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APPLICATION
SPECIAL/CONDITIONAL USE PERMIT
Date:/;? -6· -9 /
Applicant: #1Ult91CD r/ f?iJt:.?:}r; C6us6 -
Address of Applicant: 01:)() /2.d dd-3 t:ft~/c-
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Special/Conditional Use:~~~~~~~~~~~~~~~~~~~~~~
Legal Description: .S:t-/4, o/ cS11) j.{:; r lecL~,__ L Twp b 3/ ·~ 0 An,, l, 9 ,;1 uJ 0 D/'YJ
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Practical Description ( locatio.n with respect to highways, county
roads, and residences) : ;1q. l'nA-AJ o rz.,/.-f....., °zf d j7 6 t ,;24 /&(. ?Z.:l 3 , ·
(} d ltJ&.1-.i I 0 Ac.LL.., fD Ant-.!~ J? C).,r?U(_, , '71_~ ~
Requirements:
1. Plans and specifications for proposed use (hours of
operation, no. of vehicles/day, location and size of
structures, etc.).
2. Existing or proposed method of sewage, source of disposal
and water. Road access and other information deemed
necessary to explain proposed use.
3. A vicinity map drawn to scale depicting the subject
property, location, and usa of building and structures on
adjacent lots.
4. An impact statement on the proposed use where required by
Sections 5.0J-5.03.12 of Zoning Regulations.
5. A copy of Assessor's map showing property; and a listing
of all adjoining property owners of said property.
6. A bas~. fee of $ shall be charged for each
application and shall be submitted with the application,
additional charges may be imposed if County review costs
exceed the base fee.
7. Attach a copy of proof of ownership for your property
(deed, title insurance).
If public notice is required, notice provided by the Planning
Department shall be sent out at least five ( 5) days prior to
hearing by return-receipt mail to all the above noted adjoining
property owners. Mailing is the applicant's responsibility and
proof of mailing must be presented at the hearing. Additionally,
the same notice shall be published one (1) time in the official
County newspaper at least fifteen (15) days prior to such hearing
date. Applicant shall bear the cost of publication and be
responsible for presenting the "Proof of Publication" at the
hearing.
The above information is correct to the best of my knowledge.
\ ~-c....L"'-C.... ,A.,...\.r._.l
2---I z_,
March 20, 1992
Richard and Eldena Clouse
0450 C.R. 223
Rifle, CO 81650
GARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
RE: Special Use Permit -Guest House
Dear Clouses:
Your request for a Special Use Permit, identified on the enclosed public notice form, has been scheduled
for a public hearing before the Board of County Commissioners on April 20, 1992, at 11 :00 a.m., in the
Commissioners' Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood
Springs, Colorado. It is suggested that you be present at the hearing.
A copy of the enclosed public notice should be submitted to a newspaper of general circulation, either the
Valley Journal/Rifle Telegram or the Glenwood Post, for publication one time al least 15 days prior to
the hearing. You should contact the newspaper directly regarding obtaining the proof of publication and
billing. In addition, copies of the public notice form must be mailed by certified return-receipt to all
adjacent property owners no less than 5 days prior to the hearing. All mailings should be completed no
later than April 14, 1992, to ensure compliance. The proof of publication from the newspaper of general
circulation and return-receipts from the mailings must be submitted by the applicant at, or prior to, the
public hearing.
Please contact this office if you have further questions regarding your application or the public hearing.
~~4
Andrew C. McGregor
Planner
ACM/rib
Enclosures
109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601
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1 ~· COMMONWFALTH
IAND TITLE INSURANCE COMPANY
• ; A Reliance Group Holdings Company ! _,
:i.
POLICY OF TITLE INSURANCE
SCHEDULE A
Amount of Insurance:$ 28,000. 00
Premium: $255. 00
'll.t~ili;;;;;~~~~'~:~~ternber 28, 1989, at 7:59 A.M.
RICHARD L. CLOUSE AND ELDENA M. CLOUSE
Policy No. 107-729763
File No. 8908013
2. The estate or interest in the land described herein and which is covered by this policy is Fee Simple
and is at Date of Policy vested in:
RICHARD L. CLOUSE AND ELDENA M. CLOUSE
3. The lan<l referred lo in this pollcy Is <lescrlbe<l In lhe said instrument, is situated in IJ1e County of
I; t follows: : : Garfield , State of Colorado , and is identified as .. ! .
TOWNSHIP 6, RANGE 93 WEST of the 6TH P.M. SECTION: 1: SW1/4SE1/4SW1/4
SCHEDULEB
Policy No. 107-729763
File No .. 8908013
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records,
a. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and .any facts which a correct survey
and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and
i , not shown by the public records.
~l,f ll i'·-~np~lented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof.
', , 6. ·Any and all unpaid truces, assessments and unredeemed tax sales.
1. Any lien or charge on account of the inclusion of subject property in an improvement district.
,J, Right of the proprietor of a vein or lode to extract and remove his ore therefrom,
should the same be found to penetrate or intersect the premises hereby granted and
a right of way for ditches or canals as constructed by the authority of the United
States, as reserved in United States Patent recorded June 15, 1892 in Book 12 at Page 169.
; I
, . !J, Easement and right of way for County Road No. 223 insofar as it may affect subject J " ; , .n;
1
., • property.
. . '
(1L Deed of Trust from Richard L. Clouse and Eldena M. Clouse to the Public Trustee
!of Garfield County for the use of Colorado National Bank -Glenwood to secure an
.original amount of $28,377.50, dated September 25, 1989 and recorded September 27, · 989 in Book 763 at Page 815.
rights as reserved by Leroy 0. Scollin and vanita M. Seal .
. ~{" 1989 in Book 763 at Page 814, and any interestsit i'.-· I
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'\
c i)RADO DIVISION OF WATER RESOu .. ~fC£iVf0
818 Centennial Bldg .. 1313 Sherman St., Denver, Colorade.ao2Q3.
. . t.'; () 2 1989 ., PERMIT APPLICATION FORN! li'ATER RESIJURCes
rit:CEIVED -~
,'\UG 2 4 1989
Application must
· be con1plete where
applicable. Type or
print in BLACK
INK. No overstrikes
;;:-erasures unless
nitialed.
ll£CEIVED (X) A PERMIT TO USE GROUND WATER ll'MllE•E//Gllt£ER
(;{)A PERMIT TO CONSTRUCT A WELL Giia.
WATER IESIUICll
lllMi I 81Glliili QllD.,.,. SEP 0., 11BD9: (X) A PERMIT TO INSTALL A PUMP "~~:;::;:? ! • .., ~ ·,
• 1 .... ~ •. , ..
·. "'··.
-llJllllCIS
( ) REPLACEMENT FOR NO. 'ii,.\CC' ..• -H'
,.,t. .•.
-·IU!l/WI ( ) OTHER '7 ' . .: ... · ... -WATER COURT CASE NO. ________ _ ~-,-
1) APPLICANT-mailing address
I IAME Richard & Eldena Clouse
nREET024S Co. Rd. 335
CITY New Castle, Co. 81647
(Slate) (Zip)
871i-2697 , 1 ELEPHONE NO.--------------
I!) LOCATION OF PROPOSED WELL
c iunty __ G=.a::r=-::f:::i..::e:.;:lc.:r'J.c.. -----------,,
__ S_E __ Y. of the_s_w ___ %, Section __ 1 __ _
-··-:r•
FOR OFFICE USE ONLY: -DO NO'f-~RITE l_N THIS COLUMN
1:1/'•37·.:',
Receipt No.30"+39 <j; ·, _________ _
Basin ------Dist.
CONDITIONS O_f_Af'PROVAI..
This well shall be used in such a way as to cause
no material injury to exist;ng wate' rights. The
issuance af the permit does n0t assurg the applicant -~, ·
that no injury will occur to another vested water
right or preclude another owner of a vested water ·
right from seeking relief in a civil court action. ,
'3 ·1 'I 'J ~ / ..J '? . (, f (' .•.
. ,, ...
ISSUANCI OF THIS PBRMIT DOl!S NOT
Tv·p. __ 6 __ _!>_,Ang. 93 W _ ___:6c.__PM. CONl'RR A DBCHBBD WATBR T!IUR!
----'-N_.s'------"-·w_'------i)) APPROVED PURSUANT TO CRS 87-9i-602(3)(b)(II}o-
(:0) WATER USE AND WELL DATA Al AS THR ONLY WELL ON A RESID!llYTI1\L SlTE-oF-
Proposed maximu1n pumping rate (gpm) ----'1-"5'-----
PROXIMATELY 10 ACRES DESCRIBED AS THE SW 1/4
F THE SE 1/4 OF Till! SW 1/4 OF SECTION l, T6S,
3W OF THE 6TH P. M. , GARl!'IELD COUNTY.
t.c, ) THE USI! OF GROUND WATER FROM THIS WELL IS Av,.rage annual amount of ground water y.,._ lMITED TO FIRE PROTECTION,. ORDINARY HOUSEHOLD
to 'ie appropriated (acre-feet): _____ ~•w-~¥~---.1;.JJRPO~SES INSIDE ONI! (ll SINGLE FAMILY DWl!LLING
T1IB WATERING OF Tim USER'S NONCOMMERCIAL
Nu nber of acres to be irrigated: ____ __;_~Ot-Je-_ <X>IESTIC ANIMALS. THE GROUND WATER SHALL NOT
I! USED FOR IRRIGATION OR OTHER PURPOSES.
Pre posed total depth (feet): _____ 1'-'0"'0"------
Aq lifer ground water ls to be obtained from:
River Alluvium
Ow 1er's well designation-------------
GROUND WATER TO BE USED FOR:
!{/-()< HOUSEHOLD USE ONLY· no irrigation (0)
· ( . ) DOMESTIC (Ii ( ) INDUSTRIAL (5)
. ( ) LIVESTOCK (2) ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
l OTHER (91 _____________ _
DETAIL THE USE ON BACK IN (11)
(4) >)RILLER
Nam• Shelton Drilling Co.
StreEt P • 0 • Box 1 0 7 0
City. __ B_a_s_a_l_t---'1'--C_o_. _8_1_6_2_1 _______ _
(State) (Zip)
Tele~hone No. 927-3893 894 Lie. No. __;::__o__::__ __ _
THE RETURN FLOW FROM THE USE OF THIS WELL
ST BE THRU AN INDIVIDUAL WASTE WATER DISPOSAL
YSTllM OF Tlll! NON-EVAPORATIVE TYPE WHERE Tllll
ATER IS RETURNED TO Till! SAME STREMI SYSTEM IN
ICH THE WELL IS LOCATED. Gf'.G ,'D/12:-/#(.
"Jj i ' " . "· u u l ' (')• ~ ~ .. 'ii r ~ ·· :-: r (.·" (. :". ·.-.) ,.,,/
' I. ': ' • ' t j ' 'J ,' i ' , ·.-u (i "j .j1 ... ,;. ~1 ~,.(;~ • .ti. .. :~
APPLICATION APPROVED
PEAMITNUMBER_--'-1L•Ws~;.:;;~.,~5~RLt:>~~'---------
DATE ISSUED ___ 0_CT_1_3_19_89 _____ _
Offictrl West Divide Water Conservancy District Board ot Dlltolorl
ITe lclc.>nt ()OJ) 625-123~
car H. ~rnldau POST OFFICE BOX 1478
RIFLE, COLORADO 81650·1478
earl H. Bernldau
7880 C, R. 309 788 C. R. J09
Flif e, Colorndo 816-:.o RUle, O::llorado 81650
Ilec611ber 11, l 99l Vic --Pi-csiclcmt
'Jrc-ory ['.l.lrrett
926 Blllke f,vcnuc
Leonard Chrlstens<1n
11034 C, R, 311
Silt, Oolorado 81652
Gle ·..io:d :;Ms., Co. 01601
areqory Durrett
Sec n-cas. Weiter ~·Jee
Nor Ruth Dcr1\kl11u
926 BlAk'I Avenue
Glenwcod SPil••, O::I. 81601
788 ' C. FL 309
;UC e, Colon1Uo 916SO
f\tt •rncy
nus ell O..--on;c
:>tu er & O..>ot<J(!, \>. c,
Pos Office l'ox 907
R.i( .e, Color11Uo 016~0
.Joe ~utz, Jr,
6107 Hlqhwa.y 133
carb:n:hle, Oolorado 81623
t<elly o::iuey
4745 C. R, 315
Sl lt1 Q:ilorado 81652
Mrs. Eldena Clouse
0450 C. R. 223
Rifle, Colorado 81651)
fulr Applicant:
Receipt # 222!3@ $25.00 en_'-·osed
RE: Administra':ion D=.posit, H' o G)ntract
Enclosed please finrl two copies of APPLICATION FOR THE PURCHASE
OF WATERS FROM THE WEST DIVIDE WATER CONSERVANCY DISTRICT as
per your request. You will also find enclosed a copy of the
West Divide Map along with price listing, Addendum and chart
of handy water equivalents. Will you please mark the location
of your intended well(s) project and return the map along with
two signed and notarized applications/contracts for your contract
to be processed? In that way, when review of your contract has
been completed by the Board of Directors, Attorney and Engineer,
West Divide and you will each have an original copy.
Proper fees (see listing enclosed) must be submitted with application
for water contract. The per acre-foot fee is refundable should,
for some reason not now perceived, the contract could not be
appro·;ed.
Copies of your application/contract will be submitted to our
Engineer and Attorney for their review when we receive them and
will be submitted to the Board of Directors at the following
meeting. You will be notified of time and place should you wish
to attend the meeting.
If you have any questions please feel free to call.
Sincerely,
Nora Ruth Beruklau
Water Manager, W.D.W.C.D. Enclosures
HANDY WATER EQUIVALENTS
1 cubic foot = = = = = = = = = = = 7. 48 gallons = " " .. = 62. 4 lbs, of water
1 acre-foot • = = = = "= = = = = 43,560 cubic feet•=== =325,900 gallons
1 acre-foot of water covers 1 aero of. luntl l foul tloop
1 cubic foot of water per second of time (cfs)• • • • .. 450 gallons per minute
For 24 hours •••••.• 1,983 (approximately 2) acre-feet
646,400 gallons
For 30 days .... , .. 59 .• 5 acro-Cooi• .. •·~ •.• .. " 19,390,000 gallons
For 1 year ....... 724 acre-feet ~ • .... · ...... 235, 900, 000 gallons
1 Million gallons (MG) = = = = " = • = .. = = = = = • • = = " = 3,07 acre-feet
1 Million gallons per day (MGD) = = = " .. = " " • " • 1122 acre-feet per year
1.547 cfs
1000 gallons per minute (gpm) = = = = = "= = = = = ~.= = = = = = = = 2.23 cfs
AVERAGE DAILY NEEDS PER ANIMAL
Swine , • , • , • , • , • , • , • , , , , l! gallons per 100 pounds
Cows .13-14 gallons
Horses. 10-12 gallons
Sheep .......... , .... , ....... 1-1 ! gallons
West Divide Water Conservancy District
President (:ml 625-1235
Cnrl H. lleni<.lau
7lB'.J C. R. »>
POST OFFICE BOX 1478
RIFLE, COLORADO 81650-1478
Rifle, Colorado 81<@
VU:&-Presidmt
GreaorY !>Jrrett
92S Blake Averue
G1.en.ood Spgs.. C.o 81001
Se;,/frms./'teter ~
Nora Ruth Berri<.lau
7lB'.J C. R. '»>
Rifle, C.oloralo 81ft0
J.ttDcrer
Russell George
Stuver & George p. c.
l\:ist Office Box '¥J7
Rl.fle, Colorado 81<@
Richard & Eldena Clouse
0450 C. R. 223
Rifle, Colorado 81650
Dear Mr. & Mrs. Clouse:
April :.16 ~. ·1992 ...
o ~~
; APR 2 0 1992
GARFIELD COUNTY
RE: Contract # 920406 -REC
Board ol Directors
Car 1 H. lleffi<lau
7lB'.J C. R. '»>
Rifle, Colorado 61650
Gregory D.uTett
92S Blake Aveme
Glerr.ood Spgs., Co 81001
Joe 1-tlutz, J r .
6107 Higtr.ey 133 .
Car baldele, C.olo. 61623
Kel ly Cooey
4745 C. R. 315
Silt, C.Olorildo 61652
IBVeme Starbuck
1859 C. R. 344
Silt, Col orado 81652
Enclosed please find your completed contract for augmentation/
exchange water from the West Divide Water Conservancy District,
Contract # 920406 -REC and receipt #2272 for same.
Copies of your completed contract have been submitted
to the following entities:
Colorado Division of Water Resources
Division #5 Water Resources
~arfield Department of Planning
Colorado River Water Conservation District
Your contract application has been reviewe d by W.D.W.C.D.
Engine er and Attorney. If you have any quest ions please l e t
us know and when you j get your up-dated well pe rmit we would
appreciate a copy of it.
Si ncerely,
~-L.v {:d2ce~,._-r-v&fo<{__._..__
Nora .Ruth Bernklau
Water Manager, W.D.W.C.D.
Enc
c/c as above named
(
APPLICATION AND DATA FORM
TO LEASE WATER FROM
For ot~ uso or.Uy
WEST DIVIDE WATER CONSERVANCY DISTRICT
A. APPLICANT~ J. /?--:/j Ci Name t Gt../-r-t-12. f> .f Ct:.-AJ4 ou_SV
Address 04."')L? i2B 2.<.... gt l'S)t, Co
Telephone Number 3 03/ 4'2~ .3~34
Authorized Agent or Representatlva ~-------~
B. WATER RIGHT OWNED BY APPLICANT
Name of Right (',.,rs&1Jo /? ,Y~.11--0 ,ku C
c.
Type of Structure or hlght _2 ..... s.,.11-.a-... tt ... t-.s ___ _.... ____ _
Lopation of Point ~f Diversion t'{ 41.c,r /Do,u-u 6 t+w'4 <et ·z.-1 o,.; t,.>e--h·yts • ..;i LA-zie· f?, f-lf , ee
Water court Casa No.
Wall Permit No. !55$ !?"""
Number o! Dwell!~ units ........ %..._ __
Total Acreage ,,....!Q.~...,..-~
Proposed Potable Water system ~----------
Proposed Waste-Water Treatment system
LS-aqf QzJI>
Projected Monthly Volume of Leased Water Needed in
Gallons I
Jan. U.o-e. Feb._}(,""' Mar. }& ui>
June3l,M July tvezi Aug. 'jkep
Nov.31.n Oeo.~
Annual Total G.allons 1,sm
Maximum Instantaneous Demand
Apr. 34:~ May ~"""" Sept.~ Oct. $~~
Acre Feet ~ I <f., .,,)
-. gpm "'
I:), OTHER REMARKS·---------------------
&lN.c ti z. 9 l.-
DATE SIGllA'IrnE .OF AGElll' .~ REffiESENI'ATIV .
Contraot I 991 o J./ o ,£ -;f'~ C Map ID I 101,. r
Date Ao t'>"i v~a:"iit~e"'"d ~f'.,.., "'z--, / 7a...
WEST DIVIDE WATER CONSERVANCY DISTRICT
Water Allotment Contraot
Name of Applioant1 ~,/lttd t f~dh?cd :C: feet / Co 'l-1 e ) Quantity ot water in
Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the state of
Colorado, or9anized pursuant to and existing by virtue ot c.R.s.
1973, 37-45-101, et seq,, (hereinafter referred to as the
"District•) for an allotment contract to benetiohlly and
perpetually use water or water rights owned, leased, or hereafter
acquired by the District, By exeoution ot this applioation, and
subsequent delivery and uso of water, Applicant hereby agrees to
the followin9 terms and conditions1
l. Water Ri9hts1 Applicant shall own water rights at
the point of dlve&slon herein lawfully entitling Applicant to
divert water, which will be aupplemented by water leaaed herein.
If Applicant intend& to divert through a well, it muat be
understood by Applicant that no ri9ht to divert exiats until a
valid well permit i1 obtained from the State Engineer,
2, ~uantitE1 Water applied fo.r by the Applioant in the amount aetorth a ove shall be diverted at Applioant's point
ot diversion from the District'• direct flow watec rights, and
when water ia unavailable tor diversion pursuant to administration
by the Colorado State Engineer during periods when said direct
now water right is not in priority, the District shall release
for the use of App1'icant up to said quantity in aore-feet per year
of storage water owned or controlled by the Distri~t. It is
underatood that any quantity allotted from direct flow,·storage or
otherwise, to the Applicant by the District will be limited by the
. priority of the District's decrees and by the physical and legal
availability of water from District's sources, Any quantity
allotted will only Pe provided so long as water is available and
the Applicant fully ocmplies with all of the terms and conditions
of· this contract. 'l:he District and the Applicant recognize that
some ot the District'• decree& may be in the name of the Colorado
River Water Conservation District, and the ability of the District
to allot direot flow rights to the Applicant may be dependent on
the consent of the Colorado River Water Conservation District, If
a~ any time the Applicant determines it requires less water than
the amount herein provided, it may so notify the District in
writing, and the amount ot water allotted under this contract
shall be reduced permanently in aocordance with such notice,
Ratea shall be adjusted accordingly in following water years only.
3, Beneficial Use and Location of Beneficial Use1 Any
and all water a1IoEted Applicant by the b!sErlct shall be used for
the following beneUohl use or use11 Munioipal, domestic and
related uses, or irrigation and co11U11eroial (except to the extent
that Ruedi water may not be available for irrigation and
llOlllllleroial as those terms are detined on page 5 of Contraot No.
2•07-70-W0547 between th~ United States and the Weat Divide water
Conservanoy District), ,ipplillant•a beneficial use of any and all
water allotted shall be within or'through faoilitiea or upon land
owned, leased, operated, yr under Applicant'• control.
4, Decrees and Delivery1 Exchange releases 111ade ·by
the Diatriot out o! storage lcom Ruedi Reaervoir, or other works or facilities of the Distriot, or. from other sources available to the District, shall be delivered to the Applicant at the outlet
worka of aaid atorage faoilitiee or at the decreed poi~t of
diversion for said other sources, and release or delivery of water
at such outlets or points shall oonstitute performance of the
District's total obligation, Delivery of water by the District
from Ruedi Reservoir shall be subject to the District's lease
contract with the United States Bureau of Reclamation. Releases
from other facilities available to District shall be subject to
the contracts, laws, rules, and re~ulations governing releases
therefrom. Furthermore, the District hereby expressly reserves
the right to store water and to make exchange releases from
structures that may be built or controlled by the District in the
future, so long as the water service to the Applicant pursuant to
this agreement is not impaired by said action. Any quantity of
the Applicant's allocation not delivered to or used by Applicant
by the end of each water year (December 31), shall revert to the
water supplies of the District. tiuch reversion shall not entitle
Applicant to any refund of payment made for such water.
Water service provided by the District shall be limited
to the amount of water available in priority at the original ,Point
of diversion of the District's applicable water right, and neither
the District, nor those entitled tp utilize the District's
decrees, may call on any greater amount at new or alternate points
of diversion. The District shall request the Colorado state
Engineer to estimate any conveyance losses between the original
point and any alternate point, and such estimate shall be deducted
from this amount in each case, Ths District, or anyone using the
District's decrees, may call on any additional sources of supply
that may be available at an alternate point of diversion, (though
not at th• original point of diveraion) only aa againat water
right• which are junior to th~ date of application for the
alternate point of diversion.
5, Alternate Point of Diversion and Plan of
Au<1mentation1 Decrees !or alternate points of diversion o! tne
Di8trlot•a water rights or storage water may be required in order
for Applicant to use the water service contemplated hereunder.
Obtaining such decree is the exclusive responsibility ot
Applicant. 'l'he district reserves the exclusive right to review
and approve any conditions which may be attached to judicial
approval of said alternate point of diversion as contemplated or
necessary to eerve Applicant's facilities or lands; Applicant
acknowledges and agrees that it shall be solely responsible for
the procedures and legal and engineering coats necessary for ·any
changes in water rights contemplated herein and further agrees to
indemnity the District from any coats or losses related thereto.
Applicant ia solely responsible tor providing works and facilities
necessary to obtain/divert the watera at said alternate point of
diversion and deliver them to Applicant'• intended beneficial use,
Irrespective of the amounti of water actually transferred to the
Applicant's point ot diversion, the Applicant shall make annual
payments to the District baaed upon the amount of water allotted
under this agreement.
In the event the Applicant intends to apply for an
alte;nate point of dive;sion and to develop an augmentation plan
and institute legal proceedings fo; the approval of such
augmentation plan to allow the Applicant to utilize the water
allott.ed to Applioanl: he;eunde;, the Applicant shall give ·the
Diet;iot written notice of euoh intent, In the event the
Applicant develops and adjudicates its own augmentation plan to
utilize the water allotted hereunde;, Applicant shall not be
obligated to pay any amount under pa;agraph 18 below. In any
event, the Diat;iot 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,
&. Annual Pavment 1 Annual payment tor the water
service de1ori6ad harelh shall be detormined by the Board ot
Dinotou of th• Dhtriot at a per acre-foot rate. The initial annual payment shall be made, £n full, within thirty (30) days
after the date of notico to th• Applicant that the initial payment
-2-
Annual payment foe the watec secvice deaccibed hecein
shall be detecmined by the Boacd of Dicectors of the Diatclct at a
per acce•foot rate. The Initial annual payment shall be made, in
full, within thirty (30) days after the date of notice to the
Applicant that the initial payment Is due. Said notice will
advise the Applicant, among other things, of the watec delivecy
yeac to which the Initial payment shall apply and the price which
is applicable to that year, Annual payments for each year
thereaftec shall be due and payable by the Applicant on or before
each Januacy l, If an annual payment ia not made by the due date,
wr It ten notice thereof will be sent by the District to the
Applicant at such addcess as may be deeignated by the Applicant in
writing, (If no addcess has been so designated in writing, then
said notice shall be sent to Applicant's address ·aat forth herein.
Water use for any pact of a water year shall require payment for
the entire water yeac, Nothing herein shall be construed ao as to
prevent the District from adjusting the annual cate in its sole
discretion for future years only,
It payment la not made within ten (lO) days after the
date of said wdtten notice, Applicant shall at District's sole
option have no further right, title or lntereet under this
contract without furthec notice and delivery may be immediately
ourtailed1 and the allotment of water, as heroin made, may be tcansfecred, leased, oc otherwise disposed of at the diaoretion of
the Board of Directors of the District,
7, Securlt~1 As security to the District, the
foregoing covenant o annual payments In advance of watec
delivery, will be fully met by annual budget and appropclation of
funds from such sources of revenues as may be legally available to
the Applicant. A• additional security to the District, the
Applicant will hold harmleas the Dlatcict and any person,
cocporation, quasi·govunmentd entity, or othe: governmen~al
entity, for discontinuance In service due to the failure of the
Applicant to maintain the payments herein contemplated on a
current basis,
Applicant agrees to defuy any out-of-pocket expenses
incurred by the District in connection with the allotment of water
rights hereunder, including, but not limited to, reimbursement of
legal and engineering costs incurred in connection with any water
rights and adjudication necessary to allow Applicant's use of auch
allotted water ri9hts,
8, Assi9nment1 'rhis asreement shall inuce to the
benefit of the helcs, succ,essocs or assigns ot the parties hereto,
except that no assignment shall be pecmitt•d in the event the
watet right allotted hereundec is to be used foe the benefit of
land which will be subdivided or otherwise held or owned in
sepacate ownecship interests by two (l) oc more users of the water
c ight allotted hereunder, In no evont shall the owner of a
poction, but lesa than all, of the Applicant's property to be
aecved under this oontnot, have Any rights hoceunder, Any
asaignment of the Applicant'• eights undac this contract shall be
aubjeot to, and must comply with, suoh cequicementa aa the
oistcict may heceafter adopt cegardin9 assignment of contract
rights and the assumption of contract obligations by uaignees and
succesaocs. Nothing herein ahall pcevent auccaaaocs to a portion
of Applicant's property fcom applying to the Distcict foe
individual and separate allotment contracts.
9, Othec: Rules1 Applicant shall be bound by the
provisions o! the Water Conservancy, Act of Colorador by the cules
and regulations of the Board of Dicactocs o! the Oiatciot1 and all
amendments thereof and supplements thereto and by all othec
applicable law,
10. Opeut.lon ~nd Malntenanot Ag•eemant1 Applicant •hall enter into an •Qpeca Ion and RatnEanano• A9ceemant• with the Oiatciot undec tonu and oonditiono dotecmlned by tho Board. of Directocs of th• District, if and when, tho Boacd of 1aid Di1tciot
determines in its sole discretion that such an agreement is
required. Said agreement may contain, but shall not be limited
to, provisions for additional annual monetary conaidention for
extension of District delivery services and for additional
administration, operation, and maintenance costs/ or for other
c.osts to the District which may arise through servicos made
available to the Applicant. ·
11, Chanae of Use1 The District reserves the exclusive
right to review, reapp<ove or disappcove any proposed change in
use of the water allotted hereunder, Any use other than that set
forth herein or any lease or sale of the water or water rights
allotted hereunder without the prior written approval of the
District shall be deemed to be a material breach of this contract,
12, Use and Place of Use 1 Applicant agrees to use the
water in the manner and on the property described in the documents
submitted to the District at the time this agreement is executed
(said documents are incorporated herein by this reference
thereto), or in any oporation and maintenance agreement provided
by Applicant. Any use other than as set forth thereon or any
lease or sale of the water or water rights herein, other than as
p8"mitted in paragr1ph 8 1bove, ehall be deemed to be • material
breach of this agreement.
13, 'l'i tlei It is understood and agreed that nothin9
herein shall be interpreted to give the Applic•nt any equitable or
leqal tee title interest in or to any water or water ciqhts
referred to h~rein,
14, Conservation 1 Applicant shall uae commonly
accepted conaervatlon pc1ctices with ceapect to the water and
w1ter d9hta herein,· and hereby a9reea to be bound by any
conservation plan adopted hereafter by the District for use of
District owned or controlled water or water eights,
·15. Restrictions1 Applicant shall restrict uses •s
follows (unless apecilic waivers are appended to this agreement),
Violation of these restrictions shall be doomed to be a material
'.;.;; bf 0 1~L"ch·, 0 e ·; ~h-t 0· 1.9 ~-· tlm~ n ~I · \~·::··~'(i;'-,"l . • ·. ·, ': )'>'. · ;·' 'J._ :_;,-·,::. :': ·· .-.,. ~
.!!!.!
Household
Domestic (includes lawn)
Livestock (c•ttle)
Irrigation
Annual Maximum Divorsion
1/3 acre toot
l -3 acre feet
l acre foot/100 head
2 • 3 acco toot/acre
16, Well Permit1 It Applicant intends to. divect
through a well, then Applicant must provide to District a copy of
Applicant's ·valid well permit before Di&tcict is obligated to
deliver any vater hereunder.
17, Repcesentations1 By executing this agceement,
Applicant agcees that he ls not relying on any legal or
en9 ineecing advice that he may believe he has received from the
Diatciot, Applioant further acknowledges that he ha• obtained all
neceasacy le9al and engineecing advice fcom his own soucc•• other
than the Dia tc let, Applicant fur thee acknowledges that the
Diatcict makes no guarantees, wacrant1es, oc aasurancea whatsoever
about the quantity oc quality of watec available pucsuant to this
aquement, Should the District be unable to provide the 'water
contcacted tor here~n~ no damages may be asaeased against the
District, nor may Applioant obtain a refund tcom the District • •
18. costs of Water Couct Filings Should the D1atc1ct, in its own d1ac,eeion 1 choose to IncIUoe Applicant's contcac~
hocein in a water oourt tiling for altecnate point of d1vecs1on
or pl&n ot augmentation, then Applioant hecoby agre .. to pay to
tho Dlotc1ot, when AHOGHd 1 an additional too repco1entin9 the D11triot•1 aotu1l ind co•Sonablo coats 1nd toaa toc Applicant'•
ahace ot the pcoooedin9,
I 19. Binding Aqreement1 This Agreement shall not be
complete nor binding upon the District unless attached hereto is
the form entitled "Application for Purchase of waters from the
West Divide Water Conservancy District• fully completed by
Applicant and approved by the District's engineer, Said
attachments shall by this reference thereto bo incorporated into
the terms of this agreement. ·
20. Warnin21 IT IS THE SOLE RESPONSIBILITY OF THE
APPLICANT TO OBTAIN A VALID WELL PERMIT OR O'l'HER WA'l'ER RIGH'l' IN
ORDER 'l'O DIVER'l' WA'l'ER, INCLUDING THE WATER ACQUIRED UNDER THIS
CON'l'RAC'l', IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN
'l'HE VALIDITY OF 'l'HE WELL PERMI'l' OR WATER RIGHT INCLUDING FILING
FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING
STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE
WATER TO BENEFICIAL USE ON A REG BASIS WITHOUT WASTE,
STA'l'E OF COLORADO
SS,
COUN'l'Y OF GARFIELD
/ The fo.~trumenJ:,_was a,ek~oyledged b~~me on
this ~ day 01>-~ , l~ by '£'/4,,:t-n-d C?'"~~
Witness my hand and official seal.
My commission expirea~9<---1 ~/
-z'Zfd ~~C,('ftz__j
Notary Pu61lo
ORDER
After a hearing by the Board of Directors of the west
Divide Water Conservancy District on the above application, it is
hereby ORDERED that said application be granted and this contract--
shall be and is accepted by the District,
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Olllou• West Divide Water Conservancy District
Presldent (3)3) 62S-123S
C..-1 "· llerrl<lau 700) C, R. YE
POST OFFICE BOX 1478
RIFLE, COLORADO 81650-1478
Rifle, Colonido 81({£)
Vio>-l'resldmt
~ D.irrett
926 Blake A.veaie
Gla><>Od Spso., Co Sl(Ql
&.:..fr-a./l»rer -Kn Ruth Benitlau
JOOJ C, R. 'm
Rifle, Colorado 81650 -fu>sell eoo...,
Sbmr&Coo...,P. C.
f\:et Office l!ox ro7
Rifle, Colorado 816~
Richard & Eldena Clouse
0450 C. R. 223
Rifle, Colorado 81650
Dear Mr. & Mrs. Clouse:
April 16, 1992
RE: Contract # 920406 -REC
Board ol Dlr9Ctort
Carl H. Bemklau
7fHJ C.R.r!J
Rifle, Colorado 816~
Gregory D.irrett
926 Blake Avenue
Gl.enl.«:d Spgs. I Co 81001
Joe 11:rutz 1 Jr,
6107 ltlgh.ey 133
Carbondale, Colo, 81623
Kelly c..ey
4745 C, R. 315
Silt, Colorado 81652
laVeme Startu:k
lSS'l C. R. 344
Silt, Colorado 81652
Enclosed please find your completed contract for augmentation/
exchange water from the West Divide Water Conservancy District,
Contract # 920406 -REC and receipt #2272 for same.
Copies of your completed contract have been submitted
to the following entities:
Colorado Division of Water Resources
Division #5 Water Resources
Garfield Department of Planning
Colorado River Water Conservation District
Your contract application has been reviewed by W.D.W.C.D.
Engineer and Attorney. If you have any questions please let
us know and when you get your up-dated well permit we would
appreciate a copy of it.
Nora.Ruth Bernklau
Water Manager, W.D.W.C.D.
Enc
c/c as above named