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HomeMy WebLinkAbout11.0 Rules Governing the Use & Maintenance of Westbank Ranch Irrigation Ditches 07.06.1978• • WESTBANK RANCH GOLF AND COUNTRY CLUB P. 0. Box 95 Glenwood Springs, Colorado 81601 July 6, 1978 Members of the Westbank Ranch Golf and Country Club Dear Members: The enclosed memorandum sets forth the rules which have been adopted by the Board of Directors to govern the use and maintenance of the Westbank irrigation ditches. The ruler. are effective as of this date. Please keep these for reference as they are, in effect, a part of the rights and obligations which go with your ownership of Westbank property. It is the policy of the Board to encourage the use of water from the ditches for all irrigation, lawn watering, etc., both to re- duce the cost of domestic water and to make good use of our abundant irrigation supply. The members of the Ditch Committee are Hall Stewart, Chairman, Norman Gould, Jack Wood and Dale Titus. Any problem with the ditches or the irrigation water supply may be taken up with any member, but the approval of the Committee must be obtained before any tap is installed, or any permanent use is made of the system. As soon as experience permits, the Board will fix a nominal charge to cover the cost of operating and maintaining the ditches. It is expected that when the Municipal Services District is formed and takes over both the ditches and the domestic water system, domestic water rates will be set at levels which will make it most economical for those having access to the ditches to use ditch water for irriga- tion. The Board strongly urges that those now having access to the ditches begin the use of ditch water as soon as possible. It is also expected that the Services District will make every reasonable effort to make ditch water available to all lots in Westbank, but that will require both time and money and cannot be completed this year. If you have any questions, please do not hesitate to call me or any member of the Committee. Sincerely yours, ------- CecilL. Duhn President CLD:rh Enclosure Exhibit N • • RULES GOVERNING THE USE AND MAINTENANCE OF WESTBANK RANCH IRRIGATION DITCHES The Westbank Ranch Golf and Country Club (WRGCC), formerly the Westbank Ranch Homeowners Association, has leased the ditch rights from the developer along with the golf course and other open spaces. WRGCC is, therefore, assuming the responsibility for the irrigation ditch system within the subdivision. The following rules have been adopted for the operation and maintenance of the ditches: 1. The ditches shall be under the jurisdiction of the WRGCC. 2. The WRGCC shall appoint a Ditch Committee to operate and maintain the ditches under the rules that shall be established by WRGCC. 3. The golf course shall have first priority to the water necessary for the maintenance and upkeep of the golf course and ponds. 4. Thereafter, each lot within Filings 1, 2 and 3 shall have an equal right to share where possible in the water remaining, but this shall not guarantee actual delivery of water by WRGCC nor impose a liability to deliver on WRGCC. S. It shall be a responsibility of WRGCC to formulate a design which will eventually provide a system of delivery to as many lots as possible in Filings 1, 2 and 3. 6. Every lot which uses water out of the ditches shall be sub- ject to a "Users Fee" in the form of a seasonal charge for water usage to be set by WRGCC. This will provide a fund to finance ditch repair and maintenance as required. 7. Each homeowner shall contact a member of the Ditch Committee prior to his initial withdrawal of wrter from the ditch. This procedure will help to minimize ditch failure, ditch seepage and similar occurences which would adversely affect other homeowners using the ditch. 8. Regarding existing users, it shall be the intent to allow such usage to continue even though they may not conform to all rules governing the future users. However, existing users may be required to make such changes as are deemed necessary to prevent an adverse effect on other homeowners. 9. General rules for users shall be: (a) Wasteful use shall not be permitted. • • (b) Ponds shall be for the prupose of providing a reasonable sump in which to install a pump for irrigation water supply, and not for storing water for decorative or other purposes. (c) Ponds shall be limited in size to accomplish item (b) and be agreed to by the Ditch Committee. (d) In general, ponds shall not be within the ditch course, but shall be supplied by the user's one tap. Ponds shall have a gravity return flow line to the ditch, or incorporate an appropriate high water cutoff. (e) Homeowners may not use any form of herbicide in or n.ar any ditch since such contamination could be damaging to plantings of homeowners downstream. 10. General Provisions: (a) WRGCC shall have the right to go onto any property along the ditch right-of-way for purposes of repair, maintenance and inspection. (b) No one shall place any object in the ditch course not approved by the Ditch Committee. (c) Lot owners are urged to keep the ditch course clean, trimmed and free of obstruction along each lot boundary. (d) No one shall tamper with or alter arty portion of the ditches proper, or any control or regulating device, except the parties of responsibility appointed by WRGCC. (e) No liability associated with the existence of the ditch system rests with WRGCC except for coordination of users' rights. HS/rh July 6, 1978 WESTBANK RANCH WATER SYSTEM Financial Statements, Normal Year, 1980 Capital Account These statements assume the complete development of the original filings (99 residences and the Clubhouse) and new plant in place for the upper bench and Hilvue areas, - $150,000.00. Assets: Robertson Ditch Rights(1) Depreciable Property(2) Original Plant 95,800 Depreciation 16,675 Well No. 3 7,085 Depreciation 709 Well No. 4 34,100 Depreciation 2,566 New Storage 20,000 Depreciation 1,000 New Plant Total Depreciable Property Total Assets Liabilities:(3) Note Payable 150,000 79,125 6,376 31,534 19,000 $125,000 286,035 411,035 50,000 Net Worth $361,035 Exhibit 0 Revenue: Domestic Service Irrigation Operating Expenses: Depreciation Old System Old Wells New System OPERATING STATEMENT $2,895 2,060 3,750 $39,600 4,800 8,705 Ditch Operation 2,500 Pumping Power 7,500 Pump Maintenance 1,500 System Maintenance 1,500 Meter Reading & Billing 3,600 Misc. General Expense 1,800 Supervision 3,000 Total 30,105 Non -Operating Expense: Debt Retirement Auditing 6,363 500 6,863 • $44,400 Total Expense 36,968 Net to Surplus $ 7,432 NOTES TO CAPITAL ACCOUNT: (1) The basic (1882) right on the Robertson ditch is three second feet, or 1,267 acre feet during a seven month (April - October) season. At $15 per acre foot, the cost of Ruedi Reservoir water, this entitlement has an annual value of $19,005. Capitalized at 15 percent this volume has a value of $126,700, rounded to $125,000. (2) Depreciation Rates Distribution System - 40 year straight line = 2.5% annually Storage - Same Wells and Pumps - 20 year straight line = 5% annually. (3) Note to Westbank Ranch No. 1, Ltd. This is a purchase money note in a negotiated amount, payable in equal monthly installments over ten years with interest at 5 percent per annum.