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Home My WebLink About1.0 ApplicationI " GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 109 8th Streel Suite 303 ' Glenwood Sprlng1, Colorado''81601 Phone (303) 945.a:m INDIVIDUAL SEWAGE DISPOSAL PERMIT PROPERTY Permit ")~ ~ 5 6 A11ea10~'.• Parcel No. ,, "• ., This does not constitute a building or use permit. ' , v. owner'a Name Viv'ian & Carmant Crone Present Address 742 Grand Ave .. Gr, Jct, Phone ;J245-6117 System Locallon _______ ~0~7~5~8_C~o~u=n=t~y~R=o=a=d_2=9~6~,~R=i=f=l=e-----------'------- Legal Description of Assessor's Parcel No. ---c:.---:;.-.,---=cc-:;::--,----;:-;:=.----------~---,----~ l'\.O e<~ l-E/\.Cl-f -c.c:o -7' ''?ol\ SYSTEM DESIGN r:lC/=UMlt.$ 'l.'l.. 11 Ci11o.M 0C:rt GCO '• ~ f,fC(IS/ Ir I< 1-S' It tr TILCr.•Cf'-EJ ((A} __.,,, ~ '• ,, (rfl'T") I' ,, ,, II G) -r 3 l(S-/Sl Septic Tank Capacity (gallon) ______ .Other \ '+ 2 <J'o Ill' t ~w 2 I -3 0 • Percolation Rate {minutes/inch) Number or Bedrooms (or other) ----- Required Absorption Area· See Attached Special Setback Requirements: Inspector --'-A-·_Ol_~,.,,_O~-----------------"'""---- FINAL SYSTEM INSPECTION AND APPROVAL (as installed) Call for Inspection (24 hours notice) Before Covering Installation System Installer '1 ° O<X(.•Ollf' ._I (.~ Septic Tank Capac1ty_J'tz,fZti2._ ____________________ _:_ ___ ~:_:~•:_ _____ _ Septic Tank Manufacturer or Trade Name __,eo"''lf'-'41J.-P'-.tt~-----------------'~-='c.' ------- Septic Tank Access within 8" of surface ___,~~--~· -------------------"-'-------- ~ Absorption Area-"'""-~----------------------------------- ' ~ I Absorption Area Type and/or Manufactur~ or Trade Name J6t> I b e {'i;QttPCl!"i -r<.1 Cl£,. -;e~1Tl*.:5 Adequate compliance with County and State regulations/requlrements_,g<;:~-c;>~----------------- Olher ________________________________________ _ Date ttJ, ~ tfi;f • 'f1 Inspector -~-/2.....,~1~/~-------------.,c.------- RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE •CONDITIONS: 1. All lnstall•tlon must comply with all requirement& of the Colorado State Board or Health lndividuel Sewage Dlt:posal Systems Chapter 25, Article to C.R.S. t973, Revised 1984. 2. This permit la valid only for connection to structures which have fully cofnpJled with County zoning and bulldfng requlrerMnta. Con- nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a vlolationor a requirement of the permit and cause for both legal action end revocation or the permit. 3. Any person who constructs, alters. or Installs an lndlvlduel sewagedispoaat eystem ins manner which lnvolvef a knowing and material variation from the terms or apeciflcations ocntalned In the appllcatlon ol permit commits a Class I, Petty Offense ($5-00.00 line -8 month& In Jail or both). White -APPLICANT Yellow· DEPARTMENT ---- --- --- - - - - -- - - - - - -- - - - --- - ---- -------- ---- - ------- - - - - --- - - - - - - --- -- INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION OWNER_~~l-'-"W..!.L..u:.~~~~~~~~~~~~~~~~~~~~ ADDRESS ]L\2 ('")l)::Wd ~. CONTRACTOR KE:NTON '\'.2c...g..N Gg ADDRESS DJ 5'0 C0 %P 2,.9,\b PERMIT REQUEST FOR (~ NEW INSTALLATION PHONE ;:ilks-\el II PHONE 102 '::> -41YY ( ) ALTERATION ( ) REPAIR Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable building, location of potable water wells, soil percolation test holes, soil profiles in test holes (See page 4). LOCATION OF PROPOSED FACILITY. Near what City ofTown. _ __._R_,.'L1 :Q:i:::.i.:.e..._ ___________ _..S..,jzoS:.e.ll.ofwL"'olJ.t ______ -.--• , .. Legal Description or Address DJ%'8 <:.:bf. &i. ;;:?,9la w AS TES TYPE: M DWELLING ( ) TRANSIENT USE ( ) COMMERCIAL OR INDUSTRIAL ( ) NON-DOMESTIC WASTES ( ) OTHER-DESCRIBE _______________ ~ BUILDING OR SERVICE TYPE: ______________________ _ Number of Bedrooms _---£3.... __________ _ Number of Persons --l----- ( ) Dishwasher ( ) Garbage Grinder ~ Automatic Washer 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:_~JL-l-M-'-'\'-'-. -------- Was an effort made to connect to the Community System? _ __,N=D'-'\l""!ii"------------- A site plan js required to be submitted that indicates the following MINIMlJM 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: 10 feet YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WJI,L NOT BE ISSUED WITHOUT A SITE PLAN. GROUND CQNDITIONS: Depth to first Ground Water Table. ______________________ _ Percent Ground Slope. __________________________ ~ 2 -------~------~-----~---- . , TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED: (yy SEPTIC TANK ( ) AERATION PLANT ( ) VAULT ( ) VAULT PRIVY ( ) COMPOSTING TOILET ( ) RECYCLING, POTABLE USE ( ) PIT PRIVY ( ) INCINERATION TOILET ( ) RECYCLING, OTHER USE ( ) CHEMICAL TOILET ( ) OTHER -DESCRIBE FINAL DISPOSAL'BY: N ABSORPTION TRENCH, BED OR PIT ( ) EV APOTRANSPIRATION ( ) UNDERGROUND DISPERSAL ( ) SANDFil,TER ( ) ABOVE GROUND DISPERSAL ( ) WASTEWATER POND ( ) OTHER -DESCRIBE WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE?__.N....,__,,Q"'---.... \ ':· PERCOLATION TEST RESULTS· (To be completed by Registered Professional Engineer, if the Engineer does the Percolation Test) Minutes ____ per inch in hole No. I Minutes ______ p,er inch in hole NO. 3 Minutes per inch in hole No. 2 Minutes per inch in hole NO. _ Name, address and telephone ofRPE who made soil absorption tests: ______________ _ Name, address and telephone ofRPE responsible for design of the system: ____________ _ Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional tests and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposed of the evaluation of the application; and the issuance of the permit is subject to such tenns and conditions as deemed necessary to insure compliance with rules and regulations made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. I further understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and in legal action for perjury as provided by law. Date. __ '1_._-_,\....,Q"---g_._7_.__ ___ _ PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTY!! 3 Designate North Arrow Your Neighbor's Name & Address PCL.:., s \ \ . ;:rt-t ()g'-)S d 'j. t<:J. '.20;,., (<:;-0,e__ -· ~-~:~ \___// Your Plot -Shape to Fit (No Scale) I ;!..R\"i.l\.'"".1t;-P-' .. ·~: ~ __ l,.,.. . r'" - .... ~-':"' I \ --/----~ ~. ·~ • .. •_;;:...:.~ .,,;.,,J:'_~-···!."-':-; -+----- I --~ .,.-.,,. ~·_.\ )' \ •'.j:./t! .• :' . ' -----' " @"I-"'=~" ' Co.~".': Z.'~''- .., •:;, ~ , .. /"'.,.,.. . ·-<.:..\,~~-,/ CJ " c, ' --:I-. , __ i-' ' -, .. :-v ~-~: .\ c,.. "~ <; \,'°I ~~ ri·n~-"":,:;.,: ¥<t,.. . -'·r::,..0 '~-~ ' ...,:: .. - -,.,,,t"-'=;, ' . ·.,,.(. j \_1'.~ ... ~ .. t:.i -----··· -----------:i.=·~~".'_Ji:'.'_fil~:5·---------------·-·-- Locate well, all streams, irrigation ditchs, and any water courses. Draw m your house.- septic tank & system, detached garages, and driveway. If a change oflocation is necessary, you must submit a corrected drawing, before a Certificate of Occupation will be issued. County Ro~d (Note the Road Number and Name) ericc:~-\plot~ • Your Neighbor's Name & Address f.<a.\\ ,-. $.--o.r~'r. 3o &' o \.:co'l I~ ¥2:..C\1<.... ·- ... --~-----~ ~ ·~-~•->•. ••••• •• """""" • o•••• 505 334 6452 P.01 1;1~ @ • .'.Q~A',~ ~ ~ -A-ft.~ kj~ ~ ~ 6~ d."'-'(_ ~~*~~ MA...u _Q .... ~~ ~~ ,,j--...xl ~ 07~ c.R.. ~9~ R~ T~'Ef---. ~~~ Pb ~31..}-0 A~ Pt11 Z7'flo 1-s-as ~ 3 ~ 'f-tff $'Z.. -- -- --- - -- - - - ------- -- -- - - - ---------- - - ---- -- -- ----- -- -- ---- - - - . . TRAYLOR, ARNOLD, TOMPKINS & BLACK, P.C. Richard W. Arnold Peter A. Black Jerry B. Tompkins Robert S. Traylor Christopher B. Gaty A~ATIAW 443 North 6th Slreet Grand Junction, Colorado 81501·2731 (970) 242-2636 FAX (970) 241-3234 March 3, 1998 Garfield County Building and Sanitation Depanment 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Dear Sir or Madame: Please see attached inspection form that should be corrected. Of Counsel: Charles J. Traylor Phillip M. 'Matt" Smtth Please show the owner's name as Viola, Linda, Todd and Carmen Crone as co-owners. The address should be Carmen A. Crone, 915 Mountain View Drive, Aztec, NM 87410. CJT/bh Enclosure cc: Viola Crone Carmen Crone Very truly yours, TR?7-RNOLD, TOMPKINS & BLACK, P.C. OFFICE OF THE STATE ENGINEER Form No. GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT CARMEN A & LINDA CRONE PO BOX 1482 RIFLE, CO 81650- WELL PERMIT NUMBER __ _,,,2,,__74,,__,0"'9,,_7 _____ _ DIV. 5 WD39 DES. BASIN APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NE 1/4 Section 36 Township 5 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 2100 Ft. from North Section Line 25 Ft. from East Section Line LR UTM COORDINATES (Meters.Zone:13.NAD83) Easting: Northing: OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) Construction details for this existing well have not been provided to this office; therefore, it is not known if the construction of this well is in compliance with the Water Well Construction Rules, 2 CCR 402-2. The issuance of this permit does not relieve the well owner of responsibility or liability in the event contamination of the groundwater source results from the construction or use of this well, nor does the State Engineer assume any responsibility or liability should contamination occur. 3) This well is recorded and permit approved in accordance with CRS 37-92-602(5) for historic use as indicated herein and described in CRS 37-92-602(1)(b), being a well producing 15 GPM and used for ordinary household purposes inside one (1) single family dwelling, fire protection, the watering of domestic animals and poultry, and the irrigation of not more than 20,000 square feet of home gardens and lawns. This well is located at 758 County Road 296, Rifle, CO 81605. 4) The date of first beneficial use, as claimed by the applicant, is December 31, 1955. NOTE: Permit no. 65859-F was also issued for this parcel. NOTE: Parcel Identification Number (PIN): 23-2127-312-00-012 NOTE: Assessor Tax Schedule Number: R210104 (totaling 35.8 acres) APPROVED DMW By Recei t No. 9502811A DATE ISSUED 06-18-2007 EXPIRATION DATE Form No. GWS-25 OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Shennan St., Denver, Colorado 80203 (303) 866-3581 WELL PERMIT NUMBER ___ 6=5=8=59~---~F __ APPLICANT CARMEN & LINDA CRONE PO BOX 1482 RIFLE, CO 81650- DIV. 5 WD39 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NE 1/4 Section 36 Township 5 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 1975 Ft. from North Section Line 100 Ft. from East Section Line 1095 (505) 947-2337 UTM COORDINATES (Meters,Zone:13,NAD83) PERMIT TO CONSTRUCT A WE Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #070419CLC(a). 4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than 6,000 square feet (0.14 of an acre) of home gardens and lawns, and the watering of five (5) head domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Crone Well. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0. 779 acre-foot (253,837 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: NOTE: Permit no. 274097 was also issued for this parcel. Parcel Identification Number (PIN): 23-2127-312-00-012 NOTE: Assessor Tax Schedule Number: R210104 (totaling 35.8 acres) APPROVED DMW Recei t No. 9502811 B State DATE ISSUED 06-18-2007 By EXPIRATION DATE 06-18-2008 APPLICATION TO LEASE \VATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. 0. Box 1478, Rifle, Colorado 81650 I. APPLICANT INFORMA TJON (' Name: CCU rYl e rl fl .,_ L l v\ c\,Q /V\ r_c. (> ~- Mailing address: ~-+'-'-'.''-'·--'"D~-.....2"---1/:_c;'e-CL-.b~----- !.I r :~-\ ~ L ~, ~-I (.'_-c-(') Telephone: --~<--s~0~~-_,,.,)~'-~cl~L~/.~7-~·-~::i._~:<.,2.~',_·_7 _____ _ Authorized agent: ___________________ _ 2. COURT CASE #'s: Decree Case No. ___ _ Augmentation Plan Case No. ___________ _ 3. USEOFWATER jl'l.RESIDENTIAL (check applicable boxes) t;I Ordinary household use Number of d\.vellings: -~/ __ 0 Subdivision: No. constructed units: No. vacant Jots '!/1 Home garden/lawn irrigation of_ ~ Ge· 0 sq. ft. lvfethod of irrigation: D flood ~sprinkler 0 drip 0 other B Non-commercial animal watering of 5 animals ~Fire Protection D 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 \vater withdrawn from the pond: -------------- 1Vef/ Shari11g Agree111e11tfor 111ultiple 011'/U!f' wells llUIS( be sub111i1ted. rt greater than two owners, application nu1st be nuule under u ho111eow11ers association. D COMMERCIAL (check applicable boxes) Number of units: Total sq. ft. of commercial units: ___ _ Description of use:------------------- D 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: ____________________ _ DMUNICIPAL Description of use: ___________________ _ D DIRECT PUMPING Tributary: _____________________ _ Location:----------------------- 4. SOURCEOFWATER Structure: ()..! e.1 / Structure Name: Q. r G n e. /l) e I l OStorage ~round water Current Permit#-----------(attach copy) Source: OSurface Contract #070419CLC(a) Map# 560 Date Activated S/17 /07 S. LOCATION OF STRUCTURE l~-:~~ -\ ',~_\ c~ E -fJ._ $(;-~ {J(, County Quarter/quarter Quarter Section To·rmship Range Distance of v.-el\ fron1 section lines: /C( J '5 I .s; ( 0 rr--, f'._) Elevation: ~ k) 0 () Well location address: P.M. (Attach additional pages/or multiple structures) _ ., ·1 1,.,L '! c\ :J ,. _::, \- 6. LAND ON WHICH WATER WILL BE USEJV"i' ·.~' (~egal de~c1~iption 1nay be proy~ded as an__tuttlchm~nt) . -C /; .. :> t_ /,) C S 3 <o __.,..-,f-Lo\-,). ,,..:> ,:; I ..:::I.....::..c d ,-, K er d.. u J 0 c rt £ . rn_,_-_ Number of acres in tract:_~;};-~5~_·_,__(_,),_ __ /11clusio11 i1111J the Dlrtrict, at Applicant's expense, 11u1y be required. 7. TYPE OF SEWAGE SYSTEM M Septic tank/absorption leach field CCentral system OOther District name: --------------------- 8. VOLUME OF LEASED WATER NEEDED JN ACRE FEET: (minimum of 1 acre foot except augmentation fro1n ,A~!sbury Reservoir \Vhere a lesser runount is allo\ved) Pro1·ide engineering data to suppo11 rolun1e of water requested. Co111111ercial, 1111111icipal, and industrial users 11111st pro1.!fde db•ersion u11d co1nu111ptii·e data 011 a 111011th(r ba:i"is. A totali~ingflow 111eter witlr ren1ote readout is required to be installed and usage reported to JVest Dh•ide. Applicant e.'-J.lres-s(r acknowl!!dges it /las had tile opportunity to re1·iew the Di.Hricf'.\· _fonn I.Yater Allot111e11t Contract and agrees this applicario11 is nuule pursuant and subject to the ter111s and conditions contained ,. tllen!i11y // A a l~!Jl,1 ~ (!/} ' I Application Date: ____________ _ ISSUED AS AREA B CONTRACT YES _____ NO The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District. Form# WDWCD 050901 APP JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL WEST DIVIDE WATER CONSERVANCY DISTRICT WATER USE ESTIMATES APPLICANT: Cannen A. and linda M. Crone DWELLING UNITS: ·i IRF"GATED AREA (SQ FT) 6000 NO. OF LIVESTOCK: 5 ELEVATION (MSL): 5600 __ ,. In House Diversion per Unit (AF) 0.029 0.026 0.029 0.028 0.029 0.028 0.029 0.029 0.028 0.029 0.028 0.029 0.336 (1) (2) (3) (4) (5) (6) In I C.I Un 0 0 0 0 0 0 0 0 0 0. 0. Q. 0. -~]· J. per t (AF)_. 004 004 004 004 004 004 004 004 004 004 004 004 050 ,-. Irrigation Diversion (ft) 0.086 0.384 0.550 0.588 0.466 0.330 0.096 2.500 300 gallons per day per residence Irrigation c.u. (ft) 0.069 0.307 0.440 0.470 0.373 0.264 0.077 2.000 15%1 consurnptive use for ISDS systems 80°/o in"igation efficiency for sprinkler systems ,-, In House Diversion iAFI 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.34 Blaney Criddle cissessment with Pochop adjustments Column (1) * number of dwelling units Column (2) ~number of dwelling units Contract Amount w/ S'Yo transit Loss= 0.4~ acre feet ' -, Jn House C.U. (AF) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.05 (7) (8) (9) (10) (11) (12) . , -· \ •w 1 Irrigation Live:;tock Diversion Irrigation Diveir:sion & (AF) C.U. (AF) C.U. (AF) 0.00 0.00 0.01 0.00 0.00 0.00 0.00 0.00 0.01 0.01 0.01 0.01 0.05 0.04 0.01 0.08 0.06 0.01 0.08 0.06 0.01 0.06 0.05 0.01 0.05 0.04 0.01 0.01 0.01 0.01 0.00 0.00 0.01 0.0Q 0.00 0.01 0.34 0.28 0.06 Column (3) * irrigated area in acres Column (4) • irriga1ed area in acres .. - Total Diversion (AF) 0.035 0.032 0.035 0.047 0.091 0.114 0.120 0.103 0.082 0.049 0.034 0.035 0.779 Livestock use at 11 gallons per head pEir day (99CW320) Column (5) +Column (7) +Column (9) plus 5% transit Joss Column (6) + Column (8) + Column (9) Column (11) plus 5°/o transit loss Water Use Estimates.xis ' .. , \ ·-1 --Total Contract Total C.U. Amount (AF) (AF) 0.010 0.010 0.009 0.009 0.010 0.010 0.019 0.020 0.052 0.054 0.070 0.073 0.074 0.078 0.061 0.064 0.046 0.048 0.020 0.021 0.009 0.010 0.010 0.010 0.388 0.407 4/12/2007 ---·· ,. : C) Qi' 4>.:;,. ' ;;; j . M£6 S:tt '-' I ' ,.c .... t ~ I., "'··,. . :.~_ l -·,.~~ r ··· ·~··.., ' ( J'{~r.1 r. ju •• .._ ·' -..... ' .,# ··-·-J . (,,.... -~ . . ,_ .... ~-,~ Nan1e of Applicant: Contract #0704 ! 9CLC(a) Map# 560 Date Acti vated5/ 17 /07 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT 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 ofC.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 O\Vned, !eased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following tern1s and conditions: I. \\later Rights: Applicant shall O\Vn water rights at the point of diversion herein la\vfully entitling Applicant to dive1t \vater, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it 1nust be understood by Applicant that no right to divert exists until a valid \Veil permit is obtained fron1 the Colorado Division of\Vater Resources. 2. Ouantitv: Water applied for by the Applicant in the an1ount set forth above shall be diverted at Applicant's point of diversion fro111 the District's direct flow water rights. and when water is unavailable for diversion pursuant to adn1inistration by the Colorado State Engineer during periods \vhen said direct flow \.Yater 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 fron1 direct flow. storage or otherwise, to the Applicant by the District will be limited by the priority oflhe District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted \.viii only be provided so !ong as \\'ater is available and the Applicant fully complies with all of the tenns 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 consenl of the Colorado River Water Conservation District. If at any time lhe Applicant determines it requires less \Yater than the amount herein provided, Applicant n1ay so notify the District in writing, and the a1nount 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 ofBeneficial Use: Any and all watei allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or comn1ercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water 1nay not be available for con1111ercial as that tern1 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 of any and all water allotted shall be \Vithin or through facilities or upon land O\Vned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases 1nade by the District out of storage fron1 Ruedi Reservoir, Green Mountain Rese1voir, 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 at 1 such ot,1tlet or points shall constitute perf onnanc~ of lhe District's lo ta I obligation. Delivery of vvater by the District frorn Ruedi Reservoir or Green fvlountain Reservoir shall be subject to the District's lease contracts \Vith the lJnited States Bureau of Reclamation. Releases fron1 other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefron1. Furthermore, the District hereby expressly reserves the right to store water and to n1ake 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 in1paired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each vvater year {October I), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such \Yater. Water service provided by the District shall be lin1ited to the a1nount 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 an1ount at new or alternate points of diversion. The District sha!J request the Colorado Division of\Vater Resources to estitnate any conveyance losses between the original point and any alternate point, and such estin1ate shall be deducted from this amount in each case. Water service provided by the District for properties located \Vithin 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 Memorandun1 of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 200 l, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the \Vater service conten1plated 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 conten1plated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it sha11 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 \Vorks and facilities necessary to obtain/divert the waters at said allernate 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 Payn1ent: Non-refundable, one tin1e adn1i11istrative charge, in the arnount detennined 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 payn1ent for the \Vater service described herein shall be determined by the Board of Directors of the I)istrict. The initial annual pay111ent shall be n1ade in full, \Vithin thirty {30) days after the date of notice to the Applicant that the initial payn1ent is due. Said notice will advise the .1\pplicant, an1ong other things, of the \-Valer delivery year to which the initial payment shall apply and the price \Vhich is applicable to that year. Annual pay111ents for each year thereafter shall be due and payable by the Applicant on or before each January I. If an annual pay1nent is not made by the due date a flat $50 late fee \viii be assessed. Final \Vritten notice prior to cancellation \viii be sent certified mail, return 1cceipi. requested, lo i.he Applicant at such address as n1ay be designated by the Applicant in ;,;;dting or set forth in this Contract or 1-\pplicalion. Water use for any pa1i of a \vater 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. If payment is not made within fifteen ( 15_) days after the date of said 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 allotn1ent of water. as herein made, n1ay be transferred, leased, or othenvise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this \Vater allotn1ent Contract with the District, the District shall notify the Division of \Vater Resources offices in Denver and Glen\vood Springs. The Division of Water Resources 1nay then order cessation of all water use. 7. Additional Fees and Casis: Applicant agrees to defray any expenses incurred by the District in connection vrith the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection \vith any water rights and adjudication necessary to allo\V Applicant's use of such allotted water rights. 8. Assignn1ent: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, \Vithout 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 1nust comply with, such requiremenlS as the District 1nay hereafter adopt regarding assigrunent of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant'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 fonns for assignment and change of o\vnership. In the evenl the water alloued 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 O\Vnership, the Applicant may oniy assign the Applicant1s rights hereunder to: l_) No more than three separate o\vners all of\vhom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, \Yater district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to 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 rnay exist pursuant to a well sharing agreen1ent or through a ho1neowners association or special district as provided above. Upon the sale of the real property to \Vhich this Contract pertains, Applicant shall make buyer a\vare of this Contract and proper forms for assignment and change of ownership 1nust be completed. 3 9. CH her Rules: Applicant shafl be bound by the provisions of the \Vat er Conservancy Act of Colorado; by the ruies and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. IO. Operation and t\.1aintenance Agreement: Applicant shall enter into an "Operation and i'v1aintenance Agreement" \Vith the District under terms and conditions detern1ined by the board of Directors of the District, if and when. the Board of said District detennines in its sole discretion Lhat such an agreement is required. Said agreement 1nay contain, but shall nol be lin1ited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and n1aintenance costs; or for other costs to the District \vhich rnay arise through services nlade available to the Applicant. 11. Change of Use: The District reserves the exclusive right lo review, re-approve or disapprove any proposed change in use of the \Vater 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 \Yritten approval of the District shall be deemed to be a material breach of this Contract. 12. Ilse and Place ofUse: Applicant agrees to use the \Vater in the 1nanner and on the property described in the docu1nents 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 a'i set forth thereon or any lease or sale of the water or water rights herein, other than as pennitted in paragraph 8 above, shall be dee111ed to be a 1naterial 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 \Vater or water rights referred to herein. 14. Conservation: Applicant shall use com1nonly accepted conservation practices 1,vith respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinary household purposes, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shaH be restricted to Applicant;s domestic animals not to be used for com1nerclaJ purposes uniess Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock \\'atering, provided that in no event shall actual diversions exceed the ainount 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. 17. Jvfeasuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deen1ed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all tin1es all 4 \Vat er diverted pursuant to the tern1s of Applicant's \Vat er right and tile tenns of th is Contract. Applica111 agrtes 10 provide accurate readings fron1 such device or meter to District upon District's request. Applicant acknowledges that failure to comply \Vith this paragraph could result in legal action to tem1inate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this C.ontract, Applicant hereby specifically allo\VS District, through its authorized agent, to enter upon Applicant's property during ordina1y 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 ihai AppHcant rnay believe has been received froni the District. Applicant further acknov.;lcdgcs that it has obtained aH nccessarj 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 \vater 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 O\.Vll discretion, choose to include Applicant's Contract herein in a water court fiUng for alternate point of diversion or plan of augrnentation, 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 \Vater court case. The pro-rata share shall be calculated by dividing such total cost by the nun1ber 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 Agreen1ent: This agreen1ent shall not be cornplete 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 attachn1ents shall by this reference thereto be incorporated into the tern1s of this agreement. All correspondence from the District to Applicant referring to or relating to this agreen1ent is by this reference incorporated into this agreement as further terms and conditions of this agreen1ent. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN AV ALID 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 O'!HERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANT'S 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 5 SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT. THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE /\FFIXING OF SIGN/\ TURES ON THIS CONTRACT fN WHICH EVENT ALL SUMS Pl\ID BY APPLICANT FOR THIS CONTRACT SHALL BE JMMEDIA TELY RF.FUNDED TO APPLICANT. --1c~---+1~· >:J'd~W'-=-'Z,C~1<____,_~~e~~~/ .· Applicant Applicant STA TE or_C~:~C~ .. · ~/ c=··, ~t~<_,_l .o..cl~"~ ) SS. COUNTY OF c;:.,Cl. r \1 e\ c\ ) The foregoing instrument was acknowledged before me on this le day of /~ pr 1 • / , 20QZ_, hy -"'~' ~Ci.~{~V~Y"\~f'~D~-~\\~-\.:~··~(~c.:-· ·~·~·l~f __ . Witness my hand and official seal. My commission expires: \ ~ -~ ·$ · '-' 7 10 A'-c:I--) } lo, d d ocK.... ~-.~.--''-.-}~~~~-~~~~~~~~~ i\Jotary Public ) SS. before n1e on this h_ / ORDER A .. fter a hearing by the Board of Directors of the \Vest Divide \\later 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. WEST DIVIDE WATER CONSERVANCY DISTRICT By / I Date This Contract includes and is subject to the tenns and conditions of the following docun1ents which n1ust acco1npany this CoIJtract: I. Map showing location of point of diversion (use map provided) 2. Application and Data Fonn fully co1npleted and signed The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the \Vest Dil'ide \Vater Conscnrancy District. Form #WD,VCD 050901 CONTRACT. 6 PROPERTY DESCRIPTION PARCELNO. l ALL OF THE FOLLOWING DESCRIBED REAL PROPERTY LYING EAST OF THE EAST BOUNDARY OF STATE HIGHWAY NO. 13 AND SOUTH OF THE SOUTH BOUNDARY OF STATE HIGHWAY NO. 325 AS THE SAME WERE CONSTRUCTED AND IN USE AS OF THE DATE JfEREOF, TO W11~ THE SEl/ 4NE1/ 4 OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 93 WEST OF THE 6TH P.M., AND LOT 2 OF SECTION 31, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., EXCEPT THOSE PORTIONS OF SAID REAL PROPERTY HERETOFORE CONVEYED OUT, AS FOLLOWS: 1. THAT PORTION OF SAID LOT 2 LYING EAST OF AND BELOW THE COOK, CHIVERS AND ALL GEORGE DITCH, EXCEPTING A RIGHT OF WAY FOR A PRIVATE ROAD 26 FEET EAST FROM THE CENTER OF SAID DITCH AND APPROXIMATELY 300 YARDS IN LENGTH, SAID ROAD BEING ON EAST SIDE AND RUNNING PARALLEL WI1H AND MEASURED FROM THE CENTER OF SAID DITCH, TOGETHER WITH ALL DITCH AND WATER RIGHTS BEWNG TO SAID LAND, ALL BEING DESCRIBED IN DOCUMENT NO. 53995 IN BOOK 100 AT PAGE 236 OF THE LAND RECORDS OF SAID GARFIELD COUNTY, COWRADO, IN THE OFFICE OF THE GARFIELD COUNTY CLERIC AND RECORDER 2. THAT PORTION OF SAID SEl/ 4NE1/ 4 AND SAID WT 2 CONVEYED TO BEAUF H PEBLEY AND ROY C. SLATER BY WARRANTY DEED RECORDED AT RECEPTION NO. 236416 IN BOOK 380 AT PAGE 217 IN THE OFFICE OF THE GARF1EW COUNTY CLERIC AND RECORDER 3. THAT PORTION OF SAID SE1/4NE1/ 4 DESCRIBED IN WARRANTY DEED TO JACK PATRICK ELLIOTT AND GWRIA K. ELLIOTT RECORDED AT RECEPI10N NO. 250098 IN BOOK 420 AT PAGE 102 IN THE OFFICE OF THE GARFIEW COUNTY CLER!( AND RECORDER. 4. THAT PORTION OF SAID SE1/4NE1/4 CONVEYED IN DEED TO THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OFCOWRADO, RECORDED AT RECEPTION NO. 375187 IN BOOK 696 AT PAGE 692 IN THE OFFICE OF THE GARFIELD COUNTY CLERIC AND RECORDER. ALL OF THE FOLLOWING DESCRIBED REAL PROPERTY LYING EAST OF THE EAST BOUNDARY OF STATE HIGHWAY NO. 13ASTHESAME WAS CONSTRUCTED AND IN PLACEASOFTHEDATEHEREOF, TO WIT: THE El/2NE1/4NE1/ 4 OF SECTION 360 TOWNSHIP 5 SOUTH, RANGE 93 WEST OF THE 6TH P.M. EXCEPT ANY PORTION OF SAID REAL PROPERTY HERETOFORE CONVEYED OUT, AS DESCRIBED IN DEED RECORDED AS DOCUMENT NO. 68992, IN BOOK 123 AT PAGE 181 IN THE OFFICE OF THE GARFlEW COUNTY CLERK AND RECORDER COUNTY OF GARFIELD, STATE OF COWRADO