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HomeMy WebLinkAbout20142871.tiff SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number: 0291 17 000009 Legal Description: Pt. of the NE4 Section 17, Township 10, Range 61 West of the 6th P.M.,Weld County, Colorado Zone District: Agricultural Total Acreage: 10 acres Flood Plain: No Geological Hazard: no Airport Overlay District: no Name: Bashor Wells, LLC c/o Chris Zadel Work Phone#: 303-857-1754 Email Address: cjz@ncconstructors.com Address: 9075 CR 10, Fort Lupton, CO 80621 FEE OWNER(S) OF THE PROPERTY: Name: David L. Bashor AUTHORIZED AGENT: Name: Sheri Lockman, Lockman Land Consulting, LLC Phone#: 970-381-0526 Email Address: sherilockman@what-wire.com Address: 36509 CR 41 Eaton, CO 80615 PROPOSED USE: We are requesting a Use by Special Review permit for a water load-out facility. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has the legal authority to sign for the corporation. Signature: Owner dr Authorized Agent Date Signature: Owner or Authorized Agent Date IDEPARTMENT OF PLANNING SERVICES III 1555 N 17`h AVE GREELEY, CO 80631 C PHONE: (970) 353-6100, Ext. 3540 COLORADO FAX: (970) 304-6498 AUTHORIZATION FORM Sheri Lockman, I Lockman Land Consulting, LLC represent _ Bashor Wells, LLC for the property VAp hcanl) (Owner) located(Agen at N2 and the SE4 • LEGAL DESCRIPTION: SEC 17 TWN 10 RNG 61 SUBDIVISION NAME: LOT BLK I can be contacted at the following phone#'s: Home Work 970-381-0526 Fax# 970-454-2019 The property owner can be contacted at the following phone#'s Home Work 303-857-1754 Fax # 303-857-2933 Correspondence mailed to (only one): X Agent/Applicant ❑ Property Owner DATE \ 1`1 OWNER'S SIGNATURE ` C t v ' LAND LEASE AGREEMENT i�Z7 This land lease agreement ("Agreement") is made and entered into this day of February, 2014, ("Effective Date") by and between David Leslie Bashor, whose address is 56971 WCR 87, Grover, Colorado 80729 ("Lessor") and Bashor Wells, LLC, a Colorado limited liability company with a principal place of business at 9075 Weld County Road 10, Fort Lupton, Colorado 80261 ("Lessee"). This agreement sets forth the terms otthis lease. The terms of this agreement are: 1. This agreement permits the lessee exclusive use of the land owned by the lessor for the purpose of a truck loadout facility to facilitate sales of water from a water well installed on lessor's property. 2. Attached Exhibit A (two page document) denotes the land to be utilized under this agreement. The land base consists of ten (10) acres of land. 3. The land will be leased at the rate of Sailers (MP) per acre for a total of-S SIMI dollars [11111a, per year (12 months). This shall be payable within 30 days of the date of this agreement and then within 30 days of the annual anniversary of signing of this agreement. 4. This agreement shall be renewable every five (5) years. 5. All improvements to the leased land shall be paid by the lessee. At the end of the lease, the lessee shall return the land to its approximate original condition including replacing fences in their original positions. 6. The lessor reserves the right to trespass on the leased land to observe conditions of the leased land. The above terms have been reviewed and are in mutual agreement between the lessee and the lessor. The signatures below attest to this agreement. Lessor: Lessee: Bashor Wells, LI C David L. Bashor By: Tommy D. Raye, Manager By: David L. Bashor, Owner Y �r - EXHIBIT A SECTION 17,T. 10 N., R.61 W.,6TH P.M., WELD COUNTY, STATE OF COLORADO 2.5" BASIS OF BEARINGS ALUM CR118 06"E-5336.12' CAP - - - - - T — — sszor 2.5" ! N0°03'05"E-659.29' v I ALUM i33I CAP N LOADOUT SITE�� - - SEE SHEET 2 OF 2 / S89°40' 19'W-666.49' PARCEL NO: 029117000009 1"=1000' I Zr) En d coI t4 Li"I Sec. 17 I p co I I 2.5" I rn ALUM 4° CAP _ _ v S89°20'43"W-5302.38' CR116 2.5" ALUM CAP TOTAL DISTURBED AREA=10.09 AC. NOTES: 1.Bearings contained herein are based upon GPS observation between the found and described monuments and or physical evidence shown hereon. 2.Distances contained herein are based upon the U.S.Bureau of Standards: One Survey Foot=1200/3937 meter. 3.Survey information as shown hereon conforms to NAB 83 COLORADO NORTH ZONE. 4.SectIon line infomratlon was gathered from public records and found monuments. 5.This exhibit is not a land survey plat and it is not to be relied upon for the establishment of fence,building.or other improvements. oRAww BY: FEL'(I.CHAVEZ }18-14 PARCEL INFORMATION BASHOR waus,Luc 9015 CR 10 FORT LUPTON,CO 80621 CHECKED BY: DOUGLAS R BERING 1-19-10 1 1a5]-1]51 OWNER:BASHOR,DAVID LESLIE -�; TAMARACK CONSULnxC:,StC. PARCEL NO:029117000009 WELD COUNTY,COLORADO ' TAMARACK 53651 V.25TH AVENUE EDGEWATER,CO 83214 963)233-3285 SCALE:1"=1000' I SHEET 1 OF 2 SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE 1. Explain, in detail,the proposed use of the property. Bashor Wells, LLC plans to build a water load-out facility. The water will be used by the local oil and gas industry. The facility will initially include 6 mobile water tanks holding 21,000 gallons each. Space for 6 additional tanks has been included for future expansion. Water will be piped to the load-out facility from wells drilled on the Bashor properties. Tracking pads will be placed at the entrance and the traffic areas will be covered with CDOT Class#6 road base. No homes are in close proximity to the site so dust abatement should not be necessary, Should surrounding property owners complain about on-site dust and the complaint is verified by Weld County staff, appropriate steps will be taken to minimize dust. Dust reduction may be controlled by reducing the speed of vehicles on the site at minimum or applying water on traffic areas if necessary. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 of the Comprehensive Plan. The proposal is consistent with following sections of the Weld County Comprehensive Plan: A.Policy 3.2. Land use regulations should not interfere with the transfer of water rights and/or their associated uses. A.Policy 7.2. Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region. A. OG.Goal 1. Promote the reasonable and orderly exploration and development of oil and gas mineral resources. 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. Section 23-3-40 S of the Weld County Code allows for any use permitted as a use by right, an accessory use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions, to be located in the agricultural district upon approval of a Use by Special Review permit. 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. Properties on all sides are vacant pastureland. Grover lies approximately one and a half mile to the north. Much of the recent growth in this area has been from production sites similar to the proposal. Little impact will be experienced by the neighbors. 5.a. How many people will use this site. The only people using the site will be the water truck drivers and people to service the water pumps as necessary. None of these truck drivers will be employed by Bashor Wells, LLC. 5.6. How many employees are proposed to be employed at this site. The site will be unmanned. 5.c. Hours of operation. The facility will operate 24 hours per day, 7 days per week, 365 days per year. 5.d. Type and number of structures to be erected (built)on this site. The only structures on the site will be a maximum of 12 mobile water tanks holding 21,000 gallons each and a generator located on a skid until such time that electrical service can be provided. 5.e. Type and number of animals, if any,to be on this site. No animals will be on the site. 5.f. Kind of vehicles (type, size,weight)that will access this site and how often. Water transport tucks weighing up to forty (40) tons will visit the site for up to 30 round trips per day. Trucks will visit the site only long enough to fill with water. Initially traffic to and from the site is expected to go south along County Road 89 to County Road 110. No residences exist between the access and County Road 110. Trucks are expected to turn east 95% of the time and west 5% of the time. 5.g. Who will provide fire protection to the site. Grover Rural Fire Department. 5.h. Water source on the property(both domestic and irrigation). Water from multiple wells will be piped onto the site, however, no water is proposed to be provided for utilities nor will bottled water be supplied. The wells will be appropriately permitted for industrial use. 5.1. Sewage disposal system on the property(existing and proposed). The facility will have a port-a-let which will be supplied by Reliable Field Services. The contact information for Reliable Field Services is as follows: P.O. Box 200305 Evans, CO 80620 (970) 539-4201 5.j. If storage or warehousing is proposed what type of items will be stored. Water. 6. Explain the proposed landscaping for the site. No landscaping or screening is being proposed. We believe that the proposal meets Agricultural Policy 9.2. of the Weld County Code which suggests requirements that do not fit the land use for that specific region should be avoided. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. The water tanks and road base will be removed. The area will be seeded with a pasture grass mixture appropriate for the area. 8. Explain how the storm water drainage will be handled on the site. See the attached Drainage Narrative completed by Tamarack Consulting. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Construction will begin immediately upon completion of the USR. Water tanks will be added as the oil and gas industry warrants such expansion. 10. Explain where storage and/or stockpile of wastes will occur on this site. No wastes will be stored on this site. Further, no trash receptacles will be supplied. Trucks visiting this site will be expected to take trash with them. 4,4w C 0+, Weld County Public Works Dept. s .f= 1111 H Street ACCESS PERMIT ..O w P.O. Box 758 46) -k. Greeley, Co 80632 APPLICATION FORM </C NO Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name Tommy D. Raye Name David L. Bashor Company Bashor Loadout, LLC Address 56971 CR 87 Address 9075 CR 10 City Grover State CO Zip 80729 City Fort Lupton State CO Zip 80621 Phone Business Phone (970) 526-7730 Fax Fax E-mail E-mail tommy@watersupplyllc.com ♦= Existing Access 0= Proposed Access Parcel Location &Sketch The access is on WCR 89 Nearest Intersection:WCR 118 Sec line &WCR 89 WCR 118 Section line Distance from Intersection 580' El 4 Parcel Number 0291 17 000009 4 Section/Township/Range 17-10-61 �. Is there an existing access to the property? YES Nco Number of Existing Accesses One 3 co Road Surface Type&Construction Information Asphalt_ Gravel_ Treated Other WCR 116 section line Culvert Size&Type Materials used to construct Access Construction Start Date Finish Date Proposed Use o Temporary(Tracking Pad Required)/$75 o Single Residential/$75 ❑ Industrial/$150 ® Small Commercial or Oil&Gas/$75 o Large Commercial/$150 ❑ Subdivision/$150 o Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? o No ® USR o RE ❑ PUD ®Other SE Required Attached Documents - Traffic Control Plan -Certificate of Insurance -Access Pictures(From the Left, Right,&into the access) By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity;and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances,and state laws regarding facilities construction. Signature OWn Printed Name �\•\C t'c Date )12- Approval or Denial will be Issued in minimum of 5 days. Approved by Revised Date 6/29/10 ® " TAMARACK ..] CONSV,T INC LL.`: BASHOR WATER LOADOUT FACILITY—SITE 2 DRAINAGE NARRATIVE The proposed water loadout facility site is located at the west edge of Weld County Road 89 and the south edge of Weld County Right-of-Way 118. The proposed site is situated on an approximately 660 by 660 foot square at the northeast corner of Section 17,Township 10 North, and Range 61 West. Historically, runoff would trend from the southwest to the northeast.The majority of existing site drainage accumulates in depressions on approximately 7.27 acres of the 9.37-arce site.There is a slight ridge that separates the depressions northeast and a portion of the site on the remaining 2.10 acres that is upland from the depression storage on the site. Existing sheet runoff from southwest offsite drainage and the upland area is diverted along the ridge south to adjacent offsite pasture area.There are no significant drainage features on the site that include ditches, swales, or impoundments. WCR 89 has a roadside ditch along the west property line that does not appear to collect runoff from the site or contribute to site flooding.The FEMA map panel 08 026602 50C is not printed for this site and is therefore not considered a high risk area to flood damage. The proposed water loadout facility will divert the existing drainage from the upland area north along the gravel access road into the sub-basin area of the depression storage.Any offsite sheet runoff from the southwest will follow the perimeter of the gravel drive to the north just as the historical runoff. Major portions of the disturbed site in the depression area will collect runoff in the perimeter ditch for water quality treatment and discharge at the historic low points on the northeast portion of the site. BASHOR WELLS, LLC OPERATING AGREEMENT This Operating Agreement (this "Agreement") is made and entered into effective as of November Iq , 2013, by and among the parties listed as Members on Exhibit A attached, who hereby agree to the following provisions regarding the operations of BASHOR WELLS, LLC (the "LLC"), pursuant to the provisions of the Colorado Limited Liability Company Act (the "Act"). The parties listed on Exhibit A are referred to each individually as a "Member" and collectively as the"Members." ARTICLE 1 GENERAL PROVISIONS 1.1 Name. The name of the LLC shall be BASHOR WELLS, LLC, and the business of the LLC shall be conducted under the LLC name. 1.2 Principal Place of Business, The location of the principal place of business of the LLC shall be at 9075 WCR 10, Ft. Lupton, CO 80621, or such other place as the Manager may from time to time designate. 1.3 Registered Agent and Office. The name and business address of the registered agent of the LLC shall be Chris Zadel, 9075 WCR 10, Ft. Lupton, CO 80621. The Manager of the LLC may, from time to time, designate another agent or office. 1.4 Purpose. The business of the LLC shall be to conduct any business that may lawfully be conducted by a limited liability company formed under the Act. 1.5 Fiscal Year. The LLC's fiscal year shall be the calendar year. 1.6 Single Member. With respect to any tax year during which the LLC has only one Member, it is intended to be a single member disregarded entity pursuant to Sections 301.7701- 2(c)(2) and 301.7701-3 of the Regulations. ARTICLE 2 MEMBERS 2.1 Members' Names and Addresses. The name and address of each Member, the amount and nature of such Member's Capital Contribution and such Member's Percentage Interest is set forth on Exhibit A to this Agreement. The Manager shall cause Exhibit A to be amended from time to time to reflect any change in the Members of the LLC or the receipt by the LLC of notice of the change of address of a Member. Each amended Exhibit A shall supersede all prior Exhibit A's and become part of this Agreement and shall be kept on file at the office of the LLC. {W0909341 CGE} purpose whatsoever without the prior written consent of all Members, which consent may be withheld in the Members' sole and absolute discretion. ARTICLE 3 MANAGER 3.1 Manager; Powers. The property and business of the LLC shall be managed by a Board of Managers, who may be either natural persons or legal entities. If the Managers are natural persons, they shall be eighteen years of age or older but need not be Members of the LLC nor residents of the State of Colorado. The Board of Managers may exercise all such powers and do all such lawful acts and things as are not prohibited by statute, or by the Articles of Organization, or by this Agreement. The Managers may receive such fees as may be permitted by this Agreement, or as determined by appropriate resolution of the Board of Managers. A vote of the majority of Managers shall be an act of the Board of Managers. 3.2 Election, Tenure and Qualification. The Member hereby agrees that the initial members of the Board of Managers shall be Chris Zadel and Tommy D. Raye. The number of Managers who shall constitute the whole Board of Managers shall be fixed from time to time by resolution of the Board of Managers and hi accordance with the Articles of Organization. Managers shall serve until their successors have been duly elected and qualified or until their earlier death,resignation or removal. 3.3 Indemnification. In the event of any loss, liability or claim against the Manager relating to the activities of the LLC, including any payments made or personal liabilities reasonably incurred by the Manager in the ordinary and proper conduct of the LLC business, or in the preservation of the LLC's business or property, the LLC shall indemnify and hold harmless the Manager for any such loss, liability claim, or payment, including reasonable attorneys' fees; provided, however, that this indemnity shall not extend to conduct not undertaken in good faith to promote the best interest of the LLC, nor to any recklessness or willful misconduct; and, provided further, that this indemnification shall be limited to the total assets of the LLC. 3.4 Non-Liability, The Manager shall not be liable to any Member or the LLC for honest mistakes in judgment or for action or inaction, taken in good faith for a purpose that was reasonably believed to be in the best interests of the LLC, or for losses due to such mistakes, action or inaction, or to the negligence, dishonesty or bad faith of any employee, broker or other agent of the LLC, provided that such employee,broker or agent was selected, engaged or retained and was supervised with reasonable care. ARTICLE 4 CAPITAL CONTRIBUTIONS Each Member shall contribute to the LLC capital as set forth opposite his, hers, or its name in Exhibit A hereto (such Member's "Capital Contribution"), and shall be deemed a member for the purpose of allocation of profits, losses and distributions as of the date of such contribution. No Member shall be required to make additional capital commitments to the LLC. {W0909347 COE) 3 ARTICLE 5 LLC ALLOCATIONS 5.1 Profits. Profits for any fiscal year shall be allocated to the Members based upon the Percentage Interests set forth on Exhibit A, and their period of ownership of such Percentage Interest. 5.2 Losses. Losses for any Fiscal Year shall be allocated to the Members based upon the Percentage Interests set forth in Exhibit A, and their period of ownership of such Percentage Interest. ARTICLE 6 RELATED PARTY TRANSACTIONS Except as otherwise provided herein, a Member or a Manager may lend money to, act as surety for, and transact other business with the LLC and, subject to the applicable law, has the same rights and obligations with respect thereto as a person who is not a Member or Manager. ARTICLE 7 EXPENSES AND MANAGERS' COMPENSATION 7.1 Expenses. All expenses incurred in connection with the formation, organization, and operation of the LLC shall be borne by the LLC (including, but not limited to, Managers' fees, salaries, wages, and fees of lawyers, accountants and other professionals). 7.2 Reimbursement of Managers and Members. In the event that. Manager(s) or Members advance funds for expenses incurred in managing operations of the LLC or in acting on behalf of the LLC,the LLC shall promptly reimburse Manager(s) and/or Members. 7.3 Manager Compensation. The Manager shall receive reasonable compensation for his services. Such compensation shall reflect his efforts to fulfill the LLC's wind project management goals, including capital raised to achieve such goals, and may include up to 8% of such capital. ARTICLE 8 WITHDRAWALS; DISTRIBUTIONS 8.1 Withdrawals. No Member may withdraw any amount from the LLC without the consent of the Manager. 8.2 Distributions. To the extent available from the LLC's then-current cash flow, as determined by the Manager, the LLC may distribute to the Members an aggregate amount of additional cash and other property of the LLC as determined by the Manager, allocated among the Members in accordance with their respective Percentage Interests. {W0909347 COE} 4 ARTICLE 9 DISSOLUTION AND LIQUIDATION OF TIIE LLC 9.1 Dissolution. The LLC shall be dissolved by the Manager or by unanimous written agreement of all Members. 9.2 Dissolution Procedures. Upon dissolution of the LLC: (a) The affairs of the LLC shall be wound up and terminated under the direction of the Manager. (b) The proceeds of liquidation shall be distributed by the LLC in payment of its liabilities in the appropriate priority. (c) Any remaining amounts shall be distributed to the Members in accordance with each Member's Percentage Interest. 9.3 Return on Investment. All Members shall look solely to the assets of the LLC for the return of their respective Capital Contributions, and none of them shall have any claims against any of the other Members related thereto. ARTICLE 10 FINANCIAL ACCOUNTING AND REPORTS 10.1 Supervision; Inspection of Books. Proper and complete books of account of the activities of the LLC shall be kept under the supervision of the Manager at the principal place of business of the LLC. Such books shall, upon reasonable notice to the Board of Managers, be open to inspection by any Member or its accredited representative, and to copying by such Member or representative at any reasonable time during normal business hours. 10.2 Banking. A deposit account or accounts in the name of the LLC shall be maintained at such bank or banks as the Manager may select from time to time hereafter. ARTICLE 11 RESTRICTIONS ON TRANSFER The transferee of an interest in the LLC transferred without the consent of the Manager (including, but not limited to, any involuntary transfers and any transfers pursuant to any, bankruptcy proceedings, but not including death or insanity) (an "Unauthorized Transfer") shall not be entitled to vote on matters brought before the Members of the LLC. ARTICLE 12 MEMBERS' REPRESENTATIONS 12.1 Investment Representation. In acquiring an interest in the LLC, each Member represents and warrants to the LLC that the Member is acquiring that interest for the Member's {W0909347 CGE} 5 own account for investment purposes only and not with a view to its sale or distribution, except as any transfer or distribution may be specifically authorized in this Agreement. Each Member recognizes that an interest in the LLC is speculative and involves substantial risk. Each Member further represents and warrants that neither the LLC, nor the Manager has made any guaranty or representation upon which that Member has relied concerning the possibility or probability of profit or loss as a result of his or her ownership of a membership interest in the LLC. 12.2 Opportunity to Consult. Member further represents and warrants that (a) Member has had sufficient opportunity to obtain and consult with independent legal counsel and such other professional advisers as it deems necessary or appropriate regarding this Operating Agreement and Member's purchase of an LLC interest hereunder, and (b) Member understands that the legal counsel for the LLC or the Manager does not represent Member in connection with the purchase of the LLC interest, and that Member has not been given and has not relied on any advice or opinion of such counsel. ARTICLE 13 MISCELLANEOUS 13.1 Documents. Each of the Members agrees to execute such certificates, counterparts, instruments, documents and amendments thereto as may from time to time be required under applicable law for the formation of the LLC. 13.2 Binding Agreement. This Agreement shall survive the formation of the LLC, shall be binding on the assignees and legal successors of the LLC Members, and shall be governed by and construed in accordance with the internal laws, and not the law of conflicts, of the State of Colorado. 13.3 Entire Agreement; Captions. This Agreement constitutes the entire agreement of the parties and supersedes all prior written and verbal agreements among the Members with respect to the LLC. Descriptive titles are used for convenience only and shall not be considered in the interpretation of this Agreement. 13.4 LLC Name. The LLC shall have the exclusive ownership and right to use the LLC name as long as the LLC continues, despite the withdrawal (for whatever reason) of any Member. No value shall be placed upon the name or the goodwill attached to the LLC name for the purpose of determining the value of any Member's Capital Account or interest in the LLC. 13.5 Amendment of Operating Agreement and Articles of Organization. Except as otherwise expressly provided herein, the provisions of this Operating Agreement and the Articles of Organization of the LLC may be amended only with the written consent of Members holding a majority of the Percentage Interest. * * * * {W0909347 COE} 6 IN WITNESS WHEREOF, THE BELOW NAMED PARTIES, BY THEIR SIGNATURES, REPRESENT THAT HE OR SHE HAS READ THIS ENTIRE AGREEMENT, INCLUDING ALL INCORPORATED DOCUMENTS REFERENCED HEREIN; THAT THE UNDERSIGNED FULLY UNDERSTANDS ALL OF THE TERMS, CONDITIONS AND OBLIGATIONS SET FORTH THEREIN; AND AGREES TO BE BOUND THEREBY. MEMBER: WATER SUPPLY, LLC, a Colorado limited liability company By: e.itt.- Chris Zadeler Tommy D. Ray; Manager MANAGERS: ,�,,-1- � Chris Zadel ekA Tommy D. Raye {W0909347 CGE} 7 EXHIBIT A SCHEDULE OF MEMBERS CAPITAL PERCENTAGE NAME AND ADDRESS CONTRIBUTION INTEREST Water Supply, LLC Past and future business 100% concept,development, management and promotion TOTAL 100% {W0909347 CUE) 8 ARTICLES OF ORGANIZATION OF BASHOR WELLS,LLC The undersigned natural person of the age of eighteen (18) years or more, acting as organizer of a limited liability company under the Colorado Limited Liability Company Act, adopts the following Articles of Organization for such limited liability company. FIRST: The name of the limited liability company is: BASHOR WELLS,LLC SECOND: The limited liability company is organized for any legal and lawful purpose pursuant to the Colorado Limited Liability Company Act. THIRD: The address of the initial registered office of the limited liability company is: 9075 WELD COUNTY RD.10 FORT LUPTON,CO 80621 The name of its initial registered agent at such address is: CHRIS ZADEL FOURTH: The address of the principal place of business is: 9075 WELD COUNTY RD.10 FORT LUPTON,CO 80621 FIFTH: The management of the limited liability company shall be vested in the Managers. SIXTH: The names and business addresses of the Managers are: CHRIS ZADEL 9075 WELD COUNTY RD.10 FORT LUPTON,CO 80621 TOMMY D.RAYS 9075 WELD COUNTY RD.10 FORT LUPTON,CO 80621 SEVENTH: The name and address of the organizer is: CLARK C.ED WARDS 921 WALNUT STREET,SUITE 200 BOULDER,COLORADO 80302 The name and mailing address of the individual who causes this document to be delivered for filing and who the Secretary of State may contact regarding this document is: Clark G.Edwards/Hutchinson Black and Cook,LLC /921 Walnut Street,Suite 200/Boulder,Colorado 80302/voice: (303)442-6514/fax: (303)442-6593. {W0909354 CGE} Hello