4.
5.
WELI- LoCATIoN: coUNIY....$.g..f:.I-iS.l.-a...9..0-111H........................ owNER,s WELL DEsIGNATToN mD
.....I.F...... l/a oru."....1!.-E .......u4, sec,...].s.... rrp,.11......... X
".
., EJs., Ranse......g"? ... tr ,. d EIw. .9.1.1 p.r,r.
Dtslances trom secrton Unes....-1ff-g.............. Fr. konr E *. o, [-l s. Llne, ..?-99. .... ...... Ft. from E a. ,]n* ,".
UVESTOCK TANK OB EROSION CoNTHoL DAM LOCAT]ON: coUNTY....... .........,.....*r
................. r/q, s"c. .........-..:... r"rp............... L] N. o, fls., nange................ fJ E. _ f] w, ................. p.M.
The above ilsted owner(s) say(s) that he (they) own tho structur€ descrlbed hereln.
ihe sxlslng record ls belng amended for ure folorvrng reason(s):
E
"n"nn"
tn name of owner.[
"n.nn.
tn mailng address.X con."rton of locailon.
| (we) lrave tead lhe silaemsnls madg hereln, knoil the contsnts lhereof, and statg rhd rhey are truelo my (our) knorvledge. r. r . .
[Pursuanl to sectlon 244'lo4 (13)(a) c'R.s., lhe making ot false sraremonts hereln constlutes perJury lnlhe second degree and ls punlshable as a class I mlsdomeanor.t FsIurr trr
.:
6.
Name/l'ille (Please type or pdnl)
t.lilliam D. Pinkham
Slgnature242 :
Data .) :
lkfrl'
FOB OFFTCE USE ONLY
lt
til
u
tr
wELL pEBMrr r.ruMsen..?.i.9.1.9,1..............
LIVESTOCK WATER TANK NUM8ER....................
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REVISED 7N9199
Name ofAPPlicant:
nHCli!1*/ED
"[.[- 12 ',00
*#fi'?'"%ftffF'
GLENWOOD
WEST DIVIDE WATER CONSERVA}ICY DISTRICT
WATER ALLOTMENT CONTRACT/LEASE
Contrast* FMO 0 0 6 219vP ( a )
Map ID # I8
DateActi'/ated 6'21 /00
Quantity ofWater in Acre f""tt 3 ' 1
Applicant, her,6y applies to the west Divide Water Conservancy District, a political suMivision df the state of Coloradq
organized pursuant to and existing by virtue of c.R.S. 1973, 53745-101, et seq.. (hereinaftcr reffi to as the 'District') for an allotment
contract/lease to beneficially and perpeually use water or water rights owned, leased, or hereafter acquired by the District By execution of
this contract/lease and the attached application, Applicant hereby agrees to the following terms and conditions:
l. Water Riehts: Applicant shalt own water rights at the point of diversion herein lawfully entitling Applicant to
!r* water, which will be supptemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be
understood by Applicant that no right to divert exists until a valid well permit is obtained fiom the colorado Division of water Resources.
Z. Ouantim Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point
of diversion frorn the Distict's direct flow water rights, and whor water is unavailable for diversion Pursuant to administation by the colorado
sate Engineer during p€riods when said direct flow water right is not in priority, the Disda shall release for the use of Applicant up to said
quantity in acre feet peryear ofsorage water owned or controlled by the Distict. It is understood that any quantity allotted from direct flow,
storage or otherwise, to the Applicant by the Distict will b€ limited by the priority of the Distict's decrees and by the physical and legal
availability ofwatef fiom District s sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully
cornplies with all oftlreterrns and conditiqrs ofttris contract/lease. The Distict and the Applicant recogrize that some of the District's decrees
may be in the name oftre Colorado Rirrer Water Conseryation District" and the ability of the District to allot direct flow right to the Applicant
may be depandant on the cqrsent of the colorado Nvcr water conservation District If at any time the Applicant deterrnines it requires less
water than the amount herein providd Applicant may so notif the Distic in writing, and the amount of water allotted under this
csrtract/lease shall be reduced permanently in accordance with suctr noticr. Rates shall be adjusted accordingly in following water years only.
3. Beneficial Use and l,ocarion ofBeneficial Use: Any and all water allotted Applicant by the Distict shall be used
for the following beneficial useor us€s: mrnicipal, domestic and related uses' or commercial (except to the extent that Ruedi Reservoir water
lrnay not be available for mmmercial as that term is defined on Page 5 of conhaa No. 2-07-70-wo547 between the united states and the
U*o, rrde Water Consenancy Disticr). Applicant's beneficial use of any and all water alloned shall be within or through ftcilities or upon
land owned, leased, operate4 or under Applicant's contol'
4. Decrees and Deliverv: Exchange rcleases made by the District out of storage from Ruedi Reservoir and Greet
. Mountain Resewoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the
Applicant at tl* outl€t works ofsaid strage ficilities or at ttre decreed point of diversion for said other sources, and rclease or delivery of water
], ** outlet or points shall constitute performance of the Disuia's total obligation. Delivery of water by the Distria from Ruedi Rese'rvoir
or Green Mountain Reservoir shall be subject to the Disrict's lease contracts with the United States Bureau of Reclamation. Releases fiom
other frcilities ar,ailable to District shall be subject to the contracts, laws, rules, and rcgulations governing releases therefrom. Furthermore,
the Disrict hereby expressly r€serv€xt the right to storc water and to make exchange releases fom stntctures that may be built or controlled
by the Distria in the future, so long as the water service to the Applicant pursuant to this agreemen! is not impaired by said action. Any
quantity ofthe Applicant's allocation nct delivered to or used by Applicant by the end of each water year (October l)' shall revert to the water
supplies of the Districr Such rEversion shall not antitle Applicant to any refund of payment made for such water.
Water sendoe provided by the Disrict shall be limited to the amount of water available in priority at the original point of
diversion of the Districts applicable water righ! and neither.the District, nor those entitled to utilize the District's decrees, may call on any
grcatff amount at new or attemate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any
conveyance losses between the original point and any altemate point, and such estimate shall be deducted from this amount in each case.
5. Alternate point ofDvmion and Plan ofAugmentation: Decrees for altemate points of diversion of the District's
wat€r rights or storage wai€r may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree
is the exclusive responsibility of Applicant. The District reseryes the right to review and approve any conditions which may be attached to
judiciat approval of said altemate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant
-.acknowledg€s
and agrees that it shall be solely responsible for the procedures and legal orgineering costs nec€ssary for any changes in water
!;gf,o conternplared hereirt and further agrees to indernnify the District fiom any costs or losses rclated thereto. Applicant is solely responsible
for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver thern to Applicant's
intended beneficial ,oe. Irrespective ofthe amount ofwater actually transferred to the Applicant's point of diversion, the Applicant shall make
annual payments to the District based upon the amount of water allotted under this contract/lease.
ln the event the Applicant intends to apply for an alternate point of diversion and to dwelop 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, ttre Applicant shall give the Disrict written notice of such intent. In the event the Applicant dwelops and adjudicates its own
augmantation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph l9 below. In
any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the
Distict copies of such ptan and of all pleadings and other papers filed with the water court in the adjudication thercof.
6. Contact/lease Pavment Non-rc,firndablg one time administrative charge, in the amount determined by the Board
of Directon ofthe Disrict fiom time to time, shall be submitted with the application for consideration by the District.
Annualpayment for the water servi@ descriH herein shall be determined by the Board of Directors of the District. The
initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due.
! t",O notice wilt advise the Applicagt, among other things, of the water delivery year to which the initial payment shall apply and the price
which is applicable to that Year.
Annual payments for each year ttrereafler shall be due and payable by the Applicant on or before each January l. If an
. ann,,al paymcnt is nc made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent ccrtified
mail, return reoeipt requestd to the Applicant at sudr address ar may be designated by the Applicant in writing or set ftrttt in this
eh*rrea* or applicatior. water ue for any part of a water year shall require paym€nt for the entire wat6 year. Nothing hcrcin shall be
constnred so as to prevent the Distict from adjusting the annual rate in its sole discretion for funrrc years only.
If payment is nor made within fifte€n (15) dala after the date of said written notice, Applicant shall at Distict's sole option
have no fl'ttrer right, title or interest underthis contract/lease without fi,rther notice, and delivery may be immediately curtailed. The allotrnent
of water, as hercin madg may be transferred, leasd or otherwise disposed of at the discretion of the Board of Directors of the Disrict
Upon cancellation of this water allotrnent contract/lease with the Districq ttre Distict shall notifr the Division of Water
Resources offices in Denver and Glenwood Springs. The Division of water Resources may then order cessation of all water use.
7. Additional Fees and Ccs: Applicant agrees to defray any exp€ns€s incurred by the Distict in connecfion with
the allcrrnent ofwat€r rights h€remder, irrcluding but nct limited to, reimbunernent of legal and engineering costs incurred in connection with
any water rights and adjudication necessary to allow Applicant's use of such allotted water rights.
g. Assienmeflt This contract/lease shall inure to the benefit of the heirs, succcssols or assigts ofthe parties hercto.
Any assignmant ofthe Applicanfs rights under tris contsaci/lease shall be subject tq and must comply with, such rcquirements as the Distria
may hereaffer adcpt regarding assignmant ofcorract/lease righs and the assumption of contract/lease obligations by assigrrees and successors-
^dlothinc h€rein shall pret/ent successors to a portion of Applicant's property fiom applying to the DistriA for individual and separate allotnent
Qonr,ulo/l*o. No assignment shall be recognized by the District except upon completion and fiting of proper forms for change of
ownershiP.
Upon the sale of the real prop€rty to which this contract/lease pertains, Applicant has a duty to make buyer-aware of this
contract/lease and proper forms for change ofownership must be completed.
g. OtherRul€s: Applicantshallb€boundbytheprovisionsoftheWaterConserrancyActofColorado;bytherules
and regulatims ofthe Bord ofDirectors ofthe Disuicq and all amendments thereof and supplernents therao and by all other applicable law.
10. Operation and Maintenance Ag'eerneilu Applicant shall enter into an "Operation and Maintenance Agreememt"
with the District under terrns and conditions determined by the board of Direstors of the District, if and when, the Board of said District
dcernrines in its sole discretion that such an agresrnent is required. Said agreemant may contain, but shall not be limited to, provisions for
additional annual mon€,tary consideration for extension of District delivery senrices and for additional adminisnation, operation, and
maintenance co6B; or for other costs to the District which may arise through senrices nlade available to the Applicant
I l. ry*gfuse: The Disfict rrserves the o<clusive right to review, reaPprove or disapprove any proposed change
in use of the water allotted hereunder. Any use other than that sEt forth herein or any lease or sale of the water or water rights allotted
!o"*a", without the prior written approval ofthe Distict shall be deemed to be a material breach of this contract/lease.
12- Use and place of Use: Applicant agrees to use the water in the manner and on the property described in the
- documents submitted to the District at the time this contract/lease is execute4 0r in any operation and maintenanoe agrcernant provided by
Aoolicanr fury rse cttrer than as set fsth trereqr r any lease or sale of the wat€r or water rights herein, other than as pcrmittcd in paragraph
o;;*a shart ue deerned to be a mat€fiar breach ofthis agr€emenl
13. Irtl". It is understood and agreed that nothing herein shall be interpraed to give the Applicant any equitable or
legal fee title interest in or to any watef or water rights refened to herein'
14. Ccrsenratim: Applicant shall rse commonly accEpted mnservation practices with respect to the water and water
rights h€rei* and hercby agrees to be bourd by any conservation plan adopted hereafter by the District for use of Distria ovmed or contolled
water or water rights.
15. Resuictims; Applicant shall r€strict actual diversions to not exceed the Contract/l-ease arnount, which provides
water (on the formula of one acre foot per dwe[ing) for ordinary household purposes inside one single family dwelling the watering of
domestic livestock, firc protection, and the inigation of up to 6,000 square feet of lawn and gandan'
Applicant sha[ also comply with all restrictions and limitations set forth in the well permit obtained ftom the Colorado
Division of Water Resources'
Watering of livestock shall be r€stricted to Applicant's domestic animals not to be used for commercial purposes unless
lpplicant obtains approval fiom the colorado Dvision ofwater Resources for commercial usey'livestock watering at a horse boarding facility,
!,providea that in no event shall actual diversions exceed the amount of water provided by this Contract/I-case'
Violation of ttris paragraph l5 shall be deemed to be a material breactr of this Contract/Lease.
16. weil permir If Applicant intends to divert through a well, then Applicant must provide to District a copy of
Applicant's valid well permit before Distria is obligated to deliver any water hereunder.
17. Measurins D6/ice or M€ief, Applicant agrees to providq at its own expense, a totalizing flow met€r with rernote
readotrt to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms
ofthis cqrtnact/lease. Applicant agrees to provide accurate readings from such device or meter to District upon Distict's requesL Applicant
adrnovledges that failure to comply with this paragraph could result in legal action to terminarc Applicant's diversion ofwater by the sate
ofcolorado Dvision ofwater Raources. By sigring this contaq Applicant hereby specifically allows District, through its authorized agent"
to eoter upon applicant's prop€rty during ordinary business hours for the purposes ofdaermining applicant's actual use ofwater.
lE. Representations: By executing this contract4ease, Applicant agr€€s that it is not relying on any legal or
engineering advice that Applicant may believe has been received fiom the Disria. Applicant further acknowledges that it has obtained all
_ necessary legal and argineering advice fiun Applicant's own sourc€s other than the Disricr Applicant further acknowledges that the Distict
O-ur.o no g;arant€es, warranties, or assurances whatsoever about the quantity or quality ofwater available Pursuant to this contract/lease.
Should the Disrict be unable to prwid€ the water contracted for herein, no rJamages may be assessed against the Distric( nor may Applicant
. obtain ":*O Aom the District
O 19. Ccts ofWaterCont Filins and Aulrnentation Plan: Should the Distict, in its own discretion, choose to include
Applicanfs cootractnease herein in a \ryater court filing for altemate point of diversion or plan of augmentation, then Applicant hereby agrees
to pay to the District, when assessed, an additional fee rcpresenting the Dristrict's actual and reasonable costs and fees for Applicant's share
ofthe proceedings. Applicant shall be assessed a prorata share of the toErl cost incurred by the District in preparing filing and pursuing to
decree the water gourt case. The prurata share shall be calculated by dividing such total cost by the number of contractees/lessees included
inthefiling. To*reortentthatttreDistictiscausedadditionalcostsbecauseofobjectionfiledspecificallyduetotheinclusionofApplicant's
contract/lease in the filing such additional costs may be charged spa;ifically to Applicant and not shared on a pro-rata basis by all
contractecsnqrsees.
ZO. Bindine AgrEern€nt This agreement shall not be complae nor binding upon the Disrict unless attached hereto
is the fo,m entitled 'Application and Data Fonn to Lease Water From West .Divide Water Conserv'ancy District" fully completed by Applicant
and approved by the District's engineer. Said attachments shall by this reference ther€to be incorporated into the terms ofthis agreemenL
All curespo.rdence fi,grn the Disrid to Applicant refening to or relating to this agreement is by this reference incorporated into this agreement
as further terms and conditions ofthis agreement.
21. Warning: ITISTHESOLERESPONSTILIYOFTHEAPPUCAI'ITTOOBTAINAVALID WELL PERMIT
OR OTT{ER WATER RIG}IT IN ORDER TO DTVERT WATETL INCLUDING THE WATER ACQUIRED UNDER THIS
.TCONTRACVLEASE. IT IS TTIE CONTINIJING DUTY OF THE APPUCA}IT TO MAINTAIN THE VALIDITY OF THE WELL PERMM
IA* *ATER RIGTIT IN.LUDING FILING FOR EXTENSIONS OF,PERMITS, FILING WELL COMPLETION REPORTS, FILING
STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A
REGULAR BASIS WTTHOUT WASTE.
'\ /'::--
I 2i. AREA B. CONTRACTS/LEASES: IF AP]PLICA]'ITS WELL OR OTHER WATER RIG}ITTHAT IS THE
t-\
SUBJEST OF T}flS€ONTRACT/LEASE IS LOCATED OUTSIDE".EEA A, AS DESIGNATED BY TTIE DISTRICT, THEN THIS
PARAGRAPH APPLIES: TTM AUGMENIATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY
PROTECTAPPLICA].ITS WATER RIGTilFROM A CALLONTHE COLORADO RTVERAND MAYNOTPROTECTAPPLICANT
FRoM A CALL FROM A}IY OTHER SEMOR RIGHT. NO REPRESEI.TTATION OTHERWISE IS MADE BY THE DISTRICT. tr THIS
IS A CONCERN TO APPLICANT, THIS CONTRACI/LEASE MAY BE RESCINDED UPON WRITTENNOTICE DELTVERED TO
THE DISTRICT BY THE APPUCANT WTIHIN THE NEXT 30 DAI'S FOLIOWING TIIE AFFDflNG OF SIGNATURES ON THIS
CONTRACT&EASE IN WHICH EVENT ALL SUMS PAID BY APPLICA}IT FOR THIS CONTRACT/LEASE SHALL BE
IMMEDI.ATELY REzuNDED TO APPLICA}IT.
Applicant Applicant
STATEOFCOLoRADO )
u/"a t\f€f
JL 12,S
instrument was acknowtedged before me on this & *, ", --\-.WffiffiF" . zo@w
COLINTYo
) ss.
OF GARFIELD )
this contract/lease:
Witness mY hand and official seal.
My commission exPires:
ORDER
After a hearing by the Board of Directors ofthe West Divide water Conservancy District on the application, it is hereby
ORDERED that said application be granted and this contract/lease shall be and is accepted by the District
WEST DTVIDE WATER CONSERVANCY DISTRICT
ATTEST:
G- zl - ?ooo-
This cqrtract/lease includes and is subject to the terms and conditions of the following documents which must accomPany
Map showing location ofpoint ofdiversion (use map provided)
Application and Data Form fully completed and signed
l.
J.
