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O L O R A D O
WELL PERMIT NUMBER
89623-F
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Division of Water Resources
Department of Natural Resources
RECEIPT NUMBER
10038749
ORIGINAL PERMIT APPLICANT(S) APPROVED WELL LOCATION
CHRISTOPHER PORTER Water Division: 5 Water District: 39
Designated Basin: N/A
Management District: N/A
County: GARFIELD
Parcel Name: PANORAMIC MESA
Lot: 8, 9, 10, 11 Block: Filing:
Physical Address: 476 PANORAMIC DRIVE SILT, CO 81652
NW 1/4 SE 1/4 Section 36 Township 5.0 S Range 92.0 W Sixth P.M.
UTM COORDINATES (Meters. Zone:13. NAD83)
Easting: 271309.0 Northing: 4383419.0
PERMIT TO USE AN EXISTING WELL
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not
ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking
relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a
variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2), on the condition that this well is operated in accordance with the West Divide Water
Conservancy District Augmentation Plan approved by the Division 5 Water Court in case no. 05CW296. If this well is not
operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting
water. This well is known as Porter Well (aka Upper Pan Subdivision Well), WDWCD contract # 240919UPS(a), WDID (TBD).
4) Approved for the installation of a pump in, and the use of, an existing well, constructed on 2/29/2024, to a depth of 163 feet,
under permit no. 333520 (canceled). Issuance of this permit herby cancels permit no. 333520.
5) The use of groundwater from this well is limited to ordinary household purposes inside four (4) single-family dwellings, four (4)
accessory dwelling units, the irrigation of not more than 5,600 square feet (1,400 square feet per lot) of home gardens and
lawns, and the watering of 16 head (4 head per lot) domestic animals.
6) The pumping rate of this well shall not exceed 15 GPM.
7) The annual amount of groundwater to be withdrawn shall not exceed 3.69 acre-feet (1,202,386 gallons).
8) The owner shall mark the well in a conspicuous location with the well permit number and name of aquifer as appropriate, and
shall take necessary means and precautions to preserve these markings.
9) This well shall be located not more than 200 feet from the location specified on this permit.
10) This well shall be located more than 600 feet from any existing well, completed in the same aquifer, that is not owned by the
applicant.
11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions
must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
NOTE: Parcel Identification Number (PIN): 23-2127-364-00-014
NOTE: Assessor Tax Schedule Number: R200143
NOTE: This permit will expire on the expiration date unless the well is constructed and a pump is installed by that date. A Well
Construction and Yield Estimate Report (GWS-31) and Pump Installation and Production Equipment Test Report (GWS-32) must
be submitted to the Division of Water Resources to verify the well has been constructed and the pump has been installed. A
one-time extension of the expiration date may be available. Contact the DWR for additional information or refer to the
extension request form (GWS-64) available at: dwr.colorado.gov
Printed 11-04-2024 For questions about this permit call 303.866.3581 or go to https://dwr.cotorado.gov Page 1 of 2
WELL PERMIT NUMBER 89623-F RECEIPT NUMBER 10038749 1
Date Issued: 11 /4/2024
Issued By DWIGHT WHITEHEAD Expiration Date: 11 /4/2025
Printed 11-04-2024 For questions about this permit call 303.866.3581 or go to https://dwr.cotorado.gov Page 2 of 2
WELL SHARING, WATER DELIVERY SYSTEM
AND EASEMENT AGREEMENT
THIS WELL SHARING, WATER DELIVERY SYSTEM, AND EASEMENT
AGREEMENT ("the "Agreement") is made as of the _ day of January 2025, between Jennifer
Wells and Stephen Wells, Christopher Porter, Derek Grangroth and Darla Grangroth, and Teresa
Murphy, Steven Murphy, and Megan Lamb (collectively the "parties" or "Parties").
WITNESSETH:
WHEREAS, Jennifer Wells and Stephen Wells ("Wells") are the owners of certain
property located in Garfield County, Colorado, with the address of 540 Panoramic Dr., Silt,
Colorado, 81652, Garfield County Assessor Record No. R200055, which is adjacent to the
properties owned by the other parties to this Agreement;
WHEREAS, Christopher Porter ("Porter") is the owner of certain property located in
Garfield County, Colorado, with the address of 476 Panoramic Dr., Silt, Colorado, 81652,
Garfield County Assessor Record No. R200143, which is adjacent to the properties owned by the
other parties to this Agreement
WHEREAS, Derek Grangroth and Darla Grangroth ("Grangroth") are the owners of
certain property located in Garfield County, Colorado, with the address of 475 Panoramic Dr.,
Silt, Colorado, 81652, Garfield County Assessor Record No. R200142, which is adjacent to the
properties owned by the other parties to this Agreement;
WHEREAS, Teresa Murphy, Steven Murphy, and Megan Lamb ("Murphy/Lamb") are
the owners of certain property located in Garfield County, Colorado, with the address of 534
Panoramic Dr., Silt, Colorado, 81652, Garfield County Assessor Record No. R200199, which is
adjacent to the properties owned by the other parties to this Agreement;
WHEREAS, this Agreement relates to the joint use, operation, maintenance, and repair of
the Porter Well (aka Upper Pan Subdivision) Well (the "Well") storage tank and delivery system,
as described below for domestic purposes on each of the parties' respective properties (also
referred to herein as their "lots") referenced above, a copy of the well permit is attached as
Exhibit A;
WHEREAS, Porter is the record owner of the Well permitted by Well Permit No. 89623-
F issued by the Colorado Department of Natural Resources, Office of the State Engineer, which
allows for use of the Well for ordinary household purposes inside four single-family dwellings,
four accessory dwelling units, the irrigation of not more than 5,600 square feet (1,400 square feet
per lot) of home gardens and lawns, and the watering of 16 head (4 head per lot) domestic
animals with a total pumping rate of 15gpm;
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WHEREAS, the Well was drilled on the lot owned by Porter and is currently being
utilized on the lots owned by the Parties for domestic, irrigation, and domestic animal water uses
in connection with all four lots;
WHEREAS, there is a 2,500 gallon storage tank (the "Storage Tank") located on the
Wells lot, which stores water currently being utilized on the lots owned by the Parties for
domestic, irrigation, and domestic animal water uses in connection with all four lots;
WHEREAS, water is delivered from the Well to the Storage Tank via an underground
pipeline and distributed to the Parties via separate pipelines;
WHEREAS, the Well is augmented by a West Divide Water Conservancy District
Contract (the "West Divide Contract") No. 240919UPS(a) in the name of Christopher Porter that
must be paid annually;
WHEREAS, the parties desire to enter into an agreement wherein they will equally share
the use and expenses of the Well, Storage Tank, West Divide Contract and delivery system for
their respective properties; and
WHEREAS, it is the intent of the undersigned to memorialize certain rights appurtenant
to the properties concerning the location, construction, use, maintenance, repair and/or
improvement of the Well, Storage Tank, and related pipelines and equipment.
NOW, THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
undersigned hereby state, covenant and declare as follows:
1. Physical Infrastructure and Grant of Easement.
a. The Well has been drilled and is operating on the lot owned by Porter and
buried delivery pipes have been installed from the Well to the Storage
Tank and then from the Storage Tank to the residences constructed on the
lots owned by the Parties.
b. Porter hereby grants to the Parties a nonexclusive perpetual easement
("Well Easement") upon, over, across and beneath his lot for the limited
purpose of allowing the use, maintenance, repair, replacement or
improvement of the Well, associated delivery pipelines and associated
physical improvements, to connect the Well to the Storage Tank and then
to lots owned by the Parties as is authorized by this Agreement.
C. Wells hereby grants to the Parties a nonexclusive perpetual easement
("Tank Easement") (2,500 gallons to go to Storage Tank) upon, over,
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across and beneath their lot for the limited purpose of allowing the use,
maintenance, repair, replacement or improvement of the Storage Tank,
associated delivery pipelines and associated physical improvements, to
connect the Storage Tank to the Well and then to lots owned by the Parties
as is authorized by this Agreement.
d. The Easements shall be of such width as necessary for the use,
maintenance, repair, replacement or improvement of the Well, Storage
Tank, delivery pipelines, and associated physical improvements, however,
the Easement shall not exceed a circle of thirty (30) feet in radius
surrounding the Well, thirty (30) feet in width on either side of any portion
of the delivery pipelines, and thirty (30) feet in width surrounding the
storage tank.
e. The Easement for the pipelines delivering water to the lots owned by the
parties shall be based upon the delivery pipelines now in place.
2. Survey. Any Lot owner may have the precise location of the Easements
professionally surveyed, however, such survey shall be at the expense of the
initiating party, unless the parties mutually agree otherwise. Such survey may also
be used to prepare an easement agreement that more precisely defines the
dimensions of the Easement. The parties agree to cooperate in the preparation and
execution of a mutually acceptable agreement based on an accurate survey of the
Easement.
3. Authorized Use of the Well. The parties acknowledge that the continued use of
the Well on their respective lots shall be limited to the domestic and irrigation
uses permitted to the Well.
4, Ownership of Well. The parties acknowledge ownership of the Well is vested in
Porter and agree not to change or contest such ownership, subject to the terms of
this Agreement.
5. Authorized Use of Storage Tank. The parties acknowledge that the continued use
of water from the Well on their respective lots shall be limited to the domestic and
irrigation uses permitted to the Well.
6. Ownership of Storage Tank. The parties acknowledge ownership of the Well is
vested in Wells and agree not to change or contest such ownership, subject to the
terms of this Agreement.
7. Percentage Allotment of Total Well Production. For so long as the Parties are
sharing use of water from the Well and Storage Tank, each lot owner shall be
entitled to an equal one-fourth (1/4) share of the total water flow produced by the
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Well and Storage Tank and shall be responsible for one-fourth (1/4) of the
operation, maintenance, West Divide Contract, and repairs costs associated with
the Well and Storage Tank. Said water flow shall be measured in gallons per
minute (g.p.m.). In any event, the total annual amount of groundwater withdrawn
from the Well shall not exceed 3.69 acre-feet (1,202,386 gallons) in accordance
with the well permit. Any deficiency in actual production of the Well below 3.69
acre-feet shall be allocated equally between the lots.
8. Flow Meters. If not already installed, a flow meter shall be installed and
maintained on the Well itself to provide for the accounting necessary to enforce
the provisions of the Well Permit. The cost for the initial installation of the flow
meters shall be divided equally between the parties. Separate flow meters shall
also be installed on each pipeline serving the parties' respective properties with
each party responsible for the cost of the meter on their own pipeline.
9. Cost of Repair. Maintenance and Improvements. From time to time the Well,
Storage Tank, delivery pipes, and associated facilities will require repair,
maintenance and improvements. The cost of any such repair, maintenance and
improvements on the Well and Storage Tank shall be allocated equally in
accordance with paragraph 5 above. The cost of any repair, maintenance or
improvement that benefits any single lot, for example a repair to a pipeline
delivering water from the Well or Storage Tank to a residence, shall be allocated
to that lot owner only. Any portion of the Easements disturbed due to such repair,
maintenance or improvements shall be promptly compacted and revegetated,
including replacement of size and type of trees, grasses and other landscaping.
10. Authority to Perform Repairs. Maintenance and Improvements. If the owner of
any lot served by the Well or Storage Tank reasonably believes that the Well or
Well pump requires repair, replacement or maintenance to allow it to be able to
reliably pump 15 g.p.m., or for the Storage Tank to adequately hold or deliver
water, then such owner shall provide the other lot owners 15 days prior written
notice of such fact and the estimated cost of the necessary repairs. Following
such notice, the lot owner providing such notice may have the required work
performed by a licensed well, pump, or tank contractor and shall be entitled to
reimbursement from the remaining lot owner or owners for all costs and expenses
incurred in doing so in accordance with paragraph 9 below and subject to
paragraph 5 above. In the event that emergency repairs or maintenance is
required, the lot owner initiating the emergency repairs or maintenance will
provide any reasonable notice possible prior to said emergency repairs or
maintenance.
11. Payment Terms. Any payment due to any party subject to this Agreement shall
be due and payable, in full, thirty (30) days from notice thereof. If payment is not
received by said due date, the party or parties to whom said payment is owned
is
may file a lien for the amount owed against the lot owned by the party or parties
in arrears. Said lien may be foreclosed in any manner provided for by law, and
recording of this Well Sharing Agreement in the real property records of Garfield
County shall be the only act necessary to perfect filing of said lien.
12. Storage. Should a lot owner's share of the pumping capacity of the Well be
insufficient to adequately service his or her lot, then such owner may construct,
on his or her own lot, at his or her own expense, a cistern to store his or her own
portion of the Well yield. Alternatively, the owners of all lots may agree to
construct, own and operate an additional water storage facility, in which this
Agreement shall be amended to set forth the terms and conditions of their
construction, ownership and operation of such joint storage facility.
13. Agreement to Indemnify. To the extent permitted by applicable law, the owners
of the lots (each an "Indemnifying Party") agree to indemnify, defend and hold
the other lot owners (each an "Indemnified Party") harmless from and against all
losses, claims, demands, liabilities, injuries, damages and expenses, including,
without limitation, reasonable attorneys' fees and court costs, that an Indemnified
Party may suffer or incur as a result of the use, occupancy and possession of the
Easements by the Indemnifying Party, its agents, visitors, invitees, licensees,
successors and assigns or by reason of breach of this Agreement.
14, No Public Dedication. Nothing contained in this Agreement will be deemed to be
a dedication of any portion of the Easements to the general public or for the
general public or for any public purpose whatsoever; it being the intent of the
parties that the Easement is and shall continue to be private.
15. Covenant Running With the Land. Each and every obligation of each owner of
the lots contained herein is made for the benefit of the other. All of the provisions
of this Agreement shall be deemed a covenant running with the land pursuant to
applicable law, and shall be binding upon the successors and assigns of all future
owners of the lots. A lot owner's rights hereunder may not be conveyed
separately from his or her lot, and the conveyance of a lot shall automatically
convey as well such lot owner's rights and obligations under this Agreement.
Notwithstanding the foregoing, if any said owner sells all or any portion of its
interest in property subject to this Agreement, such party shall thereupon be
released and discharged from any and all obligations in connection with the
property sold by it arising under this Agreement after the sale and conveyance of
title but shall remain liable for all obligations arising under this Agreement prior
to the sale and conveyance of title. The new owner of any such lot or portion
thereof (including, without limitation, anyone who acquires its interest by
foreclosure, trustee sale or otherwise) shall be liable for all obligations arising
under this Agreement with respect to such property or portion thereof after the
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date of sale and conveyance of title. This Agreement, and any amendments
thereto, shall be recorded in the Garfield County Clerk and Recorder's Office.
16. Remedies. In the event of any violation or threatened violation by any party of
any of the provisions of this Agreement, the party not in violation hereof shall
have the right to enjoin such violation or threatened violation by proceeding in the
District Court of Garfield County, Colorado. The right of injunction and specific
performance shall be in addition to all other remedies set forth in this Agreement
or provided by law.
17. Waiver. The failure of a party to insist upon strict performance of any of the
provisions contained in this Agreement shall not be deemed a waiver of any rights
or remedies that such party may have, and shall not be deemed a waiver of any
subsequent breach or default of the performance of any of the obligations
contained herein for the same or any other party.
18. Attorneys' Fees. In the event any party initiates or defends any legal action or
proceeding to enforce or interpret any of the terms of this Agreement, the
prevailing party in any such action or proceeding shall be entitled to recover from
the non -prevailing party in any such action or proceeding its reasonable costs and
attorneys' fees, including its reasonable costs and attorneys' fees on any appeal.
16. No Partnership Created. The provisions of this Agreement are not intended to
create, nor shall they be in any way interpreted or construed to create, a joint
venture, partnership, or any other similar relationship between the parties.
17. Estoppel Certificate. Each party, so long as it has an interest in the property
encumbered by this Agreement, agrees within 15 days of receipt of written
request from the other party to certify in writing for a respective purchaser or lien
holder that this Agreement is in full force and effect, that it has not been amended
except as set forth in such certificate and that the other party is not in default of
any of the terms, covenants, conditions, or agreements contained in this
Agreement (or, if a default does exist, specifying the nature of such default).
18. Term. This Agreement shall continue for a period of fifty (50) years, at which
point it will automatically renew for additional fifty (50) year periods, unless
cancelled at the end of the fifty (50) year term by unanimous agreement of the
parties.
19. Notices. All notices to be given hereunder shall be in writing, and may be given,
served or made by depositing the same in the United States mail properly
addressed, postpaid and registered or certified with return receipt requested or by
delivering the same in person to the said authorized representative of such party.
Notice deposited in the mail in accordance with the provisions hereof shall be
In
effective unless otherwise stated in this Agreement from and after the third day
next following the date post -marked on the envelope containing such notice, or
when actually received, whichever is earlier.
20. Headings. The headings of the various paragraphs of this Agreement have been
inserted for reference only and shall not have the effect of modifying, amending
or changing the express terms and provisions of this Agreement.
21. SeverabilitY. In any of the provisions of this Agreement or any paragraph,
sentence, clause, phrase, word or section, or the application thereof, is in any
circumstances invalidated, such invalidity shall not affect the validity of the
remainder of this Agreement and the application of such provision in any other
circumstances shall not be affected thereby.
22. Entire Agreement. This Agreement shall constitute the entire agreement between
the owners of the lots with respect to the subject matter described herein. No
representations or warranties of any nature have been made by any such owner,
and no party has entered into this Agreement in reliance upon any such
representations or warranties, except as expressly set forth herein. No variations
or modifications of, or amendments to, the terms of this Agreement shall be
binding upon the parties unless reduced to writing and signed by the parties
hereto.
23. Governing Law. It is the intention of the undersigned hereto that all questions
with respect to the construction and interpretation of this Agreement and the
rights and liabilities of the parties hereunder shall be determined in accordance
with the laws of the State of Colorado. Any action related to this Agreement shall
be brought in Garfield County, Colorado.
IT WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the date first above written.
Jennifer Wells Christopher Porter
Stephen Wells Megan Lamb
Darla Grangroth Teresa Murphy
-7.
Derek Grangroth
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
Steven Murphy
Subscribed and sworn to before me this day of , 2025, by Jennifer Wells
and Stephen Wells.
(SEAL)
Notary Public
My commission expires:
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
Subscribed and sworn to before me this day of , 2025, by Christopher
Porter.
(SEAL)
Notary Public
My commission expires:
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
Subscribed and sworn to before me this day of , 2025, by Derek Grangroth
and Darla Grangroth.
(SEAL)
In
Notary Public
My commission expires:
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
Subscribed and sworn to before me this day of , 2025, by Teresa Murphy,
Steven Murphy and Megan Lamb.
(SEAL)
Notary Public
My commission expires:
0