No preview available
HomeMy WebLinkAboutC05-285 FIRST AMENDMENT TO LEASE AGREEMENT BET\VEEN EAGLE COUNTY, COLORADO AND CROWN MOUNTAIN PARK AND RECREATION DISTRICT This First Amendment to the March 10, 2005 Lease Agreement between Eagle County, Colorado a body corporate and politic, by and through its Board of County Commissioners (hereinafter referred to as "County") and the Crown Mountain Park and Recreation District, acting by and through % Board of Directors (hereinafter referred to as "District") shall be effective September , 2005 . RECIT ALS WHEREAS, Eagle County owns property known as the Mt. Sopris Tree Farm in Basalt, Colorado consisting of approximately 132 acres (hereinafter referred to as the "Property"); and WHEREAS, the County by Lease Agreement dated March 10,2005 leased 80.7 acres of the Property to the District ("Leased Premises"); and WHEREAS, the District has commenced development of the Leased Premises; and WHEREAS, the District desires to file an application for change of underground water rights, claim for conditional and absolute water right, claim for change of surface water right, and request for approval of plan for augmentation with the District Court, Water Division 5 ("Application"), which Application provides for irrigation and other uses by the District as outlined therein and which shall be filed with the Water Court in a form substantially similar to Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, during the preparation of that Application it has become clear that certain amendments to the Lease Agreement dated March 10, 2005 are needed so there is no inconsistency between that lease and the Application; and WHERAS, paragraph 15.05 of the Lease Agreement provides that "[t]his Agreement may be amended from time to time by written agreement duly authorized by all the parties to this Agreement." AGREEMENT NOW, THEREFORE, in consideration of the terms and covenants stated herein as well as those stated in the Lease Agreement dated March 10,2005, the County and the District agree as follows: 1. The parties agree that the recitals set forth above are true and accurate. The recitals are hereby incorporated into this First Amendment as if fully set forth herein. 2. Paragraph 6.03 of the Lease Agreement dated March 10,2005 between the parties is hereby amended to read as follows: "6.03 Pursuant to the District's PUD Amendment submittals, the District plans to permanently irrigate up to 45 acres of the Leased Premises. The District in its Application identifies up to 64.8 acres for irrigation. The parties agree that the change from 45 acres to 64.8 acres of irrigated acreage represents an effort by the parties to allow for additional irrigation on the Property south of the current Leased Premises. Further, the parties agree that any reference in the Application to the full acreage of the Property and additional irrigated acreage does not entitle the District to a lease to that additional land. Upon approval pursuant to 6.02, the County shall make its existing wells, with the exception of well number 2 which is hereby omitted from the terms of the Agreement, available to the District for the District's use in providing irrigation water for the District's needs on the Leased Premises. The water shall be available for irrigation of the Leased Premises by the District only to the extent that the County has water legally and physically available from the wells and to the extent that the District establishes additional rights to use the wells pursuant to subsection 6.06 below. The District's use of the wells shall at all times be subordinate and subject to the County's needs and its contractual and legal obligations referenced in subsection 6.01 above. The County makes no representation regarding the legal and physical reliability of the wells and the water available from the wells for the District's intended purposes. The District shall be responsible for obtaining additional irrigation water as necessary for the Leased Premises and for the purposes other than irrigation. In the future the District may obtain the right to use replacement, supplemental, and 1 or alternate point of diversion wells for the existing County wells. The District shall advise the County of any plan to do so prior to permitting or constructing any such additional wells and obtain the County's prior permission to do so. Any such additional wells shall be permitted in the County's name, subject to the agreed conditions regarding use and OMR&R ofthe existing wells, and permitted and constructed at the District's cost." 3. Paragraph 6.04 of the Lease Agreement dated March 10,2005 between the parties is hereby amended to read as follows: "6.04 The District shall operate the County's wells, with the exception of well number 2, to provide its irrigation supply and other uses as identified in the Application and shall maintain both the existing and future additional wells that may be developed in good operating condition, including the operation, maintenance, repair and replacement ("OMR&R") of facilities such as pumps, meters and other devices associated with the wells, at the District's sole cost and expense, subject to the County's contribution to such costs on a pro-rata basis at such time, if ever, when the County's wells are used to provide supply to meet other obligations as referenced in subsections 6.01 and 6.03 above. The District shall advise the County in advance of its OMR & R activities on the wells. The wells shall remain pemlitted in the County's name." 4. Paragraph 6.06 of the Lease Agreement dated March 10, 2005 between the parties is hereby amended to read as follows: "6.06 The District has prepared the Application with revi=w and comment from the County. The District shall file the Application with the Water Court to adjudicate water rights and changes of water rights and a plan for augmentation to secure amended or new well permits for the wells in order to provide a more legally reliable water supply for the Leased Premises for irrigation and other purposes as identified in the Application. The District shall be responsible for such adjudication and to secure any temporary substitute water supply plan or other administrative authorization to use the County's wells for the District's purposes prior to the Water Court's approval ofthe Application. The County shall be a co-applicant in the Application, and the parties agree that the County shall have the right to review and approve any proposed settlements and proposed decrees and requests for interim use plans referred to above. The County shall be owner ofthe water rights confirmed through the Application and Water Court process. 5. Paragraph 6.08 of the Lease Agreement dated March 10,2005 between the parties is hereby amended to read as follows: "6.08 The District may wish to install a pond or series of ponds on the Leased Premises. The layout of such ponds must be reviewed and approved by the County prior to installation of the same. It shall be demonstrated prior to construction of any pond or ponds other than the initial detention pond, that complete engineering and construction drawings and other engineering details for the pond(s) have been provided and an appropriate pond management plan addressing issues such as algae growth has been developed and properly implemented. The District shall be responsible to provide water rights for ponds as part of its adjudication of water rights and a plan for augmentation referenced in Subsection 6.06 above. Any reference to a pond or ponds in the Application shall not be deemed approval of such pond or ponds by County." 6. The terms of the Lease Agreement dated March 10,2005 shall continue in full force and effect except as modified by this First Amendment. IN WITNESS WHEREOF the parties hereto have executed this First Amendment on the day and year first written above. - 1, Chairman Commissioners CROWN MOUNTAIN PARK AND RECREATION DISTRICT By: Title YY~'lj'1 - ~,\\\"IIII1I1I1,,, ~~ ~ON ft<I ~/,,,,, ~~~ ...... -'Y.~ ;j..G (l. ~~. ~ 0.- -6 ~~; . . ~ ~ i :C~OTARye i ~ .. - = 4) c.. rilm %;;}, \~.... Pu B Lie :'8f i'-: ":Y .. .'!t<i ~ /'..0 . S ~ ~.. ..R':"'t~ ~ o....e 0 ~ ~"'.Il OF: co\).~\.,,"\" ~"""lIIm"'\\~ DISTRICT COURT, WATER DIVISION 5, COLORADO 109 8TH STREET, SlJITE 104 Draft 8/24/05 GLENWOOD SPRINGS, CO 81601 (970) 945-5075 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: CROWN MOUNTAIN PARK AND RECREATION DISTRICT and THE EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS IN EAGLE COUNTY AND PITKIN COUNTY ATTORNEYS FOR ApPLICANTS: o COURT USE ONLY 0 Case No. 05CW CROWN MOUNTAIN PARK AND RECREATION DISTRICT - C/OROBERT M. NOONE, #12452 CHRISTINA R SLOAN, #36041 WATERDIV.5 THE NOONE LAW FIRM, A PROFESSIONAL CORP. 1001 GRAND AVE., SlJITE 207 P.O. DRAWER 39 GLENWOOD SPRINGS, CO 81602 Tele.: (970) 945-4500 Fax: (970) 945-5570 rmn@noonelaw.com THE EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS C/O DA VID C. HALLFORD, #10510 SARA M. DUNN, #30227 BALCOMB & GREEN P.C. 818 COLORADO AVE. GLENWOOD SPRINGS, CO 81601 Tele.: (970) 945-6546 Fax: (970) 945-8902 dha1lford@balcombgreen.com ApPLICATION FOR CHANGE OF UNDERGROUND WATER RIGHTS, CLAIM FOR CONDITIONAL AND ABSOLUTE UNDERGROUND WATER RIGHT, CLAIM FOR CHANGE OF SURFACE WATER RIGHT, AND REQUEST FOR ApPROVAL OF PLAN FOR AUGMENTATION 1. Name, Address and Telephone Number of Applicants: Crown Mountain Park and Recreation District Eagle County Board of County 20 Eagle County Drive, Suite F Commissioners EI J ebel, CO 81623 PO Box 850 Eagle, CO 81631 e-{~'~'t \\ -A 1\ Please direct all pleadings, correspondence and other commtmications to Attorneys for Applicants. I. CLAIM FOR CHANGE OF UNDERGROUND WATER RIGHTS 1. Names of Structure: Mt. Sopris Tree Nursery Well Nos. 1,3 and 4 (a/kla "Eagle County Tree Farm Wells No.1, 3, and 4"). From Previous Decrees entered in Case Nos. W-467 and 469, Water Court for Water Division 5: STRUCTURE NAME SOURCE LOCA nON DEPTH APPROPRIATION TYPE OF USE PRIORITY and WELL PERMIT # OF WELL DATE AMOUNT DATE Mt. Sopris Tree Roaring The well is located in 117 feet 07/18/62 0.56 cfs Irrigation 07/18/62 Nursery Fork Tract 43, Sec. 3, T8S, Well No.1 River R87W, of the 6th P.M. Well Permit No. alluvium at a point 910 feet South 3624-F. of the North line and 1605 feet East of the West line of said Sec. 3 Mt. Sopris Tree Roaring The well is located in 110 feet 10/31/69 0.67 cfs Irrigation 10/31/69 Nursery Fork Tract 43, Sec. 3, T8S, Well No.3 River R87W, of the 6th P.M. Well Permit No. alluvium at a point 770 feet South 01400l-F of the North line and 1490 feet West of the East line of said Sec. 3 Mt. Sopris Tree Roaring The well is located in lOa 07/14/69 0.56 cfs Irrigation 07/14/69 Nursery Fork Tract 43, Sec. 3, T8S, feet Well No.4 Well River R87W, of the 6th P.M. Permit No. alluvium at a point 1000 feet 4014002-F South of the North line and 800 feet East of the West line of said Sec. 3 A. Decreed Points of Diversion: See above and Exhibit C. B. Source: See above. C. Appropriation Date: See above. D. Amount: See above. E. Historic Use: Irrigation. See Exhibit A (Map of Irrigated Acreage) Proposed Change: The decreed legal descriptions ofthe points of diversion for the Mt. Sopris Tree Nursery Well Nos. 1,3 and 4 are incorrect. Applicants request a change in the legal description Mt. Sopris Tree Nursery Well Nos. 1, 3 and 4 so as to reflect their 05CW ApPLICATION WATER DIV. 5 PAGE20Fll actual physical locations which are as follows: Structure Name Le2al Description Mt. Sopris Tree Nursery NE 1/4 of the NW y" of Section 3, Well No.1 Township 8 South, Range 87 West of the 6th Principal Meridian, 930 ft South of the North Section Line, 1600 ft East of the West Section Line of Section 3 Mt. Sopris Tree Nursery NW 1/4 of the NE y" of Section 3, Well No.3 Township 8 South, Range 87 West of the 6th Principal Meridian, 850 ft South of the North Section Line, 1340 ft West of the East Section Line of Section 3 Mt. Sopris Tree Nursery NE 1/4 of the NE y" of Section 3, Well No.4 Township 8 South, Range 87 West of the 6th Principal Meridian, 990 ft South of the North Section Line, 800 ft East of the West Section Line Applicants also request a change in use ofthe Mt. Sopris Tree Nursery Well Nos. 1,3 and 4 from irrigation to irrigation, storage in the Crown Mountain Pond, piscatorial, aesthetic, fire protection, and recreation. E. Name and address of owner of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant Eagle County Board of County Commissioners. II. CLAIM FOR CONDITIONAL UNDERGROUND WATER RIGHTS 1. Name of Structure: Mt. Sopris Tree Nursery Well No.5 (alkla "Eagle County Tree Farm Well No.5"). A. Legal Description: The well is located in the SW'i4 ofthe NE'i4, Section 3, Township 8 South, Range 87 West, of the 6th Principal Meridian at a point 1760 feet South of the North line and 1820 feet East of the West line of Section 3 B. Source: Groundwater tributary to the Roaring Fork River, tributary to the Colorado River. C. Depth of Well: 105 feet D. Appropriation Information: 1) Date of Appropriation: July 9, 1970 05CW ApPLICATION WATER DIV. 5 PAGE 3 OF J J 2) How Appropriation was Initiated: By construction of well and application of water to beneficial use. 3) Date Water Applied to Beneficial Use: July 9, 1970 E. Amount Claimed: 0.67 c.fs, absolute for irrigation; 0.67 c.fs., conditional, for irrigation, storage, recreational, piscatorial and aesthetic uses. F. Proposed Use: storage, irrigation, piscatorial, aesthetic, fire protection, and recreation. G. Remarks: The Mount Sopris Tree Nursery Wells are depicted on Exhibit C. III. CLAIM FOR CONDITIONAL STORAGE WATER RIGHT 1. Name of Reservoir: Crown Mountain Pond A. Legal Description of location of dam: located in a portion of tracts 43, 45 and 46 of Section 3, Township 8 South, Range 87 West, 6th Principal Meridian, Eagle County, Colorado, more particularly described on Exhibit A attached hereto. B. If off-channel reservoir, name of ditch: The Robinson Ditch, described below, and the Mount Sopris Tree Nursery Well Nos. 1,3 and 4, decreed in Case No. W-467, Water Division 5, and Mount Sopris Well No.5 described above. C. Source: The Roaring Fork River, tributary to the Colorado River. D. Appropriation Information: i. Date of Appropriation: April 1 , 2001 ii. How Appropriation was Initiated: By field investigation and formation of intent to appropriate water for the claimed beneficial uses. iii. Date Water Applied to Beneficial Use: N/A E. Amount Claimed: 1. In acre feet: 15 acre feet (AF), conditional, and to fill and refill said pond whenever water is available in priority or at such times as any out-of- priority depletions are offset by implementation ofthe augmentation plan described below. ii. If off-channel reservoir, rate of diversion for filling reservoir: 0.67 c.fs. 05CW ApPLICATION WATERDIV.5 PAGE 4 OF II F. Use: irrigation, piscatorial, aesthetic, fire protection, and recreation. 1. If Irrigation, Complete the Following: a. Total number of acres Proposed to be hTigated: up to 64.8 acres b. Legal description of acres proposed to be irrigated: located in a portion of tracts 43, 45 and 46 of Section 3, Township 8 South, Range 87 West, 6th Principal Meridian, Eagle County, Colorado. G. Surface area of high water line: 2.5 acres 1. Maximum height of dam: 9.9 feet 11. Length of dam in feet: 100 feet 111. Total capacity of reservoir: 15 AF a. Active Capacity: 15 AF b. Dead Storage: 0 AF H. Name and address ofthe owner or reputed owner ofland upon which any new diversion or storage structure or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including modification to the existing storage pool: Applicant Eagle County Board of County Commissioners. IV. CLAIM FOR CHANGE IN POINT OF DIVERSION AND USE OF WATER RIGHT 1. Name of Structure: Robinson Ditch. From Previous Decrees : ROBINSON DITCH Amt ADJUDDATE APPROP DATE DECREED Case No. CFS USE Original 5.00 05/11/1889 06/15/1882 Irrigation C.A. 132 1 5t Enlargement 2.50 05/11/1889 04/15/1886 Irrigation c.A. 132 2nd Enlargement 2.00 05/11/1889 11/15/1886 Irrigation c.A. 132 Morrison Enlargement 10.70 12/29/1903 04/25/1899 Irrigation W-3725 4 th Enlargement 20.06 08/25/1936 04/25/1900 Irrigation c.A. 3082 TOTAL 40.26 cfs 05CW ApPLICATION WATER DIV. 5 PAGE 5 OF 11 A. Date entered: See above. B. Case No.: See above. C. Court: See above. D. Decreed Point of Diversion: Located in the NW1/4NW1/4SE1I4, Section 11, Township 8 South, Range 87 West. E. Source: The Roaring Fork River, tributary to the Colorado River. F. Appropriation Date: See above. G. Historic Use: Applicant Crown Mountain Park and Recreation District has leased from the Mid Valley Metropolitan District the right to divert up to 1.0 c.f.s. owned by the District under the Robinson Ditch priorities described above, which water has been historically used to irrigate 12 acres, more particularly shown on Exhibit B. See Exhibit B (Map of Irrigated Acreage) H. Proposed Change: Applicants request an alternate point of diversion for the 1.0 cfs of Robinson Ditch water leased by the Crown Mountain District from the Mid Valley Metropolitan District at the Mt. Sopris Tree Nursery Well Nos. 1, 3, 4 and 5. Applicants also request a change in use of for 1.0 cfs of Robinson Ditch water from irrigation to irrigation, storage in the Crown Mountain Pond, described above, piscatorial, aesthetic, fire protection, and recreation. I. Name and address of owner of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant Eagle County Board of County Commissioners. IV. STATEMENT OF PLAN FOR AUGMENTATION 1. Background- The Crown Mountain Park and Recreation District: The Crown Mountain Park and Recreation District is a special district pursuant to the Special District Act, CRS g32-1- 101 et.seq. The District has leased approximately 80.7 acres from Eagle County and is in the process of developing recreation and park facilities on what has historically been known as the Mount Sopris Tree Farm ("Tree Farm Property") in the El Jebel area ofthe Roaring Fork Valley. The District will actively irrigate approximately 64.8 acres on the Tree Farm Property and will construct and fill the Crown Mountain Pond, described above, using water diverted from the Mount Sopris Tree Nursery Well Nos. 1,3,4 and 5, described above. Only 34.0 acres of Bluegrass Turfwill be irrigated permanently under this plan for augmentation. The balance ofthe irrigation will be Native Grasses that will require temporary irrigation for 2 to 5 years to establish Native Grass cover, and that temporary irrigation will be augmented 05CW ApPLICATION WATER Dlf7. 5 PAGE 6 OF 11 under a separate temporary substitute supply plan and not pursuant to this plan for augmentation. The District has also entered into a long term lease for the use of Robirron Ditch water, also described above, which leased water has been historically used to irrigate approximately 12 acres. Annual water demand for the Tree Farm Property under this plan for augmentation will be approximately 73.66 acre feet and the annual consumptive use attributable to the claimed uses, including evaporation losses from the Crown Mountain Pond, is estimated to be 58.93 acre feet. The consumptive uses allowed under this plan for augmentation will be augmented in part pursuant to a contract entered into with the U.S. Bureau of Reclamation for the annual release of water from Ruedi Reservoir. Other portions of consumptive use will be attributed to use ofthe Mt. Sopris Tree Nursery Wells No.1, 3, 4, and 5 pursuant to releases from the Green Mountain Reservoir power pool (alk/a "Historic Users' Pool") and diversion of the Robinson Ditch water rights described herein at such Wells as alternate points of diversion. A. Names of Structures to be Augmented: Mount Sopris Tree Nursery Well Nos. 1,3,4 and 5; and the Crown Mountain Pond, described above. In addition to the independent water rights adjudicated to the Mount Sopris Tree Nursery Well Nos. 1, 3, 4 and 5, they will also serve as alternate points of diversion for the Crown Mountain District's Robinson Ditch rights described above. B. Water Rights to be Used for Augmentation: Ruedi Reservoir, described as follows: Information from the previous decree for Ruedi Reservoir: i. Source: Frying Pan River, tributary of Colorado River ii. Legal Description: An on-channel reservoir located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. iii. Adjudication Date: June 20, 1958 iv. Appropriation Date: July 29, 1957 v. Case No.: c.A. 4613 vi. Court:Garfield County District Court vii. Decreed Amount: 102,369 acre-feet (Originally decreed for 140,697.3 acre feet; reduced to 102,369 AF in Case No. W-789-76). viii. Decreed Uses: Generation of electric energy, domestic, municipal, industrial, irrigation and stock watering. 05CW ApPLICATION WATER DIV. 5 PAGE7oFl] By decree ofthe Water Court in Case No. 81 CW34, Ruedi Reservoir was decreed a refill right in the amount ofl01,280 acre feet, conditional. In Water Court Case No. 95CW95, 44,509 AF was made absolute and 25, 257 AF was made absolute in Case No.01CW269. C. Depletion Assumptions. So as to assure the replacement of all out of priority depletions covered by the subject plan for augmentation, the following assumptions shall be employed in determining the amount of depletions resulting from the use of water described herein: 1. Annual evaporation losses from the Crown Mountain Pond will be approximately 3.75 AF per surface acre. As the Crown Mountain Pond will consist of no more than 2.5 surface acres when full, the pond evaporation losses will equal a maximum of9.375 AF per year as set forth below: POND EVAPORATION Month Total Evaporation AF/Acre January 0.11 February 0.13 March 0.20 April 0.33 May 0.45 June 0.54 July 0.56 August 0.50 September 0.57 October 0.26 November 0.15 December 0.11 Annual 3.75 Total CU (times 2.5 ac) 9.375 05CW ApPLICATION WATERDIV.5 PAGE 8 OF 11 11. Irrigation use by sprinkler will be 80% consumptive, and will be for no more than 34.0 acres resulting in a total annual consumptive use of 58.93 acre feet. IRRIGATION CONSUMPTIVE USE Bluegrass Turf Irrigation Area 34.0 Acres Irrigation Monthly Demand Demand Month ac- ft! ac ac- ft! area (1) (2) January 0.00 0.00 February 0.00 0.00 March 0.00 0.00 April 0.08 2.83 May 0.25 8.50 June 0.38 12.75 July 0.54 18.41 August 0.50 17.00 September 0.33 11.33 October 0.08 2.83 November 0.00 0.00 December 0.00 0.00 Annual 2.17 73.66 CU 1.73 58.93 iv. The total combined annual depletions associated with irrigation and pond evaporation losses will be 68.30 ac-ft. (total bluegrass and pond evaporation depletions). Applicant's interest in the Robinson Ditch has historically irrigated and will continue to irrigate 12 acres, thus reducing the total depletions to be augmented by 24.72 AF (CU calculated on the basis of 12 acres x 2.06 af/acre). In addition, because the existing irrigation uses for the Mount Sopris Tree Nursery Wells during the shoulder season months of April, May, September and October are entitled to releases from Green Mountain Reservoir's Historic Users Pool pursuant to Senate Document No. 80 (Act of August 9, 1924 (43 Stat. 564)) the total out of priority depletions to be augmented are further reduced by 25.49 AF. Therefore, under the proposed plan for augmentation the Applicant Crown Mountain Park and Recreation District is contracting with the U.S. Bureau of Reclamation for the annual release of a total of 19.0 AF, being 18.1 AF for depletions and 5% of that amount to cover transit losses from Ruedi Reservoir to the point of depletion, ofRuedi water to augment its out-of priority depletions, including the Bluegrass Turf irrigation and the pond evaporation losses described 05CW ApPLIC4TION WATER DIV. 5 PAGE 9 OF 11 above. Applicants may change the mix of uses set forth above and augmented pursuant to this plan, provided the total out-of-priority depletions do not exceed 18.1 AF per year or such greater amount, not to exceed a total of68.30 AF, as may be required because of any deficiency in either Green Mountain Reservoir Historical Users' Pool releases or Robinson Ditch water rights providing their portions of the total consumptive use as described above; and further provided that the needed augmentation water is available pursuant to contract for delivery from Ruedi Reservoir. 4. Replacement Wells. In the event any supplemental or replacement welles) are required or desired for the Mount Sopris Tree Nursery Well Nos. 1,3,4 and 5, such wells constructed on the Tree Farm Property will be automatically incorporated in this plan for augmentation. Such wells will be subject to all of the terms and conditions set forth herein. WHEREFORE, the Applicants requests that this Court enter a decree that: (1) grants the application and awards the conditional and absolute water rights claimed for the Mt. Sopris Tree Nursery Well Nos. 1, 3, 4 and 5 and the Crown Mountain Pond; (2) grants the changes in use requested for the Mt. Sopris Tree Nursery Well Nos. 1, 3 and 4 and the changes in use and alternate points of diversion requested for the Robinson Ditch water rights, and (3) approves the Applicants' Plan for Augmentation described above. DATED: August_, 2005 BALCOMB & GREEN, P.c. THE NOONE LAW FIRM, P.c. By: By: David C. Hallford, #10510 Robert M. Noone, #12452 Attorneys for Applicant Attorneys for Applicant Eagle County Board of Crown Mountain Park and County Commissioners Recreation District 05CW ApPLICATION WATER DIV. 5 PAGE JOOF 11 VERIFICATION STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) I, Yancy Nichol, P .E., being first duly sworn, upon oath, depose and say that I have read the foregoing ApPLICATION FOR CONDITIONAL STORAGE WATER RIGHT, FOR CONDITIONAL AND ABSOLUTE UNDERGROUND WATER RIGHTS, FOR CHANGE OF WATER RIGHTS, AND FOR ApPROVAL OF PLAN FOR AUGMENTATION, and verify its content. Yancy Nichol, P.E. Subscribed and sworn to before me this _ day of August, 2005. My commission expires: Notary Public 05CW ApPLICATION WATER DlV. 5 PAGE 1J OF 1J f:':'VH'srr ./' C:A j 'A A parcel of land kuovTn as Tract A, e portion of Traces 43, 45 and 46 or Section 3, To~~ship 8 South, Range 87 West of the Si~th Principal Meridian, Eagle County, Colorado, more particularly described on the legsl record of survey below which'was deposited with the Eagle County Engineer on'October 4. 1994 in Book 1 at Page 157, containing 12B.03 acres, more or lesa. -'" "-v "1l~C --------;.....,.-----'-- . ~ Rlw.. IU>~ r<ir'"ltt W4 . . Well 14 0 ~N::it''ZfJ. -~ . 0 _G ---------------~ . , -------------- r-- 1 ~ ~~ holt'" I , . ~ I _4f. I 1q I- , I " ! J ,. .... I '" I . , . " f Ilif .t .. ~ ! ...... .. .,,~V - NlJTE:1 l..oCll.i:lQnll' cP' \llli'US /l.ncl lrrlQt:>iJcn tlnu! erUql'l4'l\~ cu;t e.ppr-OXll'14tq LEGEND e Ill..C. :ar0,:;$ c~ . ~,,<t:vr'.~ ,..lltO 19Q'i H;::<.I"'" Sww:y e Z II<!' A.l;.whUl't Co.p f\O.rl<..d ~ ~ Sc..u.E . I liZ' CQI>p;;r> ~ ...",.k..d LS. 72:!S . .. s..t t~ffit ~~ =0' \.Ie Vftl1't:S# earn..,. ~~ ,"kzJ 1~..~1l.. 111111111111111111111111111111111111111111111111 III 1111 729712 05/1~/2000 11:09A 23 Sara Flsner 12 of 14 R 70.00 0 8.00 N 0.00 E~glR CO '$_""'rY"'"':I'.>>--~-'- .~ r _~~~k'-~~ _.t;'"'~ ~ """"<'>'U4>~r~~~~"""'~"""';'~~""'>==-~~~ /'~ ~ / . . T. 8S . . R. 87W . " . ....-........... .. .' j " . . , " 0 0 . 0 t '- - -1-- ." .." ~..... ......... APPROX. SCALE 1" = 1,000. '. '. '. ", EXHIBIT B M . . ". " ......, . _..__.~......__...........,_._-_._-_.._-_._---~ ...---~~.............._..,~.............."~---..............~........_.........~..._~..-.-.........,-----..,,...........__...._..........-'..~,_.._...........~.-_...._...'.......__........,.,.....""_...~.~,,.,,.,,.._.,,.,..- ! f~~2>/ . . . Well No.1 645Jj Eagle County Wells Exhibit Des. By: JAW Formerly Mt. Sopris Tree Farm (USFS) Ckd. By JMK C Date: 8/25/05 Section 3. T. 8 South, R. 87 West of the 6th P.M. Scale: 1" '.'" 1000' . Septemboer 8, 2005 Mr. Bryan Treu Eagle County Attorneys Office 500 Broadway Eagle, CO 81631 Re: Mt. Sopris Tree Farm! First Amendment to the Lease Agreement Dear Bryan, Enclosed are four originals of a First Amendment to the Lease Agreement between Eagle County, Colorado and Crown Mountain Park & Recreation District. All four have originals have been signed by the Chairman of the Board. Please forward a fully signed original to our office. Sharon Rather Administrative Assistant 20 Eagle County Drive, Suite F EI Jebel, CO 81623 970.963.6030 v 970.963.6032 f www.crownmtn.org