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Home My WebLink About20131443.tiffWATER SUPPLY INFORMATION SUMMARY Section 30.28-133,Id}. C.R.S. requires that the applicant submit to the County, Adequate evidence that a water supply that is sufficient in terms of quantity, quality and dependability will be available to ensure an adequate supply of water. 1. NAME OF DEVELOPMENT AS PROPOSED Halliburton Energy Services, Inc. Groundwater Load Out & Recycling Facility 2. LAND USE ACTION USR - 1787 3. NAME OF EXISTING PARCEL AS RECORDED SUBDIVISION N/A FILING N/A BLOCK N/A LOT N/A 4. TOTAL ACREAGE 80 AC. 5. NUMBER OF LOTS PROPOSED 0 FLAT MAP ENCLOSED 0 YES (USR Map) 6. PARCEL HISTORY - Please attach copies of deeds, plats or other evidence or documentation. A. Was parcel recorded with county prior to June 1, 1972? 0 YES 0 NO B. Has the parcel ever been part of a division of land action since June 1, 1972? 0 YES 0 NO If yes, describe the previous action 7. LOCATION OF PARCEL - Include a map deliniating the project area and tie to a section corner. W 1/2 1/4 OF NW 1/4 SECTION 13 TOWNSHIP 10 0 N 0 S RANGE 61 ❑ E 0 W PRINCIPAL MERIDIAN: 0 6TH 0 KM. 0 UTE 0 COSTILIA 8. PLAT - Location of all wells on property must be plotted and permit numbers provided. USR Ma Surveyors plat 0 Yes 0 No If not, scaled hand drawn sketch 0 Yes ❑ No ( p) 9. ESTIMATED WATER REQUIREMENTS - Gallons per Day or Acre Feet per Year HOUSEHOLD USE if of units GPD AF 10. WATER SUPPLY SOURCE 0 EXISTING 0 DEVELOPED WELLS SPRING WELL PERMIT NUMBERS 74876E ❑ NEW WELLS - PROPOSED AOUFEI C (MX ONO ❑ auu'Mt 0 UPPER ARAPAHOE ° UPPER WNSON 0 LOWER ARAPAHOE 0 LONER WNSON LARVA FOX HILLS Industrial/ COMMERCIAL USE if of S.F. GPD AF 774}277Fo Dana 0 OA Upper Laramie IRRIGATION It of acres GPO AF o ores ❑ MUNICIPAL 74874F. 74877F STOCK WATERING if of head GPO AF OTHER Fish rearing, Recreation GPD AF ❑ ASSOCIATION ❑ COMPANY WATER COURT DECREE CASE NO.'S Pond Filling 1,737,872 2,000 TOTAL GPD AF 0 DISTRICT NAME LETTER OF COMMITMENT FOR SERVICE ❑ YES 0 NO 11. ENGINEER'S WATER SUPPLY REPORT 0 YES ❑ NO IF YES, PLEASE FORWARD WITH THIS FORM. (This may be required before our review is completed! 12. TYPE OF SEWAGE DISPOSAL SYSTEM ❑ SEPTIC TANK/LEACH FIELD ❑ CENTRAL SYSTEM - DISTRICT NAME ❑ LAGOON ❑ VAULT - LOCATION SEWAGE HAULED TO 0 ENGINEERED SYSTEM betted a copy of eneineerinp deegnt 0 OTHER Portable Toilets • Co ‘VtiJTIAL • WATER WITHDRAWAL AND USE AGREEMENT This WATER WITHDRAWAL AND USE AGREEMENT (this "Agreement") is effective as of December 30, 2011, between Halliburton Energy Services, Inc., a Delaware corporation, with its principal place of business at 10200 Bellaire Boulevard Houston, Texas, 77072 and its affiliates, and Dietzler Water Resources Corporation, a Colorado corporation, with its principal place of business at 4970 Varsity Drive, Lisle, IL 60532 (either party individually a "Party" and both parties together "Parties). RECITAL S: Halliburton and its Affiliates carry on the business of the design, manufacture and supply of goods and services in the Oilfield Business as defined below; and Halliburton requires fresh water for use in providing its hydraulic fracturing and other oilfield services; and By agreement of even date herewith, Owner has agreed to sell, transfer and convey to Halliburton an undivided one-half (1/2) interest in all of Seller's rights to designated ground water within the Laramie -Fox Hills and Upper Laramie aquifers ("Aquifers") underlying certain land in Weld County, Colorado, within the Upper Crow Creek Designated Ground Water Basin, comprised of contiguous properties known as the "5", "112" and "960" ranch properties identified on Fxh/hit "A"attached hereto and made a part hereof for all purposes ("Grover Ranches"), totaling approximately 5,066 acres that is within the Upper Crow Creek Designated Ground Water Basin ("Water Rights"). The Water Rights include designated ground water within the Aquifers underlying 3,840 acres of the Grover Ranches that is subject to well permits 74874-F, 74876-F, 74877-F, and 74878-F (collectively, the "Permits"), and the March 15, 2011 findings of the Colorado Water Commission for said permits, recorded in Weld County on December 21, 2011 at reception numbers 3813382, 3813381, 3813380 and 3813379, as such Permits and findings may be amended in the future. The parties estimate that the Water Rights will have a total allowed average annual withdrawal of approximately 2,105 acre-feet per year, subject to actual Aquifers conditions and state permitting requirements. Owner desires to sell to Halliburton the right to withdraw water from the undivided one-half (1/2) interest in the Water Rights retained by Owner, under the terms and conditions set forth in this Agreement; and Halliburton desires to purchase such water from Owner under the terms and conditions set forth in this Agreement. AGREEMENT In consideration of the premises and the respective covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: t. Definitions. In addition to terms defined elsewhere in this Agreement, the following terms shall have the following meanings unless the context otherwise requires: "Affiliate" in relation to Halliburton means any corporation, limited liability company, partnership, proprietorship, joint venture or other entity directly or indirectly controlled by, controlling, or under common control of Halliburton. For purposes of this Agreement "Control" shall mean ownership of fifty percent (50%) or more of the shares or non -inventory assets of an entity. "Business Day" means any day other than a Saturday, Sunday, or other day on which commercial banks in Houston, Texas are authorized or required by law to close. "Contract Yea?' means any twelve (12) month period beginning on the Effective Date and ending twelve months thereafter. "Force Majeure" means in relation to either Party, any circumstances beyond the reasonable control of that Party, including war (whether declared or undeclared), acts of God, including fire, flood, storms and earthquakes, embargoes, or government action (including specifically, government action materially limiting hydraulic fracturing in Weld County Colorado or any other Oilfield Business requiring the use of water which is the subject matter of this Agreement), riot, civil disturbance, insurrection, sabotage, and events or occurrences adversely impacting the Grover Ranches, but excluding: (i) economic downturns; (ii) recessions; (iii) depressions; and (iv) strikes, lock -outs or other similar acts of the Party's employees. "Halliburton" means and shall include Halliburton Energy Services, Inc., its parent, subsidiary or Affiliates, and their respective officers, directors, employees, or any or all of such parties. "Oilfield Business" as used herein means the fields of exploration, recovery and production of minerals, gases, solid materials, fluids, water, oil, gas, and geothermal and such exploration, recovery and production includes, without limitation, exploration, drilling, production, reinjection, characterization, seismic modeling and data, extraction, treatment, storage, and transportation of each of such minerals, gases, solid materials, fluids, water, oil, gas and geothermal and any and all associated equipment, products and services, well site treatment, pipelines, offshore platforms, and fluid waste disposal. For purposes of clarification, the refining of oil and gas, and the storage and transportation of refined oil and gas, shall be excluded from the foregoing definition. "Owner" means and shall include Dietzler Water Resources Corporation and its parent or subsidiary entities and their respective, shareholders, officers, directors, employees, or any or all of such parties. "Person" means any entity, including any partnership, corporation, limited liability company or governmental entity, and any natural person. "Real Property" means all that certain real property described on Exhibit "A"attached hereto and made a part hereof for all purposes. "Water" means water that is not salt water withdrawn by Halliburton from the Aquifers under the Real Property by way of any water well or wells and Pipelines to be permitted, constructed, operated and maintained by Halliburton or Halliburton's contractors in accordance with the terms of this Agreement. "General Terms" As used in this Agreement, unless expressly stated otherwise, references to: (a) "including" mean "including, without limitation"; (b) "or" mean "either or both"; (c) a "party" or "Party" means Halliburton or Owner, as the context may require, and "parties " or "Parties" means Halliburton and Owner and (d) "day" or "days" means calendar days unless specified as a "Business Day." Unless otherwise specified, all references in this Agreement to Articles or Sections are deemed references to the corresponding Articles or Sections in this Agreement. Any notice to be given hereunder shall be in accordance with the provisions of Article 7}. 2. Water Delivery System. Halliburton shall be responsible, at its sole cost, for building, maintaining and operating all existing and additional wells, pipelines, tanks or other infrastructure or equipment permitted ("Infrastructure"), for the production, withdrawal, storage, and delivery of Water hereunder (the "Infrastructure Activities"). Dietzler and DWR hereby grant Halliburton access as is reasonably necessary to conduct the Infrastructure Activities. Halliburton may build pipelines and erect tanks and other fixtures as are typically associated with the Infrastructure upon receiving permission from Owner, which permission will not be unreasonably withheld. If at any time following the Closing, Halliburton fails to maintain or operate the Infrastructure, Owner(or its assign) may maintain and operate the Infrastructure and recover the cost pay thereof from any revenues received from the sale of water in connection therewith. Halliburton assumes all risks in connection with Infrastructure and the Infrastructure Activities and agrees to release, defend, indemnify and hold harmless Owner from and against all liability, cost and expense ("Claims") including, claims under OSHA or environmental laws, loss of or damage to the Grover Ranches (including any buildings, appurtenances, fences, gates, culverts and livestock thereon) or for injury to or death of any person directly arising out of the performance of the Infrastructure Activities by Hallibutton, its employees, representatives, agents, contractors or subcontractors on the Grover Ranches pursuant to this Agreement. In addition, Halliburton shall release, indemnify, defend, and hold harmless Owner from any and all Claims for injuries to or death of their own employees, agents, and representatives, or damage to their property arising out of their activities under this Agreement In no event shall Halliburton be liable for any consequential, incidental, special, or exemplary damages, including without limitation, loss of use, loss of profit, or diminution in value nor shall Halliburton be liable for any claims arising out of Owner's negligent or willful misconduct. Halliburton agrees to provide and maintain, commercial general liability insurance with an insurance company maintaining a current Best's Insurance Report rating of at least "A" and written on an occurrence basis with a per occurrence limit and a general a e ate limit of not less than and an umbrella policy with a limit for the duration of the term of this Agreement by an insurer reasonably acceptable to Dietzler and DWR. Such insurance policy shall name Dietzler and DWR as an additional insured to the extent of Halliburton's indemnity obligations hereunder, and shall be endorsed with a waiver of subrogation in favor of Dietzler and DWR. Halliburton shall also maintain statutory workman's compensation coverage for all of its employees and shall ensure that its contractors and subcontractors do the same. 3. Water Volume. Beginning on the Effective Date, and continuing for a period of twenty-four (24) months thereafter (the "Initial Term"), Halliburton shall have (subject to the Allotment, as defined below) the right to withdraw all of the permitted water volumes from the Aquifers underlying the Grover Ranches. The parties acknowledge and agree that nothing contained in this Agreement will convey any rights to any ground water in the White River aquifers or any other aquifers underlying or associated with the Grover Ranches or rights to any surface water appurtenant to or associated with the Grover Ranches. In the event Halliburton does not use that total permitted quantity of water for its commercial purposes, then the Owner shall have the right of first refusal to purchase excess water at a rate no higher than the lowest rate charged by the Halliburton to its customers. After the second anniversary of the Closing, Halliburton shall continue to withdraw and the parties shall mutually agree on the uses and sales of Water. In the event of competing demands for the available water the parties agree to negotiate in good faith to provide such water to the highest bidder taking into account both short term and long term commitments and projections. Notwithstanding anything to the contrary herein or in any agreement executed in connection herewith, Owner may graze cattle, and otherwise utilize the Grover Ranches property (but not the 80 Acre Parcel) for agricultural purposes, to construct a power plant, to construct a feed lot, to provide for irrigation and generally engage in activities on and construct improvements to the land that do not compete with Halliburton's services to the oil and gas industry. Owner (or its assignee) will be entitled to, and Halliburton shall reasonably make accessible and available, 226 ac-ft/yr (the "Allotment') of water from the Grover Ranches for the watering of cattle at the following rates: Owner will or utility charges and livestock -related improvements and maintenance. Owner will not preclude Halliburton from withdrawing Water Volume in the quantities permitted for withdrawal on a continuous flow basis twenty-four (24) hours per day, 365 days per year. 5. Invoicing and Collection. Subject to any special terms agreed in writing from time to time between Halliburton and Owner, Halliburton shall be responsible for invoicing and collection from all customers. 6. Taxes. Each party is responsible for all taxes legally imposed upon its business, including but not limited to taxes imposed upon its income, its personnel or its property. Halliburton shall collect and is responsible for the reporting of applicable transaction taxes such as severance, sales, use, value added, manufacture, excise, or similar taxes, unless a valid exemption is claimed by Halliburton. Transaction taxes are in addition to established prices and shall be shown as a separate line item on the invoice. If tax withholding is required by law, Halliburton will adhere to statutory tax withholding requirements with respect to payments to Owner. 7. Quality. OWNER MAKES NO WARRANTY OR REPRESENTATION TO HALLIBURTON REGARDING THE QUALITY OF THE WATER SOLD AND WITHDRAWN BY HAT I IRURTON UNDER THIS AGREEMENT. SUCH WATER IS SOLD "AS IS" AND "WITH ALL FAULTS." OWNER SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO SUCH WATER IN ADDITION, OWNER AFFIRMATIVELY REPRESENTS AND STATES TO HALLIBURTON THAT SUCH WATER IS NOT POTABLE AND IS NOT FIT OR SUITABLE FOR HUMAN OR ANIMAL CONSUMPTION OR CONTACT. 8. Insurance Requirements. Owner agrees to provide and maintain, commercial general liability insurance with an insurance com.an maintainin• a current Best's Insurance Resort r. surance po cy s . t name ' . I .carton as an a•.tnon. insure, to a extent of Owner's indemnity obligations hereunder, and shall be endorsed with a waiver of subrogation in favor of Halliburton. Owner shall also maintain statutory workman's compensation coverage for all of its employees and shall ensure that its contractors and subcontractors do the same. 9. Force Majeure A. Force Majeure Events. If either Party is affected by Force Majeure it shall promptly notify the other Party of the nature and extent of the circumstances in question. Neither Party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this Agreement, to the extent that the delay or non-performance is due to any Force Majeure, and the time for performance of that obligation shall be extended accordingly, provided, that if the Force Majeure in question prevails for a continuous period in excess of thirty (30) days, the Parties shall enter into discussions with a view to alleviating its effects, or to agreeing upon such alternative arrangements as the Parties mutually agree. a B. Limitadon. Notwithstanding the first paragraph of this Section 9, neither Party shall be relieved of its obligations to make payments as provided herein (including, but not limited to, the obligations to pay for delivered or withdrawn Water as required hereunder). 10. Termination by Halliburtop. Termination For Convrniragr. Halliburton shall have the right to cancel or terminate this Agreement for convenience, without cause or for any reason whatsoever. In the event of such cancellation or termination for convenience, Owner will be entitled to retain the Purchase Price for the Initial Term and will be entitled, to the extent not previously paid, to payment in full for all Water sold after the Initial Term and prior to the date of the cancellation in accordance herewith. Owner will not be entitled to any lost profit, lost revenue, lost business opportunity, or any incidental, indirect, economic, consequential or other damages because of cancellation or termination for convenience. Halliburton shall provide thirty (30) days' written notice of such cancellation or termination to Owner. B. Halliburton Termination For Cause. If Halliburton is not in breach of this Agreement giving rise to an event of termination, this Agreement may be terminated for breach if Owner fails to perform any of its obligations under this Agreement, and Halliburton shall promptly give Owner notice thereof. Such notice shall specifiy the nature of such failure with particularity and in reasonable detail, including the specific provision of this Agreement to which such purported failure relates. Owner shall use commercially reasonable efforts to cure or otherwise remedy the failure specified in such notice within thirty (30) days after its receipt of such notice. A failure specified in such notice which Owner does not cure or otherwise remedy in such thirty (30) day period shall be deemed an Owner uncured failure following which Halliburton shall have the right to terminate this Agreement. 11. Owner Termination For Cause. If Owner is not in breach of this Agreement giving rise to an event of termination, Owner shall be entitled to terminate this Agreement should Halliburton fail to timely pay any undisputed sums due hereunder. 12. Events Upon Termination. Upon expiration of this Agreement or the termination of this Agreement by either party as permitted in this Agreement, all obligations of the Parties hereunder shall terminate, except for any obligations that are expressly stated to survive the expiration of the Term or termination of this Agreement and any obligations that remain executory which obligations, to the extent they remain executory, shall remain in full force and effect until fully performed by the obligated Party as stated in this Agreement. Neither expiration nor termination of this Agreement shall relieve any Party of liability for breaches of this Agreement prior to such expiration or termination. 13. INDEMNITY AND LIMITATION OF LIABILITY A. INDEMNIFICATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN HALLIBURTON AND OWNER AGREE TO FULLY RELEASE, INDEMNIFY, DEFEND AND HOLD ONE ANOTHER AND THEIR RESPECTIVE PARENT, SUBSIDIARY OR AFFILIATED ENTITIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, CAUSES OF ACTION, FINES, PENALTIES OR OTHER LIABILITY THAT MAY BE ASSERTED AGAINST THE OTHER AND/OR THEIR RESPECTIVE PARENT, SUBSIDIARY OR AFFILIATED ENTITIES, TO THE EXTENT, ARISING OUT OF THE INDEMNIFYING PARTY'S OR THEIR RESPECTIVE PARENT, SUBSIDIARY OR AFFILIATED ENTITIES' NEGLIGENCE OR WILLFUL MISCONDUCT IN CONNECTION WITH PERFORMANCE UNDER THIS AGREEMENT. B. I imitation of Liability NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR, AND EACH PARTY RELEASES THE OTHER FROM LIABILITY ATTRIBUTABLE TO, ANY SPECIAL, ECONOMIC, INDIRECT, CONSEQUENTIAL, OR OTHER INCIDENTAL DAMAGES ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, OR DEFAULT IN THE PERFORMANCE HEREOF, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY), OR WARRANTY. C. Indemnification Procedurt. In the event either Party learns of any claim, liability, demand or cause of action relating to this Agreement or the performance hereunder, which said Party shall determine, in its sole discretion, that the other Party may be liable therefor, said Party shall promptly notify the other Party. If indemnity is required by any of the terms of this Agreement, the indemnifying Party shall have the right to control all litigation and shall defend the other and pay all settlements, judgments, costs, and expenses (including without limitation court costs and reasonable attorneys' fees), whether related or unrelated, similar or dissimilar to the foregoing, incident thereto. Each Party, if requested, agrees to cooperate with the other in any defense, and the indemnifying Party shall reimburse the other for all reasonable expenses incurred in connection therewith. The indemnified Party shall have the right to have counsel of its own choosing and at its sole expense participate in any such litigation. Notwithstanding the foregoing, however, neither Party shall effect settlement of or compromise any such claim or proceedings without having obtained the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed; provided that the indemnifying Party may settle or compromise any such claim if the settlement or compromise: (a) requites solely the payment of money damages by the indemnifying Party; and (b) includes as an unconditional term thereof the release by the claimant or the plaintiff of the indemnified Party from all liability in respect of such claim. If the indemnified Patty does not consent to a settlement which the indemnifying Party is willing to accept, then the indemnifying Party's liability shall be limited to the amount for which the claim could have been settled provided, such settlement does not require the indemnified Party to forego any property rights other than the amount of payment of the proposed settlement. 14. Compliance with Law. Subject to the limitations of this Agreement, it is agreed that in the performance of this Agreement all matters shall be conducted in full compliance with any and all applicable federal, state, provincial and local laws, rules and regulations in the area(s) in which the matters are being conducted. Any performance obligation arising under this Agreement is contingent on the prior receipt of all necessary government authorizations. If either Party is required to pay any fine or penalty or is subject to a claim from the other Party's failure to comply with applicable laws, rules or regulations, the Party failing to comply shall defend, indemnify and hold harmless the other Party for all damages, fees and/or fines for such failure to comply to the extent of the indemnifying Party's allocable share of the failure to comply. 15. Antibribery. Each party represents and warrants that it and all of its parent and subsidiary entities, and agents shall act in accordance with the principles described in the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, signed in Paris on December 17, 1997 ("the Convention"), and the Convention's Commentaries (collectively the "OECD Principles"), and shall comply with all applicable laws implementing the OECD Principles (including the U.S. Foreign Corrupt Practices Act of 1977), as well as any applicable local laws related to anti -corruption, anti -kickbacks, and anti -money laundering. Each party agrees not to take or fail to take any action that might cause the other party to be in violation of any such laws. In addition to the foregoing, each party represents and warrants that it and its parent and subsidiary entities and agents has not and shall not request, induce, make, offer, authorize, promise to make any payment or transfer anything of value, directly or indirectly, (a) to any governmental official or employee (including employees of government -owned or government -controlled corporations, agencies or bodies), (b) any official or employee of a public international organization, (c) to any political party, official of a political party or candidate, or (d) to any third party knowing, believing, or suspecting that such third party will give the payment, or any portion thereof, to any of the foregoing persons in order to obtain or retain business, or for any other improper purpose. Any payments to governmental officials or employees on behalf of a party must be promptly reported to such party. 16. Code of Conduct: Gifts. Entertainment and Travel. It is considered to be in conflict with a party's interest for its employees or any member of their immediate family to accept gifts, payments, extravagant entertainment, services, or loans in any form from anyone soliciting business, or who may already have established business relations with such party. Gifts of nominal value and entertainment, meals, and social invitations that are customary and proper under the circumstances and that do not place the recipient under any obligation are acceptable. Any gifts, payment of individual expenses, including, without limitation, trips, or conveyances to a party's employees shall be disclosed in writing to such party's Ethics and Compliance Group. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NEITHER PARTY SHALL BE REQUIRED TO TAKE OR REFRAIN FROM TAKING ANY ACTION PROHIBITED OR PENALIZED UNDER THE LAWS OF THE UNITED STATES, INCLUDING THE U.S. ANTIBOYCOTT LAWS. 17. Review of Records and Audit. A. Each party shall maintain, and shall cause its agents, contractors and subcontractors (if any) performing obligations or providing services hereunder to maintain, books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature invoiced in the performance of obligations or provision of services under this Agreement, all meter or other measurement device which records the amount of Water actually withdrawn and sold or retained by I-Ialliburton, financial records, personnel records, payroll records, invoices, cancelled checks, reports of P&L, policies, procedures, training records, subcontractor files, correspondence, change order files relating to each party's performance under this Agreement and relating to each party's compliance with the terms and conditions of this Agreement ("Records"). Such Records shall be retained for six (6) years after the expiration or termination of this Agreement Records involving matters in litigation related to this Agreement shall be kept for one (1) year following the termination of litigation, including all appeals if the litigation has not terminated within five (5) years from the date of expiration or termination of this Agreement. B. All such Records shall be subject at reasonable times and upon prior notice, to examination, inspection, copying, or audit by personnel authorized by the other party and any and all governmental officials authorized by law, rule, regulation, or Agreement, when applicable. During the term of this Agreement, upon a party's request, access to these items will be provided to the other party at such other party's principal address within the USA. During the six (6) year period after the Agreement term or on (1) year term following litigation, delivery of and access to these items will be at no cost to the requesting party. Each party shall be responsible for any audit exceptions, errors, omissions, misstatements or disallowed costs identified in such Records and shall promptly remit to the other party all sums which were otherwise due under this Agreement, plus interest at the rate of • • l% per month from the date such sums were otherwise due and payable, plus a sum equal to 10% of all sums so paid to cover the costs of such audit. C. If applicable, each party shall incorporate the Records retention and review requirements of this Section in agreements with its agents and subcontractors (if any) who or which will provide Water under this Agreement. 18. Assignment Halliburton shall not have the right to assign or transfer to any Person who is not an Affiliate, any of its rights or obligations under this Agreement without the prior written consent of Owner, which consent shall not be unreasonably withheld. Any consent to such assignment may be conditioned upon Owner being provided reasonable assurances that any rights and obligations so assigned will be performed by any assignee of Halliburton. For purposes of this Agreement, a change in control of 51% or more of the shares or non -inventory assets of Halliburton shall constitute an assignment. This Agreement shall be binding on and inure to the benefit of the Parties and their respective successors and permitted assigns, including any successor upon a sale or change of control of a Party. This Agreement is intended solely for the benefit of the Parties and their respective successors and permitted assigns. 19. Relationship. Each of the Parties is an independent contractor with respect to the other and is not an employee of the other Party or any of the other Party's Parent or Subsidiaries or Affiliates, and nothing in this Agreement is intended to constitute a partnership, joint venture, a master and servant relationship, or other similar relationship between the Parties. Nothing in this Agreement shall be construed to create any duty to, or standard of care with reference to, or liability of a Party to, any person not a Party to this Agreement. Nothing in this Agreement shall be deemed to constitute any fiduciary or special relationship or duty between the Parties and each Party may take actions hereunder that are for its own self-interest without any duty or, subject to the express terms of this Agreement, liability to the other Parties. 20. Entire Agreement Amendment. This Agreement, including its appendices, exhibits and schedules, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any existing agreements between them whether oral or written. All prior negotiations and dealings regarding the subject matter hereof are superseded by and merged into this Agreement. No modification of this Agreement shall be effective unless made in writing and signed by both Parties. 21. Reformation. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated hereby are not affected in any manner materially adverse to any Party. Upon the determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the extent possible. In the event any such provision, clause, sentence or part of this Agreement cannot be modified to comply with the law, then said provision, clause, sentence or portion of the Agreement shall be deemed to be deleted from the Agreement and the remaining terms and conditions shall remain in full force and effect. 22. Notices and Service Addresses. All notices, requests, consents, directions and other instruments and communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person, by courier or by overnight delivery service with proof of delivery addressed to the respective Party at the address set forth below, or if sent by facsimile or other similar form of communication (with receipt confirmed) to the respective Party at the facsimile numbers set forth below: If to Halliburton, to: Halliburton Energy Services, Inc., Attention: Mr. Clay Terry 1 125 17th Street, Suite 1900 Denver, CO 80202 Telephone: 1-303-675-4464 If to Owner, to: Dietzler Water Resources Corporation ATTN. Dan Dietzler, CEO 4970 Varsity Drive Lisle, IL 60532 Telephone: 1-630-795-7210 With copy to: Adrienne Levatino, Esq. 55 East Monroe Street, Suite 3450 Chicago, Illinois 60603 Telephone: 1-312-201-7947 With copy to: Mark D. Toljanic, Esq. Martin, Craig, Chester & Sonnenschein LLP 2215 York Road, Suite 550 Oak Brook, Illinois 60523 Telephone: 1-630-472-3410 or to such other address or facsimile number and to the attention of such other Person(s) as either Party may designate by written notice. Any notice mailed by over -night delivery service shall be deemed to have been given and received on the second Business Day following the day of mailing. 23. Gene A. Waiver. No failure or delay by either Party in exercising any of its rights under this Agreement shall be deemed to be waiver of that right, and no waiver by either Party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision. B. Costa. The Parties shall bear their own costs of, and incidental to, the preparation, execution and implementation of this Agreement. In the event of litigation or other legal action to enforce the terms of this Agreement the prevailing party shall be entitled to recover its reasonable fees and costs so incurred. C. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall for all purposes be deemed to be an original and all of which shall constitute the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile transmission (whether directly from one facsimile device to another by means of a dial -up connection or whether otherwise transmitted via electronic transmission), by electronic mail in "portable document format" ("pdf'D form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by a combination of such means, shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of an original Agreement for all purposes. Signatures of the Parties transmitted by facsimile or other electronic transmission shall be deemed to be original signatures for all purposes. Minor variations in the form of signature pages of this Agreement, including footers front earlier versions of this Agreement, shall be disregarded in determining a Party's intent or the effectiveness of such signature. 24. Governing Law and Venue. A. Governing Law: VenutThis Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Colorado, without giving effect to that state's conflicts of laws principles or choice of law rules. The Parties agree that Weld County, Colorado, shall be the exclusive forum and venue for resolving any disputed matter. It is the intent of the Parties to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (1980). Nothing herein shall prohibit a Party from availing itself of a court of competent jurisdiction for the purpose of injunctive relief. The Parties acknowledge and agree that the Parties may have available to them laws or remedies available under applicable local legislation; it is the intent of the Parties to have the terms of this Agreement apply in every instance, including, without limitation, the choke of law provisions. [Signature Page Follows] IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Dare fist set forth above. HALLIBURTON: HALLIBURTON ENERGY SERVICES, INC. By: N‘e: David M. Adams Title: Vice President Date: December 30, 2011 OWNER: DEITZLER WATER RESOURCES CORPORATION, a Colorado corporation By: Name: Title: Date: [Signature Page Por Water Withdrawal And Use Agreement] - -• — IN -W INESS-WFIEREOrt Pai have executed-tEAireement as of Ee EF�ective Date fist set forth above. HALLIBURTON: HALLIBURTON ENERGY SERVICES, INC. Br Name: Title: Date: OWNER DEITZLER WATER RESOURCES CORPORATION, a Colorado co raq n Br Name:j),4A//62- P. b/ET2tcc Title: PRES/be-Air Date: AAP 9/// [Signature Page For Watet Withdrawal And Use Agreement] LMIIBIT A LEGAL DESCRIPTION (960 RANCH) PARCEL ONE: THE E'A OF SECTION 11, TOWNSHIP 10 NORTH, RANGE 61 WEST OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO PARCEL TWO: THE E'A AND THE SW ''A OF SECTION 14, TOWNSHIP 10 NORTH, RANGE 61 WEST OF THE 6111 P.M., COUNTY OF WELD, STATE OF COLORADO PARCEL THREE: THE NE %. OF SECTION 23, TOWNSHIP 10 NORTH, RANGE 61 WEST OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO (S RANCH) PARCEL I: ALL OF SECTION 13, TOWNSHIP 10 NORTH, RANGE 61 WEST OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO. PARCEL 2: ALL OF SECTION 24, TOWNSHIP 10 NORTH, RANGE 61 WEST OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO. EXCEPTING THEREFROM THAT PART CONVEYED IN WARRANTY DEED RECORDED MARCH 4, 1998 AT RECEPTION NO. 2597965. PARCEL 3: THE EAST 'A OF THE WEST 1/2 , THE WEST %:OF THE SOUTHEAST %. AND THE SOUTHWEST'/. OF THE NORTHEAST''/. OF SECTION 17, TOWNSHIP 10 NORTH, RANGE 60 WEST OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO. PARCEL 4: THE WEST'/: OF SECTION 18, TOWNHIP 10 NORTH, RANGE 60 WEST OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO. PARCELS: ALL OF SECTION 19 TOWNSHIP 10 NORTH, RANGE 60 WEST OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO EXCEPTING THEREFROM THAT PART CONVEYED IN WARRANTY DEED RECORDED MARCH 4, 1998 AT RECEPTION NO, 2597965. PARCEL 6: THE NORTHWEST''/. AND THE NORTHWEST''/. OF THE NORTHEAST'/OF SECTION 20, TOWNSHIP 10 NORTH, RANGE 60 WEST OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO. (I12 RANCH) THE E %. OF THE SE'/. AND THE SE'/. OF THE NE'/. OF SECTION 17; THE E %, OF THE NE /, THE SW %. OF THE NE'/. AND THE S'A OF SECTION 20; THE NW '/. OF SECTION 28; THE SW 'A AND THE N ''/ OF SECTION 29; THE NE 1/4, THE S 'A OF THE NW 1/4 , THE NE '/. OF THE NW /, THE S '/, OF THE SE %. AND THE SE '/. OF THE SW '/. OF SECTION 30 AND THE NW '/. OF THE NE %. OF SECTION 31, ALL IN TOWNSHIP 10 NORTH, RANGE 60 WEST OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO. Form No. GWS-25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES' 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 DANIEL P DIETZLER DIETZLER FARMS INC 52583 CR 107 GROVER, CO 80729- (970) 656-3766 PERMIT TO CONSTRUCT A WELL 916 WELL PERMIT NUMBER 74878 - F DIV. 8 WD64 DES. BASINS MD APPROVED WELL LOCATION WELD COUNTY SW 1/4 NW 1/4 Section 29 Township 10 N Range 60 W Sixth P.M. DISTANCES FROM SECTION LINES 2085 Ft from North 200 Ft from West Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: 57 3805. (p Northing: %LS I'77(a7 CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors In accordance with Rule 18. 3) Approved pursuant to CRS 37-90-107 and the Findings of the Groundwater Commission dated March 15, 2011. 4) The pumping rate of this well shall not exceed 200 GPM. 5) The annual withdrawal of groundwater from this well shall not exceed 320 acre-feet. The total combined volume of withdrawals by this well and all other wells withdrawing from the Upper Laramie aquifer beneath the 3840 acres of overlying land, as described in the Findings referenced above, shall not exceed 57,600 acre-feet. 6) The use of water under this permit is limited to irrigation, industrial and commercial, livestock, fish rearing, recreation, and pond filling on the 3840 acres of overlying land, as described in the Findings referenced above; and additionally in all of Weld County for industrial and commercial use via truck hauling. 7) This well must be constructed to withdraw water from only the Upper Laramie aquifer. The top of the Upper Laramie aquifer is located approximately 150 feet below the ground surface. The bottom of the Upper Laramie aquifer is located approximately 425 feet below the ground surface. Plain casing must be installed and grouted to prevent the diversion of water from other aquifers and the movement of water between aquifers. 8) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 9) A totalizing flow meter or Commission approved measuring device must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (collected at least annually) and submitted to the Ground Water Commission upon request. 10) This well shall be constructed within 200 feet of the location specified on this permit. 11) The use of water from the well under this permit must have occurred, and a completed Statement of Beneficial Use (including the pumping rate and annual appropriation) must be filed by the well owner, within three years of the date of issuance of this permit. APPROVED JPM Receipt No. 3647842 rDc.ity iett ‘-htx_dif4- State Engineer By DATE ISSUED 03-15-2011 EXPIRATION DATE 03-15-2012 Form No. GWS-25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3551 DANIEL P DIETZLER DIETZLER FARMS INC 52583 CR 107 GROVER, CO 80729- (970) 656-3766 PERMIT TO CONSTRUCT A WELL 916 WELL PERMIT NUMBER 74874 - F DIV. 8 WD64 DES. BASIN 8 MD APPROVED WELL LOCATION WELD COUNTY NW 1/4 NW 1/4 Section 13 Township 10 N Range 61 W Sixth P.M. DISTANCES FROM SECTION LINES 300 FL from North Section Line 300 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: 5'7O57 93, 5 Northing: rf5�1393.5 CONDITIONS OF APPROVAL 1) Thls well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors In accordance with Rule 18. 3) Approved pursuant to CRS 37-90-107(1) and the Findings of the Groundwater Commission dated March 15, 2011. 4) The pumping rate of this well shall not exceed 250 GPM. 5) The annual withdrawal of ground water from this well shall not exceed 400 acre-feet. The total combined volume of withdrawals by this well and all other wells withdrawing from the Laramie -Fox Hills aquifer beneath the 3840 acres of overlying land, as described in the Findings referenced above, shall not exceed 112,000 acre-feet. 6) The use of water under this permit is limited to irrigation, industrial and commercial, livestock, fish rearing, recreation, and pond filling on the 3840 acres of overlying land, as described in the Findings referenced above; and additionally in all of Weld County for industrial and commercial use via truck hauling. 7) This well must be constructed to withdraw water from only the Laramie -Fox Hills aquifer. The top of the Laramie -Fox Hills aquifer is located approximately 425 feet below the ground surface. The bottom of the Laramie -Fox Hills aquifer is located approximately 800 feet below the ground surface. Plain casing must be installed and grouted to prevent the diversion of water from other aquifers and the movement of water between aquifers. 8) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 9) A totalizing flow meter or Commission approved measuring device must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (collected at least annually) and submitted to the Ground Water Commission upon request. 10) This well shall be constructed within 200 feet of the location specified on this permit. 11) The use of water from the well under this permit must have occurred, and a completed Statement of Beneficial Use (including the pumping rate and annual appropriation) must be filed by the well owner, within three years of the date of issuance of this permit. APPROVED JPM Receipt No. 3647841 asupt (<494_ Ad Ye ta State Engineer By DATE ISSUED 03-15-2011 EXPIRATION DATE 03-15-2012 } Form No. GWS-25 APPL ANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 DANIEL P DIETZLER DIETZLER FARMS INC 52583 CR 107 GROVER, CO 80729- (970) 656-3766 PERMIT TO USE AN EXISTING WELL 916 WELL PERMIT NUMBER 74876 -F DIV. 8 WD64 DES. BASIN 8 MD APPROVED WELL LOCATION WELD COUNTY SW 1/4 NW 1/4 Section 29 Township 10 N Range 60 W Sixth P.M. DISTANCES FROM SECTION LINES 2085 Ft. from North 200 Ft. from West Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: 573806 Northing: 4517767 CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors In accordance with Rule 18. 3) Approved for use of an existing well (cancelled permit no. 284580) pursuant to CRS 37-90-107 and the Findings of the Groundwater Commission dated March 15, 2011. 4) The pumping rate of thls well shall not exceed 250 GPM. 5) The annual withdrawal of ground water from this well shall not exceed 400 acre-feet. The total combined volume of withdrawals by this well and all other wells withdrawing from the Laramie -Fox Hills aquifer beneath the 3840 acres of overlying land, as described in the Findings referenced above, shall not exceed 112,000 acre-feet. 6) The use of water under this permit Is limited to irrigation, industrial and commercial, livestock, fish rearing, recreation, and pond filling on the 3840 acres of overlying land, as described in the Findings referenced above; and additionally in all of Weld County for industrial and commercial use via truck hauling. 7) This well must be constructed to withdraw water from only the Laramie -Fox Hills aquifer. The top of the Laramie -Fox Hills aquifer is located approximately 420 feet below the ground surface. The bottom of the Laramie -Fox Hills aquifer is located approximately 800 feet below the ground surface. Plain casing must be Installed and grouted to prevent the diversion of water from other aquifers and the movement of water between aquifers. 8) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 9) A totalizing flow meter or Commission approved measuring device must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (collected at least annually) and submitted to the Ground Water Commission upon request. 10) This well shall be constructed within 200 feet of the location specified on this permit. 11) The use of water from the well under this permit must have occurred, and a completed Statement of Beneficial Use (including the pumping rate and annual appropriation) must be filed by the well owner, within three years of the date of issuance of this permit. APPROVED JPM Receipt No. 3647839 State Engineer Dafl;141 �, g By DATE ISSUED 03-15-2011 EXPIRATION N -0 DATE 5453 -2942- Form No. GWS-25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES' 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 DANIEL P DIETZLER DIETZLER FARMS INC 52583 CR 107 GROVER, CO 80729- (970) 656-3766 PERMIT TO CONSTRUCT A WELL 916 WELL PERMIT NUMBER 74878 -F DIV. 8 WD64 DES. BASIN 8 MD APPROVED WELL LOCATION WELD COUNTY SW 1/4 NW 1/4 Section 29 Township 10 N Range 60 W Sixth P.M. DISTANCES FROM SECTION LINES 2085 Ft from North 200 Ft from West Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: 573805. (p Northing: 4LS177(o7 CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402.2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-107 and the Findings of the Groundwater Commission dated March 15, 2011. 4) The pumping rate of this well shall not exceed 200 GPM. 5) The annual withdrawal of groundwater from this well shall not exceed 320 acre-feet. The total combined volume of withdrawals by this well and all other wells withdrawing from the Upper Laramie aquifer beneath the 3840 acres of overlying land, as described in the Findings referenced above, shall not exceed 57,600 acre-feet. 6) The use of water under this permit is limited to irrigation, industrial and commercial, livestock, fish rearing, recreation, and pond filling on the 3840 acres of overlying land, as described in the Findings referenced above; and additionally in all of Weld County for industrial and commercial use via truck hauling. 7) This well must be constructed to withdraw water from only the Upper Laramie aquifer. The top of the Upper Laramie aquifer is located approximately 150 feet below the ground surface. The bottom of the Upper Laramie aquifer is located approximately 425 feet below the ground surface. Plain casing must be installed and grouted to prevent the diversion of water from other aquifers and the movement of water between aquifers. 8) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 9) A totalizing flow meter or Commission approved measuring device must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (collected at least annually) and submitted to the Ground Water Commission upon request. 10) This well shall be constructed within 200 feet of the location specified on this permit. 11) The use of water from the well under this permit must have occurred, and a completed Statement of Beneficial Use (including the pumping rate and annual appropriation) must be filed by the well owner, within three years of the date of issuance of this permit. APPROVED JPM ,Receipt No. 3647842 State Engineer rnI/41,44— Xele— ‘214)11,1 DATE ISSUED 03-15-2011 By EXPIRATION DATE 03-15-2012 t' Applegate Group, Inc. Water Resource Advisors for the West August 15, 2012 Ms. Justina Mickelson Office of the State Engineer 1313 Sherman Street, Rm. 821 Denver, CO 80203 RE: Well Permits 74874-F, 74876-F, 74877-Ir, 74878-F, and 4 Additional Permit Applications, Upper Crow Creek Designated Basin Dear Ms. Mickelson: 'Phis letter and the accompanying attachments constitute our re -submittal of the referenced (existing) permits and proposed permits. The permit applications are being revised primarily to reflect the shared ownership of the water rights underlying the land. We are also taking this opportunity to revise acreage based on actual surveys, as detailed below. We are submitting OWS-45 permit applications for the existing wells, and four additional wells, to increase the use based on additional acreage. We request that once the increased use is approved the existing wells permits be cancelled and replaced by the new permits. The following are the existing wells --two in the Upper Laramie aquifer and two in the Laramie -Fox Hills aquifer: • Permit No, 74874-F - Named LFI-1 # 1 • Permit No. 74876-F - Named I,FH #2 • Permit No. 74877-F • Named UI, 41 • Permit No. 74878-F — Named UL #2 These wells were permitted for the ground water underlying 3840 acres of land owned by Mr. Daniel P. Dietzler ("Dietzler"). The properties known as the S Ranch and the 112 Ranch have since been surveyed. In addition, Mr. Dietzler obtained an additional 948 acres, known as the 960 Ranch. Subsequently, 80 acres of the S Ranch was sold to Halliburton Energy Services, Inc. (DIES). 1490 W. 12 Avenue, Suite 100 118 W. oth Street, Suite 100 Denver, CO 80234 Glenwood Springs, CO 81601 303.452.6611 w w w. a pp l eg a I c gro u p. co m M1Ls..lustina Afickelson RE: Well Permits August l5, 20/2 Page 2 qf 3 In addition to the four existing permits, we are submitting permit applications for four new Laramie -Fox Hills wells. No additional Upper Laramie wells are requested at this time. Well Permit Application for LFH t!3 Section 19, Township 10 North, Range 60 West, 6th Y.M. Well Permit Application for LFH 44 Section 24, Township 10 North, Range 61 West, 6" P.M. Well Permit Application ford LFH 45 Section 17, Township 10 North, Range 60 West, 6°i P.M. Well Permit Application for LEH 46 Section 28, Township 10 North, Range 60 West, 6t P.M. The attached Figure I shows the acreage of the parcels. In total, the entire land holding (within the Upper Crow Creek Designated Basin) is 5054.46 acres. In addition to the map in Figure I, have also attached a description of the acreage and the area calculation for inside the designated basin, along with pertinent copies of the ALTA survey. The 960 Ranch has not been surveyed; therefore I am attaching the record of the County Assessor. In addition to the transaction by which Dietzler transferred the 80 acres to HES while retaining one-half of the water rights thereunder, one-half of the water rights under the entire 4974.46 acres were deeded from Dietzler to HES. This transaction is detailed in the copies of attached deeds. Therefore, as requested by your office, we have revised the permit applications to reflect Dietzler and I IES as co -applicants. Also, we have completed affidavits (for each aquifer) that show the following: GWS- 1, Nontributary Ground Water Landownership Statement of 80.00 acres owned by HES GWS 1, Nontributary Ground Water Landownership Statement of 4974.46 acres owned by Dietzler GWS 3A, Nontributary Ground Water Consent Claim by HES of %2 of the water rights from Dietzler under 4974.46 acres GWS 3A, Nontributary Ground Water Consent Claim by Dietzler of of the water rights from f ES under 80.00 acres GWS 3B, Nontributary Ground Water Consent Landownership Statement by Dietzler granting consent for %2 of the water rights under 4974.46 acres GWS, 3B, Nontributary Ground Water Consent Landownership Statement by HES granting consent for '/z of the water rights under 80.00 acres A -is. Juslina Alickelson RE: 11'e/I Permits August (5, 20(2 Page 3 of 3 As requested, the following is the production for 74876-F: 2011 = 36.8 acre feet 2012 year to date, July 31, 2012 = 81.5 acre feet Attached is the permit fee of $800.00. Should you have any questions or need additional information, please feel free to contact me at your convenience. Sincerely, Applegate Group, Inc. Toni Hatton Senior Project Manager Enclosures Ce: Adrienne Levatino Jason Moore AG File No. 10-128 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST, RM 821, DENVER, CO 80203 Main: (303) 866-3581 Fax: (303) 866-2223 dorrpermItsontinegstale.co.us GENERAL PURPOSE Water Well Permit Application Review Instructions on reverse side prior to completing form. The form must be computer generated, typed or In black or blue ink. 1. Applicant Information Name of epd'cant — _-- tfalliburton Energy Services, Inc. and Daniel P. Dietzler Mail rid address 10200 Bellaire Blvd./52583 CR 107 City State Zip rode Houston / Grover TX/CO/7072/80729 Telephone if (area rode R number) Erna I (online bl -g required)i 972-418-4023/303-452-6611 Office Use Only Form GWS-45 (0412012) krucivL-'I) ADO 201? �r,UElt ht SUIJ &Grt; StAiE OIy1INELft 6. Use Of Well (check applicable boxes) t.: Attach a detailed description of uses applied for. IT Industrial ❑ Municipal II Irrigation ID Commercial ❑ Dewatering System ❑ Geothermal (production or reinjection) livestock. fish fearing, [] Other (describe.): recreation, sand noisy 2. Type Of Application (check applicable boxes) ❑ Construct new well ❑ Replace existing well ❑ Change source (aquifer) ❑ COGCC Well 3. Refer To (if applicable) N'AI permit a 74878-F Designated Da sin Detemrna:ion a Pi Use existing well Change or Increase use ❑ Reapplication (expired permit) ❑ Other: 7. Well Data (proposed) Marnum Wrrpng rale 30 Tae; depth gpm 430 feet 8. Land On Which Ground Water Will Be Used legal Description of Land (may be provided as an auamnxroly. Weld, Adams, Lorimer, Morgan, Washington, boulder, Logan and Denver Counties for industrial and commercial uses via truck hauling. For all other uses see 5.A. Mnusl amount to be Nitdrean 40 Aquifer Upper Laramie a ere -feet water Court case Si Welt name or a UL 2 4, Location Of Proposed Well county Weld Section 29 10 Distance of well from section lines (action tines are lyprd'iy not properly Imes) 2050 Ft from lxlNF]S 180 Ftfroa❑FIKJW TO? regacement wells only— distance and drecton from old wetl to nee, well ... feel direclion Weil location address (Include CA/ State, Zap) ❑ Check it well addess is same as in Item t. SW Hangs E or W seacoast Meads, 60 ❑ stn 1/-1 of the NW 1/4 Township Nor S FRI Optional: GPS well location Information in UTM formal You must check GPS unit for required settings as follows: Fon at must be Urf.1 El Zone 12 o'Ifl) ]one 13 Units must he Meters Datum must be NA08] Unit must be set to We north Was GPS unit checked for above? ❑YES 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A. Legal Description (may be pmstded as an atlad/nen.). See attached. Fasting Northing Remember to set Datum to NAD83 (If used for crop irrigation, attach a scaled map that shows irrigated area.) A. A Acres R. Owner NA C. NA List any other walls or wafer rights used on Js la 9. Proposed Well Driller License _ 10. Sign or Entered Name Of Apogean (s) Or Authorized Agent The making of false statements herein constitutes perjury In the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contenls I�ereof and sr, a if t they are true to my knovdedge. n or en' ee�samfaj of 44son(s) submiting appl caton Dale (m REVIEWE 4L�EEG%ICA FFAL 1 B. II al acres In parcel 5054.46 11 signng pant name a e _ JIM Pi i4-, M./frail J IL Tom Hatton for Daniel Dietzler Office Use Only uses map name DNR map no. I' Surface elev. C. owner Ilalliburton Energy Services, Inc. and Daniel P. DieTzler D. NYI this be the only wet on this parcel? IT1 vESr; NO (.f no usl other wells) 74877-F E. Stale Pameit (op"only. AOUAI.IAP u \SR CNC° TOFU I.IYLAR SUS Receipt area only I ransacliotl It. Cato_ Of 113/2011 'I tan actloti Total: CHECK/I:121103 300623 0' 472-&75 Pitt _ $t100.00 3k100.00 DIV WO BA MD COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST, RM 821, DENVER, CO 80203 Main: (303) 866-3581 Fax: (303) 866-2.223 dwmerreitsonline@state.co.us GENERAL PURPOSE Water Well Permit Application Review Instructions on reverse side prior to completing form. The form must be computer generated, typed or In black or blue Ink. 1. Applicant Information Name of applicant Halliburton Energy Services, Inc. and Daniel P. Dietzler Ma I no address 10200 Bellaire Blvd./52583 CR 107 City State Zip code Houston / Grover. TX/CO I 77072/80729 Telephone ti (area code E ouster) Ernst (cidnoting (D(10 wed) 972-418-4023/303.452.'661.1. Office Use Only Ftoftn / f• 1`/ii5,{0412012) .1 AUG 5 7111 WM EU RESOURCES STA' T. till )O,NEIii 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for. Industrial Li Dewatering System ❑ Municipal i� Irrigation Li] Commercial LJ Geothermal (production or reinjection) lbxsr«e, nuttiest hg. I] Other (describe): recreation, po,a fill_ 7. Well Data (proposed) Maimam pumping rate 2. Type Of Application (check applicable boxes) R❑ Construct new well ❑ Replace existing well ❑ Change source (aquifer) U C0GCC Well 3. Refer To (if applicable) Well permit C f Water Court case IN .. ❑ Use existing well ❑ Change or increase use ❑ Reapplication (expired permit) ❑ Other: Designated Basin Detenrinaoon if Wei nameorif LFH 5 4. Location Of Proposed Well County Weld NW Section Tosmsnp N or S Range F or W Principal Meridan 17 10 fx.i HI 60 I❑ 0 6th Distance of well from section lines (section I nes are typica•ty not properly Lees) 2490 Ft. from fNtn,'S 1480 Fl. b. IxEOW f or replacement wells only— distance and direction from old well toners well feet direction 250 Total depth 1050 feet 8. Land On Which Ground Water Will Be Used Legal Description of l and (may be pmsded as an aeacarnem). Weld, Adams, Lorimer, Morgan, Washington, Boulder, Logan and Denver Counties for industrial and commercial uses via truck hauling. For all other uses see 5.A. gpm Annual amount to be vilhdrann 350 AQLltce Laramie -Fox Hills acre-feet 114 o the SE 1/4 A. tl Aues NA C. nee beaten address (Include City. Slate Zip) ❑ Crecii if well address is same as in teen Optional: GPS well location Information in UTM format You must check GPS unit for required settings as follows: Format mast be UTM ri None 12 cv(f-1I Lone 13 Units roust be Meters Datum must be minas Unit must be set to true noah Was CPS unit cheered taw above? ❑ YFS 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A. Legal Description (may be podded as an allachmentl See attached. Easting Northing Remember to set Datum to NADSS (If used for crop irrigation, attach a scaled map that shows irrigated area.) B. Onner -.... NA REVIEWED Ust any other vets or water eights used on Pis lane 9. Proposed Well Driller License 10. Sign or Entered Name Of Applicants) Or Authorized Agent The making of false statements herein constitutes perjury In the second degree, vAiich is punishable as a class 1 misdemeanor pursuant to C.R.S. 2 4-104 (13)(a). I have read the statements herein, know the contents tljQreof and st e ihthe are true tom knovAedge. S or = lee a s) of / rse s) boiling applca^.on LEQAL DATE -_ f(opuonai): II signing print name end fgti s u.p46 USGS map nano I DARnsap no. fice Use Only (' jOb( (J/1 Tom Hatton for Daniel Dietzler B. k or acres In parcel 5054.46 C. Onner nalliburlun Energy Services, inc. and Daniel P. Dietzler D. WII this be the only wet en this parcel? rI YESETi1) NO (if no list other wr;s) 74876-F, 74874-F and 3 pending E. State Parcel lDk (optional). AOUAI.IAP W2 wit CMe 1020 MYLAR Stab Receipt area only i an'Ra6henit- Date: 0/I50.012 Transaction Total: CI-IFUK #32803 Surface cloy - 3056023 ' 1 4:24:25 PM 3800.00 3600.00 DIV__ WD_ RA_ MD 122 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST, RM 821, DENVER, CO 80203 Main: (303) 866-3581 Fax: (303) 866-2223 dvnpermitsonlineCO.state.co.us GENERAL PURPOSE Water Well Permit Application Review Instructions on reverse side prior to complotIng form. The form must be computer generated, typed or In black or blue ink. 1. Applicant Information Name of applicant Halliburton Energy Services, Inc. and Daniel P. Dietzler Mang address 10200 Bellaire Blvd./52583 CR 107 City State lip coda Houston / Grover TX/CO 77072/80729 Telephone q(area code 8 number) E ma ''I (wane 1Ingreq..rred) 972-418-4023/303-452-6611 Office Use Only [Form GWS-45 (04/2012) AUG 15 WAi Eli iii; bt) l kt;b9 S1t TF hNUlPicftlt 0010. 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for, liT1 Industrial ❑ Municipal Rj Irrigation 4 Commercial ❑ Dewatering System ❑ Geothermal (production or reinjection) livosLock, Etch rearing, 11 Other (describe): .late. r.ation,egna whine 7. Well Data (proposed) IAadMUM pumping rate 2. Type Of Application (check applicable boxes) © Construct new well ❑ Replace existing well ❑ Change source (aquifer) ❑ COGCC Well 3. Refer To (if applicable) Well perint IS Water Court case St U Use existing well LI Change or increase use Reapplication (expired permit) ❑ Other: 250 Total depth gpm Annual amount to be withdrawn 350 Aquifer ante -feel 920 feet 8. Land On Which Ground Water Will Be Used --------------late Legal Description of Land (may be pro',dcd as an ahatmenq'. Weld, Adams, Larinter, Morgan, Washington, Boulder, Logan and Denver Counties for industrial and commercial uses via truck hauling. For all other uses see S.A. Laramie -Fox Hills Designated Basin Detemhadon Well name or LFH 6 4. Location Of Proposed Well County Weld Section 28 ❑i stance of well from section I nes (secton Ines are Ivrea:I/ not property Ines) 2250 Fl. from (xiNj Is 1450 FLeorifEI ]W For replacement wells only— 6stance and drection from old well to new well feet direction —late__ ". Well location address (Include —City, State,Lp).... QCheck if well address is sane as in Item 1. To.snshp N or S 10 rl ni SE v4ol the NW 1/4 Range Eor W Pd nripal Merd an 60 O El 6th Optional: GPS well location Information in UTM format You must check GPS unit for required settings as follows: fomat must be Ur rl Zone 12wrl Zone 13 Units must be Meters Datum must be NADS) Unit must be set to we north Was GPS unit checked for above? DYES 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A. Legal Description (may be proeded as en enactment) Easling Northing Remember to set Datum to NAD83 (If used for crop irrigation, attach a scaled map that shows irrigated area.) A. el Mies C ^ NA Kp, REVIEWED C. list any other wills or water delis used onLYs atiEGAL 79/ 4A1 DATEI - f6Z See attached. 9. Proposed Well Driller License #(optional): 10. Sign or Entered Namo Of Applicant(s) Or Authorized Agent The making of false statements herein constitutes perjury it the second decree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 2 ft -104 (13)(a). I have read the statements herein, know he contents eof and slat: that he are true tom knowledge. or 5n'w. tnc(' of p.. one ubmitng appt:caton If sig n ng 141/Z Office Use Only USGS map name nt name and b Date (run✓ d p9 t, mil V I root S. Tom Hatton for Daniel Dietzler 8. # of acres In parcel C. Omer 5054.46 Fla lliburt on Energy Services, Inc. and Daniel P. Dietzler D. wit this be the only well on Otis parcel? Oj YES[I NO (d natal ether wells) 74876-F, 74874-F and 3 pending E. State Parcel ID; (optonal) ADUAMAP WE WR CWCB TOPO MYLAR SRS DAR map no. Receipt area only 1 curlacliS.:-kK Dale: 8/15/2012 Traflkhetletl 1 otal CHECK 432863 Surface dev. 4.2425 PM 1600.110 1800.00 DIV WD BA MD COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST, RM 821, DENVER, CO 80203 Main: (303) 866-3581 Fax: (303) 866-2223 dwtpermitsonline(Tslate.co us GENERAL PURPOSE Water Well Permit Application Review Instructions on reverse side prior to completing form. The form must he computer generated, typed or in black or blue Ink 1. Applicant Information Name of apprant Halliburton Energy Services, Inc. and Daniel P. Dietzler Office Use Only Form GWS-45 (04/2012) REcFIVISt) AUG 15 ?U1Z WATER RESOURCES SLATE ENGINEER COLD. Na I rag address 10200 Bellaire Blvd./52583 CR 107 a Houston / Grover telephone (area cola B neater) Erna! (eni ea fLng requ'red) 972-418-4023/303-452-6611 State Tx/co by code 77072/80729 6. Use Of Well (check applicable boxes[ Attach a detailed description of uses applied for. WI Industrial ❑ Dewatering System EJ Municipal ❑ Geothermal (production or reinjection) IN Irrigation livestock, fish reafing, in Other (describe): recn IN Commercial 7. Well Data (proposed) ?Aannum pumping rate Annual amount to be wandrael 2. Type Of Application (check applicable boxes) ED Construct new well ❑ Replace existing well Li Change source (aquifer) El COGCC Well 3. Refer To (if applicable) W'ell pem'ha 74877-F Designated Basin De!earene.os a EN Use existing well Change or Increase use ❑ Reapplication (expired permit) ❑ Other: 50 Total dept 415 gpm 80 Aqu'ler feet Upper Laramie acre -feel Water Ccc rtcase V Nilname or /I UL 1 4. Location Of Proposed Well county Weld Section Township N or S Range Eor W Prindpal Madden 13 10 rlEll 61 D0 6th Distance of well from section tines (section lines are typically not properly I 380 Ft. from lxlN( lS 130 Ft. frorrlFNjW For replacement wells only — distance and direction front old well to new welt NW 1/4 of the NW 1/4 feet direction Well location address (Include Qty. State. dpi L l Cheek if w en address is same as In hem Optional: GPS well location information in UTM format You must check Gf'S unit for required settings as follows: Fomsat must be UTM rl Zone 12 orjrj Zone's Unas must be ?deters Datum must be NAD83 Unit must be set to true north Was GPS unt checked for above? [VLS 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) Fasting Northing Remember to set Datum to NAO83 A. Legal Description (nay be provided as an attachment) See attached. B. II of acres in parcel I C. Chanel' 50 54.46 flalliburton Energy Services, Inc. and Daniel P. Dielzler D. WIt this be me orgy well on this parcel? 0] VEs(j 1] NO ('Ino list other v. ells) 74878-F E. State Parcel IDp (optional): 8. Land On Which Ground Water Will Be Used Legal Description of Land (may be prodded as an attachment): Weld, Adams, Larimer, Morgan, Washington, Boulder, Logan and Denver Counties for industrial and commercial uses via truck hauling. For all other uses see 5.A. (If used for crop Irrigation, attach a scaled map that shows irrigated area.) A. CAyes P Air -sr NA t A REVIEWED C. Ust any other wells or water n gills used on this artiEGAL cN/L(A E DATE i3 3 - 9. Proposed Well Driller License #(optional): 10. Sign or Entered Namo Of Applicant(s) Or Authorized Agent The making of false statements herein constitutes perjury In the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents II eof and slate the the .9 e true to my knowledge. S. or en :r fl e(s 1p. son j witting appi:aton I Dato nit sJdlyyyy) 0AE5 N. PR Office Use Only USGS map name AQUM.IAP laE Wit CwCB TOPO rrvIAR $95 Receipt area only VP IMVi Hatton for Daniel Dielzler DNR map no. Transaction II. Ddto: N)i.'.r/23112 Tr irisacllon l otal. CI IECK f 321163 Surface dcv. C 306623 4:24:25 PM °ri100.00 Sfioo.00 DIV_ WD__ BA_ MD COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST, RM 821, DENVER, CO 80203 Main: (303) 806-3581 Fax: (303) 866-2223 d\wpennitsonline(aslate.co.us GENERAL PURPOSE Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be computer generated, typed or In black or blue Ink 1. Applicant Information Name of apgrant Halliburton Energy Services, Inc. and Daniel P. Dietzler 10200 Bellaire Blvd./52583 CR 107 Office Use Only Form GWS-45 (04)2012) l' l Cl:iVit) AUG 1 5 201? WAIE12 RL.Selti,Wrs STATE t:N sN£:ii2 COLO. Oty State Zip code Houston / Grover TX/CO 77072/80729 - Telephonea(area code 9 nurr-ber). Enull (Dame fling required) 972-418-4023/303-452-6611 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for. M Industrial Il Municipal Nj Irrigation © Commercial n Dewatering System El Geothermal (production or reinjection) livestock, lists rearing. III Other (describe): recreation, pond ill ire, 7. Well Data (proposed) Maxincm purging rate Mnual anounl to be nithdraan 250 gp01 Total depth Aquaer 2. Type Of Application (check applicable boxes) Ili Construct new well ❑ Replace existing well ❑ Change source (aquifer) ❑ COGCC Well 3. Refer To (if applicable) N'<il pemtt a ❑ Use existing well 0 Change or Increase use ❑ Reapplication (expired permit) ❑ Other 350 acre -feel 925 feet (Laramie -Fox Hills 8. Land On Which Ground Water Will Be Used t egal Description of Land (may be prorded as en attachment) Weld, Adams, Larimer, Morgan, Washington, Boulder, Logan and Denver Counties for industrial and commercial uses via truck hauling. For all other uses see 5.A. Water Court case Designated aasn Deleon nation Wed name or LFH 4 4. Location Of Proposed Well county Weld Section 24 Distance 01 viol from seCCM toes (cc on lines are !yet tall/ not 1NOporly I n 1) 1530 FL from (-I N jx. S 590 FL. fronfriE I] W For replacement sells only- dstance and 4 rer4on from old wet to nen well NW Range for W 61 ❑M 1Ncl the SW 1/4 Iu•nshp N or S 10 rxlyd Pdr.Cpd Meddan 6th feet direction W'Nl locaton address (Include Oly, State Lip) ri Cheek it well address Is sane as in Item 1. Optional: GPS well location information In UTM format You must check GPS una fo required settings as folows_ Format must be DIM Ft Zone 12 air!! zone 13 was must be Meters Datum must be NAD$3 Unit must be set to Wee north Was GPS unit checked for above? OYES 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A. legal Description (may be provided as an a^ac uentp See attached. Fasting Northing Remember to set Datum to NAD83 B. aol aces in parcel C. Gamer 5054.46 Panama -Lon Energy Services, Inc. and Daniel P. DieLeler D. wt Ws be the only well on Ws parcel? QI YESria NO(tl no list other wells) 74876-F, 74874-F and 3 pending E. State Percetloa(optiond). - A. I Acres NA C. list any oterwells or water rights used on vs la (If used for crop Irrigation, attach a scaled map that shows Irrigated area.) B. Onner N' REVIEWED 9. Proposed Well Driller License 10. Sign or Entered Name Of Applicant(s) Or Authorized Agent The making of false statements herein constitutes perjury in the second degree, which Is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents (her of and state (hat flay are true to my knowledge. Sig t renter grin f1;) or rs ( ) subtn Ring epplcalon Dale (rmVddf,yyy) ((��p 84/24 STD , l//(fongetton for Daniel Dietzler LEGAL "U E I� la a InQ pint name and AYKO 14. 19 Office Use Only USGs map name AOUMIAp WE WR CIACB Togo MYLAR 505 Deli map no. Surface dew. Receipt area only Transaction N. 5050023 Dale: 8f15rLo12 4:24/5 PM TransiPJU0ti lbin{WD 1fl0Woj tau --- CIIECKII132863 �fl00.11t1-' D COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST, RM 821, DENVER, CO 80203 Main: (303) 866-3581 Fax: (303) 866-2223 dvaroermitsonline@stale.co.us GENERAL PURPOSE Water Well Permit Application Review Instructions on rovorso side prior to completing form. The form must be computer generated, typed or In black or blue Ink 1. Applicant Information Name or apq.ant flailibur.ton Energy Services, Inc. and Daniel P. Dietzler /0'iling address Office Use Only Form GWS-45 (04/2012) RL-a tI I ) AU0 1 ;i 2012 VVAlkit jil g 1110411 S1ATL (:NGII�(ir.R COLD. 10200 Bellaire Blvd./52583 CR 107 ay State bp cone Houston / Grover I TX/CO 77072/80729 Telephone p (area code & number) Ema4 (odino it rig requ'md) 972-418-4023/303-452-6611 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for. IX Industrial ❑ Municipal iii Irrigation It Commercial ❑ III Dewatering System Geothermal (production or reinjection) I iveotoci, I teh tear irg. Other (describe): ,.r_r.-asion, paid ultra 2. Type Of Application (check applicable boxes) Construct newwell ❑ Replace existing well ❑ Change source (aquifer) COGCC wen 3. Refer To (if applicable) Well permit II ❑ Use existing well ❑ Change or increase use ❑ Reapplication (expired permit) ❑ Other: _ 7. Well Data (proposed) Manmum pumping rate gpnt 250 Total depth 960 8. Land On Which Ground Water Will Be Used Legal Description of Land (may be pov,des as an attechmemy Annual amount to be withdrawn 350 acre-feet Aqufer Laramie -Fox Hills feet Water Court case 0 Designated basin DelernsThalon Wall name or ii LFH 3 4. Location Of Proposed Well County Weld NE 1/4 ofthe NW 1/4 Sectan loansttp N or S Range F or W PrincipalWendan 19 10 1I Ed 60 ❑ 615 O, stance of well from section I nes (secion I nes are lyrically not property lc es) 900 (twirl} lx N r s 1540 Ftou,t(❑E ECM For reracement wells only - dstance and d recton from old wall to nau v.ell feet direction Weil location address (Include City, Slate. zp) ❑ Chock r well addess is same as In Lon 1. Optional: GPS well location infomsah'on in UTM format You must check GPS unit for requ'red settings as follows: Format must be UT rt Zono 12 ctrl/ Zone 13 Units must be Meters Datum must he NAM Unit must be set to hue north Was GPS unit checked for above? ❑ YES 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A. Legal Description (may be prodded as an attachment) See attached. Easting Northing Remember to set Datum to NAD83 Weld, Adams, Larimer, Morgan, Washington, Boulder, Logan and Denver Counties for industrial and commercial uses via truck hauling. For all other uses see 5.A. (If used for crop Irrigation, attach a -scaled map that shows irrigated area.) N A. AcresB. Onner NA C. UM any other v.ells or water rights used o 9. Proposed Well Driller Lic 10. Sign or Entered Name Of Appllcant(s) Or Authorized Agent The making of false statements herein constitutes perjury In the second degree, which Is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thgfeof and state tha they ' e true to my knowledge. $ enter A ma }of p 'on(sf sing appta:on Date (mmfdd&n) Ignng pent name and tile JRNti£5 (i / R Si -1064l6 VQ Tom Hatton for Daniel Dietzler Office Use Only USGS map name DNR reap no. B. p of acted in parcel C. Oilier Halliburton Energy Services, Inc. 5054.46 and Daniel P. nietaler D. wl% this be the only wet en This parcel? 11]YES ] NO Fr no t-st oterv:ells) 74876-F, 74874-F and 3 pending F. State Parcel DO (optional): AQUAMAP WL WR CA'CB ropo MYLAI2 SB5 Receipt area only T(enaction it. C ate: N/t5/2017 Tfnnsarflon Total. CHECK 02663 Surface eloz 3656623 r 4:24:25 1'M $d0U.0U WOO rin WO BA MU COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST, RM 821, DENVER, CO 80203 Main: (303) 866-3581 Fax: (303) 866-2223 dvupermFIsonlinealslate.co.us GENERAL PURPOSE Water Well Permit Application Review Instructions on reverse side prior to completing form. The form must be computer generated, typed or In black or blue ink. 1. Applicant Information Na rrs of apVta nt Hailiburton Energy Services, Inc. and Daniel P. D.ietzler Paling address 10200 Bellaire Blvd./52593 CR 107 Cis Slate - - Zip code Houston / Grover TX/CO 77072/80729 Telephore ir(area code 8 number) F -ma t thane fir ng fogs red) 972-418-4023/303-452-6611 Office Use Only Form GWS-45 (04/2012) I tl_ unvi-il l AUG 'I 5?D12 WA(UU UUn011ROnn STATE lfNolNI.I:If • COLD. 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for. IN Industrial ❑ Municipal Ni Irrigation j. Commercial Devratering System Geothermal (production or reinjection) ltveetock, risk r arinq, Other (describe): recreation, pond fining 2. Type Of Application (check applicable boxes) ❑ Construct new well ❑ Replace existing well ❑ Change source (aquifer) ❑ COGCC Well 3. Refer To (if applicable) A'c41 pemd ft 74876-F Designated Basin netemination l� Use existing well NC Change or increase use ❑ Reapplication (expired permit) ❑ Other: 7. Well Data (proposed) Maximum pumping rate 250 Total depth gpm 808 feet 8. Land On Which Ground Water Will Be Used Legal Description of Land (may be weeded as an attachment) Annual amount le bew,:uulrasn .. 400 Agate, Laramie - Fox Hills acre-feet Water Ceein case Well name or N LFH 2 4. Location Of Proposed Well County Weld Sect on 29 Dlstnnce of well from seclion I nes (section I nes are typically not properly lines) 1950 Ft. fromFINfS 150 Ft boiEl WW For replacement weals Orly -d stance aM drecton from ofd well to new well feet direction Nell locai n address (Include City. State. Zip) ❑ Cho cif if well address is site a s In Item 1. SW 114 of to NW v4 Toonslsp N or S Range F or W PnndpJ Nendan 10 r'I rl €0 f 0 6th Optional: GPS well location Informafon in UTP.( format You must check GPS unit for required settings as follows: Fenno; must be WM rt Zone 11 a(rli lone 10 Units must be Meters Datum must be UA093 Unit must be set to true north Was GPS unit clocked for above? OYES 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A. Legal Description (Tray be pro•Vded as an atfachmen!) See attached. Fasting Northing Remember to set Datum to NAD83 Weld, Adams, Lari men, Morgan, Washington, Boulder, Logan and Denver Counties for industrial and commercial uses via truck hauling. For all other uses see 5.A. (If used for crop irrigation, attach a A. PAcres - NA led map that shows Irrigated area.) R. Comer NA C. List any other wells or water rights used on des la 9. Proposed Well Driller Licens 10. Sign or Entered Name Of Applicant(s) Or Authorized Si g` The making of false statements herein constitutes perjury in the second degree, which Is punishable as a class 1 misdemeanor pursuant to C.R.S. 24- -104 (13)(a). I have read he statements herein, know the contents ih of and stale Ifs t tl y a true to my knovAedge. �SI open r e(sj of ,ems (s)so ettng appl.rar,on Pbt' B. k of acres In parcel 5054.46 C. Owner Halliburcon Energy Servicen, Inc. and Daniel P. Dietzlcr rig print name and sue Office Use Only USGS nap name Date (rmVddtyyyy) /340/1-/ )ood. J ttom Hatton for Daniel Dletzler DAR map no. Surface elev. D. vol; this be the ordy well on ass parcel? En YESn NO (if no lit otter v.ells) 74874-F and four additional pending E. State Parcel Oil (optional). AOUA'1 AP We WR OACo T0P0 MYIAR SD5 Receipt area only -franuactiml Ii. drr Tr:nu-inciter' Total CHECK lk3 7803 3656623 r $fID0.00 i1100 00 WO BA MO COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST, RM 821, DENVER, CO 80203 Main: (303) 866-3581 Fax: (303) 866-2223 dwrpermilsonlineta)stale.co.0 GENERAL PURPOSE Water Well Permit Application Review instructions on reverse side prior to completing form. The form must bo computer generated, typed or In black or blue ink. 1. Applicant Information Name c4 apptcant.---_.—..-- Halliburton Energy Services, Inc. and Daniel P. Dietzler Magog address 10200 Bellaire Blvd./52583 CR 107 City State Houston / Grover TX/CO Telephone p (area code 8 number) 972-418-4023/303 Office Use Only Form GWS-45 (04/2012) AUG 1:5 2U II tvA itp ft t ;k4 U Te11 C O COW. t\ Tt.t •; t Zip coda 77072/80729 Emma I (ont n f' ng required) 452-6611 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for. El Industrial ❑ Municipal (J Irrigation Q Commercial ❑ Dewatering System ❑ Geothermal (production or reinjection) 1lveetock, filch 'call hi), El Other (describe): recreation r_r,_a_;iv_ lr,n .- 7. Well Data (proposed) Madnum pumping rate 250 Totaidepth 750 8. Land On Which Ground Water Will Be Used Legal Description of Land (may be provided as an attachment): Weld, Adams, Larimer, Morgan, Washington, Boulder, Logan and Denver Counties for industrial and commercial uses via truck hauling. For all other uses see 5.A. 2. Type Of Application (check applicable boxes) El Construct new well ❑ Replace existing well El Change source (aquifer) 0 COGCC Well 3. Refer To (if applicable) Well permit N 74874-F Designated Basin Determination N all Use existing well Change or Increase use ❑ Reapplication (expired permit) ❑ Other gpm feet Annual aowwa lc be vithdraxn 300 Aqu ler Laramie - Fox Hills acre-feet filter Cord rasa N Nell name or t, LFH 1 4. Location Of Proposed Well County Weld Section 13 Pslance of well from secun Ines (section Frog are typically no' propedy I res) 430 Ft from RN El 275 Flircn{f1E[x_jW For replacement wells only— astafcn and d reche, from rid well to nevnsall feet directior NW Range Eor V/ 61 ❑ Ix 114olthe NW 1/4 Tcanshp Nor S 10 rl Fl Pdndpal Meddan 6th (If used for crop irrigation, attach a scaled map that shows irrigated area.) A. gAoes B. gtrer NA NA C. List any other wags or water rights used on this land Well locaton address (Include City. State, 'bp) ❑Check it well address is same as in Item 1. Optional: GPS well location Infomtation In 01W format You must check UPS unit for required settings as follows: onnat must be IdTM rl Zone 12 or rl Zone 13 un:is must be 11e:ens Datum must be NA0a1 Lint must be set to toe nod', Was GPS unit chedeed for above? F1 YES 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A. Legal Description (maybe prodded as an attacasMra) See attached. Easbng Neighing Remember to set Datum to NADa3 9. Pro! • • 4 ■ : nse #(optional): 10. Sign or - . ,: (. LL Of App The deg 24 - Me It s'gning print name and title 4MEs ta./R€ Office Use Only USGS nap name ant(s) Or Authorized Agent constitutes perjury In the second 1 misdemeanor pursuant to C.R.S. ments herein, know the contents are true to my knovAedge. ubmtbng appl eaten Dale (11(W(WYYYi) Wm; A VP J /\ Tom Hatton for Daniel Dietzler ©913/2P/ B. N of acres In parcel 5054.46 C. Omer Halt ibnrton Ennrgy Services, Tnc. and Daniel P. Dietzler D. WI gis bo the only wag on Ns parcel? OYES(j] NO (if no bsl other wells) 74876-F and four pending E. State Parcel IDk (optional?. AQUAMAP 1Y'F. WR °NCB TORO t.IYtAR 5(35 OAR crap no. Receipt area only T)an'cnctron it. Dale: 8/15/1012 T ansaclion Total: Lf IECK1132863 Suelaco dev. 3650623 G 424:25 W S800 00 'w00.00 DIV WO BA MD STATE OF CO. WATER RESOURCES 1313 SHE.RMAN, ROOM 821 DENVER, CO 80203 Phone: 303-866-3581 Fax: 303-866-2223 Sales Receipt Transaction it: 3656623 Date: 8/15/2012 Time: 4:24:25 PM Cashier: gad Register N: 1 Item ❑escdption Amount 12 Exempt & Gry Pd Insi 5800.00 8 @ $100.00 Total $800.00 CHECK 432883 Tendered $800.00 Change One $0.00 Thank you PATRICK ENGINEERING GROUNDWATER LOAD OUT & RECYCLING FACILITY USE BY SPECIAL REVIEW PERMIT STATEMENT OF SEWAGE DISPOSAL Prepared By: Patrick Engineering On Behalf of: Halliburton Energy Services, Inc. Date Prepared: May 2011 Date Revised: November 2012 Halliburton Energy Services is proposing to amend the existing (Phase I) groundwater load out facility to allow for a commercial water recycling facility (Phase II) within the Agricultural Zone District. The intent of the Phase II recycling facility is to provide treatment, recycling and disposal for water used in regional drilling operations. The Pawnee Facility, as a combined groundwater load out and recycling facility, will support oil and gas companies for their drilling operations within a 50 -mile radius, as well as continue to have the ability to supply groundwater for municipal, industrial, and irrigation uses. The proposed load out facility will require one on -site employee, as site operator. Truck drivers are the only other visitors anticipated to access the site and will be on -site for less than one hour to unload dirty process water, load clean water or oil and possibly to wash out their truck tanks in-between unloading and loading. The entire process, involving all potential steps, should not typically take more than 60 minutes. A permanent sewage disposal system was considered for the site, but due to the limited amount of visitors and employees at the site throughout the year, portable toilets were deemed a more appropriate solution. Portable toilets will be located on -site at all times to provide facilities for the full-time site operator and for the occasional truck driver. Toilet holding tanks will be pumped bi-weekly or as needed, and their contents will be fully disposed of at proper municipal treatment facility(s). 1400 West 122nd Avenue, Suite 102, Westminster, Colorado 80234 1303.532.8620 I patrickengineering.com Hello