HomeMy WebLinkAbout20190173.tiff`Form fvo.
GWS-25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303)866-3581
KCB LLC
26462 WCR 50
KERSEY, CO 80644-
(970) 590-5551
PERMIT TO CONSTRUCT A WELL
LIC
WELL PERMIT NUMBER 267999
DIV, 1 WD2 DES. BASIN MD
APPROVED WELL LOCATION
WELD COUNTY
NW 1/4 SW 1/4 Section 16
Township 4 N Range 66 W Sixth P.M.
DISTANCES FROM SECTION LINES
2000 Ft. from South
300 Ft. from West
Section Line
Section Line
UTM CO0RDIN•ATE5 Meters Zone:13 NAD83
Easting: 517766 Northing: 4462148
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
seek;ng relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Weli 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 'l8.
3) Approved pursuant to CRS 37-92-602(3)(b)(ll)(A) as the only well on a tract of land of 40 acre(s) described as the N112 of
the N1/2 of the SW 1/4, See. 16, Twp, 4N, Rng. 66 W, Sixth P.M-, Weld County_
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than
three (3) single family dwellings, the irrigation of net more than one (1 ) acre of home gardens and lawns, and the watering
of domestic animals_
8)The total depth of the well shall not exceed 180 foot. which corresponds to the base of the Laramie -Fox Hills aquifer. At a
minimum, plain casing shall be installed and grouted through all unconsolidated materials and shall extend a minimum ci
ten feet into the bedrock formation to prevent production from other zones.
6) The depth to the lop of the Laramie -Fox Hills aquifer is approximate. To ensure the exclusion of poor quality water from
zones immediately above the equifer, plain casing and grout shall extend through the lowermost coal and/or carbonaceous
shale that overlies the Laramie sand portion of Me aquifer_
7) the pumping rate of this well shall not exceed 15 GPM.
8) The return flow from the use of this welt must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
9) This well shalt be constructed not more than no feet from the location specified on this permit,
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. A -3 _13_6
APPROVED
ADB
ted
•
State Engineer
Receipt No. 3600124C DATE ISSUED 03-'13-2006
4293554 Pages; 1 of 9
04/1312th17 01:D6 PI' R Fee:y53.0D
Carkv KORPlS Clerk and Recorder. Weld County, CO
�IIIlr1�iill#'�I f+t���l�'�yill4 �I III
AMENDED HELL USE AGREEMENT
This AMENDED WELL USE AGREEMENT (",Agreement") is made and entered into
this . day of ^- ►'b ig _ 2016, hr and between THOMAS & CYNTHIA HAREti.
whose address its 14319 WCR 44, Platteville, CO $065l {HAREM), and JONATHAN
OLIVIA CAIN, whose address is 21280 WCR N. PLATTEVILLE. CO ("CAIN -1
WITNESSETH
WHEREAS. HAREN is the owner of Lot C of Recorded Exemption No. 1057-Iti-03
RECX15-0156, being a part of the Southwest Quarter (SWI/4) of Section Sixteen (Id),
Township Poor (4) North, Range Sixty-six (Oti West of the Sixth (b1k) P.M_, Weld County,
Colorado, and
WHEREAS. HAREN is the owner of Lot B of Recorded Exemption No. 1057 -lo -03
RECX 15-0156. being a part of the Southwest Qtiarter (SWl/4) of Section Sixteen (lo),
Township Four (4) North. Range Sixt\-six (661 West of the Sixth (6'4 P M.. Weld ('aunty,
Colorado: and
WHEREAS, CAIN is the owner of Lot A of Recorded Exemption Na I057-tb-ni
RECX15-0157, Felon a part of the Southwest Quarter (SW1i4) of Section Sixteen 00,
Township Four (4) Noilh, Range Sixty-six t(Cl West of the Sixth (6't`) P.M.. Weld County,
Colorado; and
WHEREAS, Lot C of RECX 15-015Cs is also known as I-larcn Farm, Lot B of RE-CX 1 S-
galso known as Haren Property and Lot A of R.ECX15-0157 is also known as Cain
Residence_ and
WHEREAS. HAREN applied for and received Well Permit Number 26700t9 ("Well
Permit') from the Office of the State Engineer. Colorado Division of Water Resources said
permit being issued February 3. 2006. a copy of which is attached hereto as Exhibit C (the
el!")_ and
WHEREAS, the Well, the subject of the Well Permit, was constructed and a well
construction and test report submitted to the Office of the State of Engineer: and
WHEREAS. said Well is located upon Lot C of RECX 1 5-0156 owned by HAREN, and
WHEREAS, HAREN AM) CAIN had entered into an agreement dated
regarding the 'Joint use of the Well on the flnren Farm and the Cain
Residence (the "Original Well Use Asreeinent"): and
WHEREAS. after entering the Original AA ell Use Agreement. !-Iaren created the Hared
Property from the larger Haren Farm via a recorded exemption process with Weld Count', and
-1-
4293554 Pages: 2 0f 9
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Carly Koppel, Clark and Raoordar, Weld County. CO
SINVIVAIATIMM1ril1 1ili rEE II!
WHEREAS, the parties desire to amend and replace the Original Well Use Agreement
with this Agreement to define the terms of use of the Well on the Haren Farm. the Haren
Property and the Cain Residence: and
WHEREAS, said Well was intended to he used tpon Lot A of RFCX 15-0157 and Lots B
and C ofRECX15-0156 in accordance with the Well Permit and
WHEREAS, said Well Permit allows said well to be used upon forty (401 acres as
described in said Well Permit but is "limited to lire protection. ordinary household purposes
inside not more than three (3) single family dwellingsthe watering or poultry. domestic animals
and livestock on a faun or ranch and the irrigation of not more than one .11) acre of home gardens
and lawns; and
WHEREAS, the parties hereto desire to enter into an agreement for the joint use of said
Well in accordance with the terms of the Well Permit.
NOW THEREFORE, in consideration of the mutual promises and covenants of the
parties hereto. it is agreed as fo1lnws'
1 The above recitals are incorporated herein by reference.
For and in consideration of the sum of One and No1100 Dollar IS1 t10) raid by
HAREN and CAIN to HAREN and other good and valuable consideration. HAREN and CAIN
may use the above referenced Well for the purpose of fire protection. ordinary household
purposes_ and the watering of not more than one hundred 1 1001 poultry, not inure than ten (10)
head of domestic animals and livestock, and the irrigation of not ,note than one-third t l 1) acre
of home. gardens and lawns upon Lot A of RECX15-0157 and Lot B of RECX15-015[, All
other remaining uses of said Well are reserved by HAREN to be used in accordance with the
conditions of approval of the Well Permit upon only the Tsernitted acreage on Lot C of RECX 15-
015b
At the present time, said Well has been completed for actual service and operation
including but not limited to electrical service, electric meter- mater meter and other necessary
facilities.
a -Inc elecII €al ut b ics ',iced for the nlicrativn of said Well ;will be stn cd h+ a
separate electric meter used only for said Well, the electric ser4tce account shall he in the name
of the atone+ of Lot C of RLLX$ .-0156 and said owner shall be responsible for all expenses of
operation, use and maintenance of said Well until the owners of Lots A of RECX15-0157 and -or
H of RECX 15-0156 retake use of said Well in any manner upon Lois A of REC X l 5.0157 and or
B of REC X15-0156 in accordance with the terms of the Well Permit and this Agrcetncnr. Upon
such event_ all costs and expenses of utilities. use, operations, maintenance, repair replacement,
and restoration shall be paid one-third by the respective owners of Lots A of RECX15-0157, B
of RECX 15-0156 and Lot C of RECX 17-015(1 Further, the owners or Lots A of RECX 15-0157,
B of RLCX 15-0156 and Lot C of RECX 15--11156 will each he limited to the use and withdrawal
of not triore than 1.5 acre feet of water per year for all such permitted uses.
4293554 Pages; 3 of 9
04/13/2017 01:06 Pct R Fee:$53.00
Cer1y KoPP4s, Clerk and Record■r, Weld County, CO
PPOCritidillinAkU!
In the event any party to this Agreement determines that separate totalizing flow
meters are neoes;arw to derermine actual water use of the Well. separate totalizing now meters
will he installed to determine each patty's usage ot'water but in no event to exceed 15 acre feel
per year lf.ceparate totalizing floss meters are installed, then, in such event, electrical usage will
also be pro rated based upon actual usage. Other than charges for electrical usage. all other
expenses and costs as defined hereinabove at Paragraph 4 shall coitlintire to he shared on a one-
third basis
e. f J AREN also conveys and grants to Lots .-1 of REC'N 15-0157 and B of RECX! 5-
015,5 an easement to construct, install, lay, inspect. monitor, maintain, alter. repair, renew,
subsri:ute, chance the size of, replace, remove, operate and use a water pipeline or other water
delivers' strucrure on and across HAREN lands running from the Well to Lot A of RECk15-0157
and Lots B and C of RECXl 5-0156 said easement being shown and described on Exhibits A
R attached hereto and made a part hereof Said easement shall also include a sixty -foot (60'1
diameter circle around the Well for all purposes necessary and convenient for use, operations and
maintenance included hut not limited to repair replacement and restoration and re -drilling of the
Weil asrand if necessary
construction and installation of the water pipeline by the owners of Lots A of
RLCX 15-ce 157 and B REC.(I 5.ttT shall Inc done in a workman like manner, The owners of
Lots 1 of Rf C X 15-0157 and B of REC\! 5-41 56 plan to lay the water pipeline in a trench
within the easement at a depth of not less than three feet 01 below the existini surface of the
land. Any excavated iirca shall he planted and or reseeded by the owners of Lots A of RECXl5-
+0! 57 and B of RECX 15-01 SC, at their sole cost and expense with grasses and plants similar to
that currently existing upon the property
S Ingress and egress to the Well for all purposes shall be donee by utilizing an
existing oil and !;as farm access road located between Lot A of RECXl5-0157 and Lot C esf
RECX 15-t} 150 Said farm access road is shown upon the Amended Recorded Exemption ;slat
map Said oil and gas access road shall constitute en easement for the benefit of the owners of
Lots A of RF.CN 15-0 ! fi 7 arid Lots B and C of RCCN 15-0136 but use of access easement by
the owners of Lot A of ftFCX 15-4! 57 and Lot B of 1tECX15-4I 56 is expressly Bottled to
ingress and egress for purposes related to the Well and for no other purpose
Lot A ul' RLC .k 15-0t F7 and !sots I-1 and C of RECD 15-Ot 56 Tai! ()MI.,- use the
Well for the purposes as allowed in the Well Permit_ Notlunme, herein authorizes an expansion or
chance ot use el' said Well beyond that for which it is permitted.
10. If an uwr]rr ot'any parcel Fails to pay his or her share of the expenses of the Well
pursuant to rli is Agreement, then that owner shall forfeit his right to use the Well until such time
as he or she pays their portion of said expenses. if one owner uses the Well in r iolatioii of
Colorado law and/or the Welt Permit- than that owner shall also forfeit the right to use said Well
until such time as the use complies with Colorado law and/or the Well Permit.
4293554 Pages:
of 9
04/13/2917 01:08 P11 R4Fre:$ 3.09
Carly KoePas, CIark and III WIC Recorder.:WON . i' JWI Pal lll �I III
1 ! If it is necessary for a new Well Permit to be obtained, tbr the existing Well
Perrin to be amended. or if it is determined that this Well i5 not an "exempt well" pursuant to
CRS :7 -Y2 -61l2, or if it is otherwise determined that the Well must be augmented, then all
owners of the Well shall cooperate, as reasonably required, to obtain said new or amended Well
Permit andnor obtaining a plan for augmentation and an augmentation water supply for the well
sufficient to allow for the use of the Well as contemplated in this agreement, if necessary, unless
a,ty owner of Lot A of RECX15-0157 and Lots 13 and C of RECX 15-0156 have relinquished
their interest in the well and their interests terminated according to paragraph 12 In such case, the
ternainin.6, owners shall bear the expense for obtaining a new or amended Well permit and
obtaining a plan for augmentation if required.
I' The terms of and provisions of this Agreement shall not expire and shall he
perpetual unless specifically released by all persons ur entities who held an ownership interest in
and to Lot :A of RECX 15-4157 and Lots B and C of RECX I3-0 i 5t). and such release shall not be
unreasonably withheld. Additionally. if at any time any owner of Lot A of RECX I5-4157, and
Lets B and C of RECX 15-01.6 determine that they no longer require the use of said Well ref
permitted purposes_ then they shall no Ionizer be required to pay one-third (I I_;) of the expenses
associated w.virh the Well and their interest in the Well and in this Agreement shall terminate.
Each park agrees to give written notice, by I. S certified mail, to the other parties to this
Agreement at least ten (lit) days in advance of the intended date of termination of their interest
in this .Agreement as per this paragraph 12 Notice time periods shall he calculated as
commencit1 t upon the date of the postmark on the certified letter it is understood that the
owners of Lot A of RECX 1 5-0157 and Lots F3 and C of RECX 15-4156 shall be free to obtain an
alternate supply of"water for use on their respective parcels Nothine, herein shall be construed to
ietlui a each parcel to obtain its wilier soppy- front said Weil
13, This Agreement shall be construed and enforced in accordance with the laws of
the Slate of -Colorado. 'Venue fur any action shall be in the Weld County District Court.
Ia II any term, covenant, condition or provision of this Agreement or the application
thereof to and. person or circumstance shall. at any time or to any extent, he invalid or
unenforceable, the remainder of this Agreement. or the application of such term or provision to
persons or circumstances other than those to which b is held invalid or unenforceable, shall not
he affected thereby. and each provision of this Agreement shall he valid and shall be enforced ru
the fullest extent permitted by law
15 In the event arm' part' institutes legal pfuceedings with respect to this ALgreentent
or the enforcement thereof, the prevailing party shall he entitled to court costs and reasonable
attorneys' fees incurred by such partv in connection with such legal proceedings
16. The failure of any party to exercise any right or power given hereunder, or to
insist upon strict compliance by the other party with its obligations set forth herein and'or any
custom or practice oi'the parties ai variance with the terrrts hereof, shall not constitute a waiver
of either patty's rights to demand strict compliance with the terms and conditions of this
A cenlcrlt
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Carly Kamm's, Claris and Recorder Weld County, CO
IFJP,= I J Irl lt'1INEVIVNI*NA
�r
17 All rights, powers, remedies and privileses conferred hereunder upon the parties
shall be cumulative and not restrictive to those !given by law or in equity unless otherwise
expressly limited
IS This writing constitutes the entire Agreement hetween the parties and supersedes
all prior written or oral communications, negotiations. agreements, representations and
understandings of the parties with respect to the subject matter contained herein Any
amendments to this Agreement shall be in writing signed by bosh parties
10 This Agreement shall inure to the benefit ol'anv owner of Lot A of RECX I S-0157
and Lots 13 and C of ItFCX 15-0156 and all terms_ conditions. covenants and agreements shall he
coitstrlted as awienants touching, cancernini and running with and appurtenant to Lot A o
RECO O S-Ot 7 and Lots B and C of RECX -flt it-) Furthermore, this A rccmeju shall be
binding upon the hem, successors, personal representatives and assisns of the parties hereto.
Executed the day and wear first ahoy mitten
I'
Nana: and Title
STATL. OF COLORADO
; cc
(founts,- of Weld
i2�
the tore_,ains nstlument was ackno vledged before me this "
r
clay of
,
20/U h\ '}�'t' t- Ill Iytt'�'r1
Witness my hand and official seal,/f
\it eommission expires / f ` 0
Jodi L Reed
Mutant Public
State of Calotado
Notary ID 20024437286
my commission Expires rroverreyer 20, 2018
Lie
`� C Notary Public
4293594 Pages: 6 of 9
04/13,2017 01:00 PM R Fee;$33.00
carlr KopPee, Clerk and Recorder, Weld County, CO
ledirlPi lid fl ll
CYNTHIA HAREN:
B). Q
{Siv.naturc
„- - ,,`ct cc
NarneJand Title
STATE OF COLORADO
Count,: of W 1d
1 s
The foregoing instrument was acknowledged before me this I day of
ftALIlSROHRBILIGI
NOTARY PUBLIC
STATE OF COWRADO
NOTARY lD 20154U322KI
MYC4PAISSI0N DCPIREs AUGUST t-7, 24t8
I
JONATHAN CAIN;
Name and Title
STAit OF COLORADO
5.5
County- of Weld
Witness MV hand and r41iicial seal
0s+- /7 zo/q
Nly commission expires
The toresto:m.E in irtiment was acki3owkedged before me ibis l'CP day. of z;1: -
by v. � -.C{r: r
Witness my' hand and official seal
My commission expires. 7/ i 2.0ICf
4293°354 Pages: 7 of 9
04/13/2017 01;06 PM R F■ec$5S_0@
Carly Kappa', Clerk and Rocorder. Wald County, CO
ill PAIFi ' I+ 'I iilVkl r.TIRO VAN. Bill
Nctan Public
OLIV'IA CAIN:
Name and'fiile
STATE OF COLORADO
SS_
(aunt,. ,)t`)6 -Veld
The foregoing instrument was ackacw edged bciore me this heimday +31. Oc4 b 4c
2o1I, . by pt: V G[ e...0,.!,1
4 .
• NOrjr, -.. .
• ‘ t ---,:..t..__
VI 9'Vo;Jo 14_
Witness ntv hand and official seal
My commission etipmes- 7//2 y/ f
Notary Public
II OBIII1II1I Hll fO OIrk
360T727 Minos, MIA mid Ian, co
6 ai 7 II 36.00 D O.OO SIOVI M0fORD Mork & R der
MORITA
LEGAL. D84Cg4;Em V WR 7J RA ¢1 VL
AN EASEMEWWFOR WELL AND UTILITIES LYING IN THE SW 1/4 OF SECTION 16, TOWNSHIP
4 NORTH, RANGE 66 WEST OF THE 6TH PAC. COUNTY OF WELD, STATE OF COLORADO
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING: CONSIDERING THE WEST LINE OF TEE SOUTHWEST 1/4
OP SECTION 1 6, TOWNSHIP 4 NORTH RANGE 66 WEST OF TEE 6TH P.M., COUNTY OF WELD,
STATE OF COLORADO AS BEARING NOICCH 00.00'00' EAST AND WITH ALL BEARINGS
CONTAINED HEREIN RELATIVE THERETO,
CO O4ENOING AT THE SOUTHWEST SECTION CORNER OF SECTION 16, TOWNSHIP 4
NORTH. RANGE 66 WEST OF THE 6111 F.M.,
THENCE ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 16,1%100910130" E
FOR A DISTANCE OF 1345.79 FEET;
THENCE ALONG TEE NORTH LINE OF LOT C OF RE -4294 N 90°00'00" E FOR A DISTANCE OF
369.57 FEET TO THE POINT OF BEGINNING;
TFEENCE DEPARTING SAID NORTH LINEN 00°00'40" E FOR A DISTANCE OF 1341.45 t2 TO
A POINT ON THE NORTH LINE OF SAID SOUTHWEST 1/4;
'THENCE ALONG THE SAID NORTH LINE 84.58'34" E FOR A DISTANCE OF 30.00 FEET;
THENCE DEPARTTNG SAID NORTH LINE S 00°004301 B FOR A DISTANCE OF 1251..49 FEET;
THENCE N 90'00V06 E FOR ADISTANCE OF 23.00 FEET;
THENCE S 00°0000' E FOR A DISTANCE OF 69.95 FEET;
THENCE S 90"00'00" W FOR A DISTANCE OF 53.00 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 0$$7 ACRES.
For Office Use Only
«• ,.-u_� •� � . its _
This form is lied by the named irrdtriduatt.ntlty claiming that they are the aeries of the well permit as reformed below This
filing is made plifinAiri la C.R.S. 37-90-14.1
WELL LOCATlOR Walt Pence Numbei
County fir.
(Address)
PAA)114 ofthe r? '#Al, sec l 6 . Tell A_ tif N. ar ❑ s.. Range kfc,❑ E ar g1w., T
Recafpt bleMbeC 54.00 t E4 Casa Number
Well Nairn ar 0 (optional) p-#0.01
-"I to tF L
+t.L CD $Ot=.SJ
(Cly ) (tee) )
ttiEtErdiStaLAWORaMDM. ZAP Fl. From WC or ❑ S-, _ _ 3917 Ft From C] E ar W. Line.
SubrtNistan Name WA.
L.ot , Block , F�rrgdUn4
P.M.
The above listed awriea{e) says) that he. the (they) own the wel perrad described herein. The tedf tlng record le being
i amended f rthe kilaws;p rearm=
in roma of awrmr ErCherrge in malting address O Correction of location for exempt wells perrsittad prior to May
0, 1972 reed non -ex net wills permitted befc re May 17, 1005.
Please see the reverse We for further infonrration regarding correction of the well bealtorr
Uwe)
made
and any ,1 l (we) (are) the ob4rrerle) of the well permit described above, no the contents of the elatemerte
they are true tie mylour) aio 4ec e.
)1Stite Engineer
Please print the Signer's Name di Tine Data
al
loiter of agency signed by the cow IS atlaohed to the maim upon is receipt.
For Office Lae Only
Elate
1111111i 11111111111111110111111111111111
3B4T!T1 0 1 0tI00= 011254 WoW Goauhr, CO
F of 7 B 36.00 0 0.00 Stew Mamas Clerk A Remodel
42935M Pages: 9 of 9
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■IGICounty,
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