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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />~7CW373 <br /> <br />Williams to the Town of New Castle as provided in the above-referenced <br />Annexation Agreement. <br /> <br />B. All water rights may be used as they have been historically until used for the <br />P.U.D. development as specified in this plan. These water rights will be used to <br />augment the water supply to the future service area, of the Town of New Castle <br />which is designated as the Castle Valley Ranch P.U.D. Attached as Exhibit "B" <br />is a map showing the location and area of the Town of New Castle and the Castle <br />Valley Ranch. The Castle Valley Ranch P.U.D. comprises 653.63 acres, more <br />or less, and is located in parts of Section 25, Township 5 South, Range 91 West, <br />and Sections 29, 30, 31, and 32 of Township 5 South, Range 90 West. A legal <br />description of such property is attached hereto as Exhibit "C". <br /> <br />C. The Applicant plans to develop the property for residential and/or commercial <br />uses. The. Town of New Castle has adopted the "equivalent residential unit" <br />(EQR) to define water requirements. The EQR unit equates into different types <br />of municipal uses. The EQR is defined as a single-family residential housing unit <br />containing an average of 3.5, people using 100 gallons of water per person per <br />day with a 5 percent in~house consumptive use. 2,500 square feet of irrigated <br />lawn and garden is included for each EQR and is based on a 2.26 AF/acre <br />application rate with 70 percent of the water applied being consumptively used <br />at a unit consumptive use of 1.56 AF/acre. For irrigation of parks and open <br />space or for irrigation of lawn and garden in excess of 2,500 square feet (for a <br />single-family residence), each 2,500 square feet of irrigation shall be considered <br />to be the equivalent of 0.75 EQR pursuant to the Town's ordinance. The Town's <br />ordinance, which is attached hereto as Exhibit "D" and incorporated herein by <br />this reference, has a table of equivalent residential units which allows the <br />computation oftota! EQRs for the purpose of computing water requirements. <br />Development may occur for a variety of uses, so long as (1) the total irrigated <br />area in the development does not exceed 213.8 acres; (2) total consumptive use <br />in the Castle Valley Ranch P.U.D. does not exceed 446.22 acre-feet per year; <br />and (3) acreage is retired from irrigation and water rights are conveyed from Eric <br />C. Williams to the Town of New Castle as described herein in sufficient amounts <br />to support development. <br /> <br />D. The historic consumptive use associated with 1 acre of historically irrigated <br />acreage on the Castle Valley Ranch has been calculated to be equivalent to the <br />consumptive use associated with 10 EQR during the historic irrigation season. <br />Therefore, if the total 333 historically irrigated acres_ were dried up, the <br />maximum number of EQRs which could be developed within the Castle Valley <br />RanchP.U.D. would be 3,330. The upper limit of potential development at the <br />Castle Valley Ranch P. U.D. under this augmentation plan is 3,330 EQR units, <br />however, the limitation may be less under applicable zoning and by actual <br />operation of the_ water system under this Decree. Currently, the Town of New <br />Castle has approved only 2,500 EQR units. The Applicant shall be required to <br />check the assumptions in this paragraph as set forth below in Paragraph 7. F . <br /> <br />C:\FIW\NEWCAST.IDE <br />July 17. 1991 <br /> <br />-7- <br />