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RECEIVED NOV 2 7 2002 GARFIELD COUNTY BOWING & PLANNING Submittal Date: APPLICATION Special Use Permit GARFIELD COUNTY PLANNING DEPARTMENT 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 Telephone: 970-945-8212 Facsimile: 970-384-3470 Base Fee: $400.00 . cit, t r3 U 114 -1/ --- Applicant: /Oak Srdel"- Address of Applicant: 1// 57 // 7 A 1 6.5. Telephone: ceseitia. 1(2g- ka a /443 �G. --- Cce“ 1)1�eii J 14.1A- ff � r l� id, 01 Zone District: 1 J Size of Property: 4 , z r' S Application Requirements: These items must be submitted with the application 1.) Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. 2.) If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan. 3.) A map drawn to scale portraying your property, all structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4.) A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. K5.) A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. 6.) Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 7.) You must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3. (on industrial type use applications sections 5.03.07 and 5.03.08 will be necessary to address). The consideration of this proposed Special Use will require at least one (1) public hearing for which public notice must be provided. The Planning Department will mail you information concerning this hearing(s), approximately 45 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail, to all owners of record as shown in the Assessor's Office of lots within 200' of the subject lot and to all owners of mineral interest in the subject property and publish the notice provided by the Planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 30 but not more than 60 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of public hearing. 5(Leucci ,GairgHtIfffal Use Being Requested: The information contained within this application is complete and correct, to the best of my knowledge: Applicant: Date: j/-15 — e Z-- ***Please s mit 8 co Tete sets of application pphcation when submitting for review. Add 5.03.021 ATTEST: Cle oC the Board Cle of the Board (- vote: Acces, ' Dwelling Unit: Use of a structur s an accessory dwelling whether approved by Special Use, use by ngiit in a new subdivision approval, or on an existing lot must meet the following standards, as well as all other standards applicable to residential use: (1) The minimum lot size shall be four (4) acres containing a building site with slopes less than 40% at least two (2) acres in size. (2) The gross floor area for residential use occupancy shall not exceed 1500 square feet. (3) Approval from the subdivision homeowners association and/or allowed by covenant, if applicable. (4) Proof of a legally adequate source of water for an additional dwelling unit. Co fiance with the County individual sewage disposal system regulati s or proof of legal ability to connect to an approved central se age treatment facility. (5) (6) Only leaseholc nteresls in the dwelling units is allowed. (7) That all construction complies with the appropriate County building code requirements. GARFIELD COUNTY • BOARD OF COMMISSIONER,‘ GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following Marian I. Smith Arnold L. Mackley Elmer (Buckey) Arbaney , Aye , Aye , Aye 5. CONDITIONAL AND SPECIAL USES As listed under the Zone District Regulations, conditional and special uses shall conform to all requirements listed thereunder and elsewhere in this Resolution plus the following requirements: Utilities adequate to provide water and sanitation service based on accepted ering standards and approved by the Board of County Commissioners shall either be lace or shall be constructed in conjunction with the proposed use; (A97-60) 0 Street improvements adequate to accommodate traffic volume generated by the posed use and to provide safe, convenient access to the use shall either be in place or shall e constructed in conjunction with the proposed use; Design of the proposed use is organized to minimize impact on and from adjacent uses nd through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Additional specific requirements and prerequisites for certain uses are as follows: (A. 79-132) 01 (1) Mobile Home as Principal Use of the Lot: A mobile hom- may be allowed as the principal use of a lot as a special or conditional use, as provid . within the zone district provisions of this Resolution, provided that each of the follow' g conditions is satisfied in the situation of a s cial use and that the first three (3) of th> conditions are satisfied in the situation of a condit onal use: (A) The mobile home has a minimum of seven hu . red twenty (720) square feet of floor area; (B) mobile home is placed on a perment concrete or masonry footer; (C) The mo le home shall be skirted, ith no storage allowed underneath or outside the structure. The : ilding Official may - quire tie -downs in locations subject to high winds; (D) The lot on wh the mo e home is to be placed shall be posted with a Notice of Intent, fifteen (15) days , rior the public hearing; (E) Written notice oft p , lic hearing as required by Section 9.03.04 of this Resolution shall be sent by the app ' ant to e land owners within two hundred (200) feet of the lot on which the mobile ho . - is to be 1 ated at least fifteen (15) days prior to the public hearing by certified return ceipt mail. e return receipts, showing receipt of notice by such property owners, : all be given to th • Planning Director at least five (5) days prior to said hearing, unless . e applicant is able to o rwise show evidence of receipt of adequate notice. Notice by puication required by said S- tion 9.03.04 shall be given in a newspaper of general circation once, at least fifteen (15) ays prior to hearing: (2) ufactured Home as the Principal Use . the Lot: A manufactured home shall be allow- as the principal use of a lot as a use by ri &• t, provided that each of the following con.' ions is satisfied: A) The manufactured home is at least twenty-four (2 feet in width and thirty-six (36) f- -tin length; 74 Form No. GWS -25 APPLICANT OFFICE OF THE ST -E ENGINEER COLORADO DIVISIL. OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 DON L SEATON % LAWRENCE R GREEN P 0 DRAWER 790 LIC WELL PERMIT NUMBER 173988 DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 SW 1/4 Section 3 Twp 7 S RANGE 89 W 6th P.M. GLENWOOD SPGS CO 81602 DISTANCES FROM SECTION LINES 1325 Ft. from South Section Line ( 303)945-6546 800 Ft. from West Section Line PERMIT TO CONSTRUCT A WEU.. ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS 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 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. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation 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 17. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a residential site of 7.4 acres described as that portion of the W 1/2 of the SW 1/4 of Sec. 3, Twp. 7 South, Rng. 89 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit 'A'. 4) The use of ground water from this well is limited to ordinary household purposes inside a single family dwelling. The ground water shall not be used for irrigation or other purposes. 5) The maximum pumping rate shall not exceed 15 GPM. 6) 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. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. REOPF AJ3 NOV 27 2002 GARFIELD COUNTY BUILDING & PLANNING DIVISION APPROVED JD2 State Engineer Receipt No. 0359243 DATE ISSUED OCT 25 1993 By EXPIRATION DATE OCT 2 5 1995 Garfield County Building Department 108 Eight Street, Suite 101 Glenwood Springs, Co. 81601 John Groth will be acting for me as an agent with regards to this Special Use Permit needed to remodel the upstairs of the garage located at 4151 117th RD into a one bedroom apartment. Don Seaton 4151 117`h RD Glenwood Springs, Co 81610 Nov <9,l 2082 GI� FC DCOUNTY ANNING oar?*oCOAft 4264117RA, OLEAFOODSPEW( MSV � �'� ���� � �9 28-0129 November 26, 2002 APPLICATION REQUIREMENTS 1 PLANS & SPECIFICATIONS is a one -bedroom NS IN PAMPLET. The times m hCATI The amount L vehicles hours of o daily. The shouse. Aeration would would 24 apartment approximate) exists. u. The accessing the hours Y 60e s special use property wo ps be , as it 2 quare feet. permit is to make the about 1 The water exists in the upstairs in to an place, targe enough building, the useage to accommodate a one -bedroom would be aboute 3 ne-bedroom a 50 gallons a day & the The maps are in the apartment. Septic is in pamphlet. The road already 4 The vicinity exists, map is in the pamphlet. 5 The adjacent cent property owner's list is in the 6 A copy of the deed is in the pamphlet. pamphlet. 7 Impact statementProperty owner acknowledgement is in the less then 40% slopes. pamphlet. 4) water information approximately � 1 acres motion in 2) the gross floor s & the lot has prose pamphlet. 5)pace is about 600 s.f more then 2 acres with county property Id n codeng the existing building, sewer er system exsists 6) 3) not applicable g code. all the construction the owner of the will COmpIY with the JOHN GROTH rr i�S��s�i1 r►!E►�4 1► dr i rte; . 4 P 20'-0° 1/ cs- • SCOt ;.:_ urtiyn ;:nf Y�- aoe lSON/Z/..S 0OOMN3791 3S I1/ £9S9 Mel .OZ PARCEL Al • f ?ii, mots MIDIT A to .:tired from Donald A. Hutchison to Don L. Seaton and Nanette L. Seaton. Joint Tenants. A parcel of :rend situated in the er,L'+"1r of Section 3, To.tship 7 south, :merge 09 Neat of the Sixth Principal Meridian. lying Easterly of time illeatetly line of said! Section 3 and t4Mterly of the center of Four Mile Creek, said parcel of land is deerlbed as follows: spinning at a point ion the Westerly line of said Section 3, ':hence the Section Carney canton to Sections 3,4,9 and 10 in Mid Tcsrnnhip and Ranee bears: 3. 41.•01'32' C. 1500.67 feet; thence East 935.70 feet to a point in the center of said Creek, thence S. 17624'43' N. 53.73 feet mime the center of Mid Creek,-' thence S. 14.55.37• C. 93.36 feet along the center Of said Creek, thence 9, 32"10'37. U. 93.14 feet along the center of said Creek,::-• thence S. O1°34`29• H. 33.60 feet along the center of Mid Creek,'. thence N, S9°30'00' 11. 260.65 feet; thence :S. 00°30'006 W. 152.00 feet; -.thence R. 69030400" M. 6O4.55 feet to ® point on the Westerly line of said Section 3; thence 1i. 01.01'32" 14. 190.24 feet along the Westerly line of said Section 3 to the, point of t'.inning. • PARCEL 1S: A parcel of land situated in the 1Oe9114 and in the EF3tt6 of Section 3, Township 7 South, dangle O9 forst of the Sixth ' Principal Meridian, lying Westerly of the Westerly right of line of the Four 1411e Creek CtrAnty Road) and Southerly of the Southerly line of the Clielyn Acres wiibdivision as platted, said parcel of land is described an tollcnne ilegi.nning et a point. ~diener the Section Corner co on to Sections 3.4,9 and 10 in said Township and flan' a trt'nrai U. 09.30'00" If, - 604.95 feet, and S. 01.01'32' E. 1590.63 feet; thence B. 00630'00" E. 152.00 feet; thence S. 69°30'00" E. 200.65 feet to a point in the tenter of Fors:`. Mile Creek; thence N. n1634'29" E. 33.641 fret along +'.l;r center of said Creek/ . thence R. 326133'376 E. 93.14 Ifert along t a• csnter of mild Creek, ; thence N. 14655'37" U. 91.36 feet alum, rL,'%g emitter ori• said Ciampi,[. thence N. 17.24'43' E. 53.79 feet diene the center of said Creek, :: thence Lint 90.60 feet along the Southerly line peMid Chelyn Acres Slufidivielon; thence A. 31°40'40" E. :16.73 Peet; thence N. 47.00.54" E. 01.71 feet along Lice center of said Creek,'''• thence N. 13615'14' 14. 52.97 feet alone the center of said Crooks: thence 11. 37621'26" E. 42.09 feet aleng the canter of Mid Creeks >. thence S. 04.43'06" E. 116.64 feet; thence 110.04 Leet along the arc of a curve to the loft, having, a radius of 173.50 feet, the churl el which Mears N. 01037'02 E. 100.21 feet; thence 254.50 feet along the arc of a curve to the left, having a radius of 330.00 feet, the chord of se}iich bears N. 4102112 6. 740.24 feet to a point on the Westerly ri.rht of Way line of said County Road: thence S. 114039.50' 10. 16.10 feet iu1c q the beoterly right of war line of said County (Road; tht.,.:e S. 31.09'12' W. 4-65.29 feet elene the Westerly right of My ` line of scud County ;road; thence 259.00 feet slang the arc al a curve to the left, having a„ radius of 0141.60 feet, the chord of which bears 9. 27.03'41' N. • - 250,71 Leet; 'thence S. 12650'10" M. 137.24 feet a1'3nq the Westerly right of My, line of said County 'Road; thence M. S2.56'S7' M. 3:B.94 feet; thence N. 09.30'00' N. 1BO,00 feet to ,u pont of beginning. 'COUNTY OF GARFIFSD STMt OF COLORADO GROM COX 4264117 RD. GLENWOOD SPRINGS CO. 945-6427 FAX 928-0129 November 26, 2002 LAND OWNERS WITH IN 200 FEET OF PROPERTY 1 SUNLIGHT VIEW II 4124117 ROAD GLENWOOD SPRINGS CO. 81601 2 WILLIAM & NANCY FLOOD P.O. BOX 7397 SHONTO AZ. 86054 3 ANGELE & MICHAEL SIMSON 1108 WESTLOOK DRIVE GLENWOOD SPRINGS CO. 81601 4 KENNETH & KATHY P.O. BOX 1166 GLENWOOD SPRINGS CO. 81601 5 JOHN GROTH 4264 117 RD GLENWOOD SPRINGS CO. 81601 . rf %'1'A 4&4A'1Y li4:il:0 DON H. HU CHISOA aha CD>NALD H. nultuIS*N taMt.r, adhhaw. 'C,xmit of Mesa . Stand Colorado i.x 6erst t4Cnehm,d tUXTY rive THOUSAND AHD 40.'100 DOLMAS (S65,000.00) ,y;'n`}ey of hand row. mot?**cot a ati.nmtc.m.nu, Pohl t. SEATON AND NANETTE L. SENIOR* 'JOINT SAMS oboYe tt!•ai ml,lte•- o C/O Sea Wake ReSortS, 625e South Gali`viete. Blvd., Clearwater Desch <.tnmt ,e Pinellas .4M%nud Florida t.7•9 ram Inanfatalles the 1144,nmy rt•al penretit .n the Cohu.da. to NH Untitgl See Exhibit A attached hereto and Parcel 13 conveyed by Grantor Garfield for a description of Parcel A to the Grantees. Glut two ht 4rnt and numhcn a NONE ASSIGNED wuh all IN appwtenaxr'and uartattl.v 4t title of the % me. +uhlal of 1987 real property taxes and spacial assessments, if any, due and payable in 1988; easements, restrictions, regprvations and rights of way visible or of record; coil and gas lease at Book 204 Page 40; mineral reservations of record. S.gncd Out _gag. 44 of July tiTnn Ut (V tliN1AUtA Count. of MESA . Iv E17 ad dd The Lm going mtn n,wnt eat aimmtalc d hchm ntc ht MESA . Natextl Don H. Hutchison aka Donald H. d` .9 COIAEADO t4 July . 1u 87 . by DO U. MV conte .int-CSptfet /9-•2•••97 • WittuNQn% hand .4PCul xm too* wndvi•n= 4•.' Hutchison Th Cary 9* !i uutaitsou. aka CONALD H. NUTCIiI ll ..4w 443 14. Sixth, Errand Junction, CO et07, /50,0). q//(0)_ GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT Permit N: 37 4 1 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Phone (303) 945-8212 •. -INDIVIDUAL SEWAGE DISPOSAL PERMIT PROPERTY Owner's Name System Location Assessor's Parcel No. This does not constitute a building or use permit. C‘OIM_hJ Present Address 4 (61 C f r-1 C • -5 • Phone C/01.3' 4;10Cj .051 .� 5 G s . Legal Description of Assessor's Parcel No. SYSTEM DESIGN 73 Septic Tank Capacity (gallon) Other ;395a33 0003Oogc) 4gJ Percolation Rate (minutes/inch) Required Absorption Area - See Attached Special Setback Requirements: Date 9%�� 74a - Inspector Number of Bedrooms (or other) .5l-7 3-q 2,10 FINAL SYSTEM INSPECTION AND APPROVAL (as installed) Call for Inspection (24 hours notice) Before Covering Installation System, Installer G ICb Septic Tank Capacity f 100 1 Septic Tank Manufacturer or Trade Name p.(3Vf�1: 1„n J-4 1 i oc13 i144, _ 1141 or- j `'J 10 c. l 2 ( Septic Tank Access within 8” of surface L 72A' Absorption Area LI l Al ("1\ 1 ) `a Absorption Area Type and/or Manufacturer or Trade Name Adequate compliance with County and State regulations/requirements � �} ' ,�`-L Other �W�i .`ti�,ii �'t'� tai --C' ''v � %/Vi - Date 1 b— Inspector kkijetd, 144...(4 RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE *CONDITIONS: 1. All installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter 25, Article 10 C.R.S. 1973, Revised 1984. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con- nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation or a requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class I, Petty Offense ($500.00 fine — 6 months in jail or both). White - APPLICANT Yellow - DEPARTMENT INDIVIDUAL SEWAGE DISPOSAL SYSTEM Ai 2LICATION 6/757 (17 &I 6- lrl, S Cry, PHONE f OR C ra4 NI, 5 (I%r p7 12d 6-6),5'. Cao PHONE f S - / z 7 NIT REQUEST FOR "NEW INSTALLATION ( ) ALTERATION ( ) REPAIR ,.ttach separate sheets or report showing entire area with respect to surrounding areas, topography ofarea, habitable building, location of potable water wells, soil percolation test holes, soil profiles in test holes (See page 4). LOCATION OF PROPOSED FACILITY: �3 , �– 03,20,1/444: Near what City of Town a, L1z, , 6, Size of Lot 4 tr Legal Description or Address 4151 C- ..I S'1 G , £ ' WASTES TYPE: DWELLING ( ) TRANSIENT USE ( ) COMMERCIAL OR INDUSTRIAL ( ) NON-DOMESTIC WASTES ( ) OTHER - DESCRIBE G` BUILDING OR SERVICE TYPE: / / Y 0- =-Leeff /? -, c c ' y Number of Bedrooms r Number of PersSns 2— ( ) Garbage Grinder Automatic Washer Dishwasher SOURCE AND TYPE OF WATER SUPPLY: ( WELL ( ) SPRING ( ) STREAM OR CREEK If supplied by Community Water, give name of supplier: DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: 1/ hi, /A- s Was an effort made to connect to the Community System? AJ A site plan is required to be submitted that indicates the following MINIMUM distances: Leach Field to Well: 100 feet Septic Tank to Well: 50 feet Leach Field to Irrigation Ditches, Stream or Water Course: 50 feet Septic System to Property Lines: (septic tank &leach field )10 feet YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITHOUT A SITE PLAN. GROUND CONDITIONS: Depth to first Ground Water Table ? Percent Ground Slope ',/g2 2 WEST DIVIDE WATER CONSERVANCY DISTRICT 124 WEST THIRD STREET P. 0. BOX 1478 RIFLE, COLORADO 81650-1478 TELEPHONE AND FAX: (970) 625.5461 E-MAIL: wdwcd@rifle.net January 24, 2003 Don L. and Nanette eaton 4151 County Roa Glenwood Sp:. gs, CO 81601 Dear and Mrs. Seaton: Enclosed is your approved contract # FM030123DNS(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 augmentation water from a number of sources. Federal policy relating to endangered species, environmental concerns, and forces of nature are always such that no source of water can be guaranteed during any season or from year to year. West Divide continues to make good -faith efforts to obtain alternative long-term supplies in an effort to make reliable and predictable the water supply anticipated by your contract with us. For most years, we expect to be successful in this effort. 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 your further use of your well. Sincerely yours, Janet Maddock Enclosure cc Division No. 5 Water Resources w/enclosure Derry D. Sundeen, Hydrologist w/enclosure !/John Groth, w/enclosure Samuel S. Potter, President Kelly Couey, Vice President Robert J. Zanelia , Secretary LaVerne Starbuck, Treasurer Bruce E. Wampier, Director ReWed Much 1001 APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT Contract #FM030123DNS(a) Map ID FM27 Date Activated 1/23/03 1. APPLICANT INFORMATION Name: Veh L. ST,.0.-40tti 4- kick n e11'e L. Mailing address: 44/ s/ 117 is a CIcnu.5ec''d �,gr:rtc).S ,CO 81t,'a% Telephone: a a- Si O fl Authorized agent: 7"04.4 X•ra-11,- c 4 5- ke 4 dr, 5. LOCATION OF STRUCTURE [(ranine/ A'!d Of Seaten Colulty Quarter/quarter 2 7 < ft 4 l Section Township Renee' t7 2 r Fr', <aeal. Sew -l-/ Distance of well film section lines 2. WATER COURT CASE # 3. USE OF WATER )rQ RESIDENTIAL (check applicable boxes) la Ordinary household use Number of dwellings: .2 0 Subdivision: No. constructed units:_ No. vacant lots: KHome garden/lawn irrigation of o0 o sq. ft. . Method of irrigation: 0 flood $ ler 0 drip 0 other 0 Non-commercial animal watering of 1 animals r 0 Fire Protection Well Sharing Agreement for multiple owner wells must be submitted 0 COMMERCIAL (check applicable boxes) Number of units: Total sq. R of commercial units: Description of use: 0 INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: ❑ MUNICIPAL Description of use: 4. SOURCE OF WATER Structure: I ✓� Il Structure Name: 5•sre Source: °Surface °Storage blOround water Current Permit 11 1731 41 (if applicable) 0 Direct Pumping: Tributary Location: �tavq Quota 6°A Principal Meridian W es< 4 Elevation: i. 700 r Well location address: /</ /t 7 RA 4.4=s (Attach additional pages for muhtple structures) 6. LAND ON WHICH WATER WILL BE USED ((Lceeggal description may be provided as an attachment) W la S►.h.11y s 3 r-ls K.g9 W Wh?.M. C--,cxr•klech cuhi14Cnlorncio Number of acres in tract / R inclusion into the District, at Applicant's expense, may be required 7. TYPE OF SEWAGE SYSTEM '4(Septic tank/absorption leach field [(Central system °Otter District name: & VOLUME OF LEASED WATER NEEDED IN ACRE FEET: tyke /ria ( (minimum of 1 acre foot) Leased amount based on diversions unless contractee has an augmentation plan or submits supporting monthly engineering data Commercial, municipal, and indusfial users must provide diversion and consumptive data on a monthly basis A totalizing flow meter with remote readout is required to be installed and usage reported to West Divide. Applicant expressly acknowledges it Has had the opportunity to review the District'sfonn Water Allotment Contract and agrees this application is made pursuant and subject to the tenns and conditions contain e 1 therein. Applicant Signature Applit Signature Application Date: % -(2- 03 1- 0 )- z0) >1-- d'co ▪ F¢ ZW O (• W w• ed 0 0 Q• ?�?0 W 3 N rr ("7 W ❑ W F Y 0 z a UO W co m ? ¢ j 0 ua ¢ • (OI W ¢ . W Z O J 41OWpW a <Z W z a c re ▪ e J 00 F - z 0 J a a 0.98 acre feet Contract Amount w/ 5% transit Loss = r (j LL fl O N r0MrO r r 0rr(0 O O O O r r N r r O p OI G O O O C O 0 0 0 0 0 0 O O O O N N[ /) N N° O O 000000000000.- O 0 Total Diversion (AF) Livestock Irrigation Diversion & C.U.(AF) C.U.(AF) 000000000000 0000000000000 6666666666666 0 O O O N r O M O 0 0 o66666666600 0 0 0 0 r N N r r 0 0 000 N UO N M W M M 0p 01r 0000000000000 0 0 0 0 0 0 0 0 0 0 0 0 66666666666 pp01 (8v1(0(0(Om (O(0 (0(08 0 0 0 0 0 0 0 0 o 66666666666616 PO O) o O o M Irrigation Diversion (AF) In House C.U.(AF) In House Diversion (AF) O a6ONflcONO Ed M W N 1 p i p t il (Opp 0000000 V JNwwr nJ'tr(0 (OwO OMMO 6666666 0 0 0 0 0 0 0 0 0 0 0 0 `0000000000 0000000000000 W 0 r co N 0 M 0 w O Irrigation Diversion (ft) In House C.U. per Unit (AF) In ouse Diversion per Unit (AF) .0)(0010000000 W mw N N N N N N N N N N N N 00000000000 O aro C r J zWaarz_OaF>0< ¢w<a¢>>DWozo0 00 N o , c N 0 a ,aa acicE -18 gE cE c c E. Cb) 0 0 'W + + m m v Wrnm c c rEE pp.m U U • . RierirCe E Zoe E - E E O 41500 ' 0 • -j a m S Eon r m' a =warn a y ! 3 y y 2 m y c E t $ K sftt o y t 2 E 0•E a� c' 'c 10t •0 - = • 6gry U c c N UW T 0 O� C p> > 0) r m 0 0 '-NMVUO (0 Water Use Estimates.xls ‘avvo-co vvt.vrvrw ufv Wrvry yr vven 1 cn nc.�vurst,.ca 818 Centennial Bldg., 1313 Sherman St, Danver, Colorado 80203 (303) 866.3581 APPUCANT uc WELL PERMIT NUMBER 1'73988 DIV. 5 CNTY. 23 WD 38 DES. BASIN MD tat: Book: Flung: Suhd w DON L SEATON % LAWRENCE R GREEN P O DRAWER 790 GLENWOOD SPGS CO 81602 ( 303)945.6546 PERMIT TO CONSTRUCT A WELL APPROVED WELLLOCATION GARFIELD COUNTY NW 1/4 SW 1/4 Section 3 Twp 7 S RANGE 89 W 6th P.M. DISTANCES FROM SECTION UNES 1325 Ft. from South Section Line 800 Ft. from West Section Une 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 kijury to existing water rights. The issuance of the permit does not assure the applicant that no filthy 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 and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water well Constriction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3)(b)(11)(A) as the only well on a residential site of 7.4 acres described as that portion of the W 1/2 of the SW 1/4 of Sec. 3, Twp. 7 South, ling. 89 West of the 6th i3.M., Garfield County, being more particularly described on the attached exhibit' W. 4) The use of ground water from this welt is limited to ordinary household purposes inside a single family dwelling. The ground water shall not be used for irrigation or other purposes. 5) The maximum pumping rate shall not exceed 16 GPM. 6) 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 retumed to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from tile Location specified on this petmlt. Sb Kral -93 APPROVED JD2 DIVISION COP: State Esme« DATE ISSUED OCT 2 5 1993 ,. BY EXPIRATION DATE OCT 2 5 1995 Receipt No. 0359243 4^ Pp. oct,. r maws *4 Ass, tie MN 3NR LSV3 3LIINIX0Midte `-wetric- -tea (tee c -Zai km 40- 4.9 ..at--seez a 143 a vs ta a 47043 .00791 A .00.01:00 S REVISED August 2001 Name of Applicant: Contract #FM030123DNS(a) Map ID FM27 Date Activated 1/23/03 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT 10,, .ee s e, i . Seo`*o r1 Quantity of Wates in Acre Feet: Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pu suanttoandexisting by virtueofC.R.S. I973, §37-45-101, et sect, (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or haeafler acquired by the District By execution ofthis Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicantshall own water rights at the point ofdiversion herein lawfully entitling Applicant to divert water, which will be supplemented 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 from the Colorado Division of Water Resources. 2. Quaint WaterappliedliorbytheApplicantintheamamtsetfonhaboveshallbedivettedatApplicant'spointof diversion from theDistricfsdirectflowwaterrights, andwhen waterisunavailable fordiversion pursuant toadministration bytheColorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use ofApplicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted frau direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority ofthe Districts decrees andby the physical and legal availability ofwater frau District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent ofthe Colorado River Water Conservaion District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount ofwater allotted under this Contract shall be reduced permanently in accordance with such notice. Rats shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available forcommercial as that term is defined on Page 5 of Contract No. 2-07-70-WO547betweentheUnited States andthe West Divide WaterConservancyDistrict). Applicants beneficial use ofany and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicants control. 4. Decrees and Deliverv: Exchange releases made by the District out ofstoragefrom Ruedi Reservoir, Green Mountain Reservoir, AlsburyReseiwir, or other works or facilities ofthe District, orfiomotersowvesavailabletotheDistrict,shallbedeliveredtothe Applicant at the outlet works of said storage facilites or at the decreed point ofdiaersion for said other sources, and release or delivery of water 1 at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject tothecantracts, laws, rules, and regulations governingreleases therefrom. Furthermore, the District hereby expressly reserves the right to stere water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water servicetothe Applicant pursuanttothis agreement, is not impaired by said action. Any quantity ofthe Applicant's animation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion oftheDistrict's applicablewater right, and neither the District, northose entitled to utilize the District's decrees, may call on any grater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources 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. Water service provided by the District for p.opr,,ties located within the Bluestone and Silt Water 'Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Rxorder's Office. The Jntergovenunental Memorandum of Understanding between the District and the Bluestone Water Conservancy District dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Cleric and Recorder's Office. 5. Alternate Point ofDiveasionand Plan ofAuar tim: Decrees for altematepointsofdiversionoftheDistricfswater rights or storage water 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 reserves the fight to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or nor ry to save Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible far the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicants intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of watt allotted under this Contract lnthe event the Applicant intends to apply for an alternate point ofdiversion and 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 its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amamt underParagraph 19 below. In any evert, 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 all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment Non-refimdable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District 2 Annual payment for the water service described herein shall be determined by the Board ofDirectors ofthe District. The initial annual payment shalt be made in full, within thirty (30) days after the date ofnotice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, ofd ewaterdeliveryyeartowhichthe initial payment shall apply and the price which is applicable to that year. Annual payments Ibr each year thereafter shall be due and payable by the Applicant on or before each January 1. Ilan annual payment is not made byte due date a flat$SO late fee will 1* asn'4 Final. written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. Ifpayment is not made within fifteen (15)days after the date ofsaid written notice, Applicant shall atDistrictssoleoptionhave no further right, title or interest raider this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Dimness of the District. Upon cancellation ofthis water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Dawe and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Anyassigoment of Applicant's rights under this Contract shall be subject to, and must comply with,suchrequi ementsastheDistrictmayhereafteradoptregardingassignmentof Contract rights andthe assumption of Contract obligations by assignees and successors. Noting heeinshall prevent successors toaportion ofApplicant's property nom applying tothe District for individual and separate allotment Contracts. No assignment shall be recognized by the District exceptupon � completion and Sling ofproper ;firms for assignment and change of ownership. In the event the water allotted pursuant to this Contract- is to ix used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to 1) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district orother special district properly organized and existing underthe laws ofthe State ofColorado, and then, only ifsuch parties, association or special district establishes tothesatisfaction oftheDistrict that it has theabilityand authoritytoperform theApplicant's obligations under this Contract In no event shall the owner ofa portion, but less than all, ofthe Applicants property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to awell sharing agreement orthrough ahomeowners association orspecial district as provided above. Upon thesale ofthereal propertytowhichthis Contract pertains, Applicant shall make buyerawareofthis Contract proper forms for assignment and change ofownership must be completed. 3 9. Other Rules: Applicant shall be bound by the provisions ofthe Water Conservancy Act ofCotorado; bythe rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation andMaintenanceAereement Applicantshall enter intoan °Operation and MaintenanceAgreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension ofDistrict delivery services and foradditional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant 11. Change of Use: The District reserves the exclusive 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 ofthe water or water rights allotted hereunder without the prior written approval of the District shall be dammed to be a material breach of this Contract. 12. Use andPlace ofUse: Applicant agrees tousethe water inthemanner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon oranylease orsale ofthe water or water rights herein, other than as permitted inparagraph 8 above, shall be deemed to be a material breach ofthis agreement. 13. Title: It is understoodandagreedthatnothinghereinshallbeinterpretedtogivetheApplicantanyequitableorlegal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agreestobebound byanyconservationplan adopted hereaftabytheDistrict %r use ofDistrict owned orcontrolled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (on the formula ofone acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering ofdomestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall alsocomply with all restrictions and limitations set forth intbswell pemrit obtained frau the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amort ofwater provided by this Contract Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Permit If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well pcnnit before District is obligated to deliver any water hetomder. 4 17. Measuring Device orMeter. Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicanfs water right and the tenns ofthis Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant admowledges that failure to comply with this paragraph could result in legal action to terninate Applicant's diversion ofwater by the State ofColorado Division ofWater Resources.Bysigning this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use ofwater. 18. Representations: Byexectatingthis Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice hem Applicant's own sources other than theDistrict. Applicant fhrtheradmowledgcs thattheDistrict makes no guarantees, warranties, or assurances whatsoever about the quantityor quality ofwater available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refemd from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a prorata share ofthe total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because ofobjeotion filed specifically due to the inclusion ofAppligant's Contract in the filing, such additional casts may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the fort entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the Districes engineer. Said attachments shall bythisreferencetheretobeincceporated intotheterrmsofthis agreemmt. All correspondence from the District to Applicant referring to or relating to this agreement is by this rekence incorporated into this agreement as further terms and conditions of this agrement. 21. Warning: IT IS THE SOLE RESPONSIBII.ITYOFTHE APPLICANT 10OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT 15 THE CONTINUING DUTY OF THE APPLICANT 10 MAINTAIN THE VALIDITY OF THE WEU. PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIALUSE,OROTHERWISE LAWFULLYAPPLYINGTHEWATERTOBENEFICIALUSEONAREGULARBASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANTS WELL OR OTHER WATER RIGHT THAT IS THE Sumer OF THIS CONTRACT 13 LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANTFROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY WE DISTRICT. IF THIS IS A CONCERN TO 5 APPLICANT THIS CONTRACT MAY BE RESCINDED UPON WRITIEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT W ITHIN THENEXT 30 DAYS FOLLO W ING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN W H[CH EV ENT ALL SUMS PAID BY APPLICAN'\FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Applicant STATE OF COUNTY OF 20 (nj ; , by STATE OF COUNTY OF 20 )ss. Ll cldf ) Applicant The foregoing instrument was admowledged before me on this // a—estrer { kS5er\ L 3ecAbn oM i'xne Witness my hand and official seat. My oarnmission expires: day of 7w ay Conunssionres;' ON5/20Q6 )ss. The foregoing instrument was acknowledged before me on this by Witness my hand and official seal. My commission expires: day of Notary Public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, itis hereby ORDERED that said Application be granted and *is Contract shall be and is accepted by the District. WEST DIVIDE WA _ NSERVANCY CT 7, /'jE%Gtr i By President z 37tm Date This Contract includes and is subject to the terms and conditions ofthe following documents which must accompany this Contract I. Map showing location of point of diversion (use map provided) 2. Application and Data Fann fully completed and signed 6 Revised March 2001 APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT Art ro.ct 1. APPLICANT INFORMATION Name: fYe h S' 1 -4o h Mailing address: 4/ , S'/ / 17 Rd Telephone: cz, Q`OZC8 Authorized agent: 2. WATER COURT CASE # 3. USE OF WATER g RESIDENTIAL (check applicable boxes) 141 Ordinary household use Number of dwellings: a. ❑ Subdivision: No. constructed units:_ No. vacant lots:_ li'Home garden/lawn irrigation of 1 )J' or 0 sq. ft. Method of irrigation: ❑ flood I9 sprinkler 0 drip ❑ other ❑ Non-commercial animal watering of 3 animals ❑ Fire Protection Well Sharing Agreement for multiple owner wells must be submitted ❑ COMMERCIAL (check applicable boxes) Number of units: Total sq. ft. of commercial units: Description of use: ❑ INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: ❑ MUNICIPAL Description of use: 4. SOURCE OF WATER Structure: Structure Name: .5'e,t (,✓r I Source: ❑Surface ❑Storage DiGround water Current Permit # I 73 1 q 8 (if applicable) 0 Direct Pumping: Tributary: Location: 5. LOCATION OF STRUCTURE C,Q.rkrIGI MW V/ County Quarter/quarter 3 7S fit w s c✓ Quarter Section Township Range Principal Meridian 1.12.5-- F?. Soca.t11. RDa 4-1. We J Distance of well from section lines Elevation: a Well location address: qh, j 117 RI 4.0A5. (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an attachment.) ` -V/.S-1 117 Rd it%Ystr�ri�n� 1, kC� Co Number of acres in tract: jg. Inclusion into the District, at Applicant's expense, may be required. 7. TYPE OF SEWAGE SYSTEM IX Septic tank/absorption leach field ❑Central system [Other District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: /No, 1 (minimum of 1 acre foot) Leased amount based on diversions unless contractee has an augmentation plan or submits supporting monthly engineering data. Commercial, municipal, and industrial users must provide diversion and consumptive data on a monthly basis. A totalizing flow meter with remote readout is required to be installed and usage reported to West Divide. Applicant expressly acknowledges it has had the opportunity to review the District's form Water Allotment Contract and agrees this application is made pursuant and subject to the terms and conditions contained therein. Applicant Signature Applicant Signature Application Date: REVISED August 2001 Name of Applicant: WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT CO Al gea-Ha n. Quantity of Water in Acre Feet: Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-101, et seq., (hereinafter referred to as the 'District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point ofdiversion herein Iawflully entitling Applicant to divert water, which will be supplemented 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 from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, 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 District shall release for the use of Applicant up to said quantity in acre feet per year of storage 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 District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use ofany and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by theDistrict out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water 1 at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. 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 Division of Water Resources 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. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. AltematePoint ofDiversionand Plan ofAugmentation: Decrees for alternate points ofdiversion ofthe District's water rights or storage water 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 reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water 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. In the event the Applicant intends to apply for an alternate point of diversion and 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 its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 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 all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. 2 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 thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, 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 thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. Ifpayment is not made within fifteen (15) days after the date ofsaid written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify 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 Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment ofwater rights hereunder, including, but not limited to, reimbursement 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. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as theDistrict may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion ofApplicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing underthe laws ofthe State ofColorado, and then, onlyifsuch parties, association or special district establishes to the satisfaction ofthe District that it has the ability and authorityto perform 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 pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale ofthe real propertytowhich this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 3 9. Other Rules: Applicant shall be bound by the provisions ofthe Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery 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. 11. Change of Use: The District reserves the exclusive 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 hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and PlaceofUse: 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 is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale ofthe water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter bythe District foruse ofDistrict owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall alsocomplywith all restrictions and limitations set forth in thewell permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Permit If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 4 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, ameasuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion ofwater by the State of Colorado Division ofWater Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING 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 WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANTS WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO 5 1* IC a a 4fr a* P NO11035 vt ►/i MN 3141171Sn 3/Vn/X&YobV de• sac tr 4 :a jrm h x O a o h tSto 'o .00 7'9! it , 00 0 0 b w APPLICANT vara. v.vv v.•avow • v. ••flr tat rp..VVVI laws) 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 8683581 LIC WELL PERMIT NUMBER 173988 - DIV. 5 CND/. 23 WD 38 DES. BASIN MD Lot: Stook: Filing: 8ubdlv: DON L SEATON % LAWRENCE R GREEN P 0 DRAWER 790 GLENWOOD SPGS CO 81602 ( 303)945.6546 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 SW 1/4 Section 3 Twp 7 S RANGE 89 W 6th P.M. DISTANCES FROM SECTION LINES 1325 Ft. from South Section Line 800 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS 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 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 cell court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Wgll Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92.602(3)(b)(II)(A) as the only well on a residential site of 7.4 acres described as that portion of the W 1/2 of the SW 1/4 of Sec. 3, Twp. 7 South, Rng. 89 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit 'A". 4) The use of ground water from this well Is limited to ordinary household purposes inside a single family dwelling. The ground water shall not be used for Irrigation or other purposes. 5) The maximum pumping rate shall not exceed 15 GPM. 6) 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. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. �D /6-37-,3 DIVISION COs Y APPROVED dn State Engineer Receipt No. 0359243 DATE ISSUED OCT 25 1993 Sy EXPIRATION DATE OCT 25 1995 WEST DIVIDE WATER CONSERVANCY DISTRICT 109 WEST FOURTH STREET P. O. BOX 1478 RIFLE, COLORADO 81650-1478 TELEPHONE AND FAX: (970) 625-5461 wdwcd©rifle.net ec ember 5, a.©0a_ Dear Applicant: Enclosed please find DUPLICATE copies of Application, Contract, and Map. Fill out all forms and mark the location of your well on the map and have your signature notarized. If you wish to bring the forms to the office I can notarize for you. Return ALL to me for review by the Board of Directors, attorney and engineer. APPLICATION, CONTRACT, AND MAP MUST BE SUBMI 111,D IN DUPLICATE ORIGINAL. The deadline for application submission for the 3o.n.ukcirLA Board of Directors meeting is 3an\kcs ry 1 (2 - at noon. I have enclosed a fee schedule. Please enclose payment. If you have any questions do not hesitate to call me. Sincerely yours, me fliftekckei©OLJ et Maddock Enclosures Samuel B. Potter, President Kelly Couey, Vice President Robert J. Zanella, Secretary LaVerne Starbuck, Treasurer, Bruce E. Wampler, Director Form No. OFFICE OF THE kTE ENGINEER . GWS=as COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 APPLICANT LIC WELL PERMIT NUMBER 193988 DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Slack; Filing: Subdiv: DON L SEATON % LAWRENCE R GREEN P 0 DRAWER 790 GLENWOOD SPGS CO 81602 ( 303)945-6546 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 SW 114 Section 3 Twp 7 S RANGE 89 W 6th P.M. DISTANCES FROM SECTION LINES 1325 Ft. from South Section Line 800 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT COND117ONS 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. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation 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 17. 3) Approved pursuant to CRS 37-92.602(3)(b)(II)(A) as the only well on a residential site of 7.4 acres described as that portion of the W 1/2 of the SW 1/4 of Sec. 3, Twp. 7 South, Rng. 89 West of the 6th {'.M., Garfield County, being more particularly described on the attached exhibk'A'. 4) The use of ground water from this well is limited to ordinary household purposes Inside a single family dwelling. The ground water shall not be used for irrigation or other purposes. 5) The maximum pumping rate shall not exceed 15 GPM. 6) 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. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. »1) )b -;?-- DIVISION cO �R APPROVED JD2 State Engineer Receipt No. 0359243 DATE ISSUED OCT 2 5 1993 1) By EXPIRATION DATE OCT 2 5 1995 APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICHEVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Applicant Applicant STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on this day of 20 ,by Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me on this 20 , by Witness my hand and official seal. My commission expires: day of Notary Public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District. WESTDIVIDE WATER CONSERVANCY DISTRICT By President ATTEST: Secretary Date This Contract includes and is subject to the teens and conditions of the following documents which must accompany this Contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 6 2003 WATER ALLOTMENT CONTRACT RATES WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street P. O. Dox 1478 Rifle, Colorado 81650-1478 Telephone and Fax (970) 625-5461 wdwcd@rifle.net FEES: Administration Fee ( non-refundable application fee) Administration Fee for Complex or Incomplete Applications Requiring Additional District Services 500.00 Amend Contract 110.00 Assignment of Contract 110.00 Division and Assignment of Contract (per resulting contract) 110.00 Annexation Fee for 3 Lots or less (plus publication costs) 150.00 Annexation Fee for more than 3 Lots (plus publication costs) Recording Fee Augmentation Plan Assessment (per contract acre foot) $250.00 WATER COSTS; Minimum of one acre foot per contract. Domestic Water Plus the following for subdivisions Per Vacant Lot 5.00 Per Unit Constructed 25.00 Commercial 155.00 Direct Hauling (total diversion per acre foot) 450.00 Fourmile contract surcharge additional, per acre of 50.00 (This surcharge is due to the high costs of the Fourmile operation) Contracts outside the WDWCD boundary additional, per acre foot 25.00 (This surcharge is in lieu of taxes, or contractee may annex into the District) Atsbury Reservoir Domestic Water 1 single family residence, irrigation of 6000 sq. ft., watering of 5 livestock, annual diversion not to exceed .75 acre foot and .4 acre foot consumptive . 295.00 GENERAL PROVISIONS: Administration fee: Applies to new contracts and also to reinstatement of cancelled contracts by reason of non-payment or other withdrawal procedure. Proration: There is no proration of fees or water costs for partial year contracts or for non-use during the year: