HomeMy WebLinkAboutWell InformationDISTRICT COURT, GARFIELD(GLENWOOD SPRINGS) COUNTY, COLORA O
Court Address:
109 8TH STREET, STE. 104, GLENWOOD SPRINGS, CO, 81601 FILED: March 7, 2021 3:22 PM
CASE UMBER: 2020CW3061
In the Interest of: ROGER ESHELMAN et al.
COURT USE ONLY
Case Number: 2020CW3061
Division: E Courtroom:
Decree: Decree of the Water Court
The motion/proposed order attached hereto: GRANTED.
Issue Date: 3/7/2021
JAMES BERKLEY BOYD
District Court Judge
Pagel oft
DISTRICT COURT, WATER DIVISION 5, COLORADO
Garfield County Courthouse
109 8"' Street, Suite 104
Glenwood Springs, Colorado 81601
970) 928-3065
CONCERNING THE WATER APPLICATION OF:
ROGER&AMELIA ESHELMAN and THADDEUS COURT USE ONLY
BACON & MAKENZIE TAYLOR ESHELMAN
Case Number: 20CW3061
In the Colorado River and its Tributaries
In Garfield County, Colorado
FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF THE REFEREE
AND DECREE OF THE WATER COURT
The Applicants Roger and Amelia Eshelman and Thaddeus Bacon and Makenzie Taylor
Eshelman filed this Application on May 29, 2020 ("Application") and the Water Judge referred it
to the Water Referee for Water Division 5, State of Colorado, in accordance with C.R.S. § 37-92-
101,et seq.,known as the Water Right Determination and Administration Act of 1969.
The undersigned Referee having made such investigations as are necessary to determine
whether or not the statements in the application are true, and having been fully advised of the
subject matter of the application,does hereby make the following determination and Ruling as the
Referee in this matter:
Background: Co-Applicants, Roger and Amelia Eshelman, requested and received a
decreed augmentation plan in Case No. 99CW198, District Court, Water Division No. 5. The
augmentation plan was decreed to augment well diversions for use on a parcel of land that has
since been subdivided into Pioneer Point Subdivision (7332, 7378, 7380 County Road 100,
Carbondale, CO). The augmentation plan utilizes Basalt Water Conservancy District and Park
Ditch and Reservoir Company water as the augmentation sources. The plan augmented the use of
the Eshelman Well No. 1 as an alternate point of diversion for the Basalt Conduit, on a year-round
basis for domestic use in three single-family dwellings, water for six (6) head of livestock, and
4,500 square feet of irrigation.
Although the 99CW198 plan was adjudicated by Co-Applicants Roger and Amelia
Eshelman, the Applicants here are the owners of the three Pioneer Subdivision lots, Roger and
Amelia Eshelman, and Thaddeus and Makenzie Eshelman. This decree amending the 99CW198
augmentation plan is owned collectively by all four Applicants.
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Case No. 20CW3061
Findings of Fact, Conclusions of Law
Ruling of the Referee,Decree of the Water Court
This decree amends the 99CW198 augmentation plan to discontinue the livestock use,
adjust the domestic depletion rate, and augment depletions for an additional three accessory
dwelling limits ("ADUs"). This decree also establishes that the amended plan will serve not only
the Eshelman Well No. 1, but may also serve two other wells, Eshelman Well No. 2 and Eshelman
Well No. 3.
FINDINGS OF FACT
1. The statements in the Application are true, except as may be otherwise stated herein.
2. Names and addresses of the Applicants:
Name of Applicants Mailing Address Email address Telephone Number
Roger&Amelia 7332,7378 CR 100 rbeshelman@gmail.com 970)379-3757
Eshelman Carbondale,CO 81623
Thaddeus&Makenzie 7380 County Road 100 thad@tebuilders.net 970)379-1506
Eshelman Carbondale,CO 81623
With copies of 1018 Lauren Lane cc@craigcoronalaw.com 970)948-6523
pleadings to: Basalt,CO 81621
Craig V.Corona
Corona Water Law
3. Notice. Timely and adequate notice of the pendency of these proceedings has been given
in the manner required by C.R.S. § 37-92-302.
IN
4. Opposers.No parties filed a statement of opposition in this case and the time for filing such
statements or motions has expired.
5. Report of the Division Engineer. This Court has given due consideration to the Division
Engineer's Summary of Consultation dated October 21, 2020 and provided to the
Applicants on October 26, 2020 and the response filed on December 17, 2020.
REQUEST FOR AMENDMENT TO AUGMENTATION PLAN
DECREED IN CASE NO. 99CW198
6. Name of original structure augmented: Eshelman Well No. 1 (Permit No. 054836). The
Eshelman Well No. 1 was decreed as an alternate point of diversion to the Basalt Conduit
in Case No. 99CW198.
A. Location of the Eshelman Well No. 1: SW '/NE '/4 of Section 18, T. 7 S. R. 87 W.,
of the 6"'P.M. at a point 2,200 feet from the North section line and 1,400 feet from
the East Section line, in Garfield County. See attached Figure 1.
B. Depth: 250 feet.
C. Source: Groundwater tributary to Cattle Creels, tributary to the Roaring Fork River.
Case No. 20CW3061
Findings of Fact, Conclusions of Law
Ruling of the Referee,Decree of the Water Court
D. Amount: 15 g.p.m.
E. Uses: Under the 99CW198 plan(the"Original Augmentation Plan"),the Eshelman
Well No. 1 is to serve three single-family homes, 4,500 square-feet of irrigation,
and water six head of livestock. Pursuant to this decree, the Eshelman Well No. 1,
possibly along with two other wells, will serve three single-family homes, three
ADUs, and provide 4,500 square-feet of irrigation.
F. The Basalt Water Conservancy District(`BWCD") owns the Basalt Conduit water
rights,Applicants have a BWCD Water Allotment Contract described below.
G. Co-Applicants Roger and Amelia Eshelman own the land upon which the Eshelman
Well No. 1 is located, Pioneer Point Subdivision, Lot 3. Thaddeus and Makenzie
Eshelman own Pioneer Point Subdivision Lot 2 where water will be used and on
which Eshelman Well No. 2 may be located, and Roger and Amelia Eshelman own
Pioneer Point Subdivision Lot 1 where water will be used and on which Eshelman
Well No. 3 may be located.
7. Information for Basalt Conduit from the Decree in 99CW 198.
A. Date entered: June 20, 1958.
Case No.: W-4613.
Court: Garfield County District Court.
B. Decreed point of diversion: The decreed headgate and point of diversion for the
Basalt Conduit is located on the left side of the Frying Pan River in the NE `/4 of
the NW '/4 of un-surveyed Section 18, T. 8 S., R. 84 W. of the 6th P.M. at the head
of the outlet tube for Ruedi Reservoir whence the SW corner of Section 7 of T. 8
S.,R. 84 W. of the 6`h P.M. bears N. 79*00' W., a distance of 2,017.1 feet.
C. Source: The Frying Pan River, tributary to the Roaring Fork River, tributary to the
Colorado River.
D. Appropriation date: July 29, 1957.
E. Amount: 450 c.fs.
F. Use: Generation of electricity, irrigation, domestic, municipal, stock watering,
piscatorial and industrial.
8.Water rights to be used for augmentation.
A. Park Ditch and Consolidated Reservoir: Co-Applicants, Roger and Amelia
Eshelman lease 0.3 acre-foot of historic consumptive use water decreed in Case No.
79CW097, Water Division No. 5, from Carbondale Land Development Company
the "CLDC Water"). The lease agreement is attached as Exhibit A. The CLDC
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Findings of Fact, Conclusions of Law
Ruling of the Referee,Decree of the Water Court
Water is derived from water rights decreed to the Park Ditch and Reservoir
Company. The Park Ditch and Reservoir Company diverts from Cattle Creek under
the following water rights:
PARK DITCH WATER RIGHT
Ditch Decreed Priority Decreed Adjudication Appropriation CA
Amount No. Location Date Date
Sec. 7,
T. 7 S.,
R. 87 W.
Park Ditch 9.0 cfs 221A NW/SW/SE 6/26/1913 9/12/1904 1627
Park Ditch 4.1 cfs 232 NW/SW/SE 6/9/1916 7/1/1912 1821
Park Ditch 1.8 cfs 221A NW/SW/SE 4/16/1917 9/12/1904 1627
Park Ditch 2.0 cfs 232 NW/SW/SE 9/5/1918 7/1/1912 1973
a.Direct flow diversions under the shares in the Park Ditch and Reservoir
Company are supplemented by releases from Consolidated Reservoir. This
reservoir operates under the following decreed priorities:
CONSOLIDATED RESERVOIR WATER RIGHTS
Structure Decreed Priority Decreed Adjudication Appropriation CA
Amount No. Location Date Date
Sec. 7,
T. 7 S.,
R. 87 W.
Consolidated 595.0 AF 8B NE/NE 2/15/1921 9/8/1898 2144
Reservoir
Consolidated 285.6 AF 678 NE/NE 6/20/1958 9/1/1948 4613
Reservoir
Consolidated 401.0 AF 654 NE/NE 11/5/1971 9/1/1948 5884
Reservoir
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b.Historic use: The historic use associated with the CLDC Water was
adjudicated and determined in Case No. 79CW097, District Court, Water
Division No. 5.
B. Ruedi Reservoir: Co-Applicants, Roger and Amelia Eshelman, obtained BWCD
Water Allotment Contract No. 347 dated September 30, 1999, for up to 0.1 acre-
foot of Water for augmentation of the Eshelman Well No. 1. The BWCD Water
Allotment Contract is attached as Exhibit B. Applicants have applied to the Basalt
District to amend the BWCD Water Allotment Contract to comport with the
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Case No. 20CW3061
Findings of Fact, Conclusions of Law
Ruling of the Referee,Decree of the Water Court
amended plan for augmentation. The information regarding the BWCD water rights
used for the augmentation plan is attached as Exhibit C.
9.Current statement of plan for augmentation for the Original Augmentation Plan(as decreed
in Case No. 99CWI98).
A. Under the Original Augmentation Plan, water may be diverted from the Eshelman
Well No. 1, as an alternate point of diversion for the Basalt Conduit, on a year-
round basis for domestic use for three single-family dwellings on a single
residential site and for watering six head of livestock. During the months of May
through October("the irrigation season"),water will also be diverted for irrigation
of up to 4,500 square-feet of lawn and landscape irrigation.
B. The Original Augmentation Plan is based upon the assumption that each single-
family home is estimated to require an average of 350 gallons/day("GPD"),based
upon 3.5 persons using 100 GPD each. Depletions are estimated to be 15% of
diversions; wastewater treatment will be by septic tank/leach field system.
Livestock water demand is estimated to be 11 GPD per head, or 66 GPD total for
six horses, and is considered to be 100% o6usumptive. The irrigation demand is
2.33 acre-feet/acre, based upon the Blaney-Criddle methodology, assuming 80%
irrigation efficiency. Irrigation depletions are assumed to be 1.8 acre-feet/acre.
C. Under the Original Augmentation Plan, the projected diversion requirements for
the augmented uses are 1.56 acre-feet annually, with a projected annual
consumptive use of 0.461 acre-feet.A table summarizing the contemplated monthly
diversion and depletion amounts from the Original Augmentation Plan is attached
as Exhibit D. The Eshelman Well No. 1 meets the criteria of well group D of the
BWCD delayed depletion categories, as decreed in Case No. 87CW155, Water
Division No. 5. A table depicting the monthly depletion and delayed return flow
factors for well group D is attached as Exhibit E. The projected augmentation
replacement requirement for the CLDC water, under the Original Augmentation
Plan, is 0.225 acre-feet annually, and the projected requirement for releases from
Ruedi Reservoir is 0.038 acre-feet annually. A table showing the augmentation
schedule under the Original Augmentation Plan is attached as Exhibit F.Consistent
with prior BWCD decrees, the Original Augmentation Plan anticipated that a cal I
j against the Basalt Conduit during the non-irrigation season would occur only in the
month of April.
10. Proposed change to augmentation plan. By this decree. the Original Augmentation Plan is
amended as follows:
A. Diversions. Water will still be diverted from the Eshelman Well No. 1 as an
alternate point of diversion of the Basalt Conduit. If the Applicants construct
Eshelman Well Nos. 2 and 3, water will be diverted from those wells also as
alternate points of diversion to the Basalt Conduit. Applicants withdraw the request
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Case No. 20CW3061
Findings of Fact, Conclusions of Law
Ruling of the Referee,Decree of the Water Court
in the application to have Eshelman Well Nos. 2 and 3 divert as alternate points of
diversion to the Eshelman Well No. 1 water right. Eshelman Well Nos. 2 and 3, if
constructed, will divert as undecreed wells augmented under this Amended
Augmentation Plan. The Eshelman Well Nos. 1, 2, and 3 will divert at a rate of 15
g.p.m. each with a cumulative volumetric limit of 2.357 acre-feet per year as
decreed herein.
a.Eshelman Well No. 2 will be located in the SW ''/4,NE ''/4, Section 18,T. 7S,
R. 87, W. 0s PM, at a point 1,648 feet from the East Section line and 2,227
feet from the North Section line. This is within Pioneer Point Subdivision,
Block 1, Lot 2 with a street address of 7380 100 County Road, Carbondale,
CO 81623.
UTM Coordinates:
Northing: 4368728. O
Easting: 315190.
Zone: 13.
b.Eshelman Well No. 3 will be located in the SW '/4,NE'/a,Section 18,T. 7S,
R. 87 W., 6`s PM, at a point 1788 feet from the East Section line and 1919
feet from the North Section line. This is within Pioneer Point Subdivision,
Block 1, Lot 1 with a street address of 7332 100 County Road, Carbondale,
CO 81623.
UTM Coordinates:
Northing: 4368822.
Easting: 315150.
Zone:13.
sr,
See map attached as Figure 2.
Under the Amended Augmentation Plan, the domestic augmented uses are
residential in three single-family dwellings and residential use in three ADUs. This
is no longer a single residential site but has been subdivided into the three lots of
the Pioneer Subdivision that will all be served under this Amended Augmentation
Plan.
As with the Original Augmentation Plan,the single-family homes are still estimated
to require an average of 350 GPD, based upon 3.5 persons using 100 GPD. For the
ADUs, under this Amended Augmentation Plan, the estimated use is 280 GPD
based upon 3.5 persons using 80 GPD. Based upon the projected size of the ADU's,
these in-house demands for the ADUs are conservatively high. The estimated
depletion amount for all in-house uses has been reduced to 10% of diversions;
wastewater treatment will be by septic tank/leach field system. Annual diversions
for the single-family homes will be 1.176 acre-feet and the ADUs will divert 0.941
acre-feet (See Table 1, attached). Like the original decree, the irrigation demand
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Findings of Fact, Conclusions of Law
Ruling of the Referee,Decree of the Water Court
for 4,500 square-feet is 2.33 acre-feet per acre, based upon the Blaney-Criddle
methodology assuming 80% efficiency. Total irrigation diversions will be 0.240
acre-feet. In the Original Augmentation Plan, the total diversions from the
Eshelman Well No. 1 for all uses were estimated to be 1.56 acre-feet per year.
Under the Amended Augmentation Plan decreed herein, the total cumulative
diversions from the Eshelman Well No. 1 and potentially two alternate point wells
will be 2.357 acre-feet per year.
B. Depletions. Although the total diversions will be increased under the Amended
Augmentation Plan, the total depletions will actually decrease. The Amended
Augmentation Plan will eliminate livestock water use, a savings of 0.074 acre-feet
of depletions per year. The Amended Augmentation Plan also reduces the
consumptive use of household use from 15% to 10% efficiency which reduces the
depletions from the single-family houses from 0.176 to 0.118 acre-feet per year(a
savings of 0.058 acre-feet per year). The total acre-feet per year savings under the
Amended Augmentation Plan is 0.132 acre-feet per year. The total depletion
savings from these changes is more than enough to offset the new depletions from
the ADUs,which is 0.094 acre-feet per year as indicated in column 6 of the attached
Table 1.Under this Amended Augmentation Plan,the total depletions will decrease
from 0.461 to 0.424 acre-feet per year(compare col. 12,Exhibit D to col. 8,Table
1).
C. Augmentation Water. In this Amended Augmentation Plan,the augmentation water
will continue to be provided by the CLDC Water during the months of May-
October up to the current lease amount of 0.3 acre-feet per year. The Amended
Augmentation Plan will result in an increase in the amount of BWCD water
provided from 0.038 to 0.072 acre-feet per year. The additional BWCD water will
be provided in the month of November. Applicants have applied to amend the
BWCD Contract. Well permits may not be issued pursuant to this decree until an
amended BWCD Contract is in place. See attached Table 1 for the water diversions
and depletions balance.
11. Exchange. The requested amendment to the Original Augmentation Plan does not include
an exchange.
12. Ownership. Co-Applicants Roger and Amelia Eshelman own Lot 3, Pioneer Point
Subdivision which is the land upon which the Eshelman Well No. 1 is located and Lot 1,
Pioneer Point Subdivision,which is the land upon which the Eshelman Well No. 3 may be
located. Co-Applicants Thaddeus and Makenzie Eshelman own Lot 2, Pioneer Point
Subdivision, which is the land upon which the Eshelman Well No. 2 may be located. All
Applicants own the lands upon which the water will be placed to beneficial use.
13. Finding regarding Amended Augmentation Plan. Applicants' Amended Augmentation
Plan is sufficient to replace Applicants' out-of-priority depletions in time, place, and
amount. The Court finds that Applicants provided sufficient evidence to demonstrate that
operation of its Amended Augmentation Plan pursuant to the terms and conditions in this
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Case No. 20CW3061
Findings of Fact, Conclusions of Law
Ruling of the Referee,Decree of the Water Court
decree will not cause material injury to, or impairment of, vested water rights or decreed
conditional water rights. Therefore, the request for the Amended Augmentation Plan as
described above should be granted.
14. Terms and Conditions of the Amended Augmentation Plan:
A. Well permits for Eshelman Well Nos. 2 and 3 issued pursuant to C.R.S. § 37 -90-
137(2) and this plan for augmentation must be obtained prior to their construction
and/or operation, and Eshelman Well No. 1 must be repermitted pursuant to this
Amended Augmentation Plan.
B. No well permits for the Eshelman Wells may be issued unless the Basalt Water
Conservancy District contract amended to comport with the requirements of this
decree is in place. 1
C. Total diversions from the Eshelman Well Nos. 1, 2, and 3 will be limited to the
amount available and within the decreed amount at the original point of diversion
for the Basalt Conduit.
Ir
D. All terms and conditions contained in the decree in Case No. 99CW198 are
incorporated into this decree except to the extent they are altered or amended by
operation of this decree.
x
CONCLUSIONS OF LAW
15. To the extent they constitute legal conclusions; the foregoing Findings of Fact are
incorporated herein.
16. All notices required by law have been properly made, including as required under C.R.S.
37-92-302(3). The Court has jurisdiction over the Application and over all entities or
persons who had standing to appear, even if they did not do so.
17. The Application is complete,covering all applicable matters required pursuant to the Water
Right Determination and Administration Act of 1969. C.R.S. §§ 37-92-101-602.
18. Applicants have fulfilled all legal requirements for a decree for the requested plan for
augmentation, including C.R.S. §§ 37-92-302 and 37-92-305.
19. Pursuant to C.R.S. § 37-92-305(8), the plan for augmentation, as amended herein, is
sufficient to permit the continuation of diversions when curtailment would otherwise be
required to meet a valid senior call for water, to the extent that the Applicants will provide
adequate replacement water necessary to meet the lawful requirements of a senior diverter
at the time and location and to the extent that the senior diverter would be deprived of the
senior diverter's lawful entitlement by the Applicants' diversion.
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Case No. 20CW3061
Findings of Fact, Conclusions of Law
Ruling of the Referee,Decree of the Water Court
20. A plan for augmentation shall be approved if it will not injuriously affect the owner or
other persons entitled to use water under a vested water right or decreed conditional water
right. C.R.S. § 37-92-305(3). Applicants have satisfied all legal requirements and met all
standards and burdens of proof associated with obtaining approval of a plan for
augmentation pursuant to C.R.S. §§ 37-92-301 through 305, and is therefore entitled to a
decree approving this amended plan for augmentation.
RULING OF THE REFEREE
C
21. The Findings of Fact and Conclusions of Law as set forth above are incorporated herein by
reference and are hereby modified as necessary to constitute part of the Ruling and Final
Judgment and Decree.
22. The request for approval of the amendment to plan for augmentation described above is
hereby GRANTED subject to the terms and conditions contained herein.
23. The transit losses associated with the replacement releases identified by the amount in this
decree are only for the purposes of establishing that the plan can operate and may be
sufficient to prevent injury. Actual transit losses will be determined and assessed at the
time releases are made and may be modified per C.R.S. § 37-80-102(7) and § 37-83-104
as determined necessary by the Division Engineer's Office.
24. In conformance with the C.R.S. § 37-92-308(5), the State Engineer shall curtail all out-of-
priority diversions, the depletions from which are not so replaced as to prevent injury to
vested water rights.
25. In the event the BWCD Water Allotment Contract should expire, fail to be renewed, is
terminated,or if an alternative sufficient source of replacement water is not included in this
decree by proper amendment prior to such expiration, the Division Engineer shall curtail
all out-of-priority diversions. Applicants shall provide notice to the Division Engineer's
Office upon termination of the current Contract.
26. Pursuant to C.R.S. § 37-92-304(6), the Court shall retain jurisdiction in this proceeding to
reconsider the question of injury to the vested water rights of others from the plan for
augmentation approved herein for a period commencing on the date of the decree and
extending for five(5)years from the date that Applicant provides to the Court,the Division
Engineer,and all other parties in this case notice that the plan for augmentation has become
fully operational. Such notice must confirm that the Amended Augmentation Plan is
operating as intended.If no petition for reconsideration is filed within the period of retained
jurisdiction, the retention of jurisdiction shall automatically expire.
A copy of the Ruling shall be filed with the Division Engineer for Water Division No. 5
and with the State Engineer.
It is further ORDERED that this Ruling shall be filed with the Water Clerk, subject to
judicial review.
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Ruling of the Referee,Decree of the Water Court
Dated: January 27, 2021.
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Water Referee, Division 5,Wate Urt
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Case No. 20CW3061
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DECREE OF THE WATER COURT
No protest was filed in this matter. The foregoing Ruling is confirmed and approved, and
is hereby made a Decree of this Court.
Dated:
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Water Judge
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Case No. 20CW3061
Findings of Fact, Conclusions of Law
Ruling of the Referee,Decree of the Water Court
Exhibit A
OPUON TO EXECUTE WATER LEASE AND AGREEMENT
DATE FILED: December 17, 2020 9:43 AM
THIS OPTION TO EXECUTE WATER LEASE AND AGREES hereinafter
Option") is made and entered into this day of_ brcLAr y and between
CARBONDALE LAND DEVELOPMENT CORPORATION, a Colorado corporation(hereinafter
CLDC"), and Roger and Amelia Eshelman (hereinafter "Optionee");
WITNESSETH:
WHEREAS, CLDC is the owner of a quantity of excess historic consumptive use water,
as more particularly described and decreed in Case No. 79CW097, District Court in and for Water
Division No. 5, State of Colorado; and
WHEREAS, Optionee desires to obtain an option to lease from CLDC a perpetual right
to delivery of 0.3 acre-feet of consumptive use water pursuant to the terms set forth herein to
pursue Water Court approval of the use of the proposed leased water; and
WHEREAS, the parties desire by this Option to set forth the terms and conditions of the
Option to Execute a Water Lease and Agreement,
i
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. Option to Execute Water Lease and Agreement and Option Term ThgrQQ f. CLDC
hereby grants to Optionee, pursuant to the terms of this Agreement, an option to execute the form
Water Lease and Agreement, attached hereto and incorporated by reference as Exhibit A.
B6
2. Option Term. The term of this Option shall commence upon execution of this
Agreement and shall continue for the period of one (1) year, so long as all terms and conditions
of this Agreement are satisfied.
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3. Option Fee. Optionee shall pay to CLDC a non-refundable, non-creditable$300.00
option fee, receipt of said fee is hereby acknowledged.
3
4. Termination of Option Agreement. If Optionee does not exercise its option to
execute the attached Water Lease and Agreement granted herein within one (1) year of the w
execution date of the Option, this Agreement shall terminate and be void and of no effect, and s
each party hereto shall be released from all obligations hereunder; provided, however, Optionee's
option fee payment of$300.00 shall be retained by CLDC. In the event of termination of this
Option, CLDC shall have no further obligation to enter into a water lease with Optionee.
P;i19991Documen[s\CLDC-Fshelman-optionapeemenl.wpd i
September 16,1999 1-
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Exhibit A
5. Renewal of Option Agreement. If, prior to the expiration of the one(1) year option
granted herein, Optionee desires to extend the option for an additional one (1) year, Optionee may
do so by paying CLDC an additional non-refundable, non-creditable $300 option fee.
6. Water Court Proceedings. Optionee shall be solely responsible at Optionee's sole
cost to obtain any approvals from the Water Division No. 5 Water Court necessary to utilize the
proposed leased water.
7. Notices. All notices required under this Agreement shall be in writing and shall
be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid,
to the addresses of the parties herein set forth. All notices so given shall be considered effective
seventy-two (72)hours after deposit in the United States Mail with the proper address as set forth
below. Either party by notice so given may change the address to which future notices shall be
sent.
Notice to CLDC: Mr. Scott Writer, President
Carbondale Land Development Corporation
P. 0. Box 9705
Aspen, CO 81612
I
With copy to: Loyal E. Leavenworth, Esq.
Leavenworth & Tester, P.C.
P. 0. Drawer 2030
C
Glenwood Springs, CO 81602
1(
Notice to Optionee: Roger and Amelia Eshelman
7378 County Road 100
n` Carbondale, CO 81623
With copy Dendy M. Heisel, Esq.
y Balcomb & Green, P.C.
P. 0. Drawer 790
Glenwood Springs, CO 81602 ry
8" Construction of Lan age. The language used in this Agreement, and all parts X
thereof, shall be construed as a whole according to its plain meaning, and not strictly for or
against any party. All parties have equally participated in the preparation of this Agreement.
9. Section Headings.s. The section or paragraph headings contained within this f
Agreement are inserted for convenience only and shall not be construed to vary or add to the
meaning of the Agreement.
10. Severabilit . If any covenant, term, condition, or provision contained in this 3
F:
pwmbeo16,1999
CLDC-Hshelmmt-option-ageement.tryd
September 16,1999 2^ Mi
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9i
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Exhibit A
Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in
any respect, such covenant, term, condition, or provision shall be severed or modified to the
extent necessary to make it enforceable, and the resulting Agreement shall remain in full force and
effect.
11. Complete Agreement. This document embodies the entire and complete agreement
of the parties on the subject matter herein. No promise or undertaking has been made by any
party, and no understanding exists with respect to the transaction contemplated, except as
expressly set forth herein. All prior and contemporaneous negotiations and understandings
between the parties are integrated and merged into this Agreement.
12. Governing Law. This Agreement shall be governed by the laws of Colorado,
which state shall also be deemed the place where this Agreement was entered into and the place
of performance and transaction of business of the parties. In the event of litigation pertaining to
this Agreement, the exclusive forum, venue, and place of jurisdiction shall also be Colorado,
unless otherwise designated in writing by the parties.
13. Auth ri . Each person executing this Agreement represents and warrants that he
or she has been duly authorized by one of the parties to execute this Agreement and has authority
to bind said party to the terms and conditions hereof.
WHEREFORE, the parties have executed this Option to Execute Water Lease and
Agreement on the day and year first written above.
K CARBONDALE LAND DEVELOPMENT
CORPORATION
eafL1/ritc , resident
BV y
R er Eshelman, Optionee
BY i
j
Amelia Eshelmau, Optionee
r
September 16. emsiC[,DCHshehnnnop(ionayreement.wpdSeptember16,1999 3-
i
i
Exhibit A
EXHIBIT A
TO OPTION TO EXECUTE WATER LEASE AND AGREEMENT
WATER LEASE AND AGREEMENT
THIS WATER LEASE AND AGREEMENT (hereinafter "Agreement") is made and
entered into this 15 day of March, 2001 , IM by and between CARBONDALE LAND
DEVELOPMENT CORPORATION, a Colorado corporation (hereinafter "Lessor"), and Roger
and Amelia Eshelman(hereinafter "Lessee");
WITNESSETH:
WHEREAS, Lessor is the owner of a quantity of excess historic consumptive use water,
as more particularly described and decreed in Case No. 79CW097, District Court in and for Water
Division No. 5, State of Colorado; and
WHEREAS, Lessee owns the property set forth on Exhibit A, attached hereto and
incorporated herein by reference; and
WHEREAS, Lessee desires to lease from Lessor a perpetual right to delivery of 0.3 acre-
feet of consumptive use water (AF/CU) pursuant to the terms set forth herein for the following
uses:
3 single-family residences with approximately 4,500 square feet of
lawn and garden irrigation at 0.1 AF/CU/house
SUBTOTAL 0.3 AF/CU
v TOTAL 0.3 AF/CU
WHEREAS, the parties desire by this Agreement to set forth the terms and conditions of
the lease of said water.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. Quantity and Term of Lease. Lessor hereby leases to Lessee, pursuant to the terms
of this Agreement, 0.3 acre-feet per year of adjudicated consumptive use water of the 42.49 acre-
feet of excess historic consumptive use decreed in Case No. 79CW097, District Court, Water
Division No. 5, State of Colorado, as more particularly described in Exhibit A, attached hereto
and incorporated herein by this reference (hereinafter referred to as the "Leased Water"). The
Lessor makes no representation that the quantity purchased is adequate for Lessee's proposed uses.
99!
F:119991Doc"mGds1CLDC•Eshelmrm-wazedease-ageemenlwpd
septcml ec 16,1999
Y
1
3
Exhibit A
The term of this Lease shall commence upon execution of this Agreement and shall continue in
perpetuity, so long as all terms and conditions of this Agreement are satisfied. While Lessor
warrants that it owns the water rights herein conveyed, Lessor makes no representation or
warranty whatsoever concerning the viability of said water rights, the suitability of said water
rights for Lessor's use, or any other representation concerning the water rights which are the
subject of this Agreement. Said water rights are accepted by Lessee "as is." Lessee shall be
solely responsible for securing, at Lessee's sole cost, any and all approvals necessary to utilize the
leased water, including without limitation Water Court approval.
2. Annual Payment. An annual payment shall be due for each annual period, which
is March 15 to March 14. Lessee shall make payment to Lessor annually in the amount of
375.00 per year, subject to escalation pursuant to Paragraph 3, below, calculated as follows:
3 single-family residences with approximately 4,500 square feet of
lawn and garden irrigation at $125.00 per single-family residence
SUBTOTAL 375.00
TOTAL 375.00
The first annual payment shall be due prorated as appropriate and is due upon execution of this
Agreement, receipt of which is hereby acknowledged. Thereafter, annual payments shall be due
on March 15 of each year, following the year of execution of this Agreement. If payment is not
received by the Lessor by the due date, written notice of the same shall be sent by Lessor to the
Lessee. If full payment is not received by Lessor within thirty (30) days after delivery of said
notice, Lessor may elect to terminate this Agreement, in which case all right and interest of Lessee
in and to the Leased Water shall automatically revert to Lessor.
3. Annual Payment Increase. Beginning with the payment due on March 15, 1998,
and each March 15 thereafter, the amount of each annual payment shall increase by an amount
equal to the preceding annual charge multiplied by the most recently published Denver/Boulder
Consumer Price Index ("All Items") (hereinafter "Price Index") for the immediately preceding
year. The following formula shall be used for determining the adjustment, if any, in the annual
lease payments:
a.Price Index" for the December
immediately preceding the adjustment
Current Index Number date
Base Index Number Price Index" for December in the year
preceding the year utilized in the numerator
b. As promptly as practicable after the commencement of the first adjustment year,
and thereafter as promptly as practicable after the first day of each succeeding
Sepl9 bar 16,emslC[.I1C•>;slelman-waferleasewgeement wpdSepiemher16,1999
s
3
3
Exhibit A
adjustment year,Lessor shall compute the increase, if any, in the cost of living for
the year immediately preceding said adjustment year. Such computation shall be
made by use of current and base index numbers provided for each adjustment year
as set forth in Paragraph (a) above.
C. In computing increases for each adjustment year, the current index number shall
be divided by the base index number, From the quotient thereof, there shall be
subtracted the integer 1 and any resulting positive number shall be deemed to be
the percentage of increase of cost of living.
d. The percentage of increase in the cost of living shall be multiplied by the minimum
annual rental, including increases for the year preceding the adjustment year for
which the increase is being computed.
e. The Lessor shall, within a reasonable period of time after obtaining the appropriate
data necessary for computing such increases, give the Lessee notice of any increase
so determined. Lessee shall, within sixty (60) days after the receiving of such
notice, notify the Lessor of any claimed error in the calculations, and Lessor shall
make such adjustments as he deems appropriate. However, nothing herein shall
be construed to extend the time as provided in Paragraph'2, above, when lease
payments are due and payable by Lessee.
f.If publication of the pertinent Consumer Price Index shall be discontinued, the
parties hereto shall thereafter accept comparable statistics on the cost of living for
the average of all U. S. cities, All Items, as the same shall be computed and
published by an agency of the United States or by a responsible financial periodical
of recognized authority then to be selected by the parties hereto. In the event of
1) use of comparable statistics in place of the Consumer Price Index as above
mentioned, or (2) publication of the Index figures at other than bi-monthly
intervals, there shall be made in the method of computation above provided
revision as the circumstances may require to carry out the intent of this paragraph.
4, Late Payments. In the event the Lessee fails to make the annual payment as
referenced in Paragraph 2, above, within thirty (30) days of the due date, said payment shall be
immediately subject to a late payment fee of 10 percent of the amount due, and said payment shall
thereafter continue to accrue interest at 18 percent per annum on the amount due plus the late
payment fee.
5. Use of Water by Lessee. Lessee shall be solely responsible for securing all
necessary judicial or administrative approvals required to permit use of the Leased Water in the
manner desired by the Lessee. Lessor shall not object to any Water Court or administrative
proceeding undertaken by Lessee to enable Lessee to utilize the leased water. Lessor shall
reasonably cooperate with Lessee in the provision of documents or other exhibits within Lessor's
F:\19991Documems\CLOG-Eshelman-w<¢edease-n eemenlvryd
Seplembu 16,1999 j
ieE
i
a
Exhibit A
control or dominion that may be required by Lessee in any such proceeding.
6. Terms and Conditions of Delivery. Lessee acknowledges that Lessee's use of the
Leased Water is subject to the terms and conditions of the decree entered in Case No. 79CW097,
and Lessee agrees to comply with all such terms and conditions. Lessor covenants to pay all
assessments and to maintain in good standing the five shares of Park Ditch and Reservoir
Company from which the subject consumptive use water is derived, and shall comply with all
terms and conditions of the decree in 79CW097.
7. Assignment of Lease. No assignment of this Agreement or sublease of the Leased
Water shall be effective without the prior written approval of the Lessor. Lessors' approval will
not be unreasonably withheld,
8. Memorandum of Lease. Lessee and Lessor shall execute a Memorandum of Lease
as more fully described as Exhibit B, attached hereto and incorporated herein by this reference.
Upon execution, said Memorandum of Lease shall be recorded with the Clerk and Recorder of
Garfield County as Lessor's expense.
9. Termination of Contract. Subject to the notice provisions of paragraph 2, above,
Lessor may elect to terminate this Agreement for failure of the Lessee to: (a) make annual
payments in the amounts and at the times required under Paragraph 2, above; or (b) failure of the
Lessee to comply with the terms and conditions of this Agreement. In the event of termination
of this Agreement, Lessor shall have no further obligation to deliver the Leased Water for the
benefit of Lessee, and all rights and interest of Lessee in and to the Leased Water shall revert to
Lessor.
10. Breach: Remedies. In the event the Lessee fails to make annual payments in the
amounts and at the times required under Paragraph 2, above, or if the Lessee breaches any of the
terms and conditions of this Agreement, the Lessor has the option to terminate the agreement or
exercise its legal remedies, including but not limited to an action to collect all amounts due to
Lessor if said amounts due are not paid within thirty (30) days of the due date. Further, Lessor
is entitled to any other remedy available in equity or at law.
11. Attomey Fees. In the event of litigation to enforce any of the terms or conditions
of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs.
s
12. Notices. All notices required under this Agreement shall be in writing and shall S
be hand delivered or sent by registered or certified mail, return receipt requested,postage prepaid,
to the addresses of the parties herein set forth. All notices so given shall be considered effective
seventy-two (72) hours after deposit in the United States Mail with the proper address as set forth
below. Either party by notice so given may change the address to which future notices shall be
sent.
F:U939\Documents\CLDC-EsheLcamwetedeau•egeemenLwpd
September 16,1999
E17
ie
y
4,
Exhibit A
Notice to Lessor: Mr. Scott Writer, President
Carbondale Land Development Corporation
P. 0. Box 9705
Aspen, CO 81612
With copy to: Loyal E. Leavenworth, Esq.
Leavenworth& Tester, P.C.
P. 0. Drawer 2030 A O
Glenwood Springs, CO 81602 Y
J
Notice to Lessee: Roger and Amelia Eshelman->
7378 County Road 100
Carbondale, CO 81623 i
With copy to:
Balcomb & Green, P.C.
P. 0. Drawer 790
Glenwood Springs, CO 81602
13, Construction of Language. The language used in this Agreement, and all parts
thereof, shall be construed as a whole according to its plain meaning, and not strictly for or
against any party. All parties have equally participated in the preparation of this Agreement.j
14. Section Headings. The section or paragraph headings contained within this
Agreement are inserted for convenience only and shall not be construed to vary or add to the
meaning of the Agreement.41
15. Severability. If any covenant, term, condition, or provision contained in this
Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in
9
any respect, such covenant, term, condition, or provision shall be severed or modified to the I
extent necessary to make it enforceable, and the resulting Agreement shall remain in full force and
effect.
16. Complete A m n . This document embodies the entire and complete agreement N
of the parties on the subject matter herein. No promise or undertaking has been made by any
party, and no understanding exists with respect to the transaction contemplated, except as
expressly set forth herein. All prior and contemporaneous negotiations and understandings
between the parties are integrated and merged into this Agreement.
17. Bindin ct. This Agreement shall be binding upon and inure to the benefit of
the parties hereto, their heirs, devisees, executors, administrators, assignees, transferees, and
successors in interest.
33
F:U99`YDononeNsYCLllC•EshelmmwaterleawegeemenLwpd
September 16,IM 1,
i
I',
Exhibit A
18. Governing_Law. This Agreement shall be governed by the laws of Colorado,
which state shall also be deemed the place where this Agreement was entered into and the place
of performance and transaction of business of the parties. In the event of litigation pertaining to
this Agreement, the exclusive forum, venue, and place of jurisdiction shall also be Colorado,
unless otherwise designated in writing by the parties.
19. Authorhy, Each person executing this Agreement represents and warrants that he
or she has been duly authorized by one of the parties to execute this Agreement and has authority
to bind said party to the terms and conditions hereof.
WHEREFORE, the parties have executed this Water Lease and Agreement on the day and
year first written above.
CARBONDALE LAND DEVELOPMENT
CORPORATION 7
Scott Writeer, Prudent
y
Roge Eshelman, Les e
By
n N elia Eshelman, Lessee
i
E
F:\19991Dce unenlslCLDGEshelman-wmedease-apeemenr.wpd
September 16,1999 Q
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UV G eEx..WitAlip
ftteorded at Z!, I it
RoceptlonNo. no J rAq561,9
Fi HISDEEU, badeifib 7day or October
91 .between
198''
oftha County or 1.a pinta and State of
Colorado,ofth.first part,and
P '•'` R05ER B. ESHELM4N "LYJ VELTI S. 659$LMliN
p•s whose legal addrehn le
h.,,. P.O. Sox 473, Snowmase, Colorado 91654
S,aR
F,';,• ( of the County fir Fitkin and State of Colorado.of the erand pert:
WITNOSSETR,that the raid pan.y 'of the first part.for and In ennrideratiun orthe cum of
Ten Dollars and other valuable consid oration - _ _ _ o
i.+`p`.%to the add party of the Rmt part in hand paid by the Held perilof the second pan,the rbceipL whereof le
rs5s3;2 hereby eenfetted and aelumodedted,he s sprawled,bargained,told and eonveyed,and by thee,pmaenta ddte
Fi grant, barrain,cell,eon,e and confirm unto the said artier of the aboard art,their helm and 0sRraypp lamb forever."
In taiLC?_ not in tenanry In common but in Joint tenancy,all the fa!IuwlnR deaenbed lot or pami of land,altuata,j
fr lying and berg in the - - County of Barfield and State of Caloradq to wit:
J
A. parcel of land Situated In Tot 12 of Section 11, Township 7 South,
Range 87 Weet'of. the Sixth Principal. Meridian lying Easterly of the o-
Easterly line of County Road.5o: 100,'Southerly of the Northerly line
ape WsAarly of the Easterly line of said Lot 1J, said parcel of land T1
is described as follower A
9eginninq at the East Quarter corner of`said Section 19t r "
fJ ar hence S. 99 32'27" W. 1324.03 feet along the East-:Jest cantorlinsIII, of sat{'Section 19 to the 5autheast corner of said Lot l21
thence N. 00 20'41" E. 116.90 feet-to a point in a fence as 'constructed
C and in place the True Point c.,,-3aginpinvl ' g e..
thence N. 97 32•03" W. 216.91 feat along said fence to the Easterly
line of County Road.No. 1011
ry thence N. 33 23'06" W. 479.76 feat along the Easterly line of said
i County Road to a point on the Northerly line of said Lot 121
thence N. 89 39126" E. 413.10 feet along the Northerly -Line of said
1 Lot 12 to the Northeast corner of said Lot 12t
thonce S.00 20141" V, 412.92 feat along the East, rly line of said
iAJ Lot 12 to the True Point of 9eginnSnq i
t-z4'
4.
i r
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bb
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Pddiil it A to Water
It n
Teary and Agraamnt I .
it
i I+AA"fi h6kJ1J dF1ddJ dtwd I
T(WE-1-IER with all ad einrular the hereditament gad eNlwrteuanrm lherrunlo Wiiu,ire.or in up'wim-aI,prr,.
laininq cud the re,,omion end rev erdmv.,reroeiad.,and remruui.rs, n•itt., ixeun and p+.nt. llvreof:gad all the
jMet.nrht,t/ie.udereq,claim and demand wlutnerer of lhr aa,d Party of thr foal Vart•aehvr u.law or•Wetly, tlof,in and tolhr ahuet barraivad promisee,witL ilea hareduenwnt.had appurte aner..
No.pW.aANYAM1TI OYf.It-lawrl.w+. kuJlr.0 Po W,Mnrlv.l.ue..ul Nu..t.lwm.r,.AnuM Kia erlli"Re
1
Exhibit A
EXHIBIT B
TO WATER LEASE AND AGREEMENT
MEMORANDUM OF LEASE
This MEMORANDUM OF LEASE is made and entered into this15 day of March J&ft 2001
by and between Carbondale Land Development Corporation, a Colorado Corporation (hereinafter
Lessor") and Roger and Amelia Eshelman (hereinafter "Lessee").
i. A Water Lease and Agreement was entered into on March 15, 2001 between the Lessor
and Lessee.
2. Lessee owns the property ("Lessee's Property") described on Exhibit A, attached hereto
and incorporated herein by reference.
3. Lessor is the owner of excess historic consumptive use water, as more particularly
described and decreed in Case No. 79CW097, District Court in and for Water Division No, 5. Pursuant
to the Water Lease and Agreement, Lessee has leased from Lessor, for consideration to be paid each year,
a perpetual right to delivery of 0.3 acre feet of Lessor's historic consumptive use water, to provide a legal
water supply for the Lessee's Property, pursuant to the Lessor's decree in Case No. 99CK198 , District
Court for Water Division No, 5. I
4. This Memorandum of Lease is being recorded to provide notice to third parties of the
existence of the Water Lease and agreement. Nothing herein shall modify the,terms and conditions of
the Water Lease and Agreement between Lessor and Lessee.
j
CARBONDALE LAND DEVELOPMENT ROGER AND AMELIA ESHELMAN
CORPORA
L
i
writer, President
STATE OF COLORADO
couNrYOF. aar-efj
Subscribed and sworn to before me thisa6.day of,
R,-
1999 by Scott Writer, as P, s 'nt of Canda d t
Developnnent Corporation. J P
IQ
p
GIN
My commission expires:
R ::Roc Notary Public U 4
STATE OF COI.ORADO
couNrroF v e l PU13
Subscribed and sworn to before ine this day of ger and Amelia
My commission expires: J GO to
W--GOMM S"aWN EXPIRES Notary Public
01/10/04 SEAL) :CO
9ltr.G+'A:11999tDoevnienlaVCLix;-Eshelman-wetedeue•agcement,wpd 3
September 16,1999 31
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Xhil3it A
0
A.
Record" It
u,. RoeeptlonNe.,6,e leeAP 583 rdcE.68
TRISUEEU, Hade thf,davnr October
LEI MC C0R"!C.
OCT 16 198
lam
tlir.a'.
Caunfy Of I,R matt snit gtatPol
Colorado,ellhs nut porn and ase
R=R S. ESHELM4V 1I A'!Etli S. 3SREVAN
whowlegslsddw®is P.O. Sox 473, SnnvmRes, Coloralo R1454
Dr
eflAe Count of and state ofe.orado,af the rt:y r`,nr Y Fitkin w
N'17N6nftCtih that tAe veld party if the III P.m II and in ennJdanton eflhe num of
Pen Dollars aryl other valuable consideration - - - - e
to the laid parbr of the met pert In hand paid by the said parties of the Attend pan,the rwwipt whereof to A;;:
e JF hewby nnf+seed and acknowledged,ha A Wanted,b.M.Ined,utd and conveyed,and by ihruprwanty de"®' „ + ':i'`i`. •
f 'aunt, bamin, sell,aronreY and rwnnrm unto the said parties M the oerond part.their MNro and udgne farorer,'
net in unaney In common but in Joint tenahcy.ell tit.fellAwing described lot ev parcel of land.dtuaN, 'i?'gsl}
a
r+
t., lying and being in tha, Counlrof Garfield and$tote o(Colendgtewlet t ,?
A Parcel of lard situate! in Got l7 of Section 11. Poenshio 7 South,
i 1• o-Range 87 Plait of the Sixth Principal Meridian lying Easterly of the
Eaetarly line of County Road `lo, 100,'Southerly of the Northerly liner,;;,
and Westerly of the Easterly lino of said tot 17r said Parcel. or lard li?;
is described in follousr -.,
d
Beginning At the East Quarter corner of'adid Section 1Rt T t
3!' thence S. 99 37127" W. 1324.03 feet along the Eaat_:dest cant erlino
y5 of stir Section 1R to the Snut9eaet corner of said Lot 171 K<<?•
I than" N. 00 20141" E. 110.90 feet-to a point in A fence as constructed is F,ko 'i• -!And in place the True Point u,,,.7aginningt ySigql •a"
thence 9. 97 32103" w'. 7.16.Si ,feet along said fence to the Easterly
y"yem., line of County Road No.• 100t
tj l,I thanes A. 33 23'06" V. .479.76 feet along tho Easterly line of said 17- 4
County Road to a Point on the Northerly Tine of said Lot 121
Gr 'at thence R. R9 39'26" E. 413.10 feet along the Northerly 'Ellie of said yc)1""
a Lot 12 to the Northeast corner of sail Lot 12(
thence 5.00 20-41" V. 412,t.7 font along the Sam rty line of said 5)•.
Iq L'ot 12, n the 'Prue Point of Beginning.tj
F-
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iAV: 99
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roZ
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FA it A to
Mmurardn of Tram
ra;l ldkhlt6FdWl 6ddEdddJdwd
TOGMIRR with all And viugular the hareditantiI and ayyutteuanees ther.YRio IM UII nt in All)Win Aptwr•
tl
fulling,And In. wvvr.inn and reverdun,.rvmaind., snit remau,&n.wnl..iwvuev and in Dote lh,I And all In.
estate,right,titL,uM1ewrL ria)m and d.nued wbabwv.t:'f tt:e utd Iwtty of the fuel yart,eilhvr sit law ur oquity,
et In and W the above barga)nvd premise+,we 1,tit*h.wdnkinou.and gglaWntinns.
X
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452553 03/20/2001 01:35P LEASE DAVIS SILVI Exhibit A
1 of 2 R 10.00 D 0.00 N 0.00 PITKIN COUNTY CO
EXHIBIT B
TO WATER LEASE AND AGREEMENT
MEMORANDUM OF LEASE
This MEMORANDUM OF LEASE is made and entered into this15 day of March 19ft 2001
by and between Carbondale Land Development Corporation, a Colorado Corporation (hereinafter
Lessor") and Roger and Amelia Eshelman (hereinafter "Lessee").
1. A Water Lease and Agreement was entered into on March 15, 2001 between the Lessor
and Lessee.
2. Lessee owns the property ("Lessee's Property") described on Exhibit A, attached hereto
and incorporated herein by reference.
3. Lessor is the owner of excess historic consumptive use water, as more particularly
described and decreed in Case No. 79CW097, District Court in and for Water Division No. 5. Pursuant
to the Water Lease and Agreement, Lessee has leased from Lessor, for consideration to be paid each year,
a perpetual right to delivery of 0.3 acre feet of Lessor's historic consumptive use water, to provide a legal
water supply for the Lessee's Property, pursuant to the Lessor's decree in Case No. 99CW198 , District
Court for Water Division No. 5.
4. This Memorandum of Lease is being recorded to provide notice to third parties of the
exisjq& of the Water Lease and Agreement. Nothing herein shall modify the terms and conditions of
the Water Lease and Agreement between Lessor and Lessee.
N®
CARBONDALE LAND DEVELOPMENT ROGER AND AMELIA ESHELMAN
CORPORA TIQ?4--
Cott Writer, President
m
STATE OF COLORADO m p
COUNTYOF_ f ' fd_
Subscribed and sworn to before me this day of Z L ,4W9 by Scott Writer, as P. it of
Development Corporation. rr
VC,v6P : 0 om®
My commission expires:
t•. hie ow®
i i- R-a004 Notary Public q qv in
STATE OF C0j.ORADO
COUNTY OF Y E. PUB.. .
c
Subscribed and sworn to before me this day of Rog,r and Amelia E
y
m
My commission expires:
m;-GoMM1SWN EXPIRES- Notary Public rt, {:a
01/10/04 1SE )AL IDPleasereturnto: 9% i
V
Leavenworth& Karp, P.C.
P;V9991DceumemslCL C-Eshelmemwetedeauap eeme P.O. Drawer 2030
septemben6,1999 Glenwood Springs, CO 81602
h.. :
E
OCI 1G 1981
X 3ikl;f A
pate did at 1 A ., _
r4cfr•' . Roteptfon No._.ee6r. eroNlHn e3esJ PdCE a yy568
rTNIS DESb,TMadethlo. ._. ..._.--' dal or October 7I .
I .1081- .tolwson
I .I LEI MC C1R"1C,
OCT 16 198,
4; e[eha County of La -iota and lute of
j°. m - Colorado,piths furl pert.and
ROGER 8, ESHELM41 &D 4`!ELT1 S. 5S46LMAN
Mom U.
p ro® ( wheat legal sddreas16 P,0, lox 473, Snowmass, Colorado 41454
0J0 rig of the County of Pttkin and lisle of Colorod..0 the second part:
U It: N'nN181FISC171,that the said purl y of the first part,for and in mndderwtlen ofthe sum of01
aggligif F.- y Pen Dollars aril other valuable consideration - - - - - 'AYfNMR6_
40LD O i .nX. W the owfd party of the firm part in hand paid by the old ganleu of the second part,the r lre wb.,euf b
herby eanfeeud and aeknopl 1.4,he ¢ranted,baraalned.mold and e-AnvrYvd,.hd l•Y th...l—nodoee'
D O gone,bargain,"if,nmey and rnnnrm unto the said parties orcothesend pert,their help waand n¢no forever, qq
N-1 J,'; not In tenancy in common but In Joint tenancy,all thr fnilumeeg described lot or parcel of and,altuaW
mtmLL Sr lying And being In the , County of 3arfield and Slate of Colorado,W wit:
0-a 1
1 "-A parcel of Isrd situates in Lot 12 of Section 19, Pownshio South,5t;'•t;'i2if;..ea n ;= Range 87 West of the Sixth Principal. Meridian lying Easterly of the
a,ED
ram0 Easterly line of County Roan Na. 10D,'Southerly or the Northerly line
0 0 ani Westerly of the Easterly line of said Lot 12, said boreal of lanlL 6:
moo rt ilt id described as follower ,
No ir, t,r . '36ginnlrig at the East Quarter oorner ofsaid Section l9J
oa d ^y thence S. 99 32 27" W. 1374.03 feet along the East:goat centerline
bf saV'Section 19 to the Southeast enrnor of said Lot 121
mom r
thence N. 00 20141" E. 114.90 :'eat to a point in o fence as constructed 3t Jti.
y and in place the hue Point o,,.3eginningl tiesj1YMyN1 - thence V. 97 32'0:" W. 2.16.31 ,^oat along said fence to the Easterly
aN• J' line of County Road No. 1011
t®pm„ thence N. 33 23'06" 14. .479.74 feat along the Easterly line or said
County Road to a mint on the Northerly line of said tot 121 liar;;
thence N. 99 39126" E. 493.10 feet along the +lartherly 'line of said
Lot 12 to the Northeast corner of sail Lot 121 11
thence 5.00 20r41" V. 412.92 foot alon3 the Easb rly line of said
till1 '
No It 12, to the True Point or rleginninq. y
y Q
11••3in
Wu
w(Q, ;. W r
t]
L
Y
cc GI ryMWWJUPnn- ,R AY.
ItomT
Edlibit A to l
svm i Natorardin CtE Tm 1111
N
N m •• 4+I F wr rrdad a+
TMETHEft with ail and singular the horr,litamgd.and ppurUuuneva ehemunW h.lury•in¢,fir in anywVsv ut'twr• i 1
laming,and the revor.inn and mused..., spiked,, and re,nwndrr., rr14.. Is.... and p,,nt. tlwtvufl and all the
in 4. eeiste.rlghbtale,mtemn,slum and dvinu,d VhateWVer P{ills r\Id herty of llm firs)pan•vith"in Iaw or natety,
N a or,in and Wthr stout bsrph,rd premiw..will,the hrfvdnuo,Yntau,d vppurlowvnrrs.
N
N.T".A Aka.\T\W.,, r_,__...v.._ u-.u..av,.u.._. v..... .... ,. . . ......... ... v
Exhibit A
DISTRICT COURT,WATER DIVISION NO. 5, COLORADO t
Case No. 99CW198
FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF
WATER COURT
it
IN THE MATTER OF TI IE AMENDED APPLICATION FOR WATER RIGHTS OF ROGER
AND AMELIA ESHELMAN,
in Garfield County, Colorado O I
i
This matter came before the Court upon the Amended Application of Roger and
Amelia Eshelman for a Change of Water Right and Plan for Augmentation.
The Water Judge referred the Amended Application to the undersigned as Water
Referee for Water Division No.5,State of Colorado,in accordance with Article 92 of Chapter
37, Colorado Revised Statutes 1973, known as the Water Rights Determination and
Administration Act of 1969.
The undersigned Referee has made such investigations as are necessary to determine
whether or not the statements in the Amended Application are true, has become fully
advised with respect to the subject matter of the Amended Application,and has consulted
with the Division Engineer for Water Division No. 5. The Referee hereby makes the
following determination and ruling as the Referee in this matter.
I. FINDINGS OF FACT
1 Roger and Amelia Eshelman filed an Application for a Change of Water Rights
and Plan for Augmentation on September 30, 1999. Applicants filed an Amended
Application on October 6, 1999.
2. The Amended Application was properly published in the resume for Water
Division No. 5. All notices required by law have been made,and the Court has jurisdiction
over the Amended Application and over all of the parties in this case.
I'.
l
Exhibit A
3. None of the water rights or sources thereof involved in this Amended
Application are located within a designated ground water basin.The Eshelman Well No. 1
and source thereof are not located within a designated ground water basin.
4. No Statements of Opposition to the Amended Application were filed. The
time for filing such statements has expired.a
CLAIM FOR CHANGE OF WATER RIGHT
5. Decreed name of structure for which change is sought: Basalt Conduit.
6. Information from previous Decree for Basalt Conduit:
A. Date Entered: June 20,1958
Case No:W-4613
Court: Garfield County District Court
B. Decreed point of diversion: The decreed headgate and point of
diversion for the Basalt Conduit is located on the left side of the Frying Pan River in the NE%4
of the NW% of un-surveyed Section 18,T. 8 S.,R.84 W. of the 6th P.M. at the head of the
outlet tube for Ruedi Reservoir whence the SW corner of Section 7 of T. 8 S.,R.84 W.of the
6th P.M.bears N. 79°00'W.,a distance of 2,017.1 feet.
C. Source: The Frying Pan River, tributary to the Roaring Fork River,
tributary to the Colorado River.
D. Appropriation Date; July 29, 1957
E. Amount: 450 efs
F. Use: Generation of electricity, irrigation, domestic, municipal, stock
watering, piscatorial and industrial.
7. Proposed change: Applicant seeks an alternate point of diversion of the Basalt
Conduit in the amount of 0.033 cfs(15 gpm) at the Elshelman Well No. 1,more particularly
described as follows:
Case No. 99CW 198
Applicant: Roger and Amelia Eshelman
Findings of Fact,Ruling of Referee,and Judgment and Decree of Water Court u
D:\Wp-docTshelman\decree 5-8-00.wpd page 2 l
9
i
Exhibit A
A. Location: SW1/4 NE 1/4 of Section 18,T. 7S., R. 87 W.,of the 6`s P.M.,
at a point 2,200 feet from the North section line and 1,400 feet from the East section line,in
Garfield County.
B. Depth: 250 feet
C. Source: groundwater tributary to Cattle Creek, tributary to, Roaring
Fork River.
D. Amount: 15 gpm
8. Basalt Water Conservancy District(`BWCD") owns the Basalt Conduit water right.
Applicants have a water supply contract with BWCD.
9. Name and address of owner of land upon which point of diversion of well and place
of use are located: Applicants
10. The proposed well will serve up to tree individual residential sites.
CLAIM FOR PLAN FOR AUGMENTATION
11. Name of structure to be augmented: Eshelman Well No. 1
12. Water rights to be used for augmentation:
A. Park Ditch and Reservoir Company. The Applicants are the owners of an
option to perpetually lease 0.3 acre foot of historic consumptive use decreed in Case No.
79CW097,Water Division No.5 (hereinafter sometimes referred to as "CLDC water"). The
0.3 acre foot of adjudicated historic consumptive use is derived from water rights decreed
to the Park Ditch and Reservoir Company. The Park Ditch and Reservoir Company diverts
water from Cattle Creek under the following water rights:
Case No,99CW 198
Applicant:Roger and Amelia Eshelman
Findings of Fact,Ruling of Referee,and Judgment and Decree of Water Court
D:\Wp-doc\Eshelman\decree 5-8-00.wpd Page 3
Exhibit A
TABLEI
PARK DITCH WATER RIGHTS
Ditch Decreed Priority No. Decreed Adjudication Appropriatio C.A.
Amount Location Date n
Sec.7, Date
T.7 S.,
R.87 W.
Park Ditch 9.0 221A NW/SW/SE 6/26/1913 9/12/1904 1627
Park Ditch 4.1 232 NW/SW/SE 6/9/1916 7/1/1912 1821
Park Ditch 1.8 221A NW/SW/SE 4/16/1917 9/12/1904 1627
Park Ditch 2.0 232 NW/SW/SE 9/5/1918 7/1/1912 1973
Direct flow diversions under the shares in the Park Ditch and Reservoir Company are
supplemented by releases from Consolidated Reservoir. This reservoir operates
under the following decreed priorities:
TABLE II
CONSOLIDATED RESERVOIR WATER RIGHTS
Structure Decreed Priority,Nar Decreed Adjudication Appropriatio CA.
Amount Location Date n Date
Sec.19,
T,6 S.,
R.87 W.
Con.Res. 595.0 AF 813 NEME 2/15/1921 9/8/1898 2144
Con.Res. 285.6 AF 678 NEVNE 6/20/1958 9/1/1948 4613
Con.Res, 401.0 AF 654 NE NE 11/5/1971 9/1/1948 5884
Historic use: The historic use associated with Applicants' 0.3 acre foot of historic
consumptive use was adjudicated and determined in Case No. 79CW097 in the
District Court in and for Water Division No. 5.
B. Rtiedi Reservoir, By contract dated September 30,1999,up to 0.1 acre
feet of water has been secured by the Applicants from the Basalt Water Conservancy
Districrswater allotment contract with the Bureau of Reclamation for Ruedi Reservoir water.
Ruedi Reservoir is an on-channel reservoir located in the NW%4NE%a of Section 18,Township
Case No. 99CW 198
Applicant:Roger and Amelia Eshelman
Findings of Fact,Ruling of Referee,and Judgment and Decree of Water Court
D:\Wp-doc\Eshelman\decree 5-8-OO.wpd Page 4
Exhibit A
8 South,Range 84 West of the 6t4 P.M.,in Eagle and Pitkin Counties. Ruedi Reservoir was
originally decreed for 140,697.3 acre feet in Civil Action No. 461.3, Garfield County District
Court on June 20, 1958,with an appropriation date of July 29,1957,for hydro-electric power
generation,irrigation,municipal,domestic,industrial,piscatorial and stock watering uses.
Subsequently,in Case No.W-789-76,Water Division No.5,the amount of water decreed to
Ruedi Reservoir was reduced from 140,697.3 acre feet to 102,369 acre feet.
i L
13. Statement of plan for augmentation:
A. Water will be diverted from the Eshelman Well No. 1,as an alternate point of
diversion for the Basalt Conduit, on a year-round basis for domestic use for three single-
family dwellings on a single residential site. During the months of May through October,
inclusive("the inigation season'),water will also be diverted under these rights for irrigation
of up to 4,500 square feet of lawn and landscape irrigation. Water will also be diverted for
watering of six head of stock.
B. This plan'is based upon the assumption that each single-family home is
estimated to require an average of 350 gallons/day ("GPD"),based upon 3.5 persons using j
100 GPD each. Depletions are estimated to be 15% of diversions;waste water treatment will
be by a septictank/leach field system. Livestock water demand is estimated to be 11 GPD
per head, or 66 GPD total for six horses, and is considered to be 100% consumptive. The
irrigation demand is 2.33 acre feet per acre, based upon the Blaney-Criddle methodology,
assuming an 80% irrigation efficiency. Irrigation depletions are assumed to be 1.87 acre feet
per acre.
I
C. The projected diversion requirements for these augmented uses are 1.56 acre
feet annually,with a projected annual consumptive use of 0.461 acre feet. Exhibit A hereto
is a table summarizing the contemplated monthly diversion and depletion amounts. The
Eshelman Well No. 1 meets the criteria of well group D of the BWCD delayed depletion
categories,as decreed in Case No.87CW155,Water Division No.5. Exhibit B hereto depicts
the monthly depletion and delayed return flow factors for well group D. A projected
augmentation schedule taking delayed depletions into account is Exhibit C hereto. The
projected augmentation requirement from the CLDC water is 0.225 acre feet annually,and I
the projected requirement for releases from Ruedi Reservoir is 0.038 acre feet annually.
Consistent with prior BWCD decrees, Applicants have anticipated that a call against the
Basalt Conduit during the non-irrigation season would occur only in the month of April.
Case No. 99CW 198
Applicant:Roger and Amelia Gshehnan
Findings of Pact, Ruling of Referee,and Judgment and Decree of Water Court
D:\Wp-doc\Fshclman\decree 5-8-00,wpd Page 5
r
g
y
Exhibit A
D. The above-described augmentation plan is sufficient to allow uninterrupted
diversions from the well,and prevent injury to other vested and decreed conditional water
rights.
H.CONCLUSIONS OF LAW
1. The foregoing findings of fact are fully incorporated herein.
2. Notice of the Amended Application was properly given. The Court has
jurisdiction over the Amended Application and overall persons or entities who had standing
to appear, even though they did not do so.
3. The Amended Applicationis complete,covering all applicable matters required
pursuant to the Water Right Determination and Administration Act of 1969,C.R.S.§§37-92-
101 through -602.
4. The Court has given due consideration to the Division Engineer's Summary
of Consultation dated January 25, 2000. See C.R.S.§37-92-302(4).
5. Applicants have fulfilled all legal requirements fora decree for the requested
change of water right including C.R.S. §§37-92-302 and 37-92-305.
6. Applicants have fulfilled all legal requirements for a decree for the requested
plan for augmentation including C.R.S. §§37-92-302 and 37-92-305.
7. The change of water right described herein will not injuriously affect the
owner of or persons entitied to use water under a vested water right or a decreed conditional
water right.
8. If operated in accordance with the terms and conditions of this decree,the plan
for augmentation described herein will prevent injury to senior vested or decreed
conditional water rights.
9. The subject Amended Application is in accordance with Colorado law.
Applicants have fulfilled all legal requirements for entry of a decree in this case.
Case No.99CW 198
Applicant:Roger and Amelia Eshelman
Findings of Fact,Ruling of Referee,and Judgment and Decree of Water Court
f>:\Wp-doc\Eshelnan\decree 5-8-OO.wpd Page 6
i
Exhibit A
III. TUDGMENT AND DECREE
1. The foregoing findings of fact and conclusions of law are incorporated herein.
2. The Court hereby orders the State Engineer to issue any required well permits
for the wells described in paragraph I.6.,above,upon application to the State Engineer.
3. The Court hereby confirms and decrees the change of water right for the
Eshelman Well No. 1,as described herein.
4. The Court hereby decrees and approves the plan for augmentation described
herein.
5, The Applicants shall install measuring devices,provide accounting,and supply
calculations regarding the timing of depletions as required by the Division Engineer for the
operation of this plan. The Applicant shall also file an annual report with the Division
Engineer by November f5'following each irrigation year(November 1 through October 31)
summarizing diversions and replacements made under this plan.
6.Prior to an subdivision of the subject property, the Applicants shall establish
a homeowners association, which shall be responsible for ensuring that the terms and
conditions of this decree are met.
7. In consideration of the specific findings and conclusions made herein,and in
conformance with C.R.S. § 37-92-304(6) (1990), as amended, the change of water right and
plan for augmentation decreed herein shall be subject toreconsideration by the Water Judge
on the question of injury to the vested water rights of others for a period of five years after
the augmentation plan becomes operational. If no petition for reconsideration is filed within
said five years, retention of jurisdiction for this purpose shall automatically expire. Any
party who wants the Court to reconsider the question of injury must file a verified petition
with the Court, setting forth the facts that cause such injury and explaining the claimed
injury. Tlne party filing the petition shall have the burden of proof to establish the facts and
the injury alleged in the petition.
8. In conformance with Colo. Rev. Stat. § 37-92-305(8), the State Engineer shall
curtail all out-of-priority diversions, the depletions from which are not so replaced as to
prevent injury. Further, the Applicants and their assigns understand that the Ruedi
Reservoir replacement water is a lease supply, and if such lease should expire, fail to be
Case No. 99CW 198
Applicant:Roger and Amelia Eshelman
Findings of Fact,Ruling of Referee,and Judgment and Decree of Water Court
D:\Wp-dcc\Eshehnan\decree 5-8-OO.wpd Page 7
Exhibit A
renewed,is terminated, or an alternative source of water is not included in this decree by
proper amendment prior to such expiration,curtailment of all out-of-priority diversions will
occur.
9. Review of determinations made by the Division Engineer or the State Engineer
in administration of the change of water and plan for augmentation is a "water matter"
which the Water Court may review de novo and over which the Water Court has exclusive
jurisdiction.
It is accordingly ordered that this ruling of Referee and judgment and decree shall be
filed with the Water Clerk and shall become effective upon such filing, subject to judicial
review pursuant to C.R.S. §37-92-304,as amended.
It is further ordered that a copy of this ruling of Referee and judgment and decree
shall be filed with the State Engineer and the Division Engineer for Water Division No. 5.
Done at the -City of Glenwood Springs, Colorado, this o]jAday of
Aftm 2000.
BY THE REFEREE:
Copy of the foragol ® mai/led to all
Counsel of record- Wate
Div. E sneer-N•an
State Engin®ort--Date f/
newYCIa 4:.vlrx r,H.No.a
Daniel B. Petre, ater Referee
xeisel
Water Division No. 5
State of Colorado
ml .
No protest was filed in this matter. The foregoing Ruling of the Referee is confirmed
and approved, and is made the Judgment and Decree of this Court.
Done this ;/ day of 2000.
Copy of the foregopg malted to all
Counsel of record--•Water% BY THE COURT:
Referee,---Dlv. E sneer- ••
State Engineers-Date J
Helsel
Thomas W. Ossola, Water Judge
j
Case No.99CW 198
Applicant: Roger and Amelia Eshelman
Findings of Fact,Ruling of Referee,and Judgment and Decree of Water Court
D:\Wp-doc\Eshelman\decree 5-8-00.wpd Page 8
i I
Exhibit A
Forrtl No. OFFICE OF THE STATE ENGINEER
GW*25 COLORADO DIVISION OF WATER RESOURCES
Bill Centennial Bldg.,1313 Sherman St,Denver,Colorado 80203
303)8663561
EXST
WELL PERMIT NUMBER 054836 _-F
APPLICANT DIV. 5 WD 38 DES. BASIN MD
APPROVED WELL LOCATION
GARFIELD COUNTY
ROGER&AMELIA ESHELMAN SW 1/4 NE 1/4 Section 18
7378 OR 100 Township 7 S Range 87 W Sixth P.M,
CARBONDALE, CO 81601-
DISTANCES FROM SECTION LINES
2200 Ft.from North Section Line
970)963.9800 1400 Ft,from East Section Line
CHANGE]EXPANSION OF USE OF AN EXISTING WELL
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
ZNPLIIONS OF APPROVAL
1) This well shall be used in such away as to couso no material Injury to existing water rights. The issuance of this permit
does not assure 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.
2) The construction of this well shall be In compliance with the Water Well Construction Rules 2 OCR 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 Roger and
Amelia Eshelman Augmentation Plan approved by the Division 5 Water Court In case no.99CW198. If thiswell is not
operated In accordance with the terms of said decree,It will be subject to administration Including orders to cease diverting
water.
4) Approved for the expansion of use of an existing wall,permit no. 102097. The Issuance of this permit hereby cancels
permit no.162097,
5) The use of ground water from this well Is limited to ordinary household purposes inside three single family dwellings,the
Irrigation of 4,500 square feet of lawn and landscape irrigation,and the watering of six head of stock.
6) The maximum pumping rate of this well shall not exceed 15 GPM.
7) The annual withdrawal of ground water from this well shall not exceed 1.66 acre-foot.
8) The return flow from the use of this well must be through an individual waste water disposal system of the r
non-evaporative type where the water is returned to the same stream system in which the well is located.
g) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer,end court case
number(s)as appropriate. The owner shall take necessary means and precautions to preserve these markings.
10) A totalizing flow meter must be installed on this well and maintained In good working order. Pennanent records of all
diversions must be maintained by the well owner(recorded at least annually)and submitted to the Division Engineer upon
request. G
11) This well shall be located not more than 200 feet from the location specified on this permit and not less than 600 feet from
any existing well.
APPROVED
JD2
State Engineer
Recelot DATE ISSUEDNo.0451310
j B EXPIRATION DATE N O U
I
1
FORK.ad: pIIAAP IN AND TEST REPORT r«aT1oe use!v
o412. a,/
t{rvo STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 4-zz-
WELL PEAMfr NUMBER V36 - If WEED ! 1
2. OWNER NAME(S) v. Ea7lcZ18L)
Mailing Address
Y.,......W
City, St, Zip M auJ — WLpETRI .au ues
Phone ( UctO. ) 2 362 S7AtE Lr !:.ECG
3, WELL LOCATION AS DRILLED; 5W 114'+J 1(4,Sec. /8' Twp. _ Ranged LL
DISTANCES FROM SEC, LINES:
2s5o ft, from ev Sec, one. and I Oo f, from &-A
5-
Sec, kne,
SUBDIVISION; LOT BLOCK FILING(UNIT)
STREET ADDRE75 AT WELL LOCATION;
A. PUMP DATA aTyps 5d4.t4txs/ALE Installation Completed
Pump Manufacturer amour ta5 Pump Model No. 2
Design GPM /6 at R 34 HP Vofts (jA Full Load Amps_
Pump Intake Depth z3 Feet, Drop/Column Pipe Size Inches, Kind , h t Y3 f r/c
ADDITIONAL INFORMAAMO NFF R PUMPS GREATER-THAT 500 GPM:
TURBINE DRIVER TYPE; LJ electric EJ Enginu L J Other
Design Head test, Number of Stages Shaft size Inches.
OTHER,9Q(t PMENT;
rtr
Airline Installed rD Yes®No, Orifloe Depth fJ, Monitor Tube Installed Yauallo, Depth if,
Flow Meter Mfg, Meter Sadal No.
Meter Readout 171 Gallons,Thousand Gallons, 0 Acre feet, ® Beginning Reading
a TMT DATA:Check box M Test data is submitlep op Supplemental Forni.Date i/ ti/RI
Total Well Depth 2t 1' Time
Statio Leval 2L-ir" Rate (GPM)
Date Measured Pumping Lvl. _a
7. DISINFECTION: Type Amt, Used IGI!12--
6. Water Quality analysis available. Yes No
9. Remarks
4
o. 1 have read the statements made herein and know the coments thereof, and that they are true to my knowledge
Pursuant to Section 24-4104 (13)(a) C.R.S„ the making of false statements herein constitutes perjury in the secant
degree and is punishable ae a class t misdemeanor.)
CONTRAOTOR SNMv A'Nf'C• Phone t w3 ) `1-6sD9 Uo, No./050.
Mailing Address ue
Name ltle (Plensa type or print) Sigttatu Date
F'On OFFYhih 0NLYw,.—. —..-...1.
1CLL KdC}P'L TIQN AND TUQT R HC7ftT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
WELL P (MHEFi 6 d9T
i.
5t1831
OWNER'S NAMK'(B) Rcgnr F.aholman
Mailing Address P. O. Box 473
City, St Zip 5no ass, Co. 81664 kwuu.:tENN F s5
Pton® 3031 927-3620
o
arwa9feto
WELL LOCATION ASDniLLED: SU 114 HE 1A4 Sea. 18 Tivp. 7S Range 079
DISTANCE FROM SEO.LINES:
Ft From Sae Line.And Ft.From Sec.Una. Or
SU6DMSION: LOT BLOCK FILING(UNIT)
STREET ADDRE53 AT WELL LOCATION;
GROUND SURFACE ELEVATION ft, DRILLING METHOD Air Rotary
QATECOMPLETED in/29/91 TOTAL DEPTH 240 it COMPLETED DEPTH 240 it,
S, GEOLOGIC LOG:
1 P901Mawm 9.0 b.tl 30
000-240 Volcanic Vockw, Flows 6.S 30 240
7,PLAIN CASING
OD(in)Kind Wall Size From(h) To(h)
7.0 t 0.24p 0.0 30
r
G.6 PVC 0.250 20 210
acne c . Slot sl"
5 5 IPVC 1 0:250 210 240
e, FlkarPack
Exh,
der Placement
WATER LOCATED ; 210+ Material
n`
itaiVIneerval
10. GROUTING REOORO:
t7l=MARKS: 1410114 Amount Dom k"Nal t8nne w
r
cetnerit 3 k b al/tc 0-30fiwursd
11, DISINFECTION : T H Amt U td 2 oz.
12. WELL TEST DATA; Mai Box If Tout Data la Submitted On Supplsmontai Farm,
TEST)NG METHOD : Air compreawr
Static Level: 260 % DatelrimeMeasured 10/29f91 Production Rate i5 gpm
Pumpingleval: Total It DaterrimeMeasurod 10/29/91 Test Length (hrs) 2
Ramwk%
W W409W a, p
n,ot wnuo nhry to a to o ens.sw a sn 4oamtlMeSpertiryntheYBCV,Odo¢a ad kpethdle gc 4 miSCAfAbWl.) I
CONTRACTOR : Sh4lton Drilling Co. Phone: 303-927-4102 Uc.Nm 1095
M Ilinn.Addrass : P0 . ox 1059 Bacalt Co. 01621. i
N,mar'rltls tf leatc7ypoors 7 sf ons
1p/30/91 R
G1aYne Shr37.ton/ Owner a.,,,Lc.;
ORIGINAL
Ii1
1
Exhibit B
BASALT WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT NO.347
Pursuant to C.R.S. 1973V-*7454-TP: December 17, 2020 9:43 AM
Roger and Amelia Eschelman (hereinafter "Applicant") has applied to the Basalt Water
Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado,
organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973,37-45-101,et seg.
for an allotment Contract for beneficial use of water rights owned,leased, or hereafter acquired by
the District. By execution of this Contract,Applicant agrees to the following terms and conditions:
1.QUANTITY: In consideration of the covenants and conditions herein contained,
Applicant shall be entitled to receive and apply to beneficial use 0.033 cubic feet of water per second
from the District's direct flow rights and 0.1 acre feet per year of storage or other augmentation water
owned or controlled by the District.
2.SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract
shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's
Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other decrees or water rights hereafter
acquired by the District,including the District's contractual right to receive storage water from Ruedi
Reservoir and Green Mountain Reservoir. The District shall have the right to designate the water
right or Decree of the District from which the Applicant's allotted rights shall be obtained. The
Applicant's use of any of the District's water rights shall be subject to any and all terms and
conditions imposed by the Water Court on the use of the District's said rights. Exchange or
augmentation releases made from the District's storage rights in Ruedi or Green Mountain Reservoirs
or other works and facilities of the District shall be delivered to the Applicant at the outlet works of
said storage facility and release of water at such outlet works shall constitute full performance of the
District's delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green
Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of
Reclamation and any rules and regulations promulgated pursuant thereto.
3.PURPOSE AND LOCATION OF USE: Applicant will use the waters herein granted
for beneficial purposes limited to the augmentation of existing and future wells and other water
sources,within or through facilities or upon lands owned, operated, or served by Applicant,which
lands are described on Exhibit"A"attached hereto;provided that the location and purpose of Appli-
cant's use of said water shall be legally recognized and permitted by the applicable governmental
authority having jurisdiction over the property served. Applicant's contemplatedusage for the water
allotted hereunder is for the following use or uses:
X Domestic/Municipal _ Industrial_Commercial _ Agricultural
Other
Applicant acknowledges that usage of the District's water rights as herein contemplated shall
be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right to use
certain waters. It is acknowledged that certain locations within the District may not be susceptible
own awowvba.,
I
Exhibit B
to service solely by the District's water rights allotted hereunder or the District's said water rights
may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by
use of the District's allotted water rights,or in the event said service is inadequate,Applicant may,
utilize such other water rights,by way of supplementing the District's water rights,or otherwise,as
is necessaryto assure waterservice sufficiently reliable forApplicant's intended purpose orpurposes.
All lands, facilities and areas served by water rights allotted hereunder shall be situated within the
boundaries of the District. The District reserves the exclusive right to review and approve any
conditions which may be attached to judicial approval of Applicant's use ofthe District's water rights
allotted hereunder. Applicant agrees to defray 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
adjudication necessary to allow Applicant's use of such allotted water rights;provided,however,in
theevent any such adjudication involves more ofthe District's waterrights than are allotted pursuant
to this Contract,Applicant shall bear only a pro-rata portion of such expenses. Applicant shall be
solely responsible for providing works and facilities,if any,necessary to utilize the District's water
rights allotted hereunder for Applicant's beneficial use.
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,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. The 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,but
not at the original point of diversion, only as against water rights which are junior to the date of
application for the alternate point of diversion.
In the event the Applicant intends 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 an augmentation plan to utilize the water allotted
hereunder,Applicant shall not be obligated to bear or defray any legal or engineering expense of the
District incurred by the District for the purpose of developing and adjudicating a plan of
augmentation for the District. In any event, the District shall have the right to approve 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.
4.PAYMENT: Applicant shall pay annually for the water service described herein at
a price to be fixed annually by the Board of Directors of the District for such service. Payment of
the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the
District that the payment is due. Said notice will advise the Applicant, among other things, of the
water delivery year to which the payment shall apply and the price which is applicable to that year.
If a payment is not made by the due date,written notice thereof will be sent by the District to the
Applicant at Applicant's address set forth below. If payment is not made within thirty(30)days after
said written notice,the District may,at its option,elect to terminate all of the Applicant's right,title,
CWP.OMLMPC BWCV4tlJnaNiN vn Hl 2
Exhibit B
or interest under this Contract,in which event the water right allotted hereunder may be transferred,
leased or otherwise disposed of by the District at the discretion of its Board of Directors.
In the event water deliveries hereunder are made by or pursuant to agreement with some other
person,corporation,quasi-municipal entity,orgovemmental entity,and in the event the Applicant
fails to make payments as required hereunder, the District may, at its sole option and request,
authorize said person or entity to curtail the Applicant's water service pursuant to this Contract,and
in such event neither the District nor such persons or entity shall be liable for such curtailment.
5.APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract
is valid and in force, Applicant will budget and appropriate from such sources of revenues as may
be legally available to the Applicant the funds necessary to make the annual payments in advance
of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any
person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in
service due to the failure of Applicant to maintain the payments herein required on a current basis.
6.BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially
used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit
of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said
Applicant without the prior written approval of the Board of Directors of the District.
In the event the water right allotted hereunder is to be used for the benefit of land which is
now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by two
2)ormoreuses ofthe water right allotted hereunder,the Applicant may assignthe Applicant's rights
hereunder only to a homeowners association, water district, water and sanitation district or other
special district properly organized and existing under and by virtue of the laws of the State of
Colorado and then only if such association or special district establishes to the satisfaction of the
Basalt Water Conservancy District that it has the ability and authority to assure its performance of
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 through a homeowners association or special district as above
provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must
comply with such requirements as the District may hereafter adoptregarding assignment of Contract
rights and the assumption of Contract obligations by assignees and successors, provided that such
requirements shall uniformly apply to all allottees receiving District service. The restrictions on
assignment as herein contained shall not preclude the District from holding the Applicant, or any
successor to the Applicant, responsible for the performance of all or any part of the Applicant's
covenants and agreements herein contained.
7.OTHER RULES: Applicant's rights under this Contract shall be subject to the Water
Service Plan as adopted by the District and amended from time to time; provided that such Water
Service Plan shall apply uniformly throughout the District among water users receiving the same
service from the District. Applicant shall also be bound by the provisions of the Water Conservancy
Act of the State of Colorado,the Rules and Regulations of the Board of Directors of the District,the
plumbing advisory,water conservation,and staged curtailment regulations,if any,applicable within
3
Exhibit B
the County in which the water allotted hereunder is to be used,together with all amendments of and
supplements to any of the foregoing.
8.CURTAILMENT OF USE: The water service provided hereunder is expressly
subject to the provisions of that certain Stipulation in Case No. 81 CW 253 on file in the District
Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the
possible curtailment of out-of-house municipal and domestic water demands upon the occurrence
of certain events and upon the District giving notice of such curtailment,all as more fully set forth
in said Stipulation.
9.OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into
an "Operation and Maintenance Agreement" with the District if and when the Board of Directors
finds and determines that such an agreement is required by reason of additional or special services
requested by the Applicant and provided by the District or by reason of the delivery or use of water
by the Applicant for more than one of the classes of service which are defined in the Rules and
Regulations of the Board of Directors of said District. Said agreement may contain, but not be
limited to, provision for water delivery at times or by means not provided within the terms of
standard allotment contracts of the District and additional annual monetary consideration for exten-
sion of District 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.
10. CHANGE OF USE: The District reserves the exclusive right to review and approve
or disapprove any proposed change in use of the water right 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.
11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject
to that certain Resolution passed by the Board of Directors of the District on September 25, 1979,
and all amendments thereto, as the same exists upon the date of this application and allotment
Contract.
12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the
Applicant any equitable or legal fee title interest or ownership in or to any of the water or water
rights of the District, but that Applicant is entitled to the right to use the water right allotted
hereunder,subject to the limitations,obligations and conditions of this Contract.
13. CONSERVATION PRACTICES: Applicant shall implement and use commonly
accepted conservation practices with respect to the water and water rights allotted hereunder and
shall be bound by any conservation plan hereafter adopted by the District, as the same may be
amended from time to time.
14. WELL SPACING REQUIREMENTS: Applicammustcomply with the well-spacing
requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said
statutory well-spacing criteria shall be an express condition of the extension of service hereunder,
and the District shall in no way be liable for an Applicant's failure to comply.
Exhibit B
15. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment
Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County
Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant.
APP/jL/CANT:
Roger F*her,
Amelia Eschelman
Applicant's Address:
Roger and Amelia Eschelman O
7378 County Road 100 O V
Carbondale, CO 81623
V
STATE OF COLORADO )
ss. 1 1
COUNTY OF GARFIELD ) 1
Subscribed and sworn to before me this 36dav of U ftjtw 1999, by
Roger and Amelia Eschelman.
O PR Y•pUWITNESSmyhandandofficialseal.
My commission expires: F 1 tezfq KEILY J.
NO i
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CnWI.pJC{A,µs BWiDFN1mnYIN O.NI 5
Exhibit B
ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT
ROGER AND AMELIA ESCHELMAN
CONTRACT NO.347
Application having been made by or on behalf of Roger and Amelia Eschelman and hearing
on said Application having been duly held,it is hereby ordered that said Application be granted and
that the attached Water Allotment Contract for 0.033 cubic feet of water per second from the
District's direct flow rights and 0.1 acre feet per year of storage/augmentation water owned or
controlled by the District is hereby approved and executed by and on behalf of the Basalt Water
Conservancy District,for the beneficial use of the water allotted in the attached Contract,upon the
terms, conditions and manner of payment as therein specified and subject to the following specific
conditions:
1.The Applicant has acknowledged that the land to be benefitted by the attached
Contract is described on Exhibit"A" attached hereto and incorporated herein by this reference.
2.In the event of the division of the property served by this Contract into two (2) or
more parcels owned by different persons,the Applicant shall establish a Homeowners Association
or other entity acceptable to the District for the ongoing payment of charges due under the approved
Contract following subdivision of the property described in the Application on file with the District
and the Applicant shall give notice to purchasers of all or any part of the subject property of the
obligation of this Contract,and shall record such notice in the records of the Clerk and Recorder of
Garfield County,Colorado. Applicant and his successors and assigns shall comply with all rules and
regulations now existing or hereafter adopted by the District to enforce payment of charges due
under the approved Contract by present and future owners of all or any part of the real property
served under this Contract.
3.Any allotment of less than 1.0 acre foot of storage water in Paragraph 1 of the
attached Contract shall be deemed 1.0 acre foot for purposes of establishing the annual water service
charge for such water allotment.
4.The Applicant shall provide the District proof that the proposed land use of the land
to be benefitted by the water allotted hereunder has been approved by the applicable governmental
authorities having jurisdiction over such land use,including evidence satisfactory to the District that
each lot or parcel to be benefitted hereunder is legally subdivided.
5.The Applicant has acknowledged that the land to be benefitted by the water allotted
hereunder is located within the District's service Area B and the Applicant is aware that the District's
temporary water supply plan approved by the State Engineer is confined to District service Area A.
Accordingly,the District's sole obligation under this Contract shall be to release the water allotted
hereunder as the outlet works of Ruedi Reservoir. Granting of this Allotment Contract does not
constitute the District's representation that the Applicant will receive a well permit or water rights
decree for the land to be benefitted hereby.
6.Any and all conditions imposed upon the release and diversion of water allotted
M 1-
Exhibit B
hereunder in any water rights plan of augmentation or other water rights decree of the Water Court
for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract.
Granting of this allotment contract does not constitute the District's representation that the Applicant
will receive a well permit or water rights decree for the land to be benefitted hereby.
7.If Applicant intends to divert water through a well or wells,Applicant shall provide
the District a copy ofApplicant's valid well permit for each such well before the District is obligated
to deliver water for the benefit of Applicant hereunder. Applicant must comply with the well-
spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with
said statutory well-spacing criteria shall be an express condition of the extension of service
hereunder, and the District shall in no way be liable for an Applicant's failure to comply.
Approved this 13th day of September, 1999.
BASALT WATER CONSERVANCY DISTRICT
Attest:
2 By: LiL _.D
Barbara Mick- Secretary Art Bowles, President
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EXHIBIT CDAT FILED: December 17, 2020 9:43 AMBasaltWaterConservanevDistrict
Augmentation Rights
1
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1. Green Mountain Reservoir: O
a. Source: Blue River, tributary of Colorado River.
a
b. Legal description: located approximately 16 miles Southeast of the Town of
Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14,
15, and 24 of Township 2 South,Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34,
Township 2 South, Range 79 West of the 6th P.M. ir
C. Adjudication Date: October 12, 1955.
I
d. Appropriation Date: August 1, 19
e. Case Nos.: 2782, 5016, and 5017, Court: United States District Court, District of
Colorado and Case No. 88CW022, District Court, Water Division No. 5.
f. Decreed Amount: 154,645 acre feet and a refill right in the amount of 3,856 acre
feet absolute and 150,789 acre feet, conditional.
g. Decreed Uses: in accordance with paragraph 5(a), (b), and(c) of the section
entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80,
2. Ruedi Reservoir:
a. Source: Frying Pan River, tributary of Colorado River.
b. Legal description: an on-channel reservoir located in Sections 7, 8, 9, 11, and 14
through 18wnship 8 South, Range 84 West of the 6th P.M. The reservoir is located in portions of
Eagle and Pitkin Counties.
C. Adjudication Date: June 20, 1958.
d. Appropriation Date: July 29, 1957.
e. Case No.: C.A. 4613, Garfield County District Court.
f. Decreed Amount: 102,169 acre feet(Originally decreed for 140,697.3 acre
feet; reduced to 102,369 acre feet in Case No. W-789-76).
g. Decreed Uses: generation of electric energy, domestic, municipal, industrial,
irrigation,piscatorial, and stock watering.
h. Refill: By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was
decreed a refill right in the amount of 101,280 acre feet, conditional. In Water Court Case No. 95CW95,
44,509 acre feet of the refill right was made absolute. In Water Court Case No. 01CW269, an additional
25,257 acre feet of the refill right was made absolute, for a total of 69,766 acre feet absolute in the refill
right.
3. Information from previous decrees for Troy Ditch and Edith Ditch rights:
STAUCTUAF PICCRITY COURT ADJ APP DECREED USE AMOUNT SOLD,TRANSFERRED OR AMOUNT
CASE DATE DATE AMOUNT RESERVED REMAININOp1°
NO. CFS) (4)
5) (6) (7) (8) (9) CFS AE
Trov Ditch 0) 370 3082 08/25/1936 05/01/1906 5.10 1 0.000 0.000 0.095 0.064 0.035 4.906 N/A
Trov Ditch 427 3092 08/25/1936 05/01/1928 10-80 1 0.000 0.000 0.200 0.134 0.073 10.393 N/A
1st Enlg
Trov hitch 6b, 4t,1= 06'_0/1958 06/01/1942 6.1-o I (I ON, itawi 0.115 0.077 0.042 5.966 N/A
2nd EnIg
Edith Ditch 35 08/25/1936 05/01/1904 1.7'_ 1 0.110 0.1320 0.050 0.000 0.018 2.410 N/A
Edith Ditch 613 4('13 06/20/1958 07/01/1946 3.23 1 0.000 0.000 0.060 0.000 0.022 3.148 N/A
1st Enlg
Trov Ditch 2) W- 15.50t'' I,D,M 0.110 0.1320 0.520 0.275 0.190 14.273 412.89
Water 2281 CP
System aka
Lower
Hcadgatc
1) Originally diver0.4 from Miller Crock. .All others originally diverted from Frying Pan River.
2) AI lem ate point for all priori tics of Troy and Edith Witches.
3) Combined amount limited to t5.5 cfs and 453 AF of consumptive use,300 AT of which can be stored.
4) 1=1¢igation,D=Domestic,M=Municipal,C=lndusurial and P=Piscatorial.
5) Transferred to Edith Ditch Well in Case No.SOCW I with 1.0 AF.
6) Transfcrred to lbree springs on Cap K Ranch in Case No.82CW 1S9(I.29 AF assumed to be included).
7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No.82CW357 for Ruedi South Shares augmentation
Plan.
R) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch Is[and 2nd Enlargement(16.9 AF assumed to be included}
9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No.91CW220.
10) A total of40.11 AF of the original 453.00 AF has been sold or transferred.
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In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of animal consumptive-use
credits were available to these ditches, and that 300 acre feet could be stored in an unnamed reservoir.
The Basalt Water Conservancy District owns 412.89 acre feet of the 453 acre feet, and makes the water
rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of
Court.
The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or
Colorado Rivers by by-passing water at the headgate on the Frying Pan River.
4. Information from previous decrees for Robinson Ditch rights:
a.
STRUCTURE DECREED AMOUNT ADJ.DATE ATE PRIORITY CASE
AMOUNT/ OWNED BY r NO.-t
cfs BWCD
cfs t'1
ROWNSON 5.00 1.21 01AN889 06/15/1982 3s 132
DITCH
ROWNSON 2.50 0.60 11/1889 04/15/1886 140 132
DITCH
ROBINSON 2.00 0.48 05/11/1889 11/15/1886 67 132
DITCH
ROBINSON 10.70 259 12/29/1903 04/25/1899 212C 1061
DITCH
ROBINSON 20_06 4.85 08/25/1936 04/25/1900 326 3082
DITCH
1) The BWCD owns 441 shares of Class I stock issued by the Robinson Ditch Company. The said 441 shares equal
24.16%of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch.
2) District Court in and for Garfield County
b. Legal Description of Point of Diversion: The point of diversion as decreed is
located on the North bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in
Section 11, T. 8 S., R. 87 West, 6th P.M.
C. Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under
BWCD's interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360
acre feet of annual consumptive-use credits are associated with said irrigation. In that case, the Court
also decreed a change of use of BWCD's Robinson Ditch rights to include augmentation. BWCD
makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or
decree of Court.
5. Information from previous decrees for Favre Domestic Pipeline:
NOTE: This water right is used only for Blue Creek depletions.
a. O
4
CASE
STRUCTURE AMOOMT ADJ. DATE APP. DATE PRIORITY MO.
RE DOM. PL. 0.50 06/20/1958 08/11/1937 649 9E
St. NO. 1
rcE DOM. PL. 0.50 06/20/1958 09/15/1912 666 96-
St. NO. 2
j Ariount: Each spring is decreed for 0.50 cfs, but the use e£ both has a combined limit of 0.50 c`_s.
3) L)s rict Court in and for Garfield County
b. Legal Description:
i.Favre Domestic Pipeline- Spring No. 1: Located at a point whence the E'/4
corner, Section 34, Township 7 South, Range 87 West, 6th P.M. bears South
34E26' East, 890.9 feet.
ii. Favre Domestic Pipeline - Spring No. 2: Located at a point whence the E'/4
comer, Section 34, Township 7 South,Range 87 West, 6th P.M. bears South
37E24' East 721.4 feet.
C. Source: Blue Creek,which is tributary to Roaring Fork River
d. Decreed Use: Domestic and augmentation
e. Historic Use: BWCD owns the Favre Domestic Pipeline right. The Springs
historically provided a majority of the domestic water supply for El Jebel, a community of 364 EQRs,
consisting of two hundred and ninety one single family residential units (mostly mobile homes),
irrigation of 12.5 acres of lawn and landscape, and commercial development. In Case No. 93CW319, the
Court decreed that 142.82 acre feet of historical consumptive-use credits were available to Blue Creek as
a result of such historic use; and that 67.2 acre feet of historical consumptive-use credits were available
to the Roaring Fork River as a result of such historical use. In 93CW319, the Court also decreed a
change of use of said credits to include augmentation. BWCD makes the credits available to contract
allottees for use pursuant to an approved substitute supply plan or decree of Court.
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Exhibit E
BASALT WATER CONSERVANCY DISTRICT
TROY AND EDITH DITCH AUGMENTATION PLAN
MONTHLY DEPLETION AND DELAYED R4MVNW(5* PMT&t17, 2020 9:43 AM.
MONTH WELL GROUP
A g C D I E F
I November 0.058 I 0.089 0.072 0.087 ( 0.082 0.036
i
December 0.057 , 0.086 0.063 0.088 I 0.093 0.C82
January 0.057 0.082 0.053 I 0.085 0.083 0.079
February 0.057 0.080 0.057 0.084 0.064 I 0.077
I
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March 0.057 0.077 0.056 I 0.083 0.084 I 0.075
April 0.062 0.076 0.06 i 0.082 0.084 0.074
May 0.708 0.076 0.085 0.081 0.084 0.076
1
June 0.134 0,080 0.112 0.080 0.084 0.082
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I July 0.132 0.085 0.123 0.081 0.083 I 0.090
I
i August I - 0.108 0.089 I 0.116 0,061 0.083 ( 0.094
September 0.100 0.090 0.106 0.083 I 0.083 I 0.094
I
October I 0.070 0.090 0.090 0.085 I . O.C83 , 0.091
Total Loco 1.000 1.000 1.000 1.000 1.000
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From BWCD AugpmentationvPl`an -Case No. 87CW155.
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EXHIBIT F
TABLE 2
AUGMENTATION SCHEDULE
DATE FILED: December 17, 2020 9:43 AM
MONTH DELAYED AUGMENTATION
DEPLETIONS
AF) CLDC BWCD
PARK DITCH RUEDI RESERVOIR
JANUARY 0.039 0.000 0.000
FEBRUARY 0.039 0.000 0.000
MARCH 0.038 0.000 0.000
APRIL 0.038 0.000 0.038
MAY 0.037 0.037 0.000
JUNE 0.037 0.037 0.000
JULY 0.037 0.037 0.000
AUGUST 0.037 0.037 0.000
SEPTEMBER 0.038 0.038 0.000
OCTOBER 0.039 0.039 0.000
NOVEMBER 0.040 0.000 0.000
DECEMBER 0.041 0.000 0.000
TOTAL 0.460 0.225 0.038
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