HomeMy WebLinkAboutC03-272 Upper Eagle Regional Water Authority - Water Rights Agreement
WATER RIGHTS AGREEMENT
This Agreement dated this 1(o~day o~ = o E6~t~ ~ 2003, is among the Upper
Eagle Regional Water Authority, aquasi-municipal corporation and political subdivision of the
State of Colorado ("the Authority"); the Edwards Metropolitan District, aquasi-municipal
corporation and political subdivision of the State of Colorado (the "Metropolitan District");
Eagle County, Colorado, a political subdivision of the State of Colorado, by and through its
Board of County Commissioners (the "County"); and the Eagle County School District RE-SOJ, a
public school district of the State of Colorado (the "School District").
RECITALS
A. The County and the School District are developing the Miller Ranch-Berry Creek
project (the "Project"), a 214-acre mixed-use site dedicated to affordable housing, public schools
and recreational areas, located in Sections 3, and 4, T. 5 S., R. 82 W. of the 6th P.M., Eagle
County, Colorado.
B. The Project is divided into two general components. A portion of the Project
known as the "Miller Ranch" is located within the service area of the Metropolitan District and is
comprised of 109 acres that will include single and multi-family affordable housing units and
three public schools. A legal description of the Miller Ranch component is attached as Exhibit
A.
C. The remaining component of the Project, known as the "Berry Creek" component,
is located within the boundaries of the Berry Creek Metropolitan District. Because the Berry
Creek Metropolitan District has a decreed augmentation plan in Case No. W-3999, Water
Division 5, that allows municipal, domestic, irrigation, fire protection, livestock water, and all
other beneficial uses within the Berry Creek component, water service to the Berry Creek portion
of the Project will be provided by the Authority without any additional water right dedications for
that portion of the Project.
D. The Authority is aquasi-municipal corporation established pursuant to an
Intergovernmental Agreement dated September 18, 1984, among the Metropolitan District, the
Arrowhead Metropolitan District, the Town of Avon as successor to the Avon Metropolitan
District, the Beaver Creek Metropolitan District, the Berry Creek Metropolitan District, and the
Eagle-Vail Metropolitan District. The Authority is the owner or lessee of the water rights and
facilities that provide water service by contract to existing developments within the Metropolitan
District's service area.
E. The developers of new projects seeking water service from the Metropolitan
District and Authority must comply with the Authority's Water Dedication Policy, as adopted on
February 22, 2001, and amended on October 25, 2001 (the "Water Dedication Policy"), and other
requirements of the Authority.
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F. The Water Dedication Policy requires in part that third-parties seeking new water
service must dedicate to the Authority one hundred and twenty percent of the water rights
required to serve the developed property (the "120% Rule"), or provide a cash payment of equal
market value in lieu of such water rights.
G. The parties desire to enter into an agreement whereby the County and the School
District convey certain water rights and assign certain reservoir company shares (collectively, the
"Water Rights") to the Authority to comply with the Water Dedication Policy, and meet such
other requirements of the Authority to obtain water service from the Authority and the
Metropolitan District for the Miller Ranch component of the Project.
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Agreement, the sufficiency of which is hereby acknowledged, the Authority, the Metropolitan
District, the County, and the School District agree as follows:
1. School District Conveyance and Drv-Up Reauirement:
A. Water Rieht Conveyance: Simultaneous with the execution of this Agreement,
the School District shall convey to the Authority by special warranty deed 18.38 consumptive
acre-feet of the 140.25 acre-feet of historic consumptive use credits quantified by the District
Court in and for Water Division No. 5, State of Colorado (the "Water Court"), in Case Nos.
93CW l 89 and 96CW373, as being attributable to 3.29 c.f.s. of the 13.17 c.f.s. in the O'Neill &
Holland Ditch First Enlargement, Priority No. 404, decreed by the Eagle County District Court in
Case No. CA963 with an appropriation date of June 8, 1907, and an adjudication date of October
3, 1936, the source of which is the Eagle River, which historic consumptive use results from the
irrigation of 85 acres generally located in the SW1/4 of Sec. 3 and SE1/4 of Sec. 4, T.SS., R.82
W. of the 6th P.M., Eagle County, Colorado. The monthly distribution of this 18.38 consumptive
acre-feet and pro-rata flow rate shall be as set forth in the attached Exhibit. B.
B. Drv-up Requirement: In order to accomplish the conversion of the School
District's 18.38 acre-feet of consumptive use water to municipal use by the Authority and the
Metropolitan District, it may be necessary to demonstrate that 24.88 acres of land historically
irrigated with the water right identified in paragraph 1.A. above have been permanently removed
from irrigation. The School District agrees that the irrigation of 24.88 acres of land in Tract D,
Miller Ranch/Berry Creek Subdivision, that have been historically irrigated with the School
District's O'Neill & Holland Ditch First Enlargement water right, shall be permanently
discontinued. Tract D is currently being developed for residential purposes, and the School
District's engineers have determined that a total of 25.33 acres of the historically irrigated lands
have been or will be permanently removed from irrigation as a result of this development. To the
extent that any portion of that land is used for lawns, gardens, or other landscaping, it will be
irrigated with treated water delivered by the Authority and the Metropolitan District or with
water other than the School District's O'Neill & Holland Ditch First Enlargement water right.
The general location of the 25.33 acres permanently removed from irrigation on Tract D, which
were historically irrigated with the School District's O'Neill and Holland Ditch First
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Enlargement water right, is shown on attached Exhibit C. The parties acknowledge that the
specific location may be modified so long as the total area is not less than 24.88 acres. The
parties further acknowledge that this dry-up acreage is separate and distinct from the 23.27 acres
identified by the County as dried-up under paragraph 2.B. below. The School District reserves
any historic use credit from Tract D in excess of 24..88 acres, and all other portions of the Miller
Ranch, that were historically irrigated with the School District's ONeill & Holland Ditch First
Enlargement water right.
County Conveyance and Dry-Up Requirement:
A. Water Right Conve ay nce: Simultaneous with the execution of this Agreement,
the County shall convey to the Authority by special warranty deed 14.70 consumptive acre-feet
of the 160.9. acre-feet of historic consumptive use credits quantified by the Water Court in Case
No. W-3999, as being attributable to 5.27 of the 11.92 c.fs. in the Howard Ditch First
Enlargement, Priority No. 385, decreed by the Eagle County District Court in Case No. 963 with
an appropriation date of June 13, l 899, and an adjudication date of October 3, 1936, the source
of which is the Eagle River, which historic consumptive use results from the irrigation a portion
of the 51.6 acres generally located in the SW 1/4 and SW 1/4 NW 1/4 of Section 4, T. 5 S., R. 82
W. of the 6th P.M., Eagle County, Colorado. The monthly distribution of this 14.70 consumptive
acre-feet and pro-rata flow rate shall be as set forth in the attached Exhibit D.
B. Dry-up Requirement: In order to accomplish the conversion of the County's
14.70 acre-feet of consumptive use water to municipal use by the Authority and the Metropolitan
District, it maybe necessary to demonstrate that 23.27 acres of land historically irrigated with the
water right identified in paragraph 2.A. above have been permanently removed from irrigation.
The County agrees that the irrigation of 23.27 acres of land within portions of Tracts A, B, C and
D, and a portion of Miller Ranch Road in the Miller Ranch/Berry Creek Subdivision, that have
been historically irrigated with the County's Howard Ditch First Enlargement water right shall be
permanently discontinued. Tracts A, B, C and D are currently being developed for recreational,
educational and residential purposes, and the County's engineers have determined that a total of
23.27 acres of the historically irrigated lands have been or will be permanently removed from
irrigation as a result of this development and construction of impervious ornon-irrigated surfaces
such as roads, parking lots, artificial turf, trails, etc. The general location of the 23.27 acres
permanently removed from irrigation on Tracts A, B, C and D and Miller Ranch Road, which
were historically irrigated with the County's Howard Ditch First Enlargement water right is
shown on the attached Exhibit E. The parties acknowledge that the specific location may be
modified during build-out, so long as the total area removed from irrigation is not less than 23.27
acres. The parties further acknowledge that thisdry-up acreage is separate and distinct from the
25.33 acres identified by the School District as dried-up under paragraph 1.B. above. The
County reserves any historic use credit from the remaining portions of Tracts A, B, C and D and
all other portions of the Berry Creek Ranch that were historically irrigated with the County's
Howard Ditch First Enlargement water right.
3. County Assignment: Simultaneous with the execution of this Agreement, the County
shall assign to the Authority, free and clear of all liens and encumbrances, 260 shares of Class A,
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Series 2 stock in the Eagle Park Reservoir Company entitling the Authority to:the annual release,
diversion, use and reuse of up to 26.0 acre-feet of water from the Eagle Park Reservoir. Eagle
Park Reservoir is a water storage facility located in the headwaters of the East Fork of the Eagle
River that is owned by the Eagle Park Reservoir Company. Eagle Park Reservoir has a firm yield
of 2.013 acre feet that is allocated to the shareholders of the Eagle Park Reservoir Company
based on one acre-foot per ten shares of stock.
4. Partial Waiver of the 120% Rule: In light of the public purposes of the Project, the
Authority an3 the Metropolitan District agree that the conveyances and assigtu~nent provided for
herein are deemed to comply fully with the requirements of the Water Dedication Policy. To the
extent additional water might be deemed necessary to meet the 120% Rule, the Authority and the
Metropolitan District waive any further compliance with the 120% Rule.
5. Water Service Commitment: ]n further consideration of the conveyances and assignment
of the water rights described herein and the provisions of paragraph 6 below, the Authority
agrees to provide sufficient water to the Project on the same basis as other users within the
Authority's service area to meet the construction, residential, municipal, irrigation, recreation
and other incidental demands within the Miller Ranch component of the Project. The
Authority's water service commitment hereunder, however, shall be limited such that the overall
depletions from such water supply shall not exceed 26.0 acre-feet during the period November
through April, and 33.08 acre-feet during the period May through October.
6. Augmentation Plan Adiudication:
A. The parties recognize and agree that in order to provide a dependable legal water
supply to meet the water requirements of the Miller Ranch component of the Project, the water
rights dedicated and assigned pursuant to this Agreement must be changed and incorporated into
a plan for augmentation and exchange approved by the Water Court. To this end, the Authority
has filed with the Water Court an Application for Water Rights, Change of Water Rights and
Approval of Plan for Augmentation and Exchange, which has been denominated Case No.
02CW403 (the "Application").
B. The County and the School District shall reimburse the Authority for all past and
future costs and fees associated with the preparation and adjudication of the Application,
including the use of outside engineering consultants and attorneys used in connection therewith.
The County and the School District shall each be responsible fo 50 percent of such costs and
fees. The Authority will provide each month to the County and School District a statement of
costs and fees incurred as part of adjudicating the Application. The County and the School
District shall reimburse the Authority within thirty days of receiving such a monthly statement.
C. The Authority will keep the County and the School District informed as to the
status of the adjudication of the Application. To the extent required, the County and the School
District shall provide the Authority with any supporting testimony regarding the historic use of
the Water Rights conveyed pursuant to this Agreement and the uses of water in connection with
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the Project. The County and the School District agree that they will not oppose entry of a decree
in Case No. 02CW403, provided it is not inconsistent with the terms of this Agreement.
7. Return Flows: The County and School District each acknowledge that it has no right to
the use or reuse of return flows resulting from the Water Rights conveyed and assigned
hereunder. The right to .such return flows are expressly claimed in paragraph S.D. of the
Application, and remain with the Authority. To the extent the Water Court grants the Authority
the right to use the return flows in connection with the adjudication of the Application, the
Authority will reasonably'~consider requests by the County or School District for the future;use of
such return flows on a case-by-case basis. The County and the School District further
acknowledge that the future allocation of any return flows to the County or School District. shall
be determined by the Authority in accordance with its regulations and policies.
8. Excess Consumptive Use Credits: The Authority acknowledges that in months other
than September, the dry-up requirements described in paragraphs 1.B. and 2.B. above may
generate excess consumptive use credits beyond the monthly dedication requirements described
in Exhibits B and D. To the extent that such excess credits exist, the Authority and the
Metropolitan District acknowledge that the County and School District maintain the right to the
full use and ownership of such excess credits.
9. Miscellaneous:
A. This Agreement may not be amended nor any rights hereunder waived except by
an instrument in writing signed by the parties sought to be charged with such amendment or
waiver.
B. This Agreement shall be interpreted in accordance with and governed by the laws
of the State of Colorado. The forum for resolution of any and all disputes arising hereunder shall
be the District Court in and for Eagle County, State of Colorado.
C. The paragraph headings herein are inserted for convenience of reference only and
do not define, limit or prescribe the scope of this Agreement.
D. The parties agree to execute such additional documents as may be reasonably
required to implement the terms of this Agreement.
EXECUTED as of the date first set forth above.
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UPPER EAGLE REGIONAL WATER
AUTHORITY, aquasi-municipal corporation of
the State of Colorado,
By:
Name: o E~@,~ A ale e,.JIP..
E ~
Title: (,!f i~n~~ ~ I~EI~ ls~/~
•
EAGLE COUNTY, COLORADO, a political
subdivision of the State of Colorado, by and
through its B d of Co ty Co ~ssioners,
Michael L. Gallagher, Cha'
oner
EDWARDS METROPOLITAN DISTRICT, a
quasi-municipal corporation and political
subdivision of the State of Colorado,
By:
Name: lE~~~3E~e'( ~rJA~ ~E ,~ -~_~:
Title: ~/c~ ~~S~r,~,~lT: EX7r,J~a~b~
M~r~ol°ou ~5Y'~~cT
Commissioner
~'J. Simonton, Clerk to the Eagle County
Board of Commissioners
EAGLE COUNTY SCHOOL DISTRICT RE-
SOJ, apublic school district of the State of
Colorado,
a
By:
Name: Barb S hierkolk
Title: President.. Board of Education
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•
STATE OF COLORADO )
ss.
COUNTY OF )
t~-
The f regoin ~gnstrument was aclcno e~l~ed before me this ~ day of r
2003, by 6"u~ ~ as C , ~b~ vT of the UPPER EAGLE
REGIONAL WATER AU RITY, aquasi-municipal corporation and political subdivision of the
State of Colorado .
My commission expires dol.
Witness my hand and official seal.
STATE OF COLORADO )
) SS.
COUNTY OF ~ ~ )
The oregoing instrument was aclcnowl dged before me this ~ day of .Q~ ,
2003, by /~ ~liGE - ~ tb~~ I' of the EDWARDS
METROPOLITAN DISTRICT, quasi-municipal corporation and political subdivision of the State
of Colorado .
My commission expires ~ 1~,~00,ta
Witness my hand and official seal.
No
~ g,TRUEe~
O
~!: SOT AAA:. oa
1 s
i
jo
N~r~ = •°, 1, i 8 ~ ~~ •' oQ~
OF GQv
MY COMMiSSI~i
EXPIRES MAY 18,2006 ~
~aoos9 Page 7 of 17
MY coMnn~ssioa
EXPIA~S MAY 18, 20~ ~
~~ i ~
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ~~ day of s~ ~ ,
2003, by IU) ~t.Gu,~~~~,~4{t~~as{y 1~vd •1 Cer~t~xi (,~,~Mof EAGLE COUNTY
COLORADO, a political subdivision of the State f Color do.
My commission expires ~ ~ ~~ o.~ ~ ~~M~ ~~ant acrd ~vN NleacoKi
Witness my hand and official seal.
~~Z A R 1'~AG
:~
JgNjC qr
~' SCOFF Fk. : n
~~; FAO
o,~•-
STATE OF COLORADO
COUNTY OF ~
)
ss.
Notary
Th foregoing instrument was acknowledged before me this D~day of ,
2003, by as ('e~~~Yl~ of the EAGLE COUNTY
SCHOOL DISTRICT RE-SOJ, a public school district of the State of Colorado.
My commission expires
Witness
wc~uo~
~~
official seal.
Not
jd0089 Page ~ of 17
C
EXHIBIT A
MILLER RANCH LEGAL DESCRIPTION
PARCEL A OF MILLER RANCH:
A parcel ~~f°land located in the South 1/2 of Section 3 and the South 1/2 of section 4, Township 5
South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, more particularly
described as follows:
Beginning at a point on the Northerly Right-of--Way of the Denver and Rio Grande Western Railroad
and on the Westerly line of Section 3 from which the Southwest Corner of Section 3 bears S O1
decrees 25'43" W 688.56 feet;
thence departing from the West line of Section 3 and continuing along the Northerly Right-of--Way
of the Denver and Rio Grande Railroad Right-of--Way N 86 degrees 37'36" E 122.10 feet;
thence along a curve to the left an arc length of 568.60 feet, with a radius of 2764.79 feet and a
central angle of I 1 degrees 47'00";
thence N 74 degrees 50'36" E 2110.57 feet to a point on the East line of the West 1/2 Section 3;
thence along the center section line S 00 degrees 45'59" W 47.32 feet;
thence departing from the center section line N 74 degrees 48'41" E 207.34 feet;
thence along a curve to the right an arc length of 95.33 feet having a radius of 1482.60 feet and a
central angle of 03 degrees 41'02" to a point common to the Northerly Right-of--Way of the Denver
and Rio Grande Railroad and the Southerly Right-of--Way of Interstate 70;
thence departing from the Railroad Right-of--Way and continuing along the Interstate 70 Right-of-
Way S 88 degrees 26'31 " W .703.20 feet;
thence S 84 degrees 37'31" W 300.70 feet;
thence N 64 degrees 59'29" W 111.80 feet;
thence S 88 degrees 26'31" W 700.00 feet;
thence S 78 degrees 59'01" W 304.10 feet;
thence N 87 degrees 53'59" W 893.80 feet;
thence N 87 degrees 57'59" W 153.50 feet;
thence along a curve to the right an arc length of 501.48 feet having a radius of 2441.80 feet and a
central angle 11 degrees 46'01 ";
thence N 73 degrees 33'29" W 309.80 feet;
thence N 73 degrees 20'29" W 1363.20 feet;
thence N 66 degrees 18'29" W 367.60 feet;
thence along a curve to the right an arc length of 103.37 feet with a radius of 1787.00 feet and a
central angle of 3 degrees l 8'52" to the West line of the East 1/2 of Section 4; thence departing from
the Interstate 70 Right-of--Way and continuing along the center section line S O1 degrees 23'01" W
211.79 feet;
thence departing from the center section line S 64 degrees 06'54" E 76.53 feet;
thence S 07 degrees 54'43" W 1109.48 feet;
thence along a curve to the left an arc length of 60.70 feet with a radius if 1809.86 feet and a central
angle of O1 degrees 55'16" to a point in the West line of the East 1/2 of Section 4;
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thence along the center section line S 01 degrees 23'0]" W 53.27 feet to a point on the Northerly
Right-of--Way of The Denver and Rio Grande Western Railroad Right-of--Way;
thence departing from the center section line and continuing along the Northerly Railroad Right-of-
Way along a curve to the left an arc length of 800.23 feet with a radius of 1859.86 feet and a central
angle of 24 degrees 39'08";
thence N 86 degrees 37'36" E 1917.70 feet to a point on the East line of Section 4;
thence continuing along the Section line and the Railroad Right-of--Way N O1 degrees 25'43" E 50.18
feet To The Point Of Beginning.
EXCEPTING THEREFROM the "SHANNON TRACT" located in the Southwest Quarter of
Section 3, and the Southeast Quarter of Section 4, Township 5 South, Range 82 West of the Sixth
Principal Meridian, Eagle County, Colorado, more particularly described as follows:
Beginning at a brass cap from which the Southeast Corner of Section 4 bears S O1 degrees
29'06" W 1041.07 feet;
thence S 89 degrees 31'21 " W 59.50 feet to a brass cap;
thence N 02 degrees 13'18" E 60.02 feet to a brass cap;
thence N 89 degrees 42'26" E 59.33 feet to a brass cap;
thence S. 02 degrees 04'06" W 59.82 feet To The Point Of Beginning.
ALSO EXCEPTING THEREFROM the "CEMETERY" located in the Southwest Quarter of Section
3, and the Southeast Quarter of Section 4, Township 5 South, Range 82 West of the Sixth Principal
Meridian, Eagle County, Colorado; more particularly described as follows:
Beginning at a fence corner from which the Southeast Corner of Section 4 bears S O1 degrees
22' 18" W 915.23 feet;
thence along a fence line N 02 degrees 25'52" E 402.43 feet to a fence corner;
thence S 88 degrees 08'44" E 110.78 feet to a fence corner;
thence S 02 degrees 21'29" W 399.34 feet to a fence corner;
thence N 89 degrees 43'58" W 111.36 feet To The Point Of Beginning.
AND FURTHER EXCEPTING:
THE GREEN TRACT,
according to the Exemption Plat recorded September 21, 1994, in Book 650, at Page 659, as
Exception No. 546698.
PARCEL C
A Parcel of Land located in the South 1/2 of Section 4, Township 5 South, Range 82 West of the
Sixth Principal Meridian, Eagle County, Colorado, more particularly described as follows:
Beginning at a point on the East line of Section 4 on the South Bank of the Eagle River from which
the Southeast Corner of Section 4 bears S O1 degrees 25'43" W 372.44 feet;
thence along the South Bank of the Eagle River N 74 degrees 05'00" W 133.64 feet;
thence S 86 degrees 20'00" W 119.00 feet;
thence S 64 degrees 45'00" W321.40 feet;
thence departing from the South Bank of the Eagle River N 21 degrees 10'24" W 75.00 feet;
thence S 74 degrees 58'36" W 159.94 feet;
thence N 14 degrees 29'24" W 110.20 feet;
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thence N 77 degrees 17'36" E 149.00 feet;
thence N 20 degrees 37'24" W 73.10 feet to a point on the South Right-of--Way of the Denver and .
Rio Grande Western Railroad;
thence along the Railroad Right-of Way N 86 degrees 37'36" E 632.72 feet to a point on the East line
of Section 4;
thence departing from the Railroad Right-of--Way and continuing along the East line of Section 4 S
O1 degrees 25'43" W 169.59 feet To The Point Of Beginning.
PARCEL D:
A parcel of land located in the South 1/2 of Section 3, Township 5 South, Range 82 West of the
Sixth Principal Meridian, Eagle County, Colorado, more particularly described as follows:
Beginning at a point on the Southerly Right-of--Way of The Denver and Rio Grande Western
Railroad and on the North Bank of The Eagle River from which the Southwest Corner of Section 3
bears S 10 degrees 23'36" W 500.52 feet;
thence along the Railroad Right-of--Way N 86 degrees 37'36" E 60.63 feet;
thence along a curve to the left an arc length of 609.73 feet with a radius of 2964.79 feet and a
central angle of 11 degrees 47'00";
thence N 74 degrees 50'36" E 2053.52 feet to a point on the West line of the Southeast 1/4 Section 3;
thence along the center section line N 00 degrees 45'59" E 56.65 feet;
thence departing from the center section line and continuing along the Railroad Right-of--Way N 74
degrees 48'41" E 235.93 feet;
thence along a curve to the right an arc length of 444.01 feet, with a radius of 1382.60 feet and a
central angle of 18 degrees 24'00";
thence along a curve to the right an arc length of 382.47 feet, with a radius of 5679.70 feet and a
central angle of 03 degrees 5.1'30";
thence along a curve to the right an arc length of 319.35 feet with a radius of 905.40 feet and central
angle of 20 degrees 12'33" to a point on the West line of the East 1/2 Southeast 1/4 Section 3;
thence departing from the Railroad Right-of--Way and continuing along the West line of the East 1/2
Southeast 1/4 Section 3 S 00 degrees 27'59" W 72.00 feet to the North Bank of the Eagle River;
thence departing from the West line of the East 1/2 Southeast 1/4 Section 3 and continuing along the
North Bank of the Eagle River N 59 degrees 45'46" W 193.28 feet;
thence N 80 degrees 17'43" W 196.15 feet;
thence S 85 degrees 22'49" W 411.02 feet; .
thence S 68 degrees 55'22" W 254.10 feet;
thence N 75 degrees 51'32" W 102.36 feet;
thence S 22 degrees 56'44" W 328.27 feet;
thence S 55 degrees 44'10" W 255.99 feet;
thence N 84 degrees 59'43" W 432.05 feet;
thence S 75 degrees 38'23" W 444.81 feet;
thence S 60 degrees 24'08" W 542.07 feet;
thence N 79 degrees 56' 14" W 417.17 feet;
thence S 86 degrees 49'25" W 242.25 feet;
thence S 71 degrees 36'56" W 232.12 feet;
thence N 64 degrees 08'32" W 382.04 feet To The Point Of Beginning.
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RESERVING, a nonexclusive perpetual easement over, along and across the existing county road,
commonly known as "Graveyard Road," beginning at Winslow Road in Benry Creek Ranch, Filing
No. 2, passing under and through the Interstate 70 right of way, and continuing to a southerly
extension of the eastern boundary line of the Green Tract, and the land, if any, lying between such
road and the Green Tract for access and utility service to the Green Tract.
COUNTY OF EAGLE
STATE OF COLORADO
NORTH PARCEL
That portion of the 200 foot wide right-of--way of Southern Pacific Transportation Company
located in the Southwest Quarter of Section 3, Township 5 South, Range 82 West of the Sixth
Principal Meridian, Eagle County, Colorado, being more particularly described as follows:
Beginning at a point on the west line of said Southwest Quarter Section 3, from which the
southwest corner of Section 3 bears S 02°04'33" W, 638.40 feet, said point being 50.00 feet
northerly, measured as right angles from the center line of Southern Pacific Transportation
Company's main track; thence N 02°04'33" E, along said West line of the Southwest Quarter of
Section 3, a distance of 50.18 feet to the northerly right-of--way line of said 200 foot wide right-of-
way; thence departing said West line and easterly along said northerly right-of--way line, being
parallel and concentric with and distant 100.00 feet northerly, measured at right angles and radially
from said center line, the courses and curvature of said northerly right-of--way line as follows:
N 87° 16'26" E, 122.10 feet; 568.60 feet along the arc of a curve to the left, having a radius of
2764.79 feet, a central angle of 11 °47'00", and a long chord which bears N 81°22'56" E, 567.60 feet;
and N 75°29'26" E, 2110.57 feet to the east line of said Southwest Quarter of Section 3, thence
departing said northerly right-of--way line, S O1 degrees 24'49" W along said east line, 52.00 feet to a
line that is parallel and concentric with and distant 50.00 feet northerly, measured at right angles and
radially from said center line; thence departing said east line and westerly along last said parallel and
concentric line, the courses and curvature thereof as follows:
S 75°29'26" W, 2096.31 feet; 578.88 feet along the arc of a curve to the right, having a radius of
2814.79 feet, a central angle of 11 degrees 47'00'.', and a long chord which bears S 81°22'56" W,
577.86 feet; and S 87° 16'26" W 126.30 feet to the Point of Beginning.
This parallel contains 3.216 acres, more or less.
SOUTH PARCEL
That portion of the 200 foot wide right-of--way of Southern Pacific Transportation Company
located in the Southwest Quarter of Section 3, Township 5 South, Range 82 West of the Sixth
Principal Meridian, Eagle County, Colorado, being more particularly described as follows:
Beginning at a point on the west line of said Southwest Quarter of Section 3, from which the
southwest corner of Section 3 bears S 02°04'33" W, 487.86 feet, said point being 100.00 feet
southerly, measured at right angles from the center line of Southern Pacific Transportation
Company's main track, thence N 02°04'33" E along said west line of the Southwest Quarter of
Section 3, a distance of 50.17 feet to a line that is parallel and concentric with and distant 50.00 feet
southerly, measured at right angles and radially from said center line; thence departing said west line
and easterly along said parallel and concentric line, the courses and curvature thereof as follows:
~aoos9 Page 12 of 17
N 87°16'26" E, 134.70 feet; 599.45 feet along the arc of a curve to the left, having a radius of
2914.79 feet, a central angle of 11 °47'00", and a long chord which bears N 81°22'56" E, 598.39 feet,
and N 75°29'26" E, 2067.78 feet to the east line of said Southwest Quarter of Section 3; thence
departing said parallel and concentric line S O1°24'49" W along said east line 52.00 feet to the
southerly right-of--way line of said 200 foot wide right-of--way; thence departing said east line and
westerly along said southerly right-of--way line, being parallel and concentric with the distant 100.00
.feet southerly, measured at right angles and radially from said center line, the courses and cu_rvatwe
of said southerly right-of--way line as follows:
S 75°29'26" W, 2053.51 feet; 609.73 feet along the arc of a curve to the right, having a radius
of 2964.79 feet, a central angle of 11°47'00, and a long chord which bears S 81°22'56" W, 608.66
feet; and S 87°16'26" W, 138.90 feet to the Point of Beginning.
This parcel contains 3.216 acres, more or less.
~aoos9 Page 13 of 17
EXHIBIT B
•
MONTHLY DISTRIBUTION OF HISTORIC COn'SUMPTIVE USE AND PRO-RATA
FLOW RATE ATTRIBUTABLE
TO THE O'NEILL AND HOLLAND DITCH FIRST ENLARGEMENT
AND MONTHLY DRY-UP REQUIREMENT
Month
May
June
July
August
September
October
CU a Dr~up (acresl Flow rate' (cfsl
0.62 6.89 0.267
2.13 4.26 0.165
1.92 4.36 0.169
6.88 20.24 0.783
6.47 24.88 0.963
0.36 18.00 0.697
TOTAL 18.38
24.88
N/A
jd0089 Page 14 of 17
Tract D Lands Removed From lrrigation
Irrigated area on Miller Ranch within Tract D: 28.0 acres
Lands remaining in irrigation from raw water system: -2.67
(0.70+0.15+0.23+0.15+1.00+0.23)
Total removed from irrigation: 25.33 acres
Exhibit C
Page 15 of 17
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818 COLORADO AVBiUE
OLENWOOD BPR~138. CO 802
(Y70R118-Tf88 FAXD)701848-8210
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• •
EXHIBIT D
MONTHLY DISTRIBUTION. OF HISTORIC CONSUMPTIVE USE AND PRO-RATA
FLOW RATE ATTRIBUTABLE TO THE HOWARD DITCH FIRST ENLARGEMENT
AND MONTHLY DRY-UP REQUIREMENT
Month
May
June
July
August
September
October
CU a
,0.50
1.71
1.54
5.50
5.16
0.29
Drv-up (acresl
3.47
5.33
3.62
15.06
23.27
6.96
Flow rate (cfsl
0.356
0.546
0.371
1.544
2.385
0.713
TOTAL
14.70 23.27
N/A
jd0089 Page 16 of 17
