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Home My WebLink About20102252.tiff • • Chris Gathman From: Bruce Barker nt: Friday, May 07, 2010 12:01 PM Chris Gathman Subject: Wigaard Decree I believe that Decree is sufficient for water for a 9 lot subdivision or PUD. • • 2010-2252 1 • (ttc4APIIMEMORANDUM • III TO: Bruce Barker 5/6/2010 FROM: Chris Gathman 6 COLORADO SUBJECT: Evidence of Water for a proposed change of zone PUD lot\) Bruce, Here is a water court decree for a proposed PUD. The applicant intends to utilize a well along with a central water system. Let me know if this is adequate evidence of water for them to proceed. Thanks • • . . 2010-05.0519:00 CLIFF 303.93>> 970 304 6498 • P2114 • DISTRICT COURT,WATER DIVISION NO. 1, COLORADO 9N Street&90 Avenue P.O. Box 2038 Greeley,CO 80532 CONCERNING THE APPUCATION FOR WATER RIGHTS OF: SHERRY WIGAARD AND VALOIS ANN SMITH COURT USE ONLY IN WELD COUNTY. Kim R.Lawrence,#8388 Und,Lawrence&Oltenhoff LLP Case No.06CW181 355 Eastman Park Drive,Suite 200 Windsor,Colorado 80550 Telephone:9704744888 Fax: 9708744535 E-mail: kimgllolaw.com • FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING AND DECREE I THIS CLAW was filed with the Water Clerk, Water Division No. 1 on 17, 2008. The Referee, having considered the pleadings, the files herein, the' evidence presented, and being fully advised in the premises, hereby the following Findings and Ruling: FINDINGS OF FACT 1. Name and Address of Applicants. Sherry Wigaerd and Valois Ann Smith, 1935 Weld County Road 55, Keenesburg,CO,80843. 2. Notice.Timely and adequate notice of the pendency of this proceeding Inrom has been given in the manner required by law. The Court has Jur diction over the subject matter of this proceeding and over all persons wwff+ioo have standing to appear as parties,whether they have appeared or not. 3. Statements of Opposition. No statements of opposition Or motions to Intervene have been filed. The time for tiling statements of opposition and motions to intervene has expired. • C:10ooumsnU and asaMgtb1Zlnllsy DoccumstiblAUUNOININOWIMMW.doc 2010-05.0519:00 CLIFF •639593>> 970 304 6498 • P 3O4 OCCW181 • Wiigasrd Page 2 4. Designated Basin.Neither the land the proposed wells,nor the water which are the subjects of this application are located within the boundaries of any designated ground water basin. 5. Property and Wells.Applicants seek a decree determining and concernng their right to withdraw and use all legally and physically available ground water recoverable from the Laramie-Fox Hills aquifer and Lower Arapahoe underlying the property. The "property' is 72.5 acres located Ir Lot B. Recorded Exemption 1476-28-1-RE2728 in the Nt4 NE`/., Section 28, Township 1 North, Range 64, West of the Sixth P.M. In Weld County, Colorado. The wells will withdraw from the Laramie-Fox Hills and Lower Arapahoe aquifers underlying the entire 72.6 acres.Applicants have the eels rightto withdraw and use ail of the ground waterLaramis-Fox Hills and Lower Arapahoe aquifers underlying the property.Applicants propose to use 8 wells, LA Well No.1-180126,LA Weil No.1 through No.8 to withdraw water from the Lower Arapahoe aquifer,and LFH Well No.1 through 5 to withdrew water from the Laramie-Fox Hills aquifer.Each of the eight wells will divert at a rate not to exceed 15 g.p.m. Applicants may withdraw the groundwater from less than 9 wells and provide the groundwater to the 9 Lots through a central water system. 6. Determination. Applicants have supplemented the application herein with • evidence that the State Engineer has issued within four months orthe ttilng of the application in Water Court, a determination as to the facts of the application.The Referee has considered the State Engineer's Detenalnation of Facts ("the Determinations") concerning the ground water whio h is the subject of the application herein. The Referee has also considered the Denver Basin Rules,2 CCR 402-6('the Rules')as they apply to the ground water which is the subject of the application herein. To the extent that anything in this decree is not consistent with the contents of the Rules and of the Determinations, The provisions of this decree shell control over any conflicting provisions in the Determinations. 7. Right to Non-Tributary Water.The evidence indicates,and the Referee finds, that, utilizing the criteria set forth in§37-90-137(4), C.R.S., and the Rules, ground water in the amount of 18.3 acre feet of nontributary groundwater is available for withdraws and use by Applicants from the Laramie-Fox Hills aquifer underlying the property. The evidence indicates, and the Referee finds, that, utilizing the *Merle set forth in "3740437(4 C.R.S., and the Rules, ground water in the amount of 7.1 acre feet of nontnbutary groundwater is available for withdrawal and use by Applicants from the Lower Arapahoe aquifer underlying the property.The 7.1 acre feet include 4 acre feet allocated to Weil Permit No.180126 which is owned by Applicants. C:&cu pa,t end e.ldngsws21r•Ml elntw.dx , 2010-05-05 19:00 CLIFF 303.93» 970 304 6498 • P4/14 • • ; W181 igaard Page 3 B. Preexisting Permits.One well permit has been issued to Applicants • ant to§3740-137(4),C.R.B.,Well Permit No.1-180128,which permits •rowel end use of 4 acre feet per year each atonal* of 15 gpm from i Lower Arapahoe aquifer.This 4 acre toot Is Included in the amount detenni • to be available from the ncedributary Lower Arapahoe aquifer,herein. we no other existing wells which withdraw water from the Laramie-Fox H whose cylinders of appropriation extend under the property.A000rd 1 , • amount of ground waterdetenrdnedtobeavailableforwithdrawal use Applicants from the Laramie-Fox Hills aquifer need not be . • • . account for any such cylinders of appropriation. 9. Source.Ground water is available for withdrawal from the La Hells and Lower Arapahoe aquifers in the quantities set forth.herein end in suc quantities as may subsequently be determined pursuant to the • one • 135 hereof.The withdrawal of ground water from the Lamle-Fox and Lower Arapahoe aquifers underlying the property through the wells • _ •reed herein, will not within 100 years, deplete the flow of a natural • - .m, including a natural stream as defined in§§3742-101(2)and 37.92-11 1)(b), C.R.S.,at an annual rate greater than one-tenth of one percent of th annual • rate of withdrawal. The Referee therefore finds that such ground Is nontributary ground water as that term is defined in§3740-103(10.• C.R.B. and that the withdrawal of such ground water at the rates In the quantities set forth herein, including such additional quantities as determined pursuant to 1as hereof, bill not cause material lit to any vested water rights or decreed conditional water rights. 10. Calculation.In order to calculate the amount of ground water in the le- Fox Hills and Lower Arapahoe aquifers underlying the • .. . it is necessary to determine,inter ails,the average specific yield of the is and the thickness in feet of the saturated water yielding aquifer cls ("saturated thickness"). Because Applicants have not construe • all the wells on the property, Applicants have requested the Court retain Jurisdiction to provide for the adjustment of the annual amount of • • war allowed to conform to actual aquifer characteristics derived from - • - • . information obtained from the construction of wells or test holes.P ing the invocation of the Court's retained Jurisdiction,the Applicants have ..• .• to the following specific yield, saturated thickness, and average noel withdrawals,all of which are based upon the best data currently . labia, and are consistent with the values settortih In the Rules and Detsrm . • • CADocimws end SettIngsthe21sMy DoounwntnnUu atimeCrWetntYtdoo 2010-05-05 19;00 CLIFF 0639593>> 970 304 6496 • P5/14 oeCwisi • wigaard Page 4 Formation Specific Yield Saturated Average Annual Thickness(FT) Withdrawal(AF) Lower Arapahoe 17% 90 11.1 Laranae-Fox Hills 15% 150 16.3 11. Additional Wells. Applicants propose to use eight wells to withdraw water from the Laramie-Fox Hips and Lower Arapahoe aquifers. One well will be located on each of the lots in Applicant's proposed subdivision.Applicants reserve, however, the right to drill wells on any of the lots in any of the aquifers they deem appropriate or necessary for use within the Suubdivtsion, or for any other lawful use.Applicants may withdraw the groundwater from less then 9 wells and provide the groundwater to the 9 Lots through a central water system. 12. Well Permits.One well permit has been issued to Applicants pursuant to§37- 90-137(4), C.R.S., Well Permit No. 180126 in the Lower Arapahoe aquifer. Each of the three new wells permits,to be located on each of the lots in the proposed subdivision, shall be permitted to withdraw annually 1/4* of the water available from the Lower Arapahoe aquifer,subject to the 300 year rule • imposed by Weld County,which allows an annual withdrawal for each well of 0.925 acre feet at a rate not to exceed 16 g.p.m.Well Permit No.180126 shall be modified or amended to allow withdrawal annually 114'" of the water available from the Lower Arapahos aquifer, subject to the 300 year rule imposed by Weld County which allows an annual withdrawal of 0.925 acre feet at a rate not to exceed 15 g.p.m.Each of the five new wells permits,to be located on each of the lots in the proposed subdivision,shall be permitted to withdraw annually 1/b"' of the water available from the Laramie-Fox Hills aquifer,subject to the 300 year rule imposed by Weld County,which allows en annual withdrawal for each well of 1.098 acre feet at a rate not to exceed 15 g.p.m. If,however.Applicants choose to provide the groundwater to the 9 Lots through a central water system, then Applicants may withdrew the annual and 16.3 acre feet ffrootheL ranni of le l sore feet from the Lower Fo from one or more wells needed to divert the full amount of the appropriations. If subject to the 300 year nle imposed by Weld County the annual withdrawal would be 3.70 acre feet from the Lower Arapahoe and 5.43 acre feet from the Laramie-Fox Hills. Well permit applications for the wells to be constructed shall be applied for at such time as the Applicants or their successors,or assigns are prepared to construct the wells pursuant to the terms of this decree and applicable wCo o Applican(ashen not be required tosubmit proof evidence of matters finally determined herein when making application for. C'1Doe,,nsnb and ssemseles2lrelUdy Doaumen wWUUNos1oecw1slMw.doe • 2010-05-05 19:00 CLIFF 303.93» 970 304 6498 P 6114 , • • 06 W181 'nerd Page 5 permits for such wells. 13. Well Field.The wells decreed herein from the Laramie-Fox Hills a Lower Arapahoe aquifers shell constitute a well field for each aquifer. total amount of water which Applicants are entitled to withdraw and use year from the Laramie-Fox Hills and Lower Arapahoe aquifers pursue to the provisions of this decree may be withdrawn from any well or comb! of wells decreed herein which Is completed into that aquifer. 14. Annual Averaging.Applicants may withdraw more water each year the Laramie-Fox Hills and Lower Arapahoe aquifers through the wells d reed herein than the amount determined to be annually available from the quifer; pursuant to the provisions of this decree, so long as the sum of the withdrawals from the nine wells decreed herein from the aquifers not exceed the product of the number of years since the date ofthis dec times the annual amount of withdrawal finally determined to be aval to Applicants from the aquifers pursuant to the provisions of this d 16. Replacement Wells. Applicants may need to construct adds al or replacement wells in order to maintain their level of production to recover the entire amount of ground water to which they are ntltled • pursuant to the provisionsof this decree,including any additional to which Applicants are determined to be entitled pursuantto the of paragraph 35 hereof.As Applicants seek to utilize additional or nt wells,Applicants shall file applications for well permits in accords with the provision of§37410-137(10),C.R.S.In considering such applioati ,the State Engineer shall be bound by this decree and shall issue said is in accordance with the provisions of§37-90137(10),C.R.B. 16. Uses.Applicants may use,reuse,and successively use the subject round water; and after use, lease, sell or otherwise dispose of the r for municipal, domestic, agricultural, commercial, Irrigation, stook recreational,fish and wildlife,fire protection,and any other beneficial agon or off the properly. The water may be immediately used or stor for subsequent use, used for exchange purposes, for direct of depletions,and for other augmentation purposes,including taking for all return flows resulting from the use of such water for for or as an offset against any out-of-priority depletions.Such water is loped water with respect to any surface system of alluvial aquifer into loh It might be introduced.Applicants shall have the rigid to o reuse, use, and disposition by sale, exchange, or otherwise to extinction, Of such water withdrawn from the Laramie-Fox Hills and Lower Arapahoe aq liars subject to the relinquishment or replacement requirements of Rule 8 the Rules. • CADoctinsods and SettingsW621ravayDmmeebWUUM0810B(.'w181Mw.doa 2010-05-05 19;01 CLIFF 61639593 > 970 304 6498 • P7/14 CW181 • ;gsero, Page 6 17. Retained Jurisdiction. Applicants have requested that the Cots retain. jurisdiction as necessary to adjust up or down the annuals nt of withdrawal allowed to conform to actual local aquifer as determined from adequate information obtained from well drilling or test holes,In accordance with$37-92-306(11),C.R.S.The Referee Ands this: request is reasonable. CONCLUSIONS OF LAW 18. Jurisdiction. The application herein is one contemplated by law, this Court has sicolusive jurisdiction overthe subject matter of this Ing.§ 37-92-203 and 37-90.137(8),C.R.B. 19. Application. The application herein was filed with the Water Lark in accordance with the provisions of 587,82-802(1xa),C.R.B. 20. Notice.Timely and adequate notice of the filing and of the of the application herein was given In the manner provided by law,and Court has jurisdiction over all persons or entitles affected hereby, whip er they have appeared or not 187-92402,C.R.S. 21. Statements of Opposition. No statements of opposition were filed, d the • time for filing statements of opposition and for motions to ne trap expired according to law,$$37-02-302(1)(c)and 87-02-304(3),C.R. . 22. Groundwater Contemplated by Law.Applicants are entitled as a of law to a decree determining and confirming their rights to the pro ter which is the subject of this application for existing and future uses. 7-000. 137(4)and 37.90-137(6), C.R.S. 23. Well Construction. Applicants are entitled to a permit to construct e wells described in 111 hereof, $37-90.187(4), C.R.S., and such iticneci,l supplemental,replacement,or alternate point of diversion wells as ay be: required or desired in the future. $3740137(10),C.R.S. 24. Disposition of Non tributary Groundwater.Applicants are entitled as matter of law to use, reuse, successively use and otherwise dispose oil* of the. nontrto use said ry water decreed herein. B said water or return flowstherel p includes from to replaceout-of fit, depletions under a plan for augmentation or substitute supply plan roved. in compliance with applicable law.This right may be exercised by manta, their successors,assigns,lessen,and contractors pursuant to§§37 2-101 and 3742-106(2),C.R.S. 0:IOocane.ets end tholtivabiltirellb nooumenblsuLYgswecwtOutflow • • 2010-05-05 19:01 CLIFF 303.93>> 970 304 6498 • P8/14 • W191 igeard Page 7 25. Not Conditional.The rights to ground water determined herein shat not be administered in accordance with priority of appropriation. $37-02 11), C.R.B. Such rights ars not conditional water rights as defined by 7-92- 103(6),C.R.B. The provisions of 637.02.901(4),C.R.B.,requiring findings of reasonable diligence are not applicable to the ground rights determined herelnl The determination of ground water rights n need not include a date of initiation of the withdrawal project $37-92 (11), C.R.B. 26. Retained Jurisdiction. The Court may retain jurisdiction r the determination of ground water herein as necessary to provide the adjustment of the amount of water available for withdrawal on an annual basis to conform to the actual aquifer characteristics encountered u the drilling of wells or test holes.$37-92.306(11►,C.R.S. Applicants ha given adequate notice that the amounts decreed herein are subject to e and/or decrease pursuant to the Courts retained jurisdiction. RULING and DECREE 21. Application Granted. The application herein is granted subject to the • limitations described herein. 28. Incorporation.Each of theforegoing Findings of Fact and Conti of Law Is incorporated herein as R eet out M full. 29. Approval.Applicants'rights to the ground water which is the sub of this case are hereby confirmed.The water may be used for the pu and in the manner set fallen In 118 hereof. 30. ReNnqulshnent.Applicants shall relinquish the right to consume,by of original use, reuse, or successive use, two percent of the nt of nontributary ground water which I.withdrawn from the Laramie-Fox band Lower Arapahoe aquifers pursuant to the provisions of this decree regard to dominion or control of the ground water so rellnq . This requirement may be satisfied with nontrlbutary ground water retu flows resulting from irrigation or by any other appropriate means. shall provide to the State Engineer an adequate annual and calculations to assure that they have relinquished two percent ofthe nt of the nontributary ground water withdrawn by them pursuant the provisions of this decree. 31. Administration.The ground water decreed herein shall not be admin d in accordance with the doctrine of priority of appropriation. • c:+000unonis and sstergaestirsi Alp DoeusanistRULINOMOOCWIltinatdoe 2010-05-05 19:01 CLIFF •639593>> 970 304 6498 • P9/14 06 WIB1 • Igaard Page 8 32. Well Permits.The State Engineer shall issue a well permit which with this decree for each of the wells decreed herein,including the ad Mortal wells described in 11 b hereof,upon application therefore,subject to the following provisions: a. The State Engineer shall consider the water rights decreed h n as vested property rights and shall consider the ground water reed herein to have been appropriated by Applicants, subject ly to modification as provided in 134 hereof. b. Prior to drilling any of the wells decreed herein.Applicants shall ly to the State Engineer fora well permit, and the State Engineer II issue such permit In conformity with the provisions of this decree not than 45 days following application therefore. c. In determining whether good cause exists to grant a req t by Applicants to extend any well permit issued pursuant to the ions of this decree for one or more additional one year periods pu to§37- 901137(3XeXiI),G-R.S.,the State Engineer shall recognize that h well decreed herein,including the wells described in 116 hereof,is of an integrated water supply system which will of necessity be • over a substantial number of years. d. Any well for which a well permit is issued pursuant b the of this decree which is drilled within 200 feet of the location in the permit shall be deemed to have been drilled at the permitted ,and Applicants shall not be required to apply for a new or amended• e. If Applicants desire to drill any well decreed herein, including wells described In 11 S hereof,after the expiration of a permit to that well,Applicants shall apply to the State Engineer for the issuance 'new well permit at the time Applicants are prepared to construct the .The State Engineer shell promptly Issue a new well permit with icons Identical to those of the expired permit. Failure to construct well described herein within the period of time specified In any eel permit therefore shell not be deemed to extinguish the underlying right f. In the event any of the amounts which Applicants are entitled to thdraw each year as decreed herein are modified In a proceeding held ant to 134 hereof,the existing permit for each effected well shall be to reflect the modified amount of annual withdraws.New permits wells to withdraw water room the affected aquifer shall likewise reflect such modification. Madame*.and E1ttings ba21rsmMy DaxintenWRULIMMOGGIVIllintlildee 2010-05-05 19:01 CLIFF 30393 > 970 304 6498 . P10/14 • • W181 igaard Page 9 g. Prior to constructing any additional or replacement wells,Appi shall submit well permit applications to the State Engineer. In ng the permit application for any such wed,the State Engineer shall be by the provisions of 137-00-137(10),C.R.S.,and shall apply the of§37-90.137(4),C.R.S.,as if the application for any such well been flied on the same date as the application for the original well flied. Any such permitting action may be reviewed by this Court pu uent to §37-92-306(8►,C.R.S. h. For the purpose of its well permitappllcatlons.Applicants need submit separate proof,apart from the terms of this decree,of any ma which hes been determined herein. 33. Construction of Wells. In constructing and maintaining the wells reed herein,including the wells described in 115 hereof,Applicants shall with the following conditions: a. Applicants shell have the entire length of the open bore hole ly logged prior to casing,or submit a geophysical log from well or test hole located within 1,320 feet of the subject well. A of the • geophysical log shall be submitted�to the Division of Water as described In paragraph 35 hereof. b. Applicants shall case the well with an impervious lining at all levels, except the level of the aquiferfrom which it is entitled to produce .In order to prevent withdrawal of ground water from other infers. Applicants shall also seal the well In such a way as to the commingling of ground water from different aquifers. c. Applicants shall install a totalizing flow meter on each well at time as the water diverted is beneficially used. d. Applicants shall maintain records of all withdrawals through ch well and submit them to the Division of Water Resources when requested do so. e. Applicants shall attach an identification tag to each well or w pump house specifying the name of the well,the number of the penult therewith,end the aquifer from which the well withdraws water. 34. Retained Jurisdiction. The Water Judge shall retain jurisdiction this matter pursuant to the provisions of g37-92-306(11),C.R.S.to forth, adjustment of the annurht of water evadable for annual withdraws to to actual local aquifer characteristics.Applicants shell obtain a log for each of the wells described in 112 hereof or a geophysical I of the • C lOochshrh and 5atliorhe21rsNN neoreetentsuisomesotwaisystem • 2010-05-05 19:01 CLIFF 0639593» 970 304 6498 • P 11/14 OS W1B1 • igaard ge 10 applicable aquifer from another well or test hole located within 1,32 feet of the subject well,and may also obtain a porosity log or core samples stable for a laboratory specific yield test.Applicants shall submit such I to the State Engineer in accordance with the provisions of the S wide Nontribuiary Ground Water Rules,2 OCR 402-7.Thereafter, or the State Engineer may, by petition, invoke the Courts retained Jun lotion under the above caption and case number and request a final dote ton of the amount of water available from the aquifer in which the well is The petition shall state the quantity of water which the petitioner is available for withdrawal annually from that aquifer based upon site- specific data.The petition shall Include a reference to the sixty- day period described below. Copies of the petition shall be served by d mail, return receipt requested, upon each of the parties hereto or the successors-in-interest, if such successors have been identified an address therefore provided in writing. Service of such doc shall Initiate a sixty-day period during which any party or its successor-in and the State Engineer may Ole an objection to the quantity in the petition.If any such objection killed,the matter shall be setfor ti no such objection is filed,the Court shall,within sixty days following ration of said sixty-day period, enter a anal determinalon of the amount water available from that aquifer,adopting the quantity stated in the .The • Court's retained jurisdiction shall terminate with respect to a aquifer upon entry of a final decree determining the amount water available from that aquifer pursuant to this provision. 36. No Diligence.The nature and extent of the rights determined herein I be defined by the provisions of*87.00-137(4).C.R.S.No findings of hie diligence are required In order to maintain the water rights nod herein. This proceeding is for tit determination of the right to water described herein for Sating and future uses, and the rights to use of ground water determined herein are vested property rights. N. Finality. This Ruling shell become final and appealable upon en as a Decree of the Water Court notwithstanding the retained jurisdiction 37. Transfer of Water Rights The ground water rights decreed herein are vested property rights decreed to the applicant The ground water rights decreed herein shall owned by the applicant or the applicant's successors until such time as applicant or the applicant's successors expressly convey all or a portion the water to another entity through a deed that identifies this case number,th specific aquifer,and the annual volume(based on a 1OO-year aquifer life] total volume of ground water that is being conveyed. Ci0ocu ante and lietatedbettrdilly DoconentiORUUMOSIOILVICHn aim • 2010-05-0519.02 CLIFF 3033» 970 304 6498 • P12114 • W181 'guard ape 11 DATED thle7)' day ,2007. • a d S. Eiseman Water Referee Water Division No.1 THE COURT FINDS: NO PROTEST WAS FILED IN THIS MATTER.THE FOR NG RUUNO IS CONFIRMED AND APPROVED,AND IS HEREBY MADE THE JU ENT AND DECREE OF THIS COURT. BY THE COURT • MAY 1 s 2001 Rob Klein Water Judge Water Division No. 1 State of Colorado • C:1DoowMnts and 8atvnge1bl2lM1My DeeumanlaIRULINoaroecret s tw.doc 2010-05-05 19;02 CLIFF 0639593» 970 304 6498 • P13/14 vAca" e e —c r l lI • Y, • r � :' fd • d : -1-2--11-2 \..e ms_ _ �..-+y- t . .< r iY�- '� �7 r•', t 1 is ! ° 1 �\ N. >b 1. - , i � 1 / ii �r { i. v J t • r�\ •.„•,-4. �r \ tip ��•♦ \i . ,1' t 71r I it II1 1`., �, ._`, '7 •I . 1l if t 'L6 r .-.1‘.\\ 1. \ \i`\ '1.".4.4, . l' I 1 .N '4-, - ( • If' 1 ; \1 I ' h t is w. i! y p \l•.., S •''� IV it 'ti, \ t. " !. '. Ms 1. i 1 ♦, l -4 I I " I .L 1 1 t:Oli 11 4ti • � -` `1 1�1'.L�j 4't � '� ` 1l►7W E pFrrlrt6.u. r; p. 1 ` ; i � �.".••-. 1. 1 ".. re 1:Wlpard Parcel Leaf Engineering,Inc. Yob Ho toter arca tr no 17th ChitMcXjndc toao o l0002oco300oaaos000t000 }et owo,Co NCI Apt 04 2001 011))351010 bns fntae • P Let,P.S 2010-05-05 19;02 CLIFF 3033» 970 304 6498 . P14/14 i CWI&( 41 .4 `` r • jA �' -, r I C. C ii ►+r. 11 �ii ! I i , I , i Aj _,_,e irk \ I, e • �� \ . + 1 'e 1 a 0 ellg :lip p III _ �� `t\` 1, ii ; I t ( R st 4\ IIII till .1, I n ' U N. \\ is 9 ii 1 \ \\ , iii I , , . . � I ie ` .\` \\\ .Y . I � 3N, \\\ \ 1 4 7I' , ) i n! � � m`lea m muloaa I I ° I SICAMIN• WS Mat wg . Ild w nn a rr. w..•se.mgt 11.01 I : '� =i pet:iTr1'. F1 yure !a • • 2010-05-05 19:00 CLIFF 3033» 970 304 6498 • P 2114 • DISTRICT COURT,WATER DIVISION NO. 1, COLORADO r Street&901 Avenue P.O. Box 2038 Greeley.CO 80832 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: SHERRY WIGAARD AND VALOIS ANN SMITH COURT USE ONL f IN WELD COUNTY. . Kim It Lawrence,98388 Lind,Lawrence&Otenhoff LLP Case No. 06CW1S1 355 Eastman Park Drive,Shots 200 Windsor,Colorado 80550 Telephone:9704744888 Fax: 970474-9535 E-mail: kimGllolaw.com II FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING AND DECREE THIS CIA. was filed with the Water Clerk, Water Division No. 1 on 17, 2008. The Referee, having considered the pleadings, the files herein, the evidence presented, and being fully advised in the premises, hereby the following Findings and Ruling: FINDINGS OF FACT 1. Name and Address of Applicants. Sherry Wigssrd and Valois Ann Smith, 1935 Weld County Road 55, Keansburg,CO,80843. 2. Notice.Timely and adequate notice of the pendency of this proceeds tnram has been given in the manner required by law. The Court heed lotion over the subject matter of this proceeding and over all persons have standing to appear as parties,whether they have appeared or not 3. Statements of Opposition. No statements of opposition or to intervene have been flied. The time for filing statements of oppoe�and motions to intervene has expired. • WOeoumsnts and s tune hbd2t ready DocturnentdRUUNOMMIdIntW.doc 2010-05-05 19:00 CLIFF 4016395932> 970 304 6498 • P3114 OCCW181 • Wigaard Page 2 4. Designated Basin. Neither the land the proposed wells,nor the water which are the subjects of this application are located within the boundaries of an designated ground water basin. 5. Property and Wells. Applicants seek a decree determining and conflnmin, their right to withdraw and use all legally and physically available • • water recoverable from the Laramie-fox Hills aquifer and Lower Ar • underlying the property. The "property" is 72.5 acres located to Lot B Recorded Exemption 1475-28-1-RE2728 in the NIA NE''%, _ . • 28 Township 1 North, Range 84, West of the Sixth P.M. In Weld • nty, Colorado. The wells will withdraw from the Laramie-Fox Hills • Arapahoe aquifers underlying the entire 72.5 acres.Applicants have • right to withdraw and use all of the ground water in the Laramie-Fox Hits an Lower Arapahoe aquifers underlying the property.Applicants proposeto 9 wells,LA Well No.1-180128,LA Well No.1 through No.8 to withdraw wate from the Lower Arapahoe aquifer and LEH Well No.1 through 5 to • •re water from the Laramie-Fox Hilts aquifer.Each of the eight wells will divert a rate not to exceed 15 g.p.m. Applicants may withdraw the g from less then 9 wells and provide the groundwater to the 9 Lots • • cents al water system. e. Determination. Applicants have supplemented the application herein with • evidence that the State Engineer has issued within four months of the filing the application in Water Court, a determination as to the fac .< of the application.The Referee has considered the State Engineer's . of Facts ("the Determinations") concerning the ground water w • is - subject of the application herein. The Referee has also consid • the Denver Basin Rules,2 CCR 4024("the Rules")as they apply to the •round water which is the subject of the application herein. To the extent . . anything in this decree is not consistent with the contest of the Rules and • • the Determinations, The provisions of this decree shall control • any conflicting provisions in the Determinations. 7. Right to Non-Tributary Water.The evidence indicates,and the Referee finds, that, utilizing the criteria set forth Si §37-90.137(4), C.R.S., and the Rules, ground water in the amount of 18.3 acre feet of nontributary groundwater is available for withdrawal and use by Applicants from the Laramie-F•• Hills aquifer underlying the property. The evidence indicates, and the -eferse finds, that, utilizing the criteria set forth in §8740-137(4), C.R.S., and the Rules, ground water in the amount of 7.1 acre feet of • butary groundwater Is available for withdrawal and use by Applicants • the Lower Arapahoe aquifer underlying the property.The 7.1 acre feet include 4 acre feet allocated to Well Permit No.180128 which is owned by A. • cant,. moccumens ens e e icalb521niw,oocI t$osroecw1e,,ay.doc • • February 19, 2010 Michelle, To insure safe delivery, would you please forward this water agreement to the Weld County Attorney for approval. Thank you. • • • WATER SUPPLY INFORMATION SUMMARY Section 30.26-133,(d), 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 I �r Pee f slow Gs la -eS 2. LAND USE ACTION Mo ;,vr J„L— r19r v?s ins - 3. NAME OF EXISTING PARCEL AS RECORDED C cock A) T R/ /17d AL cc) � SUBDIVISION FILING BLOCK LOT 4. TOTAL ACREAGE$, 3 tot 5. NUMBER OF LOTS PROPOSED Li PLAT MAP ENCLOSED 0 YES 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? 2 YES 0 NO B. Has the parcel ever been part of a division of land actionlinca June 1, 1972? 2 YES 0 NO If yes, describe the previous action R E. f I 1 7. LOCATION, OF PARCEL • Include a map deliniating the project area and tie to a section corner. I1v lit OF SE 1/4 SECTION 3- TOWNSHIP if ® N ❑ S RANGE (o ❑ E W W PRINCIPAL MERIDIAN: ® 6TH 0 h.M. 0 UTE 0 COSTILLA •8. PLAT- Location of all wells on property must be plotted and permit numbers provided. Surveyors plat 0 Yes 0 No If not, scaled hand drawn sketch 0 Yes 0 No 9. ESTIMATED WATER REQUIREMENTS • Gallons per Day or Acre Feat per Yew 10. WATER SUPPLY SOURCE ❑ EXISTING 0 DEVELOPED ❑ NEW WELLS - WELLS SPRING PROPOSED ADUFEMO tCHELK a,o HOUSEHOLD USE # % of units /00O GPO AF WELL PERMIT NUMBERS 0 muvuL ❑UPPEe ARAPAHOE ❑UPPER DAMSON 0 LOWER ARAPAHOE COMMERCIAL USE# of S.F. GPD AF ❑LOWER DAWSON 0 LARAMIE FOX NITS ❑Deem 0 DAKOTA ❑OTHER IRRIGATION# of acres GPD AF STOCK WATERING #_ of head GPO AF MUNICIPAL ❑ ASSOCIATION WATER COURT DECREE CASE NO.'S OTHER - GPO AF ❑ COMPANY ❑ DISTRTICT�TgII,, TOTAL GPO AF NAME 1..114 Hann Sow LETTER OF COMMITMENT 4R SERVICE 0 YES 0 NO 11. ENGINEER'S WATER SUPPLY REPORT 0 YES O7 NO IF YES, PLEASE FORWARD WITH THIS FORM. [This may ha required baton our review's completed.) 12. TYPE OF SEWAGE DISPOSAL SYSTEM - 181 SEPTIC TANK/LEACH FIELD 0 CENTRAL SYSTEM - DISTRICT NAME EliLAGOON • 0 VAULT • LOCATION SEWAGE HAULED TO ❑ ENGINEERED SYSTEM (Attach a copy of engineering design) ❑ OTHER i • February 19, 2010 Michelle, To insure safe delivery, would you please forward this water agreement to the Weld County Attorney for approval. Thank you. • • WATER SUPPLY INFORMATION SUMMARY • Section 30.213-133,(d), 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 tt a 111,-An; I (7)_ a to ' Ole Jot.✓ ? Es 'f-r s � NO 2. LAND USE ACTION /' f J„L- Di vI S /owe - 3. NAME OF EXISTING PARCEL AS RECORDED Cock/o r k �6Aboli) (_G-.C_ SUBDIVISION FILING / BLOCK LOT 4. TOTAL ACREAGE 50. 3(09 5. NUMBER OF LOTS PROPOSED 1 PLAT MAP ENCLOSED 0 YES 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? 2 YES 0 NO B. Has the parcel ever been part of a division of land action nce June 1, 1972? 2 YES 0 NO If yes, describe the previous action IS 6. /.7"71 7. LOCATION OF PARCEL - Include a map deliniating the project area and tie to a section corner. � p ( ) 111 OF SE 1/4 SECTION TOWNSHIP 14 ® N ❑ S RANGE (P C ❑ E W PRINCIPAL MERIDIAN: ® 6TH 0 N.M. ❑ UTE 0 COSTILLA •6. PLAT• Location of all wells on property must he plotted and permit numbers provided. Surveyors plat 0 Yes 0 No If not, scaled hand drawn sketch 0 Yes 0 No 9. ESTIMATED WATER REQUIREMENTS • Gallons per Day or Amu Feet per You 10. WATER SUPPLY SOURCE ❑ EXISTING 0 DEVELOPED ❑ NEW WELLS - WELLS SPRING PROPOSED AQUIFERS.(CHECK ow HOUSEHOLD USE if 9 of units )t7OD GPO AF WELL PERMIT NUMBERS ❑AIRMAL ❑HPPER ARAPAHOE ❑UPPER DAWSON C LOWER ARAPAHOE COMMERCIAL USE f of S.F. GPD AF o OWNER DAKOTA S FOX NUS ❑OTHER IRRIGATION if of acres GPO AF STOCK.WATERING If Of head GPO AF MUNICIPAL ❑ ASSOCIATION WATER COURT DECREE CASE NO.'S OTHER - GPO AF 0 COMPANY ❑ DISTRICT„, �f TOTAL GPO AF NAME b:*(t IAsnn Snv LETTER OF COMMITMENT'FOR SERVICE 0 YES 0 NO 11. ENGINEER'S WATER SUPPLY REPORT 0 YES G7 NO IF YES, PLEASE FORWARD WITH THIS FORM. (This may be required before our review is completed! • 12. TYPE OF SEWAGE DISPOSAL SYSTEM IS SEPTIC TANK/LEACH FIELD 0 CENTRAL SYSTEM - DISTRICT NAME 4,1 LAGOON - 0 VAULT LOCATION SEWAGE HAULED TO 0 ENGINEERED SYSTEM (Attach a copy of engineering design) 0 OTHER 01/12/2010 13 53 303-254-9912 BETTY & ASSOCIATES PAGE 02 LITTLE THOMPSON WATER DISTRICT Pirectors: Mn Sauer,President • Jim Cooper xau,.Galc.aa-crm March 31,2009 835 B.Highway 56 Mac Juneau Berthoud,CO 80513 Paul Bukowshi Richard Macomber P 970.532.2096 Gary Olson F 990531.3734 www.LT WD.org James P. Trott, SR. 3654 E. 151'Ave. Brighton,CO 80602 Dear Mr.Trott: This letter is in response to your request for a water service commitment for up to 9 additional residential lots, in the location described as follows: PORTIONS OF N1J2,SE 3/4,SEC.7,T4N,R6$W --WELD COUNTY, CO North of 22327 WCR 3 The District provides water service within its service area as defined by the District. The provision of water service by extension of existing water lines of the District to the above property and the installation of taps for lots is done under the terms of the Rules and Regulations of the District established by the Board of the District from time to time. You may obtain a copy of the Rules and Regulations from the District. This letter outlines the provisions of the Rules and Regulations; however this letter does not change any provisions of the Rules and Regulations. The Board of the District may alter and amend the Rules and Regulations at any time, and the provisions of this letter are subject to • alteration and amendment based on changes in the Rules and Regulations of the District. We currently have a 6" diameter water line located along WCR 3 with additional capacity available Therefore, we can commit to provide service to the above property, subject to the limitations in this letter, for one standard residential 5/8" X 3/4" water tap per lot; and the following additional limitations on the provision of water service are: 1. All improvements to District facilities required to provide service will be the financial responsibility of the developer in accordance with the District Rules and Regulations. All improvements must conform to District Specifications. 2. If a fire hydrant is required for the subdivision there is a $2,000 fire hydrant fee that needs to be paid prior to installation of the fire hydrant. You will be responsible for any improvements or upgrades needed to meet the required fire flows in your subdivision. 3. In order to provide the required flows to the subdivision you will be required to install a minimum 8" Diameter water line from the end of the existing 6" line at 23491 WCR 3, south to connect to the existing 6" line South of WCR 48. You will also be responsible for the installation of a Pressure Reducing Vault (PRV) at the South end of the line. The PRV vault will need electric service and telemetry; you will also need to pay for the installation of telemetry to the site. Several other projects are underway in the area that have this same requirement for off site construction for service. It may be possible to work with the other developers to share the cost of these upgrades. • 01/12/2010 13:52 303-254-9912 BETTY & ASSOCIATES PAGE 03 r • 4. You will be required to provide the needed water lines in the proposed subdivision. No dead end lines longer that 600 ft will be allowed. You may need to loop the waterline through the subdivision to maintain water quality. 5. The design, installation and total cost of the project will be the responsibility of the developer. 6. Prior to recording the final plat with the County, or initiating water service, you will need to provide evidence that the property is included in the Northern Colorado Water Conservancy District as well as the Little Thompson Water District. You will also need to have the property included in the Municipal Sub District of the Northern Colorado Water Conservancy District. This commitment letter will expire two years from the date of this letter if the taps have not been purchased, paid for and installed by that date of expiration. The current fee for the domestic 5/8" X 3/4" tap is $23,100. YOU ARE HEREBY ADVISED THAT THE RULES, REGULATIONS AND TARIFFS OF THE DISTRICT ARE SUBJECT TO CHANGE WITHOUT NOTICE; AND THIS LETTER IS ISSUED WITH THE SPECIFIC LIMITATION THAT THE DISTRICT MAY CHANGE THE RULES, REGULATIONS AND TARIFFS APPLICABLE TO THE ABOVE PROPERTY AT ANY TIME WITHOUT NOTICE TO YOU OR ANY PERSON. • If you have questions,please contact me. Regards, -'.7 " Michael T. Cook District Engineer • • Well Water Treatment Services Agreement For Sherry Wigaard and VeLois Ann Smith By GLOBAL WATER SERVICES Cr rr May 2007 • PROPRIETARY CONFIDENTIAL—©Copyright Global Water Services 2007 • Water Treatment Services Agreement This Well Water Treatment Services Agreement("Agreement")is entered into as of this_day of 2007 by and between: Purchaser: Sherry Wigaard&VeLois Ann Smith(Purchaser) and Provider. Global Water Services("GWS"), SECTION 1. GWS FACILITY L1 GWS shall,at its sole cost and using its personnel and/or subcontractors,install the equipment,components,and technology set out in Schedule A,which will comprise the GWS Facility. 1.2 Purchaser shall at all times be and remain the owner of the Site,Delivery System,and Water,and GWS shall have no ownership,security,or other interest in the foregoing. 1.3 GWS,or its assigns,shall at all tunes be and remain the owner of the GWS Facility and Purchaser shall have no ownership,security,or other interest in the GWS Facility,its components,or technology. • SECTION 2. OPERATIONS AND MAINTENANCE 2.1 (a) GWS shall maintain the GWS Facility and shall bear all costs associated with the operation and maintenance of the GWS Facility except for(i)the cost to pump water from the well to the treatment facility and(ii)any costs associated with the Delivery System,and Facilities to supply treated water to Purchasers' Facilities all of which payments and costs shall be borne by Purchaser. 2.2 Purchaser shall at all times be responsible for(a)obtaining required permits to develop, construct,and operate the Site,occupy the Site,and operate the GWS Facility and(b)the payment of all taxes associated with Purchasers' business and operations and with the Site,Delivery System,and Water. SECTION 3. NOTICES 3.1 Notwithstanding any other provision of this Agreement,all communications between Purchaser and GWS with respect to the daily operations,maintenance,breakdown,repairs,scheduled maintenance or any other factor associated with the GWS Facility,the calculation of the Variable Fee, Site operations,the Delivery System,or any Material Change shall be made by telephone,and confirmed by facsimile or electronic mail,as follows: • I If to Purchaser: I If to GWS: PROPRIETARY&CONFIDENTIAL©Copyright Global Water Services 2007 2 • Sherry Wigaard and VeLois Ann Smith George A Kart Position: Owners Position: President Telephone: Telephone: (303)215-1100 Cellular phone: Cellular phone: (303)883-0644 Facsimile: Facsimile: (303)215-0595 Electronic Mail: Electronic Mail: gkast@gwtr.com 3.2 Each party agrees to give the other reasonable(in the circumstances)notice of any Material Change in the Water Supply,and change in the operations of the Site or GWS Facility.Notice of any emergency condition shall be given immediately after learning of the emergency condition by telephone confirmed by facsimile or electronic mail. SECTION 4. TESTING 4.1 Purchaser may,at any reasonable time during the Term,which does not interfere with the operation or maintenance of the GWS Facility,test the influent well water and treated water by the GWS Facility in accordance with Schedule D,against the Standards as set forth in Schedule C. Purchaser shall give GWS reasonable notice of any tests and shall permit a representative of GWS to be present during all Purchasers or its representatives testing. • SECTION 5. BASE AND VARIABLE TREATMENT FEES 5.1 Beginning thirty(30)days following the Operating Date and continuing through Purchaser shall pay a"Base Fee"of 5.2 In addition to the base fees outlined above,beginning thirty(30)days following the Operating Date and continuing every calendar month thereafter until ,Purchaser shall pay the"Variable Fees"to meet the described drinking water standards in accordance with changes to the well water supply. 5.3 All payments due,pursuant to this Section 6, shall be calculated by GWS and it shall submit an invoice thereof to Purchaser,which shall be due and payable within fifteen(15)days after receipt. In the event any payment is not received when due,any outstanding amount shall accrue interest at the rate of twelve percent(12%)per annum or,if said interest exceeds the maximum rate that may be legally accrued,then at the highest rate permitted by law,compounded monthly from the last day Purchaser might have paid without delinquency to the date GWS receives payment • PROPRIETARY&CONFIDENTIAL©Copyright Global Water Services 2007 3 • 5.4 Upon notification to GWS that Purchaser has received their Weld County treatment permit and final site selection has been made,Purchaser shall pay to GWS an amount equal to$ as an initial payment to credited back to Purchaser against the first two minimum fee invoices. SECTION 6. INFLUENT WELL WATER 6.1 Purchaser represents that the Well Water Supply sent to the GWS Facility will be equal to or better than the water described in schedule B.In the event the influent water supply shall change,then GWS shall have the right to adjust the Variable Fees up or down in accordance with its actual increase or decrease in costs for treatment in meeting Purchasers Weld County drinking water standards. SECTION 7. TERM AND TERMINATION 7.1 Unless the parties have agreed to an extension of this Agreement,at the end of the Term GWS,at its sole option,may remove the GWS Facility at its sole cost or may transfer the GWS Facility to Purchaser on whatever terms can be agreed by the parties. SECTION& RESOLUTION OF DISPUTES 8.1 Any controversy,dispute,or claim between the parties arising out of this Agreement which cannot be resolved informally by the parties,may be refoai$to arbitration by either party.Any arbitration of any such controversy,dispute,or claim shall be conducted using the commercial arbitration rules and • procedures of the American Arbitration Association("AAA")applying Colorado Law. Any party desiring to submit a dispute to arbitration shall file a Demand for Arbitration with the AAA at its office in Jefferson County,Colorado or the office closest to Jefferson County,Colorado. 8.2 Pending final resolution of any dispute,Purchaser and GWS shall continue to fulfill their respective obligations hereunder,to the extent practical,subject to any preliminary relief granted by the arbitrator in accordance with the provisions of this Agreement. When making an award under Section 8.1, the arbitrator may consider the manner in which the parties have continued or attempted to continue to fulfill their respective obligations as required by this Section 8.2. SECTION 9. MISCELLANEOUS 9.1 This Agreement may not be modified or amended except in writing signed by or on behalf of both parties by their duly authorized representatives. 9.2 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors,assigns,and nominees. No assignment by either party of its rights or obligations hereunder shall be made or become effective without the prior written consent of the other party;provided,however,that GWS shall be allowed,without Purchasers' consent,to do either of the following: (a) assign all or a portion of this Agreement,including any rights to receive payments under this Agreement,to any affiliate of GWS or,as collateral security,to any party providing financing for the GWS Facility;and • PROPRIETARY&CONFIDENTIAL-©Copyright Global Water Services 2007 4 • (b) assign the right to receive the Variable Fee and all of its rights pursuant to this Agreement to any person or entity. 93 GWS may subcontract any portion of the Services without the consent of Purchaser. Such subcontracting may be with any person or entity,whether or not affiliated with GWS. 9.4 The failure of either party hereto to require compliance with any provision of this Agreement shall not affect that party's later right to enforce the same. It is agreed that the waiver by either party of performance of any of the terms of this Agreement or any breach thereof will not be held or deemed to be a continuing waiver or a waiver by that party of any subsequent failure to perform the same or any other term or condition of this Agreement or of any breach thereof. 93 If any provision of this Agreement shall be determined by arbitration or by a court or other governmental authority of competent jurisdiction to be invalid or unenforceable for any reason,the parties shall negotiate in good faith to achieve an equitable adjustment to this Agreement with a view toward replacing the invalid provision with another,lawful provision to achieve the original purpose and intent of this Agreement provided,however,that the validity or enforceability of the remaining provisions of this Agreement,or any portions or applications thereof,shall not be affected by the=enforceability or invalidity of any other provision of this Agreement,and any invalid or unenforceable provision shall be deemed severed from the remainder of this Agreement which shall continue in effect 9.6 Without limiting any other obligation under this Agreement,Purchaser and GWS shall at • all times act honestly,in good faith,and in a commercially and technically reasonable manner to perform their respective obligations hereunder expeditiously in accordance with this Agreement 9.7 This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF,Purchaser and GWS have caused this Agreement to be executed by their duly-authorized representatives as of the date first above written. Sherry Wigaard GLOBAL WATER SERVICES By: VeLois Ann Smith By: Name: George A.Kast Position: President By: Duly Authorized • PROPRIETARY&CONFIDENI`IAL-©Copyright Global Water Services 2007 5 • SCHEDULE A The GWS Facility General Description: GWS Ion Exchange Well Water Treatment Systems,including filters and polishers END OF SCHEDULE A SCHEDULE B Description of Influent Water Simply Water Type: Well water from Purchasers wells. Water Quality: WELL WATER QUALITY • Water quality from Purchasers well shall be of similar quality and consistency to the water summarized in Table 1. Water Chemistry: Table 1 END OF SCHEDULE B SCHEDULE C Permitted Tests Tests of Influent Water Quality: 1) Periodic well testing in conformance with EPA_CFR 2) Periodic treated water testing in conformance with EPA CFR END OF SCHEDULE D • PROPRIETARY& CONFIDENTIAL-®Copyright Global Water Santa 2097 6 Hello