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HomeMy WebLinkAbout2.0 Correspondence & Conditions1 1 L/1 V V/1 I L WATER MEASURING WEIR PARTIALLY EXPOSED 4" PVC ^ IRRIGATION PIPE 10' X 9.5' METAL SHED ---.Y kRTIALLY EXPOSED 4" PVC IRRIGATION PIPE JK WITH PUMP ;D IRRIGATION) 20' X 18' LOG OUT 6U1I_DIN( — B.4' METAL SHED --)=3 7.83 ACRE PARCEL WATER WELL INSIDE OF SHED 207.82' FROM EAST LINE OF SEC. 31 '5.99' FROM NORTH LINE OF SEC. 31 WOOD FENC (74 _CENTERLINE OF DITCH CENTERLINE OF E. LATERAL FARMERS j IRRIGATION COMPANY DITCH CONCRETE CISTERN WITH 3.4' X 3.4' IRON LID END OF 36" CULVERT - CI? J T ELEPHCNE SERVICE BOX 11' X 6' TREEHOUSE - CONCRETE WALK 2 STORY HOME 35' X 28' 2ND. STORY PORCH - PROPOSED O.S.W.T.S. (CONCEPTUAL LOCATION AND SIZE) DRiVA:144 ,1 Y 100' RADIUS77!OPOSEDWELL NGLE- FAMILY RESIDENC 1,387 .-6' X 6.5' SHED ■ SQ.FT- PROPANE TANK / ifk 20.8' X 14' CONCRETE SAB - _x_X_x x x x SOR'S PARCEL # 2125-311-00-161 1, RAUMAN SUBDIVISION EXEMPTION RUSSELL & ROSE RAUMAN COVERED ENTRY -WAY he WAY TELEPHONE PEDESTAL PO OR/vFkvq y PROPERTY BOUNDARY RETAINING WALL--/ 5 MAILBOXES✓ 13.2' X 10.4' WOOD -FRAMED SHED <1/ 100' 14' X 10.2' ! METAL SHED 19.1' X 9.6' CONCRETE SLAB SET 1-1/2" ALUMINUM CAP P.E. & P.L.S. 28036 36' PROPERTY BOUNDARY ai x x ❑rye_ TELEPHONE SERVICE BOX x x` OHE TELEPHONE PEDESTAL 8 COUNTY ROAD 25n 8/17/2015 Get your Air Chek radon test results online Search. National radon levels HOME RADON FACTS YOUR RADON LEVELS RADON TEST KITS RADON RESOURCES CONTACT INFO HOME > Your Radon Levels > ONLINE TEST RESULTS Test Number: Ok L Help__ Online Test Results Test Number: 8036403 Result: 0.9 pCi/I • This test was received for analysis on 08/12/2015 • The total exposure time was 94 hours • Starting on 08/05/2015 at 8:00 pm • Ending on 08/09/2015 at 6:00 pm EPA Recommendations The US EPA action level for indoor radon is 4.0 pCI/L. The EPA indicates that there is little short-term risk with test results in this range (0.6 to 1.9 pG/L). However, because radon levels fluctuate daily, as well as seasonally, you may want to retest during another season. Additionally, if you make any structural changes or start to use a lower level of the building more frequently, you should test again. Click here for EPA Radon Publications Printed Reports? Your formal written report is being mailed to the address entered into our computer when the test kit was first purchased...OR...to the address that may have been printed on the sample packet by the end user. You may use your Browser's print function to print out this abbreviated report or you have the option of calling or faxing our office to request a faxed copy. Additionally, you may click this link to send your request directly to our server's mail box. Click here to contact your state radon office http://www.radon.com/radon/radon_results.htrni 1/2 8/17/2015 Get your Air Chek radon test results online 800 -AIR -CH EK (800-247-2435) • Hours: 8:30-5:30 Eastern lime, Monday - Friday Copyright © 2009 Air Chek. Inc. All rights reserved. http://www.radon.com/radon/radon_results.html 2/2 Glenn Hartmann From: Edna Place Sent: Monday, May 04, 2015 1:09 PM To: Glenn Hartmann Subject: FW: Letter for Garfield County Glenn, Here is the email from Ray's Well Done Pump Service, LLC Thank you, Edna Date: Mon, 4 May 2015 12:44:02 -0600 Subject: Re: FW: Letter for Garfield County From: welldonepumps@Ogmail.com To: mshaybalerOhotmail.com Edna & Garfield County Community Development Department, Please be advised the well located at 2010 C.R. 250, Silt, CO, has been producing adequate water for 25 years for two homes. This well historically provided both homes water until one of the residences burned down. The well continues to produce the required amount of water for two homes. If there are further questions regarding this issue, please contact me. Thank you, Ray Latham Ray's Well Done Pump Service, LLC 970-379-8017 welldonepumps(algmail.com<mailto:welldonepumpsOgmail.com> 1 WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICATION TO LEASE WATER 818 Taughenbaugh Blvd. #101, P. 0. Box 1478, Rifle, CO 81650 970-625-5461 water@wdwal.org 1. APPLICANT INFORMATION Name: Edna Elaine Place Mailing address: 2010 Rd 250 Silt, CO 81852 Telephone: 970-876-2806 Email: mshyabaler1 hotmail.cam Authorized agent: 2. COURT CASE #s: Decree Case No. Augmentation Plan Case No. 3. USE OF WATER RESIDENTIAL Number of main residences: 1 Subdivision: No. constructed units: Hoole garden/lawn irrigation of 600 Method of irrigation: flood_ sprinkler X Non-commercial animal watering of 4 Fire Protection Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: No. ADU's 1 No. vacant lots total sq. ft. other animals Well Sharing Agreement for multiple owner wells must be submitted. If greater than twoowners, application must be made under a homeowners association. COMMERCIAL. Number of units: Total sq. fl. of commercial units: Description of use: INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: DIRECT PUMPING Tributary: Location: 4. SOURCE OF WATER Structure: Structure Name: Source: surface storage ground water Current Permit # 141307 from 1985 (attach copy) 5. LOCATION OF STRUCTURE Garfield County Section NE Quarter/quarter 5S 91W Township Range Distance of well from section Iines: NE Quarler6th P. M. Elevation: Well location address: 2010 Rd 250 Silt. CO 81652 (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an attachment) See Attached Ntunber of acres in tract: Appox. 7.4 Inclusion into the District, at Applicant's expense, may be required. 7.TYPE OF SEWAGE SYSTEM Septic tank/absorption leach field X Central System Other District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 1 acre foot (minimum of 1 acre foot except augmentation from Alsbury Reservoir where a lesser amount is allowed) Provide engineering data to support volume of water requester. Conunerciet municipal, and industrial users roust provide diversion and consumptive data on 0 monthly basis. A totalizing flow ureter with remote readout is required to be installed and usage reported to West Divide. Applicant expressly acknowledges it has had the opportunity to review the District's form {Pater Allotment Contract and agrees this application is made pursuant and subject to the terms and conditions contained Therein, Applicant ignature .1 Applicant Signature Application Date: 4161,1 ws- ISSUED AS AREA B CONTRACT YES NO Printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District. Fonn : WDWCD 2014 APPLICATION State of Colorado Water Resources - View Well Details: Receipt 0253586 Page 1 of 1 Colorado Department of Natural Resources Colorodo.gov 1 Contact Us a.16.rtaala )ivilal )r] coif Colorado's Well Permit Search Well Constructed Receipt: 0253586 Division: 5 Permit #: 141307- - Water District: 39 Well Name / #: County: GARFIELD Designated Basin: Management District: Case Number: WDID: Last Refresh: 4/6/201512:01:13 AM [-] Applicant/Owners History Date Range Applicant/Owner Name Unknown - Present ]ONES PLACE EDNA E Address 2010 COUNTY ROAD 250 City/State/Zlp SILT, CO 81652 t [ ] Location Information Approved well Location: Q40 Q160 Section Township Range PM Footage from Section Lines NE NE 31 5,05 91.0W Sixth 382 N 254 E Northing (UTM y): 4384128.4 Fasting (UTM x): 273247.7 Location Accuracy: User supplied Physical Address Subdivision Name City/State/Zip Filing Biodc Lot Parcel ID: 23-2125-311-00-044 Acres In Tract: 6 1 f -] Permit Details Date Issued: 09/17/1985 Use(s): HOUSEHOLD USE ONLY Spedal Use: Area which may be Irrigated: Maximum annual volume of appropriation: Statute: Date Expires: Aquifer ALL UNNAMED AQUIFERS (s); Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No Cross Reference Permit Number Receipt Descdpdon Permit(s): Comments:Only well on 6.0 acres, being the North 6 acres of the E 1/2, NE 1/4, NE 1/4, Sec 31, Twp 5 S, Rng 91 W, 6th. Limit use to HUO, being 1 SFD & no outside uses. Tax #R200180. Phy adderess: 2008 CR 250, Silt, CO. dm 1/17/07 No No [-] Construction/Usage Details Well Construction Date: 04/11/1986 Well Plugged: Pump Installation Date: ist Beneficial Use: Elevation Depth Perforated Casing (Top) Perforated Casing (Bottom) Static Water Level Pump Rate 145 65 2.3 Lic # Name Address Phone Number Driller 1039 KUCHLER, RICHARD A. BOX 1969 MONTROSE, CO 91402 970-2494049 [- J App 11 ca Li on/ Permit History Well Construction Report Received 01/15/1988 Well Constructed 04/11/1986 Permit Issued 09/17/1985 Application Received 03/13/1985 [-] Imaged Documents 1 Document Name Date Imaged Annotated Original File 12/05/2007 No Maas. Deeds & Legal Descriptions 11/27/2007 No Copyright ® 2009 Colorado Division of Water Resources. All rights reserved. Home i Contact Us 1 Help i Water Links i Cdorado gov 1 DNR 1 Privacy Policy 1 Transparency Online Project (TOP) http://www.dwr.state.co.us/WellPermitSearch/View.aspx?receipt=0253586 4/6/2015 LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN SECTIONS 30 AND 31, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD COUNTY, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH EAST CORNER OF SECTION 31; WHENCE THE NORTH QUARTER CORNER OF SECTION 31 BEARS S89°51'24"W A DISTANCE OF 2677.96 FEET; THENCE ALONG THE EAST LINE OF SECTION 31 S01°50'41"W A DISTANCE OF 422.12 FEET; THENCE N90°00'00"W A DISTANCE OF 669.28 FEET TO A POINT ON THE WEST LINE OF THE EAST% OF THE NE 14, NE % OF SECTION 31; THENCE ALONG THE WEST LINE OF THE EAST% OF THE NE '4, NE 'A OF SECTION 31 N01°49'24"E A DISTANCE OF 420.44 TO THE NORTH SECTION LINE OF SECTION 31; THENCE N00°00'00"W A DISTANCE OF 1.06 FEET TO A POINT ON THE CENTERLINE OF COUNTY ROAD 250; THENCE THE FOLLOWING TWELVE COURSES ALONG SAID COUNTY ROAD 250; 1. N88°50'53"E A DISTANCE OF 41.78 FEET; 2. THENCE 33.01 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 216.22 FEET, AN INCLUDED ANGLE OF 8°44'54", AND THE CHORD BEARS N84°28'26"E A DISTANCE OF 32.98 FEET; 3. THENCE N80°05'59"E A DISTANCE OF 9.76 FEET; 4. THENCE 74.71 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 187.93 FEET, AN INCLUDED ANGLE OF 22°46'39", AND THE CHORD BEARS N68°42'39"E A DISTANCE OF 74.22 FEET; 5. THENCE N57°19'20"E A DISTANCE OF 87.04 FEET; 6.THENCE 105.79 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 602.99 FEET, AN INCLUDED ANGLE OF 10°03'06", AND THE CHORD BEARS N62°20'53"E A DISTANCE OF 105,65 FEET; 7.THENCE 50.26 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 331.01 FEET, AN INCLUDED ANGLE OF 8°42'02", AND THE CHORD BEARS N71°43'27"E A DISTANCE OF 50.22 FEET; 8. THENCE N76°04'28"E A DISTANCE OF 16.82 FEET; 9.THENCE 96.72 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 171.29 FEET, AN INCLUDED ANGLE OF 32°21'06", AND THE CHORD BEARS S87°44'59"E A DISTANCE OF 95.44 FEET; 10 THENCE S71°34'26"E A DISTANCE OF 75.71 FEET; 11. THENCE 98.05 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 381.71 FEET, AN INCLUDED ANGLE OF 14°43'05", AND THE CHORD BEARS S64°12'54"E A DISTANCE OF 97.78 FEET; 12. THENCE 42.58 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 105.10 FEET, AN INCLUDED ANGLE OF 23°12'40", AND THE CHORD BEARS S45°15'01"E A DISTANCE OF 42.29 FEET TO A POINT ON THE EAST SECTION LINEOF SECTION 30; THENCE LEAVING SAID CENTERLINE S00°00'00, W A DISTANCE OF 47.87 ALONG THE EAST LINE OF SECTION 30 TO THE POINT OF BEGINNING. THE DESCRIBED PARCEL OF LAND CONTAINS 7.83 ACRES MORE OR LESS. THE PARCEL MAY BE SUBJECT TO EASEMENTS OR RIGHTS-OF-WAY FOR COUNTY ROAD 250 AND THE EAST LATERAL OF THE FARMERS IRRIGATION COMPANY DITCH (ALONG WITH ITS ASSOCIATED DITCH ACCESS ROAD). RECORDED DOCUMENTS FOR SAID EASEMENTS OR RIGHTS-OF-WAY DURING THE PREPARATION OF THIS DOCUMENT WERE NOT LOCATED IN THE PUBLIC RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE: LEGAL DESCRIPTION PREPARED JANUARY 8, 2014 BY: MICHAELJ. GAMBA P.E. & P.L.S. GAMBA & ASSOCIATES, INC. 113 NINTH STREET, SUITE 214 GLENWOOD SPRINGS, CO 81602 PHONE: (970) 945-2550 MESA COUNTY HEALTH DEPARTMENT Wareing Together Para Healthy Contaronity Customer Place, Edna 2010 250 Rd Silt, CO 81652 Mesa County Health Department Regional Laboratory 510 29.5 Rd, Grand Junction, CO 81504 US Mail: PO Box 20,000, Grand Junction, CO 81502-5033 (970) 248-6999 fax (970) 683-6608 http://health.mesacounty.us/lab Sample Invoice # 850-15 Date Time Collected By Collected 4/5/2015 6:15 PM EP System Private Well Received 4/6/2015 1:52 PM 2010 250 Rd Matrix Drinking Water Silt CO 81652 Purpose Personal Info Chlorine Location Bathtub Faucet Comments Test Name Total coliforms PA Result ABSENT Coliform/ABSENT E. coli or Tess than one (<1), indicates a microbiologically safe sample 4/7/2015 9:30:03 AM Invoke for Water Sampling Services Date Received Payment Type Due Date , Amount Paid Ballance 4/6/2015 I Cash 5/6/2015 $20.00 $0.00 Customer: (771) Place, Edna Amount Enclosed MCHD Regional Lab PO Box 20,000 Grand Junction, CO 81502-5033 Detach and mail this portion with payment Invoice # 850-15 If paying for multiple samples, write Invoice #'s below: Check (Payable to MCHD) ® Credit Card: Visa Mastercard Name on Card: Billing Address: Credit Card #: Expiration Date: Security Code: State of Colorado Water Resources - View Well Details: Receipt 0253586 Page 1 of 1 Colorado Department of Natural Resources �t'ntar8J J � 17 7�'.)}] uif u 1' ° `' " J' c G 1'cu Colorado's Well Permit Search Well Constructed Receipt: 0253586 Division: 5 Penult #: 141307- - Water District: 39 Well Name / #: County: GARFIELD Designated Basin: Management District: Case Number: WDID: [-] Applicant/Owners History Date Range Unluwwn - Present Applicant/Owner Name ]ONES PLACE EDNA E [-] Location Information Address 2010 COUNT' ROAD 250 E Help... Last Refresh: 4/6/2015 12:01:13 AM City/State/Tip SILT, CO 81652 Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines NE NE 31 5.05 91.0W Sixth 382 N 254 E Northing (UTM y): 4384128.4 Location Accuracy: User supplied Easting (UTM x): 273247.7 Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: 23-2125-311-00-044 Acres In Tract: 6 [ - j Permit Details Date Issued: 09/17/1985 Date Expires: Use(s): HOUSEHOLD USE ONLY Special Use: Area which may be irrigated: Maximum annual volume of appropriation: Statute: Aquifer UNNAMED AQUIFERS (s): Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): Comments:Only well on 6.0 acres, being the North 6 acres of the E 1/2, NE 1/4, NE 1/4, Sec 31, Twp 5 S, Rng 91 W, 6th. Limit use to HUO, being 1 SFD & no outside uses. Tax #R200180. Phy adderess: 2008 CR 250, Silt, CO. dmw 1/17/07 [-] Construction/Usage Details Well Construction Date: 04/11/1986 Well Plugged: Pump Installation Date: 1st Beneficial Use: Elevation Depth Perforated Casing (Top) Perforated Casing (Bottom) Static Water Level Pump Rate 145 65 23 Llc # Name Address Phone Number Driller 1039 KUCHLER, RICHARD A. BOX 1969 MONTROSE, CO 81402 970F249-4048 [-] Application/Permit History Well Construction Report Received 01/15/1988 Well Constructed 04/11/1986 Permit Issued 09/17/1985 Application Received 03/13/1985 [ [-] Imaged Documents Document Name Date Imaged Annotated Original File 12/05/2007 No MaDs. Deeds & Legal Descriptions 11/27/2007 No Copyright ® 2009 Colorado Division of Water Resources. All rights reserved. Home 1 Contact Us 1 Help 1 Water Links 1 Colorado.gov 1 DNR 1 Privacy Policy 1 Transparency Online Project (TOP) http://www.dwr.state.co.us/WellPermitSearchlView.aspx?receipt=0253586 4/6/2015 LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN SECTIONS 30 AND 31, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD COUNTY, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH EAST CORNER OF SECTION 31; WHENCE THE NORTH QUARTER CORNER OF SECTION 31 BEARS S89°51'24"W A DISTANCE OF 2677.96 FEET; THENCE ALONG THE EAST LINE OF SECTION 31 S01°50'41"W A DISTANCE OF 422.12 FEET; THENCE N90°00'00"W A DISTANCE OF 669.28 FEET TO A POINT ON THE WEST LINE OF THE EAST % OF THE NE %, NE % OF SECTION 31; THENCE ALONG THE WEST LINE OF THE EAST Y2 OF THE NE' , NE % OF SECTION 31 N01°49'24"E A DISTANCE OF 420.44 TO THE NORTH SECTION LINE OF SECTION 31; THENCE N00°00'00"W A DISTANCE OF 1.06 FEET TO A POINT ON THE CENTERLINE OF COUNTY ROAD 250; THENCE THE FOLLOWING TWELVE COURSES ALONG SAID COUNTY ROAD 250; 1. N88°50'53"E A DISTANCE OF 41.78 FEET; 2. THENCE 33.01 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 216.22 FEET, AN INCLUDED ANGLE OF 8°44'54", AND THE CHORD BEARS N84°28'26"E A DISTANCE OF 32.98 FEET; . 3. THENCE N80°05'59"E A DISTANCE OF 9.76 FEET; 4. THENCE 74.71 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 187.93 FEET, AN INCLUDED ANGLE OF 22°46'39", AND THE CHORD BEARS N68°42'39"E A DISTANCE OF 74.22 FEET; 5. THENCE N57°19'20"E A DISTANCE OF 87.04 FEET; 6.THENCE 105.79 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 602.99 FEET, AN INCLUDED ANGLE OF 10°03'06", AND THE CHORD BEARS N62°20'53"E A DISTANCE OF 105.65 FEET; 7.THENCE 50.26 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 331.01 FEET, AN INCLUDED ANGLE OF 8°42'02", AND THE CHORD BEARS N71°43'27"E A DISTANCE OF 50.22 FEET; 8. THENCE N76°04'28"E A DISTANCE OF 16.82 FEET; 9.THENCE 96.72 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 171.29 FEET, AN INCLUDED ANGLE OF 32°21'06", AND THE CHORD BEARS 587°44'59"E A DISTANCE OF 95.44 FEET; 10 THENCE 571°34'26"E A DISTANCE OF 75.71 FEET; 11. THENCE 98.05 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 381.71 FEET, AN INCLUDED ANGLE OF 14°43'05", AND THE CHORD BEARS S64°12'54"E A DISTANCE OF 97.78 FEET; 12. THENCE 42.58 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 105.10 FEET, AN INCLUDED ANGLE OF 23°12'40", AND THE CHORD BEARS S45°15'01"E A DISTANCE OF 42.29 FEET TOA POINT ON THE EAST SECTION LINE OF SECTION 30; THENCE LEAVING SAID CENTERLINE S00°00'00"W A DISTANCE OF 47.87 ALONG THE EAST LINE OF SECTION 30 TO THE POINT OF BEGINNING. THE DESCRIBED PARCEL OF LAND CONTAINS 7.83 ACRES MORE OR LESS. THE PARCEL MAY BE SUBJECT TO EASEMENTS OR RIGHTS-OF-WAY FOR COUNTY ROAD 250 AND THE EAST LATERAL OF THE FARMERS IRRIGATION COMPANY DITCH (ALONG WITH ITS ASSOCIATED DITCH ACCESS ROAD). RECORDED DOCUMENTS FOR SAID EASEMENTS OR RIGHTS-OF-WAY DURING THE PREPARATION OF THIS DOCUMENT WERE NOT LOCATED IN THE PUBLIC RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE. LEGAL DESCRIPTION PREPARED JANUARY 8, 2014 BY: MICHAEL J. GAMBA P.E. & P.L.S. GAMBA & ASSOCIATES, INC. 113 NINTH STREET, SUITE 214 GLENWOOD SPRINGS, CO 81602 PHONE: (970) 945-2550 7 3 WDWCD GeoLocation: (39.577014, -107.63878399999998) Functions Geo lookup: enter your GeoLocation and click Go. Legend 1 District Boundariest Alsbury Reservoir service area Fourmile service area 'Silt Mesa service area t 1 Rifle Creek and Elk Creek service area Colorado River service area t Includes the Bluestone. Silt and West Page 1 of Name of Applicant: WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Edna Elaine Place Quantity of Water in Acre Feet: 1 acre foot Contract #S150423EP(a) Map # S77 Date Activated 4/23/15 Applicant, hereby applies to the West Divide Water Conservancy District. a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, Section 37-45-101. et seq.. (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. if Applicant intends to divert through awell, it must be understood by Applicant that no right to divert exists until a valid welt permit is obtained from the Colorado Division of Water Resources. 2. Ouantitv: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall he used for the following beneficial use or uses: industrial, municipal, domestic and related uses. or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir. Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green 1 Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws. rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end ofeach water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees. tray call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water. rights or storage water may he required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees 10 indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall stake annual payments to the District based upon the amount of water- allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder. the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. in any event. the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and oral] pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge. in the amount determined by the Board of Directors of the District from time to time. shall be submitted with the application for consideration by the District. 2 Annual payment for. the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. if payment is not made with in fifteen (15) days atter the date of said written notice. Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water. as herein made, may be transferred, teased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources niay then order cessation of all water use, 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including. but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. . 8. Assignment: This Contract shall not inure to the benefit of the heirs. successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with. such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership. the Applicant may only assign the Applicant's rights hereunder to: I) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion. but less than all. of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real property to which this Contract pertains. Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 3 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act ofColorado; by the rules and regulations of the Board of Directors of the District: and all amendments thereof and supplements thereto and by all other applicable law. d. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain. but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: 'fhe District reserves the exclusive right to review. re -approve or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the properly described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinary household purposes, the watering of domestic livestock. fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well pennit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring, Device or Meter: Applicant agrees to provide, at its own expense. a measuring device deemed acceptable by the District's Engineer after consultation. or a totalizing flow meter with remote readout to continuously and accurately measure al all tines all 4 water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings font such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtaired all necessary legal and engineering advice from Applicants own sources other than the District. Applicant further acknowledges that the District makes no guarantees. warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically' to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water Front West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further tenns and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIG IT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CON'T'INUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY op THE WELL PERMIT' OR WATER RIGI1'1'INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELLCOMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANT'S WELL OR OTHER WATER RIGI IT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THiS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DIS'T'RICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT"S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER 5 SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS ISA CONCERN TO APPLICANT. THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Edna E. Place (k ,y.k,p GAn4G �Q�v� e PECIC/2_ Applicant Applicant STATE OF 00/0 t` do COUNTY OF Ga Wt. '4i The foregoing instrument w L �dFGt t/e,; 6 P/6 as ) ss. acknowledged before me on this 7' day of j fi / , 20 l I ;- STATE OF _ } ss. COUNTY OF ) Witness my hand and officiate eal. My commi.,. io xpires: BRENDA LILLY 57gr TA PUBLIC Nn' OrATE COLORADO M commission Expires#24 a ,aU 28 2018 , by rilrEirdr Not'ry Pub tc The foregoing instrument was acknowledged before me on this day of Witness my hand and official seal. My commission expires: . 20 , by Notary Public ORDER After a hearing by the Board of Directors of the Wcst Divide Water Conservancy District on the Application, it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District. WEST DIVIDE WATER O :RVANCDISTRICT ice "i"( President //DS ( Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: I. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District. Form: Vt'DWCD 01-01-08 CONTRACT. 6 West Divide Water Conservancy District -Silt Interconnect' 818 Taug,henbaugh Blvd., #101 P. 0. Box 203 (970)-625-5461 Rifle., C081650 water@wdwal,org Bill To Edna E. Place 2010 Road 250 Silt, CO 81652 INVOICE for 2016 Date Invoice 4/6/2015 1675 Please reference the Invoice #. On Your•thegic. Contract # S150423EP(a) "O. Acre Feet Rate Identification 1 Domestic Description Quantity Rate Amount Administration Fee Recording Fee Domestic Water Usage Augmentation Plan Edna Place Don Place 2010 County Road 250 Silt, CO 81652 970-876-280E Sr4 020/1Arlisffe Cheek. 141347141 wwwartIstkcback*.tom 12/97 82-34E11421 250.00 250.00 20.00 20.00 175.00 175.00 165.00 165.00 2651 ' ALPINE 100 EAST ATI-FSTAErr.----,. - §166o Payment due .upon receipt. Thank you. On any shared well non-payment of any portion of the fees due deems the whole contract cancelled. Total $610.00