HomeMy WebLinkAbout20193809.tiff, � r
Form No.
GWS-25 ,
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St.. Denver, Colorado 80203
(303) 666-35.81
RAMIREZ TRUCKING LLC
152 S ROLAND AVE
FORT LUPTON, CO 80621-
(303) 857-1470
PERMIT TO CONSTRUCT A WELL
LIC
WELL PERMIT NUMBER 67416 -F
DIV. 1 WD 2 DES. BASIN MD
APPROVED WELL LOCATION
WELD COUNTY
SW 1/4 NW 1/4 Section 1
Township 1 N Range 67 W Sixth P,M,
DISTANCES FROM SECTION LINES
2732 PI. from North Section Line
570 Ft. from West Section Line
UTM COORDINATES (Melers,Zone:13,NAD83)
Easting: Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that
no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has
been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(4) and the findings of the Slate Engineer dated August 15, 2008.
4) The use of ground water from this well is limited to commercial purposes and the watering of domestic animals,
5) The pumping rate of this well shall not exceed 15 GPM.
6) The average annual amount of ground water to be appropriated shall not exceed 1.1 acre-feet.
7) Production is limited to the Laramie Fox -Hills aquifer which is located 485 feet below land surface and extends to a depth of 750 feet, Plain
casing must be installed and grouted to prevent the withdrawal of ground water from other aquifers and the movement of ground water
between aquifers.
8) .The depth to the top of the Laramie -Fox Hills aquifer is approximate. To ensure the exclusion of poor quality water from zones immediately
above the aquifer, plain casing and grout shall extend through the lowermost coal and/or carbonaceous shale that overlies the Laramie sand
portion of the aquifer.
9) The entice length of the hole shall be geophysically togged as required by Rule 9 of the Statewide Nontributary Ground Water Rules prior to
installing casing.
10) The owner shall mark the well in a conspicuous piece with well permit number(s), name of the aquifer, and court case number(s) as
appropriate The owner shall take necessary means and precautions to preserve these markings.
11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be
maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
12) The well constructed under permit no. 23259 then re -permitted under 273139 must be plugged in accordance with Rule 16 of the Water Well
Construction Rules within ninety (90) days of completion of the new well. The enclosed Well Abandonment Report form must be submitted to
affirm that the old well was plugged.
13) This well shall be constructed at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant.
14) This well shall be constructed not more than 200 feet from the location specified on this permit,
15) Pursuant to CRS 37-90-137(9)(6) and the Denver Basin Rules, no mare than 98% of the nontributary ground water withdrawn annually shall
be consumed and the well owner shall demonstrate to the reasonable satisfaction of the State Engineer that no more than 98% of the water
withdrawn will be consumed.
16) This well is subject to administration by the Division Engineer in accordance with applicable decrees, statutes, rules, and regulations,
17) The issuance of this permit hereby cancels permit no. 273139.
NOTE: The ability of this well to withdraw its authorized amount of water from this non-renewable aquifer may be less than the 100 years
upon which the amount of water in the aquifer is allocated, due to anticipated water level declines.
NOTE: To ensure a maximum productive life of this well, perforated casing should be set through the entire producing interval of the
approved zone or aquifer indicated above. Osall-1102
APPROVED
BDH
J0,161
State Engir r
Recei•t No. 3631544 DATE ISSUED 08-14-2008
EXPIR
ION DATE 08--14-2009
SHARED WELL AGREEMENT
This Shared Well Agreement ("Agreement") is entered into this U day
of May, 2018, by and between RUIZ TRUCKING, LLC ("RUIZ") and RAMIREZ
TRUCKING & OILFIELD SERVICES, INC., ("RAMIREZ").
A. RUIZ is now the owner of property known as 5404 County Road 23, Fort
Lupton, Colorado 80621-8414 ("Ruiz Property"), more fully described in
Exhibit A.
B. RAMIREZ is the owner of property known as 0 County Road 23, Fort
Lupton, Colorado 80621-8414 ("Ramirez Property"), more fully described in
Exhibit B.
C. There is an existing well located on the Ruiz Property, which services both
the Ruiz Property and the Ramirez Property,
D. This Agreement establishes the rights and obligations of the parties for the
use, operation and maintenance of the well and distribution system.
The parties, therefore, agree to the following terms and conditions:
1. PAYMENT OF SHARED COSTS:
i. The cost for the pump for the well is currently included in the utility
bill for the RAMIREZ property. As the amount used for the pump
alone cannot be determined, RUIZ agrees to pay $50 per month as a
flat fee for the electricity used by the pump as fair and reasonable,
until such time as a separate meter is for the pump is installed.
ii. If a separate meter is installed specifically for the pump, then
RAMIREZ and RUIZ shall share the cost equally under the same
terms and conditions as stated in section iii below.
iii. RUIZ shall pay $50 per month directly to United Power, and RAMIREZ
shall provide the account information for the payment by RUIZ. RUIZ
• shall pay this amountwithin 7 days of receipt of the electrical bill
from RAMIREZ. If not paid within 7 days of receipt, a late payment
fee of $25 per day shall apply until RUIZ pays this amount.
iv. The parties shall equally share the costs of maintenance, repair and
replacement of the well and pump.
v. RUIZ shall be responsible for scheduling maintenance, repair and
replacement of the well and pump. RAMIREZ may provide RUIZ with
bid(s) for any such work and RUIZ shall consider all bids in selecting
a qualified contractor in good faith. RUIZ shall provide RAMIREZ with
a copy of all invoices for the costs and RAMIREZ shall reimburse RUIZ
for 50% of the total costs within seven (7) days.
vi. In the event RAMIREZ does not pay within 7 days, a $25 per day late
payment fee shall apply and continue until the amount is paid in full.
vii. If not paid within 60 days, RUIZ may terminate this Agreement as well
as pursue all legal remedies for the costs, costs of collection, plus late
Ruiz and Ramirez Well Sharing Agreement (5/29/18) 1
fees, and RUIZ shall have the right to lien the RAMIREZ Property for
their breach of this Agreement.
viii. If either party pursues legal action to collect money due, the party in
default for non-payment, shall be responsible for any costs of
collection, including court costs, and attorney's fees incurred by the
non -defaulting party, and it shall accrue statutory interest of 8% per
annum shall apply until all amounts due are paid in full.
2. PAYMENT OF SEPARATE COSTS:
i. RUIZ shall bear the cost for the maintenance, repair and replacement
of the pipe from the well to the Ruiz Property.
ii. RAMIREZ shall bear the cost for the maintenance, repair and
replacement of the pipe from the well to the Rameriz Property.
iii. In the event the pipe supplying water from the well to the Ramirez
Property must be maintained, repaired or replaced, this Agreement
provides RAMIREZ temporary and limited access to the RUIZ Property
for the minimum amount of area necessary to accomplish such work.
iv. The portion of the Ruiz Property used during such work, must be
restored to its prior condition and RAMIREZ shall be responsible for
any and all personal and property damages indirectly or directly
resulting from such work.
3. SUBSEQUENT OWNERS OF THE RUIZ AND RAMIREZ PROPERTIES:
i. If RAMIREZ sells the Ramirez Property, the subsequent owner must
drill a new well on the Ramirez Property at their expense within six (6)
months and this Agreement will terminate.
ii. In the event that the subsequent owner of the Ramirez Property has
completed all due diligence, in good faith, to secure a permit to drill a
well, and can provide a verified statement from Weld County/or
applicable regulatory agencies, that a well will not be permitted under
any existing circumstances, then RUIZ, or a subsequent owner of the
Ruiz Property, shall extend this Agreement by a written amendment.
4. MISCELLANEOUS PROVISIONS:
i. Neither party may install landscaping or improvements on the Ruiz
Property that may impair or interfere with the transmission of water
through the distribution pipe system to either property.
ii. Each party shall have the right to act to correct an emergency
situation that causes the failure of the well and/or pump to provide
water to the properties.
iii. No other party shall have rights to the well, pump and the water
produced.
iv. If the well cannot supply an adequate water supply for both parties,
the Ruiz Property shall have first priority rights to the water.
Ruiz and Ramirez Well Sharing Agreement (5/29j18) 2
May, 2018, by
My Comzniss
Bain& Eezch
My Commission Expires:
Notary Publb
Slake al Colorado 5, ?A2D
November
LtiC# 20N40201-19
v. If the well becomes contaminated and cannot be used for domestic
consumption, then the rights and obligations of the parties in this
Agreement and any amendment shall cease and this Agreement shall
be terminated.
vi. If RAMIREZ has the availability of another source of water, a
reasonable amount of time shall be allowed for RAMIREZ to make
necessary connections to the new source of water and RAMIREZ shall
remove the distribution pipe from the well to the Ramirez Property
and properly disconnect the pipe from the well. RAMIREZ shall be
responsible for all such costs.
vii. The parties agree that there be periodic well water sampling and
testing by a responsible authority and such costs shall be considered
costs of maintenance of the well.
IN WITNESS WHEREOF, the parties agree to the terms and conditions of
this Well Sharing Agreement, by signing below.
RUIZ TRUCKING, LI,C,
Manager
County of---( t Q- )
}
State of Colorado
}
Date
The foregoing Agree nt was acknowledged before me this a day of
'_iarbasManager of Ruiz Trucking, LLC.
eitz
Notary Public
Ruiz and Ramirez Well Sharing Agreement (5/29/18)
3
RAMIR1 Z TRIIC NG &✓OILFIELD SERVICES, INC.
r .
ff
President
County of
State of Colorado
}
}
Date
The foregoing A 1 -cement was acknowledged before me this 5r) day of
May, 2018; by
Oilfieldd Services, Inc.
My Commission expires
as representative of Ramirez Trucking &
-iZ ,�b
Notary Public
Brenda Koch
Notary Public
State of Colorado
My Commission Expires: November 5, 2020
LIDS MX14030119
Ruiz and Ramirez Well Sharing Agreement (5/29/18) 4
ISDS Indexing
HOV Services - Scanning
Permit #: SP -0701131
Situs Address: 5404 CR 23
Situs City, State, zip FT LUPTON, CO 80621
Sec/Town/Range: 01-01 N -67W Permit Type: Residential
Business Name:
Parcel # 146901000015-R5850386
Owner Name: RAMIREZ RAMON
Owner Address: 152 S ROLAND AVE
FT LUPTON,CO 80621
Owner Phone:
303-857-1470 Other Phone: 303-857-1470
Information above has been Verified in Accela by employee noted below
X
February 19, 2008
Processed Date
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