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Home My WebLink About20182559.tiffSamuel Engineering wn provrrfr Solufkk„s 8450 East Crescent Parkway, Suite 200 Phone: 303. 714.4840 Greenwood Village, CO 80111 FAX: 303.714.4800 May 11, 2018 Discovery DJ Services, LLC West Brighton Compressor Station Parcel Number 146928400004 The West Brighton Compressor Station is an unmanned facility; therefore water supply and Sewer disposal is not proposed for this project site. Bottled wafter and port -o -lets will be provided during construction. Due to being an unmanned facility, no sewer or water will be needed post -construction. 1 3867521 Pages: 1 of 9 R Fee:S51.90 Steve 2912 09:02 A11 Steve Mc'eno. Clerk and Recd -der. Weld County. CO ■Ill11i'ritillil1/414111:140AL WELL SHARING AGREEMENT This Well Sharing Agreement ("Agreement") is made and entered this ` day of June, 2012, by and between Encana Oil & Gas (USA) Inc., a Delaware corporation. 370 17th Street, Suite 1700, Denver, CO 80202 ("Encana") and High Sierra High Sierra Water Services, LLC, a Colorado limited liability company, 8207 West 20t Street, Suite B. Greeley. CO 80634 ("High Sierra High Sierra"). All parties are sometimes individually hereafter referred to as a '`Party" or jointly sometimes as "Parties." RECITALS: The following recitals are made to aid in the understanding and interpretation of this Agreement: A. Encana is the owner of Lot B ("Lot "B) of Amended Recorded Exemption No. 1469-28-4 AMRE 1595 recorded on March 27. 2012 at Reception No. 3834838, Weld County. Colorado ("AMAMRE 1595"). B. High Sierra is the owner of Lot A of Amended Recorded Exemption No. 1469-28-4 AMRE 1595 recorded on March 27, 2012 at Reception No. 3834838. Weld County. Colorado ("Lot A"). C. Encana operates a water well (hereafter "Well") on Lot B under Colorado Division of Water Resources Permit No. 018674-F. A copy of the Well Permit is attached as Exhibit A ("Well Permit"). The location of the Well is shown on Exhibit B. D. Pursuant to a letter dated November 29, 1993, Vessels Oil & Gas Company, Encana's predecessor -in -interest authorized Conquest Oil. High Sierra's predecessor -in -interest, to use water from the Well. E. As presently configured. the pipeline from the Well, starts on Lot B, crosses Lot A and then connects into an office/warehouse on a different portion of Lot B. F. The Parties by this Agreement desire to set forth their understanding concerning the future maintenance. operation, repair, replacement. and use of the Well and appurtenant facilities, and related matters. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Ownership of Appurtenant Facilities. Encana will continue to own and operate the Well and Well Permit and associated facilities for the withdrawal of water located at the Well. All correspondence received by either Party related to the Well shall be copied and sent to the other Party within ten (10) days of receipt. 3867521 Pages: 2 of 9 08/21/2012 09:02 AM R Fee:$51.00 Steve 'torero Clerk a'd Recorder Weid Courty. CO ill riPIP,I 'IIIP3EI6 MN! IVI IM Bill Use of Water. High Sierra shall be entitled to use one-half of the water diverted from the Well, as authorized by the Well Permit and subject to all applicable contracts, burdens, encumbrances, restrictions, reservations, obligations and laws. Such uses shall be made in accordance with the terms and conditions of the Well Permit. Encana shall have the right to limit or suspend the availability of water from the Well if High Sierra's use is excessive or if conditions otherwise warrant, as determined by Encana. Encana shall also have the right to limit or suspend the availability of water from the Well if High Sierra fails to fulfill its obligations under this Agreement, including its obligation to share in operation, maintenance and repair costs. 3. Disclaimer. ENCANA EXPRESSLY DISCLAIMS, ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY REGARDING THE WELL AND WATER FROM THE WELL. HIGH SIERRA ACCEPTS ITS RIGHTS TO USE THE WELL AND WATER FROM THE WELL "AS IS," "WHERE 1S" AND "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, PHYSICAL CONDITION, ENVIRONMENTAL CONDITION, QUANTITY, QUALITY, OR COMPLIANCE WITH LAWS. High Sierra agrees that Encana will have no liability whatsoever as a result of any water supplied or failed to be supplied under this Agreement. High Sierra acknowledges that, as a historical user of water from the Well, High Sierra has personal knowledge of the Well and its historical use and operation, and is relying solely on such knowledge in entering into this Agreement. 4. Indemnity. High Sierra shall indemnify, release, defend, and hold harmless Encana and its affiliates and co -venturers, and its and their respective officers, directors, employees, contractors, licensees, invitees and agents from and against all claims, demands, causes of action, liabilities (including strict liabilities), expenses (including reasonable attorneys' fees and expenses of investigation and litigation), damages, fines and penalties of any kind or character which such parties may suffer, sustain or incur on account of, caused by, resulting from or incidental to the use of the Well by High Sierra, its affiliates and co -venturers, and its and their respective officers, directors, employees, contractors, licensees, invitees and agents, including its water source, and/or the quality, condition or quantity of water from the Well. The foregoing indemnity shall survive the termination of this Agreement. 5. Easement. Each Party hereby conveys to the other Party a nonexclusive easement over and across that portion of their property, as the lines are currently located, to access the Well, pump and pipelines and other appurtenant facilities for the purpose of installation, operation, use, maintenance, repair and replacement of the Well, pump, pipelines, meter and power lines and any other appurtenant facilities. Each Party's conveyance is made by such Party and accepted by the other Party subject to any and all existing easements, covenants, rights -of -way, conditions, restrictions, encumbrances and mineral interests, if any. Each Party shall have the right to enter upon and use the easement tract on their property for any purpose consistent with the rights conveyed to the other Party. Neither 2 3867521 Pages: 3 of 9 08/21/2012 09:02 AM R Fee:$51.00 Steve Moreno. Clerk and Recorder. Weld County, CO Party shall construct or install any improvements on the easement tract on the other Party's property or alter any improvements, landscaping or vegetation on the easement tract on the other Party's property without the other Party's prior written consent. A Party shall restore any damage to the other Party's property caused by their use of the easement. 6. Operation, Maintenance and Repair Costs. Operation, maintenance, replacement and repair costs associated with all common facilities related to the Well including, but not limited to, the Well, pump, pipelines, meter, power source and associated facilities for the withdrawal of water from the Well, shall be shared equally between Encana and High Sierra. A Party shall be solely responsible for the costs of maintenance, operation, repair, and replacement of any items used solely by that Party, including individual service lines and storage tanks. Further, a Party shall be solely responsible for the cost to repair any damage to common facilities caused by such Party. Encana and High Sierra agree to cooperate with respect to the maintenance, operation, repair, replacement, or improvement of common facilities. Encana shall arrange for such work for the common facilities. If, within 15 days after written notice from High Sierra, Encana fails to arrange for the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities, High Sierra may perform such work. Encana (or High Sierra if applicable) shall upon completion provide the other Party with a written statement of the work performed as the entire bill and the other Party's proportionate share of the reasonable costs. A Party shall not allow any contractor or vendor liens to be filed against the Well or the other Party's property in connection with any work on the Well or related facilities. 7. Payment of Common Expenses. High Sierra shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event High Sierra fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. The foregoing payment obligations shall apply to Encana with respect to any work on common facilities performed by High Sierra, to the extent permitted in Section 6. 8. Electricity. Separate metering for electrical charges for the Well is not economical at this time. High Sierra shall pay $20.00 per month for their portion of the electrical charge to Encana by the Stn day of each month. In the event that costs of electricity rise, the amount to be paid by High Sierra may be proportionally increased. Any request for an increase in payment shall be presented to High Sierra by Encana in writing with all electrical billings for the past year attached and with additional proof that the costs to provide electricity to the Well has increased. 9. Waste. No Party shall waste water, and each Party shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. 3 3867521 Pages: 4 of 9 0Steve 811/1`2111f/�20`11121■1099fI::02�,`IIRIMV�t1�R`�IF1ee,I:$1551,I..�i01■011 rr1 f1` Nl,1 i1t ,111 Ill �rl ■`11 ■`'11 ■11 I-'llf{f�elliIr. Wll�- I�il�lf COeld County, 111■�' ,I 1U 10. Legal Water Supply. In the event that the Colorado Division of Water Resources determines that the use of the Well for 2 properties is not authorized by law or by their Rules and Regulations, Encana shall have the right to discontinue High Sierra's use of the Well and Encana shall cooperate with High Sierra in its transition efforts. Disconnection. In the event High Sierra disconnects from the Well and obtains its water from another source, High Sierra's right to use water from the Well shall terminate, but Encana's easement rights over and across High Sierra's property will continue in accordance with this Agreement. 12. Fees. Each Party shall bear its own attorney's fees incurred in the implementation of this Agreement. However, in the event litigation is necessary to enforce the rights of the Parties, the prevailing Party in such litigation shall be entitled to reasonable attorney's fees and costs of suit actually incurred. 13. Non Disturbance. If a lender or lenders hold a lien against the property covered by the easement, then such Party whose property is covered by the lien shall cause its respective lienholder to grant a subordination and non -disturbance agreement subordinating such lien to this Agreement and agreeing not to disturb the rights of the respective parties hereunder. Any such liens shall be subordinate to this Agreement. 14. No Joint Venture, Partnership, Agency, etc. This Agreement will not be construed as in any way establishing a partnership or joint venture, express or implied agency, or employer -employee relationship between the parties. 15. Binding Effect Covenant to Run With Land. This Agreement shall be a covenant with the land and shall inure to the benefit of and be binding upon the Parties, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest. 16. Complete Agreement. This Agreement embodies the entire and complete agreement of the Parties on the subject matter herein. No promise or undertaking has been made by any Party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the Parties, including the November 29, 1993 letter, are integrated and merged into this Agreement. 17. Amendment. This Agreement may be amended from time to time by a written instrument executed by all owners of interests in the Well. /11 Car)/93 Inc., a Delaware corporation. WITNESS my hand and official seal. My Commission Expires: JUDITH B SISNEROS NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03P17/2016 3867521 Pages: 5 of 9 08/21/2012 09:02 AM R Fee:$51.00 Steve Moreno, Clerk and Recorder, Weld County, CO Eli ii.t4 �Q � �If :Ir�iG�l�4�4=�IM�1f�LWilli II 18. Recording. This Agreement shall be recorded with the Weld County Clerk and Recorder. IN WITNESS WHEREOF the Parties have executed this Agreement on the day and year first above written. High Sierra Water Services, LLC, a Colorado limited liability company By' Name: /u t CW°GAA .4 -/eA Its: sire a- GrO ENCANA +i IL & GAS SA) INC., a Delaware corporation Name: it4e-4-1. . Its: motto �.� e. - ,„ — STATE OF COLORADO )SS. COUNTY OF nld',2 ) Acknowledged, subscribed, and sworn to before me this f rY day of June, 2012, by N/GN0445 AREro le s as 5 I/P C re LLC, a Colorado limited liability company. WITNESS my hand and official seal. My Commission Expires: .T/a.0a/.5 STATE OF (_0 /O ra COUNTY OF p u )SS. Notary Public of High Sierra Water Services, Y COMMISSION EXPIRES ON 2/22/2013 Acknowledged, subscribed, and sworn to before me this /3 day of June, 2012, by as /9t`torrel-". - Fc $ of Encana Oil & Gas (USA) 5 1 4 Overage annual amount of ground wat 'o be appropriated (acre-feet) Number of acres to be irrigated: Proposed total depth (€eet): Oquipr ground water is to be obtained from: e Fpx Hills Aquifer - - Owner's well designation 1—V GROUND WATER TO BE tseD FOR; ) HOUSEHOLD USE ONLY - no irrigation (0) } DOMESTIC (1) IX ) INDUSTRIAL (51 ) LIVESTOCK (2) I I IRRIGATION (6) ) COMMERCIAL (4) I ) MUNICIPAL (8) OTHER (s) \A/R1.5-T3 S Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. Proper fee must be submitted with the application. EXHIBIT A COLORADO DIVISION OF WATER RESOURCES 300 Columbine Bldg., 1845 Sherman Sr., Denver, Colorado 80203 PERMIT APPLICATION FORM ( ) A PERMIT TO USE GROUND WATER (X ) A PERMIT TO CONSTRUCT A WELL FOR: ( ) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO. .2-3 r ( ) OTHER RECEIVED MAY 13 r74 WA,ilr �fNfl�ES PAM •IIIr( AMC (1) APPLICANT - mailing address Vessels Gas Processing, Ltd., Surface NAME Lessee, David E. Howard, Owner STREET 2nd Floor - 180 Cook Street CITY Denver Colorado 80206 0.tatO (tip) TELEPHONE NO. 399-6821 (2) LOCATION OF PROPOSED WELL County WOd ` EL,.BE-x(44- ''/. of the SE '44, Section 28 Twp, 1 NRng. 67 P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 75 (maximum timate) none 1,200' (4) DRILLER Name Street City _ unknown at this time (-lc toktiPJ (stale) (LIp) Telephone No. Lic. No. FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. Z- lea Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant 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. 1) WATER PRoDuc TION SHALL BE LIMITED TO L,ARA1 tE—FOXBILLS 'AQULFER ONLY. WELL SHALT, NOT PRODUCE ABOVE 500 FEET. 2) TOTALIZING FLOW METER I4YST BE INSTALLED ON THE DISCHARGE OF THIS WELL WHEN 'irl«J WATER IS MT TO BENEFICIAL USE. DIVERSION RE>SORI?S SHALL BE SUBMITTED, UPON RE+)'EST, TO THE DIVISION OF WATER RESOURCES. 3) AVERAGE ANNUAL APPROPRIATION FROM TICS WELL SHA OT EXC VEE(5'ACRE-FEET. APPLICANT SHALLFTC C -LOG THE ENTIRE DE1l'H OF THE HOLE AND SUBMIT COPY OF THE S.P. AND RESISTIVITY LAGS TO 1'i DIVISION OF WATER RESOURCES. 5) PLAIN (NON- 'OR4'i° i) CASINGS LUST BE PROPERLY SEALED TO PREVENT. THE AMINO OR APPROPRIATION OF TRTBtTTA T WATERS. R. • 5". Pip APPLICATION APPROVED `_., I.D. I W.D. _. s ue.- COUNTY _ 40—r PERMIT NUMBER 018674 -f DATE ISSUED AUG 11974 EXPIRATION DATE AUG 11975 I. • (5) THE LOCATION OF THE PROPOSED WELL and thearea on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. +— -t ---� -4--- —+— H —+ — -}- � -- 1 MILE, 6280 FEET----�}l + NORTH SECTION LINE i NORTH L The -scale of the diagram is 2 incheSv-i mile • -Each smell,squhre repi-tents 40 acres. . SOUTI-tSECTION LINE WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 -acre of lend 1 feot deep • 1 cubic foot per m ord fcfs) ... 449 pitons per minute;gpm) - A family of 5 will require approximately,] acre-foot of water per'vear. 1 .aCre•foa r :43,590 cubic feet-. - 325,900 gallons ' '1".000'goat crumbed'cpt+tinntiasty'for .ants day product! 4:47 acre-feet, (6) THE WELL MUST BE LOCATED BELOW "").- by distances from section lines. . 1,362 ft. from South', sec. tine InorMi or southl 127 ft. from East sec. line (east Sec. 28 -1N --67W, Weld wCo. , Colo. LOT -- BLOCK FILING SUBDIVISION _ (7) TRACT QJsI WHL H WELL WILL BE LOCATED No- of acres 20 the only well on this tract? Yes Will this be (8) PROPOSED CASING PROGRAM Plain Casing 8 5/8 Olin, from 0 ft to _ 10 0 ft, in from ft. to ft Perforated casing 4 —1i7� 0.Din. from 0 ft. toles 20 0 ft. in. from ft. to ft. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: None 3867521 Pages: 7 of 9 08/21/2012 09:02 AM R Fee:$51.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII L I«h'11 11 I .h�kLl f MI i 10.Ifi li OHM ;(10) LAND -.ON WHiC�H .GROUND WgTgR WILL BE USO: ---Yri?l t Pr ce Ltd. Surface Lessee Dave. warn, Ie 20 Owners) : No of acres: _ .. EASE h1/4 .lees 3 apres..o t of Sid corner and 2 acres out of Nii64 Legal description. corner, _O - us ..S ii-aEkNE1/4-SEcht, Section 28 (11) Q,ETA,ILcD DESCBIPTItON "Di the use of- ground water: Household use and domestic walk must indicate type of disposot sysfem We±ibetrile used primarily for industrial purposes, however, inc_l.tidpr1 in this purpose will be water for plant personnel residing in 4 mobil hommes. The industrial plant. ie .a gas processingus?.ng an estimated 1 acre foot per year. In addition to the foregoing, the well will furnish water for a shop building and an offit~e Which is esimated to be a maximum of 2 acre feet per year_ (12) OTHER WATER RIGHTS used on this land, including wells. Type of right Used for (purpose) Unknown — nollyaaitable for this purpose Legal Description of fond on which used (13) THE APPLICANT(S) STATE S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE REST OF,tl(S KNOWLjtD fr4,f�. SIGNATURE OF APPL WANT'S) DAVID P. HOOVER, 4 Agtor Vessels Gas Processing, Ltd. Surface Lessee, and David E. Howard, Owner Use additional sheets of paper if more space is required. U described as Parcel B on the attached Land Parcel Survey .� .3x 0 acres and which is illustrated on the map on the reverse side of this form; that this well was completed in compliance p317r3 with the permit approved therefor; this statement of benefic' of ground water is filed in compliance with law; he (they) has • v4_ have) read the st laments made hereon; kno f; and that the same are true of his (their) 'knowledge, o ver lL oM oa U ceg iignature(s) , - orrin i Michael S. Boland -e sub sc 1ilit rtraty, r • _ - to boti4rit won A)t�s"N} 16_ czo Ike tY O (1trl a s/No ♦ S frr • own -g5-73 -THIS FORM MUST BE 1UBMITTEU PFOOR TO -A -THE EXPIRATION OF THE • PERMIT, TYPE OR /PINT IN BLACK INK. 'COPY OP ACCEPTED STATEMENT MAILED ON REQUEST, ' FOR OFFICE USE ONLY Div. Cfy. STATE OF COLORADO COUNTY OF 411 EXHIBIT B • COLORADO DIVISION OF WATER RESOURCES 300 Columbine Bldg., 1845 Sherman St. Denver, Colorado 80203 X STATEMENT OF BENEFICIAL USE OF GROUND WATER AMENDMENT OF EXISTING RECORD PERMIT NUMBER 018674-F } 55. LOCATION OF WELL KLUIVW APR 1 71986 FIRM RE3EIilRCEis STATE • ENOWER Vessels Gas Processing, Ltd. Weld THE Af I'IANT(S} 9 County whose mailing address is 600 South Cherry Street, Suite 1220 City Denver tiE +!4 of the SE _ N, Ssdllon 28 CO 80222 Twp. 1 N Rng, 67 6 P.M. (aTATEt me) IN OR 5) E bR WI� being duly sworn upon oath, deposes and says that he (they) is (are) the owner(s) of the well described hereon; the well is — located as described above, at distances of 1346 feet from the south section line and sio•t'K DC nourw3 311 feet from the east section line; water from this well was first applied to a beneficial use for the purpose(s) described herein on the 3rd +Emir on WERT) , 19 74; the maximum sustained pumping rate of the well is 3 19 gallons per minute, the pumping 793 feet; the average annual amount industrial ay of December ste claimed hereby is 19 gallons per milhte; the total depth of the well is f water to be diverted is acre-feet; for which claim is hereby mode for purpose(s); the legal description of the land on which the water from this well is used is PURSifi 1)A MOW . day of Apri-1 t- 6/13/89 19 86 i,? C. Rau, 5"l?OA"S °"'Merry, Denver, CO 8022 G BY THE STATE ENGINEER OF COLORADO OLLOWING CONDITIONS: _ : Tr1E PROOF OF BENEFICIAL USE WAS PT.TBLISHED. NO 0131,ECTIONS TWfErtE RECEIVED, ^'_?P PROOF TS ACCEPTED AND THE WELL PERMIT REMAINS IN FORCE AND EFFECT. 2)THAT THOSE CONPITIONS OF APPROVAL AS STATED PERMIT ARE CMTLIED WITH. ON THE WELL which totals +7F FOR OFFICE USE ONLY Court Case No. Sic. N, Wall Us. - Dist. Basin Man. Dis. Prior. Mo. Day _ Y+. tV AUG 151986 DATE STATE ENGI ER .LeyAi&NsixtvizA. BY 3867521 Pages: 9 of 9 08/21/2012 09:02 AM R Fee:$51.00 Steve 1'o-eno Cle-t arc Recc-der- Weld County CO X111 'ir%VIII r6�1�'6 �#'tirl41rdfitiII I��i�Mil iM� 11II Well drilled by Kenneth Rutt Lie. No. 9 Pump i,stolled by Spain Well Service Lic. No. 715 Meter seriol No. 36270848 El Flow Meter ❑Electric Meter Owner of land on which water is being used Vessels Gas Processing, Ltd. 0 Fuel Meter THE LOCATION OF THE WELL MUST BE SHOWN AND THE AREA ON WHICH THE WATER IS USED MUST BE SHADED OR CROSSHATCHED ON THE DIAGRAM BELOW. This diagram represents nine (9) sections. Use the CENTER SQUARE (one section) to indicate the location of the well, if possible. NORTH I L + - I + I + 1 + - I + - -I- + I - + l 4 - NORTH SECTION + - LIME -I- - } + - + - WEST SECT - + • .z + - � I + -I- 1 - ION LII'E - + - w .i + - w + I + I - + r — + SOUTH SEC1ION + — LIIfE + — + -} + + THE SCALE OF T + E DIAGRAM IS -} — .--1, MI TWO :NCHE5 E + ---- le ,--P- DUALS ONE -MILE + : = - .. "- Z �'1 , . WATER EQUIVALENTS TABLE (Rounded Figures) An oere-Foot covers 1 acre of land 1 foot deep. 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm). 1 ocre.foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. 100 gpm pumped continuously for one year produces 160 acre-feet. i • e Hello