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HomeMy WebLinkAbout4.0 CorrespondenceEdward B. Olszcwski Melody D. Massih Amanda N. Maurer OLSZEWSKI, MASSIH & MAURER, P.C. ATTORNEYS AT LAW P.O. Box 916 214-871 STREET, SUITE 210 GLENWOOD SPRINGS, CO 81602 TELEPI ION E: 970.928.9100 FACSIMILE: 970.928.9600 January 7, 2010 Fred Jarman (7 rfiviti County Plnrini'1g D:T rtm`nr 109 Eighth Street, Suite 401 Glenwood Springs, CO 81601 RE: Ron Perau - Application for Accessory Dwelling Unit Dear Fred: Wchsiic: www.ommpc.com This letter comes in response to yours dated October 27, 2009. As we discussed previously, Mr. Perau has retained our office to assist with the water issues related to the above referenced ADU application. First, a diligence application has been successfully adjudicated. The diligence application was decreed in case number 04CW209, Water Division No. 5 - Application of Tamburello. A copy of the final decree is enclosed for your reference. Another diligence filing is not due until March 2012. I understand that Mr. Perau's predecessor in interest, Tamburello, never formed a homeowner's association for purposes of administering the original augmentation plan decreed in case number 94CW145. Water Division No. 5. However. based on my interpretation of that decree, a homeowner's association does not need to be formed until more than one separately owned single family residences are served by the spring. Since both Mr. Perau's residence and the ADU are owned by Mr. Perau, I do not believe the homeowner's association requirement applies. I do, however, agree that in the event Mr. Perau subdivides his property, or the spring serves another property owned by someone other than Mr. Perau, that a homeowner's association would be required. I am hopeful that this letter is responsive to your concerns raised in your October 27, 2009 letter. If you would like to discuss any of the issues in further detail, please contact me at your earliest convenience. R.d.b ,,.P Petak I (12 Jarman. IgAILO/.kr OLSZEWSKI, MASSIII & MAURER, P.C. Fred Jarman January 7, 2010 Page 2of2 Very truly yours, OLSZEWSKI, ASSIH & URERY.C. By: EBO:mkd Enclosure cc: Ran Edward B. 01 ews RA,dwor MoauU It 2.lmmen.11L61.117.doe ® District Court Water Division No. 5, Garfield County, Colorado Court Address: 109 Eighth Street, Glenwood Springs, CO 81601 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: Applicant: GREG J. TAMBURELLO and ANNE TAMBURELLO IN GARFIELD COUNTY, COLORADO. If Represented by an Attorney, Attomey's Name and Address: John W. Savage, P.C.; John W. Savage, Esq. 201 Railroad Avenue/Post Office Box 1926, Rifle, CO 81650 Phone Number: 970-625-1470 E-mail: savagejw®msn.com FAX Number: 970-625-0803 Atty. Reg. #: 009946 COURT USE ONLY Case Number: 04 CW 209 Division Courtroom REFEREE RULING AND DECREE FINDING OF REASONABLE DILIGENCE The above -entitled Application For A Finding of Reasonable Diligence was filed on December 22, 2004, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92 of Chapter 37, Colorado Re- vised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the Application are true, and having become fully advised with respect to the subject matter of the Application does hereby make the following determination and Ruling as the Referee in this matter, to wit: 1. The statements in the Application are true except as noted herein. 2. The name, address and telephone number of the Applicant is: Greg J. Tamburello and Anne Tamburello 1743 County Road 210, Rifle, CO 81650 970-625-3527 3. No Statements of Opposition have been filed and the time for filing such statements has expired. 4. Applicant has requested that a Finding of Due Diligence for the following conditional water rights claim be approved by the Court: A. Name of structure: (well, spring, ditch, reservoir): Tamburello Spring, First Enlargement; Tamburello Pond No. 1; and Tamburello Pond No. 2. C:ICLIENTS \Tamburello 1WATER1p1d Referee Ruling Diligence App.doe Revised: 11/28/2005 9:53 AM; printed: 11/28/2005 10:41 AM; Page 1 of 5 Dist. Court, Water Div. 5, Garfield County, Colorado; Application of Tamburello, Case No. 04 CW 209 Referee Ruling; B. Describe conditional water right (as to each structure) giving the following from the Referee's Ruling and Judgment and: Decree: Application of Greg J. Tamburello and Anne Tamburello in Garfield County, Colorado for the Tamburello Spring (absolute) and the conditional water rights: Tamburello Spring, First Enlargement; Tamburello Pond No. 1; and Tamburello Pond No. 2 Date of Original Decree: January 11,1999 Case No.: 94CW145 Court: District Court, Garfield County, Colorado, Water Division No. 5 C. Legal description: include distance and bearing from established government section corner or quarter corner; or distances from section lines, and indicate % 1, section number, township, range and meridian; include map). The location may include UTM coordinates based on Zone 13 and NAD27(CONUS) datum. In urban areas, include street address, lot, block, and subdivision: Required Description: Garfield County NW1/4 of the SE1/4 Section 2 Township : 6 or® Range 93 ❑E or® PrincipGall Meridian th Distance from section Ines (section lines are typically Tamburello Spring, 1 u Enlarg.: N41deg10'28"W (2025 ft from the south section line and 1950 feet Tamburello Pond NO. 1: 1950 Feet from, ON Tamburello Pond No. 2: 2100 Feet from, ON 865.55 from ®S ►t4 not property lines) feet from SE 1/16'' corner of the east section llne.) and 1700 Feet from ®E S and 1450 Feet from ZE Sec. ❑W • 2; W Street Address: 1743 County Road 210, Rifle, CO 81650 Subdivision: Lot Block Optional Additional Description: GPS location information in UTM format: not provided. D. Conditional Water Right Details: 1. Tamburello Spring, First Enlargement (Second Claim): a) Source: A spring, tributary to an unnamed tributary (locally known and hereinafter re- ferred to as Green Draw), tributary to the Colorado River; b) Appropriation Date: March 31, 1994; c) Amount: 0.033 c.f.s., conditional; d) Use: In-house domestic use in six single-family dwellings and livestock watering (2 animals per residence; e) Depth Orwell): N/A. 2. Tamburello Pond No. 1 (Third Claim): a) Source: Green Draw, tributary to the Colorado River and augmentation credits from some of Applicants' water rights in the Lower Cactus Valley Ditch will also be stored in this pond; B. Appropriation Date: March 31, 1994; b) Amount: 10.0 A.F., conditional; c) Use: Piscatorial, livestock watering, and augmentation; d) Depth (if well); N/A. 3. Tamburello Pond No. 2 (Fourth Claim): a) Source: Green Draw, tributary to the Colorado River; Tamburello Pond No. 2 will only be filled by in -priority diversions from Green Draw and when this water right is out of priority, diversions of water into this pond will cease, and the water level in the pond will be allowed to fall in accordance with evaporation losses; C:ICLIENT51Tamburello\WATERIpld Referee Ruling Diligence App.doc Revised: 11/28/2005 9:53 AM; printed: 11/28/2005 10:41 AM; Page 2 of 5 Dist. Court, Water Div. 5, Garfield County, Colorado; Application of Tambureilo, Case No. 04 CW 209 Referee Ruling; that the Applicant has shown reasonable diligence in the development proposed appropriation described above. Accordingly, the Referee does ORDER that said condition water right should be, and is hereby, continued in full force and effect. 9. Should the owner of this conditional water right intend to maintain it hereafter, an Application For A Finding of Reasonable Diligence and/or to Make The Conditional Water Right Absolute shall be filed in the month and year set forth below, except that this Court may determine, prior to that date, that this conditional right has been made absolute by the completion of the appropriation. 10. The owner of this conditional water right shall comply with Rule 9 of the Uniform Local rules for all State Water Divisions, as follows: (a) Upon the sale or other transfer of any conditional water right, the transferee shall file with this Water Court a Notice of Transfer which shall state: i) the title and case number of the case in which the conditional decree was issued; ii) the description of the conditional water right transferred; iii) the name of the transferor; iv) the name and mailing address of the transferee; and v) a copy of the recorded deed. (b) The owner of any conditional water right shall notify the Clerk of the Water Court having jurisdiction of any change in mailing address. (c) The Water Clerk shall place any Notice of Transfer or Change of Address in the case file in which the conditional decree was entered and in the case file in which the Court first made a finding of reasonable diligence. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to judicial review. It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. DATED this \5 day of 1r-62:t\AVI , 200 . BY THE FEREE: Copy of the foregoing mailed to all L.;,urisei of Record, Water Referee, Div En ' ieei and State Engineer Dat DtfottClertc, Water Div.5 \N\it\ Water Referee Water Division No. 5 State of Colorado (Judgment and Decree next page) C:ICLIENTS\Tambure1lo1WATER1p1d Referee Ruling Diligence App.doc Revised: 11/28/2005 9:53 AM; printed: 11/28/2005 10:41 AM; Page 4 of 5 Dist. Court, Water Div. 5, Garfield County, Colorado; Application of Tamburello, Case No. 04 CW 209 Referee Ruling; JUDGMENT AND DECREE No protest was filed in this matter, and accordingly the foregoing Ruling is confirmed and approved and is made the Judgment and Decree of this Court. AN APPLICATION FOR FINDING OF REASONABLE DILIGENCE OR TO MAKE CONDITIONAL RIGHT ABSOLUTE SHALL BE FILED IN OR BEFORE THE MONTH OF MARCH 2012 OR THIS CONDITIONAL WATER RIGHT MAY BE RULED ABANDONED. DATED this "ay of DGE �--� �opy of the foregoing mailed to all Coup el el of Record, Water V. 9 and State Engineer Date Cjerk,WatOr Qiv. 5 C:ICLIENTSITamburello\WATERlp1d Referee Ruling Diligence App,doc Revised: 11/28/2005 9:53 AM; printed: 11/28/2005 I0:41 AM; Page 5 of 5 Fred Jarman From: Deborah Quinn Sent: Monday, January 11, 2010 8:33 AM To: Fred Jarman Subject: RE: I do understand, which is why I'm okay with it. Deborah Quinn Assistant Garfield County Attorney 108 8th Street, Suite 219 Glenwood Springs, CO 81601 (970) 945-9150 Fax (970) 384-5005 CONFIDENTIALITY STATEMENT: This message and any attachments are confidential and intended solely for the use of the individual or entity to which it is addressed. The information contained herein may include protected or otherwise privileged information. Unauthorized review, forwarding, printing, copying, distributing, or other use of such information is strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by replying to this message and delete the email without further disclosure. Original Message From: Fred Jarman Sent: Monday, January 11, 2010 8:24 AM To: Deborah Quinn Subject: RE: I am OK with the representation at this point. The physical water has been proven. The legal water appears to be proven if you understand that the whole concept of forming the HOA is commonly used as a tool (not to demonstrate that the legal water exists) but so that the water administrators (ie, local water commissioners / division engineers or the SEO in Denver) have a point of contact to deal with (one entity) rather than multiple homeowners. I am OK with this letter and will advise accordingly. Thanks for your thoughts. Original Message From: Deborah Quinn Sent: Monday, January 11, 2010 8:17 AM To: Fred Jarman Subject: RE: Fred, I think that Perau is a transferee of these water rights and thus he should comply with the requirements of the conditional decree, providing notice to the court and whoever else the decree requires. Also, I don't have any recollection of how many homes might be served by this spring, and I don't have the original information on the decree that include that requirement for the HOA. However, I'm willing to accept the representation if you are, that he is the only one using it and that his attorneys interpretation is correct. Deborah Quinn Assistant Garfield County Attorney 1 108 8th Street, Suite 219 Glenwood Springs, CO 81601 (970) 945-9150 Fax (970) 384-5005 CONFIDENTIALITY STATEMENT: This message and any attachments are confidential and intended solely for the use of the individual or entity to which it is addressed. The information contained herein may include protected or otherwise privileged information. Unauthorized review, forwarding, printing, copying, distributing, or other use of such information is strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by replying to this message and delete the email without further disclosure. Original Message From: Fred Jarman Sent: Monday, January 11, 2010 7:02 AM To: Deborah Quinn Subject: FW: Deb - This is correspondence from Ed Olszewski (atty. Representing Ron Pereau on his legal water issue for his ADU. Take a look and let me know your legal opinion. Thanks - Fred Original Message From: FRED [mailto:fredjarman@garfield-county.com] Sent: Monday, January 11, 2010 5:05 AM To: Fred Jarman Subject: This E-mail was sent from "RNPC9D6E4" (MP 5500/LD255). Scan Date: 01.11.2010 07:05:16 (-0500) 2 NOV-0 5-2009 14:58 Frorn:Jean's itin9 6252554 ul be 6 qi 6071-77[ Or FAQ/ 7aieni;f7.) •Cp�O DF I'ARTMENT OF NATURAL RESOU1 ES 446 Mr. Ron Perau 200 Dee I Run Trail Rifle, CO, 81650 Tc '703843470 P.1/6 911 DIVISION OF WATERRRESOURCES October 30, 2009 fit l Ritter, it C; veinini H. rrts D Shcnncn Ex .riiHve• Director Ul'I< Wolfe, r_r Ui ectorf Stott Firicvr Ai rtclldio, r.E. Di ismn FngIneer ❑ear Ro , Pursuantl to our lelcphone conversation of October 29t'' 2009 I would like to provide a copy of the decree *Water Water Court Case 04CW209. This is a diligence case for the Tamburello Spri gs and Tamburello Ponds previously decreed in Water Court Case 94CW 145. Regarding the condition in paragraph 40 of the decree in 94CW 145, the formation of the OA is for the administration of the augmentation plan. The purpose of the HOA is to have one entity responsible for meeting the terms and conditions of the augmentation plan rather than multiple owners r; sponsible for portions 9f the plan_ In addition, there is a stipulated condition that requires specific lang age be placed in the De laration of Covenants prohibiting the use of the Tamburello Spring, Tamburello Spring 1$' Enlargement, and Tamburello Pond No. 1 for any irrigation. Y I hope this clarifies your questions. Please feel free to contact me or have Garfield Count Planning contact me should there be any further question$. Sincerely, Steve A. Pope Division 5, Augmentation Plan Coordinator I? GA BUIL C.1j 41) 'O V 0 5 2009 FIELD COUNTY !NG & PLANNING Water Division 5 + Glenwood Springs P.U. flux 396 (50633 US Hwy h & 711) • Glenwood Springs, CO 81602 ■ Phone: 970-9.15-5665 • Fax; 70-945-8741 www.w,ttFr.;it:4N WAS. NOU--0S-2009 14:58 From:Jean's itin9 6252554 Tc 703843470 P.2/6 CENTRAL FILES Pre. District Court Water Division No. 5, Garfield County, Colorado F_F Court Address; 109 Eighth Street, Glenwood Springs, CO 81601 CO 9 riti'1g CONCERNING THE APPLICATION FOR WATER RIGHTS OF: riling Review tjpplicont; GREG J. TAMBURELLO and ANN1! TAMBURELLO IN GARFIE;LD COUNTY, COLORADO. t,>rp Document t:ariicid County District Court Date: Dec 22 2004 4:SOf'M II)7 4833834 Clerk; Kathy flail COURT USE ONLY 9th.11) 1ST lf1Represented by an Attorney, Attnrney's Name and Address: John W_ Savuge, P.C.; John W. Savnge, Esq. 201 Railroad Avenue/Post Office Boa 1926, Rifle, CO 81650 f Phone Number: 970-625-1470 E-atoll: suvngvjw©msn.cum FAX Number; 970.625.0803 Atty. Reg. 0: 009946 Case Number: OyG;N1..D7 Division 5 Courtroom Ij APPLICATION: FOR FINDING OF DILIGENCE 1. Nome, address, telephone number(s) (residence and business) of applicants) Greg J. Tamburello and Anne Tamhurello 1743 County Road 210, Rifle, CO 81650 970.625.3527 2. Narne of structure: (well, spring, ditch, reservoir): Tamburello Spring. First Enlargement: Tamburello Pond No. I; and Tamburello Pond No, 2, i 3. IIOeSctibe eonditinnal water right (as to each structure) giving the following from the Referee's Ruling and i meet and: Decree: Appllcntlnn of Greg J. Tamburello and Anne Tamburello in Garfield County, Colorado for the Tamburello Spring (absolute) and the conditional water rights: Tamburello Spifrg, First Enlargement; Tamburello Pond No. 1; and Tamburello Pond No. 2 Date of Original Decree: January 11,1999 Case No.: 94CW 145 Court: District Court, Garfield County, Colorado, Wnter Division No. 5 dg- 4. Legal description: include distance and hearing Cocos estnhliahe(1 government section corner or quarter corn r: Or distances from section lines, and indicate %,'/., section number, township, range and meridian; include reap). 'he location, may include UTM cnordinutes based on Zone 13 and NAD27(CONUS) datum. in urban areas, include street address, let, block, and subdivision: Required Description: Garfield County Township Range Section 6 93 NWll4 of the 1N,1/4 2 N o_ r S E or W Dibtance from, section foes (section lines are typically not property lines) 'famhurelloSpring, 1 Enlarg.t N41deg10'28"W 865,55 feet front SE 1/16`1' corner of Sec. 2; Tamburello Pond No, I; 1950 Feet from, ❑N S and 1700 Feet from E OW Tarnbnrello Pond No. 2: 2100 Feet from. ON S and 1450 Feet from E OW Street Address: , 1743 County Ruud 210, Rine, CO 81650 Princi al Meridian ,h 1 • I ' CICLIENTSITamhurello\WATERIApplieauun for Finding of Utl+gcnvt doe, Page 1 of 3 Printed- 12/21/20114 2:14 PM Printed: i 2/21 /2004 2:21 PM NOU-05-2009 14:58 From:Jean's ' itin9 6252554 To 703843470 P.318 District Court, Witter Divisloar No. 3, ciaerletd Cnvniy, CO Watt iglu,' Appl hS:,,riun of Tpmhu rrJ1n. Applicotion for Finding or Drligcnce Subdivision'. Lot Optional Additional Description: GPS location hirormation in VIM Format: not provided. S, Conditional Water Right Details; f, Tamhur iln pring, lrirst EnlargoruetlL[ nd Ciuim : A. Source: A spring, tributary to an unnamed tributary (locally 'known and hereinaftc re- ferred to EN Green Draw), tributary to the Colorado River; B. Appropriation Date: March 31, syy4; C. Amount: 0.033 c.Gs,, conditional; • ii. Use: in-house domestJ* use in six single -Family dwellings and livestock watering (2 a mail per residence; 13. Depth (if welly NIA. jJ, Tambora) Pond lip. I ("i'ilirtl CI ijrn): A. Sourcc: Green Draw, tributary to the Colorado River and augmentation credits fro come of Applicants, water rights in the Lower Cactus valley Ditch will also be aured in this pon 13. Appropriation Datc: March 31, 1994; C. Atnount: 10.0 A.C„ nunditiunal; D. Use: Piscatorial, livestock watering. and augmentation; E. Depth (if well)_ NIA. J il. "; oburl to Pond N4..2 (Fourth Cloiml: A. Sourco: Green Draw, tributary to the Colorado River; Tamburello Pund No. 2 wilt o iy he filled by In -priority diversions from Crecn Draw and when this water right is Out of priority, i- versiozls of water into this pond will cease, and the water level in the pond will be allowed to fall accordance with evaporation losses; 0. Appropriation Date: March 31, 1994; C. Amount; 5.0 A.l=., conditional; D. Use: Irrigation, piscatorial, and livestock watering; E. Depth (if well): NIA. rrr. P1arLfOr Augmentation: A. Structures: Tanrlrurcllu Spring, Tamburello Spring, First Enlargement, and Tamburello Pond No. 1; B. Uses: Domestic in-ltousc In 8 single-family dwellings, livestock watering and evaporat on losses from Tansburcilo Pond No. 1; C. Senior Rights to 11e Protected: Green Spring (W-3914), water rights senior to said structures downstream on the Colorado River and its trihutarles, and Green Draw. D, Water tights to be Used: Tamburello Pond No. 1; 6.7297 al'out of0,576efs at applica is headgate on Lower Cactus Valley Ditch (Priority No. 1428 50cfs 9124l1888) E. Details! Rite Dccrcc in 94 CW 145 6, Tr vido a detailed outline of what has been done toward completion or for Completion orthc appropriation a application Of water to a beneficial use as conditionally decreed, including expenditures: (udd additional sheets i neccs.ary): • Ponds Nos. t and 2 have been constructed, however unexpected grnttnd conditions were encountered causing abnurmai rates of Seepage. Resolution of this technical problem is pending. • Applicants have successfully subdivided adjoining property to the north, which does not utilize these writer rights, however this project was a pre -condition for proceeding with t project for which these conditional writer rights are Intended, C:ICI NTS1T1io1batellvlWAIEttlApplicaliun rur Finding or Dili$;enre.doc. Pogc 2 of4 Printed.112/21/20042:19 PM; Printed: 1221/2004 2..21 PM d e NOV-05-2009 14:58 From:Jean's 9t.in9 6252554 Tr 703843470 P.4/6 District Conn, Water Division No, S,Garficid County, CO Water Rights Application of Tgmhurdllo: Application for Finding of r)iligr.nrti • Sketch Platt for the Tarnburcilo Subdivision wax srppruvcd by Garfield County Pet 3 r 1 and work proceeded on preliminary plan, but other projects intervened and applicant lilted work an this subdivision until 2004, • A now Sketch Plan for the Tamburello Subdivision which may utilize the subject wow rights will bc fired in early NOS, 7, 1f oiuim to make absolulo: N/A. S, Names(s) and address(es) of owner(s) of the land on which structure is or will bc located, upon which watt is or will bc stored, or upon which water is or will be placed to beneficial use. Owner of land where diversion structure is located; Grog J. Tamburello and Anne Tamburello, 1743 County Road 210, Rifle, CO 81650. Owner of land where water has been placed to beneficial use is: Greg J. Tamburello and Antic Tamburellu,1743 County Road 210, Rifle, CO 81450, lsliJohn W- Savage Signature of Applicant's Attorney; John W, Savage Data:_. 12/21/04 . Wc; Gregory J. Tamburello and Anne E. Tamburello, state under oath that wu have rcnd this applicatio�r;a d. verily its eOntcnts. Applicants: /s/ Gregory J. Tamburello_ , -Gregory J. Tamburello aka Crc J, Tambtrello is/ Anna 2, Tamburello Anne E. Tamburello aka Anne Tambure110 Address of Applicants: 1743 County Rood 210, Rifle, CO 81650 Telephone No.; 970-625-3527 Date: t 2/23/04 1,satc: 12/23/04 Subscribed and affirmed, or sworn to before me in the County of Garfield, State of Colorado, this 23 d day of December, 2004. Witness by hand and official seal. My commission expires:_ 10/142008 (SEAL) [orr original] /sl Nita 1. Farrington Notary Public C:ICC1gN7stTainhureliolWATl:RtApplis:,tion fur Frieling of Drligonce.doe, Patc 1 of-1 1'rintid; 12/21/2004 2;19 PM; Printed: 12/21/2004 2,ZI PM NOV-05-2009 14:59 From:Jean's mine 6252554 Tc 7O3B4347O P.5.6 -V, District Court, Water Division No. S, Carfleld County, CO Water Rights ApplicadonofTambarello; Application for Finding ofDi1;rer,ce [This document was "E•Filed" pursuant to CRCP 121, Sec, 1-26 par Subsection 9 of said Hole, the original Iwrsot; with on signatures is maintained by the ultumey listed in the heading and shall he made available for inspection by other parties 0 coil upon retool, Pursuant l4 Subscclion 1 I, use of the "E•tiling* system constitutes compliance with CRCP 11's signal . rcqutrements.) C:(LIPNTSITembure11MWATFR1Appflestion for Finding of Diligence doe, Page 4 uf 4 Printed: 1212 U2004 2:14 PM; printed: 12/21 /2004 2.21 PM anal rho re NOV-05-2009 14:59 From:Jean's r ntin9 6252554 To '703843470 P.6/6 Dial Court, Water Div. $, Ourlield County, Colorado; Application of Taki4Auell , Cons No, 04 CW 209 Referee Ruling; fl G NT AND DECREE RE EIUED MA°Q8205 W Ur( lee} COI No protest was filed in this matter, and accordingly the Foregoing Ruling is confirm .+ and approved and is made the Judgment and Decree of this Court. AN APPLICATION FOR ' INDINC OF REASONABLE DILIGENCE OR TO MAKE CONDITIONAL RICHT ABSOLU .E SHALL BE FILED IN OR BEFORE THE MONTH OF MARCH 2012 OR THIS CONDITIONAL WATER RIGHT MAY BE RULED ABANDONED. DATED this 3.1ely o DGE dopy of the foregoing mailed to all Counsal of word, Water Referee, er and State Engineer Date Perk,WaterDiv.6 C:1CLJEN7 s\TemburtIIo1WATER1Ertd Referee Ruling Diligence App,do Reviled: 11/28'20a5 9:53 AM: printed! I I/8R00$ 10:41 AM; Page $ af5 Planning Office - Rifle Airport Administrative Building 0375 County Road 352 — Building #2060 (970) 625-5903 February 21, 2009 Ron Perau 200 Deer Run Trail RIFLE CO 81650 RE: ADU Application Dear Ron, The purpose of this letter is to inform you that the water rights information shows that the right for the ADU unit is still not complete. From my discussion with the County Attorney's Office, the evidence in still not sufficient: 1. The full 10 page ruling of the Referee in water case 94 CW 145 was included, along with the water judge's signature. The deed provides that YOU have one half of the interest in the water and storage rights out of the Spring. 2. The first Claim in the referee's ruling was for an absolute right to serve 2 Single Family Residences (SFRs), plus 2 animals per dwelling. This is an absolute right, so YOU own one-half, thus the right to serve 1 SFR (either the ADU or the new home, but not both.) 3. The remaining rights are conditional, expanding the use to six more SFR's plus 2 animals per dwelling, along with ponds for fishing, livestock watering and augmentation. The decree requires a filing of an application for a finding of reasonable diligence by Jan. 2005, and there is no evidence that was done. 4. The decree also requires the formation of a homeowners association (HOA) , see paragraph 40 on page 9, when the Tamburello Spring serves more than 1 SFR, in order to administer the augmentation plan required in the decree. The creation of the ADU means there are at least 2 SFR's served by the spring, and probably whoever owns the other half of the water rights has a SFR as well. There should be an HOA in place already (if there is a residence on Tamburello's share and another on Yours.) So, my questions are: A. Has the application for due diligence mentioned in # 3 been accomplished. Now, I am not an attorney, nor will I give you legal advice, but it sounds like Tamburello was supposed to do that (by 2005) when he sold to you, so that your conditional water rights were seen to. If that application for a finding of Planning Office - Rifle Airport Administrative Building 0375 County Road 352 — Building #2060 (970) 625-5903 February 21, 2009 Ron Perau 200 Deer Run Trail RIFLE CO 81650 RE: ADU Application Dear Ron, The purpose of this letter is to inform you that the water rights information shows that the right for the ADU unit is still not complete. From my discussion with the County Attorney's Office, the evidence in still not sufficient: 1. The full 10 page ruling of the Referee in water case 94 CW 145 was included, along with the water judge's signature. The deed provides that YOU have one half of the interest in the water and storage rights out of the Spring. 2. The first Claim in the referee's ruling was for an absolute right to serve 2 Single Family Residences (SFRs), plus 2 animals per dwelling. This is an absolute right, so YOU own one-half, thus the right to serve 1 SFR (either the ADU or the new home, but not both.) 3. The remaining rights are conditional, expanding the use to six more SFR's plus 2 animals per dwelling, along with ponds for fishing, livestock watering and augmentation. The decree requires a filing of an application for a finding of reasonable diligence by Jan. 2005, and there is no evidence that was done. 4. The decree also requires the formation of a homeowners association (HOA) , see paragraph 40 on page 9, when the Tamburello Spring serves more than. 1 SFR, in order to administer the augiiientation plan required in the decree. The creation of the ADU means there are at least 2 SFR's served by the spring, and probably whoever owns the other half of the water rights has a SFR as well. There should be an HOA in place already (if there is a residence on Tamburello's share and another on Yours.) So, my questions are: A. Has the application for due diligence mentioned in # 3 been accomplished. Now, I am not an attorney, nor will I give you legal advice, but it sounds like Tamburello was supposed to do that (by 2005) when he sold to you, so that your conditional water rights were seen to. If that application for a finding of reasonable diligence was filed by January 2005, please provide a copy to us. B. Was a Homeowners Association (HOA) formed? It sounds like Tamburello was supposed to do that when he sold to you (if he had a house on his share or was going to BUILD a house on his share that would be served by the Tamburello Spring. If this has been done, please include a copy in the information you need to send to me. I am hoping these things have been done, as otherwise the evidence is still not sufficient. (Just a note: if there are other SFR to be added -as is the conditional use- the HOA should be what you want to see those future SFRs be. Thank you and I look forward to assisting you upon the next submittal of information. Sincerely, Dustin Dunbar AICP, MPA Senior Planner 970.625.5903 T. nal ti a1n7No! SSY7D'is1111 vsn 762466 02102/20‘ >:26:08 AM Page i of 1 Jean Alberico, Garfield County, Colorado Ree Fee: $6.OD DOc Fee: $O.00 eRecorded QUM'CLAIM DEED MIS DEED, made this 26tw day of 141,k GAL 2009, between Gregory .I. Tamberelto and Anne E. Towbw' Vo of the County of Garfield mod Stale 6f CO, gmator(s), and Ronald G. Perm whose legal oddness is 6501 County Road 214, New Castle, CO 81647 of the County of Garfield and State of CO. graotee(s): WITNESS, that the grantor(s), for and in consideration of the sum of Ten Dollars and other good and valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold and QUITCLAIMED, and by these presents do remise, release, sell and QUffCLAIM unto the grmrtee(s), their heirs, successors and assigns forever. all the right, title, interest, claim and demand which the grantor(s) have is and to the following described water rights in connection with the following described property, situate, tying and being in the County of Garfield and State of Colorado A PARCEL OFLAND BEING A PORTION OF THE NI/2SE1/4 SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: EEO[NNING AT THE EAST y CORNER OF SAID SECTION 2, AN ALUMINUM CAP IS NO. 10871 IN PLACE; THENCE 500°3006M ALONG THE EASTERLY LINE OF wpm/um/4 1320.36 FEET TO THE SOUTH 1/16 CORNER BETWEEN SECTIONS 1 & 2, AN ALUMINUM CAP LS NO. 16397 IN PLACE; THENCE DEPARTING SAID EASTERLY LINE S89°2551"W ALONG T1IE SOUTHERLY LINE OF SAID NI/LSEI/4 A DISTANCE OF 110722 FEET(!IENCE THE SOUTHEAST 1/16 CORNER OF SAID SECTION 2, A BRASS CAP LS NO. 16397 IN PLACE, BEARS S8915'51"W 211.68 FEET); THENCE DEPARTING SAID SOUTHERLY LINE NOI"4438"W 67631 FEET, THENCE S75°4638"W 27959 FEET; THENCE N38°3333"W 145.12 FEET; THENCE N10°II'02"W 127A0 FEET; THENCE N00°0000"E 447.76 FEET; THENCE N89°31'43"E 34154 FEET; THENCE N00'30'02"W 30.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID NU2SEI/4; THENCE 109°31'43"E ALONG SAID NORTHERLY LINE. 659.45 FEET TO THE POINT OF BEGINNING. 1/2 of the Grantors interest in and to the water and storage rights out of the Ta thn e1IoSpring. NOTE: This dead is to correct the spring identified as the "Green" Spring oil that certain deed recorded May 25, 2005 in Book 1690 at Page 544to readTacnbwello Spring. Grantors continue to reserve all mineral right, but with no right of surface occupancy. TO HAVE AND TO HOLD the camp, together with all and singular the appurtenances and privileges thesemlo belaogiag, or in anywise thereunla appertaining; tad all The estate, right, title,; . "- and claim whatsoever of the granior(s), either in law or equity, to the only proper use, benefit and . _. , f of fh- a) their:, its and assigns forever. The foregoing instrument was arlmnwledged before -me tlhfS rday of Gregory J. Tambmellc and Anne E. Tamburello. 0505037 ammo 5 Ra atd o.n..0 6551 CowyRood 214 New Crna CO 11607 era 933.11w. 4-94 QUIrCLAIMDED 2009, by Witness my hand and oft" My c mase°UV %� Notary public NOTARY PUBLIC STATE OF ARIZONA Yavapei County DORIS D. PHILLIPS My Commissioru Exptrea 11/01/12 GRANR JUNCIIO\ LATATURI[S 435 NORTH AVENUE ♦ PHONE. (970) 242-7018 ♦ FAX: (970) 243 7235 ♦ GRAND JUNCTION, GOLORADO 8150I Received from: — ANALYTICAL REPORT — Ron Peran 0200 Deer Run Trail Rifle, CD 81650 970-379-7717 5576 water Customer No. Laboratory No. Sample 1/7/08 1/22/08 n Tate Received Date Reported Lab number 5576, Limits for Public Sample ID- H"oiiie .. ,.: - - :. ; a,te-r - Su PPlic.s.; Colo-,-. .. Dept. of Health Sodium(Na) 240 mg/1 20 mg/1 Calcium(Ca) 71 mg/1 no official limit Magnesium(Mg) 82 mg/1 125 mg/1 Potassium(K) 7.5 mg/1 no official limit Chloride(C1) 20 mg/1 250 mg/1. Sulfate(SO4) 698 mg/1 250 ma/1 Phenol_ Alkalinity(CaCO3) 0 mgl no official limit Total Alkalinity,(CaCO3) 355 mg/1 .-:f �iL:. ill✓5 ham.., ��j Dissolved Solids 1320 mg/1 ' no official limit 500 mg/1 Hardness (CaCO3) 513 ma/1 200 mg/1 pH 8.30 '6.5=8.5 acceptable -_. Conductivity@25 deg_ C 1860 umhos/cm no official limit Total Coliform Bacteria 0 col/100m1 must be less than 1 Sodium, Sulfate, Diss_ Solids and Hardness were above the suggested limits_ This may be of concern to those restricting dietary Sodium; for each liter of water consumed, 240 milligrams of Sodium would be consumed. Sulfate can cause gastro-intestinal problems if much is consumed. Dias. Solids indicate the overall salt content is higher than recommended. Hardness indicates mineral deposits are likely, and soap likely to be less effective_ Not all factors which might be harmful in a drinking water were tested, but the analysis above covers many common problem factors. Lab Dir.: Brian 8. Bauer 11 DEC 18 1998 DISTRICT,COURTYWATER DIVISION NO. 5, COLORADO' Case No. 94 CW 145 RULING OF REFEREE TN THE MATTER OF•THE APPLICATION FOR SURFACE WATER RIGHTS, STORAGE WATER RIGHTS, CHANGE OF WATER RIGHTS, AND PLAN FOR AUGMENTATION OF: GREG J. TAMBURELLO and ANNE TAMBURELLO, in GARFIELD COUNTY. - The above -entitled Application was filed on June 30, 1994, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado,, by the Water. Judge of said Court in accor- dance with Article.92 of Chapter. 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act.of 1969. . . And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements.in the Ap- plication are true, and having become fully advised with respect to the subject matter of the Application'does hereby make the following determination and Ruling as the Referee in this matter, to wit: 1. The statements in the Application are true except as noted herein. 2. .The names, address and telephone number of the Applicants are; Greg J. and Anne TaMburello, 1743 County Road 210, Rifle, Colorado 81650 (970-625-0612). 3. Timely statements of opposition were filed on behalf of George D. and Ardis A. Green, Grand River Ditch Company, and the State and Division Engineers for the State of Colorado. No further statements of opposition have been filed and the time for filing such statements has expired. The opposers and applicants have agreed to the following Ruling. 4. Applicants have requested that the following claims be ap- proved by the Court: FIRST CLAIM SURFACE WATER RIGHT 5. Name of structure: Tamburello Spring. Oist. Ct., `. CO, Case No. 54 Cld 145 Application ex' "z _urello; Ruling of Referee October 30, 1998 Draft, Page 2 of 10. 6.. Legal description of point of diversion: A spring gathering point situated in the I'1W1/4SE1/4 of Sec- tion 2, Township 6 South, Range 93 West of the 6th P.M., County of Garfield, State of Colorado. Said point being more particularly described as follows: Commencing at the southeast 1/16 corner of Section 2, an aluminum cap L.S. No. 27925 found in place; thence N 41° 10'28" W 865.55 feet to said gathering point, a concrete manhole in place. 7. Source: The source of the water is a spring, tributary to an unnamed tributary (locally known and hereinafter referred to as Green Draw), tributary to the Colorado River. 8. Date of Appropriation: May 1, 1923. 9. Amount claimed: 0.033 c.f.s., absolute. 10. Use: In-house domestic use in two single-family dwellings and livestock watering (2 animals per residence). SECOND CLAIM SURFACE WATER RIGHT 11. Name of structure: Tamburollo Spring, First Enlargement. 12. Legal description of point of diversion: A spring gathering point situated in the NW1/4SE1/4 of Sec- tion 2, Township 6 South, Range 93 West of the 6th P.M., County of Garfield, State of Colorado. Said point being more particularly described as follows: Commencing at the southeast 1/16 corner of Section 2, an aluminum cap L.S. No. 27925 found in place; thence N 41° 10'28" W 865.55 feet to said gathering point, a concrete manhole in place. 13. Source: The source of the water is a spring, tributary to an unnamed tributary (locally known and hereinafter referred to as Green Draw), tributary to the Colorado River. 14. Date of appropriation: March 31, 1994. 15_ Amount claimed: 0.033 c.f.s., conditional. 16. Use: In-house domestic use in six single-family dwellings and livestock watering (2 animals per residence). THIRD CLAIM STORAGE WATER RIGHT 17. Name of structure: Tamburello Pond No. 1. Dist. Ct., Div. 5, CO, Case No. 94 CSC 145 Application of Tamburello; Ruling of Referee October 30, 1996 Draft, Page 3 of 10. 18_ Legal description of place of storage: The center of Tamburello Pond No. 1 is located at a point 1700 feet from the east section line and 1950 feet from the' south section line of Section 2, Township 6 South, Range 93 West of the 6th P.M_ Surface acres: 1.0 acre. Said pond will be located "onstream", in Green Draw, and upstream of the Lower Cactus Valley Ditch. 19. Source: The source of the water to fill Tamburello Pond No_ 1 is Green Draw, tributary to the Colorado River_ Augmentation credits from some of Applicants' water rights in the Lower Cactus Valley Ditch will also be stored in this pond. 20. Date of Appropriation: March 31, 1994_ How appropriation was initiated: Hy field investigation, intent to appropriate and staking of the approximate center of the pond_ 21. Amount claimed: 10.0 A.F_, conditional. 22. Use: Piscatorial, livestock watering, and augmentation. FOURTH CLAIM STORAGE WATER RIGHT 23. Name of Structure: Tamburello Pond No. 2. 24. Legal description of place of storage: The center of Tamburello Pond No. 2 is located at a point 1450 feet from the east section line and 2100 feet from the south section line of Section 2, Township 6 South, Range 93 West of the 6th P.M. Surface acres: 0.5 Acre. Said pond will be located "offstream" and above the Lower Cactus Valley Ditch. 25_ Source: The source of the water is Green Draw, tributary to the Colorado River. Tamburello Pond No. 2 will only -be filled by in -priority diversions from Green ❑raw and when this water right is out of priority, diversions of water into this pond will cease, and the water- level in the pond will be allowed. to fall in accordance with evaporation losses. Dist. Ct., Div. 5, CO, Case No. 94 CW 145 Application of Tamburello: Ruling of Referee October 30, 1998 Draft, Page 4 of 10. 26. Date of Appropriation: March 31, 1994.. How appropriation was initiated: By field investigation, intent to appropriate and staking of the approximate center of said pond. 27_ Amount claimed: 5.0 A.F'., conditional. 28. Use Irrigation, piscatorial, and livestock watering. PLAN FOR AUGMENTATION 29. Structures to be Augmented: Tamburello Spring; Tamburello Spring,First Enlargement; and Tamburello Pond No. 1. 30. Uses to be augmented: Domestic in-house use in eight (8) single-family dwellings, livestock watering and evaporation losses from Tamburello Pond Nc. 1. 31. Specific Senior Water Rights to be Protected under Plan of Augmentation: (A) Green Spring and decreed water rights senior to Tambu- rello Spring, Tamburello Spring, First Enlargement, and Tamburello Pond .No. 1, downstream on the Colorado River or its tributaries. (B) In Water Court Case No. W-3914, Green Spring was awarded 0.50 c.f.s., absolute for irrigation and livestock watering purposes with an appropriation date of December 31, 1964. Green Spring waters are measured at an existing flume located in Green Draw upstream of the Lower Cactus Valley Ditch. The Lower Cactus Valley Ditch is utilized as.a carrier for said 0.50 c.f.s. The original claimants and present owners are George D. and Ardis A. Green. (C) Streams to be Protected: Green Draw; Colorado River and its tributaries. 32. Water Rights to be Used for Augmentation: (A) Tamburello Pond No. 1, awarded herein; (p) 6.7297 acre feet per year out of the 0.576 c.f.s de- livered to Applicants' headgate by virtue of Applicants' ownership of 3.99 shares in the Grand River Ditch Company which owns -the water rights decreed to the Lower Cactus Valley Ditch. (C) The headgate of the Lower Cactus Valley Ditch is situ- ate on the northerly bank of the Grand River at a point whence the 1/4 corner between Sections 5 and 6, Township 6 South, Range 91 West bears 47° West 3370 feet and being in Lot 7, Section 5 in said Township. Dist. Ct., Applicatio, October 30 :0. Case No. 94 CW 145 :,rello; Ruling of Referee 'aft, Page 5 of 10. Applicants' headgate on the Lower Cactus Valley Ditch is :coated at the intersection of the east line of Sec. 2, T. 6 S., R. 93 W., 6th P.M. with the Lower Cactus Valley Ditch. (D) On April 19, 1897, the Garfield County District Court awarded the Lower Cactus Valley Ditch Priority No. 142B for 50 cubic feet of water per second of time (c.f.s.) for irrigation purposes with an appropriation date of September 24, 1888. (E) The Grand River Ditch Company has a total of 270 shares. 33. Description of Plan for Augmentation: (A) Domestic use is based on an occupancy of 3.5 persons per dwelling, using 10C gallons per day per person and Livestock wa- tering of 10 gallons per head per day, with an average of 2 head of livestock per dwelling (8) totalling 16 head of livestock, or 160 gallons total water used for livestock watering. The return flow from the septic tank and leach fields and livestock water for the eight (8) units will be a 100% loss to Green Spring and equates to 2960 gallons per day which is 2.05 gallons per minute. When the Green Spring right is not receiving its full decreed 0.50 c.f.s., Ap- plicants will deliver the 2.05 gallons per minute to the Green Draw above the measuring device for Green Spring for discharge into the Lower Cactus Valley Ditch, The full volume of any out -of -priority diversions shall be replaced daily to the Green Spring water right. (B) Applicants shall cease diversions from the Tamburello spring and Tamburello Spring, First Enlargement whenever the consump- tive use water available to Applicants' out of their shares in the Lower Cactus Valley Ditch or the water in storage in Tamburello Pond No. 1 are insufficient to replace out -of -priority depletions associ- ated with the diversion of water rights described in paragraph 29. (C) If an administrative call is placed on the Colorado River downstream of the confluence of Green Draw and the Colorado River and Applicants' Temburello Spring water rights are out -of -pri- ority, Applicants shall make releases from the Tamburello Pond No. 1 in such amounts as may be necessary to replace all consumptive uses per the following table. All such releases shall be made to Green Draw, downstream of the Lower Cactus Valley Ditch. (D) The 2.05 gpm will be delivered from Tamburello Pond No. 1. Said pond will be filled utilizing in -priority diversions from Green Draw and by pumping consumptive use credits from Appli- cants' Lower Cactus Valley Ditch water rights, through the Tamburello lateral ditch_ (E) Annual augmentation requirements in acre feet for replacement to Green Spring are 6.4327 A.F. tTivt R.w.Jed to �Q I'L`"r� o clerk M U� 1 Reception No. �!_,'� Recorder. WARRANTY DEED i] THIS DEED, Made this 7th day of griliDfliip4 December i 19 89 hMuecn WiLLIAFS I . SHRIVER AND PATRICIA L. SHRIVER �; of the --- .County of Sat.. {' C {,I L<1' and i t State of C6Iihtf& , grantor. and GREGORY J. TAMBURELLO AND AhNNE E. TAt•18URELLO Gi4RFkELD DEC 1.1 I989 Stasi, Doc. Fee whose Icgai addI P is 1743-210 Road Rifle, CO 81650 of the - __ - Ccenty or Garfi el d and State of Colorado. granlcn; WITNESS. that the gasntor, for and in consideration of the sum of ----One Hundred Thirty Thousand and no/100 cOILARS. the receipt and sufficiency of which is hereby acknowledged, has granted, bargained. sold and conveyed, and by dkese presents does i grain.bargain,sell, convey and confirm unto the grantees. their heirs and as signs forever, not in tenancy inoommon'butinjointtenancy, i1 al I the real properly. together with improvements, if any, situate, lying and being in the ---- County of Garfield and State or Colorado, described as follows: I' i• SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF s also known byslnrciAnd number is 1743.- 210 Road Rifle, Colorado 81&50 TOGETHER with all and singular the bereditamn1 is and appancaanccs thulium') belonging, or in anywise appertaining and the reversion and lt',Crdlona, remainder end remainders. rents, issues end profits thereof, and all the estate, right, line, inter41, claim and I demand uiratsoever of the grantor, either in law or equity. of, in and to the above bargained premises. with the bereditameats and iI appurtenances. - - 1!: TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee[, their heirs andassignx forever. And the grantor. for himself, his heirs and personal representatives, does covenant. grant, bargain and agree so and :I with the gran tees, their heirs and assigns. thal at the time of cite enstaling and delivery of these presents. he !swell seized ofthe premises 1 above conveyed, has good. sum. pxfocr, absolute and indefeasible enamor inheritance, in law, in fee simple, and has good right, full power and lawfulauthority to grunt, bargain, sell and convey the same in mannerand form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens. taxes, assessments, encumbrances and restrictions of whatever kind or natttte 't 1n enema SEE EXHIBIT "6" ATTACHED HERETO AND FORMING A PART HEREOF The grantor shall and will WARRANT AND FOREVER DEFEND the Rh:we•bargained premises in the quiet and peaceable possession of she grantees. their heirs and assigns. against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular. and the use of any gender shall be applicable to all geridas. IN W rrNEss WHEREOF the grantor has executed this deed on the date act forth above. William W. Shriver Q...t. 1 ' rl fit STATE OF Uta h .• .- .'1•rr // y/, . • 1I . r County of /)f • .".:' 'The forcgoin snstrllmettt sou acknowledged before iria: this JI �g'� day of -November , 19 89 , j '"b 1ri11fa+n W. Shriver and Patricia L::Shriver It^1-5zSR1Q�rta �Llil�llPrL Patricia L. Shriver i n .1 .1 1i I i.: ii Witness my nand :.nit official seal. My capper . , 19 9e 14.7 Whrk I "If is Denver, insert "City and." . . ,. No. 921.A. Rev, 3-1S. wnRRawrr GVoft0Jer.1 TLwur anarxa Pvdrnfoa, 1743 Maaea5:. nerve, CO k010r .. I?o3l:ara500 1.14 1 3' EXHIBIT "A" PARCEL 1 ancx 4..i{j$ r4c634 The Northeast Quarter of the Southeast Quarter• (NE1/4SE1/4) of Section 2, Township 6 South, Range 93 West of the Sixth Principal Meridian. the southerly boundary of the said parcel being the centerline of Garfield County Road Number 210. PARCEL 2 A triangular tract of land situated southeasterly of the Cactus Valley Ditch and bounded on the East by Parcel i described above and on the South by Garfield County Road Number 210, Section 2, Township 6 South, Range 93 West of the 6th P.M. TOGETHER WITH the following described water and water rights, ditches and ditch rights; title to which is not included in the warranties contained herein: All water and water rights. ditches and ditch rights appertaining to or used in connection with the above -described land, and particularly, but without limitation upon the foregoing, all right title and interest of the said party pi the first -part in the following ditch and water rights; (a) 3.99 Shares 04 the capital stock of the Grand River Ditch Company, which Shares are .presently evidenced by Certificate . Number 554 standing in the name of party of the first part: and (b) 25 gallons of water per minute collected water, .from time to time flawing. from thane certain springs located an adjacent real property situated in the NW1/4 of the SE 1/4, Section 2, Township 6 South, Range 93 West of the 6th Principal Meridian, appurtenant to and used in connection with the existing residence situated on the real property described above, which water right is hereby conveyed with the ownership:af the existing storage tank and two inch line as the same are in place in said NW1/4 SE1/4. Also conveyed herewith is an easement and right -of --way along the location of said existing storage tank and water line, said RaSement and right-af-way to be sufficient width and nature for maintenance and improvements of said water system and for entry of machinery for such purposes. EXH161`1. "8" . ae4x ' 6 ntt635 1. Reservatfon of an undivided one-half interest of all mines And, wel3s and an undivided one-half interest in any and all minerals by R. Dean'.Hawn as more particularly describ-ed in deed recorded April 24, 1957 ir:.Book.300 at Page' 75, and any and all interests therein or assignments thereof. 2• Reservation of an undivided three -fourths of all minerals and mineral rights as reserved by Glenn Anderson and Rose C. Anderson in deed recorded February 8, 1960 in Book 323 at Page 523, and any interests therein or assignments thereof. 3. Reservation of an undivided three quarter interest in all ..minerals and miner:' rights as contained in deed from Floyd Nobles and Ruth Nobles to Richard E. Barr and Doris J. Barr recorded:May 19, 1955 in Book 366 at Page 138 and any interests therein or assignments thereof. 4. Reservation of an easement and right of way aoross Parcel 2 for a wafer line as more particularly described in deed reocrded April 21, 1978 in Book 508 at Page 860. 5. Easement and right of way for :the Grand River' Ditch insofar as it:may affect subject property. 6. Easement and right .of'way.for:a water line and ditch as more particular1y described in deed recorded April 21; 1978 in Book 508 at Page 864. 7. General taxes and assessments for hte year 1989 and subsequent years, 8. Easements and right's .of way of an apparent nature. 9. Mortgage for the benefit of The Federal Land Bank of Wichita to secure $89,000.00, dated .march 29, 1978, and recorded..April 21, 1978 in Book 508 at Page'867.