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Home My WebLink About920172.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT AND AUTHORIZE CHAIRMAN TO SIGN - KOENIG GRAVEL PIT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an agreement for the Koenig Gravel Pit between Weld County and the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, with the further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the agreement for the Koenig Gravel Pit between Weld County and the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of February, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: i � WELD COUNTY, COLORADO Weld County Clerk to the-Board � George Kennedy, Chairman BY: 1AtgJ" / " I(2:;/��w.,-te- �� ' /`14 �_ Deputy Clerk to the Boar \ onstance L. Harbert, Pro-Tam APPROVED AS T ORM: v EXCUSED DATE OF SIGNING (AYE) ___ C. W. Kirby l EXCUSED County Attorney Gordon E. Lacy JJ( '''qqq / W. H. Webster ll 920172 • i1 -1 ' fl f. 1 w14w14.0.-.)4.0.-c , . FIabb3l INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT, made and entered into this Q/p —day ofv �, 1992 by and between Weld County by and through its Board of County Commissioners ereinafter referred to as "Weld County," and the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, hereinafter referred to as "Central," pursuant to §29-1-203 C.R.S., §37-45-101 et seq C.R.S., §30-11-101 et seq C.R.S. and Article II, §2-3, Weld County Home Rule Charter. WITNESSETH: WHEREAS, Weld County owns property described on Exhibit 1, attached hereto and made a part hereof, hereinafter referred to as the "property," and has obtained from the Colorado Mined Land Reclamation Board a Mining Permit, to conduct sand and gravel operations on the property at the location of what is commonly referred to as the Giesert Pit; and WHEREAS, the mining operations have an impact on the historical surface and ground water patterns in the area and excavation of the Giesert Pit results in additional evaporation which will adversely affect Central unless augmented; and WHEREAS, Central has no objection to Weld County's mining operations and reclamation if the concerns expressed above are addressed and the interests of Central are satisfactorily protected. NOW, THEREFORE, in consideration of the premises and the mutual promises and covenants of the parties hereto, IT IS AGREED AS FOLLOWS: 1. Weld County shall conduct its mining operations on the property in accordance with the mining and reclamation plan as finally approved by the Colorado Mined Land Reclamation Board. 2. Weld County will file an application for water rights, including storage rights, claiming that it has made an appropriation of water, and will file an application for a well permit, for any uses other than evaporation, gravel washing, dust suppression, water retained in material and reclamation made upon the property using water from the Hokestra Pit. All other uses must be augmented in time, location and amount to replace any out-of-priority depletions so as to prevent injury to vested water rights. 3. Weld County has constructed the Giesert Pit pursuant to the approved Mining and Reclamation Plan in a good and workmanlike manner and will equip the Giesert Pit with such structures as are required by law. FaKIM\CCWCWELDWQREE2 1 92;0172 4. Weld County owns 1 share of the Lupton Bottoms Ditch Company. For purposes of this Agreement, it is assumed that the historical consumptive use attributable to the share is 100 acre-feet . Weld County will, and does hereby, for the term of this Agreement and any extensions thereto, assign the use of said share to Central free of any cost, and Central shall administer the share to augment the South Platte River in accordance with the gravel pit augmentation policy of Central and in accordance with the terms of the Petition for Class D Non-irrigation water Allotment contract attached hereto as Exhibit 2 and made a part hereof, to replace depletion resulting from the Giesert Pit, except Central shall have no obligation to file or obtain a well permit or Court approved augmentation plan. The share will be administered by Central under Central's existing substitute supply plan. For purposes of this Agreement it is assumed that the Giesert Pit results in an annual evaporative depletion of approximately 2.49 acre-feet of water for each surface acre of water exposed. Since 1981 Weld County has exposed 22.38 surface acres of water in the Giesert Pit. Water will be used in the mining operation for reclamation, gravel washing, dust suppression and by exporting the gravel from the site. The consumptive use for the reclamation shall be assumed to be 2.0 acre feet per acre irrigated. The consumptive use for the remaining uses shall be assumed to be 0 acre feet per year because there is no current mining. It is anticipated that initially Central will use approximately 25.79 acre-feet of the 100 acre-feet of historical consumptive use attributable to the share to replace out-of-priority depletion attributable to the mining operation at the Giesert Pit. Any remainder of the 100 acre-feet which is not required for replacement for depletions associated with the Giesert Pit ("Remainder Water") may be used by Central for its own purposes, except that the 1 share of Lupton Bottoms is also dedicated to the augmentation of the Hokestra Pit and Koenig Pit which are the subject of Intergovernmental Agreements between the parties. Weld County shall annually measure the surface acres of the Giesert Pit for which replacement water is required, determine the acres irrigated for reclamation, determine the tons of material exported, record the amount of water used for gravel washing and dust suppression and shall submit such measurements to Central. Based on such measurements, Central shall provide replacement of depletion caused thereby from the Remainder Water . In no event shall the total replacement made by Central exceed the amount of water delivered by and available from the 1 share of the Lupton Bottoms Ditch Company in any water year. The share has no historical consumptive use in the months of November through March. Central will use its existing supplies, subject to prior commitments, to provide replacement water needed for out-of-priority depletions in those months but Central does not guarantee the availability of such water or the approval of the State Engineer. Should Central determine it cannot provide such replacement water, or should the State Engineer not approve the available supplies, Central will notify Weld County and either party may terminate this Agreement forthwith upon notice to the other party. A map setting forth a graphic representation of the location of the Giesert Pit is attached hereto as Exhibit 3 and is made a part hereof. 5. Weld County shall pay all assessments onthe 1 share of the Lupton Bottoms Ditch Company while the Agreement is in effect and shall have the right to vote the share. 6. In the event that thel share of the Lupton Bottoms Ditch Company is not sufficient to fully replace depletions attributable to the Giesert Pit as required by law, Weld County shall F:\KIM\CCWC\WELD\AGREE2 2 9201.72 make additional water or water rights available to Central, from a source acceptable to Central, to the extent necessary to replace such depletions or this agreement may be terminated by either party upon 30 day written notice. 7. It is understood by Weld County that Central is a party to litigation challenging the constitutionality, effect and validity of Senate Bill 90-120. The parties agree that nothing herein shall be taken as an admission, or statement of position contrary to or in degradation of any position taken by Central in any litigation. Nothing in this Agreement shall be taken as an admission by Weld County that Senate Bill 90-120 is unlawful. If Senate Bill 90-120, or portions thereof, are determined unconstitutional, then Weld County agrees to make replacement as required by law and shall provide any additional water necessary for such replacement. 8. Central shall not raise any objection to the mining or reclamation of the property so long as the same is conducted in accordance with the provisions hereof and the approved mining and reclamation plans. 9. This Intergovernmental Agreement may be enforced by either the Weld County or Central by seeking any appropriate equitable or legal remedies, including injunctive relief, specific performance, and damages. In the event that litigation is commenced to obtain such enforcement, and Central prevails, Weld County and/or its successors and assigns agree to pay for any reasonable attorneys fees and court costs expended by Central in obtaining such enforcement. However, if Weld County prevails, Central shall pay all reasonable attorneys fees and court costs expended by Weld County. 10. Subject to the provisions regarding termination in paragraphs 4 and 6, above, the term of this Agreement shall be until December 31, 1992 and shall be automatically extended for one year periods thereafter unless terminated upon written notice given 30 days in advance of the end of the one year period then in existence. 11. Weld County is hereby granted by Central a first right of refusal to purchase 13 acre-feet of storage space in the Neeland Siebring Reservoir (Herbst Pit) adjudicated in 88-CW- 127. Central shall notify Weld County of the terms and conditions upon which it intends to sell storage space in the Siebring Reservoir and Weld County shall have thirty days in which to meet the terms and conditions for purchase of the storage space. If Weld County and Central do not enter a written contract for sale of the storage space within thirty days from written notification to Weld County the first right of refusal shall be deemed terminated. Furthermore, it is explicitly understood by the parties that the right to purchase 13 acre-feet of storage space does not include any water rights. 12. This Agreement represents the complete agreement of the parties hereto, and no oral modifications shall be recognized. Any amendments or additions must be made in writing and signed by the parties to be effective. 13. This Agreement is binding upon the parties, their successors and assigns. F:\IQMICCWCIWELDWCREE2 3 920172 14. This Agreement represents the complete agreement of the parties hereto, and no oral modifications shall be recognized. Any amendments or additions must be made in writing and signed by the parties to be effective. GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT j54 7%, %,i// Robert W. Walker, President ATTEST: (seal) II h V. CeJ Secretary WELD COUNTY By ha, man, Board of ounty Commissioners`` AT I EST: L&Ek4OARD BY: \a 1^�> ��; i t 1 -\/-)6 )/ < . DEPUTY CLEi ( TO THE BOARD F:\KIM\CCWC\WELD\AOREE2 4 920172 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT, made and entered into this 6. ay of Fe-A , , 1992 by and between Weld County by and through its Board of County Commissioners hereinafter referred to as "Weld County," and the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, hereinafter referred to as "Central," pursuant to §29-1-203, C.R.S., §37-45-101, et seq. C.R.S., §30-11-101, et seq. C.R.S., and Article II, §2-3, Weld County Home Rule Charter. WITNESSETH: WHEREAS, Weld County owns property described on Exhibit 1, attached hereto and made a part hereof, hereinafter referred to as "the property," and has obtained from the Colorado Mined Land Reclamation Board a Mining Permit, to conduct sand and gravel operations on the property at the location of what is commonly referred to as the Koenig Pit; and WHEREAS, the mining operations have an impact on the historical surface and ground water patterns in the area and excavation of the Koenig Pit results in additional evaporation which will adversely affect Central unless augmented; and WHEREAS, Central has no objection to Weld County's mining operations and reclamation if the concerns expressed above are addressed and the interests of Central are satisfactorily protected. NOW, THEREFORE, in consideration of the premises and the mutual promises and covenants of the parties hereto, IT IS AGREED AS FOLLOWS: AUGMENTATION 1. Weld County shall conduct its mining operations on the property in accordance with the mining and reclamation plan as finally approved by the Colorado Mined Land Reclamation Board. 2. Weld County will file an application for water rights, including storage rights, claiming that it has made an appropriation of water, and will file an application for a well permit, for any uses other than evaporation, gravel washing, dust suppression, water retained in material and reclamation made upon the property using water from the Hokestra Pit. All other uses must be augmented in time, location and amount to replace any out-of-priority depletions so as to prevent injury to vested water rights. 3. Weld County has constructed the Koenig Pit pursuant to the approved Mining and Reclamation Plan in a good and workmanlike manner and will equip the Koenig Pit with such structures as are required by law. F:\KIM\CCWC\WELD\AGREE3 1 4. Weld County owns 1 share of the Lutpon Bottoms Ditch Company. For purposes of this Agreement, it is assumed that the historical consumptive use attributable to the share is 100 acre-feet . Weld County will, and does hereby, for the term of this Agreement and any extensions thereto, assign the use of said share to Central free of any cost, and Central shall administer the share to augment the South Platte River in accordance with the gravel pit augmentation policy of Central and in accordance with the terms of the Petition for Class D Non-irrigation water Allotment contract attached hereto as Exhibit 2 and made a part hereof, to replace depletion resulting from the Koenig Pit, except Central shall have no obligation to file or obtain a well permit or Court approved augmentation plan. The share will be administered by Central under Central's existing substitute supply plan. For purposes of this Agreement it is assumed that the Koenig Pit results in an annual evaporative depletion of approximately 2.32 acre-feet of water for each surface acre of water exposed. Since 1981 Weld County has exposed 13.5 surface acres of water in the Koenig Pit. Water will be used in the mining operation for reclamation, gravel washing, dust suppression and by exporting the gravel from the site. The consumptive use for reclamation shall be assumed to be 2.0 acre feet per acre irrigated. The consumptive use for the remaining uses shall be assumed to be 1.0 acre feet per year. It is anticipated that initially Central will use approximately 32.32 acre-feet of the 100 acre-feet of historical consumptive use attributable to the share to replace out-of-priority depletion attributable to the mining operation at the Koenig Pit. Any remainder of the 100 acre-feet which is not required for replacement for depletions associated with the Koenig Pit ("Remainder Water") may be used by Central for its own purposes, except that the 1 share of Lupton Bottoms is also dedicated to the augmentation of the Giesert Pit and Hokestra Pit which are the subject of Intergovernmental Agreements between the parties. Weld County shall annually measure the surface acres of the Koenig Pit for which replacement water is required, determine the acres irrigated for reclamation, determine the tons of material exported, record the amount of water used for gravel washing and dust suppression and shall submit such measurements to Central. Based on such measurements, Central shall provide replacement of depletion caused thereby from the Remainder Water . In no event shall the total replacement made by Central exceed the amount of water delivered by and available from the 1 share of the Lupton Bottoms Ditch Company in any water year. The share has no historical consumptive use in the months of November through March. Central will use its existing supplies, subject to prior commitments, to provide replacement water needed for out-of-priority depletions in those months but Central does not guarantee the availability of such water or the approval of the State Engineer. Should Central determine it cannot provide such replacement water, or should the State Engineer not approve the available supplies, Central will notify Weld County and either party may terminate this Agreement forthwith upon notice to the other party. A map setting forth a graphic representation of the location of the Koenig Pit is attached hereto as Exhibit 3 and is made a part hereof. 5. Weld County shall pay all assessments on the 1 share of the Lupton Bottoms Ditch Company while the Agreement is in effect and shall have the right to vote the share. 6. In the event that the 1 share of the Lupton Bottoms Ditch Company is not sufficient to fully replace depletions attributable to the Koenig Pit as required by law, Weld County shall F:WM\CCWC\WELDWOREE3 2 make additional water or water rights available to Central, from a source acceptable to Central, to the extent necessary to replace such depletions or this agreement may be terminated by either party upon 30 day written notice. 7. It is understood by Weld County that Central is a party to litigation challenging the constitutionality, effect and validity of Senate Bill 90-120. The parties agree that nothing herein shall be taken as an admission, or statement of position contrary to or in degradation of any position taken by Central in any litigation. Nothing in this Agreement shall be taken as an admission by Weld County that Senate Bill 90-120 is unlawful. If Senate Bill 90-120, or portions thereof, are determined unconstitutional, then Weld County agrees to make replacement as required by law and shall provide any additional water necessary for such replacement. 8. Central shall not raise any objection to the mining or reclamation of the property so long as the same is conducted in accordance with the provisions hereof and the approved mining and reclamation plans. 9. This Intergovernmental Agreement may be enforced by either the Weld County or Central by seeking any appropriate equitable or legal remedies, including injunctive relief, specific performance, and damages. In the event that litigation is commenced to obtain such enforcement, and Central prevails, Weld County and/or its successors and assigns agree to pay for any reasonable attorneys fees and court costs expended by Central in obtaining such enforcement. However, if Weld County prevails, Central shall pay all reasonable attorneys fees and court costs expended by Weld County. 10. Subject to the provisions regarding termination in paragraphs 4 and 6, above, the term of this Agreement shall be until December 31, 1992 and shall be automatically extended for one year periods thereafter unless terminated upon written notice given 30 days in advance of the end of the one year period then in existence. OPTION 11. Central is hereby granted by Weld County an option to acquire the land/fee title upon which the Koenig Pit is located, specifically described in the legal description attached hereto as Exhibit B along with one share of Lupton Bottoms Ditch and all mineral rights. The consideration for the transfer of the land, water rights and mineral rights shall be the assumption by Central of Weld County's obligation to augment out-of-priority depletions from the Koenig Pit. 12. Central may exercise its option by written notification to Weld County at any time. The option described herein, however, shall terminate ten years after the date of the execution of this agreement. 13. Upon written notification of the exercise of the option by Central, Weld County shall convey by warranty deed the land, water rights and mineral rights free and clear of all F:\ICIM\CCWC\WELDWGREE3 3 liens, encumbrances, assessments and leases of any kind. The parties shall sign and convey any other documents necessary for the completion of the option and conveyance. 14. Weld County shall secure and transfer to Central easements across the properties between the property described on Exhibit B and the South Platte River of sufficient size such that Central can convey to and from the Koenig Pit water from the South Platte River for storage and release from storage. The size, description and nature of the easements shall be subject to approval by Central. 15. Title shall be merchantable in the Weld County for the land, mineral rights and water rights. Weld County shall provide a copy of the stock certificate for the share upon execution of this Agreement. Subject to payment as above provided, and in compliance with the other terms and conditions by Central, Weld County shall execute and deliver assignments of water stock conveying free and clear title to the Central at closing. Weld County shall take all actions necessary to transfer the stock to Central. Any transfer fee shall be paid by Weld County. Weld County shall also execute a special warranty deed to Central conveying the water stock. Weld County warrants that title to the land, mineral rights, water rights and water stock will be conveyed free and clear of all liens, encumbrances, assessments and leases of any kind. All assessments due, or made by the company prior to the date of closing, shall be paid by Weld County. Weld County will provide a title commitment to the land and minerals 30 days prior to closing and will pay the cost of title insurance. 16. The Koenig Pit had not yet been completely mined by the Weld County and Weld County shall retain the right to mine and remove sand and gravel. Weld County agrees that it will complete mining of the Koenig Pit, so that the space is available for storage of water by Central, within fifteen years from the exercise of the option by Central. In the event Weld County is unable to completely excavate the Koenig Pit within the fifteen years, it may obtain a five year extension by written notice to Central before the expiration of the fifteen years. Weld County shall be entitled to a total of three such five-year extensions. If Weld County does not excavate the pit fully within the fifteen years or any extensions taken by Weld County, Central shall have the right to pursue any remedies available to it by law. 17. Closing shall be at the office of Central's attorney, 1011 11th Avenue, Greeley, Colorado no later than ninety (90) days after exercise of the option by Central. 18. The representations, warranties and indemnities made by the parties to this Agreement and the covenants and agreements to performed or complied with by the respective parties under this Agreement before the closoing date shall be deemed to be continuing and shall survive the closing. 19. The parties will cooperate with each other and execute and deliver such other instruments and take such other steps as may be necessary to effectuate all the provisions of this Agreement. F:\KIM\CCWC\WELD\AGREE3 4 FIRST RIGHT OF REFUSAL 20. Weld County grants to Central a first right of refusal to purchase from Weld County all water rights owned by Weld County which are not transferred herein. 21. Weld County shall notify Central of the terms and conditions upon which it intends to sell its water rights and Central shall have sixty days in which to meet the terms and conditions for purchase of the same. If Weld County and Central do not enter a written contract for sale of the water rights within sixty days from written notification to Central the first right of refusal shall be deemed terminated as to the offered water rights . 22. This Agreement represents the complete agreement of the parties hereto, and no oral modifications shall be recognized. Any amendments or additions must be made in writing and signed by the parties to be effective. 23. This Agreement is binding upon the parties, their successors and assigns. 24. This Agreement represents the complete agreement of the parties hereto, and no oral modifications shall be recognized. Any amendments or additions must be made in writing and signed by the parties to be effective. GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT Robert W. Walker, President ATTEST: (seal) --1/14914440 V 62-i Secretary WELD COUNTY B Chairman,. ffiard of ounty Comm ATTEST: �1 get F:1KIM\CCWC\WELDWGREEi 5 ,,�„y�J... WELD C,CN ! CLE„n TO THE BOARD `YI 4 G r BY: _)1%C +Lt.k h_ DEPUTY CLERK TO THE BOARD Exhibit 1 All of Lot 7, in the South One-half of the Southwest Quarter (S34SWMM) , Section 18 , Township 2 North, Range 66 West ; and lots 7 and 8 in the South One-half of the Southeast Quarter (S34SEMM) of Section 13 , Township 2 North, Range 67 West ; and lot 5 in the Northwest Quarter of the Southwest Quarter (NW34SW%) , Section 18 , Township 2 North, Range 66 West and 3 . 04 acres in the Southwest Quarter of the Southeast Quarter (SWWSE'A) , Section 13 , Township 2 North, Range 67 West ; all of which are located within the 6th P.M. , Weld County, Colorado. 1C0ENIG I'll - • PETITION FOR CLASS D NON-IRRIGATION WATER ALLOTMENT CONTRACT FROM THE GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT Petitioner,hereinafter named,hereby petitions the Ground Water Management Subdistrict al the Central Colorado Water Conservancy District,a political subdivi' Sion of the Slate of Colorado,organized and existing by virtue of C.R.S.1973,Section 37.45.101,el.seq., for a Class D Non-Irrigation Water Allotment Contract for beneficial use of water under the following terms and conditions: 1. Name,address and telephone number of Petitioner:lalso supply address of local representative,if arty) Board of Count,CQmmissione_ of Weld County,__ColoradosP. 0. Box 7.5-$, Greeley,-_C0_ 8_0.632,_ 303)_356-!_044s-Lo Lee 1)._Morrison, Assistant County Attorney,_Extension 4391 . 2, Legal description of the lands where the wafer will be used and attached.(attach a copy of deed(s)for land and slate total acreage): }J}, SWI , Section 18, T'2N,_R66W; SI of the--SEi , ..Section. 13.,-'1'2N,_RG7W .of- the-6th--Y.M. , Weld_County, Colorado. 3. Ground water use. a.Type of ground water use:(domestic,livestock,commercial,industrial) InduStrlal b.Short description of ground water use Water loss from_ the pit will he due to evaporatiOn,_gravel extraction and dust control of haul roads. .99 AF water Jo--s annually due to dust _ control and gravel extraction with 12,000 tons .of gravel_.,removed annually. 4. Petitioner owns and/or uses on the above-described lands the following water rights:(attach a copy of decree(s)for well(s): Gravel Pit Location(Quarter, Pumping Well Permit Name or Number Quarter, Capacity Adjudication or Registration No., Decreed of Well Section, T.,R.) (g.p.m.) Case No. If any Use a.Stale the power source(s)used for ground water diversion(s):(electric,gasoline,diesel,natural gas) `4 b.Do your wells have totalizer flow meters Installed and operating? N/A , c.Slate whether an efficiency determination of your well(s)has been made,and if so state that efficiency for eact,vell. N/A 5. Ground water diversion and return flow acre-feet by months: See Attachment A. n. s.)$. Ground Water Diversion GroLpd Water Return Flow • Month --_Min. Average Max. Min. Average Max. Jan __� ---- Feb Mar Apr May • __— Jun Jul Aug Sep Oct -F\ Nov " Dec Total a.The above quantities were determined by:(state name,address,telephone number and date determined) Dave Jones, Tuttle Applegate Inc. , 11990 Grant St. , Ste. 410, Denver, CO 80233, 452-6611 - Determined Nov. 20, 1991 . b.Method of determination:(briefly describe and attach supplemental documents as necessary) See Attachment A. 6. It is understood and agreed that Petitioner will provide the Subdistrict with reports concerning ground water diversion and ground water return flow for each calendar year such as set out In Paragraph 5. 7. II is understood and agreed that Petitioner will,upon request by the Subdistrict and upon provision of the appropriate form,furnish to the Subdistrict records of his power consumption for each of his ground water diversion structures shown in Paragraph 4.a. ALL INFORMATION MUST BE PROVIDED OR THIS PETITION WILL NOT BE ACCEPTED FOR FILING. PETITIONER SHALL BEAR THE COST OF PROVIDING THE REQUESTED INFORMATION_ _ - 6. The initial amount of augmentation plan replacement water allotted for this use is 32.30 acre feet , and the initial annual special assessment will be$ at$ per acre-foot.The amount of water allotted,the initial assessment and assessment per acre-foot will change from year to year and Applicant will be notified of a change in special assessment by a yearly bill of assessment.It is understood and agreed by Petitioner that the quantity of augmentation plan replacement water to be allotted is to be determined by the Board on the basis of information given in Paragraphs 2 through 6 above. 9. II is understood and agreed that upon entry of an order granting said Petition,Petitioner shall be obligated under the terms of this Contract.Petitioner may,within 15 days of the receipt of this Contract or any annual bill of assessment,make an objection in writing to the Board of Directors of the Subdistrict staling in particular why the Contractor bill of assessment is incorrect.The Board of Directors may review the written objection and with or without hearing act upon the same and notify Petitioner. 10. Because the proposed augmentation plan will be based on information provided in Paragraphs 2 through 6,Petitioner agrees: a.To continue to use the water rights described in Paragraph 4 in the same manner and to the same extent as described in Paragraph 3 and 5,or b.To immediately notify the Board of Directors of the Subdistrict of any changes in the Information given in Paragraphs 2 through 6. 11. It is understood and agreed that failure to adhere to Paragraph 10 may result in the immediate termination of this contract by the Board of Directors.If your contract is so terminated you may petition the Board of Directors to bo heard on the nailer of the termination. 12. II is understood and agreed Mat arty replacement water allotted by the Board of Directors of the Subdistrict shall he for the purpose of permitting the use of well water for the use described above,provided,however,that all uses which receive benefit from the allotment shall be within the Ground Water Management Subdistrict of the Central Colorado Valet Conservancy District. PETITIONER MUST PROVIDE ALL INFORMATION REQUESTED OR THIS PETITION WILL NOT BE ACCEPTED FOR FILING.THE INFORMATION MUST BE CORRECT AND ACCURATE SINCE TILE SUBDISTRICT RELIES ON IT TO GRANT THE CONTRACT AND CANNOT BE RESPONSIBLE FOR INCORRECT OR INACCURATE INFORMATION, EXHIBIT 2 13. II is understood and agreed that the Board of Directors of the Subdistrict will attempt to obtain and maintain judicial or administrative approval of an ade- quate Plan of Augmentation,or other operating plan,in order to enable Petitioner to operate the well(s)described above In accordance with the rules and regulations of the State Engineer governing well pumping,and the laws of the State of Colorado.The Board of Directors of the Subdistrict do not guarantee that the Petitioner will have the continued and unrestricted use of well water.The Subdistrict will use its best efforts to obtain an operating plan,or Plan of Augmentation,In order to assist the Petitioner in the continued use of well water and will take such actions as deemed proper by the Board of Directors to promote or protect said plans. 14. Pursuant to Section 37-45-125(2)W,C.R.S.1973,the annual assessments herein shall become a tax lien upon the lands for which such water is petitioned and allocated.Upon termination of this Contract any unpaid assessments will remain a lien upon the land. 15. The term of this contract shall be for the calendar year beginning the January 1 after the signing of this contract or,in the alternative,the parties may elect to begin the term immediately upon execution in which event the contract shall expire at the end of the calendar year.The contract shall be automatically renewed each year,if timely payment is made,unless notice in writing is given by either party canceling the contract thirty(30)days prior to the end of the calendar year. 16. It is understood and agreed that the replacement water allotment is made for the exclusive benefit of the Petitioner's lands and may not be transferred to any land:::;;l _?lo5edescrarrawt:: :;rlor5cfut h ibed in approval of the Board of Directors of said Subdistrict.Petitioner Petitioner The foregoing instrument was acknowledged before me by the above signed this / day of _21g_d_re ---1°_,_±... WITNESS my hand and official seal. � L //� Notary Public {^� My Commission Expires: 14J a.__ -- ------ Street—114T 77 Cityj4Je.49;4 State et__Zip 5r2,4-17 ORDER FOR CLASS D NON-IRRIGATION WATER ALLOTMENT Due notice have been given and hearing had, II is ORDERED that the above petition be granted and Is hereby made a contract and an initial allotment of acre-feet of augmentation replacement water be made to the lands therein described upon the terms,and payable in the manner,as in said petition,the initial amount payable being an annual assessment of S .Failure to notify the Board of Directors of any material changes may result In the immediate termination of this �Jcontract. c DONE this (( _day of_ fe/G(/l//✓✓2 , 713 . - GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT By_�(/J/6v� L✓WQ��-- Pres dent ATTEST: (Seal) 1� D � Lr Secretary ' • • J` • L7 r; G�„ s 4444 45227: TUTTLE APPLEGATE INC 106 PO4 DEC 17 '91 12;03 Print Date: 17-Dec-91 Tuttle Applegate, Inc. TABLE 1 Consultants for Land and Resource DeveLopment Attachment A WELD COUNTY KOENIG PIT *Annual Sales of Material = 12,000 Tons * *Moisture Content of Material 4 X * *Grose Lake Evaporation • 38.3 In/Yr. * (Annual Total) * *Annual Precipitation= 12.13 In/Yr. * *Vetlands Cons. Use= 30.5 In/Yr. * *****OPERATIONAL LOSSES***** ANNUAL DESCRIPTION JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL -- Sand and Gravel Sales Percent of Yearly Sales 2.40 3.20 4.00 6.00 8.00 12.00 18.00 20.00 16.00 4.00 3.20 3.20 100.00 Monthly Sales Volume 288 384 480 720 960 1,440 2,160 2,400 1,920 480 384 384 12,000 Moisture Loss In Materiel(ac-ft) 0.01 0.01 0.01 0.02 0.03 0.04 0.06 0.07 0.06 0.01 0.01 0.01 0.35 Dust Control (ac-ft) 0.00 0.00 0.00 0.00 0.05 0.08 0.13 0.15 0.18 0.05 0.00 0.00 0.64 TOTAL MONTHLY CONSUMPTION 0.01 0.01 0.01 0.02 0.08 0.12 0.19 0.22 0.24 0.06 0.01 0.01 0.99 *Total Lake Surface * 17.60 acres *Pre-1981 Ponds * 4.10 acres *Net Lake surface * 13.50 acres *Acreage for Historic * 0.00 acres Consumptive Use Credits * *****EVAPORATIVE LOSSES***** ANNUAL DESCRIPTION JAN FEB MAR APR MY JUN JUL AUG SEP OCT NOV DEC TOTAL Evaporation as % of Ann/et 2.90X 3.20X 4.50% 6.70% 9.00% 13.40% 15.90% 15.20% 12.10%. 8.30% 5.40% 3.40% 100.00% Gross Lake Evaporation (ft.) 0.09 0.10 0.14 0.21 0.29 0.43 0.51 0.49 0.39 0.26 0.17 0.11 3.19 Precipitation (in.) 0.28 0.23 0.76 1.42 2.36 1.71 1.32 1.27 1.09 0.90 0.46 0.33 12.13 Effective Precipitation (ft.) 0.02 0.01 0.04 0.08 0.14 0.10 0.08 0.07 0.06 0.05 0.03 0.02 0.71 Net Lake Evaporation (ft) 0.00 0.00 0.10 0.13 0.15 0.33 0.43 0.41 0.32 0.21 0.15 0.09 2.32 Credit for Historic Cons. Use (ft) 0.00 0.00 0.00 0.21 0.28 0.42 0.50 0.48 0.38 0.26 0.00 0.00 2.54 Net Historic Cons. Use (ft) 0.00 0.00 0.00 0.13 0.15 0.32 0.42 0.40 0.32 0.21 0.00 0.00 1.95 TOTAL LAKE EVAPORATION (ac-ft) 0.00 0.00 1.34 1.77 2.02 4.43 5.81 5.55 4.36 2.87 1.96 1.21 31.31 CONSUMPTIVE USE CREDITS (ac-ft) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 INET EVAPORATION fat-ft) 0.00 0.00 1.34 1.77 2.02 4.43 5.81 5.55 4.36 2.87 1.96 1.21 31.31 'TOTAL WATER LOSSES (AC-FT) 0.01 0.01 1.35 1.79 2.10 4.55 6.00 5.77 4.59 2.93 1.98 1.22 32.30 DEC 17 ' 91 11 : 04 4522759 PRGE . 004 <J PETITION FOR INCLUSION OF LANDS IN THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT AND THE GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT TO: THE BOARD OF DIRECTORS OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT AND THE GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT 1. The undersigned owner(s) of lands located in the County(ies) of Weld , State of Colorado, hereby Petition that the lands hereinafter described be included in the Central Colorado Water Conservancy District and the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District. 2. The legal description of the lands to be included is as follows and a Deed for the described land is attached hereto: See attached. 3. A description of the wells owned by the undersigned and located on the included property is as follows: A. NAME OF STRUCTURE: Koenig Pit B. REGISTRATION OR PERMIT NUMBER: Permit applied for C. ADJUDICATION CASE NUMBER: (Attach copy of Well Decree) N/A D. CAPACITY: 1300 a£ future capacity; 27 af current capacity E. LOCATION (11, Sec. Twp. & Rge.) : S 1/2 of SE 1/4 Section 13 , T2N, R67W of 6th PM, Weld County F. NUMBER OF ACRES IRRIGATED: 13 . 5 acres exposed surface G. NAME AND ADDRESS OF PETITIONER(S) (Please print) : Weld County Board of County Commissioners P.O. Box 758 Greeley, CO 80632 DATED this / --� day of 1L/ , 19`1,1-'-'. i ,./ Pe4 itioner(s1signa ure k.-1- ,��,—, Petitioner(s) signature ACKNOWLEDGMENTS STATE OF COLORADO ) ss. COUNTY OF ) • 4 The foregoing instrument was acknowledged before me this 9 ---day of P _ , 19 el a, by __A , .z. AL.,,,..--,0-A., ; I\ WITNESS my hand and Official Seal.My Commission expires: (c. - '- 1/- eft_ 4 (ti-%.1).1 ,-//-/-x-- C,--/..:: :., ,...-c- N tary Public __ STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 , by WITNESS my hand and Official Seal. My Commission expires: Notary Public f 1 t • EXHIBIT "A" All that Part of Lot 7 of the South Half (Si ) of the Southwest Quarter (SW}) of Section 18 , Township 2 North, Range 66 West of the 6th P.M. , according to Division 1 map made by The Lupton Meadows Land Company, lying west of the South Platte River, including all gravel or aggregates, but excluding and reserving to said party of the first part, one-half of all oil, gas , and other hydrocarbons . 880788 o RESOLUTION RE: APPROVE CONTRACT TO BUY AND SELL REAL ESTATE AND AUTHORIZE CHAIRMAN TO SIGN NECESSARY DOCUMENTS WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Board has been presented with a Contract to Buy and Sell Real Estate concerning the following described property, to-wit: That part of Lot 7 , Section 18 , Township 2 North , Range 66 West of the 6th P.M. , Weld County, Colorado, lying west of the Platte River in Division 1 , Lupton Meadows Subdivision WHEREAS , said property was previously declared as surplus property by the Board , and WHEREAS , the Contract provides for the sale of said property to Darrell L. and Nelva M. Bearson with the terms and conditions being as stated in the Contract, and WHEREAS , after review, the Board deems it advisable to approve said Contract, a copy being attached hereto and incorporated herein by reference. NOW, THEREFORE , BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado , that the above described Contract to Buy and Sell Real Estate with Darrell L. and Nelva M. Bearson be , and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be , and hereby is , authorized to sign all necessary documents pertaining tc said sale. 880786 • f` Page 2 RE: CONTRACT - BEARSON ' The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 3rd day of August, A.D. , 1988 . �,� l�';c. .ra, ct<A4 BOARD OF COUNTY COMMISSIONERS ATTEST: a WEL COUNTY, COLORADO Weld County Clerk and Recorder /C and Clerk to the Board ene R. Branfner, Chairman � e } << ,c mi C.W. Kirby, P ..-Tem eputy Count Clerk mss \ .►t _% %t% t. APPROVED AS TO FORM: a.que/��, _ J �C (-? / / / Goir Y y a y- , �G=__. • - z7-_ > //. ;`r, , -7County Attorney Frank Yamaguchi 880786 LIND, LAWRENCE & OTTENHO)~'F AIIURNEYS AT LAW I MAR 1 8 1993 f1 THE LAW BUILDING 1011 ELEVENTH AVENUE ..;;ELrJ COUNTY P.O.BOX 326 GREELEY,COLORADO 80632 AFTC-RN EY'S OFFICE GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND (303)353-2323 KIM R LAWRENCE March 17, 1993 (303)356-9160 TELECOPIPR (303)356-1111 Mr. Lee Morrison Assistant County Attorney P.O. Box 1948 Greeley, Colorado 80632 Re: CCWCD/Weld County Agreements/Koenig Pit and Giesert Pit Dear Lee: Please find enclosed the Intergovernmental Agreements for the above pits, both dated February 26, 1992 which have been executed and contain all attachments. Central has retained a set of originals also. With respect to the Koenig Pit Agreement please be advised that I found an error in ¶14, page 4. The exhibit referenced as Exhibit "1" was referenced as Exhibit "B." The page was reprinted with the correct number. This should conclude the matters with respect to these pits and we will wait for you to proceed on the third pit. Sincerely, LIND, LAWRENCE," & OTTENHOFF (a �, x_____ Kim R. Lawrence KRL/jeh Enclosures xc: Tom Cech (w/o enc) F:\KIM\CC WC\WELD\MORRIS3.LTR OC 0,93a gaol7a-- Recorded at o'clock M., Reception No. _-- Recorder. RECORDER'S STAMP TIIIS DEED, Made this 2nd (lay of August • 19 88 , between County of Weld, a body politic and corporate of the State of Colorado, by and through the Board of County Commissioners of Weld County of the County of Weld and State of Colo- rado, of the first part, and Darrell L. Bearson and Nelva M. Bearson whose legal address is 10501 Weld County Road 251, Fort Iupton, Colorado 80621 of the County of Weld and State of Colorado,of the second • part; WITNESSETH,That the said party of the first part, for and in consideration of the sum of THIRTY THOUSAND AND NO/HUNDREDTHS Dollars, to the said party of the first part, in hand paid by the said part ies of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and con- veyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, all the following described lot or parcel of land,situate, lying and being in the County of Weld and State of Colorado,to wit: See attached Exhibit "A". Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for itself its heirs, executors and administrators,does covenant,grant, bargain and agree to and with the said part ies of the • second part, theirheirs and assigns, the above bargained premises in the quiet and peaceable possession of said parties of the second part, theirheirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said party of the first part to WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said party of the first part has hereunto set its hand and seal the day and year first above written. ATTEST: COUNTY OF WELD, A BODY POLITIC AND CORPORATE OF THE STATE OF COLORADO, ng)111lialtitliliicKitilattMYtYd<InitilitXX BY AND THROUGH THE BOARD OF_[SEAL] Coun C e k and Recorder and COUNTY COMMISSIONERS OF WELD C I ie rd _ • ITYLSEALJ : 'C1�L � SEAL] STATE OF COL ADO, Gene R. Brantner, Chairman ss. County of (.J -c0 A The foregoing instrument was acknowledged before me this 3�' day of 19 irsLe ,by My commission expires ,19 .Witness my hand and official seal. My Commission Expires June 8, 1990 Notary Public. q 15 880786 egt SEARS: .& ASSOCIATES •—ao printed portions of this form approved REAL ESTATE by the Colorado Real Estate Commission �• (SC 24-2-81) ee]/45r-1Yee 303/a2a-0432 - eesrokan9t uo 01 5515 AVENUE—FOR;WIWI..C04.0.00 O0 MOO? FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (Seller's remedy limited to Liquidated Damages) THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL.TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. June 9th 88 1.The undersigned agent hereby acknowledges having received from Darrell L. Bo.a rson and . IB Nelva M. Bea rson the sum of$ 1 ,000.00 ,in the form of check to be held by J.L. Sears and Associates broker,in broker's escrow or trustee account-as earnest money and part payment for the following described real estate in the County of We 1 d Colorado to wit: That part of Lot 7, Section 18, T2N, R66W lying West of the Platte River in Division 1 , Lupton Meadows Subdivision, EXCEPT AND RESERVING to Sellers one half of all oil, gas and other Hydrocarbons. All gravel, sand and aggregates shall belong to Buyers. This transfer is subject to all previous reservations and subject to all leases of record. together with all easements and rights of way appurtenant thereto,and all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided, in their resent condition,ordinary wear and tear excepted,known as No. Vacant groun on Road 2d Morn Addre..,cuy.Zip) .and hereinafter called the Property. 2. Subject to the provisions of paragraph 19.the undersigned person(s) Darrell L. flea rson and Nelva M. Bears on (as joint tenants/tenants in common),hereinafter called Purchaser,hereby agrees to buy the Property,and the undersigned owner(s),hereinafter called Seller,hereby agrees to sell the Property upon the terms and conditions stated herein. 3.The purchase price shall be U.S.$ 10,000.00 payable as follows: $ j .000.00 and $29,000.00 cash plus normal closing cost at closing, hereby receipted for; 4.Price to Include the following personal property: none to be convoyed by bill of sale at time of closing in their present condition.free and clear of all personal property taxes,liens and encumbrances.except: none and except any personal property liens in any encumbrance specified in paragraph 12.The following fixtures of a permanent nature are excluded from this sale: none 5. Price to include the following water rights- 0.If a new loan is to be obtained by Purchaser from a third party.Purchaser agrees to promptly and diligently(a)apply for such loan.(b)execute all documents and furnish all inforjIV tjon and documents required by the lender,and(c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or before /A . I9 .or if so approved but is not available at time of cloning.this contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser. 7.If a note and trust deed or mortgage is to be assumed.Purchaser agrees to apply foralosn assumption if required and agrees to pay(1)a loan transfer fee not to exceed$ N/A and(2)an interest rate not to exceed N/A '7 per annum.If the loan to be as- sumed has provisions for a shared equity of variable interest rates or variable payments,this contract Is conditioned upon the Purchaser reviewing and consenting to such provisions.If the lender's consent to a loan assumption is required•this contract is conditioned upon obtaining such consent without change in the terms and conditions of such loan except as herein provided. 9.If a note is to be made payable to Seller as partial or full payment of the purchase price.this contract shall not be assignable by Purchaser without written consent of Seller. 9.Cost of any appraisal for loan purposes to be obtained after this date shall be paid by Pu rc h(1 se r 10.An abstract of title to the Property,certified to date,or a current committment for title insurance policy in an amount equal to the purchase price,at Seller's option and expense.shall be furnished to Purchaser on or before Jut), 15i Ii , 19 . If Seller elects to fur- n ish said title insurance committment.Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon. 11.The date of closing shall be the date for delivery of deed as provided in paragraph 12.The hour and place of closing shall be as designated by J.L. Sears and Associates, Inc. 12,Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 13 and(4.Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof.Seller shall execute and deliver a good and sufficient general warranty deed to Purchaser on August 15th at art earlier date,conveying the Property free and clear of all taxes,except the general taxes for the year of closing, mutual agreement, and except None free and clear of all liens for special Improvements In- stalled as of the date of Purchaser's Signature hereon,whether assessed or not;free and clear of all liens and encumbrances except none ' • except the following restrictive covenants which do not contain a right of reverter: none • and except the following specific recorded and/or apparent easements: Those now existing pQ`>,rypC . 13.E)tcept as stated In paragraphs 12 and 14.if is not merchantable and written notice of defect(s) yen by Purchaser or Purchaser's agent to Seller orSeller'e agent on or before date of closing,seller shall use reasonable effort to correct said defects_,prior to date of closing.If SelIetis unable to correct sold defoct(s)on or before date of closing,at Seller's option and upon written notice toPurchasor or Purchaser's agent on or before date ofcloeing, thedate of closing shall be extended thirty days for the purpose of correcting Bald defect(s).Except as stated in paragraph I4,If title is not rendered mer- chantable as provided in this paragraph 13,at Purchaser's option,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 14.Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source.Provided, however,at the option of either party,if the total indebtedness secured by Benson the Property exceeds the purchase price,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be re- turned to Purchaser. 15.General taxes for the year of closing,based on the most recent levy and the most recent assessment,prepaid rents,water rents.sewer rents.FHA mortgage insurance premium and interest on encumbrances.if any.and RS211P • shall be apportioned to date of delivery of deed.Purchaser shall he responsible for any sales and use tax that may accrue because of this transaction. 16.With respect to the growing crops Seller and Purchaser agree as follows: none • to.possession of the Property shall be delivered to Purchaser on i i Nt I CPI-I I p Eno TI I- 1IId do):_bLP ry Of 0op rl subject to the following leases or tenancies: none If Seller fails to deliver possession on the date herein specified.Seller shall be subject to eviction and shall be liable for a daily rental of $ —O— until possession is delivered. IS.The risk of loss from any damage to the improvements by fire orothercasualty prior to the date of closing shall boon Seller;provided,however.that if Seller shall maintain insurance on said improvements which will compensate for the full replacement value thereof,and if Purchaser elects to carry out this contract despite such damage.Purchaser shall be entitled to all such insurance proceeds.The risk of loss for any damage to growingerops.by fire or other casualty.shall be borne by the party entitled to said crops as provided in paragraph 16.and such party shall be entitled to the insurance proceeds, if any. It Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment due hereunder is not paid.honored or tendered when clue,or if any other obligation hereunder is not performed as herein provided,there shall be the following remedies: (a)IF PURCIIASER IS IN DEFAULT,then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on be- half of Seller and both parties shall thereafter be released from all obligations hereunder.It Is agreed that such payments and things of value are LIQUI- ' DATED DAMAGES and are(except as provided In subparagraph(c))theSELLER-S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this contract.Seller expressly watves the remedies of specific performance and additional damages. (b)IF SELLER IS IN DEFAULT,(1)Purchaser mayelecttotreat this contract as terminated.In which cancel'payments and thingsof value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper,or(2)Purchaser may elect to treatthis contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages,or both. (c)Anything to the contrary herein notwithstanding,in the event of any litigation arising out of this contract,the court may award to the prevailing party all reasonable costs and expense, including attorneys' fees. 2U.Purchaser and Seller agree that in the event of any controversy regarding the earnest money or things of value held by broker.unless satisfactory mutual written instruction is received by broker,broker shall not be required to take any action but may await any proceeding,or at broker's option and discretion, may interplead any moneys or things of value into the court and may recover court costs and reasonable attorneys' fees. 21. Additional provisions: 22. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before Jn 1 Y IS t • 19 88 ,this instrument shall become a contract between Seller and Purchaser and shall inure to the benefit of the heirs,successors and assigns of such parties,except as stated in paragraph 8. ' �J-w1-4-44 18.4.....--��^ 6-/G —BY Broker J.L. Sears and Associates, Inc. Purchaser Date • ////�)) , /////_]�'' ®rJ By Y ,4_,J,V `�^/ r .i[.t-*�/4L A., Purchaser Date Purchaser's Address (The following 7 section to be completed by Seller and Listing Agent) • 23.Seller accepts the above proposal this �4 h day of J (rte , 19 _ 'Eit, and agrees to pay a commission of Seven q,of the purchase price for services in this transaction,and agrees that,in the event of forfeiture of payments and things of of value received hereunder.ouch payments and things of value shall be divided between listingbrokerandSeller,one-half thereof to said broker,but not to exc e commission,and the balance to Seller. Seller Seller Seller's Address J Listing Broker's Name and Address L. Sears and Assoc laces , • . 140 Denver Avenue Fort Lupton, CO 80621 83®7x6 r UPDATE LEGAL FORMS v3O BOX 1815•GREELEY.COLORADO 806]2 66]80 ® v (SC 24-2-81) 7 `T #tA dti +N "trf1 ` J ' P Yr'' t b't < +'FF r" 1 J� ' t 1g; < ; rt'tre�atia�di ` �KYetn' e U .7 ilc - ;;;'0,„w ` t : �Y,. 4 `' ,xr 1,r tom. tt(ht r ' sr •0 v•.st,;•, 3'• r t .2.1:$4.`�� d�j ;:! , �r t,:',4 r;d;,111S,+ ce4+ t ,,t i,,A' ' k^� 4 jttt 4 }i" .' fM i r i i at.,,f„ �9j1 '%'f)1 tt•�eed d/ OCT 1973 "' ' K 1 986 n,,,,scan.•., R. . _ . w fig 6T t,; , I EXECUTOR'S-DEED j-' :t y titl o, THIS INDENTURE, Made this /O Tr/ day of October, A.D., 1973 1`1 ' i Y r ,] between JOSEPH F...'KOENIG, as Executor.of the Estate of JESS KOENIG, !41-4H-71144 { r Deceased, Party of the First Part, and THE COUNTY OF WELD, STATE ••••;;,,, l4 'J t*tf?. OF COLORADO, Party f r, of the Second Part, WITNESSETH: n, -. !nt`i WHEREAS, in the District Court of the County of Weld, in the State rr_ of Colorado, on the 29th day of January, A. D. , 1873, in the matter of the estate of Jess Koenig, Deceased, Letters Testamentary were issued to ;. `; 9 Joseph F. Koenig, Executor, with all powers accorded fiduciaries under .-1 "Colorado Fiduciaries' Powers Act" (Article 8, Chapter 57, C. R. S, 1963, L> I. o ' as amended), and said letters are in full force and effect as of the date s' I hereof; - t r `, NOW, THEREFORE, this Indenture witnesseth, that the said party r ' of the first part, in consideration of the premises, and the further consid- rrt eration of the sum of Seventy-Two Thousand Eight Hundred Eighty-Two and tik- 50/1o0ths Dollars (672,882. 50), to him in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, has sold and con- , ,,, veyed, and by these presents does sell and convey unto the said party of the ,tgf,I 'rit' , second part, their successors and assigns forever, all the right, title and it a, interest which the said Jess Koenig had in his lifetime and at the time of i ' t t.: V.;:'''11' his death in and to the following described lot or parcel of land, situate in . t' the County of Weld, State of Colorado, to-wit: le All that part of Lot Seven (7), In the South Half of the South- iiL. t. west Quarter (S}SW}) of Section Eighteen (18), Township 'r � Two (2) North, Range Sixty-six (86) West of the 6th P. M. , 3. , , lying South and West of the South Platte River, according l d a; to The Lupton Meadows Land Company Map of Division t# No. 1, recorded in Book 5 of Maps, ',Page 19, Weld County records • 1....i. ' and Lots Seven (7) and EC, gh} ,(8) In tha South Half ty ; of the Southeast Quarter (SjSE}) of Section Thirteen (13), tar,. Township Two (2) North, Range Slzty=seven (87) West of ..P.' f, the 6th P. M. , according to Division No. 1, Map made by 4;ttf,+nit- ;'', The Lupton Meadows Land Company; t`zn al '. -and- cwti { • 162; 86 i, r 3--2 '. i, i All that part of Lot Five (5) of the Northwest Quarter of the . 4 Southwest Quarter (NW}SW}) of Section. EI hteen (18) Town- ..ship Two (2) North of Range Sixt s B I ., 1P. M. , Sixty-six (88) West of the 8th r � according to Division No. 1 Map made by The Lupton ! Meadows Land Company, lying West of the South Platte `r' I River; y,,. ' 3 and- frill'. 1 • A strip of land 100 feet wide, containing 3, 04 acres, 'more ? '��i or less, being 50 feet wide on each side of the center line �llii .I of The Denver, Laramie and Northwestern Railway Company -r., ', ',. i (formerly a Wyoming , corporation), as originally located, �;, over, across and through the Southwest Quarter of the South- ' r ,� . east Quarter (SW}SE}) of Section Thirteen (13), Township `{,`Ii . Two (2) 1 North, Range Sixty-seven (87) West of the eth P. M. 1•. s said center line being more fully described as follows: ' ' Beginning at a point on the South line of said SW}SE} of said . { . Section 13, 660 feet, more or less, east of the southwest 1,4' corner of said SW}SE} of said Section 13; thence North 7° ;:•a1� , 58' West to a point on the North line of said SW}SE} of said '(4; ` Section 13, 465 feet, more or less, east-of the northwest corner of said SW}SE} of said Section 13; excepting 1. 7 acres, " more or less, as conveyed by Deed recorded in Book 1257, f:r ti Page 497, Weld County Records; )i'1 ,y; • Together with 88 shares of the capital stock of Lupton P, Meadows Ditch Company and one (1) adjudicated irrigation Ep well together with pump, motor, and any and all other water r:`c' ,4 rights rights or equipment used in connection with the operation of k' „ the property. g.' TO HAVE AND TO HOLD THE SAME, with all the appurtenances n . ti 1 thereunto belonging, or in anywise appertaining, to the proper use, benefit 1:,1 and behoof of the said party of the second part, their successors and assigns r t. forever, subject to 1973 taxes which first party agrees to pay in Nil; ,, } :1 - easements of record; oil and gad lease of record; and rights of tenant in ' 6, : .i TM A,6 ', possession. - " '' IN WITNESS WHEREOF, the said party of the first part, an Executor 4 ;; li i�fi, i of said estate as aforesaid, has hereunto set his hand and seal the day and �{'`s year first hereinabove written. k ti4i -� a. CAwC�i-/ // 1 j Y '/ Y C• ‘CI 0V/\ , �F) _'. 11 w'.•I Joseph F-0 Koenig, as Executor of the $am _ 1 Estate of Jess Koenig, Deceased. -y- r ', ' . \ \ j . . . . . . . m� ) 1 !s _9- i \ A • STATE OF COLORADO, , COUNTY OF WELD, ) , The foregoing instrument was wk=ze�; wea me this /On' t ©9 « oewm &k. &222 ) , by AE' Koenig, secwzemEEt « assxm% Deceased, ; 29 \\ \ maw �w�an .@a�: maa t 9g • • ° ikiV . .. , u�rt'\ I �9�.• y / / . , . , wary Dew; / \ ' ! \ . . / j . \ ... , : \ ; - j . \ \ . %/ « c . t \ /\\ !«» _ / 2\\} \ / \ \ \ \ \ / \ / \ . .: I H • \ "9Y38 1849 y;- -',..'1:1 : . 'i Out?CLAIM brimRr, 0.,,, N., ..1 an 188 - AIMI41. Rraoraar, •G5�4C/4,9f I y. "' s._ Cif hi' Err), Arnie dla 25th day of 1 - t "} April • I ', 1.,1 In the year of out Lord one thousand nine hundred Forty n ire between J"s53 19YE11If: r ! { ' of the County o, Weld ¢ ` Net, ,and the Stale of Colorado, of the 6 • . . Ant ry ,and LEE 'IRATA of the County of F Meld , and the Stale of Colorado, of the • ,3 , r part; WITN ESS F.TH, 71+at the uld part , the sum of Ten dollars and other y of the Ant part, for and In consideration of '� i xcorxl r conaldewntione 14f •1 where is her fiatAjtattcrix to the said part y of the re cei pt flirt in hand pale: by the mid part y of the second part, the re hereby confessed and aekfw)wledged, ha 9 remised, released, sold, conveyed and QUIT C-ATMED, and by these present, does 3 tj unto the sue! pearl of the remise, release, sell, tall and QUIT intoCLAIM t,S/� y he second part, !5 heirs and assi gnsdemand forever, all the right, title, intttnt, red estate situate, lying and being In the County of10EI D n and State of Colorado, town.a In and to the ft-glowing d.xrilry d 150 A strip of loud 5G font • l-le, 'seine 50 foot on tho west a: to of f the. center line of i^:o Denv•lr, In^able ant l:omt wnatern 9n' 1nny .:or any, ant C fe t east ' Ln rn^ie seal !low[hw.,yr y- °n ` no cr•[•,r line or nnt•f The f)•r••rnr, I �� nr9'1 n ocntoIfn! lara^ .;ver, . (formerly n a�•cnicp err- on) as nrtri nnl:n located , over, across seal trro'Ir'- Y.° 57; I of the 3':} or .ioct ion I.', :ownshlp 2 :forth, 'ionro 67 Aust or the I 6th Y. J: ' . , an cent T.," line belor nore nil )? 'lescrlhal es Collette: r Lerinnine eat a 'Joint on tto moth Hon or 591.1 Jn} or 5511 J'tcttn^_ 1( , CCD o° t"'r '! or corner o;' _u! 1 0:7 erect , "ore or 1nys, onnt of ;o•It-w es t o J.. or uo: t �n,:tl. on UT' : -e t0 a 'tout no n �.nt.ca .� . ^O, if 4C° fn •e , "Oro)t Or nor t•t lino o" set, JN} n' Jr., or 5n! J .lr Ie,1b , 'NIL t.' ear t'I t rt. [inn:.t ..nrre^ nn o:., o call Je.:C.on l7. n,. •'•7! n:' Lee n Jnrt:on Or '. 1.1 strip eat 1 oeat In..:rl Lo l In that car t aln doe- 1 recoried in . nnk :14, eat ;u,• e 4.1n, or [hi! r' .:orls in the of ri :o o'' { ' -a .1r^,t et. ; .to„ur ler of 'fn'. I :olunty , .;o]n- I , I M}, . 71 I • .To Have and To Hold the cline, together with all art v,tgu„I the al,.—.Rukn and priv. rlrgrs thereunto belonging ur in :tnywir thcrraoto aptrrt.;uing, acd all the r•rar, r,vht, title, in• j I crnl and claim whatsoever, of the ntid purl 'Jul Ihr find lurt, either in law Of ntuily, to the only L2 I proper use, benefit and be of thr rid part 7 lit the .nond part, hie heirs and .r'.igne turner. ri IN WITNESS WHEREOF, Thr cud tort 7 of the feat p.m hu 3 hereunto set l!a hard and seal the day and year find above written. .'.:.!I Signed in the Presence of •.,tr12.n./Y1 .71 [//� ..(Seal) .. . (Seal) I I. ._ .. ......... sass.. sass . (Se ) STATE OF COLORADO t The fare ry t ,COU V•I'1' OF WELD. }°e' guing in•trument w:u aeknnuierl before me L ,f -Ythis 25th day nprtl , A. D, 194 p, } )f•1••Ca94/Iy by Jess Konnlf • ' TA` \ ; f)7 1 , 'S s• Witness my !land and Official Seal, •. J�0 ‘t.C..:: My CarnmisJnn Expires 6-51. ` i 9(.4r r.C o' .w Notary PvNic. • .,1 I _ r1 1 , . J .. V S , ' • I 1 I• 7 ' I EXHIBIT P OWNERS OF RECORD OF AFFECTED LAND SUBSTANCE TO BE-MINEDTx Weld County, Colorado is the owner of both surface lands and sub- surface material to be mined. J :` 4 4 a I 1 gA STATE OF COLORADO MINED LAND RECLAMATION DIVISION V,LLD COLIii l I Y of cot Department of Natural Resources C"' �c%imp 1313 Sherman St., Room 215 c7 EN - I A 9: 25 N o o Denver,CO 80203 '`'�' t 303 866-3567 */Erie FAX: 303 832-8106 CLERK TO THE BOARD Roy Romer, Governor May 29 , 1992 Michael B Long, Division Director Weld County P 0 Box 758 Greeley, CO 80632 112 ANNUAL FEE INVOICE and REPORT REQUEST PLEASE READ CAREFULLY Your annual fee is NOT a renewal fee (it is for LAST year) , and is due and payable ON OR BEFORE your anniversary date , unless your reclamation bond is released in its entirety BEFORE that date . PLEASE NOTE: IF YOUR ANNUAL FEE , ANNUAL REPORT, AND MAP ARE NOT RECEIVED ON OR BEFORE YOUR ANNIVERSARY DATE , A FORMAL NOTICE OF VIOLATION, AND A BOARD ORDER TO PAY CIVIL PENALTIES IN THE AMOUNT EQUAL TO YOUR ANNUAL FEE OF $490.00 WILL BE AUTOMATICALLY ASSESSED. NO PERMITS FOR NEW MINING OPERATIONS SHALL BE GRANTED TO ANY OPERATOR WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN THIS STATE (C. R. S. 34-32-120) UNTIL THE VIOLATION IS ABATED. Division records indicate you owe $490.00. Permit No. : M-80-120 Operation Name : Koenig Pit* Anniversary Date: 08/28/92 Annual Fees for the Year( s) : 1992 Total : $490.00 (Due on your Anniversary Date) If your records indicate different facts than those stated above please notify Barbara Chiappone , at the Division office, as soon as possible. Please return the enclosed annual report FORM, a MAP , and CHECK or MONEY ORDER made payable to the Mined Land Reclamation Division, 1313 Sherman Street, Room 215 , Denver , Colorado 80203. Thank you . Enclosure Notice of Intent to Continue Mining Operations 112 Annual Report Permittee Name: Weld County Permit No: M-80-120 Operation Name : Koenig Pit* Anniversary Date : 08/28/92 Total : $490.00 (Due on your Anniversary Date) 1 . Has your mine been granted TEMPORARY CESSATION STATUS? YES NO Does your mine operate MORE or LESS than 180 days per year? MORE LESS 2a. Financial Warranty: $ 2b. Permitted acreage : 3. Do you have a phased reclamation plan? YES NO 4. Total acres affected during the report year: * 5. Total acres reclaimed for the report year: * 6. Total acres in various stages of reclamation : * a. Backfilled : d . Topsoil replaced : b. Graded: Average topsoil thickness c . Seeded : replaced : List species seeded & seeding rate for report year on back 7 . The type and approximate quantity of fertilizers , organic material or soil conditioners used for the report year: * 8. Estimated total acres to be affected in the next report year : * 9. COMMENTS: * Please show the location of the acreage for items 4 - 6 on your map** . Indicate the phases of the reclamation which have been completed , correlated with your timetable . ** NOTE: If there have not been any changes since the last annual report and you previously submitted a map which correctly depicts the current acreage in items 2 through 6, then a new map is unnecessary. However, you must state this fact above . Signature : Date : Please type or print current contact name , mailing address , and phone number below: Contact Name : Phone: ( Company: Address : Federal Tax ID No. or Social Security No. : Permit No.80-120 MINED LAND RECLAMATION BOARD Department of Natural Resources 1313 Sherman Street, Room 423 Telephone: 939-3567 Denver, Colorado 90203 DEVELOPMENT AND EXTRACTION MINING PERMIT THIS PERMIT is issued this 28th day of August, 1980 by the Mined Land Reclamation Board, Department of Natural Resources, State of Colorado. W I T N E S S I T_ H : WHEREAS, Weld County desires to conduct a(n) open pit mining operation, known as KEONIG PIT , for the purpose of extracting open pit mined sand & gravel; and , WHEREAS, on June 18 , 1980 , Weld County "FI'..ED" an application,a reclamation plan and map, and the required fee, as required by law; and WHEREAS, on August 28 , 1980 , the Mined Land Reclamation Board approved Weld County application and set bond; and • WHEREAS, on August 28, 1980 , the Mined Land Reclamation Board accepted surety submitted by Weld County and such date shall be considered the date of issuance of the permit and the anniversary date for all other purposes ; and WHEREAS, the Mined Land Reclamation Board has made a finding, for the purposes of issuing this permit, that: i) the application complies with the requirements of the Colorado Mined Land Reclamation Act and ail applicable local, state and Federal laws; and, 2) the operation will not adversely affect the stability of any significant, valuable, and permanent man-made structures located within two hundred feet of the affected land, except where there is an agreement between the operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the operator; and, 3) the proposed mining operations and reclamation can be carried out in conformance with the requirements of C.R.S. 1973, 34-32-116, as amended (1975 Sess. Laws H.B. 1065) ; and WHEREAS, for the purposes of issuing this permit, the operator has made a satisfactory showing to the Board chat he will employ during and after his open pit mining operations procedures reasonably designed to minimize_ as much as practicable the disruption from the open pit mining operations and will provide for the rehabilitation of the affectec Land through the rehab+' ' ^ of plant cover, soil stability, water resources, and other measures appropriate to the subsequent beneficial use of such mined and reclaimed lands; and that in the event of the failure of his proposed reclamation plan, he will take whatever measures which may be necessary im order to assure the success of reclamation of the lands -e-=r =d by his open pit mining operations; and, WHEREAS, for the purposes of issuing this permit, a copy of the application approved by the Mined Land Reclamation Board of the State of Colorado is attached to this permit and thereby becomes a part of the terms hereof. \OC, THEREFORE, pursuant co the authority set forth in the Colorado )Lined Land Reclamation Act, Article 32 of Title 34 , C.R.S. 1973, as amended, (1975 Sass. Laws H.B. 1065) the Mined Land Reclamation Board of the State of Colorado hereby issues a life of the mine permit to Weld County to --_in open pit mining for the purpose of extracting open pit mined sand & gravel on the following parcel of ground , to wit: All of lot 7, in the 51, SA, Section 18, T2N, R66W; and lots 7,8, in the S' , SE', Section 13, T2N,R67W; and lot 5 in the NWZ, SWZ, Section 18, T2N, R66W; and 3.04 acres in the SW1-4, SE4, Section 13, T2N, R67W; all of which are located within the 6th P.M. , Weld County, Colorado. NP -2- Permit No. 80-120 as indicated in Exhibit(s) A & C of the permit file, subject to the following special conditions : 1. During the course of mining operations, Weld County shall not allow the total disturbed acreage to exceed 79.46 acres, 2. Weld County agrees to be bound by all Rules and Regulations of the Mined Land Reclamation Board, and by all provisions o₹ the 1976 Mined Land Reclamation Act, in compliance with each and every provision thereof, as an express condition of this permit. • • This permit is issued subject to all requirements of the Colorado Mined Land Reclamation Act and all rules,regulations and standards now in force and any wh th may in the future be promulgated by the Mined Land Reclamation Board, and this permit may be revoked or suspended for noncompliance with the Act and/or such rules, regulations and standards. Dated at Denver this 28th CUED LAND RECLAMATION BOARD day of August ,1980. GIESERT PIT PETITION FOR CLASS D NON-IRRIGATION WATER ALLOTMENT CONTRACT FROM THE GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT Petitioner,hereinafter named,hereby petitions the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District,a political subdivi- sion of the State of Colorado,organized and existing by virtue of C.R.S.1973,Section 37.45-101,et.seq.,for a Class D Non-irrigation Water Allotment Contract for beneficial use of water under the following terms and conditions: 1. Name,address and telephone number of Petitioner(also supply address of local representative,it any) Board of County Commissioners of Weld County, Colorado, P. 0. Box 758, Greeley, CO 80132. (303,__356-4000. do Lee D. Morrison, Assistant County Attorney, Extension 4391. 2. Legal description of the lands where the water will be used and attached.(attach a copy of deed(s)for land and state total acreage): NE4,SW4' Section 31, T6N, R65W; N2 SE4 Section 31 T6N R65W; SW4 NE4 Section 31. T6N. R65W of the 6th P.M. , Weld County. Colorado 3. Ground water use. a.Type of ground water use:(domestic,livestock,commercial,industrial) Industrial b.Short description of ground water use: Evaporative loss from gravel pit. 4. Petitioner owns and/or uses on the above.described lands the following water rights:(attach a copy of decree(s)for well(s): Gravel Pit Location(Quarter, Pumping Well Permit Name or Number Quarter, Capacity Adjudication or Registration No., Decreed of Well Section,T.,R.) (g.p.m.) Case No. it any Use a.State the power source(s)used for ground water diverslon(s):(electric,gasoline,diesel,natural gas) N/A b.Do your wells have totalizer flow meters Installed and operating? N/A c.State whether an efficiency determination of your well(s)has been made,and if so state that efficiency for each well. N/A 5. Ground water diversion and return flow acre-feet by months: See Attachment A. • Ground Water Diversion Ground Water'Return Flow Month Min. Average Max. Min. Average. Max. Jan Feb ✓ Mar • Apr May • Jun Jul Aug Sep ,J Nov '*,4 •:.''� Deci�, Total a.The above quantities were determined by:(state name,address,telephone number and date determined) Dave Jonesl Tuttle Apclegate Incorporat, A119;9? Grant Street, Suite 410, Deter. CO 50233, 452-6611 �)e e [11ine ovem er y See Attachment A. b.Methotl of determfnatlon:(bneTly tlescri hand aftacfl supplemental documents as necessary) 6. It Is understood and agreed that Petitioner will provide the Subdistrict with reports concerning ground water diversion and ground water return flow for each calendar year such as set out In Paragraph 5. 7. It is understood and agreed that Petitioner will,upon request by the Subdistrict and upon provision of the appropriate form,furnish to the Subdistrict records of his power consumption for each of his ground water diversion structures shown in Paragraph 4.a. ALL INFORMATION MUST BE PROVIDED OR THIS PETITION WILL NOT BE ACCEPTED FOR FILING. PETITIONER SHALL BEAR THE COST OF PROVIDING THE REQUESTED INFORMATION. B. The initial amount of augmentation plan replacement water allotted for this use Is 24.33 acre feet and the initial annual special assessment will be$ at$ per acre-loot.The amount of water allotted,the initial assessment and assessment per acre-foot will change from year to year and Applicant will be notified of a change In special assessment by a yearly bill of assessment.It is understood and agreed by Petitioner that the quantity of augmentation plan replacement water to be allotted Is to be determined by the Board on the basis of information given In Paragraphs 2 through 6 above. 9. It is understood and agreed that upon entryof an order granting said Petition,Petitioner shall be obligated under the terms of this Contract.Petitioner may,within 15 days of the receipt of this Contract or any annual bill of assessment,make an objection in writing to the Board of Directors of the Subdistrict stating in particular why the Contract or bill of assessment is incorrect.The Board of Directors may review the written objection and with or without hearing act upon the same and notify Petitioner. 10. Because the proposed augmentation plan will be based on information provided in Paragraphs 2 through 6,Petitioner agrees: a.To continue to use the water rights described in Paragraph 4 In the same manner and to the same extent as described in Paragraph 3 and 5,or b.To Immediately notify the Board of Directors of the Subdistrict of any changes in the information given in Paragraphs 2 through 6. 11. It Is understood and agreed that failure to adhere to Paragraph 10 may result in the Immediate termination of this contract by the Board of Directors.If your contract is so terminated you may petition the Board of Directors to be heard on the matter of the termination. 12. It is understood and agreed that any replacement water allotted by the Board of Directors of the Subdistrict shall be for the purpose of permitting the use of well water for the use described above,provided,however,that all uses which receive benefit from the allotment shall be within the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District. • PETITIONER MUST PROVIDE ALL INFORMATION REQUESTED OR THIS PETITION WILL NOT BE ACCEPTED FOR FILING.THE INFORMATION MUST BE CORRECT AND ACCURATE SINCE THE SUBDISTRICT RELIES ON IT TO GRANT THE CONTRACT AND CANNOT BE RESPONSIBLE FOR INCORRECT OR INACCURATE INFORMATION. EXHIBIT 2 13. It is understood and agreed that the Board of Directors of the Subdistrict will attempt to obtain and maintain Judicial or administrative approval of an ade- quate Plan of Augmentation,or other operating plan,In order to enable Petitioner to operate the well(s)described above in accordance with the rules and regulations of the State Engineer governing well pumping,and the laws of the State of Colorado.The Board of Directors of the Subdistrict do not guarantee that the Petitioner will have the continued and unrestricted use of well water.The Subdistrict will use its best efforts to obtain an operating plan,or Plan of Augmentation,in order to assist the Petitioner in the continued use of well wafer and will take such actions as deemed proper by the Board of Directors to promote or protect said plans. 14. Pursuant to Section 37.45.125(2)(f),C.R.S.1973,the annual assessments herein shall become a tax lien upon the lands for which such water is petitioned and allocated.Upon termination of this Contract any unpaid assessments will remain a lien upon the land. 15. The term of this contract shall be for the calendar year beginning the January 1 after the signing of this contract or,in the alternative,the parties may elect to begin the term immediately upon execution In which event the contract shall expire at the end of the calendar year.The contract shall be automatically renewed each year,if timely payment Is made,unless notice In writing is given by either party canceling the contract thirty(30)days prior to the end of the calendar year. 16. It is understood and agreed that the replacement water allotment is made for the exclusive benefit of the Petitioner's lands and may not be transferred to any lands other tha hose described in Paragr 2 without the prior specific approval of the Board of Directors of said Subdistrict. Pali er /� Petitioner Petitioner Petitioner L The foregoing instrument was acknowledged before me by the above signed this��day of ji v WITNESS my hand and official seal. //'' Notary Public My Commission Expires: _._1t2 f1 —fir— Street 1 C City e �� State o-t � lip,994 7 ORDER FOR CLASS D NON-IRRIGATION WATER ALLOTMENT Due notice have been given and hearing had, it is ORDERED that the above petition be granted and is hereby made a contract and an initial allotment of acre-feet of augmentation replacement water be made to the lands therein described upon the terms,and payable in the manner,as in said petition,the initial amount payable being an annual assessment of$ .Failure to notify the Board of Directors of any material changes may result in the immediate termination of this contract. q DONE this r// day of U1 113 / / GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER,fER CONSERVANCY VA�j// DISTRICT By "�r/'"'r" %r�G��.L'r^-- President ATTEST: (Seal) • _ _17. • 41 • Secretary • r' y • t �r 4522759 -.'TTLE AFPLEGATE INC 186 F03 DEC 17 '91 12:02 Print ra,.te: 17-Dec-91 utty Applegate, Inc. Attachment A TALE 1 Consultants for Land and Resource Development WELD COUNTY GEISERT PIT 1-k**** **-kRxk********k#kf-A#k***k*kkki:t*3***;t:kkvti*** *Annual Sales of Material = 0 Tons * *Moisture Content of Material 4 *Gress Lake Evaporation . 40.5 In/Yr. * (Annual Total) *Annual Precipitation= 12.13 In/Yr. * *Wetlands Cons. Use= 30.5 In/Yr, * *******kA********k'k'k*k*******k*ki******kA**k***infrA *****OPERATIONAL LOSSES**t** ANNUAL __ DESCRIPTION JAN FEE MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL Sand and Gravel Sales -_____:_ ��•�=n___- -- ____-_ :_____� Percent of Yearly Sales 2.40 3.20 4.00 6.00 2.CC 12.07 18.00 20.00 16.00 4.00 3.20 3.20 100.m Monthly Sales Volume 0 0 0 0 0 0 0 0 0 0 0 0 O Moisture Loss in Meterial(ac-ft) 0.00 0.07 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.07 Dust Control (ac-ft) 0.00 O.CO O.CO 0.08 0.00 0.00 0.00 0.00 0.00 O.W 0.00 0.00 0.00 TOTAL MONTHLY CONSUMPTION 0.00 0.00 0.00 0.07 0.00 0.00 0.00 0.00 0.00 0.03 0.00 0.00 0.00 *'****k**'************AAA,.*.AA A t:F.F.*** *Total Lake Surface * 28.09 acres *Pre-1981 Ponds * 5.71 acres *Net Lake Surface * 22,38 acres *Acreage for Historic t 16.09 acres Consumptive Use Credits * ****AAAAA***A****************AAAAAk *****EVAPORATIVE LOSSES***** ANNUAL DESCRIPTION JAN FEB MAR APR MAY JUN JUL AUG SE? OCT NOV DEC TOTAL Evaporation as R of Annual 2.9(73 3.204 4.50: 6.701 9.02; 13.404 15.904 15.204 12.104 8.3(E( 5.403 3.404 100.004 Gross Lake Evaporation (ft.) 0.10 0.11 0.15 0.23 0.30 0.45 0.54 0.51 3.41 0.28 0.13 C.11 3.38 Precipitation (in.) 0.28 0.23 0.76 1.42 2.35 1.71 1.32 1,27 1.09 0.90 0,46 C_33 12.13 Effective Precipitation (ft.) 0.02 0.01 0.04 0.00 0.14 0.10 0.08 0.07 0.06 0.06 0.03 0.02 0.71 Net Lake Evaporation (ft) 0.00 0.00 0.11 0.14 0.17 C.35 3.46 0.44 0.34 0.23 0.16 0.10 2.49 Credit for Historic Cons. Use (ft) 0.00 0.00 0.00 0.21 0.23 0.42 0.50 0.48 0.38 0.26 0.G0 0.00 2.54 Net Historic Cons. Use (ft) 0.00 0.00 0.00 0.13 0.15 0.32 0.42 0.4, 0.32 0.21 0.00 0.07 1.95 TOTAL LAKE EVAPORATION tee-ft) 0.00 0.00 2.41 3.21 3.72 7.89 10.29 9.82 7.72 5.09 3.48 2.14 55.76 CONSUMPTIVE USE CREDITS (ac-ft) 0,00 0.00 0.00 2.06 2.35 5.19 5.82 6.52 5.11 3.36 0.00 0.X 31.42 NET EVAPORATION (ac-ft) 0.00 0,00 2.41 1.14 1.37 2.70 3.46 3.31 2.60 1.73 3.CE 2.14 24.33 TOTAL DEPLETIIONS (AC-FT) 0.00 0.00 2.41 1.14 1.37 2.70 3.46 3.31 2.60 1.73 3.48 2.14 24.33 DEC 17 ' 91 11 : 04 4522759 PAGE . '-3O3 Exhibit 3 FIGURE 1 / o I _�-- - yip• A-�- \ `L oo`/ o II 1 _ o il i °�' Rs5w / I ai Greeley Junction 4670 \./ \ • _46e' _ ;( i.i IMO A. 1 roper= t rnero• c I _0 . .1 &An° 9.t.' 4 =e• - 4693 46• _ 470 467 C3 L ` _ ��\I. o I •_ Springs �.;' 4620 , W _ , - S 1 CATION •,5 A '! ' ' • �_ ti Lv - , ♦Y ie, .. , r 4660 �_ fiJr •m l '� < >a a� 1, 4`- I .--- .4•. .i4: e a n'' {, ftIE�` ' •IV III' 4 4l — 1 '. ._ �� i 73ia0d�� 4648 I' a64a ` 1 r' 0 4'"0 �- e I`— bcD 4�,�, 6PoI �• '14 I f „k ______IL _ T6 N ira.2r I . 46671' . ._;� 0655 ";;�4 B� 642 �' - Park '..i •ls T _ ` y •` pl .Ira 6rNe i___ Il,- ` �L 4 v / /� "6^ �': Trader I .' 1 �, _-_- I •i•- vr1 rs .Fy Porn' r , ( (' op 1 _ 46Fs.1 r L�46sz �01. '\ I. g 1 '��:�I�H� i- ::: )o� Ir a 1. I 1 0 -, \ { - ,�I n . II_[ 'V Cu' _'///J if- iti It e663Li' i iI��a6sv di 146.30'% J >I ��_II II , ,_ �[ ��- V iG R E E'L T IlY —I1 �1 l�,: v L` i � I , ,I 466, 1 .r—T---[J II -a P k IIi F6 6 8..• 1' err•, •J 4e13 •W t II F. — _ yi L___� y Bch 4 ry . ` x l CO I A II r r r� N. 3, v r' y•. i V1 n -' 8—L_ • lI Ce t••— `,� `� ..__.�St Il it �I,—�� • 1 nII'�II Hrr.Ti I Sch ,_/�IIIIr' 8c6_ 12 \ ',4446� �y T I ' 47 Sin NT I I. I co II WELD COUNTY 0 2000 V-2000' N J GIESERT PIT r TUTTLE APPLEGATE, INC. VICINITY MAP _ Consuiianu for land and Resource Development _= 11990 Grant Street, Suite 410 _ Denser, Colorado 80233 13031452-6611 RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT AND AUTHORIZE CHAIRMAN TO SIGN - GIESERT GRAVEL PIT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an agreement for the Giesert Gravel Pit between Weld County and the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District with the further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the agreement for the Giesert Gravel Pit between Weld County and the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of February, A.D. , 1992. 474444ATTEST BOARD OF COUNTY COMMISSIONERS WELD CO NTY, COLORADO Weld County Clerk to the Board 4,,,,,,,,/hata, Geerrge Kenn dy, Chairman BY: ,'e,„..„�) vim`Deputy Clerk to the Boa Constance L. Harbert, Pro-Tem APPROVED AS FORM: EXCUSED DATE OF SIGNING (AYE) C. W. Kirby -2a2 EXCUSED County Attorney Gordon E. Lac /I� ' �y�l W. H. Webster 920174 o ,a . fir, INTERGOVERNMENTAL AGREEMENT of`- THIS INTERGOVERNMENTAL AGREEMENT, made and entered into this 1*'/ day 1992 by and between Weld County by and through its Board of County Commissioners ereinafter referred to as "Weld County," and the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, hereinafter referred to as "Central," pursuant to §29-1-203 C.R.S., §37-45-101 et seq C.R.S., §30-11-101 et seq C.R.S. and Article II, §2-3, Weld County Home Rule Charter. WITNESSETH: WHEREAS, Weld County owns property described on Exhibit 1, attached hereto and made a part hereof, hereinafter referred to as the "property," and has obtained from the Colorado Mined Land Reclamation Board a Mining Permit, to conduct sand and gravel operations on the property at the location of what is commonly referred to as the Giesert Pit; and WHEREAS, the mining operations have an impact on the historical surface and ground water patterns in the area and excavation of the Giesert Pit results in additional evaporation which will adversely affect Central unless augmented; and WHEREAS, Central has no objection to Weld County's mining operations and reclamation if the concerns expressed above are addressed and the interests of Central are satisfactorily protected. NOW, THEREFORE, in consideration of the premises and the mutual promises and covenants of the parties hereto, IT IS AGREED AS FOLLOWS: 1. Weld County shall conduct its mining operations on the property in accordance with the mining and reclamation plan as finally approved by the Colorado Mined Land Reclamation Board. 2. Weld County will file an application for water rights, including storage rights, claiming that it has made an appropriation of water, and will file an application for a well permit, for any uses other than evaporation, gravel washing, dust suppression, water retained in material and reclamation made upon the property using water from the Hokestra Pit. All other uses must be augmented in time, location and amount to replace any out-of-priority depletions so as to prevent injury to vested water rights. 3. Weld County has constructed the Giesert Pit pursuant to the approved Mining and Reclamation Plan in a good and workmanlike manner and will equip the Giesert Pit with such structures as are required by law. F:\KIM\CCWC wELD\AGREE2 1 4. Weld County owns 1 share of the Lupton Bottoms Ditch Company. For purposes of this Agreement, it is assumed that the historical consumptive use attributable to the share is 100 acre-feet . Weld County will, and does hereby, for the term of this Agreement and any extensions thereto, assign the use of said share to Central free of any cost, and Central shall administer the share to augment the South Platte River in accordance with the gravel pit augmentation policy of Central and in accordance with the terms of the Petition for Class D Non-irrigation water Allotment contract attached hereto as Exhibit 2 and made a part hereof, to replace depletion resulting from the Giesert Pit, except Central shall have no obligation to file or obtain a well permit or Court approved augmentation plan. The share will be administered by Central under Central's existing substitute supply plan. For purposes of this Agreement it is assumed that the Giesert Pit results in an annual evaporative depletion of approximately 2.49 acre-feet of water for each surface acre of water exposed. Since 1981 Weld County has exposed 22.38 surface acres of water in the Giesert Pit. Water will be used in the mining operation for reclamation, gravel washing, dust suppression and by exporting the gravel from the site. The consumptive use for the reclamation shall be assumed to be 2.0 acre feet per acre irrigated. The consumptive use for the remaining uses shall be assumed to be 0 acre feet per year because there is no current mining. It is anticipated that initially Central will use approximately 25.79 acre-feet of the 100 acre-feet of historical consumptive use attributable to the share to replace out-of-priority depletion attributable to the mining operation at the Giesert Pit. Any remainder of the 100 acre-feet which is not required for replacement for depletions associated with the Giesert Pit ("Remainder Water") may be used by Central for its own purposes, except that the 1 share of Lupton Bottoms is also dedicated to the augmentation of the Hokestra Pit and Koenig Pit which are the subject of Intergovernmental Agreements between the parties. Weld County shall annually measure the surface acres of the Giesert Pit for which replacement water is required, determine the acres irrigated for reclamation, determine the tons of material exported, record the amount of water used for gravel washing and dust suppression and shall submit such measurements to Central. Based on such measurements, Central shall provide replacement of depletion caused thereby from the Remainder Water . In no event shall the total replacement made by Central exceed the amount of water delivered by and available from the 1 share of the Lupton Bottoms Ditch Company in any water year. The share has no historical consumptive use in the months of November through March. Central will use its existing supplies, subject to prior commitments, to provide replacement water needed for out-of-priority depletions in those months but Central does not guarantee the availability of such water or the approval of the State Engineer. Should Central determine it cannot provide such replacement water, or should the State Engineer not approve the available supplies, Central will notify Weld County and either party may terminate this Agreement forthwith upon notice to the other party. A map setting forth a graphic representation of the location of the Giesert Pit is attached hereto as Exhibit 3 and is made a part hereof. 5. Weld County shall pay all assessments onthe 1 share of the Lupton Bottoms Ditch Company while the Agreement is in effect and shall have the right to vote the share. 6. In the event that thel share of the Lupton Bottoms Ditch Company is not sufficient to fully replace depletions attributable to the Giesert Pit as required by law, Weld County shall F:\KIM\CCWC\WELD\AGRPP' 2 ,. make additional water or water rights available to Central, from a source acceptable to Central, to the extent necessary to replace such depletions or this agreement may be terminated by either party upon 30 day written notice. 7. It is understood by Weld County that Central is a party to litigation challenging the constitutionality, effect and validity of Senate Bill 90-120. The parties agree that nothing herein shall be taken as an admission, or statement of position contrary to or in degradation of any position taken by Central in any litigation. Nothing in this Agreement shall be taken as an admission by Weld County that Senate Bill 90-120 is unlawful. If Senate Bill 90-120, or portions thereof, are determined unconstitutional, then Weld County agrees to make replacement as required by law and shall provide any additional water necessary for such replacement. 8. Central shall not raise any objection to the mining or reclamation of the property so long as the same is conducted in accordance with the provisions hereof and the approved mining and reclamation plans. 9. This Intergovernmental Agreement may be enforced by either the Weld County or Central by seeking any appropriate equitable or legal remedies, including injunctive relief, specific performance, and damages. In the event that litigation is commenced to obtain such enforcement, and Central prevails, Weld County and/or its successors and assigns agree to pay for any reasonable attorneys fees and court costs expended by Central in obtaining such enforcement. However, if Weld County prevails, Central shall pay all reasonable attorneys fees and court costs expended by Weld County. 10. Subject to the provisions regarding termination in paragraphs 4 and 6, above, the term of this Agreement shall be until December 31, 1992 and shall be automatically extended for one year periods thereafter unless terminated upon written notice given 30 days in advance of the end of the one year period then in existence. 11. Weld County is hereby granted by Central a first right of refusal to purchase 13 acre-feet of storage space in the Neeland Siebring Reservoir (Herbst Pit) adjudicated in 88-CW- 127. Central shall notify Weld County of the terms and conditions upon which it intends to sell storage space in the Siebring Reservoir and Weld County shall have thirty days in which to meet the terms and conditions for purchase of the storage space. If Weld County and Central do not enter a written contract for sale of the storage space within thirty days from written notification to Weld County the first right of refusal shall be deemed terminated. Furthermore, it is explicitly understood by the parties that the right to purchase 13 acre-feet of storage space does not include any water rights. 12. This Agreement represents the complete agreement of the parties hereto, and no oral modifications shall be recognized. Any amendments or additions must be made in writing and signed by the parties to be effective. 13. This Agreement is binding upon the parties, their successors and assigns. F:\KIM\cCWC1WCIAwGRFF' 3 14. This Agreement represents the complete agreement of the parties hereto, and no oral modifications shall be recognized. Any amendments or additions must be made in writing and signed by the parties to be effective. GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT Robert W. Walker, President ATTEST: (seal)714/ti tai\ v: C ?n Secretary WELD COUNTY By ha man, Boar of County Commissioners —*— ATTEST: ,�� WELD UNTY C E K TO THE BOA D: By: �V (L(y / TOO DEPUTY CLERIK TO THE BOARD F:VCDMCCWC\WELDUGRFf 4 PETITION FOR INCLUSION OF LANDS IN THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT AND THE GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT TO: THE BOARD OF DIRECTORS OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT AND THE GROUNDWATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT 1. The undersigned owner(s) of lands located in the County(ies) of Weld , State of Colorado, hereby Petition that the lands hereinafter described be included in the Central Colorado Water Conservancy District and the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District. 2. The legal description of the lands to be included is as follows and a Deed for the described land is attached hereto: 3. A description of the wells owned by the undersigned and located on the included property is as follows: A. NAME OF STRUCTURE: Giesert Pit B. REGISTRATION OR PERMIT NUMBER: Permit applied for C. ADJUDICATION CASE NUMBER: (Attach copy of Well Decree) N/A D. CAPACITY: Approximately 560 of E. LOCATION (4A, Sec. Twp. & Rge.) : NE 1/4, SW 1/4 , Section 31, T6N, R65W; N 1/2 , SE 1/4, Section 31 , T6N, R65W; SW 1/4 , NE 1/4, Section 31 , T6N, R65W of 6th PM, Weld F. NUMBER OF ACRES IRRIGATED: N/A County, Colorado Net lake surface 22 . 38 acres G. NAME AND ADDRESS OF PETITIONER(S) (Please print) : Board of County Commissioners of Weld County P.O. Box 758 Greeley, CO 80632 DATED this <?;1.6 day of l QF_,(1('iJ')-( r'?c za . 19q Pe tioner( signature ic_Qh/ Petitioner(s) signature ACKNOWLEDGMENTS STATE OF COLORADO ss. COUNTY OF The foregoing instrument was acknowledged before me this .' day of — . 19 , by �� ..�t-L.,_.�� WITNESS my hand and Official Seal. My Commission expires: // Notary Public STATE OF COLORADO ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 19 , by WITNESS my hand and Official Seal. My Commission expires: Notary Public Permit No. 78-210 MINED LAND RECLAMATION BOARD Department of Natural Resources 1313 Sherman Street, Room 723 Telephone: 839-3567 Denver, Colorado 80203 DEVELOPMENT AND EXTRACTION MINING PERMIT THIS PERMIT is issued this 13 day of November, 1978 by the Mined Land Reclamation Board, Department of Natural Resources, Mate of Colorado. WITNESSETH WHEREAS, Richard Geisert desires to conduct a(n) open mining operation, known as D & F Enterprises Pit for the purpose of extracting open mined sand & Gravel • and 8 , Richard Geisert "FILED" an WHEREAe, on July 5 1 g1 appli- cation, a reclamation plan and map, and the required fee, as required by law; and WHEREAS, orbeptember 27 , 1978 , the Mined Land Reclamation Board approved Richard GEisert 's application and set bond; and WHEREAS, on November 13 , 19 78 , the Mined Land Reclamation Board accepted surety submit tad by Richard Geisert and such date shall be considered the date of issuance of the permit and the anniversary date for all other purposes; and WHEREAS , the Mined Land Reclamation Board has made a finding, for the purposes of issuing this permit, that: 1) the application complies with the requirements local,tthesColorado Mined Land Reclamation Act and all applicable Federal laws; and, 2) the operation will not adversely affect the stability of any significant, valuable, and perManent man-made structures located within two hundred feet of the affected land, except where there is an agreement between the operator a nd the structure av is to ngan• interest in the structure that, damage to the r be compensated for by the operator; and, 3) the proposed mining operations and reclamation can be carried out in conformance with the requirements of C.R.S. 1973, 34-32-116, as amended (1976 Seas. Laws HI.B. 1065) ; and I WHEREAS, for the purposes of issuing this permit, the erooperator d ahhas rmade e a satisfactory showing to perationsd that procedures employ reasonablygdesigned to minimize as muc open open mining operations and wilt as practicable the aisruptian from the provide for the rehabilitation of the affected land through the rehabilitation of plant cover, soil stability, water.resources , and other measures appropriate to the subsequent, beneficial use of such mined and reclaimed lands; and that in the event of the failure of his proposed reclamation plan, he will take whatever measures which may necessary in order to assure the success and, ccesss of reclamation of the lands affected byer mining op WHEREAS, for the purposes of issuing this permit, a copy of the application approved by the Mined Land ReclamationiBoard of the d the terms eroff ate of Colorado is attached to this permit and thereby becomes a p ar NOW, THEREFORE, pursuant to the a thority set forth in the Colorado Mined Land Reclamation Act, Article 32 of Tittle 34, C.R.S. 1973, as amended, (1976 Sess. Laws H.B. 1065) the Mined Land R clamation Board of the State of Colorado loengage in hereby issues a life of the mine permit to Richard Geisert open mining for the purpose of extracting open mined sand & gravel sin the following parcel of ground, to wit: An 87.547 Acre tract contained in a portion of the NE4 SW4, the NW* SE>: and the , NE4 SE1 , all of Section 31 , Township 6 North, Range 65 West of the 6th P.M. , Weld County, State of Colorado , -2 Permit No. 78-210 as indicated in Exhibits(s) A & C of the permit file, subject to the following special conditions: 1. During the course of mining operations, Richard Geisert shall not allow the total disturbed acreage to exceed the following limitations: Major Disturbance 7'5 acres Moderate Disturbance 2 .3 acres Minor Disturbance L. 5 acres For purposes of this condition, major disturbance, moderate disturbance, and minor disturbance are defined as follows: Major Disturbance - that area of a mining operation which includes excavations, overburden spoils, and topsoil stockpiles. Moderate Disturbance - that area of a mining operation which is a result of backfilling of the open cut, the levelling of overburden spoils, the smooth grading and the distribution of topsoil or other suitable, approved plant growth medium. Minor Disturbance - that area of a mining operation which is undergoing preparation immediately prior to planting, or seeding, is being planted or seeded, or has been planted or seeded but will not be released from bond until there has been full completion of .all reclamation requirements as set forth in the permit. 2. Richard Geisert agrees to be bound by all Rules and Regulations of the Mined Land Reclamation Board, and by all provisions of the 1976 Mined Land Reclamation Act, in compliance with each and every provision thereof, as an express provision of this permit. This permit is issued subject to all requirements of the Colorado Mined Land Reclamation Act and all rules, regulations and standards now in force and any which may in the future be promulgate by the Mined Land Reclamation Board, and this permit may be revoked or suspended for noncompliance with the Act and/or such rules, regulations and standards. Dated at Denver this 13 MINED LAND RECLAMATION BOARD day of November , 1978 By 1 STATE OF COLORADO DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION BOARD MINED LAND RECLAMATION DIVISION Room 423, 1313 Sherman St. Tel. 303/866-3567 Denver, Colorado 80703 • REQUEST FOR TRANSFER OF PERMIT AND SUCCESSION OF OPERATORS • 1 . RECITALS A. On n-*r ,on ?, , 19^c the Mined Land Reclamation Board or Division of the Colorado Department of Natural Resources ("the state") granted to p; chard ❑ a,ri Prang; 2 r.' Gaicont address ("permittee") permit number 72_21p ("the permit") pursuant to which permittee has been conducting a surface mining operation in the County of ..elc , State of Colorado. B. Permittee wishes to assign the permit to 1ao1a Board of County Commissioners address P . 0. Box 758 Greelev. Colorado 80632 , as successor operator ("suc- cessor") and successor wishes to become successor permittee under the permit. • C. Successor understands that the reclamation plan ("the plan") required by the permit and by applicable state laws and regulations has not been completed and is willing to assume full responsibility for the completion of the plan. II. AGREEMENTS Permittee and successor hereby agree, for their own benefit and for the benefit of the state, such agreements to be effective ipso facto upon the approval by the state of the transfer of the permit from permittee to successor, as follows: 1. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully aware of the condition thereof. Successor understands and accepts all of the conditions of the permit. 2. Successor will complete the reclamation plan, and hereby assumes liability for completing such plan as to all areas heretofore disturbed as well as to all areas hereafter disturbed. Successor will perform all of the obligations of the permittee under the permit which have not heretofore been performed by permittee. Performance Warra: 3. Successor hereby tenders to the state its attac'r.ed rrp1. isi r ScX 3t25 JikUiKsss& �9=Gix c ; theg�� which is to be substituted for the bond and surety heretofore filed by the permittee effective upon the release of the latter bond and surety. x'xxAtr ark >ames> croc amsvinFxbnurix • 4 . Successor re presents to the state that to the best of its . edge, information and belief it is not in violation of any of the pro- visions of the Colorado Mined Land Reclamation Act or the Colorado Surface Coal Mining Reclamation Act with respect to any other operation conducted by it in the State of Colorado. Permittee and successor hereby request the state to consent to the assignment of the permit, to recognize successor as successor operator under the permit and to accept the tendered sub..z iT:Utg.>:0.on''•'and• u t3" in place of the bond and surety presently on file with the state. EXECUTED this .''pip day of .5ThzI' r , 19 ' Board of County Commissioners ',eH,4Ro 4 4 F2aueis M . Gcrsc_,e.r Weld County , Colorado Name of Permittee Name of Successor By ' 91. Y/G Signature of Officer , T a£ pm f.7Ti'-' Title Title Chairman Permittee Successor Operator Ed. of County Commi: Weld County , CO . NOTARY FOR PERMITTEE STATE OF L.,.!<-4.7<y. ) ) ss. COUNTY OF /Hz Z ' The foregoing instrument was acknowledged before me this is day of , 19 : ;#1 by��.:_,.i'.'. �. r,,>r_;:" � , c ,_ �= as 1'=,'. ,. - of NOTARY, PUBLIC My Commission expires: L'- r CLERK TO THE BOARD STATE OF Colorado ) ) ss. COUNTY OF Weld The foregoing instrument was acknowledged before me this 6th day of r1=q-- rtar , 19 82 by John T. Martin as rhpirman of Board of Weld County Commissioners r goNam Ffs L Iii County Clerk and Recorder My Commission expires: l 2- S By : , _, � � % . ✓� Deputy Clerk Hello